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Hard File Scanned FAX TRANSMISSION CITY OF YELM PO BOX 479 - 105 YELM AVE W YELM WA 98597 360-458-3244 FAX. 360-458-4348 To: ,j) /J(Ul- Fax#: ?53 - 537- /2 cr 3 From: &1t1{~ (Jf!yYl Date: 1/ 2-4-/0 ) Pages: ( . including this cover sheet. Subject: COMMENTS- 4di'bf7 !(aorr.l01..J1)- Pit.! I PIziJ-S(~1I- - 33 3 z..OSl !J{u-d ?~tLs<::2I ~ 333 2-08 '7 cY ..:.---- ( ** If you do not receIve all copies or any copy is not legible, please call (360) 458-3244 as soon as possible dslc\office\forms\fax.3 After Recordmg Return to Bryce H. DIlle of Campbell, Dille & Barnett POBox 488 317 South MendIan Puyallup, W A 98371 FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NISQUALLY ESTATES, DIVISION 1. PHASES 1 AND 2. AND DIVISION 2. PHASES 1 AND 2 Grantor Harr FamIly Homes, Inc., a Washmgton Corporation Grantee Nisqually Estates Homeowners ASSOCiatIOn Reference No of Documents to be Recorded. 3206024 and 3200625 Legal Descnption (abbreviated) Parcel B of the Boundary Lme Adjustment No BLA98- 8203YL, recorded January 13, 1999, under Thurston County AudItor's File No 3203716 and 3203725 m Thurston County, Washmgton. Complete legal is on Page 4 of thIS document. Assessor's Parcel No This First Amendment to the Declaration of Covenants, Conditions and Restrictions for Nisqually Estates, Division 1, Phase 1, and Division 2, Phase 1 , is made on thIS I q 7j day of October, 2000 by Harr Family Homes, Inc., a Washmgton CorporatIOn (heremafter referred to as "Declarant") Background A. Declarant owns certam real property m Thurston County on which It IS developmg the reSIdential communIty ofNisqually Estates. Declarant has subjected portIOns of the property to the DeclaratIOn of Covenants, CondItIons and RestnctIOns for Nisqually Estates DIVISIOn 1, Phase 1 and DiVIsion 2, Phase 1, which was recorded under Thurston County AudItor's Recordmg Numbers 3206024 and 3206025 Pursuant to ArtIcle I, SectIOn 4, the Declarant may umlaterally, subject to the proVISIOns of the above referenced DeclaratIOn, and addItIonal real property and therefore the Declarant now deSIres to subject Nisqually Estates DIVISIOn 1, Phase 2, and NIsqually Estates DIVIsion 2, Phase 2, recorded concurrently WIth this FIrst Amendment under Thurston County AudItor's Recordmg Numbers 3332.091 and First Amendment I :\DA T A \D\BHD\M\HARR\Nisqually\First Amendment Page 1 of 4 '"'" " "" "" "" II CITY OF YELM COU $11 sa 3332090 P Cige 1 of 4 S1. '19, 2SS1 S9 4SA Thurston Co' WA Cl 33.3 2081 to the provIsions of the DeclaratIOn of Covenants, CondItIons and Restrictions for Nisqually Estates referred to above. Declaration 1 Addition of Division 1. Phase 2, and Division 2. Phase 2. Declarant hereby declares that the property described in ExhibIt "A" IS and shall be held, transferred, sold, conveyed and occupIed subject to the covenants, condItIons, restnctions, easements, charges, and hens, set forth m the DeclaratIOn of Covenants, CondItIOns and RestnctIOns for Nisqually Estates DIvIsIOn 1, Phase 1 and DIVISIOn 2, Phase 1, recorded wIth the Thurston County AudItor under Recordmg Numbers 3206024 and 3206025 2 That ArtIcle III, Definitions, and speCIfically paragraph 12 shall be amended to read as follows 12 "Lots" shall mean Lots 1 through 31 mclusIve of Nisqually Estates- DIVISIOn 1, Phase 1, and Lots 73 through 103 ofNisqually Estates-DIVISIOn 2, Phase 1, and Lots 32 through 60 WhICh are contamed m Nisqually Estates- DIvisIOn 1, Phase 2, and Lots 61 through 72 and 104 through 120 mclusIve ofNisqually Estates-DIvIsIOn 2, Phase 2 3 That ArtIcle V, Common and Easement Areas, and speCIfically paragraph 1, shall be amended to read as follows. 1 DescnptIOn of Common Area. The common areas shall mclude the easements as further described below together WIth the followmg tracts whIch shall be owned by the homeowners associatIOn and WhICh tracts are as follows. Tracts A, C, D, G, H, and I are storm water retentIOn facIhtIes and the tract "the Park" shall be used for park and open space purposes and ali of the above referenced tracts shall be owned and mamtamed by the homeowners associatIOn and the Declarant does hereby coney and qUit claim to the homeowners aSSOCiatIon all of the Declarant's nght, title and interest in and to the above referenced tracts and that the homeowners aSSOCiatIOn shall have the responsibIlIty to mamtam the same. The above referenced tracts that are storm water retentIOn facIlItIes shall be mamtamed by the homeowners aSSOCIatIOn pursuant to a storm water facIlItIes mamtenance agreement to be entered mto wIth the City of Yelm. An easement IS hereby granted to the CIty of Yelm over and across all of the above referenced tracts for access and maintenance purposes for emergency or default. FIrst Amendment I:\DA T A \D\BHD\M\HARR\Nisqually\First Amendment Page 2 of 4 " "" 1111111111111111 CIT\' OF \'ELM COU $11 as 3332090 PCige 2 of 4 S1. '19, 2SS1 S9 4SA Thurston Co' WA .- o 4 That ArtIcle V, Common and Easement Areas, and specifically paragraph 6, shall be amended to add tract D and tract "the Park" to the common areas to be maintamed and improved by the homeowners associatIon. 5 That all other terms and conditIOns of the above referenced DeclaratIOn shall remam m full force and effect except as expressly amended and modIfied herem. n. In Witness Whereof, the undersigned have caused this First Amendment to be executed tills / q day of October, 2000 Harr Family Homes, Inc., a Washington Corporathm By: Kirk Harr,President K~ Q..?V~ STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) ._ A-n-t dCV I On this ~ day of ~~ , -1-9.98, before me, the undersIgned, a Notary PublIc in and for the State ofWashmgton, duly com~:mssIOned and sworn, personally appeared KIrk Harr, to me known to be the PresIdent, respectIvely, ofHARR FAMILY HOMES, INC, a Washmgton CorporatIOn, the corporatIOn that executed the foregomg instrument, and acknowledged the Said mstrument to be the free and voluntary act and deed of saId corporatIOn, for the uses and purposes therein mentIOned, and on oath stated that they are authonzed to execute the Said mstrument. WITNESS my hand and offiCial seal hereto affixed the day and year first above wntten. .,~~'\tIMttrttl/rIIQ~ ~dtL(Ja ,~~o'!-..tf~~~ .' <: ~~Y'~'U'Nr,.,;~ .,. .C. ~1rldA rh2~ fl . .fA'<fJ ~ "--~" \ Pfmt dName. UND.^,,^.!...~.':!::lDA $ t"'< r~~~~: ;; NOTARY PUBLIC in and for the State of ~1I~'if1I fIlUiMfI;; :,. I Washmgton,resHJIDgat.4OltllJ lI(o/"lf- Yr- :~71Q) ~':- My commIssIon expIres. f'l'l/Vvl JOt dtJ() J ~;d".' . FIrst Amendment I:\DA T A \D\BHD\M\HARR\Nisqually\First Amendment Page 3 of 4 11111111111111I11111 II C In' OF \'EU1 COU $11 SS 3332090 PCige j elf 4 Sl '19, '2SS1 S9 4SA Thurston Co' WA .' Exhibit "A" Legal Description Parcel B of the Boundary Lme AdJustment No BLA98-8203YL recorded January 13, 1999 under AudItor's FIle Nos. 3203716 and 32037256, m Thurston County, Washmgton, except that portIOn known as the plat ofNisqually Estates DIvIsion 1, Phase 1 recorded January 22, 1999 under AudItor's FIle No 3206024 and except that portion known as the plat of Nisqually Estates Division 2, Phase 1 recorded January 22, 1999 under AudItor's File No 3206025, records of Thurston County , Washington. First Amendment to DeclaratIOn I:\DA T A \D\BHD\M\HARR\Nisqually\First Amendment Page 4 of 4 11111111111111I1111111 CITY OF YELM COU $11 S~ 3332090 P Cige 4 of 4 S1. '19.'2SS1 S9 4SA Thllrstoti Co' WA BILL-OF-SALE WATER ThIS Bill of Sale IS made and executed thIS ~ day of ~J:<A- ' by and between HARR FAMILY HOMES, INC. heremafter called the Grantors" ana the CITY OF YELM, a MUlllcIpal CorporatIon, heremafter called the "Grantee" WITNESSETH. That the Grantors for good and valuable conSIderatIOn, the receIpt of whIch IS hereby acknowledged, hereby conveys, sets over, aSSIgns and warrants to the CITY OF YELM the followmg described property sItuated m Thurston County, State ofWashmgton, TO WIT All water mams together WIth valves, valve boxes, hydrants, pIpmg, fittmgs, and all other appurtenances as constructed wIthm the Phase II portIOn of the Plat ofNIsquallyEstates. The Grantors hereby warrant that they are the sole owners of all the property above conveyed, that they have full power to convey the same, and they will defend the title of Said grantee and any and all persons lawfully makmg claIlll thereto Dated at Yelm, Washmgton thIS ~ day of ~~ , 20-D...D.- KdQ"W~ Developer STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On thIS ~ day of Ju.,,~ , 20 UU , before me personally appeared KIRK HARR to me known to be the ()1A..l/l-er of the corporatIOn that executed the wIthm and foregomg mstrument, and acknowledged Said mstrument to be the free and voluntary act and deed of saId corporatIOn, for the uses and purposes therem mentIOned, and on oath stated that he was authOrIzed to execute saId mstrument and that the seal affixed IS the corporate seal of Said corporatIOn. Page 10f2 11/1111111111111111111 C ITV OF \'ELM M I SC $9 SS 3332091 PCige 1 of 2 S1. '19, '2SS1 S9 41A Thurst on Co' ~~A GIVen under ~y,\\4and:'an<t'is"g~.1 thIS ~ day of ~ .__",/!i...~.,:;1~~'~:)'" '",.;' I, '1 iY 'I,~/'\:;\;"..,.,.:_: _.~, .j J\=:\~ ;'" (_" "I :"~ " ~-. rf\f,~'V \..... ~ ~j. ., ,20 OV q, A~.~ Notary Pubhc m and for teState of Washmgton, resIdmg at ;{ d.L4i:i.Jl My commISSIOn expIres. or.JU....Pd3j2bO.2.. \-1<\ :::.. % __<r'.~.___ PUEL.\C ,2:::"':: '-::;. (,:\. " r)f: r}"^. :::......~ ~'- ", "\1'" System accepted by the CIty o{Y~lm thIS _ day of ,20_ CITY OF YELM B;l ~ ~.~-efSp- Page 2 of2 E.\office\sdh\word\3939BOScorp yelm.doc JI JI'L1IIIII1IIUIIJJ'. ~~;~~~::~9::1R BILL-OF-SALE SEWER Th1s Bill of Sale 1S made and executed th1s ~ day of ~ ' by and between HARR FAMILY HOMES, INC. heremafter called the Grantors" an the CITY OF YELM, a MumClpal CorporatlOn, heremafter called the "Grantee" WITNESSETH. That the Grantors for good and valuable cons1deratlOn, the rece1pt of wh1ch 1S hereby acknowledged, hereby conveys, sets over, ass1gns and warrants to the CITY OF YELM the following described personal property s1tuated m Thurston County, State ofWashmgton, TO WIT All samtary sewers together w1th force mam valves and boxes, cleanouts, p1ping and all other appurtenances as constructed w1thm the Phase II portlOn of the Plat ofN1squally Estates. The Grantors hereby warrant that they are the sole owners of all the property above conveyed, that they have full power to convey the same, and they will defend the tItle of sa1d grantee and any and all persons lawfully makmg clmm thereto Dated at Yelm, Washmgton th1sli!!l- day of ~.J-..LA1~ ,20~ K~O-7Y~ Developer STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On th1s ~ day of ,~ ,20 UV, before me personally appeared KIRK HARR to me known to be the OW tU e It of the corporatlOn that executed the w1thm and foregomg mstrument, and acknowledged smd mstrument to be the free and voluntary act and deed of sa1d corporatlOn, for the uses and purposes therein mentlOned, and on oath stated that he was authonzed to execute said mstrument and that the seal affixed 1S the corporate seal of smd corporatlOn. Page I of2 j' JIJlJ I11I III I(JIIJJI 3332092 P Cige 1 of 2 St '19.' 28S1 S9 42A Thurston Co. WA GIven und~,~}~X}li);lHt!~~~ seal thIS ~ day of J.J ~ ' 20-'dl ,;I_~i' ;"' ~\ ~ ~(~[),~ Notary Pubhc m and for the~ Washmgton, resIdmg at P... My COllUllISSlOn expIres.~J ~3; ~();). r, l. '\ '; ! \ r \ ' 0) <> .:{ ~ :;::; o. N g 2:: l ~ PUC;JC .. ...q/~', (" L r ~~' '~" ';""-"":/;"'1"" ,;:":\",:;ss'-" System accepted by the' CIty"o'f Y elm thIS _ day of ,20_ CITY OF YELM .~~ Page 2 of2 E:\office\sdh\word\3939BOS sew yelm.doc 1111111111111111111111 CITY OF \'Wl MISe $8 SS 3332092 PCige 2 of 2 S1. '1S,' 2SS1 S9 42A Thurston Co' WA WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS That WHEREAS HARR F AMIL Y HOMES, INC., (heremafter referred to as the "Owner"), has applIed to the CIty ofYelm, a polItlcal subdlvlslOn of Thurston County of the State ofWashmgton, (hereinafter referred to as the "CIty") for the approval by the CIty of a certam plat of a subdlvlslOn to be known as NISQUALLY ESTATES, a copy ofwhlCh plat is attached hereto and made a part hereof as "ExhibIt A", on whIch sald plat are shown areas offered by the Owner to be dedIcated to publIc use as streets, alleys and other nghts of way, and other publIc facilItles and Improvements, and WHEREAS, It IS necessary m the mterest of publIc welfare that the areas so offered to be dedIcated be constructed m accordance WIth the speClficatlOns heremafter set forth, and WHEREAS, m accordance WIth the terms ofRCW 58 17 and TItle 16 of the Ye1m Mumcipa1 Code, the CIty has adopted subdlVislOn regu1atlOns whIch reqmre that all Improvements be constructed m a manner conSIstent WIth the CIty'S development regu1atlOns, NOW THEREFORE, to induce the CIty to approve sald plat and to accept the dedlcatlOn of saId areas as publIc streets, easements and other nnprovements, the Owner does hereby uncondltlonally promIse and agree to and WIth the CIty as follows The Owner uncondltlonally warrants to the City, ItS successors and aSSIgns that, for a penod oftwleve (12) months from the date of final plat approval, the improvements reqmred to be constructed and dedIcated to the publIc under the terms of the plat will be free from defects and that the work will conform WIth the reqUIrements and specIficatlons of the Development GUIde1mes of the CIty Upon any breach of the foregomg Warranty and WIthout lImltmg the CIty'S remedIes for breach of warranty, the Owner agrees to promptly repalr or replace any defectlve work, at no cost to the CIty, and to proVIde all labor, eqmpment and matena1s necessary therefore, at not cost to the CIty 2 In the event the Owner shall fail or neglect to fulfill hIS oblIgatlOns under thIS agreement, the CIty shall have the nght to construct or cause to be constructed, reparred or replaced pursuant to publIc advertIsement and receIpt and acceptance of bIds, said streets, utilities and other Improvements, as shown on Said plat, and the Owner shall be lIable to pay to and mdemmfy the CIty, upon completlOn of such constructlOn, the final total cost to the CIty thereof, inc1udmg but not hmlted to, engmeering, legal and contingent costs together WIth any damages, eIther dIrect or consequentla1, whIch the City may sustain on account of the failure of the Owner to carry out and execute all of the prOVISIons of thIS agreement. 3 The obhgations imposed or Implied by thIS agreement shall not be assIgned, transferred or assumed by any person or entlty that IS not a party to thIS agreement WIthout pnor wntten consent of the City Page 1 of2 11111I 1111111111111111 CITY OF \'ELM AGR ~ sa 3332093 PCige 1 cd' 2 S1. '19, '2SS1 S9 42A Thurst cln Co.' WA IN lITNESS WHEREOF, THE OWNER has executed thIS agreement thIS ~ day of _ 'f11/n. b J , 2000 HARR FAMILY HOMES, INC. By. <<uk Q IV cuvJ CITY OF YELM ~ ~--C:~V's.~ Page 2 of2 E. \ot1ice\sdh \ word\3 93 9warragmt yelm.doc 11111I11111111111111111 C ITV OF \'ELM AGR $9 SS 3332093 P Cige 2 of 2 S1.'19; '2SS1 S9 42A Thw'ston Co' WA RETURN ADDRESS Please print neatly or type information Document Title(s) ?I CC+ e-U-t,'~'(CLJ-V Reference Numbers(s) of related documents Additional Reference # s on page _ Grantor(s) (Last, First and Middle Initial) ~ l\ sctJL{.C{J~ f-s+aJ-.e S -tk 1- Pha~ 2- Additional grantors on page_ Grantee ( S) (Last, First and Middle Initial) 'J) [;G011- G Additional grantees on page _ Legal Description (abbreviated form. i.e. lot, block, plat or section, township, range, quarter/quarter) N yV f\) 6- ~S~ lJ- \ ~ pmz- A ~ C1g6J-03\fL Additional legal is on page _ Assessor's Property Tax ParceVAccount Number Additional parcel # s on page _ The AuditorlRecorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 111111111111111111I111 C IT',' OF \'ELM PC $13 as 3332088 P Cige 1 of 6 S1.'19,'2SS1 S9 ::~A Thurston Co' WA /V/Spt/AL/'Y 6'5(',/)1'/;8' lJIV,2- P/-iJ!ls(; Z-- AFTER RECORDING MAIL TO: NAME ADDRESS CITY/STATE FIRST AMERICAN TITLE INSURANCE COMPANY POBOX 1136,510 PLUM STREET SE, SUITE 200 OLYMPIA, WASHINGTON 98507 (360)943-9350 SUBDIVISION GUARANTEE ORDER NO. 78826-1 LIABILITY $ 1,000.00 FEE: $ 2 0 0 . 00 TAX: $ 16 00 FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES HARR FAMILY HOMES HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A LIABILITY EXCLUSIONS AND LIMITATIONS 1 NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN 2 THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. J\ JIJL' II' I I 1111 It" UI JJI 3332088 p Cige 2 of 6 S1. '19, '2SS1 ~9 37A Thw'st on eel, WA SUBDIVISION GUARANTEE ORDER NO.: 78826-1 PAGE NO.: TWO 3 THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58.17, R.C.W , AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: A. TITLE IS VESTED IN HARR FAMILY HOMES, INC., A WASHINGTON CORPORATION B. TIIAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE: 1 UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF 2 WATER RIGHTS, CLAIMS OR TITLE TO WATER. 3. TAX DEEDS TO THE STATE OF WASHINGTON. 4. DOCUMENTS PERTAINING TO MINERAL ESTATES. DESCRIPTION: PARCEL A OF BOUNDARY LINE ADJUSTMENT NO. BLA98-8203YL, AS RECORDED JANUARY 13, 1999 UNDER AUDITOR'S FILE NOS. 3203716 AND 3203725; EXCEPTING THEREFROM THAT PORTION KNOWN AS NISQUALLY ESTATES, DIVISION 2, PHASE I, AS RECORDED JANUARY 22, 1999 UNDER AUDITOR'S FILE NOS. 3206025 IN THURSTON COUNTY, WASHINGTON. THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. LOT(S) A, BLA98-8203YL 11111111111111111111 II CrT\" OF \'Wl PC $13 SS 3332088 PCige 3 of 6 S1. '19, '2SS1 S9 3:'A ThLlt'ston Co' WA ORDER NO.: 78826-1 PAGE NO.: THREE RECORD MATTERS: 1 GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30, 2000. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31, 2000. YEAR: AMOUNT AMOUNT AMOUNT 2000 BILLED PAID: DUE: $1,905.61 $ 952 81 $ 952.80, PLUS IF DELINQUENT 21725111303 INTEREST AND PENALTY, TAX ACCOUNT NO TCA NO.: 170 2 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: YELM COMMUNITY SCHOOLS DISTRICT NO 2 AND: MARK CARPENTER DATED: AUGUST 8, 1995 RECORDED AUGUST 21, 1995 RECORDING NO 9508210126 PURPOSE MITIGATION, IMPOSING FEES OF $650.00 PER LOT, DUE UPON ISSUANCE OF BUILDING PERMIT AFFECTS: THIS AND OTHER PROPERTY 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: BARR FAMILY HOMES, INC., A WASHINGTON CORPORATION TRUSTEE THURSTON COUNTY TITLE COMPANY BENEFICIARY: STEADMAN LIMITED PARTNERSHIP NUMBER 1993, A WASHINGTON LIMITED PARTNERSHIP ORIGINAL AMOUNT: $360,000 00 DATED: NOVEMBER 17, 1997 RECORDED DECEMBER 2, 1997 RECORDING NO: 3122604 AFFECTS: A PORTION OF THIS AND OTHER PROPERTY 4 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HARR FAMILY HOMES, INC A WASHINGTON CORPORATION TRUSTEE COMMONWEALTH LAND TITLE COMPANY BENEFICIARY: CASCADE BANK ORIGINAL AMOUNT: $1,250,000 00 DATED: NOVEMBER 18, 1997 RECORDED: DECEMBER 2, 1997 RECORDING NO.: 3122731 AFFECTS: THIS AND OTHER PROPERTY 111111111 II 1111111 CITY OF YELM PC II11 c 3332088 PCige 4 cd' 6 S1. '19, '2SS1 S9 3~A $13 S& ThUt'st on Co' ~jA ORDER NO : 78826-1 PAGE NO : FOUR EXCEPTIONS CONTINUED 5. LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CITY OF YELM, A MUNICIPAL CORPORATION AND HARR FAMILY HOMES DATED: JANUARY 13, 1999 RECORDED: FEBRUARY 23, 1999 RECORDING NO.: 3212775 PURPOSE WATER 6. LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CITY OF YELM, A MUNICIPAL CORPORATION AND HARR FAMILY HOMES DATED: JANUARY 13, 1999 RECORDED: FEBRUARY 23, 1999 RECORDING NO.: 3212776 PURPOSE: SEWER 7. PROTECTIVE COVENANTS AND/OR EASEMENTS BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604 (c) : DATED: NOVEMBER 12, 1998 RECORDED JANUARY 22, 1999 RECORDING NO: 3206026 8 ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY TO FURTHER ASSESSMENTS OR CHARGES, FOR WHICH A LIEN MAY HAVE ARISEN (OR MAY ARISE) AS IMPOSED BY NISQUALLY ESTATES HOMEOWNERS ASSOCIATION, ALL AS PROVIDED FOR IN INSTRUMENT REFERRED TO IN PARAGRAPH 7 ABOVE 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: HARR FAMILY HOMES, INC , ITS HEIRS, SUCCESSORS, OR ASSIGNS AND CITY OF YELM DATED: JANUARY 14, 1999 RECORDED: JANUARY 22, 1999 RECORDING NO.: 3206027 PURPOSE: MAINTENANCE OF STORMWATER FACILITIES AND IMPLEMENTATION OF A POLLUTION SOURCE CONTROL PLAN 111111 11111111111//1111 1111111/1111111 '/" 1111111 CITY OF YELM PC $13 SS 3332088 P Cige 5 of 6 81. '19, '2881 89 ]"'A Thw'st on Co' WA ORDER NO.: 78826-1 PAGE NO.: FIVE EXCEPTIONS CONTINUED 10 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 21, 1964 RECORDING NO.: 697559 FOR: A PIPE LINE FOR THE TRANSPORTATION OF OIL AND GAS AFFECTS: THIS AND OTHER PROPERTY AMENDMENT THERETO RECORDED UNDER ADD I TOR'S FILE NO. 3185930. 11. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL RECORDED JANUARY 13, 1999 RECORDING NO. 3203716; 3203725 SAID INSTRUMENT CONTAINS PROVISIONS FOR MAINTENANCE OF PRIVATE ROADWAYS 12. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE PROPERTY HEREIN DESCRIBED AS GRANTED BY DEED RECORDED UNDER RECORDING NO 3203716. 13 TERMS, CONDITIONS AND EASEMENTS DELINEATED ON THE FACE OF SAID BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL MAP, AS RECORDED UNDER AUDITOR'S FILE NO 3203725. A COPY OF SAID MAP IS HERETO ATTACHED. NOTE: EFFECTIVE JANUARY 1, 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 1995 STATE LEGISLATURE FAILURE TO COMPLY MAY RESULT IN A REJECTION BY THE COUNTY AUDITOR TO RECORD THE DOCUMENT EFFECTIVE DATE OCTOBER 2, 2000, AT 8:00 A.M 11111111111111111111 II C IT\' OF \"EL~1 PC $1::: SS 3332088 P Cige 8 of 8 S1.'19, '2SS1 S9 3~A Thw'st on Co' WA RETURN ADDRESS Please print neatly or type information Document Title(s) _-P \ uct.. C-utl~' (Clt0 Reference Numbers(s) of related documents Additional Reference # s on page _ Gran tor( S) (Last, First and Middle Initial) w i~,tltl~ fstzd--e~ ~ I PhR ~ 2- Additional grantors on page_ Grantee(s) (Last, First and Middle Initial) VlMa1I" ~ Additional grantees on page _ Legal Description (abbreviated form. i.e. lot, block, plat or section, township, range, quarter/quarter) NW Nt; '}s-1/--IE: fct% 6 6LA QV'l2{)3i.{L Additional legal is on page _ Assessor's Property Tax ParceVAccount Number Additional parcel #'s on page_ The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 11111I1111111111111111 CITY OF \'ELM PC $13 ~S 3332086 P Cige 1 of 8 S1. '19.'2SS1 S9 J3A Thurst.on Co' WA AFTER RECORDING MAIL TO: /v/iCYU,lJLq j)IV, I PHASGJI &5 T "erGS NAME ADDRESS CITY/STATE FIRST AMERICAN TITLE INSURANCE COMPANY POBOX 1136, 510 PLUM STREET SE, SUITE 200 OLYMPIA, WASHINGTON 98507 (360)943-9350 SUBDIVISION GUARANTEE ORDER NO: 78827-1 LIABILITY: $ 1,000.00 FEE: $ 2 0 0 . 00 TAX: $ 16 00 FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES HARR FAMILY HOMES HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A LIABILITY EXCLUSIONS AND LIMITATIONS 1. NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE II ""1111111111 "'111 CrT\" OF YELM PC $13 SS 3332086 PCige 2 of 6 S1. '1~, '2SS1 S9 33A Thw'ston Co' ~~A SUBDIVISION GUARANTEE ORDER NO.: 78827-1 PAGE NO.: TWO 3. THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58 17, R.C W., AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: A TITLE IS VESTED IN HARR FAMILY HOMES, INC , A WASHINGTON CORPORATION B. THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE: 1. UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF 2 WATER RIGHTS, CLAIMS OR TITLE TO WATER 3 TAX DEEDS TO THE STATE OF WASHINGTON. 4 DOCUMENTS PERTAINING TO MINERAL ESTATES. DESCRIPTION: PARCEL B OF BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL, AS RECORDED JANUARY 13, 1999 UNDER AUDITOR'S FILE NO 3203716, EXCEPTING THEREFROM THAT PORTION KNOWN AS NISQUALLY ESTATES, DIVISION I, PHASE I, AS RECORDED JANUARY 22, 1999 UNDER AUDITOR'S FILE NO. 3206024 IN THURSTON COUNTY, WASHINGTON THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. LOT(S) B, BLA98-8203YL 1111111111111I11111I II CITY OF YELM PC $13 SS 3332086 PCige 3 of S Sl/19, '2SS1 S9 33A Thurston Co' I~A ORDER NO : 78827-1 PAGE NO THREE RECORD MATTERS: 1 GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30, 2000 THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31, 2000 YEAR: AMOUNT AMOUNT AMOUNT $680 14 $340 08 $340.06, PLUS INTEREST IF DELINQUENT TAX ACCOUNT NO.: 21725111302 2000 BILLED: PAID: DUE: AND PENALTY, TCA NO.: 170 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: YELM COMMUNITY SCHOOLS DISTRICT NO. 2 AND: PAUL STEADMAN DATED JUNE 19, 1995 RECORDED: JUNE 21, 1995 RECORDING NO: 9506210116 PURPOSE: MITIGATION, IMPOSING FEES OF $650.00 PER LOT, DUE UPON ISSUANCE OF BUILDING PERMIT AFFECTS: THIS AND OTHER PROPERTY 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HARR FAMILY HOMES, INC., A WASHINGTON CORPORATION TRUSTEE: THURSTON COUNTY TITLE COMPANY BENEFICIARY STEADMAN LIMITED PARTNERSHIP NUMBER 1993, A WASHINGTON LIMITED PARTNERSHIP ORIGINAL AMOUNT: $360,000.00 DATED: NOVEMBER 17, 1997 RECORDED: DECEMBER 2, 1997 RECORDING NO.: 3122604 AFFECTS: A PORTION OF THIS AND OTHER PROPERTY 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HARR FAMILY HOMES, INC. A WASHINGTON CORPORATION TRUSTEE COMMONWEALTH LAND TITLE COMPANY BENEFICIARY: CASCADE BANK ORIGINAL AMOUNT: $1,250,000 00 DATED: NOVEMBER 18, 1997 RECORDED DECEMBER 2, 1997 RECORDING NO 3122731 AFFECTS THIS AND OTHER PROPERTY 5 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR HARR FAMILY HOMES, INC., A WASHINGTON CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY 1111111111111I11111111 C IT\' OF YELM PC $13 SS 3332086 PCige 4 elf 6 al, '19, 2SS1 S9 3JA Thurston Co' WA ORDER NO.: 78827-1 PAGE NO.: FOUR EXCEPTIONS CONTINUED BENEFICIARY: COLUMBIA STATE BANK ORIGINAL AMOUNT: $700,000.00 DATED: OCTOBER 26, 1999 RECORDED: NOVEMBER 9, 1999 RECORDING NO.: 3264667 SAID MORTGAGE/DEED OF TRUST WAS MODIFIED BY AGREEMENT(S) : DATED MARCH 15, 2000 RECORDED: MARCH 17, 2000 RECORDING NO 3284075 6 LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CITY OF YELM, A MUNICIPAL CORPORATION AND: HARR FAMILY HOMES DATED: JANUARY 13, 1999 RECORDED: FEBRUARY 23, 1999 RECORDING NO: 3212775 PURPOSE: WATER 7. LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CITY OF YELM, A MUNICIPAL CORPORATION AND: HARR FAMILY HOMES DATED: JANUARY 13, 1999 RECORDED: FEBRUARY 23, 1999 RECORDING NO.: 3212776 PURPOSE: SEWER 8 PROTECTIVE COVENANTS AND/OR EASEMENTS BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(c): DATED NOVEMBER 12, 1998 RECORDED: JANUARY 22, 1999 RECORDING NO: 3206026 9 ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY TO FURTHER ASSESSMENTS OR CHARGES, FOR WHICH A LIEN MAY HAVE ARISEN (OR MAY ARISE) AS IMPOSED BY NISQUALLY ESTATES HOMEOWNERS ASSOCIATION; ALL AS PROVIDED FOR IN INSTRUMENT REFERRED TO IN PARAGRAPH 8 ABOVE ljllllJl~J~II 1111I11 II III"'IIII'~jll "1't'~1 ~JI 3332086 P Cige 5 of 6 & 1. ' 19.'2ilS 1 il9 33A Thurston Co' WA ORDER NO.: 78827-1 PAGE NO.: FIVE EXCEPTIONS CONTINUED 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN HARR FAMILY HOMES, INC , ITS HEIRS, SUCCESSORS, OR ASSIGNS AND: CITY OF YELM DATED: JANUARY 14, 1999 RECORDED: JANUARY 22, 1999 RECORDING NO.: 3206027 PURPOSE: MAINTENANCE OF STORMWATER FACILITIES AND IMPLEMENTATION OF A POLLUTION SOURCE CONTROL PLAN 11 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED: MAY 21, 1964 RECORDING NO.: 697559 FOR: A PIPE LINE FOR THE TRANSPORTATION OF OIL AND GAS AFFECTS THIS AND OTHER PROPERTY AMENDMENT THERETO RECORDED UNDER AUDITOR'S FILE NO. 3185930 12 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL RECORDED JANUARY 13, 1999 RECORDING NO. 3203716, 3203725 SAID INSTRUMENT CONTAINS PROVISIONS FOR MAINTENANCE OF PRIVATE ROADWAYS 13. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE PROPERTY HEREIN DESCRIBED AS GRANTED BY DEED RECORDED UNDER RECORDING NO. 3203716. 14. TERMS, CONDITIONS AND EASEMENTS DELINEATED ON THE FACE OF SAID BOUNDARY LINE ADJUSTMENT NO. BLA98-8203YL MAP, AS RECORDED UNDER AUDITOR'S FILE NO 3203725. A COPY OF SAID MAP IS HERETO ATTACHED. NOTE: EFFECTIVE JANUARY 1, 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 1995 STATE LEGISLATURE FAILURE TO COMPLY MAY RESULT IN A REJECTION BY THE COUNTY AUDITOR TO RECORD THE DOCUMENT. EFFECTIVE DATE: SEPTEMBER 29, 2000, AT 8:00 A.M. 1111111111111I11111111 ::~~,~~~ots 33A CITY OF YELM PC $13 SS Thw'st on Co' WA CITY Of YI:LIVI DEFERRED DOCUMENT RECORDING COVER SHEET DATE: //;gjo I I ( Name: C~ (Jr!~ Signature: ~t.V ~ Department: Cofl1lnf In (-Ie, ?).u, , J Phone: 4.c;YJ ----840 p~ **PlEASE LIMIT BATCHES TO 20 DOCUMENTS** BATCH / OF I (Include a seperate cover sheet for each batch I ..... .......:.. I ::::[:~t:::::::[:[: :::i:i:::sI:::::::):::):'i "2/7,1 ~__" /1-( (L _/ Cpo ,.'''' ,r ~ .... . ,..... ".. __/01__ ~I.- "r)17 ( ~If--r ) l Ll J{' ~ / ::::::::[~~::!:.:::::::;::: '-1----- '- ___.-- :::[::::'$1:.:'.:'::::.:::: "BL iL-.r>J1--d~~ - /J ..,Jat-.fl f '::::::::';:~:.::::.:.:..!.j; J ~. [::[.::[~~::::.:.::[.[:!, .... 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':20~ $ $ TOTAL: $ I {FOR AUDITOR'S USE ONL VI RECORDING: $ SURCHARGE #1: $ SURCHARGE #2: $ City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 Date January 3 2001 To Mayor Wolf and City Council Members From Cathie Carlson, City Planner Re Final Plat for Nisqually Estates, Phase II Division I & II, SUB-00-8267-YL Staff Recommendation Staff recommends the City Council approve the final plat for Nisqually Estates, Phase II, Division I & II SUB-OO-8267.YL. Background The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project on October 25, 1995 There were two original preliminary plat applications for the project. Nisqually Estates I and II with two separate property owners/applicants Each project received preliminary approval for 60 lots Both projects, Phase I and II were purchased and developed by Harr Family Homes planning Commission Action The Planning Commission as required reviewed the final plat for compliance with the conditions of approval placed on the preliminary plat. At their December 18, 2000 meeting the Planning Commission reviewed the finai plat and is satisfied that all conditions have been meet. The Planning Commission unanimously voted to forward the final plat to the City Council for review and approval Conditions of Approval The developer has made a slight modification to the internal Phasing lines, therefore the conditions of approval are a mixture of the two original preliminary plat approvals The conditions of approval have been satisfied by the applicant. Applicant: Harr Family Homes Proposal 58 - Lot. Final Plat Approval for Nisqually Estates Division 1 & 2, Phase 2 Location West side of Hwy 507 south of the golf course OriQinal Conditions of Approval The applicant shall contnbute financially to the Five-Corners intersection improvement and/or the Y-2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan Contnbution IS based on the number of automobile trips generated by this site during the PM peak hour Total PM Peak hour trips proposed to travel through the Five-Corners intersection are 19 5 trips at $300 00 per trip = $5,850 00 The 19 5 trips reflect one-half of the cumulative Impact from Nisqually Estates Divisions i and II to the 5-corners intersection The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Locallmprovernent District (LID or Latecomer's Agreement.) Paid in full -~ 2 The applicant shall be responsible for site frontage improvements to SR 507 conforming to a modified urban arterial standard The modified urban arterial from the centerline will included a 6' left turn lane section, a 12' traffic lane and a 17' stormwater treatment swale In addition a 10' utility easement will be provided The site frontage improvements may include a transit stop and shelter The location of the transit stop will be determined at the time of improvements and will consider other applicable developments in the area These improvements shall be deferred until other adjacent properties develop, so a single project can be implemented to avoid piece-meal construction The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement. ) Completed 3 The applicant shall construct a right-turn lane, per Yelm Development Guidelines, for the north entrance Prior to design and construction of a right-turn lane the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation Completed. 4 The applicant shall construct a right-turn taper, per Yelm Development Guidelines, for the south entrance Prior to design and construction of a right-turn taper the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation Completed 5 A wetland area has been identified on the subject property and has been delineated by a professional wetland biologist using the Federal Manual for Identifving and Delineating Jurisdictional Wetlands (1989) The wetland has been classified using the Washington State Department of Ecology Wetland Rating System for Western Washington (1993) The wetland boundaries and classification have been confirmed in the field by City of Yelm staff The wetland boundaries have been surveyed by a licensed surveyor in the State of Washington The wetland in the northeast area of the site has been rated as a Category III wetland Pursuant to City of Yelm Ordinance 426, Interim Yelm Critical Areas Resource Lands, the buffer for a Category III wetland shall be 50 feet. Completed. 6 The developer agrees to mitigate impacts to the Yelm School District pursuant to Mitigation Agreement, file ffl5082210116 recorded in Volume 2419, Page 38 The developer has agreed to pay the School District $650 00 for each single family dwelling unit. Completed 7 The applicant shall submit a Homeowners Agreement for the approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tracts G through I and Tract N and authorize the homeowners association to assess and collect fees for the maintenance of the stormwater facilities and pedestrian easements The Homeowners agreement shall be referenced on the face of the plat and recorded With the final plat. Completed. 8 Open Space, Tracts J and K, shall be dedicated to Thurston County Parks Department. Completed. 9 A pedestrian easement shall be dedicated between lots 111 and 112 The pedestrian easement shall be six feet wide, signed, graveled and fenced along lot 1 and 2's property line The fence shall be six feet in height, of solid material and setback twenty feet from the public right-of-way The homeowners association shall be responsible for the maintenance of the pedestrian easements The applicant has modified the original plat. In place of a 15' pedestrian easement between lots 111 and 112 a park has been provided. The park is adjacent to a pedestrian easement on the south to allow pedestrian travel within the plat. 10 Prior to final plat approval the applicant will execute a Boundary Line Adjustment with the adjacent property owner of Nisqually Estates Div I, parcel tt21725111300, to reflect the property lines as shown on the preliminary plat drawing Completed 11 The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to final plat approval Completed. 12 WSDOT will only accept surface water runoff equal in quality and quantity to that of the predeveloped site Any additional surface water runoff generated, impacting State property, will require appropriate stormwater mitigation in accordance with the Department of Ecology's Stormwater Management Manual Completed. 13 Final drainage report, calculations and design must meet the standards of the Yelm Drainage and Erosion Control Plan Completed. 14 The applicant shall secure from Thurston County, a Basic Trail Permit for ingress, egress and utilities across the Thurston County Yelm-Tenino Rail-Trail prior to final plat approval Completed. 15 The existing on-site sewage systems located on-site shall be abandoned per Article IV, Rules and Regulations of the Thurston County Board of Health Governing Disposal of sewage Completed. 16 The existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review Completed. 17 Water rights for the abandoned wells shall be dedicated to the City of Yelm Completed. 18 Thurston County Health Department fees shall be paid prior to final plat approval Completed. 19 The project applicant shall design, per Yelm Development Guidelines, and extend the current Step Sewer line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div II project. The City has committed 30 ERU's to the applicant for the proposed project. The final plat map shall show the sewerage phasing plan Completed. 20 The project applicant shall design, per Yelm Development Guidelines, and extend the current water line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div II project. Completed 22. The applicant shall develop the Yelm-Tenino Trail corridor along their property frontage The improvements shall consist of a 10 foot paved surface in the center of the 17 foot trail corridor Improvements shall meet Thurston County Rural Trail Completed. HATTON GODAT PANTIER 2708 Westmoor Court SW Olympia, W A 98502 Phone: (360) 943-1599 - Fax (360) 357-6299 TRANSMITTAL LETTER TO' CathIe Carlson DATE. 12/14/00 Nisqually Company' City of Yelm RE Estates Phase II Address POBox 479 AGENCY NO' City, ST Zip Yelm, WA 98597 HGP JOB #. H3939 We are sending you o Prints o Mylars o Specifications ~ Other 1 AppendIx F # PLAN DESCRIPTION Engmeer's Const. COPIES DATE InspectIOn Report Form Items transmitted for' ~ Approval/Submittal o Your use o Review and comment o As requested o Other Remarks: If you have any questIOns please contact our office Thank you Signed Dan Biles by bw Copy to Harr Family Homes, Attn Dave File H3939 Transmitted via .. Regular mail o Overnight o Courier o HGP delivery o Client pickup Document10 APPENDIX F ENGINEER'S CONSTRUCTION INSPECTION REPORT FORM ProJect Name Nisqually Estates Phase II ProJect Number HGP 3939 LocatIon (address, or other) Highway 507, TP# 21725111301 & 21725111300 Pond InformatIOn. 1 Type Infiltration Pond 2 (a) After pond constructIOn, have mfiltratIOn tests and/or soIl logs been completed? Soil Logs were completed 2(b) IndIcate test results and compare wIth desIgn cntena (pre-constructIOn sOlis mformatIOn) Do the post-constructIOn values mdIcate a need to modIfY system desIgn? Explam. The soil matched the design criteria 3 Outlet Type N/A FIlter 011 Water Separator, Smgle Onfice 011 Water Separator, MultIple Onfice Slot V -notch Other PageF -1 E. \officeV 0 BS\Hp3000\3 93 9\3 93 9 APPEN DlXF .doc 4 Outlet works at correct elevatIOn(s), filter fabnc mstalled properly (if needed), etc There are on outlet works. 5 SpIllway at correct elevatIOn, slope, adequately armored, etc As shown on the plans Conveyances 1 Channels properly graded, sloped, planted, etc Per the as-built plans 2 Sewers at proper grade, mlets as desIgned, trenches as desIgned, pIpe beddmg properly prepared, backfillmg procedures correct, matenals as speCIfied, etc TheinstaUed facilities meet the original design criteria. Roof Leaders 1 Do roof leaders dram to mfiltratIOn trenches or as shown on the approved plans. Yes EroSIOn Control. EroSIOn facIlItIes III place at the speCIfied tIme relatIve to other constructIOn. Yes 2 ConstructIOn entrance pad as speCIfied. Yes Page F - 2 E: \om ce\J OBS\Hp3000\3 93 9\3 93 9 APPENDlXF .doc 3 DId facilItIes keep sedIment, mud etc , out of water bodIes, wetlands, and from crossmg the property boundary Yes 4 Are permanent eroSIOn control measures m place and as deSIgned. Yes SIgnature and Seal. I, or someone under my dIrect supervISIOn, has adequately mspected the proJect dunng constructIOn and to the best of my knowledge the proJect was bUilt accordmg to the approved plans and speCIficatIOns except as noted above "i.f""." .....-.-'.., '''f' ----~ _~.xG__~] ..,..,'IM! ? 0/ J __...._._~~',:t:""'''''''=*ll(lrr'l SIgnature and Date 0~ l~itJV Page F - 3 E. \officeV 0 BS\Hp3000\3 93 9\3 93 9 APPEND IXF .doc FAX NO. 13603576299 p, 02 PAGE fJ2 ...... \ ......1 rc..~f"\ City of Yelm ~.J 1. l--A .,. /05 fclm Avenue West POBox 479 Y,lm. Washington 98597 (360) 458.3244 Date December 12 2000 To' Pl~nM'g Commission From Cathie Carlson, City Planner Re Final Plat for NiSQually Estates. Phase II, Dlvtsion I & II B~~rou"d The Yelm City Council approved. with conditions, a preliminary plat fO( the above referenced project on October 25 1995 There were two original preliminary plat sppliC3tion$ for the proJect. Nis~LJ3l1y E6tates I and II with t\No separate property owners/applicants E.ach project received ~reliminary approval for 60 lots each. Both projects, Division I and II were ,Purchased and developed by Harr Family Homes. planlJing CommJssiol'l Actioll The PlannIng Commission is reqUired to review the Final Plat for compliance with the conditions of approval placed on the preliminary pl&t After the Planning Commission has reviewed the final plat and IS satisfied that all conditions have been meet the Planning Commission shall (oN/ard the ~Iat to the City Council for reView and approval Conditions of Aporoyal The developer has made a slight modification to the intemal PhasIng lines, therefore the conditions of approval are a mixture of the two onginel preliminary plat approvals The conditions of .approval have been satisfied by the applicant with the exceptiol"\ of the Items on the Public Works Puncn list and Condition of Approval No 1 Applicant. Harr Family Homeo ~roposal 58 - Lot. Final Plat Approval for Nisqually Estates DiviSion 1 & 2. Phase 2 Location West Side of Hwy 507 south of the golf course Public Works D~epartmQnt Pu['\~h lu~t 1 To elimmate Sidewall< tnp hazar<;i the planter strips shall be back filled level with the sidewalk at 3 mmtrTlum width of one foot. Sack fill shalt be pl~c.ed on both sides of the sidawalk. e The applicant shall provide the Public WOrks Depar1rnenl wIth an Eliginee(l) Inspection Report and certification letter for the storm drainage system The final plat map shall show the drainage easement (rom Tract D and I running betv.teen Lots 37 and 38 C~mdltions of Approval I . The applicant shall CQn\ribule fiJ"lanClally to li',,,J 1= "e-Corners intersection Improvement and/or the '<l Y-2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan Contribution is based on the number of automobile trips generated by this site during the PM peak hour Total PM Peak hour trips proposed to travel through the Five-Corners intersection are 19 5 trips at $300 00 per trip = $5,850 00 The 19 5 trips reflect one-half of the cumulative impact from Nisqually Estates Divisions I and II to the 5-corners intersection The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) No payment received for Division 1 & 2, Phase 2. The applicant shall pay $5,850 00 prior to January 3, 2001 for the project to be considered by the City Council on January 12, 2001 2. The applicant shall be responsible for site frontage improvements to SR 507 conforming to a modified urban arterial standard The modified urban arterial from the centerline will included a 6' left turn lane section, a 12' traffic lane and a 17' stormwater treatment swale In addition a 10' utility easement will be provided The site frontage improvements may include a transit stop and shelter The location of the transit stop will be determined at the time of improvements and will consider other applicable developments in the area These improvements shall be deferred until other adjacent properties develop, so a single project can be implemented to avoid piece-meal construction. The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement. ) Completed. 3 The applicant shall construct a right-turn lane, per Yelm Development Guidelines, for the north entrance Prior to design and construction of a right-turn lane the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation Completed. 4 The applicant shall construct a right-turn taper, per Yelm Development Guidelines, for the south entrance Prior to design and construction of a right-turn taper the applicant is required to execute a "Developers Agreement" with the Washington State Department of Transportation Completed. 5 A wetland area has been identified on the subject property and has been delineated by a professional wetland biologist using the Federal Manual for Identifying and Delineatinq Jurisdictional Wetlands (1989) The wetland has been classified using the Washington State Department of Ecology Wetland Rating System for Western Washinqton (1993 ) The wetland boundaries and classification have been confirmed in the field by City of Yelm staff The wetland boundaries have been surveyed by a licensed surveyor in the State of Washington The wetland in the northeast area of the site has been rated as a Category III wetland Pursuant to City of Yelm Ordinance 426, Interim Yelm Critical Areas Resource Lands, the buffer for a Category III wetland shall be 50 feet. Completed 6 The developer agrees to mitigate impacts to the Yelm School Distnct pursuant to Mitigation " Agreement, file 1fl508221 0116 recorded in Volume 2419, Page 38 The developer has agreed to pay the School District $650 00 for each single family dwelling unit. Completed. 7 The applicant shall submit a Homeowners Agreement for the approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tracts G through I and Tract N and authorize the homeowners association to assess and collect fees for the maintenance of the stormwater facilities and pedestrian easements The Homeowners agreement shall be referenced on the face of the plat and recorded with the final plat. Completed. 8 Open Space, Tracts J and K, shall be dedicated to Thurston County Parks Department. Completed. 9 A pedestrian easement shall be dedicated between lots 111 and 112. The pedestrian easement shall be six feet wide, signed, graveled and fenced along lot 1 and 2's property line The fence shall be six feet in height, of solid material and setback twenty feet from the public right-of-way The homeowners association shall be responsible for the maintenance of the pedestrian easements. The applicant has modified the original plat. In place of a 15' pedestrian easement between lots 111 and 112 a park has been provided. The park is adjacent to a pedestrian easement on the south to allow pedestrian travel within the plat. 10 Prior to final plat approval the applicant will execute a Boundary Line Adjustment with the adjacent property owner of Nisqually Estates Div I, parcel ~1725111300, to reflect the property lines as shown on the preliminary plat drawing Completed 11 The applicant shall secure a Highway Access Permit from the Washington State Department of Transportation (WSDOT) prior to final plat approval Completed 12. WSDOT will only accept surface water runoff equal in quality and quantity to that of the predeveloped site Any additional surface water runoff generated. impacting State property, will require appropriate stormwater mitigation in accordance with the Department of Ecology's Stormwater Management Manual Completed 13 Final drainage report, calculations and design must meet the standards of the Yelm Drainage and Erosion Control Plan Completed t> 14 The applicant shall secure from Thurston County, a Basic Trail Permit for ingress, egress and utilities across the Thurston County Yelm-Tenino Rail-Trail prior to final plat approval Completed. 15 The existing on-site sewage systems located on-site shall be abandoned per Article IV, Rules and Regulations of the Thurston County Board of Health Governing Disposal of sewage Completed. 16 The existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review Completed. 17 Water rights for the abandoned wells shall be dedicated to the City of Yelm Completed. 18 Thurston County Health Department fees shall be paid prior to final plat approval Completed. 19 The project applicant shall design, per Yelm Development Guidelines, and extend the current Step Sewer line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div II project. The City has committed 30 ERU's to the applicant for the proposed project. The final plat map shall show the sewerage phasing plan. Completed. 20 The project applicant shall design, per Yelm Development Guidelines, and extend the current water line from Mill Road The developer may enter into a latecomer's agreement for future connections into the line installed for the Nisqually Estates Div II project. Completed. 22. The applicant shall develop the Yelm-Tenino Trail corridor along their property frontage The improvements shall consist of a 10 foot paved surface in the center of the 17 foot trail corridor Improvements shall meet Thurston County Rural Trail Completed. "" () , ~ SUMMARY OF HOW CONDITIONS OF FINAL PLAT WERE MET 1 Completed Phase 1-'" ;):/1 (f o(,ue--$l(;B5D~ /' Completed Phase I e/ Completed Phase I ~ Completed Phase I e~o action required S./'Completed Phase I (!j Completed Phase I ~ (!.Ml 'f fJr ~L { /7 !/t.U I ,e.,,,, ! Ie . S/Completed Phase I ~ompleted Phase I 1iD/Completed Phase I 1~ompleted Phase I ~/~ action required t-3~inal drainage and erosion control plan has been submitted and approved by the Yelm Public Works Department. ~mpleted Phase I / 1(5/Completed Phase I t6~ompleted Phase I 1(7~ot applicable (I.8~ompleted Phase I 19/Completed Phase I /. Gel Completed Phase I /' ~1 zcorresponding number in the preliminary plat approval letter 22 Completed Phase I b~Lfl/ I/W it rille ~ ~ c,(bV--:~J./ '2,./J.{iVdL f~ ~yfJ-, 1'(\)L u.JJf.vt/n CiA;/J) ~ .... 12/11/2000 14' 07 2535391500 J KNOWLES AND ASSOC PAGE 01 John Knowles & Assoclatea, Inc. P.O. Box 1328 Puyallup, WA 98371-0197 (263) ~39-1400 FAX 539-1500 jkacivil@nwrain.ccm December 11, .2000 Cathy Carlson and Tim Peterson City of Yelm Public Works p O. aox 479 Yelm, WA 98597 Re; Ntsqually Estates Division II, Phaee 2 - Final Plat Map Summary of Initial Review JKA Project #O006e Dear Cathy and Tim At your request. we have reviewed the following items associated with Division II, Phase 2, final plat documents. )> Lot closure calculations and road centerline calculations. ~inal Plat Map Sheets 1 through 3 of 3 We recommend that City staff review each of the 22 items contained in the Nqyember 6. 1995 preliminary plat approval letter from Cathy Carlson to Mark Carpenter This is to ensure that all -' conditions of plat approval have been completed; the applicant did provide a d$ummary of How Conditions of Final Plat Wr;r~ Mf;lf ~M$t / ~~ ~e recommend that llP~t certlficai@Jle submitted to the City (no older than 6Q days) to verify that , all parties with vested interest are listed on the dedication. This will also allow you to check for any easements or encumbrances that affect Division II, Phase 2. .' C) .? We fecall that a drainage easement from 10Slh AVe. s.e. to the adjacent Qffsjt~wetland was part of the overflow design for Tract 0 and Tract I. Final Plat Map Sheet 2 does not;show this easement; can you confirm that the eaSement was recorded for Division I, Pha'~e 2? The City should have received an El'Iginf1ltr'(l !O$f)ection Report and certification latter from the project engineer for the storm drainage system, unless the City has already inspected and accepted the storm system. ,. y CC&R's are referred to on Sheet 3 of 3 Staff should confirm that CC&R's or arlpther type of '1 document have been submitted and will be recorded that discuss the responsibility and " prooedures for private maintenance of the storm system. ~ should confirm that as-built drawings have been submitted for the Division II, Phase 2 portion of the public improvoments. Civil Engineering Project Management ConstrQ~OI1 Management ....., 12/11/2000 14 07 2535391500 b J KNOWLES AND ASSOC PAGE 02 Cathy Carlaon and 11m Peterson 12/11/2000 Page 2 ~ff should check to make sure the road monuments have been constructed and punched_ I have enclosed one copy of the blue-line set that you pro\flde<t If you hay. any questions, please call us at (253) 539-1400. Sincerely, JOHN KNOWLES & ASSOCIATES, INC. enc. (Map, lot closure C$1C:UlatioOJ. antI invoice) {1;.:\wlllWOfd\,Jl:;Kflles\Oooueo 11 P.IIt) -,., CF I~~ 0< THE p~~1 FAX TRANSMISSION CITYOFYELM PO BOX 479 - 105 YELM AVE W YELM YELM WA 98597 WA~'NC{o-}~t \1\ \'r\fP F':6~;::~~",.~~8 ( To: /)f/ve- /Ctf Date: III 11 D 0 Fax #: Z-~ 3 --539. /2 q 3 Pages: 3 ' including this cover sheet. From: (!fiJr1t-- &/~ Subject: COMMENTS (if1WliA1 Me ki/w....J CiJIfJ/11'uzis flOM 1t! ~5es5br, /lj'5<J filer-c.ls i11r:- .-r;1r~ I/Lrh1:,h~ -HrJ 1.t.f'rj5 -Iv -/? 0 lrucL I){ (6r 10 P ItUJ17il17 Cmmrs5! &-..- r~UiluJ, J;f {s ft!~ .:;;iJA11 G ~'J fir V IV L -1/ S; 850 ~ --f/Ih ~ o/L tpiM (/0 -?fliSkvry +tu- 10nfif oft II) -ID j ft~f'-. I txJ ()J I //fLg fA- ir.L / I OJL., lff/te/ .3;d~ 3 tic 6rde wvJ/L k -6 fc:w:hf iD fjfacie.- fo pf-U/ul- lfljtMi6 +0 U5lfS If '.file; ~Mcl. okp 011 f11e..- ** If you do not receIve all copies or any copy IS not legible, pleas.e call (360) 458-3244 as soon as possible ~'dG i/f f1t~ 6t{e..~t. ;/ ~ DEC-05-2000 TUE 10:24 AM THURSTON COUNTY ASSESSOR FAX NO. 360 7542958 p, 01/02 " PATRICIA COSTELLO Assessor THURSTON COUNTY .,-.-----..-..-.......-.:- ~1.N('1:. 1~~;1 OFFICE OF THE ASSESSOR MEMORANDUM Date DeccJ"nbcr 5, 2000 To City ofYelm Attention' Cathie Carlson From Susan Baca Subject NISQUALLY ESTATES DIV 1 PH 2 & DIV 2 PH 2 o I do not have comments about this project and approve it as submitted Signature _,. D My comments are as follows D Please put acreage or square feet on each lol. D SItus address needed, inclndmg CIty and ZIp code D Only FInal ProJects are revIewed. PrchmInary Proposal ]s premature, o Lot closure needed prior to recordmg. D Map is unacceptable. Standard, full-si.ze bluc1mc map requIred. !Xl Please infonn the apphcant that deed(s) wlll need to be recorded between parties for portlon(s) bemg convcyed D Parcels are under the Open Space/Forest Tax Program Prior to recordll1g, please have the applicant/owner contact a Customer SerVIce ^ppraIscr 111 the Assessor's Office at (360) 786-5410 o Please mform the applIcant that taxes mw:;t be current There are delmquent taxes on Parcel # 181 OLher- Deed will need to be recorded from Han'l<'llmily Homes Inc. to NisquaUy Estates Homeowners Assn. for Tract D Nisqually Estates Divison 1, Phase 2. (See page 2) '::~~~'''3:l 2000 L:lkeridge Dnvl S,W OIYI11pi;:\, W A 98502.6045 (.360) 786,5410 l-iAX (.360) 754,2958 TDD (360) 754-2933 * Rl'Cy('k'd JI"PI'" ~ DEC-05-2000 TUE 10:24 AM THURSTON COUNTY ASSESSOR p . FAX NO. 360 7542958 p, 02/02 PATRICIA COSTEllO Assessor THURSTON COUNTY O}"FICE OF THE ASSESSOR m_....'..-~-..-.. Slt'l~'1.i 1J4~l Also for Tracts I and P Nisqually Estates Division 2, Phase 2. And finally, we are showing 2 older houses and 4 out buildmgs on Tax Parcel #: 21725111303 for the 2001 tax year. The mylar for Div 2 Ph 2 needs to reflect where these buildings arc locat~d. TbGlnk you -JJvvL(J_AV~ 15'+- ~355 X lo4DLj- 'i~. 3] 2000 bkel'id~e Drive S.W Olym(lb, W A 98502.6045 (360) 786-5410 FAX (360) 754.2958 TDD (360) 754-2933 * Il",.ydl"( P"p,'r City ofYelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 DEVELOPMENT REVIEW - COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-8408 DATE. 11/Z-2-/oo APPLICANT ~r- F;~( ~ !/,fJ1e....---:) CASE NUMBER: !)IAI3 CO C?Z-&1 VL PROJECT LOCATION ())PJt6fk-c of I-/V-J~ 507 jUs!- -.5ov.-M of ffit 1/ I!..d PROJECT SUMMARY h 110.) jJ / t{_~l- uO 10 f The enclosed~roject information is for your review Please provide written comments or recommendations to Cathie Carlson by 12-/7 Db Your comments will become part of the record and utilized in the decision-making process by staff, Planning Commission or City Council TYPE OF APPLICATION: PROPOSED Site Plan Review Planned Residential Development X' FINAL Preliminary Plat Mixed Use Planned Development ADMINISTRATIVE X Final Plat Master Planned Development , PLANNING COMMISSION Short Plat Home OcaJpation(s) X CITY COUNCIL Conditional Use Short Subdivision or Boundary Line Adj. Boundary Line Adjustment Mobile Home Park TO: )( City Administrator X Thurston County Assessor Yelm Parks Advisory Committee y Community Development Director WSDOT y City Engineer Intercity Transit y Building Department School District City Clerk Yelm Telephone X Public Works Supervisor LeMay Garbage Service I Fire Department Puget Sound Energy I Police Department Viacom Cable Adjacent Jurisdiction Adjacent Property Owners y Thurston County CapCom US Post Office - Yelm Thurston County Environmental Health Department of Ecology Olympic Air Pollution Control Authority Yelm Chamber of Commerce WA Dept Fish & Wildlife - Jim Frasier Applicant s Engineer and/or Surveyor Nisqually Indian Tribe Applicant C. \MyFiles\Fonm\DI STRI B. WPD BILL-OF-SALE WATER ThIS Bill of Sale is made and executed thIS ~ day of ~H/t , by and between HARR FAMILY HOMES, INC. hereinafter called the 'Grantors" ana the CITY OF YELM, a MUlllcIpal Corporation, heremafter called the "Grantee" WITNESSETH. That the Grantors for good and valuable consIderatIOn, the receIpt of whIch IS hereby acknowledged, hereby conveys, sets over, assigns and warrants to the CITY OF YELM the followmg described property sItuated in Thurston County, State of Washington, TO WIT All water mams together wIth valves, valve boxes, hydrants, pIpmg, fittmgs, and all other appurtenances as constructed wIthm the Phase II portIOn of the Plat of NisquallyEstates. The Grantors hereby warrant that they are the sole owners of all the property above conveyed, that they have full power to convey the same, and they will defend the title of said grantee and any and all persons lawfully makmg c1arrn thereto Dated at Yelm, Washmgton thIs ~ day of ~~ ,2011D- K~{) 7V~ Developer STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On thIS ~ day of -AI ./J/~ , 20 (JlJ , before me personally appeared KIRK HARR to me known to be the ~I of the corporatIOn that executed the wIthm and foregomg mstrument, and acknowledged said mstrument to be the free and voluntary act and deed of Said corporatIOn, for the uses and purposes therem mentIOned, and on oath stated that he was authOrIzed to execute said mstrument and that the seal affixed IS the corporate seal of Said corporatIOn. Page 10f2 Given under ~,~\,.4a~d,~d,,~,y.,~l this l1!:- day of ~ ,l1""" \>," 'D' " ,'" "'\",,, __--2.--~ ::'~?~-> T f\. \ '-' _ . ~ \ r 1..' ~1'<:: _0_ ~ PUEUC, ~;::. . ~1 ,20OV '\ (} A/hId~- ~ Notary Public ill and for e State of Washington, residmg at j(lJ'(ju~ My COIllilllssion expires. ~hJ ~ 3. 2bo ::J. / " System accepted by the City of Yelm this _ day of ,20_ CITY OF YELM By' Page 20f2 E. \oftlce\sdh\word\3939BOScorp yelm.doc BILL-OF-SALE SEWER This Bill of Sale IS made and executed thiS ~ day of ~ ' by and between HARR FAMILY HOMES, INC. hereinafter called the 'Grantors" an the CITY OF YELM, a MumcIpal Corporation, heremafter called the "Grantee" WITNESSETH. That the Grantors for good and valuable consideratIOn, the receipt of which IS hereby acknowledged, hereby conveys, sets over, assigns and warrants to the CITY OF YELM the followmg described personal property situated m Thurston County, State ofWashmgton, TO WIT All samtary sewers together With force main valves and boxes, cleanouts, pIplllg and all other appurtenances as constructed within the Phase II portIOn of the Plat of Nisqually Estates. The Grantors hereby warrant that they are the sole owners of all the property above conveyed, that they have full power to convey the same, and they will defend the title of said grantee and any and all persons lawfully maklllg claim thereto Dated at Yelm, Washlllgton thISIi!!l- day of ~.J-J.A1~ ,20~ 'f( u.A a _ 7Y~ Developer STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On this ~ day of ,~ ' 20 UV, before me personally appeared KIRK HARR to me known to be the OW tU e It of the corporatIOn that executed the wIthm and foregomg mstrument, and acknowledged said mstrument to be the free and voluntary act and deed of Said corporation, for the uses and purposes therem mentIOned, and on oath stated that he was authOrized to execute said mstrument and that the seal affixed IS the corporate seal of said corporatIOn. Page 1 of2 Given under m'ypil,p.q,~~~ seal thIS ~ day of ~~ ,20-.ill I" -.:z- ~t ,v \ (;: -- i~ ~ . ~ ~ ff ;?J{(/J1~[) ,~ Notary Pubhc m and for the State 0 Washington, resIdmg at I<. ~ My COIllIll1SSlOn exprres'Of'lJ ~3, ~tJ;) --0--- -. PULL\C --::r~ ("0 (' '1.:::_ rz'" 1/' ,. System accepted by tl1~l!t1WotY~lm this _ day of ,20_ CITY OF YELM By' Page 2 of2 E.\office\sdh\word\3939BOS sew yelm.duc WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS That WHEREAS HARR FAMILY HOMES, INC., (heremafter referred to as the "Owner"), has apphed to the City ofYelm, a pohtIcal subdivIsIOn of Thurston County of the State ofWashmgton, (heremafter referred to as the "City") for the approval by the City of a certam plat of a subdivision to be known as NISQU ALL Y EST A TES, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to pubhc use as streets, alleys and other rights of way, and other pubhc facihtIes and improvements, and WHEREAS, It IS necessary m the interest of pubhc welfare that the areas so offered to be dedicated be constructed m accordance with the specIficatIOns heremafter set forth, and WHEREAS, m accordance With the terms of RCW 58 17 and Title 16 of the Yelm Municipal Code, the City has adopted subdiVIsIOn regulations which require that all improvements be constructed m a manner consistent With the City's development regulatIOns, NOW THEREFORE, to induce the City to approve said plat and to accept the dedicatIOn of said areas as pubhc streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and With the City as follows. The Owner unconditIonally warrants to the City, ItS successors and assigns that, for a penod oftwleve (12) months from the date offmal plat approval, the Improvements requrred to be constructed and dedicated to the pubhc under the terms of the plat will be free from defects and that the work will conform With the reqUIrements and specificatIOns of the Development GUIdehnes of the City Upon any breach of the foregoing Warranty and without hmltmg the City'S remedies for breach of warranty, the Owner agrees to promptly reparr or replace any defectIve work, at no cost to the City, and to proVide all labor, eqUIpment and matenals necessary therefore, at not cost to the City 2 In the event the Owner shall fail or neglect to fulfill hiS obhgatIOns under thiS agreement, the City shall have the nght to construct or cause to be constructed, reparred or replaced pursuant to pubhc advertIsement and receipt and acceptance of bids, Said streets, utihtIes and other Improvements, as shown on Said plat, and the Owner shall be hable to pay to and mdemmfy the City, upon completIOn of such constructIOn, the final total cost to the City thereof, mcludmg but not hmlted to, engmeenng, legal and contmgent costs together With any damages, either direct or consequential, whIch the CIty may sustam on account of the fallure of the Owner to carry out and execute all of the provJSlons of thiS agreement. 3 The obhgatIons Imposed or Imphed by thIS agreement shall not be aSSIgned, transferred or assumed by any person or entIty that IS not a party to thIS agreement WIthout pnor wntten consent of the City Page 1 of2 IN lITNESS WHEREOF, THE OWNER has executed this agreement this ~ day of .... 'f11./n..b, , 2000 HARR FAMILY HOMES, INC. By' <<~ () (/~ CITY OF YELM By. Page 2 of2 E. \officc\sdh\word\3939warragmt yel m.doc 931ld2rd ~ t Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 11/20/2000 Drawing 9311S322 dwg NISQUALLY ESTATES DIV 2 PHASE 2 ~uL -1- ROAD 1;.. ;z.E.:D Rs/UJ Bearing Distance Northing Easting 8699 752 6865 990 Start (POB) S 89014'42" E S 00045'18" W 252 14 10 15 8696 430 8686 281 7118 105 7117 971 ** Horizontal Curve S 26009'34" W 171 60 8532 256 7042 317 Chord pc-pt N 89014'42" W 200 00 8688 917 6917 989 Radla 1 In pc-rp Delta 50048'32" Radius 200 000 Length 177 356 Tangent 94 986 S 38026'10" E 200 00 8532 256 7042 317 Radia 1 Out rp-pt ------------ S 51033'50" W 54.14 8498 604 6999 913 ------------ ** Horizontal Curve S 71009'34" W 134 15 8455 281 6872 949 Chord pc-pt N 38026'10" W 200 00 8655 264 6875 585 Radia 1 In pc-rp Delta 39011'28" Radius 200 000 Length 136 803 Tangent 71 199 S 00045'18" W 200 00 8455 281 6872 949 Radia 1 Out rp-pt ------------ N 89014'42" W 147 12 8457 220 6725 845 N 00045'18" E 50 00 8507 216 6726 504 N 00045'18" E 67 36 8574 568 6727 392 S 89014'42" E 136 94 8572 763 6864 316 N 00045'18" E 127 00 8699 752 6865 990 Page 1 " East (POB) Area 63,975 S F o 00 9311d2rd 1 469 Acres Page 2 8699 752 6865 990 8699 752 6865 990 Close DIV 2 ptc Lot Closures - Prepared using Survey/Civil Solutlons for AutoCAD Date Prepared 7/7/2000 Drawlng 9311S222 dwg DIV 2 Lot -1 BOUND,ot<..Y 7>JV 2- ------------ Bearing Distance Northing Easting ------------ ---------- -------------- -------------- 8576 311 6595 086 Start (POB) S 00036'02" W 219.34 8356 981 6592 787 S 83049'01" E 377 77 8316 294 6968 358 N 78005'42" E 6 13 8317 558 6974 352 N 60001'46" E 41 27 8338 175 7010 105 N 51033'50" E 420.00 8599 264 7339 092 N 32021'21" E 78 95 8665 959 7381 345 S 89014'42" E 102 69 8664 606 7484 031 N 00045'18" E 27 00 8691 603 7484 386 N 00045'18" E 27 00 8718 601 7484 742 S 89014'42" E 8 26 8718 492 7493 001 N 00045'18" E 108 61 8827 093 7494 432 N 89014'42" W 648 00 8835 631 6846 488 S 00045'18" W 135 61 8700 033 6844 701 S 89014'42" E 21.29 8699 752 6865.990 S 00045'18" W 127 00 8572 763 6864 316 N 89014'42" W 269 25 8576 311 6595 086 East 0 00 8576 311 6595 086 -------------- -------------- 8576 311 6595 086 Close (POB) Area 285,136 S F 6 546 Acres D Page 1 PARK ptc / Lot Closures - Prepared using Survey/Civil Solutlons for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg PARK ------------ Bearlng Distance Northlng Easting ------------ ---------- -------------- -------------- 8434 514 6928 484 Start (POB) S 21024'52" E 125 63 8317 558 6974 352 S 78005'42" W 6 13 8316 294 6968 358 N 83049'01" W 75 59 8324 435 6893 204 N 04023'17" W 104 34 8428 469 6885 221 ------------ ** Horizontal Curve N 82002'44" E 43 68 8434 514 6928 484 Chord pc-pt N 02025'59" W 227 00 8655 264 6875 585 Radial In pc-rp Delta 11002'34" Radius 227 000 Length 43 750 Tangent 21 943 S 13028'33" E 227 00 8434 514 6928 484 Radial Out rp-pt ------------ East 0 00 8434 514 6928 484 -------------- -------------- 8434 514 6928 484 Close (POB) Area 6,903 S F 0 158 Acres D Page 1 TRACT .1 ptc / Lot Closures - Prepared uSlng Survey/Clvil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing. 9311S322 dwg TRACT I Bearing Dlstance Northlng Easting 8507 216 6726 504 Start (POB) ** Horizontal Curve S 45045'18" W 70 71 pc-pt S 00045'18" W 50 00 1 In pc-rp Delta 90000'00" Radlus 50 000 Length 78 540 Tangent 50 000 N 89014'42" W 50 00 lOut rp-pt 8457 879 6675 849 Chord 8457 220 6725 845 Radia 8457 879 6675 849 Radla N 89014'42" W N 00036'02" E S 89014'42" E S 00045'18" W East 82 00 8458 959 6593 856 117 36 8576 311 6595 086 132 32 8574 568 6727 392 67 36 8507 216 6726 504 0 00 8507 216 6726 504 -------------- -------------- 8507 216 6726.504 Close 0 311 Acres (POB) Area 13,546 S F D Page 1 LOT 61 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 61 Bearing Distance Northing Easting S 00045'18" W 108 61 N 89014'42" W 56 00 N 00045'18" E 108 61 S 89014'42" E 56 00 East 0 00 8834 893 8726 293 8727 031 8835 631 8834 893 8834 893 6902 483 Start (POB) 6901 052 6845 057 6846 488 6902 483 6902 483 8834 893 6902 483 Close (POB) Area 6,082 S F o 140 Acres o Page 1 LOT 62 ptc I Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-llPH2 dwg LOT 62 Bearing Dlstance Northing Easting S 00045'18" W 108 61 N 89014'42" W 52 00 N 00045'18" E 108 61 S 89014'42" E 52 00 East 0 00 8834 208 8725 608 8726 293 8834 893 8834 208 8834 208 6954 479 Start (POB) 6953 048 6901 052 6902 483 6954 479 6954 479 8834 208 6954 479 Close (POB) Area 5,648 S F o 130 Acres [] Page 1 LOT 63 ptc I Lot Closures - Prepared uSlng Survey/Civll Solutlons for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 63 Bearing Distance Northing Easting S 00045'18" W 108 61 N 89014'42" W 56 00 N 00045'18" E 108 61 S 89014'42" E 56 00 East 0 00 8833 470 8724 870 8725 608 8834 208 8833 470 8833 470 7010 474 Start (POB) 7009 043 6953 048 6954 479 7010 474 7010 474 8833 470 7010 474 Close (POB) Area 6,082 S F o 140 Acres o Page 1 LOT 64 ptc j Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 64 Bearing Distance Northing Easting S 00045'18" W 108 61 N 89014'42" W 52 00 N 00045'18" E 108 61 S 89014'42" E 52 00 East 0 00 8832 785 8724 184 8724 870 8833 470 8832 785 8832 785 7062 470 Start (POB) 7061 038 7009 043 7010 474 7062 470 7062 470 8832 785 7062 470 Close (POB) Area 5,648 S F o 130 Acres D Page 1 LOT 65 ptc I Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 65 Bearing Distance Northing Easting S 00045'18" w 108 61 N 89014'42" W 56 00 N 00045'18" E 108 61 S 89014'42" E 56 00 East 0 00 8832 047 8723 447 8724 184 8832 785 8832 047 8832 047 7118 465 Start (POB) 7117 034 7061 038 7062 470 7118 465 7118 465 8832 047 7118 465 Close (POB) Area 6,082 S F o 140 Acres LJ Page 1 LOT 66 ptc / Lot Closures - Prepared uSlng Survey/Clvil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 66 Bearlng Dlstance Northing Easting S 00045'18" W 108 61 N 89014'42" W 52 00 N 00045'18" E 108 61 S 89014'42" E 52 00 East 0 00 8831 362 8722 761 8723 447 8832 047 8831 362 8831 362 7170 460 Start (POB) 7169 029 7117 034 7118 465 7170 460 7170 460 8831 362 7170 460 Close (POB) Area 5,648 S F o 130 Acres o Page 1 LOT 67 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 67 Bearlng Distance Northing Easting S 00045'18" W 108 61 N 89014'42" W 56 00 N 00045'18" E 108 61 S 89014'42" E 56 00 East 0 00 8830 624 8722 023 8722 761 8831 362 8830 624 8830 624 7226 455 Start (POB) 7225 024 7169 029 7170 460 7226 455 7226 455 8830 624 7226 455 Close (POB) Area 6,082 S F o 140 Acres o Page 1 LOT 68 ptc / Lot Closures - Prepared uSlng Survey/Civll Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 68 Bearlng Distance Northlng Easting S 00045'18" W 108 61 N 89014'42" W 52 00 N 00045'18" E 108 61 S 89014'42" E 52 00 East 0 00 8829 939 8721 338 8722 023 8830 624 8829 939 8829 939 7278 451 Start (POB) 7277 020 7225 024 7226 455 7278 451 7278 451 8829 939 7278 451 Close (POB) Area 5,648 S F o 130 Acres D Page 1 LOT 69 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 69 Bearing Distance Northing Easting S 00045'18" w 108 61 N 89014'42" W 56 00 N 00045'18" E 108 61 S 89014'42" E 56 00 East 0 00 8829 201 8720 600 8721 338 8829 939 8829 201 8829 201 7334 446 Start (POB) 7333 015 7277 020 7278 451 7334 446 7334 446 8829 201 7334 446 Close (POB) Area 6,082 S F o 140 Acres D Page 1 LOT 70 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 70 Bearlng Dlstance Northlng Eastlng S 00045'18" W 108 61 N 89014'42" W 52 00 N 00045'18" E 108 61 S 89014'42" E 52 00 East 0 00 8828 516 8719 915 8720 600 8829 201 8828 516 8828 516 7386 441 Start (POB) 7385 010 7333 015 7334 446 7386 441 7386 441 8828 516 7386 441 Close (POB) Area 5,648 S F o 130 Acres D Page 1 LOT 71 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutlons for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 71 Bearlng Distance Northlng Easting S 00045'18" w 108 61 N 89014'42" W 56 00 N 00045'18" E 108 61 S 89014'42" E 56 00 East 0 00 8827 778 8719 177 8719 915 8828 516 8827 778 8827 778 7442 437 Start (POB) 7441 005 7385 010 7386 441 7442 437 7442 437 8827 778 7442 437 Close (POB) Area 6,082 S F o 140 Acres o Page 1 LOT 72 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-llPH2 dwg LOT 72 Bearing Distance Northing Easting S 00045'18" W 108 61 N 89014'42" W 52 00 N 00045'18" E 108 61 S 89014'42" E 52 00 East 0 00 8827 093 8718 492 8719 177 8827 778 8827 093 8827 093 7494 432 Start (POB) 7493 001 7441 005 7442 437 7494 432 7494 432 8827 093 7494 432 Close (POB) Area 5,648 S F o 130 Acres D Page 1 LOT 104 ptc I Lot Closures - Prepared uSlng Survey/Clvi1 Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 104 ------------ Bearing Dlstance Northing ------------ ---------- -------------- 8665 959 S 32021'21" W 78 95 8599 264 S 51033'50" W 60 00 8561 966 N 89014'42" W 20 00 8562 229 N 00045'18" E 105 16 8667 380 S 89014'42" E 107 87 8665 959 East 0 00 8665 959 Easting 7381 345 Start (POB) 7339 092 7292 094 7272 095 7273 481 7381 345 7381 345 8665 959 7381 345 Close (POB) Area 7,503 S F o 172 Acres o Page 1 LOT 105 ptc ./ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 105 Bearing Distance Northing Easting S 00045'18" W 105 16 N 89014'42" W 60 00 N 00045'18" E 105 16 S 89014'42" E 60 00 East 0 00 8667 380 8562 229 8563 020 8668 171 8667 380 8667 380 7273 481 Start (POB) 7272 095 7212 100 7213 486 7273 481 7273 481 8667 380 7273 481 Close (POB) Area 6,310 S F o 145 Acres IJ Page 1 LOT 106 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 106 Bearlng Dlstance Northing Easting S 00045'18" W N 89014'42" W 105 16 104 32 8668 171 8563 020 8564 394 7213 486 Start (POB) 7212 100 7107 787 ** Horizontal Curve N 21047'29" E 90 33 N 56043'55" W 227 00 Delta 22057'12" Radlus 227 000 Length 90 939 Tangent 46 088 S 79041'08" E 227 00 8648 272 8688 917 7141 320 Chord pc-pt 6917 989 Radial In pc-rp 8648 272 7141 320 Radial Out rp-pt ** Horlzontal Curve N 50032'05" E 32 29 8668 793 7166 246 Chord pc-pt S 79041'08" E 25 00 8643 796 7165 916 Radial In pc-rp Delta 80026'26" Radius 25 000 Length 35 099 Tangent 21 142 N 00045'18" E 25 00 8668 793 7166 246 Radial Out rp-pt ------------ S 89014'42" E 47 24 8668 171 7213 486 East 0 00 8668 171 7213 486 -------------- -------------- 8668 171 7213 486 Close (POB) Area 8,527 S F 0 196 Acres IJ Page 1 LOT 107 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 107 ------------ Bearing Distance Northing Eastlng ------------ ---------- -------------- -------------- 8561 966 7292 094 Start (POB) S 51033'50" W 135 51 8477 727 7185 949 N 52002'06" W 114 18 8547 970 7095 930 ------------ ** Horizontal Curve N 35049'31" E 20 26 8564 394 7107 787 Chord pc-pt N 51037'02" W 227 00 8688 917 6917 989 Radlal In pc-rp Delta 5006'53" Radius 227 000 ~ Length 20 264 Tangent 10 139 S 56043'55" E 227 00 8564 394 7107 787 Radial Out rp-pt ------------ S 89014'42" E 184 32 8561 966 7292 094 East 0 00 8561 966 7292 094 -------------- -------------- 8561 966 7292 094 Close (POB) Area 9,044 S F 0 208 Acres 0 Page 1 LOT 108 ptc , ./ Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 108 ------------ Bearing Distance Northing Eastlng ------------ ---------- -------------- -------------- 8547 970 7095 930 Start (POB) S 52002'06" E 114 18 8477 727 7185 949 S 51033'50" W 73 57 8431 996 7128 325 N 39004'40" W 105 04 8513 538 7062 111 ------------ ** Horizontal Curve N 44029'06" E 48 26 8547 970 7095 930 Chord pc-pt N 39024'45" W 227 00 8688 917 6917 989 Radial In pc-rp Delta 12012'17" Radlus 227 000 Length 48 354 Tangent 24 269 S 51037'02" E 227 00 8547 970 7095 930 Radial Out rp-pt ------------ East 0 00 8547 970 7095 930 -------------- -------------- 8547 970 7095 930 Close (POB) Area 6,559 S F 0 151 Acres Il Page 1 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing 9311S322 dwg LOT 109 / ------------ Bearlng Distance Northing Easting ------------ ---------- -------------- -------------- 8513 538 7062 111 Start (POB) S 39004'40" E 105 04 8431 996 7128 325 S 51033'50" W 58 00 8395 939 7082 891 N 39004'40" W 105 01 8477 455 7016 697 N 51033'50" E 54 14 8511 107 7059 101 ------------ ** Horlzontal Curve N 51004'32" E 3 87 8513 538 7062 111 Chord pc-pt N 38026'10" W 226 99 8688 910 6917 994 Radial In pc-rp Delta 0058'35" Radius 226 992 Length 3 868 Tangent 1 934 S 39024'45" E 226 99 8513 538 7062 111 Radial Out rp-pt ------------ East 0 00 8513 538 7062 111 -------------- -------------- 8513 538 7062 111 Close (POB) Area 6,090 S F 0 140 Acres :::: .... LOT 110 ptc I Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 110 ------------ Bearlng Distance Northing Easting ------------ ---------- -------------- -------------- 8477 455 7016 697 Start (POB) S 39004'40" E 105 01 8395 939 7082 891 S 51033'50" W 67 92 8353 716 7029 687 N 28049'26" W III 72 8451 595 6975 824 ------------ ** Horizontal Curve N 57040'46" E 48 37 8477 455 7016 697 Chord pc-pt N 26012'18" W 227 00 8655 264 6875 585 Radial In pc-rp Delta 12013'52" Radius 227 000 Length 48 458 Tangent 24 322 S 38026'10" E 227 00 8477 455 7016 697 Radial Out rp-pt ------------ East 0 00 8477 455 7016 697 -------------- -------------- 8477 455 7016 697 Close (POB) Area 6,221 S F 0 143 Acres 0 Page 1 LOT 111 ptc j Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawing 9311S322 dwg LOT 111 Lot 111 Bearing Distance Northing Easting 8451 595 6975 824 Start (POB) S 28049'26" E 111 72 8353 716 7029 687 S 51033'50" W 25 00 8338 175 7010 105 S 60001'46" W 41 27 8317 558 6974 352 N 21024'52" W 125 63 8434 514 6928 484 ------------ ** Horizontal Curve N 70009'35" E 50 33 8451 595 6975 824 Chord pc-pt N 13028'33" W 227 00 8655 264 6875 585 Radia 1 In pc-rp Delta 12043'45" Radius 227 000 Length 50 432 Tangent 25 320 S 26012'18" E 227 00 8451 595 6975 824 Radia 1 Out rp-pt ------------ East 0 00 8451 595 6975 824 -------------- -------------- 8451 595 6975 824 Close (FOB) Area 6,871 S F 0 158 Acres 0 I. Page 1 LOT 112 ptc I Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawlng 9311S322.dwg LOT 112 Lot 112 Bearlng Distance Northing Easting 8428 469 6885 221 Start (POB) S 04023'17" E N 83049'01" W N 00045'18" E S 89014'42" E 104 34 74 43 96 53 52 12 Curve 12 63 227 00 8324 435 8332 452 8428 970 8428 284 6893 204 6819.209 6820 481 6872 594 ** Horlzontal N 89009'39" E pc-pt N 00045'18" E 1 In pc-rp Delta 3011'17" Radius 227 000 Length 12 631 Tangent 6 317 S 02025'59" E 227 00 lOut rp-pt 8428 469 6885 221 Chord 8655 264 6875 585 Radia 8428 469 6885 221 Radia East o 00 8428 469 6885 221 8428 469 6885 221 Close (POB) Area 6,932 S F o 159 Acres o Page 1 LOT 113 ptc J Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawlng 9311S322 dwg LOT 113 Lot 113 Bearing Distance Northing Easting 8428 970 6820 481 Start 1 (POB) S 00045'18" W 96 53 8332 452 6819 209 N 83049'01" W 95 43 8342 730 6724 336 N 00045'18" E 64 50 8407 224 6725 186 ------------ ** Horlzontal Curve N 67042'08" E 39 16 8422 082 6761 416 Chord pc-pt N 00045'18" E 50 00 8457 220 6725 845 Radia In pc-rp Delta 46006'20" Radlus 50 000 Length 40 235 Tangent 21 278 S 45021'02" E 50 00 8422 082 6761 416 Radia Out rp-pt 1 ** Horizontal Curve N 67042'08" E 19 58 pc-pt S 45021'02" E 25 00 1 In pc-rp Delta 46006'20" Radius 25 000 Length 20 117 Tangent 10 639 N 00045'18" E 25 00 lOut rp-pt 8429 510 6779 531 Chord 8404 512 6779 202 Radia 8429 510 6779 531 Radia S 89014'42" E East 40 95 o 00 8428 970 8428 970 6820 481 6820 481 8428 970 6820 481 Close (POB) Page 1 Area 8,041 S F o LOT 113 ptc o 185 Acres Page 2 LOT 114 ptC/ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawing 9311S322 dwg LOT 114 Lot 114 ------------ Bearlng Distance Northing Eastlng ------------ ---------- -------------- -------------- 8407 224 6725 186 Start (POB) S 00045'18" W 64 50 8342 730 6724 336 N 83049'01" W 132 32 8356 981 6592 787 N 00036'02" E 101 98 8458 959 6593 856 S 89014'42" E 82 00 8457 879 6675 849 ------------ ** Horizontal Curve. S 44014'42" E 70 71 8407 224 6725 186 Chord pc-pt S 89014'42" E 50 00 8457 220 6725 845 Radia 1 In pc-rp Delta 90000'00" Radius 50 000 Length 78 540 Tangent 50 000 S 00045'18" W 50 00 8407 224 6725 186 Radla 1 Out rp-pt East o 00 8407 224 6725 186 8407 224 6725 186 Close (POB) Area 12,309 S F o 283 Acres D Page 1 .,;. 931102115 /' Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 11/20/2000 Drawlng 9311S322 dwg NISQUALLY ESTATES DIV 2 PHASE 2 Lot 115 Bearing Distance Northlng Eastlng 8574 568 6727 392 Start 1 (POB) S 89014'42" E 94 05 8573 329 6821 430 S 00045'18" W 90 36 8482 978 6820 239 N 89014'42" W 40 00 8483 505 6780 242 ------------ ** Horizontal Curve N 66011'32" W 19 58 8491 409 6762 330 Chord pc-pt N 00045'18" E 25 00 8508 503 6780 572 Radia In pc-rp Delta 46006'20" Radlus 25 000 Length 20 117 Tangent 10 639 S 46051'38" W 25 00 8491 409 6762 330 Radia Out rp-pt 1 ** Horlzontal Curve N 66011'32" W 39 16 pc-pt S 46051'38" W 50 00 1 In pc-rp Delta 46006'20" Radius 50 000 Length 40 235 Tangent 21 278 N 00045'18" E 50 00 lOut rp-pt 8507 216 6726 504 Chord 8457 220 6725 845 Radia 8507 216 6726 504 Radia N 00045'18" E East 67.36 o 00 8574 568 8574 568 6727 392 6727 392 8574 568 6727.392 Close (POB) Page 1 ... .. 931102115 I> ) Area 7,798 S F o 179 Acres Page 2 LOT 116 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawing 9311S322 dwg LOT 116 Lot 116 Bearlng Distance Northing Easting 8572 629 6874 495 Start (POB) S 00045'17" W N 89014'42" W N 00045'18" E S 89014'42" E East 90 36 53 07 90.36 53 07 o 00 8482 279 8482 978 8573 329 8572 629 8572 629 6873 305 6820 239 6821 430 6874 495 6874 495 8572 629 6874 495 Close (POB) Area 4,795 S F o 110 Acres o Page 1 LOT 11 7 ptc j Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawlng 9311S322 dwg LOT 117 Lot 117 Bearing Distance Northlng Easting 8572 629 6874 495 Start (POB) S 89014'42" E 169 53 8570 395 7044 012 ** Horizontal Curve S 47024'12" W 25 10 pc-pt N 46045'25" W 173 00 1 In pc-rp Delta 8019'15" Radius 173 000 Length 25 124 Tangent 12 584 S 38026'10" E 173 00 lOut rp-pt 8553 405 7025 533 Chord 8688 917 6917 989 Radia 8553 405 7025 533 Radia S 51033'50" W 54 14 8519 753 6983 129 ** Horlzontal Curve S 71009'34" W 116 04 pc-pt N 38026'10" W 173 00 1 In pc-rp Delta 39011'28" Radlus 173 000 Length 118 334 Tangent 61 587 S 00045'18" W 173 00 lOut rp-pt 8482 279 6873 305 Chord 8655 264 6875 585 Radia 8482 279 6873 305 Radia N 00045'17" E S 00045'16" W 90 36 o 00 8572 629 8572 629 6874 495 6874 495 8572 629 6874 495 Close (POB) Area 10,136 S F o 233 Acres Page 1 LOT 118 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 118 Bearing Distance Northing Easting 8670 197 7059 714 Start (POB) ** Horlzontal Curve S 36001'56" E 40 04 S 00045'18" W 25 00 Delta 106025'33" Radlus 25 000 Length 46 437 Tangent 33 434 S 72049'09" E 25 00 8637 815 8645 199 7083 269 Chord pc-pt 7059 385 Radial In pc-rp 8637 815 7083 269 Radial Out rp-pt ** Horlzontal Curve S 30012'43" W 78 02 8570 395 7044 012 Chord pc-pt N 72049'09" W 173 00 8688 917 6917 989 Radlal In pc-rp Delta 26003'44" Radius 173 000 Length 78 693 Tangent 40 039 S 46045'25" E 173 00 8570 395 7044 012 Radial Out rp-pt ------------ N 89014'42" W 63 71 8571 235 6980 306 N 00045'18" E 100 00 8671 226 6981 624 S 89014'42" E 78 10 8670 197 7059 714 East 0 00 8670 197 7059 714 -------------- -------------- 8670 197 7059 714 Close (POB) Area 9,033 S F 0 207 Acres 0 Page 1 LOT 119 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutlons for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 119 Bearlng Dlstance Northing Easting S 00045'18" W 100 00 N 89014'42" W 58 00 N 00045'18" E 100 00 S 89014'42" E 58 00 East 0 00 8671 226 8571 235 8571 999 8671 991 8671 226 8671 226 6981 624 Start (POB) 6980 306 6922 311 6923 629 6981 624 6981 624 8671 226 6981 624 Close (POB) Area 5,800 S F o 133 Acres u Page 1 LOT 120 ptC/ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 120 Bearing Distance Northing Easting S 00045'18" W 100 00 N 89014'42" W 58 00 N 00045'18" E 100 00 S 89014'42" E 58 00 East 0 00 8671 991 8571 999 8572 763 8672 755 8671 991 8671 991 6923 629 Start (POB) 6922 311 6864 316 6865 634 6923 629 6923 629 8671 991 6923 629 Close (POB) Area 5,800 S F o 133 Acres [I Page 1 .. ' 'AFTER RECORDING MAIL TO NAME ADDRESS CITY/STATE FIRST AMERICAN TITLE INSURANCE COMPANY POBOX 1136, 510 PLUM STREET SE, SUITE 200 OLYMPIA, WASHINGTON 98507 (360)943-9350 - AMENDED - SUBDIVISION GUARANTEE ORDER NO 78827-1 LIABILITY $ 1,000 00 FEE $ 200 00 TAX $ 16 00 FIRST AMERICAN TITLE INSURANCE COMPANY, A CALI FORNIA CORPORATION, HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES HARR FAMILY HOMES HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A LIABILITY EXCLUSIONS AND LIMITATIONS 1 NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN 2 THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE ., . ' SUBDIVISION GUARANTEE ORDER NO 78827-1 PAGE NO TWO 3 THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58 17, R C W , AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE A TITLE IS VESTED IN HARR FAMILY HOMES, INC , A WASHINGTON CORPORATION B THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE 1 UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF 2 WATER RIGHTS, CLAIMS OR TITLE TO WATER 3 TAX DEEDS TO THE STATE OF WASHINGTON 4 DOCUMENTS PERTAINING TO MINERAL ESTATES DESCRIPTION PARCEL B OF BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL, AS RECORDED JANUARY 13, 1999 UNDER AUDITOR'S FILE NO 3203716, EXCEPTING THEREFROM THAT PORTION KJ:\fOWN AS NISQUALLY ESTATES, DIVISION 1, PHASE 1, AS RECORDED JANUARY 22, 1999 UNDER AUDITOR'S FILE NO 3206024 IN THURSTON COUNTY, WASHINGTON THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED LOT(S) B, BLA98-8203YL ORDER NO 78827-1 PAGE NO THREE RECORD MATTERS 1 GENERAL TAXES FOR THE YEAR 2001, IN AMOUNT (S) NOT YET AVAILABLE TAX ACCOUNT NO (S) 21725111302, TCA NO (S) 170 2 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN YELM COMMUNITY SCHOOLS DISTRICT NO 2 AND PAUL STEADMAN DATED JUNE 19, 1995 RECORDED JUNE 21, 1995 RECORDING NO 9506210116 PURPOSE MITIGATION, IMPOSING FEES OF $650 00 PER LOT, DUE UPON ISSUANCE OF BUILDING PERMIT AFFECTS THIS AND OTHER PROPERTY 3 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR HARR FAMILY HOMES, INC A WASHINGTON CORPORATION TRUSTEE COMMONWEALTH LAND TITLE COMPANY BENEFICIARY CASCADE BANK ORIGINAL AMOUNT $1,250,000 00 DATED NOVEMBER 18, 1997 RECORDED DECEMBER 2, 1997 RECORDING NO 3122731 AFFECTS THIS AND OTHER PROPERTY 4 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR BARR FAMILY HOMES, INC , A WASHINGTON CORPORATION TRUSTEE FIRST AMERICAN TITLE INSURANCE COMPANY BENEFICIARY COLUMBIA STATE BANK ORIGINAL AMOUNT $700,000 00 DATED OCTOBER 26, 1999 RECORDED NOVEMBER 9, 1999 RECORDING NO 3264667 SAID MORTGAGE/DEED OF TRUST WAS MODIFIED BY AGREEMENT(S) DATED MARCH 15, 2000 RECORDED MARCH 17, 2000 RECORDING NO 3284075 5 LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN CITY OF YELM, A MUNICIPAL CORPORATION AND HARR FAMILY HOMES DATED JANUARY 13, 1999 RECORDED FEBRUARY 23, 1999 RECORDING NO 3212775 PURPOSE WATER ORDER NO 78827-1 PAGE NO FOUR EXCEPTIONS CONTINUED 6 LATECOMERS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN CITY OF YELM, A MUNICIPAL CORPORATION AND HARR FAMILY HOMES DATED JANUARY 13, 1999 RECORDED FEBRUARY 23, 1999 RECORDING NO 3212776 PURPOSE SEWER 7 PROTECTIVE COVENANTS AND/OR EASEMENTS BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(c) DATED NOVEMBER 12, 1998 RECORDED JANUARY 22, 1999 RECORDING NO 3206026 8 ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY TO FURTHER ASSESSMENTS OR CHARGES, FOR WHICH A LIEN MAY HAVE ARISEN (OR MAY ARISE) AS IMPOSED BY NISQUALLY ESTATES HOMEOWNERS ASSOCIATION, ALL AS PROVIDED FOR IN INSTRUMENT REFERRED TO IN PARAGRAPH 7 ABOVE 9 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN HARR FAMILY HOMES, INC , ITS HEIRS, SUCCESSORS, OR ASSIGNS AND CITY OF YELM DATED JANUARY 14, 1999 RECORDED JANUARY 22, 1999 RECORDING NO 3206027 PURPOSE MAINTENANCE OF STORMWATER FACILITIES AND IMPLEMENTATION OF A POLLUTION SOURCE CONTROL PLAN 10 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED MAY 21, 1964 RECORDING NO 697559 FOR A PIPE LINE FOR THE TRANSPORTATION OF OIL AND GAS AFFECTS THIS AND OTHER PROPERTY AMENDMENT THERETO RECORDED UNDER AUDITOR'S FILE NO 3185930 ORDER NO 78827-1 PAGE NO FIVE EXCEPTIONS CONTINUED 11 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL RECORDED JANUARY 13, 1999 RECORDING NO 3203716, 3203725 SAID INSTRUMENT CONTAINS PROVISIONS FOR MAINTENANCE OF PRIVATE ROADWAYS 12 RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE PROPERTY HEREIN DESCRIBED AS GRANTED BY DEED RECORDED UNDER RECORDING NO 3203716 13 TERMS, CONDITIONS AND EASEMENTS DELINEATED ON THE FACE OF SAID BOUNDARY LINE ADJUSTMENT NO BLA98-8203YL MAP, AS RECORDED UNDER AUDITOR'S FILE NO 3203725 A COpy OF SAID MAP IS HERETO ATTACHED 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 1995 STATE LEGISLATURE FAILURE TO COMPLY MAY RESULT IN A REJECTION BY THE COUNTY AUDITOR TO RECORD THE DOCUMENT EFFECTIVE DATE SEPTEMBER 29, 2000, AT 8 00 A M FIRST AMERICAN TITLE INSURANCE COMPANY BY DO Documents Required for Land-Use Applications and Distribution Packets Total needed for complete application. Full Size Site Plan and Drawings - 8 sets Grading Plan - 4 drawings Landscape Plan - 3 sets Vicinity Map - 8 ~ x 11 Environmental Checklist - 5 (Including original and one unbound copy) Preliminary Stormwater Report - 6 (Including original and one unbound copy of report.) Traffic Study - 5 (Including original and one unbound copy of report.) Tree and Veg Preservation Plan - 4 (Including original) Any Additional Envir Studies -4 (Including original and one unbound copy of all studies.) Design Guideline Check-list for commercial projects- 5 (Including original) Original Application Reduced site plan (no larger than 11 x 17) Address labels for property owners within 300' of the project boundaries. Legal Description and Tax Parcel Numbers - Unless provide in entirety on application form DISTRIBUTION Packet A. - City Engineer. Community Dev. Director Full Size Site Plan and Drawings(Engineer - 4) Grading Plan (Engineer - 2) Landscape Plan Environmental Checklist Preliminary Stormwater Report (Engineer - 3) Traffic Study (Engineer - 2) Any Additional Environmental Studies Design Guideline Check-list Copy of Application Notice of Application with reduced site plan/map* Memo outlining review schedule* Packet B. - City Administrator. Building Depart. Full Size Site Plan and Drawings Environmental Checklist Design Guideline Check-list Copy of Application Notice of Application with reduced site plan/map* Memo outlining review schedule* Packet C. - All others Notice of Application with reduced site plan/map and vicinity map if necessary* *Provided by City upon complete application determination C .Imyfiles/forms/distribulist. wpd '" C,lrrY,O'F YElM PO f;3ox 479 Yelm WA 98597 360-458-3244 APPLICATION FOR Fina~ Plat OFFICIAL use ONLY -M o)J- Fee I~w Date Received #-: By rt f ___ File No. ~8' ()) 92.(;7 Yf Fee: $750.00 (In addition, any professional service charges per Resolution #358) SubdlvlsionN(;lme NI5Cj){/ALLY ES--rA/E5 2J;V/s/o!\J" ?!-I4<;E- 2. Date of Preliminary Plat Approval /VOV ~J9.5 SUBDIVIDER 1-1 Al?.R rAI'-11 LY /-Iol'1-e:.$ INc.. Name 2205 1/0 1]! 5'1 SO Address SURVEYOR ~, iR..tJE I' A 5.5 "DC- Name P-,O Eox 90...~____ Address (ACOMA I WA. Qg444-/4/Cj I ---2-53 53~/Z92- Phone 'Ye / M / !t~ 9'859 7 +59-2694 Phone PROPERTY OWNER(S) ENGINEER 1-14. e.R. FA Y.:JLLY HOM€S JNC Name /loWAR.'D G( ODA r -t A.:~ScX. _ Name -r Ac 0 M-A, W A. 99-444 - {419 z:.53 _~q - t2- 92- Phone Z 708 W<>+000V' (~1- SW Address O/Yfhp1o..) vJ~, 90..502- 300 943 -_1599 ____ Phone z.zo '3 I ( b IJi S,. 50, Address LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage ~.54-' Number of Single Fami!y Residential Lots 2 ~ Number of Commercial Lots o 5500 a lb.'" Number of Multifamily Resldeniial Lots 0 Number of Industrial Lots 0 Length In Public Streets Length In Private Streets --- Average Lot Area t; /00 << Fee in Lieu of Open Space () Total Acreage In Public Streets ~ Sz., 7 A" Total Acreage In Private Streets D Smallest Lot Area Total Acreage In Open Space -12_ ';. t I." i". /,., _' I) All of tl1e',informatlon on'the:r~y,~rl?~;~~I~t:iP~',t,l1is ,~p'p1.I~tl9"~,'ls required to:be'.f!led at the'tl.m~) of final plat submlttal'unless'a written. wa!veri,frQrnt1blil'Rlanne~'orc;,a,Q91!'leer acccmpanies,the application. After this office' h.as' received written 'ackm)~!~dQmen~;from;alj.'de,pa'rtnients required to sign the plat, the i egislati\le body will bef so advised arId a date'fora public meeting will'be set for theIr consideration Q, RECEIVED 'I< 'I< 'I< "'ONE ,THOUsAND:rIVEH.I1NPR.~Il DOr.I..ARS & 00 CENTS RECEIVED~ROIv1' EDDIE TRUE PO BOX 908 YELM,. WA; 985,97' D,ATEREC:NO :rld2~./0~ 16<?89 M::J:~CELLANEOUSRECEIPT< GRElTCfiEN NISQUALLY ESTATES FINAL PLAT IRllECEfflPT ~O~ 1,6q 8'$, / :4l\VlOLl!'ir :ri500.~0 CHECK REF 'Nth l .-, .t. ,11;4&, ~, " -~~r___',----..,---------..,__________~~ ______~ -.,~- ~ _,.__--, _ r~___~.__...__ NOV-20-2000 MON 09:55 AM HATTON GODAT PANTIER FAX NO. 13603576299 p, 01 HATTON GODAT PANTIER 2708 Westmoor Court SW Olympia, WA 98502 Phone. (360) 943-1599 - Fax (360) 357-6299 FAX TRANSMISSION TO- Cathy Carlson OF City ofYelm FAX#' 458-4348 FROM Dan BIles Project HGP#' 3939 Name NisquallY Estates Phase II DATE. 11/20/00 PAGE 1 of 8 Including this cover page. Please call liS if 1'011" fax is incomplete. Action requested t8J For your information 0 Please reply ASAP 0 Urgent 0 Please comment MESSAGE The BOS for the water & sewer are attached plus the warranty agreement and the plat conditions summary The covenants for Phase I also cover Phase II, therefore new ones are not requll:ed. co: Please direct this fax to the intended recipient. If you have received this transmission in error, please contact us immediately at (360) 943-1599 ThanK you HATTON GODAT PANTIER. Faxed by' Dan Biles Date: 11/20/00 Time Oocument2 NOV-20-2000 MaN 09:55 AM HATTON GODAT PANTIER FAX NO. 13603576299 P. 02 BILL-OF-SALE WATER This Bill of Sale IS made and executed this ~ day of ~;.JJ. , by and between HARR FAMILY HOMES, INC. hereinafter called the -Grantors" ana the CITY OF YELM. a Mumcipal Corporation, hereinafter called the "Grantee" WITNESSETH. That the Grantors for good and valuable consideratIon, the! teCeipt ofwmch IS hereby acknowledged, heteby conveys, sets over, assigns and warrants to the CITY OF YELM the fOllowing described property situated m Thurston County, State ofWashmgton, TO WIT All water mams together With valves, valve boxes, hydrants, piping, finings, and all other appwtenances as constructed WIthm the Phase n pomon of the Plat ofNisquallyEstates. The Grantors hereby warrant that they are the sole owners of all the property above conveyed, that they have full power to convey the same, and they will defend the tltle of saId grantee and any and all persons lawfully makmg claIm thereto. Dated at Yelm, Wash1l1gton this l..1!!.- day of ~~ , 20.aD.....- <<uJL Ct . 7V.~ Devdoper STATE OF WASHINGTON ) ) 55 COUNTY OF THURSTON ) On thIS ~ day of -AI ~t~ ' 20 UV, before me personally nppeared KIRK BARR to me known to be the ~,- of the corporation that executed the WithIIl and fon:golng m5tnunent, and acknowledged sald instrument to be the free and voluntary act and deed of said corporatlOil, for the uses and purposes therem mentioned, and On oath stated that he was authonzed to execute said instrument and that the seal affixed is the corporate seal of sa~d corporatIon. Page 1 01'2 NOV-20-2000 MON 09:56 AM HATTON GODAT PANTIER FAX NO, 13603576299 p, 03 GIven under ~x;\:1and:'and.,s,7,~1 thlS ~ day of ~ ,,,,,,,:~~::"'" I,. : ',' j': '''i~(:.;\ ~1? :' :"':" "U',. ,- ,-.',, , 1 ~ ,,;"'C!'.l ~}l \ '1. .;:.;, '<, u. , 20 (//J .t! j, :. {-:'IJI,I t ~.I ~'.J 1_ \ '.,J ~~. ff!f:t Notary Public In and for c State of WashII1gton, resIdmg at ~ My comnussion explIes:~~31 J4(;.2. (;.' System accc::pted by the City ofYelm th!S ~ day of , CITY OF YEtM .20_ By' E. \omce\sdh\word\3CJ39BOScol1l yelrn.doc Page 2 of2 NOV-20-2000 MON 09:56 AM HATTON GOD AT PANTIER FAX NO. 13603576299 p, 04 '. , BILL-OF-SALE SEWER Thts Bill of Sale IS made and executed this ~ day of ~ ' by and between IJARR F AMIL Y HOMES, INC. heremafter called the 'Grantors" an the CITY OF YELM, a Municipal Corporahon, heremafter called the "Grantee" WITNESSETH That the Grantors for good and valuable consideration, the receIpt of whIch 1S hereby acknowledged, hereby conveys, sets over. assIgns and W&.ITants to the CITY OF YELM the followmg described personal property situated In Thurston COunty, State of Washington, TO WIT All sanitary sewers together with force main valves and boxes, cleanouts, ptpm.g and all other appurtenances as constructed wlthm the Phase II portion of the Plat ofNisqually Estates. The Grantors hereby warrant that they art the sole owners of all the property above conveyed, that they have full power to convey the same, and they will defend the tide of said grantee and any and all persons lawfully making claim thereto. Dated at Yelm, WashlOgton this~ day of~i.LA1tM ,20-DlL f( d a ./YaM./ Developer STATE OF WASHINGTON ) ) S5 COUNTY OF TIillRSTON ) On this.~ day of ~ ' 20UV, before me personally appeared KIRK HARR to me known to be the --OW IU e rr." of the corporation that executed the Withm and foregomg mstt'Ument, md acknowledged said instrument to be the free and voluntary act and deed of said corporatlon, for the uses and purposes therein memiontld, and on oath stated that he was authorized to execute said instrument and that the seal affixed IS the corporate seal of said corporatIon. Page 1 of2 NOV-20-2000 MON 09:56 AM HATTON GODAT PANTIER , I FAX NO. 13603576299 P. 05 Given under\~,Y llaJ;lp,.and seal thIs ~ day Of.Ju~A ,20--"il " ...':' ., . , ., ,. . '! I r \.,' ; i' (I' ~ '/.:, . Notary PublIc m and for the State 0 Wa'hmgt,?,- residmg at ~"- My COmnuSSIOn expll'es. ~();). P I~, IJC . ...;.t { iLl .. " ,~:.'\ , ." " . System accepted ~;~hi;;ei;~\b\{"Y~lm dus _ day of ,20 - - CITY OF YELM By E:\ollicc\sdlJ\word\3939BOS sew yclm.doc Page 2 of2 NOV-20-2000 MaN 09:56 AM HATTON GOD AT PANTIER 1 ! FAX NO. 13603576299 p, 06 WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That WHEREAS BARR F AMIL Y HOMES, INC., (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a pohtical subdmsion of Thurston County of the State of Washington, (hereinafter referred to as the "C~ty") for the approval by the City of a certain plat of a subdiviSIon to be known as NISQUALLY ESTATES, a copy of which plat IS attached hereto and made a part hereof as "ExhibIt A", on which saId plat are shown areas offered by the Owner to be dedIcated to pubhc use as streets, alleys and other rights of way, and other public facilities and unprovements; and WHEREAS, It IS necessary m the interest of pubhc welfare that the areas so offeIed to be dedIcattld be constructed in accordance with the spec~fications hereinafter set forth; and WHEREAS, m accordance with the tenns ofRCW 58.17 and Title 16 of the Yelm MunICIpal Code, the City has adopted subdlVIslon regulabons which require that all improvements be constnlcted In a manner consistent with the City's development regulations; NOW nIEREFORE, to induce the City to approve sald plat and to accept the dedication ofsmd areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and Wlth the City as follows; The Owner unconditionally warrants to the City, Its successors and aSSIgns that, for a period of twlevc (12) months from the date of fmal plat approval, the ~mprovements reqUIred to be constructed and dedicated to the publIc under the terms of the plat will be free from defects and that the work will conform Wlth fue requuements and specifications of the Development Guidelines of the City Upon any breach of the foregoing Warranty and without hmiting the City's remedies for breach of warranty, the Owp.er agrees to promptly repaIr Or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at not cost to the City 2 In the event the Owner shall fail or neglect to fulfill hIs obligations under thIS agreement, the City shall have the right [0 construct or cause to be constructed, repaired or replaced pursuant to pubhc advertisement and receipt and acceptance ofb\(is, saId streets, utilities and other improvement$, as shown on saId plat, and the Owner shall be lIable to pay to and indemnify the City, upon completIon of such constructIOn, the final total cost to the City thereof, includmg bllt not limited to, engmeering, legal and contmgent costs together WIth any damages, either direct 01 consequennal, whICh the CIty may sustain on account of the failure of the Owner to carry out and execute aU of the proviSIOns of this agreement. 3 The obligations Imposed or Implied by this agreement shall not be assigned, transferred or assumed by any perSon or en11ty that is not a party to fins agreement without prior wnrten consent of the CIty Page 1 of2 NOV-20-2000 MaN 09:57 AM HATTON GODAT PANTIER FAX NO. 13603576299 ~;}JJSS WHEREOF, THE OVJNER has executed this agreement tblS ~ day of 'k{Ij/w1, ,2000 / E:\afticelsdh\\Vord\3939\VurT1\gmr ytlrn.do~ HARR FAMILY HOMES, INC. BY' ~uL Q 7Y~ I CI1Y OF YBLM By' i Page 2 of2 p, 07 NOV-20-2000 MaN 09:57 AM HATTON GODAT PANTIER I FAX NO, 13603576299 P. 08 SUMMARY OF HOW CONDITIONS OF FINAL PLAT WERE MET 1 Completed Phase I 2. Completed Phase I 3 Completed Phase I 4 Completed Phase I 5 No action required 6 Completed Phase I 7 Completed Phase I 8. Completed Phase I 9 Completed Phase I 10 Completed Phase I 11 Completed Phase I 12 No action requIred 13. A final drainage and erosion control plan has been submitted and approved by the Yelm Public Works Department. 14 Completed Phase I 15 Completed Phase I 16 Completed Phase I 17 Not applicable 18 Completed Phase I 19 Completed Phase 1 20 Completed Phase I 21 No corresponding number In the preliminary plat approval letter 22 Completed Phase I FAX TRANSMISSION CITY OF YELM PO BOX 479 - 105 YELM AVE W YELM WA 98597 360-458-3244 FAX. 360-458-4348 To: id Lt G ~lL- Fax#: 456 - JOB 3 From: ~(L C1({S()~ Date: / / I / "L (q 7 Pages: j , mcludmg thIS cover sheet. Subject: COMMENTS H~./rL tL-(L.- -Iei-. !/S5C.>50f '5 O!f!ce.-- (!om (f]M -f=, r5^- in If PM f- q- (f) r'/f r3 /c:.J~ -r- (}Jdl frdiJid'0 iflL- !of cJOSMG i1fb -1D f/?u0, f cuke./} q(}JG qd JI1e-- rY( (u-bL ( 10 u-uL. -Iz; /JIkJ2_. 04t ~IL ofh(-f cf~ plUL5G /mp{~ ~ cficl/I'frd -10 {tv ~(J-' ~~~ (!/~ ** If you do not receIve all copIes or any copy is not legible, please call (360) 458-3244 as soon as possible dsl c: \office\forms \fax. 3 HOLLIS H. BARNETI P.S. PATRICIA 1. BARNETI BRYCE H. DILLE, PS. SHANNON R. JONES DANIEL W SMITH BOYD S. WILEY CAMPBELL, DILLE, BARNETT, SMITH & WILEY, P.L.L.C. A PROFESSIONAL LIMITED LIABILITY COMPANY INCLUDING PROFESSIONAL SER VICE CORPORATIONS 317 SOUTH MERIDIAN P.O, BOX 488 PUYALLUP WASHINGTON 98371-0164 OF COUNSEL CHARLES W DENT ESCROW DEPARTMENT SUSAN BOAT LPO ROBERT D CAMPBELL (1906-2000) GILBERT PRICE (Retired) TELEPHONE (253) 848-3513 FAX (253) 845-4941 SENDER'S E-MAIL bryced@cdb-1aw.com WEBSITE www.cdb-Iaw.com October 17,2000 Via Facsimile (253) 539-1293 and Reeular First Class Mail Harr Farmly Homes Attn. Ed Elhott 2205 116th Street South, #200 Tacoma, W A 98444-1419 RECEIVED Ci C T. 1 , "OU.- '0' l.); ~ .~ L HARR FAMILY HOMES Re Nisquallv Estates Dear Ed. Enclosed you Will find the FIrst Amendment to the CC&R's addmg Division 1, Phase 2 and Division 2, Phase 2, mcluding the common area tracts for both of those divisions. As you can see, we have provided that the ownersrup of all of these tracts IS to be vested m the homeowners associatIOn and the notes relative to those tracts wruch are the park, tract I and tract D are also to be owned by the homeowners association. The notes m the plat need to refer to those three tracks and show title m the homeowners assOCiatIOn. I have prepared one smgle amendment which Will amend both sets of CC&R's that were prevIOusly recorded. It mayor may not be necessary to record thiS tWIC~ smce the onginal declaratIOn was also recorded twice. It will be necessary for you to fill in the tax parcel number With reference to these properties. Please review the enclosed and then give me a call. I remam. Very truly yours, CAMPBELL, DILLE, BARNETT, SMITH & WILEY, PLLC ~ 4. /J;;h J;/iw Bryce H. Dille BHD/tmc Enclosure 1:\DAT A\D\BHD\M\HARR\Nisqually\client.lOI700 After Recordmg Return to Bryce H. DIlle of Campbell, DIlle & Barnett POBox 488 317 South MeridIan Puyallup, W A 98371 FIRST AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NISQUALL Y ESTATES, DIVISION 1. PHASES 1 AND 2. AND DIVISION 2. PHASES 1 AND 2 Grantor Harr FamIly Homes, Inc., a Washington CorporatIOn Grantee Nisqually Estates Homeowners AssociatIOn Reference No of Documents to be Recorded. 3206024 and 3200625 Legal Descnption (abbreVIated) Parcel B of the Boundary Line Adjustment No BLA98- 8203YL, recorded January 13, 1999, under Thurston County AudItor's File No 3203716 and 3203725 m Thurston County, Washmgton. Complete legalIS on Page 4 of thIS document. Assessor's Parcel No This First Amendment to the Declaration of Covenants, Conditions and Restrictions for Nisqually Estates, Division 1, Phase 1, and Division 2, Phase 1 , IS made on this _ day of October, 2000 by Harr Family Homes, Inc., a Washmgton CorporatIOn (heremafter referred to as "Declarant") Background A. Declarant owns certam real property m Thurston County on whIch It is developmg the reSIdential commuruty ofNisqually Estates. Declarant has subjected portions of the property to the DeclaratIOn of Covenants, CondItions and Restrictions for Nisqually Estates DIVISIon 1, Phase 1 and DIVISIOn 2, Phase 1, which was recorded under Thurston County AudItor's Recordmg Numbers 3206024 and 3206025 Pursuant to Article I, SectIOn 4, the Declarant may umlaterally, subject to the provisIOns of the above referenced DeclaratIOn, and addItional real property and therefore the Declarant now deSIres to subject Nisqually Estates DIviSIOn 1, Phase 2, and Nisqually Estates DIvision 2, Phase 2, recorded concurrently with thIS First Amendment under Thurston. County AudItor's Recording Numbers and FIrst Amendment I:\DA T A\D\BHD\M\HARR\Nisqually\First Amendment Page 1 of 4 to the provlSlons of the DeclaratIOn of Covenants, CondItions and Restrictions for Nisqually Estates referred to above. Declaration 1 Addition of Division 1. Phase 2. and Division 2. Phase 2. Declarant hereby declares that the property described m ExhIbIt "A" is and shall be held, transferred, sold, conveyed and occupIed subject to the covenants, condItIOns, restrictIOns, easements, charges, and lIens, set forth m the DeclaratIOn of Covenants, CondItIOns and RestnctIOns for Nisqually Estates DIvIsIOn 1, Phase 1 and DIvision 2, Phase 1, recorded WIth the Thurston County AudItor under Recordmg Numbers 3206024 and 3206025 2. That ArtIcle III, DefirutIOns, and specIfically paragraph 12 shall be amended to read as follows 12 "Lots" shall mean Lots 1 through 31 mclusIve of Nisqually Estates- DIvlSlon 1, Phase 1, and Lots 73 through 103 ofNisqually Estates-DIvision 2, Phase 1, and Lots 32 through 60 whIch are contamed m Nisqually Estates- DIvisIOn 1, Phase 2, and Lots 61 through 72 and 104 through 120 mclusIve ofNisqually Estates-DIvIsIon 2, Phase 2. 3 That ArtIcle V, Common and Easement Areas, and specIfically paragraph 1, shall be amended to read as follows 1 DescnptIOn of Common Area. The common areas shall include the easements as further described below together WIth the following tracts wlnch shall be owned by the homeowners aSSOCIatIOn and whIch tracts are as follows. Tracts A, C, D, G, H, and I are storm water retention facilIties and the tract "the Park" shall be used for park and open space purposes and aU of the above referenced tracts shall be owned and mamtamed by the homeowners assocIatIOn and the Declarant does hereby coney and qUIt claIm to the homeowners assOCIatIOn all of the Declarant's nght, title and interest m and to the above referenced tracts and that the homeowners associatIon shall have the responsibIlIty to mamtain the same The above referenced tracts that are storm water retention faCIlItIes shall be maintamed by the homeowners assOCIatIOn pursuant to a storm water facIlIties maintenance agreement to be entered mto WIth the CIty of Yelm. An easement IS hereby granted to the CIty of Yelm over and across all of the above referenced tracts for access and maintenance purposes for emergency or default. FIrst Amendment I:\DA T A \D\BHD\M\HARR\Nisqually\First Amendment Page 2 of 4 -, 4 That Article V, Common and Easement Areas, and specIfically paragraph 6, shall be amended to add tract D and tract "the Park" to the common areas to be maintamed and improved by the homeowners association. 5 That all other terms and conditions of the above referenced DeclaratIOn shall remam m full force and effect except as expressly amended and modified herem. In Witness Whereof, the underSigned have caused this First Amendment to be executed tlus _ day of October, 2000 Harr Family Homes, Inc., a Washington Corporation By: Kirk Harr, President STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) On this _ day of , 1998, before me, the undersigned, a Notary Pubhc in and for the State of Washington, duly commissioned and sworn, personally appeared KIrk Harr, to me known to be the President, respectively, ofHARR FAMILY HOMES, INC., a Washmgton CorporatIOn, the corporatIOn that executed the foregomg instrument, and acknowledged the said mstrument to be the free and voluntary act and deed of Said corporatIOn, for the uses and purposes therem mentIOned, and on oath stated that they are authonzed to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above wntten. PrmtedName: NOTARY PUBLIC m and for the State of Washmgton, resldmg at My commission expIres. First Amendment I:\DA T A \D\BHD\M\HARR\Nisqually\First Amendment Page 3 of 4 Exhibit" A" Legal Description Parcel B of the Boundary Lme Adjustment No BLA98-8203YL recorded January 13, 1999 under AudItor's File Nos. 3203716 and 32037256, m Thurston County, Washington, except that portIOn known as the plat ofNisqually Estates DIvision 1, Phase 1 recorded January 22, 1999 under Auditor's File No 3206024 and except that portIon known as the plat of Nisqually Estates DIvision 2, Phase 1 recorded January 22, 1999 under AudItor's File No 3206025, records of Thurston County, Washmgton. First Amendment to Declaration I:\DA T A \D\BHD\M\HARR\Nisqually\First Amendment - Page 4 of 4 j" ( ~ l.) After Recordmg Return to Bryce H. Dille of Campbell, Dille & Barnett PO Box488 317 South MendIan Puyallup, WA 98371 ~(' ~t, ./ ), .~,,~ ...' I DE CLARA TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR NISQUALLY ESTATES- DIVISION 1, PHASE 1 NISQUALLY-DIVISION 2, PHASE 1 Grantor. Harr Family Homes, Inc, a Waslungton CorporatIon Grantee Nisqually Estates-DIVIsIon 1, Phase 1 Nisqually-DIVIsIon 2, Phase 1 Legal DescnptIOn (abbreVIated) Lots 1 through 31, Nisqually Estates-DIVISIon 1, Phase 1 and Lots 73 through 103 of Nisqually Estates- DIVISIon 2, Phase 1, recorded under Thurston County Auditor's Recording Nos. .3 Z-0C0 02'4 ,3Zllb 02. s:- Complete legalIs on Page 2 of document. Assessor's Parcel No THIS DECLARATION IS made tlus J 7,'# day of November, 1998, by HARR F fu"\'IIL Y HONIES, L"-J"C , a Washmgton CorporatIOn, (Declarant) Declaration of Covenants, CondItions and RestnctIOns Page 1 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 Iff '.f' lllllll III 11111111111 cov $4S SS 3206026 Page 2 of 33 Sl/22/1999 69 55A Thurston Co, ~A ( I. BACKGROUND 1 Declarant IS the owner of certaIn real property m Thurston County, Wash1ngton, described as Lots 1 through 31, mclusIve ofNisqually Estates-DIVision 1, Phase 1 recorded under Thurston County Auditor's Recording No '320 (., 0 ~ '-f ' and Lots 73 through 103, mclusIve of Nisqually Estates-DIVision 2, Phase 1, recorded under Thurston County Auditor's Recording No =3 C ~ 0 c..s:- 2 Declarant IS also the owner of certam real property sItuated In Thurston County, Washmgton described as a portlon of the Northwest quarter of the Northeast quarter of SectiOn 5, Townslup 17 N, Range 1 East of the W.M, wluch will be platted into lots and knmvn as Nisqually Estates- DIViSiOn 1, Phase 2 and Nisqually Estates-DIVisIon 2, Phase 2 3 Declarant mtends to create on the property described m Paragraph 1 above together wIth the other property whIch IS described m Paragraph 2 above a reSIdential commuruty known as Nisqually Estates. 4 Declarant desIres to preserve and enhance the property values, amerutIes, and the OpporturutIes m the above described reSIdentIal commuruty and to proVide for the health, safety, and welfare of reSIdents, and to tlus end, desIres to subject the welfare of reSIdents, and to tlus end, deSIres to subject the property described m Paragraph 1 above, together WIth such additions as may be made to the property as set forth m Paragraph 2 wluch will be done by amendment to tlus declaration and furthennore subject to the property the covenants, restnctIons, easements, charges, and liens set forth m tlus declaration, each and all of whIch are for the benefit of the property and each owner 5 Declarant has Incorporated the Nisqually Estates Homeowner's ASSOCiatiOn to proVIde for a means of meetmg the purposes and Intent set forth m thIs Declaration. ll. DE CLARA TION 1 Declarant deciares that the property described m Article 1 Paragraph 1 above shall be held, transferred, sold, conveyed, and occupIed subject to the covenants, restnctIons, easements, charges and liens set forth In tlus declaration, together WIth the property described In ArtIcle I, Paragraph 2, above as will be subsequently added In the future by amendment to tlus Declaration. Declaration of Covenants, Conditions and Restrictions Page 2 I:\DATA\D\BHD\M\HARR\Nisqually\ZDec1aration of Covenants (Nisqually)\127 " 1111IWMIIIIIIIII 11111111111111111111111 11111111 COl) $4S SS 3206026 Page 3 of 33 81/22/1999 &9 55A Thurston Co, l.JA ( 2 Further, Declarant delegate and assIgn to the NISQUALL Y ESTATES HOMEOWNER'S ASSOCIATION, the power of maintaining, administering and enforcmg the covenants and restnctIons, collectIng and disbursmg the assessments and charges created 10 tlus DeclaratIon, and promotmg the health, safety, and welfare of the reSIdents. ID. DEFINITIONS I "ACC" shall mean the Arclutectural Control COmmIttee as described 10 tills DeclaratIOn. 2 "Articles" shall mean the ArtIcles of IncorporatIOn of the AsSOCIatIon as defined below 3 "AssocIatIOn" shall mean the NISQUALLY ESTATES HOMEOWNER'S ASSOCIATION, a Waslungton nonprofit corporatIOn, Its successors and aSSIgns. 4 "Board" or "Board of DIrectors" shall mean the Board of DIrectors of the AsSOCIatIOn. 5 "By-Laws" shall mean the By-Laws of the AsSOCIatIOn as they may from tIme to time be amended 6 "Common Area" shall mean the real property and easements as described 10 tills declaratIOn. 7 "Declarant" shall mean HARR FAMILY HOMES, INC, a Wasillngton Corporation, and Its successors and aSSIgns. If such successors or aSSIgns should (1) acqUire more than one lot from the Declarant for the purpose of development, and (2) be speCIfically aSSIgned the nghts and dutIes of Declarant by wntten mstrument m recordable form. That at such time a Declarant named above IS no longer the owner of any lot and such party shall no longer be conSIdered a Declarant, they have the nghts, dutIes, and oblIgatIOns of a Declarant as set forth herem. 8 "DeclaratIOn" shall mean this DeclaratIOn of Covenants, CondttIons, RestrictIOns and Reservations for NISQUALL Y ESTATES HOMEOWNER'S ASSOCIATION, and any amendments thereto DeclaratIOn of Covenants, COndItIons and RestnctIOns Page 3 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqua11y)\127 11"111 "I" 11\\1 \1\1\1\ \1\1\ 1\11 I'I"J~ "III ~~ \~\ CITY OF YELM 3206026 ~ Page 4 of 3J Sl!22!1999 S9 55A Thurston COI \.lA I-I ( 9 "Easement Areas" shall mean the real property described- m the easement areas, which shall be used for the benefit of all resIdents. 10 "First Mortgagee" shall mean a lender who holds the first mortgage or deed of trust on a lot and who has notIfied the AssociatIon m wntmg of his holdmgs. 11 "Home" shall mean a structure located on a single family lot which IS designed and mtended for use and occupancy as a reSIdence by a smgle family or whIch IS mtended for use m connectIOn WIth such reSIdence. 12 "Lots" shall mean Lots 1 through 31 mclusIve of Nisqually Estates-DIVIsIon 1, Phase 1 and Lots 73 through 103 ofNisqually Estates-DIVISIon 2, Phase 1, and also shall mean lots whIch shall be created m the future whIch are contamed in Nisqually Estates-DIvisIOn 1, Phase 2, and Nisqually Estates-DIvisIOn 2, Phase 2 13 "Member" shall mean every person or entIty who holds membershIp m the AssocIatIOn. 14 "Mortgage" shall mclude a deed of trust or other secunty mstrument. 15 "Mortgagee" shall mean the benefiCIal owner or the aSSIgnee of the benefiCIal owner or ItS deSIgnee, of an encumbrance on a lot created by a mortgage and also mean the vendor or aSSIgnee or deSIgnee of vendor of a real estate contract for the sale of a lot. The Mortgagee shall be deemed a separate Mortgagee for each lot on whIch It holds a Mortgage whIch constItutes a first hen on SaId lot for purposes of deternurung the percentage of first Mortgagees approvmg a proposed deCISIon or course of actIon. Mortgagee shall have the same votmg nghts as the owners on any lot subject to such Mortgage. 16 "Owner" shall mean every person or entIty, mcludmg Declarant, whIch IS a record owner of the fee SImple tItle to any lot, or If any lot IS sold under real estate contract, the vendee or vendees under that contract, proVIded however, that the term "Owner" shall not mclude those haVIng such mterest merely as secunty for the performance of an obligatIOn. 17 "Property" shall mean the real property described above 18 "Structure" shall mean any bUIldmg, fence, wall, pole, dnveway, walkway, or the hke DeclaratIOn of Covenants, CondItIons and RestrictIOns Page 4 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\ 127 l 11~11[III~IIIIIIIII 11111 1111111111111 1111111111111 cau $4S SS 3206026 Pa9~ 5 of 33 Sl/22/1999 S9 55A Thurston Co, ~A ( IV. PROPERTY SUBJECT TO THIS DE CLARA nON AND ADDmONS THERETO 1 The Property. The real property wruch IS subject to trus DeclaratIon IS described m ArtIcle 1.1 and wruch IS described m ArtIcle 1 2 wruch will be added by amendment to thts DeclaratlOn. v. COMMON AND EASEMENT AREAS 1 DescnptIon of Common Area. The common areas shall Include the easements as further described below together WIth the folloWIng tracts and each lot ownersrup shall have an undIVIded equal mterest for tax: purposes m all of the followmg described tracts Tracts A, C, G, H, and I are stonn water retentlOn facilItIes and shall be owned and mamtamed by all lot owners m common and each shall have an equal and undIVIded mterest m the same and shall be mamtamed by the homeowner's assocIatlOn pursuant to a stonn water facilIty's mamtenance agreement to be entered mto WIth the CIty of Yelm. An easement IS hereby granted to the City ofYelm over and across the above referenced tracts for access and mamtenance purposes for emergency or default. 2 DescnptIon of Easements. A The declarant has establIshed a pedestnan easement and shown as Tract N SaId pedestnan easement shall be SIX (6) feet WIde, SIgned, graveled, and fenced. The fence shall be SIX (6) feet m heIght of solId matenal and set back twenty (20) feet from the pubhc nght of way The homeowner's assocIatlOn shall be responsible for the mamtenance of saId pedestnan easement and fence adjacent thereto B The declarant has estabhshed for the benefit of all lots easements for draInage, utilItIes, landscapmg, entrance and monument areas, and the constructlOn and mamtenance of fencmg. The above described easements are reserved for the benefit of all lot owners and the AsSOCiation for the purpose of mstallmg, maIntaIrung, and repaInng any Improvements or utIlItIes constructed WIthm SaId easement areas. All utilIty and servIce orgaruzatlons mcludmg the City ofYelm and Thurston County, shall have the nght enter upon the easement areas at all tImes for the purposes herem statement and shall, to the extent reasonable and practIcal, restore the easement areas follOWIng mstallatIon, mamtenance or repaIr to theIr pre-work condItIon. DeclaratIon of Covenants, ConditIons and RestnctlOns Page 5 I:\DA TA \D\BlID\M\HARR\NisqualIy\ZDeclaratlOn of Covenants (Nisqually)\127 l/(llllll~llllllllllllllllll 11111111111111111111111111 M COV $4S SS 3206026 Page S of 33 81/22/1999 89 55A Thurston Co, IJA , r C On each lot an easement IS reserved over and aGross a five foot stnp of land adjacent to the sIde boundary hnes (except any street boundary Imes) and a ten foot WIde stnp of land adjacent to the rear property lines. The easements on the stnps of lands on the sIde boundary and back boundary oflots shall be linuted to dramage and to utihtles that benefit only to the lots WIthIn the plat and no utility lines may be put m those stnps of land on the s1de and back of lots wluch benefit property other than the lots witlun the plat. D The Declarant does hereby reserve for the benefit of the Assoc1atlOn an easement over all lots for the purpose of penruttmg the AssoclatlOn to perform 1tS duties and reqUlrements under these covenants. 3 Use of Common Areas. Each owner shall have the nght to use the common areas m common WIth all other owners subject to tlus declaratlOn, the by-laws, and any rules and regulatlOns adopted by the Assoc1atlOn as the follOWIng: (a) The ASSOCIatIon may totally ban or restnct the use ofportlOns of the common area and easements for ordmary use would be dangerous, would unreasonably mcrease the AssoclatlOn costs, or be detnmental to the enVlfonment. (b) The AsSOCIation shall have the right to suspend the VOtIng nghts and nght to use any recreatlOnal facilitIes on the common area by any owner for any penod dunng wluch any assessment agamst SaId owner's lot remams unpatd for a penod not to exceed 60 days, for any and each separate, mfractlOn of the AssoclatlOn rules and regulatlOns (C) If any portlOn of the property WIthm the plat constttute wetlands buffer or wetlands area, those areas are subject to restnctlOns promulgated by the State of Waslungton and the County of Thurston and any other supplemental regulatlOns establIshed by the ASSOCiation conS1stent WIth the above referenced governmental restnctlOns and regulations 4 Owners' Easements of EnJoyment. Each Owner shall have the benefit of the "easements areas" and the "common areas" as defined above wluch shall be appurtenant and shall pass WIth the title to every lot subject to the follOWIng proVlslons (a) The nght of the AsSOCIation to adopt reasonable rules goverrung the use of the Easement Areas and the personal conduct of persons authonzed to use saId areas, and to estabhsh appropnate penaltIes for the Vlolatlon of those rules. Declaratton of Covenants, ConditlOns and RestnctlOns Page 6 I:\DA TA \D\BlID\M\HARR.\Nisqual1y\ZDec1aration of Covenants (Nisqual1y)\127 11111I11111I1111111111 rlTY OF Y[LM COU $4S sa 3206026 Page 7 of 33 Sl/22/1999 S9 55A Thurston Co, ~A ( ! (b) The nght of the AsSociatIon to dedicate or transfer all or any part of the Easement Areas to any public agency, authonty, or utility for the purpose for wIuch such Easement Areas were constructed. 5 Delegation of Use. Any Owner may delegate lus nght of enjoyment to the Easement Areas and the Common Areas and facilities to the members of lus family, Ius tenants, or Ius guest, subject to the liffiltatIOns set forth above 6 AssoCIatlon to Mamtam. The AsSOCIatIon shall maIntaIn, reparr, replace and Improve the common areas mcludmg but not hffilted to Tracts A, C, G, H, and I, the pedestnan easement area deSIgnated and shown as Tract N on the face of the plat mcludIng the fence adjacent thereto, street lights and lightmg uany, whIch are the responsibihty of the AsSOCIatIOn to maIntam, all fencmg constructed by the Declarant for the benefit of the reSIdents, mailbox areas If any, constructed by the Declarant, all facihtIes and unprovements situated WltIun the common areas, utihty charges and electnclty for any street hghtIng to be mamtaIned by the AsSOCIatIon as well as lITIgatIon charges for mamtammg the landscaped areas, the storm water dramage system, and any other expenses approved by the Board of the AsSOCiatIOn wruch are for the benefit of all lot owners. The AssocIatIOn shall also mamtam hablhty and casualty Insurance m such amounts as may be detennmed by the Board of the Homeowner's AsSOCIatIOn and the cost of saId msurance shall be patd from assessments as proVIded for herem. The ASSOCIatIOn shall also have the nght to employ such managers or management comparues as IS necessary m order to asSIst the AsSOCIatIon and discharge ItS dutIes and oblIgatIOns under tills agreement m adnurustenng the affatrs of the ASSOCiatIOn. All of the above expenses shall be paId by the homeowner's aSSOCiatIOn from the assessments collected from the lot owners as proVIded for herem. 7 A DelegatIOn to Manager The board of dIrectors may delegate any of ItS managenal dutIes, powers or functIons to any person, firm or corporatIOn proVIded that any management agreement for the project shall be temunable by the AsSOCIatIOn for a cause upon thIrty (30) days wntten notIce, and the term of any such agreement may not exceed one (1) year renewable by agreement by the partIes for succeSSIve one (1) year pen ods The members of the board of dIrectors shall not be lIable for any onusslon or Improper exerCIse by the Manager of any duty, power or functIons so delegated by wntten mstrument executed by a maJonty of the board of dIrectors DeclaratIOn of Covenants, CondItIons and RestnctIOns Page 7 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 II " 111111I1111I111111 nry nF' YElM COli $4S SS 3206026 Page 8 of 33 S1/22/1999 S9 55A Thurston Co. ~A J l VI. HOMEOWNER'S ASSOCIA nON 1 Membershtp Every Owner of a Lot shall be a Member of the AssocIatlOn. Memberslup shall be appurtenant to and may not be separated from ownership of any Lot. When more than one person holds an mterest m any Lot, all such persons shall be Members. Ownerslup of a Lot shall be the sole qualtficatIon for membershtp 2 Votmg. Each lot shall vest m Its owners With one vote on all matters. No lot shall be entItled to more than one vote. Lots owned by a husband and WIfe, or Jomtly by more than one mdIVIdual or entity, shall be entItled to only one vote per lot by the lot owners cumulatIvely and not mdividually Matters mvolving the capItal Improvements of the common areas shall reqUIre an affirmatIve vote of SIxty-SIX percent (66%) Matters mvolVIng View nghts, amendments to tlus DeclaratIon and mcorporatIon of the Homeowner's AsSOCIatIon shall reqUIre an affirmative vote of seventy-five percent (75%) All other matters shall reqUire an affirmatIve vote of fifty-one percent (51 %) unless otherwIse stated elsewhere m tlus DeclaratIon or amendments thereto 3 Meetmgs. Subsequent to such time as the Declarants shall no longer have the nght to appomt dIrectors under Paragraph VI( 12), the AsSOCIatIon may schedule regular meetmgs at least once a year Other speCIal meetmgs may be called m accordance With the terms and prOVISIons of the by-laws of the AsSOCIatIOn. Minutes shall be kept at such meetmgs wluch shall mclude a record of all votes taken. 4 LIability Insurance. The AssocIatlOn may mamtam habihty and/or hazard msurance covenng the common areas and work performed by or on behalf of the AsSOCIation. 5 Dues. Assessments. Assessments as proVided for herem shall be on an annual or other penodic basIS as detenruned by the board of dIrectors of the Homeowner's AssocIatlOn. 6 Common Expenses. That the expenses wluch shall be consIdered expenses m common WIth all of the lot owners, are those set forth m Article V, Paragraph 6 Common expenses shall be mclusIve of the cost of habihty and casualty msurance whatever amount IS reasonable and deemed appropnate The responsibihty for the common expenses shall be adrrurustered by the AssocIatlOn. DeclaratIon of Covenants, Conditions and Restrictions Page 8 I:\DA TA \D\BlID\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 " " " 1111I11111 ""11 rlT't nF" 'In H cou S4S SS 3206026 Page 9 of 33 Sl/22/1999 S9 55A Thurston Co, l-IA 7 Lien for Failure to Pay In the event any party fails to pay, WIthm 30 days of recelvmg a bill for their portion of the expense, then the Association may file a hen, substantially m the form of a labor and material lien. The lien shall be a lIen agamst the property of the non-paymg party and forecloseable m the same manner as a labor and matenals Ime, Without, however, the reqUlfement to file SUIt WithIn eight (8) months. The lIen shall have perpetual eXistence until paId and released by a recorded lien release. The unpaId balance shall bear mterest at the lughest legal rate until paId and the non-paymg party shall be liable for costs and attorneys fees expended m any collection action including but no limited to the foreclosure of the Ime Sale or transfer of any lot shall not affect the assessments as to payments thereof wluch became due pnor to such sale or transfer whether a hen IS filed pnor to the sale or not. No sale or transfer shall relieve such lot from liability for any assessment, dues or other charges thereafter becommg due or fro_m the hen thereof The word "mortgage" shall mclude a "deed of trust" or real estate contract. That not withstandmg any of the proVISions set forth herem, m the event of any sale or transfer of any lot pursuant to or as the result of a foreclosure of a mortgage or deed of trust, or by deed or assignment m heu of foreclosure, or any proceedmg m lieu thereof, such possessor, ItS successor, and assigns shall not be lIable for the share of the common expense or assessments made by the AsSOCiatIon chargeable to such lot wluch became due pnor to such possessIOn. The unpaId share of common expenses or assessments shall be deemed to be a common expense collectible from all of the owners, mcludmg such possessor, lus successors, and assigns 8 SubordmatIon of LIen. Any hen allowed or proVIded by tlus declaratIOn shall be considered subordmate and mfenor to any bona fide first mortgage or first positIOn deed of trust (but not to a real estate contract) where the lender under such first mortgage or deed of trust IS a bank, saVIngS and loan, F.HA, V.A, or other mstltutIonallender If required by such mstltutIOnal lender, the holder of a lIen provided for herem, whether the holder be the Declarants, the ACC, the AssociatIOn, a lot owner, or otherwIse, Will execute a standard form subordmatlon agreement to effect the purposes of tlus proVISion. Tlus proVISion shall also apply to refinancmg of an eXlstmg first position mortgage or deed of trust where the refinancmg lender IS an mstltutIOnallender as above described. Tlus provlSIon shall not apply to any sale of all or part of any lot where the lot owner, subject to an eXlstmg hen, carnes the sale contract or deed of trust, or otherwIse acts as lender to a purchase of the hened lot. Except as proVided above, no hen allowed or prOVided by tlus Declaration shall be effected by a sale, transfer or refinance of the hened lot or lots. 9 Personal Liability Each assessment, dues, or other charges, together With mterest, costs, and reasonable attorney fees shall also be the personal oblIgation of the owner of the lot DeclaratIOn of Covenants, Conditions and Restnctlons Page 9 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 11111111111I1111111111 I~ TTV nf:" Vf:"1 M l.OU S49 99 3206026 Page IS of 33 SI/22,'1999 S9 5511 Thurston Co, ~A ( at the tune such assessment, dues, or other charge became due. The personal oblIgation of such owner s hall not be relieved by sale or transfer of the lot, and shall not become the personal obligatIon of the owner's successors ill illterest unless expressly assumed by them. The new owner shall be personally liable for assessments, dues, or other charges wluch become due on or after the date of sale or transfer ProVIded that, nothIng ill tlus sectlon shall relIeve the lot from l1abihty for such dues, assessments, or other charges, or the lIen therefore. 10 Rate of Assessment Except as proVIded for herem, annual or regular and specIal assessments shall be at a uruform rate for all lots. 11 DIrectors. The Declarants shall act or appomt the board of dIrectors until such tune as 75% of the lots have constructed on them a resIdence and have been sold and conveyed to other than builders. After 75% of the lots have had resIdences constructed on them and saId lots have been conveyed to other than builders, then the Declarants m accordance WIth the by- laws shall conduct by mail an electIOn of a board of dIrectors and shall then act m accordance and ill connectIon WIth the tenus and proVISIOns of the ArtIcles ofIncorporatIOn, By-Laws, and tlus DeclaratIOn. 12 ASSOCIatIOn OblIgatIOn. The AsSocIatIon shall be oblIgated to perform the mamtenance and repatr as more specIfically set forth In Paragraph V (6), prOVIded that If any work is reqUired as a result of any neglIgent or illtentIOnal act or adrrussIon of any owner, or the owner's agent, family or tenants, than the cost of such work shall be patd for exclUSIvely by such owner and shall become a part of the assessment leVIed agatnst such owner's lot or lots. 13 MaIntenance Contract. The AsSOCIatIOn may enter Into contracts for the mamtenance and repatr of any area reqUired to be matntaIned or repatred by the AsSOCIation. Such contract shall be SIgned by the board of dIrectors on behalf of the AsSOCIatIon or by the Declarants actmg as the board of dIrectors so long as the Declarants IS actIng on the board of dIrectors Vll. OFFICERS The Board of DIrectors shall appoInt mdIVIduals to serve as President, Treasurer and Secretary Each officer shall be a member of the Board. The term of each officer shall be one year Officers may be elected to consecutIve terms. DeclaratIOn of Covenants, ConditIOns and RestrictIons Page 10 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\ 127 JUIJ,J IIIIIIIIUI U J 3206026 Page 11 of 33 81/22/1999 89 55A Thurston COI ~A -f~F I I VID. INCORPORA nON The Association shall be mcorporated under the laws of the State ofWaslungton and may apply for tax exempt status with the IRS The Articles of AsSOCiation and Bylaws shall not be contradictory to and shall supplement tlus Declaration. IX. EXTRAORDINARY USE COSTS In the event that one or more lot owners should by their use of the common areas cause It to be subjected to other than reasonable wear and tear or by therr actlOns damage those common areas or any improvements located thereon or therem, then mdiVIdual subjectIng the common area to such use shall Dave the obhgatlOn to repalr such damage upon demand by the ASSOCIation and to restore such common area to the conditlOn that eXIsted pnor to such use or actlOn and all expenses therefore shall be pald by such indlVldual. X. ASSESSMENTS 1 Covenants for Mamtenance Assessments. (a) Declarants, subject to the proVIsIOns oftlus DeclaratIon for each lot owned by It agrees and each owner oflot by acceptance of a deed therefore, whether or not It shall be so expressed In any such deed or other conveyance, IS deemed to agree to pay to the ASSOCiation (i) annual or other regular assessments, and (ii) specIal assessments for capital Improvements. (b) The annual or other regular and Special assessments, together WIth Interest, costs and reasonable attorney's fees, shall be a charge and a contmumg lIen upon the Lot agamst wluch each such assessment IS made. Such lien may be foreclosed by the AsSOCiatIOn In like manner as a Mortgage on real property ( c) Each assessment, together WIth mterest, costs, and reasonable attorney's fees, shall also be the personal obligatIon of the person who was the Owner of the Lot assessed at the tIme the assessment feU due The personal obligatIon shall not pass to the Owner's successors-m-mterest unless expressly assumed by them. The new Owner shall be personally lIable for assessments wluch become due on and after the date of sale or transfer DeclaratlOn of Covenants, CondItIons and Restnctlons Page 11 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 .l11l11~/~f ~IIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111 cou S4S SS 3206026 Page 12 of 33 &1/22/1999 &9 SSA Thurston Co, J.JA VIII. INCORPORA nON The AsSOcIatIOn shall be mcorporated under the laws of the State of Was lung may apply for tax exempt status Wlth the IRS The ArtIcles of AssocIatIon and Byla' not be contradictory to and shall supplement tlus DeclaratIon. IX. EXTRAORDINARY USE COSTS In the event that one or more lot owners should by theIr use of the common are, It to be subjected to other than reasonable wear and tear or by theIr actIOns damaf conunon areas or any improvements located thereon or therem, then mdIVIdual subJec conunon area to such use shall have the oblIgatIOn to repaIr such damage upon demanl AsSOCIatIon and to restore such common area to the conditIOn that eXIsted pnor to 5 or actIon and all expenses therefore shall be paId by such mdlVldual. X. ASSESSMENTS 1 Covenants for MaIntenance Assessments. (a) Declarants, subject to the prOVISIons oftlus DeclaratIon for each 10 by It agrees and each owner of lot by acceptance ofa deed therefore, whether or not It so expressed in any such deed or other conveyance, IS deemed to agree to pa; ASSOCIatIon (i) annual or other regular assessments, and (ii) speCIal assessments fo Improvements. (b) The arulUal or other regular and SpecIal assessments, together WIth costs and reasonable attorney's fees, shall be a charge and a contInuIng lIen upon agaInSt whIch each such assessment IS made Such lIen may be foreclosed by the As5 In lIke manner as a Mortgage on real property (c) Each assessment, together Wlth mterest, costs, and reasonable ai fees, shall also be the personal obligatIOn of the person who was the Owner of the Lot at the tIme the assessment fell due The personal obligatIon shall not pass to the successors-m-mterest unless expressly assumed by them. The new Owner shall be p<: lIable for assessments whIch become due on and after the date of sale or transfer DeclaratIon of Covenants, ConditIons and Restrictions Page 11 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 j 1(llllll~l ~/IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII cau f4S SS , I 2 Purpose of Assessments. The assessments levied by the AssoCIatIon shall be used exclusIvely for the purpose of promotIng the recreatIon, health, safety and welfare of the resIdents of the Property, including the unprovement, repaIr and maIntenance of the Common Areas and the semces and facihtIes related to the use and enjoyment of SaId areas, for the payment of msurance prezruums on the Common Areas, and for the maIntenance of other areas as proVIded for In tlus DeclaratIon. 3 Board to Fix Annual or Regular Assessment. The Board of DIrectors shall fix the regular or annual assessment at least tlurty (30) days pnor to the commencement of the annual or regular assessment penod. Wntten notice of the annual or regular assessment shall be sent to every Owner In the event the Board fails to fix an annual or regular assessment for any assessment penod, then the assessment established for the annual or regular assessment for the pnor year shall automatIcally be contInued until such tIme as the Board acts. The annual or regular assessment establIshed for the pnor year shall automatIcally be contInued until such tIme as the Board acts The annual or regular assessments shall be suffiCIent to meet the oblIgations Imposed by the DeclaratIon and any supplementary declaratIOns, and shall be suffiCIent to establIsh an adequate reserve fund for the maIntenance, repaIr and replacement of those Common Areas wluch reqUIre such actIOns on a pen OdIC baSIS. That In the event there IS any mcrease In the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the pnor assessment penod, then It must be approved as provided for m SectIon 2, ArtIcle X of the Bylaws of the AsSOCIatIon wluch are mcorporated as herem as though fully set forth. 4 SpecIal Assessments for CapItal Improvements. In addItion to the annual or regular assessments authonzed above, the AssocIatlOn may levy m any assessment year, a speCIal assessment applIcable to that year only, for the purpose of defraYIng, In whole or m part, the cost of any constructIOn or reconstructlOn, unexpected repaIr or replacement of capItal Improvements upon the Common Area, mcludmg the necessary fixtures and personal property related thereto That any specIal assessment for capItal Improvements must be approved m accordance WIth the proVISIons of SectIon 3 of ArtIcle X of the Bylaws of the ASSOCIatIOn wruch are mcorporated herem as though fully set forth. 5 Rate of Assessment. Both annual or regular and specIal assessments shall be fixed at a uruform rate for all Lots 6 ImtIatlon Fee. The lIUtlatlon fee wruch will be paId by each lot owner at the tIme of closmg of each lot shall be $250 00 wruch will be paId at tIme of clOSIng and wruch amount DeclaratIon of Covenants, ConditIons and RestrictIOns Page 12 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 II 111I I I lIlI I Ill. "I I II rlTY or YflM LOU S48 sa 3206026 Page 13 of 33 61/22/1999 89 55A Thurston Co, ~A shall be pald directly to Declarants to partially reimburse Declarants for expenses associated WIth unprovements mstalled by Declarants on behalf of the AsSOCIatIOn. 7 IrutIal Assessment. The lIDtIal assessment until changed by action of the AsSOCiatIOn shall be $120 00 per year for each lot and will be paid at the time of closrng of each lot whIch amount shall be pald to the AsSOCIation rn an amount equal to the prorated portIon of the lrutlal assessment agamst that lot for the balance of the calendar year Commencrng on the 1 Sl of January of each year subsequent to the date of closrng the sale of a lot from the Declarant, the purchaser and successors and asSIgns shall pay an annual assessment of$120 00 per year whIch will be due and payable on or before the 151h of January of each year In the event the expenses of the AsSOCIatIOn are m excess of the assessments collected, then the Declarant agrees to pay the dIfference to the ASSOCIatIon as long as the Declarant IS still the owner of any lot. However, the Declarant shall be entItled to be reImbursed the payment of any such dIfference from assessments as they are subsequently collected. Once the Declarant has sold or conveyed all lots owned by the Declarant, then the Declarant shall no longer be liable under the proVISions oftlus paragraph. The Declarant IS not hable for any annual assessment relatIve to any lot owned by the Declarant. 8 Effects of Nonpayment of Assessments: Remedies of ASSOCIatIon. Any assessments wluch are not pald when due shall be delinquent. If the assessment IS not paId WIthIn thIrty (30) days after the due date, the assessment shall bear mterest from the date of dehnquency at the rate of twelve percent (12%) per annum, and the AsSOCIatIon may bnng an actlOn at law agaInst the OMler obligated to pay the assessment, or may foreclose the lten agalnst the Property, and In either event, mterest, costs, and reasonable attorney's fees shall be added to the amount of such assessments. No Owner may waIVe or otherwise escape habihty for annual or special assessments by nonuse of the Common Area or by abandonment of lus Lot 9 Subordmatlon of Lien to Mortgages. The lien of the assessments proVIded for In thIS Declaration shall be subordmated to the hen of any First Mortgage Sale or transfer of any Lot shall not affect the assessment hen. However, where the mortgagee or a Mortgage of record or other purchaser of a lot obtams posseSSIon of the Lot as the result of foreclosure of a Mortgage, or by deed or assignment in heu of foreclosure, such possessor, lus successors and assIgns, shall not be hable for the share of the common expenses or assessments by the ASSOCiation chargeable to such Lot wluch became due pnor to such posseSSlOn. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners, mcludmg such possessor, lus successors and assigns Declaration of Covenants, CondItions and Restnctlons Page 13 1:\DA TA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 11111I1111I11111111I11 CITY or YELM COU $4a aa 3206026 Page 14 of 33 81/22/1999 a9 55A Thurston Co, \.lA I-I 10 CertIficate. The AsSOcIatIOn shall upon demand furrush a certificate In wnting SIgned by an officer of the AssoCiatIOn settmg forth whether the assessments on a specified lot or dwelling urnt have been paid. A reasonable charge may be made by the Association for the Issuance of these certificates Such certmcate shall be conclusIve eVidence of payment of any assessment stated in the certIficate to have been paid. 11 Exempt Property The followmg property shall be exempt from the payment of annual and specIal assessments (a) All pOrtIons of the propertIes dedicated to and accepted by a local publIc authonty (b) The common areas (c) All lots and dwellIng uruts owned by the Declarant until a lot has been sold and conveyed by the Declarant. XI. MAINTENANCE AND USE 1 Busmess and Commercial Use. Except for builders' temporary sales offices, no lot shall be used for other than smgle family dwellmg and no trade, craft, bUSIness, profeSSional, commerCIal or manufactunng enterpnse or bUSIness or commerCIal actiVity of any kind shall be conducted or earned on any lot or WItlun any buildmg located on the lot; nor shall any goods, matenals, or supplies used m connectIon WIth any trade, seCVlce or bUSIness, wherever the same may be conducted, be kept or stored outSIde any buildmg on any lot; nor shall any goods used for pnvate purposes and not for trade or busmess be kept or stored outSIde any buildmg on any lot wluch IS visible from the street or any other lot. However, home occupatIOn busmesses may be conducted, subject to the approval by the board of directors of the ASSOCiatIOn home occupatIOn bUSInesses may be conducted, subject to the follOWIng regulatIOns or any other regulations or zonmg requIrements of Thurston County or wluch may be unposed by the Board of DIrectors In grantmg approval 1 It IS carned on exclUSIvely by a family member who reSides m the residence constructed on a lot. 2 It has no outSide storage, extenor mdicatlOn, or outSIde actIVity 3 It uses no heavy eqUipment, power tools, or power sources not common to a reSIdence. DeclaratIOn of Covenants, CondItions and RestnctIons Page 14 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDec1aration of Covenants (Nisqually)\ 127 '-- JUJU 1IIIIIIIlJ I!J 3206026 Page 15 of 33 Sl/22/1999 a9 55A Thurston COI \.lA 4 It has no pick-up or delivery by commercial velucles. 5 It does not have more than four persons per day coming to the subject property for goods or servIces. 6 It creates no nOise, dust, glare, vibratIon, odor, smoke or other Impact adverse to a residentIal area." xu. ARCIDTECTURAL CONTROL COMMITTEE 1 Appomtment. An Arclutectural Control COmmIttee shall consIst of at least one (1) but not more than three (3) persons. The tnltIal ArchItectural Control Comrruttee shall consist of KIRK HARR. Any additional members may be appointed by the Declarant. Each member shall hold office until he or she reSigns, is removed or until a successor has been appomted and qualified. Each Declarant shall have the authonty to appomt the members of the ACC until all of the Lots owned by that Declarant have been sold and smgle family reSidences have been constructed thereon. Thereafter, the members of the ACe shall be appointed by the Board of Directors of the AssoclatlOn. The Board of Directors may only appoint as members of the ACC indiVIduals who are also lot owners. 2 Duties. The ACC shall have the authonty to review and act upon proposals and plans subnutted and to perform other duties set forth m tlus Declaration. The members of the ACC may delegate their duties to anyone member 3 AdoptlOn of Guidehnes. The ACC shall have the authonty to adopt and amend wntten guidelines to be applied in itS review of plans and speclficatlOns m order to further the intents and purposes of tlus DeclaratlOn and any other covenants or restnctions covenng the Properties. If such gUldelines are adopted, they shall be avallable to all Members upon request 4 Meetmg: CompensatlOn. The ACC shall meet as necessary to properly perform its duties, and shall keep and mamtam a record of all actlOns taken at the meetings or otherwise. Unless authonzed by the AssociatlOn, the members of the ACC shall not receive any compensatlOn for thelf baSIC serVIces However, lftlme in excess offive (5) hours is reqUlred for the reVIew and approval of any proposal, the Owner subnuttmg the proposal shall pay a fee for the addltlOnal time based upon usual and customary arclutectural fees m the area. All members shall be entitled to reunbursement for reasonable expenses mcurred m connection With the performance of ACC dutieS. DeclaratlOn of Covenants, Conditions and RestnctlOns Page 15 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\l27 '--- Jl JIll 1111I1 IIUI JI JJ 3206026 Page 16 of 33 Sl/22/1999 S9 55A Thurston COI ~A , , 5 Nonwaiver. Approval by the ACC of any plans, drawmgs or specificatIOns shall not be a WaIver of the right to Wlthhold approval of any sunilar plan, draWlng, specmcahon, or matter subnutted for approval. 6 Liability Neither the ACC nor any of Its members shall be lIable to the Association or to any Owner for any damage, loss or prejudice resultIng from any action taken In good faIth on a matter sub nutted to the ACC for the approval or for failure to approve any matter subnutted to the ACC The ACC or its members may consult With the AssociatIOn or any Owner Wlth respect to any plans, draWlngs, or specmcatlOns, or any other proposal subnutted to the ACC 7 Plan ReVIew Fees. The ACC may employee engIneers, archItects, and other profeSSionals to review plans and take other actions as deSignated by the ACC and, therefore, the ACC may charge a fee to reVIew plans In an amount not to exceed $150 for each plan review XID. ARCHITECTURAL AND LANDSCAPE CONTROL 1 Approval of Plans Requrred. None of the followmg actions may be taken until plans and specificatIOns for the same have been approved in wntmg by the ACC (a) The constructIon ofpnvate road or dnveways. (b) The constructIon or erectIon of any buildmg, fence, wall or other structure, mcludmg the mstallatIOn, erection, or construction of any solar collectIOn deVice ( c) The remodeling, repamtmg, reconstruction, or alteration of any road, dnveway or other structure Any such actIOns whIch have been approved shall only be taken In confOnntty Wlth the plans and specIficatIOns actually approved by the ACC, and no changes In or deVIatIons from the approved plans and specIficatIOns shall be made Wlthout the pnor wntten approval of the ACC 2 Procedure for Approval. Any person Wlslung to take any of the actIOns described above shall subrrut to the ACC two sets of plans and specIficatIOns whtch meet the follOWIng reqUIrements DeclaratIOn of Covenants, Conditions and RestnctIons Page 16 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDecIaration of Covenants (Nisqually)\127 1111111111I11 111111111 rTTY OF YELM COU $4S SS 3206026 Page 17 of 33 Sl/22/1999 S9 55A Thurston Co, l-JA (a) Plans for the constructIOn or modification of roads or driveways shall show the proposed location, course, WIdth, grade and materials (b) Plans for the constructIOn or modmcatlOn of any building, fence, wall, or other structure shall be buildmg elevation plans wrnch, In additIon to the details customarily shown on the Lot, the exterior color scheme, proposed outdoor lightmg, proposed landscapmg, and shall show and othelWlse Identlfy any spectal needs or condItlOns wrnch may anse or result from the mstallation, erectlOn, or construction of any solar collectIon deVIce. At the request of the ACC, the person subnuttIng such plans shall locate stakes on the Lot wrnch mdIcate the corners of the proposed structure. The plans for the first structure to be located on lots shall mclude a landscaping plan, including a specification as to the proposed time for completion of the landscapmg. ( c) Plans for the removal or plantmg of trees and plants shall show the 10catlOn, type, and apprmomate SIze of the trees or plants to be added or removed. (d) Plans for SIte surface water drainage Approval of such plans and specIficatIons shall be eVIdenced by wntten endorsement on such plans and specIficatlOns, one copy of wrnch shall be dehvered to the Owner of the Lot upon wrnch the proposed action IS to be taken. The ACC shall not be responsible for any structural defects m such plans or speCIfications or In any buildmg or structure erected according to such plans and specmcatIOns. 3 Cntena for ApprovaL Approval of plans and specmcatlOns may be wIthheld or condItioned If the proposed action IS In vanance WIth these covenants, other covenants covenng the Properties, or desIgn gUldehnes adopted by the ACC Approval may also be WIthheld or condItIoned If, In the oplnton of the ACC, the proposed actIon will be detnmental to the commurnty or to any other Owner, because of the gradmg and drainage plan, location of the tmprovement on the Lot, color scheme, firush deSign, proportions, SIze of home, shape, heIght, style, matenals, outdoor lIghtmg proposed, or landscapmg plan, or Impact on VIew nghts or pnvacy 4 Failure to Approve. In the event that the ACC fails to approve or dIsapprove an actIOn WIthIn thrrty (30) days after plans and specificatlOns have been subnutted to It, or In any event, If no SUIt to enJom the actlOn has been commenced Wlthm ten (l0) days after the DeclaratIOn of Covenants, ConditIons and RestnctlOns Page 17 I:\DA TA \D\BHD\M\HARR\NisquaIly\ZDeclaration of Covenants (NisquaIly)\l27 11~llm~1~IIIIIIIIIIIIIIIIIIIIIIIIII~ 1111111111111 COU $4S SS 3206026 Page 18 of 33 31/22/1999 89 55A Thurston Co, lJA 1-. completIon thereof, approval will not be requIred and the related covenants shall be deemed to have been fully complied With. 5 Confonruty With Approved Plans. It shall be the responsibIlIty of the ACC to detenrune that actIons have been completed In accordance With the plans as subnutted and approved. Such detenrunatIOn must by made withIn 30 days of the completIon of the actIon. If the ACC shall detemune that the actIon does not comply With the plans and specmcatIOns as approved, It shall notIfy the Owner WIthIn the 30 day penod, and the Owner, WithIn such tIme as the ACC shall speCIfy, but not less than 30 days, shall eIther remove or alter the Improvement or take such other steps as the ACC shall deSIgnate. If no actIon by the ACC IS taken WIthIn 30 days of the date of completIon of the Improvement, the actIon shall conclUSIvely be deemed to be satIsfactory to the ACC 6 ExclusIons. Dunng the development penod whIch is defined as the constructIon of the uutlal reSIdences on the property, the Declarant shall have the nght to WaIve the plans and speCIfications reVIew for builders In NISQUALL Y ESTATES Any such WaIver shall not exempt satd builder from any of the standards or restnctIons artIculated In thIs DeclaratIOn and all structures and Improvements shall meet all standards and restnctIOns contaIned In these DeclaratIOns. 7 Extenor Mamtenance. Each owner shall have the oblIgatIOn to maIntaIn lus lot and any build10g or Improvements located on the property satIsfactory to meet standards appropnate for a first class reSIdential commuruty If the owner of any lot fails to maIntaIn that lot, buildings, and any other unprovements 10 confOrmIty WIth these standards, the ASSOCIatlOn after approval of two-thIrds of the board, shall have the nght, through Its agent contractee, contractors or employees, to enter upon the lot and to clean, repaIr, maIntaIn and restore the lot and the extenor of buildings and other unprovements The cost of such extenor maIntenance shall be added to and shall become part of the assessment to whIch saId lot IS subject. XIV. PERMITTED AND PROHmITED USES 1 Land Use and Building Type. All lots subject to these protectIve covenants shall be used only for reSIdentIal purposes. No structures of any kmd shall be erected or pernutted to rema10 on any lot other than smgle fanuly reSIdences, garages, work shops, and structures normally accessory to such reSIdences No carports will be allowed and all garages must have doors. All dwellmgs shall be of a "stIck built" vanety Mobile homes, manufactured housmg, DeclaratIOn of Covenants, CondItIOns and RestnctIOns Page 18 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDec1aration of Covenants (Nisqually)\ 127 (, rr~ JIJLI IIIIIIIIUI U II 3206026 Pa9~ 19 of 33 81/22/1999 a9 55A Thurston Co, \.lA ( and modular homes are specIfically not penrutted. One two-car or three-car garages are pemutted and they shall be mcorporated in or made a part of the dwellmg house and no detached garages shall be penrutted except With express approval by the Arclutectural Control Comnuttee. 2 Swunmmg Pools. Unless approved by the ACC III wntmg, sWImmmg pools and hot tubs shall not be nearer than ten (10) feet to any Lot line and shall not project with their copmg more than four (4) feet above the established grade. 3 Completion of ConstructIon. The constructIOn of any buildmg on any lot, includmg pamtmg and all extenor firush, shall be completed WithIn five months of begmrung of construction so as to present ~ flrushed appearance when Viewed from any angle The buildmg area shall be kept III a reasonably clean and workman-like manner dunng constructIOn. All lots shall be kept m a neat and orderly condition, free of brush, vmes, weeds and debns. The grass thereon shall be cut and mowed at suffiCient mtervals to prevent creatIOn of a nUisance or fire hazard. 4 Landscape Completion and Standards. The entire front yard, mcludmg up to the edge of the hard surface of the street frontmg any lot, shall be landscaped m accordance With the proVisions of trus sectIOn. The landscapmg shall be mstalled witlun tlurty days after the occupancy of a residence on a lot. If mchmate weather conditIOns prevent the timely installatiOn of saId landscapmg lffiprovements, the lot owner must make apphcatIOn to the ACC for an extensIon of tIme until weather condItIOns sufficIently Improve For comer lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped. "Front yard" shall be defined as the lot area extendmg from the front property line back to a lme measured parallel With the front property Ime wluch would comcIde WIth the front wall of the mam dwellmg on the lot, exclusIve of any garage proJectIons. The front yard landscapmg will mclude all of the adjacent pubhc street nght-of-way along the lot frontage out to the edge of the hard surface of the pubhc street. Each lot owner shall be responsible for mstalhng and mamtalrung the landscapmg WItlun the adjacent nght-of- way At least 75% percent of every front yard less dnveway and walks shall be mamtamed as lawn area unless otherWIse approved by the ACC Withm 30 days after occupancy, all comer lots With VIsible backyard areas from adjacent street nght-of-ways shall have landscapmg completed on the entire lot area unless otherwIse approved by the ACC Declaration of Covenants, ConditIOns and RestnctIOns Page 19 1:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 '- 11111111111I111I111111 I~!TY Of:" Yf:"1 M COU S4S sa 3206026 Page 2S of 33 91/22/1999 99 55A Thurston COI \.lA , , ( WithIn 30 days after occupancy, all other rear yards not otherwise landscaped must be seeded in lawn. 5 Parlang. Unless fully enclosed WlthIn an approved structure upon a lot, no recreatIonal velucle, commerCIal velucle (except automobiles and pIck-up trucks wluch are used by the lot owner In dnving to or from place or operatIon of bUSIness), constructlOn or like eqUlpment, trailers, (utilIty, boat, campmg, horse or otherwIse), or disabled vehIcle shall be allowed to be parked or stored on any lot, except as provided and approved by the Homeowner's AsSOCIatIon. All parkIng of vehIcles of any nature on any street or roadway is subject to the rules and regulatlOns of the City ofYelm. No velucles may be parked on any street or any roadway except on a temporary basIS subject to such rules and regulatlOns as may be adopted by the Homeowner's AsSOCIatIon. With the exceptIon of the velucles and trailers prohibIted above, velucles may only be parked on dnveways or on otherwIse deSIgnated and approved parlang areas on a temporary basIS only The Assoclatlon shall adopt such reasonable rules and regulatIons as may be necessary to enforce these parkmg prOVISIons 6 NUIsances. No noXIOUS or undeSIrable tlung, or noxlOUS or undeSIrable use shall be permItted or mamtaIned upon any Lot or upon any other portlOn of the PropertIes. If the Board determInes that a tlung or use IS undeslrable or noXIOUS, that deterrrunatlOn shall be conclusIve. Any motor velucle (includmg motorcycles and go-carts) makmg repeated tnps m and around the Property and roadway shall be automatlcally deemed a nUisance 7 ExcavatIon and Fill. Except With the perrrusslon of the ACC, or except as may be necessary m connection Wlth the constructlOn of any approved lmprovement, no excavatlOn or fill shall be made nor shall any dlrt be removed from any Lot herem. 8 DraInage. The owner of any lot shall not take any actlOn wluch would mterfere WIth surface water draInage across that lot eIther through natural draInage or by draInage easements. Any change of draInage, elther through natural dramage areas or through dramage easements must be approved by the ACC All draInage Improvements must be completed pnor to occupancy m accordance WIth the dramage plan subnutted to the ACC 9 Use Dunng ConstructlOn. Except wlth the approval of the Board, no persons shall reSIde upon the prerruses of any Lot untIl such tIme as the Improvements to be erected thereon In accordance WIth the plans and specIficatlOns approved by the Board have been completed DeclaratlOn of Covenants, CondItIons and RestnctIons Page 20 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 111~1~/~J 1111111111111111111111111111111111111111111 I N cou $48 88 3206026 P<lgl? 21 of 33 61/22/1999 69 55A Thurston Co, /.JA 1 0 ~ No SIgn shall be erected or mamtaIned on any lot except that not more than one "For Sale" or "For Rent" Sign placed by the owner or by a hcensed real estate agent, not exceeding 5 square feet may be temporarily displayed on any lot. Declarant shall also have the unrestncted nght to place and mamtam such other advertISIng SIgnS as may be reqUIred by Declarant to promote the sale of any lots by Declarant, Including but not Itnuted to monument type sIgns at the entrance to the subdiVlsIon. That sIgns for model homes constructed by builders shall be approved by the ACC 11 Arumals. No arumals or reptiles of any land shall be kept on the any lot except that dogs, cats or other household pets may be kept on a lot subject to the rules and regulatIOns adopted by the AssocIatIOn. All dogs must be kept on a hand held leash when outSIde and all other pets must be kept In yards unless accomparued by a lot owner The desIgn and locatIOn of any kennel shall be approved by the ACC No arumal may be kept, bred or maIntaIned for any commercIal purpose Each lot owner shall be responsible for the pIckIng up and the dISposal of that pet owner's arumal waste. All dogs must be kept so as to nurunuze exceSSIve nOlse from barkmg, to be otherwIse conSIdered as a nUIsance The aSSOCIation, by appropnate rules and regulatIons may determIne the number and land of pets to be kept on any lot. 12. Garbage and Refuse. No garbage, refuse, rubbISh, cuttmgs or debns of any land shall be deposited on or left upon any Lot unless placed In an attractIve container SUItably located and screened from public VIew All eqUIpment for the storage or dIsposal of such matenals shall be kept In a clean and sarutary CondItIon. 13 Temporary Structure. No structure of a temporary or removable character, including but not limited to, a trailer, mobile home, basement, tent, shack, garage, barn or any other building shall be kept or used on any Lot at any hme as a reSidence Tills proVISion shall not be deemed to prevent the use of a constructIOn shack or trailer for purposes of storage or secunty at any tIme dunng the IrutIal penod of construction. 14 Utihty LInes. RadiO and TeleVlsIon Antennas. No exposed or extenor radIO or teleVISIon transnusslOn or recelVlng antennas or satelhte dIshes (except for small teleVISIOn receIvers willch have a diameter ofless than 2 feet) shall be erected, placed or maIntaIned on any part of such premises except as approved by the ACC pnor to Installation or constructIon. Any waiver of these restnctlOns shall not constItute a WaIver as to other Lots or hnes or antennas Declaration of Covenants, CondItIons and RestrictIOns Page 21 I:\DATA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 1111111 111I111111111 II I~ TTY I1r YF"I M COU $4S SS 3206026 Page 22 of 33 61/22/1999 69 55A Thurston Co, l-lA I-I 15 Tanks. Etc. No elevated tanks of any kmd shall be erected, placed, or permitted on any part of such premises. Any tanks for use m connectIon With any residence constructed on such prelTllses, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the VIew from nelghbonng Lots, roads, or streets. All clothes hnes, garbage cans, eqwpment, coolers, wood piles, or storage piles shall be walled m or otherwise sUitably screened to conceal them from the VIew of nelghbonng Lots, Common Areas, roads or streets Plans for all enclosures of tlus nature must be approved by the ACC pnor to constructIOn. 16 Auto Repalr. No major auto repair shall be pemutted except wItlun enclosed garages winch are kept closed. The only repaIrs permItted on the balance of the Property are occasIOnal casual repaIrs and maIntenance actiVIties such as tune-ups or oil changes. 17 Setbacks. No buildmg shall be located on any lot near to the front, Side, or back lot hne than IS pemutted under the appropriate Thurston County setback requirements. For purposes oftlus covenant, eaves, steps and open porches shall not be conSidered a part of the buildmg. 18 Roofs. The matenal on all roofs must be approved by the ACC and all roofs shall have a mmunum slope of 4-12 (four feet of rise for each 12 feet of run) No flat roofs wIll be allowed on the front of the dwellmg. 19 Extenor Firush. All extenor firushes on the front of houses shall be of bevel sldmg, shake or vertical panels, bnck or stone The entire reSidence must be paInted or stamed m colors approved by the ACC All metal fireplace clumneys shall be either wood or stone rap 20 Llghtmg. All extenor lightIng wluch IS Visible from any road or any other dwellIng home shall not be mstalled so as to adversely unpact any adjacent dwellIng. The ACC shall have the express authonty to require changes If, m the opmlOn of the ACC after recelvmg a complamt, determInes that said lIghtmg adversely Impacts another dwellmg, 21 Dnveways. That all driveways mcludmg any access to the rear yard of any reSIdence shall be of a hard surface construction of either concrete or bnck and shall be completed pnor to final buildmg mspectlOn. 22. Fences. Fences, walls, or shrubs are permItted on the Side and rear property hnes subject to the approval of the ACC Said fences, walls or shrubs m the front yard shall not be DeclaratIOn of Covenants, Conditions and RestnctlOns Page 22 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 1111111111I1111I111111 rrrv ~r vrlM cou S49 ~e 3206026 Page 23 of 33 a1/22/1999 a9 SSA Thurston Co, \.lA lugher than 42 mches and any sIde and back yard fencIng or shrubs shall not exceed SIX feet In heIght. No fence, wall, hedge or shrub may obstruct corner mner sectIOn lme of SIte WIthm a tnangular area fonned by the street, property lines, and a line connectIng them at points 25 feet from the Inner section of streets. No barbWIre, chaInhnk (except black chamhnk fence no lugher than four feet), corrugated fiberglass fences shall be erected on any lot. 23 Fireanns The use of firearms IS expressly prohibIted. 24 Dut bikes and/or A TV No unlicenced motor velucles, IncludIng motorcycles, dIrt bikes, motor scooters, ATVs etc., shall be pemutted on any road WItlun the plat, nor shall dIrt bikes or ATVs be penrutted to operate on any owner's lot, or on adjacent roads In an unsafe manner or In such a way to (:reate a hazard or nUisance. 25 Damage Reparr All owners agree to reparr unmediately any damage to any utihtIes adjacent to theIr lot or lots, m the event any of the utilItIes are cracked, broken, or otherwIse damages as a result of dwelling constructIon actIVltIes, or other actIVltIes by owner, by persons actIng for owner, or by persons m or around the property at the request or WIth the consent of the owner 26 BUIldIng Matenals. All homes constructed on each "lot shall be bUIlt of new matenals, WIth the exceptIOn of "decor" Items such as used bnck, weathered plankIng, and SImIlar Items. The ACC will deterrrune If a used matenaJ IS a "decor" Item. In makIng tlus determmatIon the ACC will conSIder whether the matenaJ harmonizes WIth the aesthetIC character of the other reSIdences WithIn the subdIVlSIOn and whether the matenal would add to the attractIve development of the subdIVlsIon. The extenor of all constructIon of any lot shall be deSigned, built, and mamtamed m such a manner as to blend m WIth the natural surroundings and landscapIng wItlun the subdiVlsIon. Extenor colors must be approved by the ACC Extenor tnm, fences, doors, railings, decks, eaves, gutters, and the extenor firush of garages and other accessory bUIldIngs shall be deSIgned, built, and mamtaIned to be compatible With the extenor of the structure they adJOIn. Generally, colors shall be muted earth tones, grays, beiges, and Similar shades 27 Square Footage Mirumum square footage reqUIrements (a) 'imgle Story ResId~ces. Smgle story reSIdences shall have a nurumum of 1,100 square feet of hvmg space .. DeclaratIOn of Covenants, Conditions and RestnctIOns Page 23 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\l27 " " II " "" "" 111I " rrTV nr vrlM COU S4S SS 3206026 Page 24 of 33 Sl/22/1999 99 55A Thurston Co, lolA f f ( (b) Two Story ResIdences. Two story resIdences shall contam a nurumum of 1, 100 square feet of total firushed hYIng space and 650 square feet of saId livmg space must be located on one floor (c) No dwellmg shall contaIn more than two stones 10 heIght. (d) Garages and Unheated areas. Garages and unheated areas shall not be mcluded 10 deternurung square footage. 28 PermIts No constructIOn or extenor additIon or change or alteratIOn of any structure may be started on any portIon of the properties Wlthout the owner first obtaIrung a building pernut and other necessary penruts from the proper local governmental authonty and wntten approval of such penruts from the ACC as well as a plan check approval as requIred by thIs DeclaratIon. 29 Codes All constructIon shall conform to the reqUirements of the State of Washmgton's rules and regulatIons for installIng electnc wires and eqUIpment, and the uruform codes (bUIld1Og mecharucal, plumb1Og), 10 force at the commencement of the constructIon, 1Oclud1Og the latest reVlSlons thereof 30 Entry for InspectIon. Any agent, officer, or comnuttee member, or Declarant, may at any reasonable predetenruned hour upon 24 hours notIce dunng constructIon or extenor remodeling, enter and mspect the structure to detenrune If there has been complIance Wlth the proVIsIons of thIs DeclaratIOn. The above recIted 10diVIduals shall not be deemed guilty of trespass for such entry or 1OspectIon. There IS created an easement over, upon, and across resIdentIal lots for the purpose of makmg and carrymg out such 1OspectlOns. 31 AuthOrIty to Adopt AdditIonal Rules and RestnctiOns. The ASSOCIatiOn shall have the authonty to adopt addItiOnal wntten rules and restnctiOns goverrung the use of the PropertIes, proVIded such rules and restnctiOns are consIstent WIth the purposes of the DeclaratlOl1, and to establish penaltIes for VIolatlOn of those rules and restnctIOns If rules and restrIctIOns are adopted, they, along Wlth the establIshed penaltIes, shall be available to all Members upon request. Declaration of Covenants, CondItIons and Restnctlons Page 24 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 11111I1111I11111111111 I~!TY nr YEl M COU S4S SS 3206026 Page 25 of 3: 81/22/1999 S9 5 Thurston Co, IJA xv. INSURANCE REOUIREMENTS The AssoCiatIon shall mamtam If reqUired any msurance or fidelIty bond requlfements establIshed by the Federal NatIonal Mortgage AsSocIatIon, Federal Home Loan Mortgage Corporation, Veterans AdmuustratlOn, and Government NatIonal Mortgage AssoclatlOn, except to the extent such coverage is not available or has been waived in writing. XVI. DAMAGE OR DESTRUCTION 1 In the event of damage or destructIon to all or part of the Common Area, the Insurance proceeds, if suffiCIent, shall be applIed to repair, reconstruct or rebuild the Common Area m accordance Wlth the OflgInal plans. Such reparr, reconstruction or rebuildmg shall be arranged for promptly by the Board of DIrectors. 2 If the msurance proceeds are msufficlent to pay for the cost to repair the Easement Areas, the Board shall promptly, but m no event later than runety (90) days after the date of damage or destructlOll, given notIce to and conduct a speCIal meetmg of the Owners to reVIew the proposed repairs, replacement and reconstructlOn, as well as the projected cost of such repairs, replacement or reconstructlOn. The Owners shall be deemed to have approved the proposed repairs, replacement, and reconstructlOn as proposed by the Board at that meetmg, unless the Owners deCIde by an affirmatIve vote of fifty one percent (51 %) of the total votes cast at such meetIng (proVided a quorum eXIsts), to repcur, replace, or reconstruct the prerruses m accordance with the onginal plan In a different manner than that proposed by the Board. In any case, however, use of hazard msurance proceeds for other than repaIr, replacement, or reconstruction of the Common Area m accordance Wlth the ongmal plans shall not be perrrutted wIthout the pnor wntten approval of at least sIXty seven percent (67%) of the First Mortgagees (based on one vote for each first mortgage owned) or Owners (if there IS not first mortgage on that Lot) of the Lots XVTI. CONDEMNA nON In the event of a partIal condemnatlOn of the Easement Areas, the proceeds shall be used to restore the remaIrung Easement Area, and any balance remaining shall be dIstributed to the ASSOCiatIon. i \ DeclaratlOn of Covenants, CondItions and RestnctlOns Page 25 I:\DA TA\D\BlID\M\HARR\Nisqually\ZDeclarauon of Covenants (Nisqually)\127 li"II~I~l~IIIIIIIII I1I1I IIIIIIIIM "111~fl 'I 3206026 Page 26 of 33 81/22/1999 89 SSA Thurston Co, I.IA In the event that the entIre Common Area IS taken or condemned, or sold, or otherwIse dIsposed of m lieu of or m avoidance thereof, the condemnatIon award shall be dIstributed to the AsSOCIatIOn. No proceeds receIved by the AsSOCIatIOn as the result of any condemnatIOn shall be dIstributed to a Lot Owner or to any other party derogation of the nghts of the First Mortgagee of any Lot. XVIIl. MORTGAGEES' PROTECTION 1 As used in tills DeclaratIon. (1) "mortgage" mcludes the benefiCIary of a deed of trust, a secured party, or other holder of a secunty Interest; (2) "foreclosure" Includes a notIce and sale proceeding pursuant to a deed of trust or sale on default under a secunty agreement, and (3) "instItutIonal holder" means a mortgage whIch IS a bank or savmgs and loan aSSOCIatIon or estabhshed mortgage company, or other entIty chartered under federal or state laws, any corporatIOn or Insurance company, or any federal or state agency 2 The pnor wntten approval of at least 75% of the First Mortgagees (based on one vote for each first mortgage owned) of the mdiVIdual Lots shall be reqUIred for any of the followmg: (a) The abandonment or temunatIOn of the PUD status of the project, except for abandonment or terrrunatIOn, If any, proVIded by law In the case of substantIal destructIOn by fire or other casualty or In the case of a talang by condemnatIon or enunent domaIn. (b) Any matenal amendment to tills DeclaratIon or to the ArtIcles of IncorporatIOn or Bylaws of the Owners AsSOCIatIOn, IncludIng but not hnuted to, any amendment whIch would change the pro rata mterest or oblIgatIon of any IndiVIdual Owner for the purpose ofIevymg assessments or charges or for allocatmg distributIOns of hazard msurance proceeds or condemnatIOn awards (c) The effectuation of any declSlon by the Owners AsSOCIatIOn to terrrunate professIonal management and assume self-management (however, thIs shall not be deemed or construed to require professIOnal management) (d) PartItIOrung or subdIvIdmg any Lot Declaration of Covenants, ConditIons and RestnctIons Page 26 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisquall y)\ 12 7 \-. oil JIJJ 1IIIIIIIlJIIJJ 3206026 Page 27 of 33 Sl!22!1999 S9 55R Thurston Co. ~A ( e) Any act or onuSSlon seekmg to abandon, partltIon, subdivtde, encumber, sell or transfer the Easement Areas, proVIded, however, that the granting of easements for public utiliues or other pubhc purposes consIstent with the mtended use of the Easement Areas shall not be deemed a transfer withm the mearung of this clause. (f) Any act or onusSlon seekmg to change, waIve or abandon any scheme of regulatIOns or enforcement thereof, pertaining to the architectural desIgn or the extenor appearance of buildings and other unprovements, the mamtenance of common property walks or common fences and dnveways, or to the upkeep of lawns and plants m the propertIes. (g) Any act or onusSlon whereby the AssoCIatIon fails to malntam fire and extended coverage on msurable propertIes common property on a current replacement cost baSIS m an amount not less than 100% of the insurable value (based on current replacement costs) (h) Use of hazard insurance proceeds for losses to any propertIes common property for other than the repalr, replacement or construction of such common property 3 Each First Mortgagee (as well as each Owner) shall be entItled to tImely wntten notIce of (a) Any slgruficant damage or destructIon to the Easement Areas. (b) Any condemnatIOn or emment domam proceedmg effectmg the Easement areas (c) Any default under thts DeclaratIOn or the ArtIcle of incorporatIon or Bylaws whIch gIves nse to a cause of actIOn agalnst the Owner of a Lot subject to the mortgage of such holder or Insurer, where the default has not been cured In tlurty (30) days (d) Any proposed abandonment or tennmatlOn ofPUD status of thIs project (e) Any matenal amendment of thIs DeclaratIon or to the ArtIcles of IncorporatIon or Bylaws of the AsSOCIatIOn. 4 Each First Mortgagee shall be entItled, upon request, to ~ DeclaratIOn of Covenants, ConditIons and RestrictIOns Page 27 I:\DATA\D\BHD\M\HARR\Nisqually\ZDeclaratlOn of Covenants (Nisqually)\127 1111111111I11111111111 i'TTY OF YELM cau $48 88 3206026 Page 28 of 33 al/22!1999 89 55R Thurston C01 \.lA , hours. (a) Inspect the books and records of the AssociatIon dunng normal business (b) Reqwre the preparatIon of and, If preparatIon IS reqUIred, receIve an annual audited finanCIal statement of the AssociatIon for the Immediately precedmg fiscal year, except that such statement need not be furrushed earlier than ninety (90) days followmg the end of such fiscal year (C) ReceIve wntten notIce of ail meetmgs of the Owners AssocIatIOn and be permItted to deSIgnate a representative to attend all such meetmgs. 5 First Mortgagees of any lots may, Jomtly or smgly, pay taxes or other charges whIch are in default and wluch mayor have become a charge agamst the Easement areas, and may pay overdue premIUms on hazard Insurance pohCles, or secure new hazard Insurance coverage on the lapse of policy, for such Easement Areas, and the First Mortgagees malang such payments shall be owed ImmedIate reImbursement therefore from the AsSOCiatIOn. XIX. GENERAL PROVISIONS 1 Bmdmg Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply Wlth the proVISIons of tlus DeclaratIOn, and the Bylaws and rules and regulatIOns of the AsSOCiatIOn, as they may be amended from tIme to time, are accepted and ratIfied by such Owner or occupant, and all such proVIsions shall be deemed and taken to be covenants runrung Wlth the land and shall bInd any person haVIng at the time any mterest or estate m such Lot, as though such prOVISIons were reCIted and stIpulated at length m each and every deed and conveyance or lease thereof. 2 Enforcement by Court ActIon. The AsSOCIatIOn, the DeclaratIOn, the ACC, the Homeowner's AsSOCIation, or any lot owner shall have the nght to enforce, by any proceedmgs at law or m eqwty, all restnctIOns, conditIons, covenants, reservatIOns, lIens and charges now or hereafter Imposed by the proVISIons of tlus Declaration. Should the AsSOCIation or any Owner employ counsel to enforce any of the foregomg covenants, COndItIons, reservatIOns, or restnctlons, all costs Incurred m such enforcement, mcludIng a reasonable fee for counsel, shall be paid by the Owner found to be In VIOlation of Said condItIOn, covenants, reservatIon, or restnctIOn, or found to be delInquent In the payment of saId lIen or charge DeclaratIOn of Covenants, CondItIons and RestnctlOns Page 28 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclarauon of Covenants (Nisqually)\127 l!~lll"~l~IIIII'III' I1I1I IIIIIIIIfj~ IIIIIWI ~I 3206026 PagE' 2S of 33 Sl/22/199S S9 SSA Thurston Co, t.JA .#-, 3 Enforcement by Self Help The Declarants, the ACC, the AsSOcIatIon, or the duly appomted agent of eIther, may enter upon any lot, wluch entry shall not be deemed a trespass, and take whatever steps are necessary to correct a VIolatIOn of the proVIsIOns of tlus DeclaratIon. ProVIded, tlus proVIsIon shall not be construed as a penrusslOn to breach the peace. 4 ConditIon Precedent to ActIon. Pnor to takmg actIon eIther by court or by self help, wntten notIce shall be given to the offendmg lot owner Such notIce shall specIfy the nature of the offense and shall also specIfy the actIon necessary to cure. Such actIOn shall also provIde a reasonable opporturuty to cure wluch, except 10 the case of an emergency, shall not be less than 30 days 5 Expenses of ActIon. The expenses of any correctIve actIOn or enforcement of tlus declaratIOn, unot paId by the offendmg owner Wltlun tlurty (30) days after wntten notIce and billmg, may be filed as a lme upon such lot, enforceable as other hens herem. 6 Owner ObJectIOn. Should a lot owner object to the complamts of the Declarants, the AssocIatIOn or ACC 10 wntmg Wltlun a penod of fifteen (15) days after the complamt IS made and, further, should the partIes not agree on property maIntenance or other matters complaIned of, the matter shall be subnutted to arbItration. The arbItratIOn shall be bmding upon the partIes. If the partIes cannot agree upon an arbItrator, each party shall choose one arbItrator and they, 10 turn, shall choose a Hurd. The arbItratiOn shall be conducted 10 accordance WIth the rules of arbItratIon under the laws of the State ofWaslungton 10 eXIstence at the tIme of any such arbItratIOn. 7 Costs and Attorneys Fees. In the event oflegal actIOn, the prevailIng party shall be entItled to recover actual costs and attorney fees. For the purposes oftlus declaratIOn "legal actIon" shall mclude arbItratIOn, law SUIt, tnal, appeals, and any actIOn, negotIatIOns, demands, counseling or othelWlse where the prevailing party has lured an attorney It IS the mtent of tlus prOVISIon to reImburse the prevailing party for all reasonable attorney fees and actual costs Incurred In defendmg or enforcmg the proVISions of tlus Declaration, or the owner's nghts hereunder 8 Failure to Enforce No delay or orrussIon on the part of the Declarants or the Owners of other Lots In exerclSlng any nghts, power, or remedy proVIded 10 tlus Declaration shall be construed as a waIver or acqUIescence m any breach of the covenants, conditions, reservatIOns, or restnctIOns set forth 10 the DeclaratIOn. No actIOn shall be brought or \ DeclaratIOn of Covenants, ConditIOns and RestnctIOns Page 29 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\l27 11111111111I1111111111 (" !T't I1r YELM cau $4S SS 3206026 Page 3S of 33 Sl/22/1999 S9 55A Thurston Co, l-lA r mamtaIned by anyone whatsoever agaInSt the Dedarants for or on account of Its failure to bnng any actIOn for any breach of these covenants, conditIons, reservatIOns, or restnctIons, or for Imposing restnctlOns whIch may be unenforceable 9 Severabihty InvalidatIon of anyone of these covenants or restnctlOns by Judgment or court order shall not affect any other prOVIsIons whIch shall remain In full force and effect. 10 InterpretatIon. In interpreting tlus DeclaratIOn, the term "person" may Include natural persons, partnershIps, corporatIons, AsSOCIatIOns, and personal representatives The Singular may also mclude the plural and the masculine may Include the fenurune, or VIse versa, where the context so adnuts or reqUIres. Tlus DeclaratIon shall be liberally construed In favor of the party seekIng to enforce ItS prOVISIons to effectuate the purpose of protecting and enhancing the value, marketabIlity, and deSIrabilIty of the Properties by proVIdmg a common plan for the development ofNISQUALL Y ESTATES 11 Amendment by Court ActIon. The Homeowner's AsSOCIatIOn and/or any lot owner shall have the nght to seek amendment by way of a civil SUIt wherem the baSIS for the amendment IS eIther (a) governmental requirements, or (b) marufest unfaIrness due to substantially changed circumstances beyond the control of the lot owner seekIng the amendment. In any such court action the court may exerCIse ItS eqUItable powers to grant such relIef as IS deemed appropnate 12 Term. ThIS DeclaratIOn shall be effectIve for an Irubal term of 30 years, and thereafter by automatIC extensIOn for successive pen ods of 10 years each, unless temunated, at the exprratIon of the InltIal term or any succeedmg 10 year term by a temunatlOn agreement executed by the then owners of not less than 75% of the lots then subject to thIs DeclaratIon. Any temunatlOn agreement must be In wntlng, Signed by the approVIng owners, and must be recorded With the County AudItor 13 Amendment by Lot Owners After seventy-five percent (75%) of the lots have been sold to others than builders, thIs DeclaratIOn can be amended only by wntten consent of the owners of seventy-five percent (75%) of the lots. ProVIded, no amendment shall be effectIve which matenally lffiparrs the substantIal nghts of the lot owner as establIshed herem unless the Impacted lot owner consents m wntmg. Any such amendment must be in wntmg, Signed by the approVlIlg lot owners and recorded WIth the K1tsap County AudItor Until such time as all of the lots have been sold to others than builders, no amendment can be made WIth respect to DeclaratIon of Covenants, CondItIons and RestnctIons Page 30 I:\DA TA \D\BHD\M\HARR\NisquaIly\ZDeclaration of Covenants (Nisqually)\127 "11111111I11111 """ rrTY nr vrlM COU $4S SS 3206026 Page 31 of 33 SI/22/1999 S9 55A Thurston Co.. j.JA , , , (- , Declarants' nght to appomt directors of the AssociatIon or to appomt members of the ACC or the Declarants' liability with respect to annual assessments. 14 Amendment by Declarants. NotWIthstandmg any other prOVlSlon of tlus DeclaratIon, tlus DeclaratIon can be amended at any tIme by the Declarants pnor to the time seventy-five percent (75%) of the lots have been sold to other than builders and that all lot owners agree to be bound by such amendment or amendments. Thereafter, tlus DeclaratIOn can be amended only as provIded for herem. 15 Pnor Approval By FHAIHUD Regardless of whether or not seventy five percent (75%) of the lots have been sold to others than builders, In the event any loan WIth respect to any lot or buildmg constructed thereon IS insured through eIther the Federal HOUSIng Ad1Illl1lstratIOn or the Department of Veteran Affatrs or any program sponsored by eIther such agency, then eIther the FHA or HUn whoever is the Insunng agency must gIve wntten approval before any of the follow1Og actIons can be approved by eIther the Declarants or the lot owners A. AnnexatIon of addItIOnal propertIes B DedIcatIon of any propertIes. C Amendment oftrus declaratIon. (Except that amendment of the DeclaratIOn add10g the lots 10 Phase 2 ofNisqually DIVISIons 1 and 2 shall not reqUlre pnor approval) 16 NotIce Any notIce requIred hereunder shall be deemed effectIve when personally delIvered or three days after mailmg by certIfied and regular mail to the owner of pubhc record at the tIme of such mailmg to such owner's address as It appears on the Kttsap County Assessor's tax records and to the street address of the 10t(s) herem. NotIces to lenders shall be sent to the last address the lender has gIven to the AssocIatIOn. The AssocIatIOn IS not reqUITed to proVIde notIce of any matter to any lender who has not notIfied the ASSOCIatIon In wntmg of such lender's deSIre to receIve notIce, and/or has not gIven the AsSOCIatIOn wntten notIce of the lender's address for receIpt of notIces. The AsSOCIatIOn shall not undergo mvestlgatlOn outSIde of ItS own records mto the name or locatIon of any lender or lIenholder \, DeclaratIon of Covenants, COndItions and RestrictIons Page 31 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclarauon of Covenants (NisquaIly)\ 127 11111111111I1111111111 ~lly_n~ELM COU $4S SS 3206026 Page 32 of 33 Sl!22!1999 S9 55A Thurston Co! l-lA ( IN WITNESS WHERE..t%' th~ undersigned have caused tills DeclaratIon to be executed tills /2, ~day of ~ ,191' J BARR FAMILY HOMES, INC., a Washington Corporation By ~a.~ Kirk Harr, P eSIdent STATE OF WASHINGTON ) ) SSe COUNTY OF PIERCE ) On tlus B- day of Novemb€r'" , 1998, before me, the underslgned, a Notary Public m and for the State ofWashmgton, duly COmmIssIoned and sworn, personally appeared Kirk Harr, to me known to be the Presldent, respectively, ofHARR F AMll., Y HOMES, INC , a Wasillngton Corporation, the corporatlOn that executed the foregomg mstrument, and acknowledged the SaId mstrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therem mentlOned, and on oath stated that they are authonzed to execute the said instrument. WITNESS my hand and OffiCIal seal hereto affixed the day and year first above wntten. ~tp~ K<!cI~Dn NOTARY PUBLIC 10 and for the State of Wasillngton, resld10g at Ta. com CO- My comnuSSlOn expIres J/-/Q.Cf8 "illH;>>" \. ,~ ". .. _ VI ,.. -I, ~ '''~'l ....~.. ,:.. :- ,fl" r . 'C . .... . . l . "1'.1. "... :.... \ .,. "'", 0\ cr. - ~ :.tON <;. It .. .' ~ I OI!~\"'.1;.1/ .-40 ~ (' r '\ --:'," DeclaratlOn of Covenants, CondltlOns and RestnctlOns Page 32 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\l27 \.. 11111I1111I1111I111111 rlTV nr vrlM COU S49 SS 3206026 Page 33 of 33 91/22/1999 S9 55A Thurston Co, ~A mcmO~.An::b um To: From: Date: Subject: SPRC CathIe Carlson October 2,2000 SUB-00-8267- YL - NIsqually Estates Fmal Plat Attached IS the applIcatIOn packet for the above referenced project. After your mItIal reVIew of the mformatIOn submItted, If you need addItIonal mformatIOn from the applIcant, please let me know as soon as possible. The followmg IS the tentatIve reVIew schedule for the project. November 22, 2000 - Packets dIstributed - begm 15 day reVIew penod. December 7, 2000 - Department confirmatIOn all condItIOns have been satIsfied or provIsIOns have been made to satIsfy condItIons. December 18, 2000 - Planmng ComrmssIOn reVIew January 10, 2001 - City CouncIl reVIew and approval . HOWARD GODAT PANTIER 2708 WESTMOOR COURT, SW OL YMPIA, W A 98502 PHONE (360) 943-1599 FAX. (360) 357-6299 Letter of Transmittal TO: City of Yelm PO Box 479 Yelm, W A 98597 DATE ATTN: RE: September 6, 2000 Cathy Carlson Nisqually Estates PROJECT #. 3939 WE ARE SENDING YOU: Prints x Mylars Specifications x Other: Record documents, etc 9/6/00 Bill of sale for water & sewer, warranty agreement, as-builts, lat conditions summar . THESE ARE TRANSMITTED as checked below: x For approval F or your use As requested F or reVIew and comment Approved as submItted Approved as noted Returned for correctlOns Other FOR BIDS DUE REMARKS: Feel free to call me or email meatdanb@hgaeng-surv.comif you have any questions. File # HGP# 3939 COpy TO: SIGNED: Dan Biles, P.E. Transmittal Printed on 09/06/00 E. \office \dfb \ word docs\F orms\transmi ttal.doc q' q". 'i. ;...' (" , ( After Recordmg Return to Bryce H. Dille of Campbell, Dille & Barnett PO Box488 3 17 South Mendlan Puyallup, W A 98371 ~ ,;. .~ .~,j,: .1.1' -/ ;,' ~ DE CLARA TION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR NISQUALL Y ESTA TES- DIVISION 1, PHASE 1 NISQUALLY-DIVISION 2, PHASE 1 Grantor' Harr Family Homes, Inc, a Waslungton CorporatlOn Grantee Nisqually Estates-DIVlslon 1, Phase 1 Nisqually-DIVlslon 2, Phase 1 Legal Descnptlon (abbreVlated) Lots 1 through 31, Nisqually Estates-DIVlslon 1, Phase 1 and Lots 73 through 103 of Nisqually Estates- DIvIsion 2, Phase 1, recorded under Thurston County Auditor's Recording Nos. 3 Z-00 02'4 ,3 ZOb 0 l S- Complete legalis on Page 2 of document. Assessor's Parcel No THIS DECLARATION IS made tlus J Z'tlt day of November, 1998, by HARR F Ai.\HL Y HOlvIES, L~C , a WashIngton CorporatlOn, (Declarant) DeclaratlOn of Covenants, CondltlOns and Restnctlons Page 1 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclarahon of Covenants (Nisqually)\127 ~ .;;f~ JUllII 11111 111111111 COU $4S SS 3206026 Pagl? 2 of 33 Sl/22/1S9S SS 55A Thurston Co, ~A " co <;:t. ^' , t ( I. BACKGROUND 1 Declarant IS the owner of certam real property m Thurston County, Waslungton, described as Lots 1 through 31, inclUSIve ofNisqually Estates-DIvisIOn 1, Phase 1 recorded under Thurston County Auditor's Recording No '32.0 l., 0 ~ y. , and Lots 73 through 103, mcluslve of Nisqually Estates-DIVIsIon 2, Phase 1, recorded under Thurston County AudItor's Recordmg No =3 e~ 0 zr- 2 Declarant IS also the owner of certaIn real property sItuated In Thurston County, Washmgton described as a portIon of the Northwest quarter of the Northeast quarter of SectIon 5, Townslup 17 N, Range 1 East of the W.M, wluch will be platted mto lots and kno'vvn as Nisqually Estates- DIVISIon 1, Phase 2 and Nisqually Estates-DIVlsIon 2, Phase 2 3 Declarant mtends to create on the property described m Paragraph 1 above together WIth the other property wruch IS described In Paragraph 2 above a reSIdentIal commuruty known as Nisqually Estates. 4 Declarant deSIres to preserve and enhance the property values, amerutIes, and the opporturutIes m the above described reSIdentIal commuruty and to provide for the health, safety, and welfare of resIdents, and to tlus end, deSIres to subject the welfare of resIdents, and to trus end, deSIres to subject the property described In Paragraph 1 above, together With such addItions as may be made to the property as set forth In Paragraph 2 wruch will be done by amendment to tills declaratIon and furthermore subject to the property the covenants, restnctIons, easements, charges, and lIens set forth m tills declaratIOn, each and all of wruch are for the benefit of the property and each owner 5 Declarant has Incorporated the Nisqually Estates Homeowner's ASSOCIatIOn to proVIde for a means of meetIng the purposes and Intent set forth In trus DeclaratIOn. n. DECLARATION 1 Declarant deciares that the property described In ArtIcle 1 Paragraph 1 above shall be held, transferred, sold, conveyed, and occupIed subject to the covenants, restnctIOns, easements, charges and liens set forth In tills declaration, together With the property described In ArtIcle I, Paragraph 2, above as will be subsequently added In the future by amendment to tlus DeclaratIOn. DeclaratIOn of Covenants, Conditions and Restrictions Page 2 I;\DA TA\D\BIID\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 \ 1 !1l11~I~l~IIIIIIIIIIIIIIIIIIIIIIIIIIII 11111 11111111 cov $4S SS 3206026 Pag~ 3 of 33 SI/22/1999 S9 SSA Thurston Co, ~A '<> ,., ., \ ( 2 Further, Declarant delegate and assign to the NISQUALL Y ESTATES HOMEOWNER'S ASSOCIATION, the power of maintaining, administering and enforcmg the covenants and restnctions, collectmg and disbursmg the assessments and charges created In tlus Declaration, and promotmg the health, safety, and welfare of the reSIdents. m. DEFINITIONS 1 "ACC" shall mean the Arclutectural Control Comnuttee as described In thIs Declaration. 2 "Articles" shall mean the Articles of Incorporation of the AsSOCiatiOn as defined below 3 "AssOcIation" shall mean the NISQUALL Y ESTATES HOMEOWNER'S ASSOCIATION, a Waslungton nonprofit corporation, Its successors and assigns. 4 "Board" or "Board of Directors" shall mean the Board of Directors of the AsSOCIatiOn. 5 "By-Laws" shall mean the By-Laws of the AsSOCiatIOn as they may from time to tIme be amended. 6 "Common Area" shall mean the real property and easements as described In thIs declaration. 7 "Declarant" shall mean HARR F~Y HOMES, INC, a Waslungton Corporation, and ItS successors and aSSIgns If such successors or assigns should (1) acqUire more than one lot from the Declarant for the purpose of development, and (2) be speCifically assigned the nghts and duties of Declarant by wntten mstrument In recordable form. That at such tIme a Declarant named above IS no longer the owner of any lot and such party shall no longer be considered a Declarant, they have the nghts, dutIes, and oblIgatiOns of a Declarant as set forth herem. 8 "DeclaratIOn" shall mean tills DeclaratIon of Covenants, ConditIOns, RestnctIOns and ReservatiOns for NISQUALL Y ESTATES HOMEOWNER'S ASSOCIATION, and any amendments thereto Declaration of Covenants, ConditIons and RestnctiOns Page 3 I:\DATA\D\BHD\M\HARR\Nisqually\ZDecIaration of Covenants (Nisqually)\127 11\\111 \\1\\ 111\111\111\ \1\1\ 1\11 1\1\\ll~ \\111 I II CITY OF YELM 3206026 ~ Page 4 of 3:j 61/22/1999 89 SSR Thurston Co, \.If! ,-- 'I> .. (" 9 "Easement Areas" shall mean the real property described m the easement areas, wluch shall be used for the benefit of all residents. 10 "First Mortgagee" shall mean a lender who holds the first mortgage or deed of trust on a lot and who has nottfied the Association m wntIng of lus holdIngs. 11 "Home" shall mean a structure located on a SIngle family lot which IS designed and mtended for use and occupancy as a residence by a SIngle family or wluch IS Intended for use In connectIOn WIth such resIdence. 12 "Lots" shall mean Lots 1 through 31 InclUSive ofNisqually Estates-DIVIsion 1, Phase 1 and Lots 73 through 103 ofNisqually Estates-DIVIsion 2, Phase 1, and also shall mean lots wluch shall be created m the future wluch are contaIned In Nisqually Estates-DIVIsion 1, Phase 2, and Nisqually Estates-DIVIsion 2, Phase 2 13 "Member" shall mean every person or entity who holds memberslup In the AssocIatIOn. 14 "Mortgage" shall Include a deed of trust or other secunty Instrument. 15 "Mortgagee" shall mean the beneficial owner or the assignee of the beneficial owner or ItS deSignee, of an encumbrance on a lot created by a mortgage and also mean the vendor or assignee or deSignee of vendor of a real estate contract for the sale of a lot. The Mortgagee shall be deemed a separate Mortgagee for each lot on wluch It holds a Mortgage which constItutes a first hen on said lot for purposes of detemurung the percentage of first Mortgagees approVIng a proposed deCISion or course of action. Mortgagee shall have the same votIng nghts as the owners on any lot subject to such Mortgage 16 "Owner" shall mean every person or entity, IncludIng Declarant, wluch IS a record owner of the fee Simple title to any lot, or If any lot IS sold under real estate contract, the vendee or vendees under that contract; proVIded however, that the term "Owner" shall not Include those haVIng such Interest merely as secunty for the performance of an obligatIOn. 17 "Property" shall mean the real property described above 18 "Structure" shall mean any buildmg, fence, wall, pole, dnveway, walkway, or the hke DeclaratIOn of Covenants, ConditIOns and RestrictIOns Page 4 I:\DA TA\D\BIID\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 l 11l~I~/I~IIIIIIIIII 1111111111111111111111111111111 COLI $4S SS 3206026 Page 5 of 33 81/22/1999 89 55A Thurston Co, l.JA ~ . , ( IV. PROPERTY SUBJECT TO THIS DE CLARA nON AND ADDmONS THERETO 1 The Property. The real property wruch IS subject to tms DeclaratIOn IS described m Article 1.1 and whIch IS described m ArtIcle 1 2 wmch will be added by amendment to thIs Declaration. V. COMMON AND EASEMENT AREAS 1 DescnptlOn of Common Area. The common areas shall mclude the easements as further described below together WIth the folloWIng tracts and each lot ownershIp shall have an undiVIded equal mterest for tax purposes m all of the followmg described tracts Tracts A, C, G, H, and I are storm water retention facilIties and shall be owned and mamtalned by all lot owners m common and each shall have an equal and undiVIded mterest m the same and shall be mamtamed by the homeowner's aSSOCiatIOn pursuant to a storm water facihty's mamtenance agreement to be entered mto WIth the City of Yelm. An easement is hereby granted to the City ofYelm over and across the above referenced tracts for access and mamtenance purposes for emergency or default. 2 Descnption of Easements A. The declarant has establIshed a pedestnan easement and shown as Tract N SaId pedestnan easement shall be SiX (6) feet WIde, Signed, graveled, and fenced. The fence shall be SiX (6) feet m height of solId matenal and set back twenty (20) feet from the publIc nght of way The homeowner's associatlOn shall be responsible for the mamtenance of said pedestnan easement and fence adjacent thereto B The declarant has establIshed for the benefit of all lots easements for draInage, utilItIes, landscapmg, entrance and monument areas, and the constructIOn and mamtenance of fencmg. The above described easements are reserved for the benefit of all lot owners and the AsSOCiation for the purpose of mstalling, mamtammg, and repamng any Improvements or utilItIes constructed WItrun SaId easement areas All utilIty and service orgaruzatlOns mcluding the City ofYelm and Thurston County, shall have the nght enter upon the easement areas at all times for the purposes herem statement and shall, to the extent reasonable and practical, restore the easement areas follOWIng mstallatlOn, maIntenance or repazr to their pre-work condItion. Declaration of Covenants, Conditions and RestnctlOns Page 5 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\ 127 1 !1l11~11~lllllllllllllllllllllllfJ 11111 Jill 3206026 Page S of 33 Sl/22/19S9 SS 55A Thurston COI IJA , -' ~ ;. ( C On each lot an easement IS reserved over and aGross a five foot stnp of land adjacent to the side boundary lmes (except any street boundary l1Oes) and a ten foot Wide stnp of land adjacent to the rear property lmes. The easements on the stnps of lands on the Side boundary and back boundary oflots shall be linuted to dra10age and to utihties that benefit only to the lots Withm the plat and no utility I10es may be put in those stnps of land on the Side and back oflots wluch benefit property other than the lots witlun the plat. D The Declarant does hereby reserve for the benefit of the AsSOCiatiOn an easement over all lots for the purpose of pernuttmg the AsSOCiatiOn to perform ItS duties and reqUirements under these covenants. 3 Use of Common Areas Each owner shall have the nght to use the common areas 10 common With all other owners subject to tlus declaratiOn, the by-laws, and any rules and regulatiOns adopted by the AsSOCiatiOn as the follOWing: (a) The ASSOCiatiOn may totally ban or restnct the use of portiOns of the common area and easements for ordmary use would be dangerous, would unreasonably mcrease the AsSOCiatiOn costs, or be detnmental to the enVlfonment. (b) The AsSOCiation shall have the nght to suspend the vOtIng nghts and nght to use any recreational facilities on the common area by any owner for any penod dunng wluch any assessment agamst saId owner's lot remams unpaid for a penod not to exceed 60 days, for any and each separate, mffactiOn of the ASSOCiatiOn rules and regulatiOns ( c) If any portiOn of the property Witlun the plat constitute wetlands buffer or wetlands area, those areas are subject to restnctions promulgated by the State of Waslungton and the County of Thurston and any other supplemental regulations establIshed by the AsSOCiatiOn consistent With the above referenced governmental restnctlons and regulatiOns. 4 Owners' Easements of EnJoyment Each Owner shall have the benefit of the "easements areas" and the "common areas" as defined above wluch shall be appurtenant and shall pass With the title to every lot subject to the followmg prOVISions (a) The nght of the AsSOCiation to adopt reasonable rules goverrung the use of the Easement Areas and the personal conduct of persons authonzed to use said areas, and to establIsh appropnate penalties for the VIolatiOn of those rules Declaration of Covenants, Conditions and RestnctiOns Page 6 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\ 127 11111I1111I11111111111 C IT't m: YELM COU $4S SS 3206026 Page 7 of 33 81/22/1999 89 55A Thurston COI \.lA ~ I ( ,> (b) The nght of the AsSocIatIOn to dedicate or transfer all or any part of the Easement Areas to any public agency, authonty, or utihty for the purpose for whIch such Easement Areas were constructed. 5 DelegatIon orUse. Any Owner may delegate hIs nght of enjoyment to the Easement Areas and the Common Areas and facilItIes to the members of hIs family, lus tenants, or hIs guest, subject to the linutatIons set forth above. 6 AsSOCIatIon to Mamtam. The AsSOcIatIon shall mamtam, repaIr, replace and unprove the common areas includmg but not hnuted to Tracts A, C, G, H, and I, the pedestnan easement area deSIgnated and shown as Tract N on the face of the plat mcludmg the fence adjacent thereto, street lights and lightmg If any, whIch are the responsibilIty of the AsSOCIatIOn to mamtam, all fencmg constructed by the Declarant for the benefit of the reSidents, maIlbox areas If any, constructed by the Declarant, all facilItIes and Improvements sItuated WIthm the common areas, utilIty charges and electncIty for any street lIghtmg to be mamtamed by the AsSOCiation as well as rrngatIon charges for mamtammg the landscaped areas, the storm water dramage system, and any other expenses approved by the Board of the AssociatIOn whIch are for the benefit of all lot owners. The ASSOCIatIOn shall also mamtam lIabilIty and casualty Insurance m such amounts as may be detemuned by the Board of the Homeowner's AsSOCIatIon and the cost of said msurance shall be paId from assessments as prOVIded for herem. The ASSOCIatIOn shall also have the nght to employ such managers or management comparues as IS necessary m order to asSIst the AsSOCIation and discharge ItS duties and oblIgatIOns under thIs agreement m adnurustenng the affaIrs of the ASSOCIatIOn. All of the above expenses shall be paId by the homeowner's aSSOCIatIOn from the assessments collected from the lot owners as proVided for herem. 7 A Delegation to Manager The board of dIrectors may delegate any of Its managenal duties, powers or functIOns to any person, firm or corporatIOn proVIded that any management agreement for the project shall be termInable by the AsSOCIatIOn for a cause upon thIrty (30) days wntten notice, and the term of any such agreement may not exceed one (1) year renewable by agreement by the partIes for succeSSIve one (1) year penods The members of the board of dIrectors shall not be lIable for any onussIOn or Improper exerCIse by the Manager of any duty, power or functIOns so delegated by wntten mstrument executed by a maJonty of the board of dIrectors Declaration of Covenants, Conditions and RestnctIons Page 7 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclarauon of Covenants (Nisqually)\127 11111I1111I11111111111 r TTY i1F YEl M COU $4S SS 3206026 Page e of 33 61/22/1999 S9 55A Thurston Co, I-lA 'r l VI. HOMEOWNER'S ASSOCIA nON 1 MembershIp Every Owner of a Lot shall be a Member of the AssocIatIon. MembershIp shall be appurtenant to and may not be separated from ownershIp of any Lot. When more than one person holds an mterest m any Lot, all such persons shall be Members. OwnershIp of a Lot shall be the sole qualIficatIon for membershIp 2 Votmg. Each lot shall vest m Its owners with one vote on all matters. No lot shall be entItled to more than one vote. Lots owned by a husband and WIfe, or Jomtly by more than one mdlVIdual or entIty, shall be entItled to only one vote per lot by the lot owners cumulatIvely and not individually Matters mvolvmg the capItal improvements of the common areas shall reqUire an affirmatIve vote of SIxty-SIX percent (66%) Matters InvolvIng VIew nghts, amendments to tlus DeclaratIon and mcorporatlon of the Homeowner's ASSOCIatIon shall reqUire an affirmatIve vote of seventy-five percent (75%) AIl other matters shall requIre an affirmatIve vote of fifty-one percent (51%) unless otherwIse stated elsewhere In thIs DeclaratIon or amendments thereto 3 Meetmgs. Subsequent to such tIme as the Declarants shall no longer have the nght to appoInt dIrectors under Paragraph VI(12), the AssociatIon may schedule regular meetmgs at least once a year Other speCIal meetIngs may be called In accordance WIth the terms and provISIons of the by-laws of the AsSOCIatIon. Minutes shall be kept at such meetmgs whIch shall Include a record of all votes taken. 4 LIability Insurance. The AsSOCIatIon may maIntaIn habihty and/or hazard Insurance covenng the common areas and work performed by or on behalf of the AsSOCIation. 5 Dues. Assessments. Assessments as prOVIded for herem shall be on an annual or other penodic basIS as determined by the board of dIrectors of the Homeowner's AsSOCIatIon. 6 Common Expenses. That the expenses whIch shall be conSIdered expenses 10 common WIth all of the lot owners, are those set forth 10 ArtIcle V, Paragraph 6 Common expenses shall be mclusIve of the cost of habilIty and casualty msurance whatever amount IS reasonable and deemed appropnate The responsibilIty for the common expenses shall be adrrurustered by the ASSOCIatIon. DeclaratIOn of Covenants, CondItions and Restnctlons Page 8 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 111111111111I "" 111I111 rTTV 11F" vn M cou S4S SS 3206026 Pa9~ 9 of 33 Sl!22!1999 S9 55A Thurston Co, I-lA 't 7 Lien for Failure to P&y In the event any party fails to pay, Wlthm 30 days of recelvmg a bill for their portion of the expense, then the Association may file a hen, substantially 10 the form of a labor and material hen. The hen shall be a hen agamst the property of the non-paymg party and forecloseable 10 the same manner as a labor and matenals line, Without, however, the requrrement to file SUIt WithIn eight (8) months. The lien shall have perpetual eXistence until paid and released by a recorded hen release. The unpaId balance shall bear mterest at the hIghest legal rate until paId and the non-paymg party shall be hable for costs and attorneys fees expended m any collectIon action mcludmg but no hnuted to the foreclosure of the hne Sale or transfer of any lot shall not affect the assessments as to payments thereof wluch became due pnor to such sale or transfer whether a hen IS filed pnor to the sale or not. No sale or transfer shall relieve such lot from liability for any assessment, dues or other charges thereafter becommg due or fro_m the hen thereof The word "mortgage" shall mclude a "deed of trust II or real estate contract. That not Wlthstandmg any of the proVIsions set forth herem, 10 the event of any sale or transfer of any lot pursuant to or as the result of a foreclosure of a mortgage or deed of trust, or by deed or assignment 10 heu of foreclosure, or any proceedmg 10 lieu thereof, such possessor, ItS successor, and assigns shall not be hable for the share of the common expense or assessments made by the AsSOCiatIon chargeable to such lot whIch became due pnor to such possessIOn. The unpaId share of common expenses or assessments shall be deemed to be a common expense collectible from all of the owners, mcludmg such possessor, lus successors, and assigns 8 SubordmatlOn of Lien. Any hen allowed or proVIded by tills declaratIOn shall be conSidered subordmate and Infenor to any bona fide first mortgage or first posltlon deed of trust (but not to a real estate contract) where the lender under such first mortgage or deed of trust IS a bank, saVIngS and loan, F.HA., VA., or other mstltutIonallender If required by such InstitutIOnal lender, the holder of a hen proVided for herem, whether the holder be the Declarants, the ACC, the AssociatIOn, a lot owner, or othefWlse, will execute a standard form subordmatlOn agreement to effect the purposes of thIs proVISion. Tills proVISion shall also apply to refinancmg of an eXlstmg first position mortgage or deed of trust where the refinancmg lender IS an mstltutlOnallender as above described. Tills provlSlon shall not apply to any sale of all or part of any lot where the lot owner, subject to an eXlstmg hen, carnes the sale contract or deed of trust, or othefWlse acts as lender to a purchase of the hened lot. Except as proVided above, no hen allowed or proVided by tills DeclaratIOn shall be effected by a sale, transfer or refinance of the hened lot or lots 9 Personal Liability Each assessment, dues, or other charges, together With mterest, costs, and reasonable attorney fees shall also be the personal obligation of the owner of the lot DeclaratIOn of Covenants, Conditions and RestnctlOns Page 9 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 '--- 11111I1111111111111111 I~ TTV III=' VI='I M rou S4S SS 3206026 Page 1S of 33 S1/22/1999 S9 55A Thurston Co" I-lA ( at the tune such assessment, dues, or other charge became due. The personal obligation of such owner s hall not be relieved by sale or transfer of the lot, and shall not become the personal obligation of the owner's successors m mterest unless expressly assumed by them. The new owner shall be personally liable for assessments, dues, or other charges wluch become due on or after the date of sale or transfer ProVIded that, notlung m tlus sectIOn shall reheve the lot from l1ability for such dues, assessments, or other charges, or the lien therefore 10 Rate of Assessment. Except as proVIded for herem, annual or regular and special assessments shall be at a urnfonn rate for all lots. 11 Directors. The Declarants shall act or appoint the board of directors untd such tune as 75% of the lots have constructed on them a residence and have been sold and conveyed to other than builders. After 75% of the lots have had residences constructed on them and said lots have been conveyed to other than builders, then the Declarants m accordance With the by- laws shall conduct by mail an electIOn of a board of directors and shall then act m accordance and m connection With the tenus and proVISIOns of the Articles oflncorporatlOn, By-Laws, and tlus DeclaratIOn. 12 ASSOCiatIOn ObhgatlOn. The AsSOCiation shall be obhgated to perfonn the mamtenance and repalr as more specmcally set forth m Paragraph V (6), provided that If any work IS reqUired as a result of any neghgent or mtentlOnal act or adnusslOn of any owner, or the owner's agent, family or tenants, than the cost of such work shall be pald for exclUSively by such owner and shall become a part of the assessment leVIed agalnst such owner's lot or lots. 13 Mamtenance Contract. The AsSOCiation may enter mto contracts for the mamtenance and repalr of any area reqUired to be malntamed or repalred by the AsSOCiatIOn. Such contract shall be signed by the board of dIrectors on behalf of the AssocIatIOn or by the Declarants actmg as the board of directors so long as the Declarants IS actmg on the board of dIrectors VTI. OFFICERS The Board of Directors shall appomt mdlVIduals to serve as President, Treasurer and Secretary Each officer shall be a member of the Board. The tenn of each officer shall be one year Officers may be elected to consecutive tenns. Declaration of Covenants, Conditions and RestnctIons Page 10 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\ 127 lIlt J\ll \~,\ \\,\\\, '1'1' I'll \'\'~j" It{ ~J 3206026 Page 11 of 33 a1!22!lSSS as SSA Thurston COI ~A 7 " / vm. INCORPORA nON The Association shall be mcorporated under the laws of the State ofWashmgton and may apply for tax exempt status With the IRS The Articles of AssociatiOn and Bylaws shall not be contradictory to and shall supplement tlus DeclaratiOn. IX. EXTRAORDINARY USE COSTS In the event that one or more lot owners should by therr use of the common areas cause It to be subjected to other than reasonable wear and tear or by therr actions damage those common areas or any unprovements located thereon or therem, then individual subJectmg the common area to such use shall Dave the obhgatiOn to repatr such damage upon demand by the ASSOCIatiOn and to restore such common area to the condition that eXIsted pnor to such use or actiOn and all expenses therefore shall be paid by such mdlvidual. X. ASSESSMENTS 1 Covenants for Mamtenance Assessments. (a) Declarants, subject to the proVISions oftms DeclaratiOn for each lot owned by It agrees and each owner oflot by acceptance of a deed therefore, whether or not It shall be so expressed In any such deed or other conveyance, IS deemed to agree to pay to the ASSOCiatiOn (i) annual or other regular assessments, and (ii) special assessments for capital Improvements. (b) The annual or other regular and Special assessments, together With Interest, costs and reasonable attorney's fees, shall be a charge and a contInuIng hen upon the Lot agamst wmch each such assessment IS made Such hen may be foreclosed by the AsSOCiatIOn In like manner as a Mortgage on real property ( c) Each assessment, together WIth Interest, costs, and reasonable attorney's fees, shall also be the personal obligatlon of the person who was the Owner of the Lot assessed at the time the assessment fell due The personal obligation shall not pass to the Owner's successors-m-mterest unless expressly assumed by them. The new Owner shall be personally hable for assessments wluch become due on and after the date of sale or transfer DeclaratiOn of Covenants, CondItions and Restnctions Page 11 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 111111~1~ ~IIIIIIIIIIIIIIIIIIIIIIIIIIII III11II~ 1111 cou S4B BS 3206026 Page 12 of 33 91/22/1999 99 55A Thurston Co, IJA , I ~ 2 Purpose of Assessments. The assessments levied by the AsSOCIatIon shall be used exclUSIvely for the purpose of promotIng the recreatIon, health, safety and welfare of the resIdents of the Property, Including the improvement, repair and maIntenance of the Common Areas and the services and facilItIes related to the use and enjoyment of saId areas, for the payment of msurance prerruums on the Common Areas, and for the mamtenance of other areas as proVIded for In tlus DeclaratIOn. 3 Board to Fix Annual or Regular Assessment. The Board of DIrectors shall fix the regular or annual assessment at least tlurty (30) days pnor to the commencement of the annual or regular assessment penod. Wntten notIce of the annual or regular assessment shall be sent to every Owner In the event the Board fails to fix an annual or regular assessment for any assessment penod, then the assessment established for the annual or regular assessment for the pnor year shall automatIcally be contmued until such tIme as the Board acts. The annual or regular assessment establIshed for the pnor year shall automatIcally be contInued until such tIme as the Board acts The annual or regular assessments shall be suffiCIent to meet the oblIgatiOns Imposed by the DeclaratIon and any supplementary declarations, and shall be suffiCIent to establIsh an adequate reserve fund for the maIntenance, repaIr and replacement of those Common Areas wluch reqUire such actIons on a pen OdIC baSIS That m the event there IS any mcrease In the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the pnor assessment penod, then It must be approved as proVIded for m SectiOn 2, ArtIcle X of the Bylaws of the AsSOCIatiOn wluch are mcorporated as herem as though fully set forth. 4 SpecIal Assessments for CapItal Improvements. In addItiOn to the annual or regular assessments authonzed above, the ASSOCIatiOn may levy In any assessment year, a speCial assessment applIcable to that year only, for the purpose of defraYIng, m whole or In part, the cost of any constructiOn or reconstructiOn, unexpected repaIr or replacement of capital Improvements upon the Common Area, mcludmg the necessary fixtures and personal property related thereto That any speCial assessment for capital Improvements must be approved m accordance With the provIsions of SectiOn 3 of Article X of the Bylaws of the ASSOCiation wluch are mcorporated herem as though fully set forth. 5 Rate of Assessment. Both annual or regular and special assessments shall be fixed at a uruform rate for all Lots. 6 IrutIatlon Fee. The IllitlatIon fee wluch will be paid by each lot owner at the time of closmg of each lot shall be $250 00 wluch Will be patd at time of c10smg and wluch amount DeclaratiOn of Covenants, ConditIons and RestnctIons Page 12 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 J\ l11L1 IIIIIIIIUI U II 3206026 Page 13 of 33 Sl/22/1999 a9 SSA Thurston Co, ~A shall be paId drrectly to Declarants to partIally reunburse Declarants for expenses assocIated Wlth unprovements mstalled by Declarants on behalf of the AssocIation. 7 IrutIal Assessment. The lllitIal assessment until changed by actIOn of the AsSocIation shall be $120 00 per year for each lot and will be paId at the tune of closmg of each lot wluch amount shall be paid to the AssocIatIon in an amount equal to the prorated portIon of the InItIal assessment agamst that lot for the balance of the calendar year Commencmg on the 151 of January of each year subsequent to the date of closmg the sale of a lot from the Declarant, the purchaser and successors and asSIgns shall pay an annual assessment of $120 00 per year wluch will be due and payable on or before the 1511I of January of each year In the event the expenses of the AsSOCIation are m excess of the assessments collected, then the Declarant agrees to pay the dIfference to the AssocIatIOn as long as the Declarant IS still the owner of any lot. However, the Declarant shall be entitled to be reImbursed the payment of any such dIfference from assessments as they are subsequently collected. Once the Declarant has sold or conveyed all lots owned by the Declarant, then the Declarant shall no longer be hable under the proViSIons oftlus paragraph. The Declarant IS not hable for any annual assessment relative to any lot owned by the Declarant. 8 Effects of Nonpayment of Assessments: Remedies of AsSOCIatIon. Any assessments whIch are not paId when due shall be delinquent. If the assessment IS not paId walun tlurty (30) days after the due date, the assessment shall bear mterest from the date of dehnquency at the rate of twelve percent (12%) per annum, and the AsSOCIatIOn may bnng an actIOn at law agamst the Owner obligated to pay the assessment, or may foreclose the hen agaInst the Property, and m eIther event, mterest, costs, and reasonable attorney's fees shall be added to the amount of such assessments. No Owner may waIve or otherwIse escape habihty for annual or special assessments by nonuse of the Common Area or by abandonment of lus Lot 9 Subordmatlon of LIen to Mortgages. The lien of the assessments proVIded for m thIS DeclaratIon shall be subordinated to the lien of any First Mortgage Sale or transfer of any Lot shall not affect the assessment hen. However, where the mortgagee or a Mortgage of record or other purchaser of a lot obtams posseSSIOn of the Lot as the result of foreclosure of a Mortgage, or by deed or assIgnment In heu of foreclosure, such possessor, lus successors and aSSIgns, shall not be hable for the share of the common expenses or assessments by the ASSOCiatIOn chargeable to such Lot wluch became due pnor to such posseSSIOn. Such unpaId share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners, mcludmg such possessor, lus successors and assIgns Declaratlon of Covenants, CondItions and RestrictIOns Page 13 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDecIaration of Covenants (Nisqually)\127 '-- 1111I11111I11111111I11 CITY O~ YELM COU $48 SS 3206026 Page 14 of 33 81/22/1999 89 SSA Thurston Co, ~A 10 CertIficate. The AsSOcIatIOn shall upon demand furrush a certIficate m wntmg SIgned by an officer of the AssoClatIon settIng forth whether the assessments on a specIfied lot or dwelling urnt have been prod. A reasonable charge may be made by the AssocIatIOn for the Issuance of these certrlicates Such certrlicate shall be conclusIve eVIdence of payment of any assessment stated in the certIficate to have been prod. 11 Exempt Property The follOWIng property shall be exempt from the payment of annual and speCIal assessments authonty (a) All porttons of the propertIes dedicated to and accepted by a local publIc (b) The common areas. (c) All lots and dwelllOg uruts owned by the Declarant untIl a lot has been sold and conveyed by the Declarant. XI. MAINTENANCE AND USE 1 Busmess and Commercial Use. Except for builders' temporary sales offices, no lot shall be used for other than s10gle family dwellmg and no trade, craft, bUSIness, profeSSIOnal, commerCIal or manufactunng enterpnse or bUSIness or commerCIal actIVIty of any klOd shall be conducted or earned on any lot or WIthm any build10g located on the lot; nor shall any goods, matenaIs, or supplies used m connectIon WIth any trade, sernce or bUSIness, wherever the same may be conducted, be kept or stored outSIde any build10g on any lot, nor shall any goods used for pnvate purposes and not for trade or busmess be kept or stored outSIde any buildIng on any lot whIch IS VIsible from the street or any other lot. However, home occupatiOn bUSInesses may be conducted, subject to the approval by the board of dIrectors of the ASSOCIatIon home occupatIon bUSInesses may be conducted, subject to the follow1Og regulations or any other regulatIOns or zomng requrrements of Thurston County or whIch may be unposed by the Board of DIrectors 10 grantIng approval 1 It IS carned on exclUSIvely by a family member who reSIdes In the reSIdence constructed on a lot. 2 It has no outSIde storage, extenor IndIcatIon, or outSIde actIVIty 3 It uses no heavy eqUIpment, power tools, or power sources not common to a reSIdence. Declaration of Covenants, ConditIons and RestnctIons Page 14 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 '- Jl JI JlJ 1IIIIIIIlJ It II 3206026 Page 15 of 33 Sl/22/1999 89 55A Thurston COI \.lA 4 It has no pIck-up or delivery by commercIal velucles. 5 It does not have more than four persons per day com1Og to the subject property for goods or sefVIces. 6 It creates no noise, dust, glare, vibratIon, odor, smoke or other impact adverse to a resIdentIal area." Xll. ARCIDTECTURAL CONTROL COMMITTEE 1 Appomtment. An Arclutectural Control Comnuttee shall consIst of at least one (1) but not more than three (3) persons. The lOltIal Arclutectural Control Comnuttee shall conSIst of KIRK HARR. Any additIOnal members may be appomted by the Declarant. Each member shall hold office until he or she reSIgns, IS removed or until a successor has been appomted and qualified. Each Declarant shall have the authonty to appomt the members of the ACC until all of the Lots owned by that Declarant have been sold and s10gle family reSIdences have been constructed thereon. Thereafter, the members of the ACC shall be appomted by the Board of DIrectors of the AssocIatIOn. The Board of DIrectors may only appomt as members of the ACC 10dIVIduals who are also lot owners. 2 DutIes. The ACC shall have the authonty to reVIew and act upon proposals and plans subnutted and to perform other dutIes set forth 10 tlus DeclaratIOn. The members of the ACC may delegate theIr duties to anyone member 3 AdoptIOn of GUIdelInes. The ACC shall have the authonty to adopt and amend wntten gUIdelines to be applied 10 ItS reVIew of plans and specificatIons 10 order to further the 10tents and purposes of tlus DeclaratIOn and any other covenants or restnctIOns covenng the PropertIes. If such gUIdelInes are adopted, they shall be available to all Members upon request. 4 MeetIng: CompensatIOn. The ACC shall meet as necessary to properly perform Its dutIes, and shall keep and ma1Ota1O a record of all actIons taken at the meet10gs or otherwIse Unless authonzed by the AsSOCIatIOn, the members of the ACC shall not receIve any compensatIon for therr baSIC servIces. However, If tIme III excess of five (5) hours IS reqUIred for the reVIew and approval of any proposal, the Owner subnutt10g the proposal shall pay a fee for the addItIOnal time based upon usual and customary arclutectural fees 10 the area. All members shall be entItled to reunbursement for reasonable expenses mcurred 10 connectIOn WIth the performance of ACC dutIes Declaration of Covenants, CondItIOns and RestnctIons Page 15 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\l27 '- JUlll 111111 ilL II Jill 3206026 Page 16 of 33 al/22/1999 a9 55A Thurston Co, ~A , , 5 Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not be a WaIver of the right to WIthhold approval of any slnular plan, draWIng, specIfication, or matter submitted for approval. 6 LIability NeIther the ACC nor any of Its members shall be hable to the AsSOCIatIon or to any Owner for any damage, loss or prejudice resulting from any actIon taken m good faIth on a matter subrrutted to the ACC for the approval or for failure to approve any matter subrrutted to the ACC The ACC or ItS members may consult WIth the AsSOCIatIOn or any Owner WIth respect to any plans, draWIngs, or specIficatIOns, or any other proposal subrrutted to the ACC 7 Plan ReVIew Fees. The ACC may employee engineers, arclutects, and other profeSSIonals to reView plans and take other actions as deSIgnated by the ACC and, therefore, the ACC may charge a fee to reVIew plans In an amount not to exceed $150 for each plan reVIew Xill. ARCHITECTURAL AND LANDSCAPE CONTROL 1 Approval of Plans ReqUIred. None of the followmg actIOns may be taken until plans and speCIficatIons for the same have been approved m wntmg by the ACC (a) The construction ofpnvate road or dnveways. (b) The constructIOn or erectIon of any buildIng, fence, wall or other structure, mcluding the InstallatIOn, erectIOn, or construction of any solar collectIon deVIce (c) The remodeltng, repaIntmg, reconstructIon, or alteratIon of any road, dnveway or other structure Any such actIOns wluch have been approved shall only be taken In confOrmIty WIth the plans and specIficatiOns actually approved by the ACC, and no changes In or deVIatIons from the approved plans and specIficatIons shall be made WIthout the pnor wntten approval of the ACC 2 Procedure for ApprovaL Any person wishing to take any of the actIOns described above shall submIt to the ACC two sets of plans and specificatiOns wluch meet the followmg reqUIrements DeclaratIOn of Covenants, CondItIons and Restnctlons Page 16 I:\DA T A \D\BHD\M\HARR \Nisqua11y\ZDecIaration of Covenants (Nisqual1y)\ 127 1111111111I11111111111 rrTY OF YELM cou $4S SS 3206026 Page 17 of 33 Sl!22!lSSS SS 55A Thurston Co, ~A .... (a) Plans for the construction or modificatIon of roads or driveways shall show the proposed location, course, Width, grade and materials. (b) Plans for the constructiOn or modrlicatlon of any building, fence, wall, or other structure shall be buildmg elevation plans whIch, m addItiOn to the details customarily shown on the Lot, the exterior color scheme, proposed outdoor lightmg, proposed landscapmg, and shall show and otheIWlse identIfY any SpeCIal needs or conditions whIch may anse or result from the mstallatiOn, erection, or constructIon of any solar collection deVIce. At the request of the ACC, the person subnuttmg such plans shall locate stakes on the Lot whIch mdicate the comers of the proposed structure. The plans for the first structure to be located on lots shall include a landscaping plan, including a speCIficatiOn as to the proposed time for completion of the landscapmg. ( c) Plans for the removal or plantmg of trees and plants shall show the location, type, and approXlmate Size of the trees or plants to be added or removed. (d) Plans for Site surface water dramage Approval of such plans and speCificatiOns shall be eVIdenced by wntten endorsement on such plans and speCifications, one copy of whIch shall be delivered to the Owner of the Lot upon wluch the proposed action IS to be taken. The ACC shall not be responsible for any structural defects m such plans or speCificatIons or m any bUIldmg or structure erected accordmg to such plans and specrlicatiOns. 3 Cntena for Approval. Approval of plans and specrlicatIons may be Withheld or conditiOned if the proposed actiOn IS In vanance With these covenants, other covenants covenng the Properties, or deSign gUidelines adopted by the ACe Approval may also be Withheld or conditiOned if, In the opInIon of the ACe, the proposed actiOn Will be detnmental to the commuruty or to any other Owner, because of the gradIng and dramage plan, location of the unprovement on the Lot, color scheme, firush deSign, proportiOns, Size of home, shape, height, style, matenals, outdoor lightmg proposed, or landscapmg plan, or Impact on View nghts or pnvacy 4 Failure to Approve. In the event that the ACC fails to approve or dIsapprove an action Within tlurty (30) days after plans and speCIficatiOns have been subnutted to it, or In any event, if no SUIt to enJoIn the action has been commenced Withm ten (10) days after the DeclaratiOn of Covenants, Conditions and RestrictiOns Page 17 I:\DA T A \D\BHD\M\HARR\Nisqua11 y\ZDeclaratJ.on of Covenants (Nisqua11y)\I 27 111l11["~J~/IIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111 COU $4S SS 3206026 Page 18 of 33 &1/22/1999 a9 55A Thurston Co, ~A completIOn thereof, approval will not be requIred and the related covenants shall be deemed to have been fully complIed WIth. 5 Confomuty WIth Approved Plans It shall be the responsibilIty of the ACC to detemune that actIons have been completed In accordance WIth the plans as subrrutted and approved. Such deterrrunatIon must by made WIthin 30 days of the completIon of the actIOn. If the ACC shall deterrrune that the actIon does not comply WIth the plans and specIficatIons as approved, It shall notify the Owner WIthIn the 30 day penod, and the Owner, WItlun such tIme as the ACC shall specIfy, but not less than 30 days, shall eIther remove or alter the unprovement or take such other steps as the ACC shall deSIgnate. If no actIOn by the ACC IS taken WIthin 30 days of the date of completIon of the Improvement, the actIon shall conclUSIvely be deemed to be satIsfactory to the ACC 6 ExclUSIons. Dunng the development penod which IS defined as the constructIOn of the lIDtIal reSIdences on the property, the Declarant shall have the nght to WaIve the plans and speCIficatIOns reVIew for builders In NISQUALL Y ESTATES Any such WaIver shall not exempt SaId builder from any of the standards or restnctIons artIculated In tlus DeclaratIOn and all structures and Improvements shall meet all standards and restnctIOns contaIned In these DeclaratIOns 7 Extenor Mamtenance. Each owner shall have the oblIgatIon to maIntaIn lus lot and any buildIng or Improvements located on the property satIsfactory to meet standards appropnate for a first class reSIdential commumty If the owner of any lot falls to maIntaIn that lot, buildings, and any other unprovements In confomuty WIth these standards, the ASSOCiatIon after approval of two-tlurds of the board, shall have the nght, through Its agent contractee, contractors or employees, to enter upon the lot and to clean, repaIr, maintaIn and restore the lot and the extenor of buildIngs and other unprovements The cost of such extenor maIntenance shall be added to and shall become part of the assessment to wluch SaId lot IS subject. XIV. PERMITTED AND PROHIBITED USES 1 Land Use and Buildmg Type. All lots subject to these protectIve covenants shall be used only for reSIdentIal purposes. No structures of any kInd shall be erected or perrrutted to remaIn on any lot other than SIngle family reSIdences, garages, work shops, and structures normally accessory to such reSIdences. No carports will be allowed and all garages must have doors. All dwellings shall be of a "stick built" vanety Mobile homes, manufactured hOUSIng, DeclaratIOn of Covenants, CondItIons and RestnctIOns Page 18 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaratIon of Covenants (Nisqually)\127 C1~ JIJJ IIIIIIIIUI U II 3206026 Page 19 of 33 61/22/1999 69 55A Thurston Co, \.lA ( and modular homes are specIfically not pernutted. One two-car or three-car garages are perrrutted and they shall be Incorporated m or made a part of the dwellIng house and no detached garages shall be penrutted except with express approval by the Arclutectural Control Comnuttee. 2 Swumrung Pools. Unless approved by the ACC In wntIng, swunming pools and hot tubs shall not be nearer than ten (10) feet to any Lot lIne and shall not project WIth their COpIng more than four (4) feet above the establIshed grade 3 CompletIon of ConstructIon. The constructIOn of any buildIng on any lot, includIng paIntIng and all extenor firush, shall be completed WItlun five months of begmrung of constructlOn so as to present ~ firushed appearance when VIewed from any angle. The buildIng area shall be kept In a reasonably clean and workman-like manner dunng constructlOn. All lots shall be kept m a neat and orderly condition, free of brush, VInes, weeds and debns. The grass thereon shall be cut and mowed at suffiCient Intervals to prevent creation of a nUIsance or fire hazard. 4 Landscape CompletlOn and Standards. The entire front yard, IncludIng up to the edge of the hard surface of the street frontIng any lot, shall be landscaped In accordance With the proVISions of tlus sectIOn. The landscaping shall be Installed WIthIn thIrty days after the occupancy of a reSidence on a lot. If Inchmate weather condltlOns prevent the timely installation of saId landscapmg Improvements, the lot owner must make apphcatlOn to the ACC for an extension of time until weather condltlOns suffiCiently Improve For comer lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped. "Front yard" shall be defined as the lot area extending from the front property lme back to a line measured parallel WIth the front property line whIch would comclde with the front wall of the main dwellIng on the lot, exclUSive of any garage projectIOns. The front yard landscapmg will mclude all of the adjacent pubhc street nght-of-way along the lot frontage out to the edge of the hard surface of the pubhc street. Each lot owner shall be responsible for installIng and maIntaIrung the landscaping WithIn the adjacent nght-of- way At least 75% percent of every front yard less dnveway and walks shall be maintained as lawn area unless othefWlse approved by the ACC Within 30 days after occupancy, all comer lots WIth VIsible backyard areas from adjacent street nght-of-ways shall have landscapmg completed on the enUre lot area unless otherwise approved by the ACC Declaration of Covenants, CondltlOns and Restncbons Page 19 L\DA TA \D\BlID\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 '--- 1111111111I1111I111111 rrrv n~ V~IM cou $4~ ~~ 3206026 Page 2S of 33 Sl/22/199S 69 55A Thurston COI l-JA " , .' . ( WithIn 30 days after occupancy, all other rear yards not otherwIse landscaped must be seeded m lawn. 5 Parlang. Unless fully enclosed WItlun an approved structure upon a lot, no recreatlOnal velucle, commerCIal velucle (except automobiles and pick-up trucks wluch are used by the lot owner m dnvmg to or from place or operatIon of bus mess), constructlOn or like eqUlpment, trailers, (utihty, boat, campmg, horse or otherwIse), or disabled vehtcle shall be allowed to be parked or stored on any lot, except as proVlded and approved by the Homeowner's AssoclatlOn. All parking ofvelucles of any nature on any street or roadway IS subject to the rules and regulatlons of the City ofYelm. No velucles may be parked on any street or any roadway except on a temporary basIS subject to such rules and regulatlOns as may be adopted by the Homeowner's AssoclatlOn. With the exceptlOn of the velucles and trailers prohibIted above, velucles may only be parked on dnveways or on otherwIse deSIgnated and approved parkmg areas on a temporary basIS only The AsSOCIatIon shall adopt such reasonable rules and regulatlons as may be necessary to enforce these parlang proVlsions. 6 NUisances. No noXlOUS or undeSIrable tlung, or noXlOUS or undeSirable use shall be permitted or mamtamed upon any Lot or upon any other portlOn of the PropertIes. If the Board determmes that a thIng or use IS undeSirable or noXlOUS, that determmatlOn shall be conclusive. Any motor velucle (includmg motorcycles and go-carts) makmg repeated tnps m and around the Property and roadway shall be automatically deemed a nUisance 7 ExcavatlOn and Fill. Except With the pemusslOn of the ACC, or except as may be necessary ill connectJ.on With the constructIon of any approved Improvement, no excavation or fill shall be made nor shall any dIrt be removed from any Lot herem. 8 Drainage. The owner of any lot shall not take any actIon wluch would mterfere With surface water dramage across that lot eIther through natural drainage or by drainage easements. Any change of drainage, eIther through natural dramage areas or through dramage easements must be approved by the ACC All dramage improvements must be completed pnor to occupancy m accordance With the drainage plan subrrutted to the ACC 9 Use Dunng ConstructiOn. Except WIth the approval of the Board, no persons shall reSide upon the prerruses of any Lot until such time as the Improvements to be erected thereon m accordance With the plans and specdicatlOns approved by the Board have been completed DeclaratlOn of Covenants, ConditIons and RestnctlOns Page 20 I:\DA TA\D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\l27 WI ~I~UI 1111 11I11 If If 11111I1111111II1/ cou S4S SS 3206026 Pagl? 21 of 33 al/22!1999 a9 55A Thurston Co, l-IA 1 0 ~ No sign shall be erected or maintained on any lot except that not more than one "For Sale" or "For Rent" SIgn placed by the owner or by a licensed real estate agent, not exceeding 5 square feet may be temporarily displayed on any lot. Declarant shall also have the unrestncted right to place and mamtam such other advertIsmg SIgnS as may be reqUired by Declarant to promote the sale of any lots by Declarant, mcludmg but not hnuted to monument type sIgns at the entrance to the subdiVIsion. That signs for model homes constructed by builders shall be approved by the ACC 11 Arumals. No arumals or reptiles of any kInd shall be kept on the any lot except that dogs, cats or other household pets may be kept on a lot subject to the rules and regulatIons adopted by the AssoclatlOn. All dogs must be kept on a hand held leash when outSIde and all other pets must be kept m yards unless accomparued by a lot owner The deSIgn and location of any kennel shall be approved by the ACC No arumal may be kept, bred or mamtamed for any commercIal purpose Each lot owner shall be responsible for the pIckmg up and the dISposal of that pet owner's arumal waste. All dogs must be kept so as to nurunuze exceSSIve nOise from barkIng, to be otherwise conSIdered as a nUisance. The aSSOCIatIon, by appropnate rules and regulatlOns may deternune the number and kmd of pets to be kept on any lot. 12. Garbage and Refuse. No garbage, refuse, rubbISh, cuttmgs or debns of any kmd shall be deposIted on or left upon any Lot unless placed m an attractIve container SUItably located and screened from public vIew All eqUIpment for the storage or dIsposal of such matenals shall be kept m a clean and sarutary condltlOn. 13 Temporary Structure. No structure of a temporary or removable character, mcluding but not linuted to, a trailer, mobIle home, basement, tent, shack, garage, barn or any other building shall be kept or used on any Lot at any time as a reSIdence Trus proVISIon shall not be deemed to prevent the use of a constructlOn shack or trailer for purposes of storage or secunty at any tIme dunng the Iilltlal penod of constructlOn. 14 UtilIty Lmes. RadlO and TeleVISIon Antennas. No exposed or extenor radIO or teleVISIon transnusslOn or recelVlng antennas or satellIte dIshes (except for small teleVISIon receIvers wruch have a diameter ofIess than 2 feet) shall be erected, placed or mamtamed on any part of such prenuses except as approved by the ACC pnor to mstallatlon or constructIon. Any waIver of these restnctlOns shall not constItute a waiver as to other Lots or lInes or antennas. Declaration of Covenants, ConditlOns and Restnctions Page 21 I:\DA TA \D\BIID\M\HARR\Nisqually\ZDedaration of Covenants (Nisqually)\ 127 1111111111I111111111 II rrTV n~ V~lM COU 14999 3206026 Page 22 of 33 81/22/1999 89 55A Thurston Co, J.JA 15 Tanks, Etc. No elevated tanks of any kind shall be erected, placed, or penrutted on any part of such prerruses. Any tanks for use ill connection With any resIdence constructed on such prerruses, mcluding tanks for the storage of fuels, must be buried or walled sufficIently to conceal them from the VIew from neighboring Lots, roads, or streets. All clothes lines, garbage cans, eqUIpment, coolers, wood piles, or storage piles shall be walled ill or otherwise SUItably screened to conceal them from the VIew of nelghbonng Lots, Common Areas, roads or streets Plans for all enclosures of tlus nature must be approved by the ACC pnor to constructIOn. 16 Auto RepaIr. No major auto repaIr shall be penrutted except wlthm enclosed garages whIch are kept closed. The only repaIrs perrrutted on the balance of the Property are occasIOnal casual repaIrs and maIntenance actIVItIes such as tune-ups or oil changes 17 Setbacks. No buildIng shall be located on any lot near to the front, SIde, or back lot lIne than IS penrutted under the appropnate Thurston County setback reqUIrements. For purposes of thIs covenant, eaves, steps and open porches shall not be conSIdered a part of the buildmg. 18 Roofs. The matenal on all roofs must be approved by the ACC and all roofs shall have a rmrumum slope of 4-12 (four feet of rise for each 12 feet of run) No flat roofs WIll be allowed on the front of the dwellIng. 19 Extenor Firush. All extenor firushes on the front of houses shall be of bevel sIdmg, shake or vertIcal panels, bnck or stone. The entIre reSIdence must be pamted or staIned In colors approved by the ACC All metal fireplace chmmeys shall be eIther wood or stone rap 20 LIghtmg. All exterior lightIng whIch IS VIsible from any road or any other dwellIng home shall not be Installed so as to adversely unpact any adjacent dwellIng. The ACC shall have the express authonty to reqUIre changes If, In the OpInIOn of the ACC after reCeIVIng a complamt, detenrunes that saId hghtmg adversely Impacts another dwellmg. 21 Dnveways. That all dnveways IncludIng any access to the rear yard of any reSIdence shall be of a hard surface constructIon of eIther concrete or bnck and shall be completed pnor to final buildIng InSpectIon. 22 Fences. Fences, walls, or shrubs are pernutted on the SIde and rear property hnes subject to the approval of the ACC Said fences, walls or shrubs ill the front yard shall not be DeclaratIOn of Covenants, CondItIOns and RestnctIons Page 22 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 1111111111I11111111111 rrTV n~ V~IM cov S4S as 3206026 Page 23 of 33 Sl!22!1999 a9 55A Thurston Co, lJA .' higher than 42 mches and any side and back yard fencmg or shrubs shall not exceed SiX feet m height. No fence, wall, hedge or shrub may obstruct comer mner sectIOn lme of sIte Within a triangular area fonned by the street, property lines, and a lme connecting them at pomts 25 feet from the mner sectIOn of streets. No barbWlre, chamlmk (except black chamlmk fence no higher than four feet), corrugated fiberglass fences shall be erected on any lot. 23 Firearms. The use of firearms is expressly prohibited. 24 DIrt bikes and/or ATV No unlicenced motor vehicles, mcludmg motorcycles, dIrt bikes, motor scooters, ATVs etc., shall be penrutted on any road WIthm the plat, nor shall dirt bikes or ATV's be penrutted to operate on any owner's lot, or on adjacent roads In an unsafe manner or In such a way to create a hazard or nUisance. 25 Damage Repalf All owners agree to repalf unmediately any damage to any utllltIes adjacent to their lot or lots, In the event any of the utihties are cracked, broken, or otherwise damages as a result of dwelling constructIOn actiVIties, or other actiVIties by owner, by persons actIng for owner, or by persons m or around the property at the request or Wlth the consent of the owner 26 BUIldIng Matenals All homes constructed on each 'lot shall be bUIlt of new matenals, WIth the exceptIon of "decor" items such as used bnck, weathered plankmg, and SImIlar Items. The ACC will detenrune if a used matenalis a "decor" item. In makmg this determmatIOn the ACC will conSIder whether the matenal harmonizes With the aesthetiC character of the other reSIdences WithIn the subdiVISion and whether the matenal would add to the attractIve development of the subdiVIsion. The extenor of all constructIOn of any lot shall be deSigned, bUllt, and mamtamed m such a manner as to blend m With the natural surroundings and landscapIng WithIn the subdIVISIon. Extenor colors must be approved by the ACC Extenor tnm, fences, doors, railings, decks, eaves, gutters, and the extenor firush of garages and other accessory buildIngs shall be deSIgned, built, and mamtamed to be compatible WIth the extenor of the structure they adJOIn. Generally, colors shall be muted earth tones, grays, belges, and sunilar shades. 27 Square Footage Mirumum square footage reqUIrements (a) ')mgle Story Resld~ces. Smgle story reSIdences shall have a nurumum of 1,100 square feet of hVIng space ~ .. DeclaratIOn of Covenants, ConditIons and Restnctlons Page 23 I:\DA T A \D\BHD\M\HARR\NisquaIly\ZDeclaration of Covenants (NisquaIly)\I27 ," "" 1111I11111 " II " I Try 11f: Yf:1 M COU $4S SS 3206026 Page 24 of 33 Sl/22/1999 S9 55A Thurston Co, l-JA , f 'l- .' ( (b) Two Story ResIdences. Two story residences shall contcun a nurumum of 1,100 square feet of total finished living space and 650 square feet of scud liVing space must be located on one floor (c) No dwelling shall contaIn more than two stories in height. (d) Garages and Unheated areas. Garages and unheated areas shall not be Included In determInIng square footage. 28 PermIts No constructIOn or exterior additIOn or change or alteratIOn of any structure may be started on any portIon of the propertIes WIthout the owner first obtcurung a building pemut and other necessary penruts from the proper local governmental authonty and wntten approval of such pemuts from the ACC as well as a plan check approval as reqUired by tills Declaration. 29 Codes All constructIon shall conform to the requIrements of the State of WashIngton's rules and regulations for instalhng electnc WIres and equipment, and the uruform codes (bUilding mecharucal, plumbing), In force at the commencement of the constructIon, Includmg the latest reViSIons thereof 30 Entry for inspection. Any agent, officer, or comnuttee member, or Declarant, may at any reasonable predetemuned hour upon 24 hours notice dunng constructIOn or extenor remodeling, enter and InSpect the structure to detemune If there has been comphance WIth the proViSions of thIs Declaration. The above reCited mdIVIduals shall not be deemed guilty of trespass for such entry or mspectlOn. There IS created an easement over, upon, and across resIdential lots for the purpose of makIng and caITylng out such mspectIons. 31 Authonty to Adopt Additional Rules and RestnctlOns. The ASSOCiatIOn shall have the authonty to adopt additional wntten rules and restnctlons govenung the use of the PropertIes, proVided such rules and restnctlOns are conSIstent WIth the purposes of the Declaration, and to establish penalties for ViolatIOn of those rules and restnctlOns. If rules and restnctlOns are adopted, they, along WIth the estabhshed penaltIes, shall be avaIlable to all Members upon request. DeclaratIon of Covenants, CondItions and Restnctions Page 24 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 " 111I1111I11111111111 fTTY nr YELM COU $4S SS 3206026 Page 25 of 3: 81/22/1999 a9 5 Thurston Co, \.IA ;,. ... ~ i < xv. INSURANCE REQUIREMENTS The AsSOCIatIon shall maIntain if required any msurance or fidelity bond reqUirements establIshed by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans AdrmmstratIon, and Government NatIonal Mortgage Association, except to the extent such coverage is not available or has been waived in writing. XVI. DAMAGE OR DESTRUCTION 1 In the event of damage or destruction to all or part of the Common Area, the Insurance proceeds, if suffiCient, shall be applIed to repaIr, reconstruct or rebuIld the Common Area m accordance With the oRgInal plans. Such repaIr, reconstructIOn or rebuildmg shall be arranged for promptly by the Board of Directors. 2 If the msurance proceeds are InsuffiCient to pay for the cost to repair the Easement Areas, the Board shall promptly, but In no event later than runety (90) days after the date of damage or destructIon, given notice to and conduct a special meetIng of the Owners to review the proposed repaIrs, replacement and reconstruction, as well as the projected cost of such repairs, replacement or reconstruction. The Owners shall be deemed to have approved the proposed repaIrs, replacement, and reconstructlOn as proposed by the Board at that meetIng, unless the Owners deCide by an affirmative vote of fifty one percent (51 %) of the total votes cast at such meetIng (proVided a quorum eXIsts), to repaIr, replace, or reconstruct the premIses In accordance With the ongmal plan in a different manner than that proposed by the Board. In any case, however, use of hazard Insurance proceeds for other than repair, replacement, or reconstructlOn of the Common Area m accordance With the ongmal plans shall not be permItted Without the pnor wntten approval of at least sIXty seven percent (67%) of the First Mortgagees (based on one vote for each first mortgage owned) or Owners (if there is not first mortgage on that Lot) of the Lots. XVD. CONDEMNATION In the event of a partial condemnatlOn of the Easement Areas, the proceeds shall be used to restore the remaIning Easement Area, and any balance remaInmg shall be distributed to the AssociatlOn. I \ Declaration of Covenants, Conditions and Restnctlons Page 25 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\ 127 JUIJLlIIIIIIIIIIIIl! 1111 JJ 3206026 P~ge 26 of 33 81/22/1999 89 SSA Thurston Co, ~A In the event that the entire Common Area IS taken or condemned, or sold, or othefWlse disposed of in lieu of or in avoidance thereof, the condemnatIOn award shall be distributed to the AssociatIon. No proceeds receIved by the AsSociatIon as the result of any condemnatIon shall be dIstributed to a Lot Owner or to any other party derogatIon of the nghts of the First Mortgagee of any Lot. XVIII. MORTGAGEES' PROTECTION 1 As used in tlus DeclaratIOn. (1) "mortgage" mcludes the beneficIary of a deed of trust, a secured party, or other holder of a secunty mterest; (2) "foreclosure" mcludes a notIce and sale proceeding pursuant to a deed of trust or sale on default under a secunty agreement; and (3) "instttutIonal holder" means a mortgage whIch IS a bank or saVIngs and loan aSSOCIatIon or established mortgage company, or other entity chartered under federal or state laws, any corporatIon or Insurance company, or any federal or state agency 2 The pnor wntten approval of at least 75% of the First Mortgagees (based on one vote for each first mortgage owned) of the IndiVIdual Lots shall be reqUired for any of the follOWing: (a) The abandonment or terrrunatIOn of the PUD status of the project, except for abandonment or termmatIOn, If any, prOVIded by law In the case of substantIal destructIon by fire or other casualty or m the case of a takmg by condemnatIon or enunent domam. (b) Any matenal amendment to tlus DeclaratIOn or to the ArtIcles of Incorporation or Bylaws of the Owners AsSOCIatIon, mcludmg but not hnuted to, any amendment whIch would change the pro rata mterest or oblIgatIon of any indIVIdual Owner for the purpose oflevyrng assessments or charges or for allocatIng distributIOns of hazard msurance proceeds or condemnatIOn awards. ( c) The effectuatIon of any deCISIon by the Owners AsSOCIatIOn to terrrunate profeSSIOnal management and assume self-management (however, tlus shall not be deemed or construed to reqUlre profeSSIOnal management) (d) PartItlorung or subdIvIdmg any Lot. DeclaratIon of Covenants, ConditIOns and RestnctIOns Page 26 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 ~ J jlJJJ 1IIIIIIIlJI!J 3206026 Page 27 of 33CSl!22!1999 SS 55A Thurston Co, ~A , " ( e) Any act or OmISSIOn seekmg to abandon, partltIon, subdiVlde, encumber, sell or transfer the Easement Areas, provided, however, that the granting of easements for public utilitIes or other public purposes consIstent With the 10tended use of the Easement Areas shall not be deemed a transfer Witlun the meamng of this clause. (f) Any act or OmISSIon seekmg to change, WaIve or abandon any scheme of regulations or enforcement thereof, pertairung to the arclutectural desIgn or the exterior appearance of buildings and other lffiprovements, the mamtenance of common property walks or common fences and dnveways, or to the upkeep oflawns and plants 10 the propertIes. (g) Any act or OmISSIOn whereby the AssocIation fails to maIntaIn fire and extended coverage on 10surable properties common property on a current replacement cost baSIS 10 an amount not less than 100% of the 10surable value (based on current replacement costs) (h) Use of hazard Insurance proceeds for losses to any propertIes common property for other than the repaIr, replacement or constructIon of such common property 3 Each First Mortgagee (as well as each Owner) shall be entItled to tImely wntten notice of (a) Any slgruficant damage or destruction to the Easement Areas (b) Any condemnatIon or emInent domaIn proceedIng effectIng the Easement areas (c) Any default under tills DeclaratIon or the ArtIcle of Incorporation or Bylaws whIch gives nse to a cause of actIOn agaInst the Owner of a Lot subject to the mortgage of such holder or Insurer, where the default has not been cured 10 tlurty (30) days. (d) Any proposed abandonment or ternunatIOn ofPUD status of thIs project (e) Any matenal amendment of thIs DeclaratIOn or to the Articles of IncorporatIOn or Bylaws of the AsSOCiatIOn. 4 Each First Mortgagee shall be entItled, upon request, to ~ DeclaratIOn of Covenants, CondItions and RestrictIons Page 27 I:\DA T A \D\BHD\M\HARR\Nisqually\ZDeclarahon of Covenants (Nisqually)\ 127 11111I1111I11111111111 r trY OF YELM COU $4a aa 3206026 Page 28 of 33 a1/22/1999 a9 558 Thurston Co, ~A , ,. (a) Inspect the books and records of the AsSOCIation during normal business hours. (b) Reqwre the preparatIon of and, If preparatIon IS reqUIred, receIve an annual audited finanCIal statement of the Association for the immediately precedmg fiscal year, except that such statement need not be funushed earher than nmety (90) days followmg the end of such fiscal year ( c) ReceIve wntten notIce of all meetmgs of the Owners AssocIatIOn and be perrrutted to desIgnate a representatIve to attend all such meetmgs. 5 First Mortgagees of any lots may, Jomtly or smgly, pay taxes or other charges wluch are in default and wluch mayor have become a charge against the Easement areas, and may pay overdue prenuums on hazard msurance pohcIes, or secure new hazard msurance coverage on the lapse of policy, for such Easement Areas, and the First Mortgagees makmg such payments shall be owed Immediate reimbursement therefore from the AssociatIOn. XIX. GENERAL PROVISIONS 1 Bmdmg Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply WIth the proVisions oftlus DeclaratIOn, and the Bylaws and rules and regulatIOns of the AssociatIOn, as they may be amended from time to time, are accepted and ratIfied by such Owner or occupant, and all such proViSions shall be deemed and taken to be covenants runrung WIth the land and shall bmd any person haVing at the time any mterest or estate m such Lot, as though such proViSions were reCited and stipulated at length m each and every deed and conveyance or lease thereof. 2 Enforcement by Court ActlOn. The AsSOCIatIOn, the DeclaratIOn, the ACC, the Homeowner's AsSOCIatiOn, or any lot owner shall have the nght to enforce, by any proceedmgs at law or m eqUIty, all restnctIOns, conditlOns, covenants, reservatIOns, hens and charges now or hereafter Imposed by the prOVisions of tills Declaration. Should the AsSOCiation or any Owner employ counsel to enforce any of the foregomg covenants, condltlOnS, reservatIOns, or restnctIons, all costs mcurred m such enforcement, mcludmg a reasonable fee for counsel, shall be paid by the Owner found to be m VIOlation of Said condition, covenants, reservatIOn, or restnctlOn, or found to be dehnquent m the payment of said hen or charge DeclaratlOn of Covenants, Conditions and RestnctIons Page 28 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\I27 JI Jill '''''''11 """ cou $4S SS 3206026 Page 29 of 33 Sl/22/1999 SS 55A Thurston Co, ~A ... . 3 Enforcement by Self Help The Declarants, the ACC, the AsSOciatIOn, or the duly appomted agent of eIther, may enter upon any lot, whIch entry shall not be deemed a trespass, and take whatever steps are necessary to correct a VIOlatIOn of the proviSions of tlus Declaration. ProVIded, thIs proVIsIon shall not be construed as a pernussion to breach the peace. 4 ConditIon Precedent to Actlon. Pnor to takmg actIon eIther by court or by self help, wntten notIce shall be given to the offendmg lot owner Such notIce shall specUy the nature of the offense and shall also speedY the actIon necessary to cure. Such actIon shall also provIde a reasonable opporturuty to cure wluch, except ill the case of an emergency, shall not be less than 30 days. 5 Expenses of ActIon. The expenses of any correctIve actIOn or enforcement of tlus declaration, unot paId by the offendmg owner WIthIn thIrty (30) days after wntten notice and billmg, may be filed as a hne upon such lot, enforceable as other liens herem. 6 Owner ObJectIOn. Should a lot owner object to the complaInts of the Declarants, the AsSOCIatIOn or ACC m wntmg Wltlun a penod of fifteen (15) days after the complamt IS made and, further, should the partIes not agree on property maIntenance or other matters complaIned of, the matter shall be subnutted to arbitratiOn. The arbItratIon shall be bmding upon the partIes. If the partIes cannot agree upon an arbItrator, each party shall choose one arbItrator and they, In turn, shall choose a tlurd. The arbItratiOn shall be conducted In accordance With the rules of arbItratiOn under the laws of the State ofWashmgton m eXIstence at the time of any such arbItratiOn. 7 Costs and Attorneys Fees. In the event of legal actIOn, the prevaIlmg party shall be entItled to recover actual costs and attorney fees. For the purposes oftrns declaratiOn "legal actIon" shall mclude arbitration, law SUIt, tnal, appeals, and any action, negotiatIOns, demands, counseling or otherWIse where the prevailing party has lured an attorney It IS the mtent of tlus prOVISIon to reImburse the prevailIng party for all reasonable attorney fees and actual costs mcurred In defendmg or enforcIng the proVISIons of tlus DeclaratIOn, or the owner's nghts hereunder 8 Failure to Enforce No delay or onussIon on the part of the Declarants or the Owners of other Lots In exerClSlng any nghts, power, or remedy prOVIded m tlus DeclaratiOn shall be construed as a waIver or acqUIescence In any breach of the covenants, conditIons, reservatIOns, or restnctlOns set forth in the DeclaratiOn. No actIon shall be brought or \ DeclaratIOn of Covenants, CondItions and RestnctlOns Page 29 I:\DA TA \D\BHD\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 """" 1111'11I """ t"!TY ill-" YELM COU S4a aa 3206026 Page 36 of 33 61/22/1999 69 55A Thurston Co, I.JA " ..', , r mamtamed by anyone whatsoever against the Declarants for or on account of Its failure to bnng any actlOn for any breach of these covenants, condItions, reservatlOns, or restnctlOns, or for Imposmg restnctIons wluch may be unenforceable. 9 Severability InvalidatIon of anyone of these covenants or restnctIons by Judgment or court order shall not affect any other proVISIons wluch shall remaIn In full force and effect. 10 InterpretatIon. In Interpretmg tlus DeclaratIOn, the term "person" may Include natural persons, partnerslups, corporatIons, AsSOCIatIons, and personal representatIves. The smgular may also mclude the plural and the mascuhne may include the ferrunme, or VIse versa, where the context so admIts or requires. Tlus DeclaratIon shall be liberally construed m favor of the party seeIong to enforce ItS proviSIons to effectuate the purpose of protectmg and enhancmg the value, marketabIlIty, and deSirability of the PropertIes by proVIdmg a common plan for the development ofNlSQUALL Y ESTATES 11 Amendment by Court ActIon. The Homeowner's AsSOCIatIon and/or any lot owner shall have the nght to seek amendment by way of a civil suit wherem the baSIS for the amendment IS eIther (a) governmental reqUIrements, or (b) marufest unfaIrness due to substantially changed circumstances beyond the control of the lot owner seeIong the amendment. In any such court actIon the court may exerCIse ItS eqUItable powers to grant such relIef as IS deemed appropnate 12 Term. ThiS DeclaratlOn shall be effectIve for an Irutial term of 30 years, and thereafter by automatIC extenslOn for succeSSIve penods of 10 years each, unless temunated, at the explfatlon of the lI1ltIal term or any succeedmg 10 year term by a tenrunatlOn agreement executed by the then owners of not less than 75% of the lots then subject to tills DeclaratIOn. Any tenrunatIon agreement must be m wntmg, Signed by the apprOVIng owners, and must be recorded WIth the County Auditor 13 Amendment by Lot Owners After seventy-five percent (75%) of the lots have been sold to others than builders, tlus DeclaratlOn can be amended only by wntten consent of the owners of seventy-five percent (75%) of the lots. PrOVIded, no amendment shall be effectIve wluch matenally ImpaIrS the substantIal nghts of the lot owner as estabhshed herem unless the Impacted lot owner consents m wntmg. Any such amendment must be in writmg, signed by the approVIng lot owners and recorded With the K.1tsap County Auditor Until such time as all of the lots have been sold to others than builders, no amendment can be made WIth respect to DeclaratIon of Covenants, CondItIons and RestnctIOns Page 30 I:\DA T A \D\B1ID\M\HARR\Nisqually\ZDec1aration of Covenants (Nisqually)\127 11111I1111I11111111111 rr TY ilF" YF"I M COU S4S SS 3206026 Page 31 of 33 al!22!lSSS as 55A Thurston Co.. ~A -, <l .' . . .' , ( Declarants' nght to appomt directors of the AssocIation or to appomt members of the ACC or the Declarants' ltabiltty with respect to annual assessments. 14 Amendment by Declarants. NotWIthstanding any other proVIsIon of tlus DeclaratIon, tlus DeclaratIon can be amended at any tIme by the Declarants pnor to the time seventy~five percent (75%) of the lots have been sold to other than builders and that all lot owners agree to be bound by such amendment or amendments. Thereafter, thIs DeclaratIOn can be amended only as provIded for herem. 15 Pnor Approval By FHA/HUD Regardless of whether or not seventy five percent (75%) of the lots have been sold to others than builders, m the event any loan WIth respect to any lot or buildmg constructed thereon is insured through eIther the Federal Housmg Adrrurustratlon or the Department of Veteran Affalrs or any program sponsored by eIther such agency, then eIther the FHA or HUD whoever IS the msunng agency must gIve written approval before any of the followmg actIOns can be approved by either the Declarants or the lot owners A. AnnexatIOn of additional properties. B DedIcatIon of any propertIes. C Amendment oftlus declaratIOn. (Except that amendment of the Declaration addmg the lots m Phase 2 ofNisqually DIVISions 1 and 2 shall not reqUire pnor approval) 16 Notice Any notice requIred hereunder shall be deemed effective when personally delIvered or three days after mailIng by certIfied and regular mall to the owner of publIc record at the tIme of such mailmg to such owner's address as It appears on the Kttsap County Assessor's tax records and to the street address of the lot(s) herem. NotIces to lenders shall be sent to the last address the lender has gIven to the AsSOCIation. The AsSOCiation IS not requrred to proVIde notIce of any matter to any lender who has not notified the ASSOCiation m wntmg of such lender's deSIre to receIve notIce, and/or has not given the ASSOCIatIOn wntten notIce of the lender's address for receIpt of notIces. The AsSOCiatIOn shall not undergo Investigation outSIde of Its own records Into the name or locatIon of any lender or lIenholder DeclaratIon of Covenants, ConditIOns and RestnctIons Page 31 I: \DATA \D\BHD\M\HARR \Nisqual1y\ZDeclarauon of Covenants (Nisqually)\ 127 1111111111I11111111111 rTTY OF YELM COV S4S SS 3206026 Page 32 of 33 81/22/1999 89 55A Thurston Co' \JA .. . . ~ . . . p .. I . ( IN WITNESS WHERE.t%' th~ undersigned have caused tlus Declaration to be executed tlus / G- "It day of ~ ,19? J BARR FAMILY HOMES, INC., a Washington Corporation By @O.~ KIrk Harr, P eSldent STATE OF WASHINGTON ) ) 5S. COUNTY OF PIERCE ) On thIs ~ day of Novembe.r'" , 1998, before me, the undersigned, a Notary Public 10 and for the State ofWashmgton, duly conurusslOned and sworn, personally appeared KIrk Harr, to me known to be the President, respectively, of HARR FAMILY HOMES, INC , a Waslungton CorporatIOn, the corporation that executed the foregomg mstrument, and acknowledged the saId mstrument to be the free and voluntary act and deed of SaId corporatIOn, for the uses and purposes therem mentioned, and on oath stated that they are authonzed to execute the SaId 1Ostrument. WITNESS my hand and offiCial seal hereto affixed the day and year first above wntten. ~t?~. Karlson NOTARY PUBLIC 10 and for the State of Waslungton, reSiding at Jet COIYlC4- My cormruSSlOn expires 1I-(q-q8 "ilIH;i~J.t \. "J ,.. . - ...y , '" _, <C,.. '--:>11 '".~'" -'" (]". ,.: .... v .. '. -" : 41 . ') .. ~L ,0' :.... \ .,. "'y ... ~ - <# :.tON <:. .. ~ ,. .... ;. Ol~~\" J.I.I -" ~ f' r l~''\, Declaration of Covenants, Conditions and Restnctlons Page 32 I:\DA T A \D\BIID\M\HARR\Nisqually\ZDeclaration of Covenants (Nisqually)\127 ~ 11111I1111I1111I111111 rTTV n~ vrlM COU S48 aa 3206026 P<lge 33 of 33 81/22/1999 a9 55A Thllrst on Co, l-lA 9311dlb p Lot Closures - Prepared uSlng Survey/Clvil Solutions for AutoCAD Date Prepared 11/21/2000 Drawing 9311S212 dwg ---------------------------------------------------- NISQUALLY ESTATES DIV 1 PHASE 2 1.&1.-+. BDUNp~IGY ------------ Bearing Distance Northing Easting ------------ ---------- -------------- -------------- 8128 095 6395 483 Start (POB) N 20016'29" W 269 77 8381 153 6302.001 N 00036'13" E 458 00 8839 133 6306 826 S 89014'42" E 516 37 8832 328 6823 151 N 00036'02" E 3 61 8835 938 6823 189 S 89014'42" E 23 30 8835 631 6846 488 S 00045'18" W 135 61 8700 033 6844 701 S 89014'42" E 21 29 8699 752 6865 990 S 00045'18" W 127 00 8572 763 6864 316 N 89014'42" W 269 25 8576 311 6595 086 S 00036'02" W 321 02 8255 306 6591 721 ------------ ** Horizontal Curve S 83001'46" W 63 17 8247 640 6529 020 Chord pc-pt S 01001'38" W 227 00 8028 342 6587 652 Radia 1 In pc-rp Delta 15059'45" Radius 227.000 Length 63 374 Tangent 31 894 N 14058'07" W 227 00 8247 640 6529 020 Radia 1 Out rp-pt ------------ ------------ ** Horizontal Curve N 62037'18" W 33 68 8263 128 6499 112 Chord pc-pt N 14058'07" W 25 00 8271 791 6522 563 Radia 1 In pc-rp Delta 84041'38" Radlus 25.000 Length 36 955 Tangent 22 786 S 69043'31" W 25 00 8263 128 6499 112 Radla Page 1 931ldlb <?"' 1 Out rp-pt ------------ S 69043'31" W 54 00 8244 416 6448 458 S 20016'29" E 70 79 8178 015 6472 987 ------------ ** Horizontal Curve S 12023'01" E 47 50 8131 617 6483 174 Chord pc-pt S 69043'31" W 173 00 8118 067 6310 706 Radia 1 In pc-rp Delta 15046'57" Radius 173 000 Length 47 654 Tangent 23 979 N 85030'28" E 173 00 8131 617 6483 174 Radia 1 Out rp-pt S 87042'00" W S 45000'00" W 87 76 o 00 8128 095 8128 095 6395 483 6395 483 8128 095 6395 483 Close (POB) Area 245,755 S F 5 642 Acres D Page 2 " ~ 93113212 105TH A J Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 11/20/2000 Drawing 9311S212 dwg NISQUALLY ESTATAES DIV 1, PH 2 105TH AVE SE/SOUTH HALF CENTERLINE TO ROW LOT CLOSURE Lot 1 Bearing Dlstance Northlng Eastlng 8700 033 6844 701 Start (POB) N 89014'42" W 193 77 8702 586 6650 953 ** Horizontal Curve S 45040'40" W 283 22 pc-pt S 00045'18" W 200 00 1 In pc-rp Delta 90009'16" Radlus 200 000 Length 314 698 Tangent 200 540 N 89023'58" W 200 00 lOut rp-pt 8504 700 6448 329 Chord 8502 604 6648 318 Radla 8504 700 6448 329 Radia S 00036'02" W 140 16 8364 545 6446 860 ** Horizontal Curve S 09050'13" E 72 47 pc-pt S 89023'58" E 200 00 1 In pc-rp Delta 20052'31" Radius 200 000 Length 72 868 Tangent 36 843 S 69043'31" W 200 00 lOut rp-pt 8293 145 6459 240 Chord 8362 449 6646 849 Radia 8293 145 6459 240 Radia S 20016'29" E N 69043'31" E N 20016'29" W 41 97 27 00 41 97 8253 772 8263 128 8302 501 6473 785 6499 112 6484 567 Page 1 93118212 105TH A ** Horizontal Curve. N 09050'13" W 62 68 8364 262 6473 858 Chord pc-pt N 69043'31" E 173 00 8362 449 6646 849 Radia 1 In pc-rp Delta 20052'31" Radius 173 000 Length 63 031 Tangent 31 869 N 89023'58" W 173 00 8364 262 6473 858 Radla 1 Out rp-pt ------------ N 00036'02" E 140 16 8504 417 6475 327 ------------ ** Horizontal Curve N 45040'40" E 244 99 8675 589 6650 597 Chord pc-pt S 89023'58" E 173 00 8502 604 6648 318 Radla 1 In pc-rp Delta 90009'16" Radlus 173 000 Length 272 214 Tangent 173 467 N 00045'18" E 173 00 8675 589 6650 597 Radia 1 Out rp-pt S 89014'42" E N 00045'18" E N 89014'42" W East 215 06 27 00 21 29 o 00 8672 755 8699 752 8700 033 8700 033 6865 634 6865 990 6844 701 6844 701 8700 033 6844 701 Close (POB) Area 20,482 S F o 470 Acres o Page 2 TRACT D ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg TRACT D ------------ Bearlng Dlstance Northlng Easting ------------ ---------- -------------- -------------- 8616 545 6518 139 Start (POB) S 62023'47" E 86 83 8576 311 6595 086 S 00036'02" W 89 82 8486 498 6594 145 N 89023'58" W 119 00 8487 745 6475 152 N 00036'02" E 16 67 8504 417 6475 327 ------------ ** Horizontal Curve N 20053'51" E 120 02 8616 545 6518 139 Chord pc-pt S 89023'58" E 173 00 8502 604 6648 318 Radial In pc-rp Delta 40035'38" Radius 173 000 Length 122 570 Tangent 63 984 N 48048'20" W 173 00 8616 545 6518 139 Radial Out rp-pt ------------ East 0 00 8616 545 6518 139 -------------- -------------- 8616 545 6518 139 Close (POB) Area 12,376 S F 0 284 Acres IJ Page 1 93113212 105TH B Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 11/20/2000 Drawlng 9311S212 dwg NISQUALLY ESTATAES DIV 1, PH 2 105TH AVE SE/NORTH HALF CENTERLINE TO ROW LOT CLOSURE Lot 2 Bearlng Distance Northing Easting 8700 033 6844 701 Start (POB) N 89014'42" W 193 77 8702 586 6650 953 ** Horlzontal Curve. S 45040'40" W 283 22 pc-pt S 00045'18" W 200 00 1 In pc-rp Delta 90009'16" Radlus 200 000 Length 314 698 Tangent 200 540 N 89023'58" W 200 00 lOut rp-pt 8504 700 6448 329 Chord 8502 604 6648 318 Radia 8504 700 6448 329 Radla S 00036'02" W 140 16 8364 545 6446 860 ** Horizontal Curve S 09050'13" E 72 47 pc-pt S 89023'58" E 200 00 1 In pc-rp Delta 20052'31" Radlus 200 000 Length 72 868 Tangent 36 843 S 69043'31" W 200.00 lOut rp-pt 8293 145 6459 240 Chord 8362 449 6646 849 Radia 8293 145 6459 240 Radia S 20016'29" E S 69043'31" W N 20016'29" W 41 97 27 00 41 97 8253 772 8244 416 8283 789 6473 785 6448 458 6433 913 Page 1 93113212 105TH B ** Horlzontal Curve N 09050'13" W 82 25 8364 828 6419 861 Chord pc-pt N 69043'31" E 227 00 8362 449 6646 849 Radia 1 In pc-rp Delta 20052'31" Radlus 227 000 Length 82 706 Tangent 41 816 N 89023'58" W 227 00 8364 828 6419 861 Radia 1 Out rp-pt ------------ N 00036'02" E 140 16 8504 983 6421 330 ------------ ** Horizontal Curve N 13027'06" E 100 98 8603 191 6444 820 Chord pc-pt S 89023'58" E 227 00 8502 604 6648 318 Radia 1 In pc-rp Delta 25042'09" Radius 227 000 Length 101 830 Tangent 51 786 N 63041'49" W 227 00 8603 191 6444 820 Radla 1 Out rp-pt ------------ ------------ ** Horizontal Curve. N 12034'27" W 31 38 8633 821 6437 988 Chord pc-pt N 63041'49" W 25 00 8614 269 6422 409 Radia 1 In pc-rp Delta 77045'16" Radlus 25 000 Length 33 927 Tangent 20 156 N 38032'54" E 25 00 8633 821 6437 988 Radia 1 Out rp-pt ------------ ------------ ** Horizontal Curve N 43032'59" E 99 62 8706 023 6506 624 Chord pc-pt N 38032'54" E 50 00 8672 925 6469 147 Radia 1 In pc-rp Delta 190000'08" Radius 50 000 Length 165 808 Page 2 9311S212 l05TH B Tangent -571 370 N 48033'03" E 50 00 8706 023 6506 624 Radia 1 Out rp-pt ------------ ------------ ** Horlzontal Curve S 80019'35" E 31 38 8700 750 6537 561 Chord pc-pt N 48033'03" E 25.00 8722 572 6525 363 Radia 1 In pc-rp Delta 77045'16" Radlus 25 000 Length 33 927 Tangent 20 156 S 29012'13" E 25 00 8700 750 6537 561 Radia 1 Out rp-pt ------------ ------------ ** Horizontal Curve N 75046'32" E 117 35 8729 584 6651 309 Chord pc-pt S 29012'13" E 227 00 8502 604 6648 318 Radia 1 In pc-rp Delta 29057'31" Radlus 227 000 Length 118 693 Tangent 60 737 N 00045'18" E 227 00 8729 584 6651 309 Radia 1 Out rp-pt S 89014'42" E S 00045'18" W East 193 77 8727 031 6845 057 27 00 8700 033 6844 701 0 00 8700 033 6844 701 -------------- -------------- 8700 033 6844 701 Close (POB) Area 27,576 S F o 633 Acres o Page 3 LOT 32 ptC/ Lot Closures - Prepared using Survey/Civll Solutions for AutoCAD Date Prepared 6/30/2000 Drawlng 9311S412 dwg ---------------------------------------------------- LOT 32 Bearlng Dlstance Northing Eastlng ------------ ---------- -------------- -------------- 8210 142 6461 119 Start (POB) S 20016'29" E 34 25 8178 015 6472 987 ** Horlzonta1 Curve S 12023'01" E 47 50 pc-pt S 69043'31" W 173 00 1 In pc-rp Delta 15046'57" Radius 173 000 Length 47 654 Tangent 23 979 N 85030'28" E 173 00 lOut rp-pt 8131 617 6483 174 Chord 8118 067 6310 706 Radia 8131 617 6483 174 Radia S 87042'00" W N 20016'29" W N 69043'31" E East 87 76 8128 095 6395 483 54 22 8178 955 6376 695 90.00 8210 142 6461 119 0 00 8210 142 6461 119 -------------- -------------- 8210 142 6461 119 Close (POB) Area 6,085 S F o 140 Acres D Page 1 LOT 33 ptc ,; Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing 9311S412 dwg LOT 33 Bearing Dlstance Northlng Easting 8178 955 6376 695 Start (POB) N 69043'31" E N 20016'29" W S 69043'31" W S 20016'29" E East (POB) Area 6,030 S F 90 00 8210 142 6461 119 67 00 8272 990 6437 902 90 00 8241 803 6353 478 67 00 8178 955 6376 695 0 00 8178 955 6376 695 -------------- -------------- 8178 955 6376 695 Close 0 138 Acres o Page 1 LOT 34 ptc I Lot Closures - Prepared using Survey/Civll Solutions for AutoCAD Date Prepared 6/30/2000 Drawlng 9311S412 dwg LOT 34 ------------ Bearlng Dlstance Northing Easting ------------ ---------- -------------- -------------- 8241 803 6353 478 Start (POB) N 69043'31" E 90 00 8272 990 6437 902 N 20016'29" W 11 51 8283 789 6433 913 ------------ ** Horizontal Curve N 14031'28" W 45 49 8327 823 6422 505 Chord pc-pt N 69043'31" E 227 00 8362 449 6646 849 Radia 1 In pc-rp Delta 11030'02" Radlus 227 000 Length 45 564 Tangent 22 859 S 81013'33" W 227 00 8327 823 6422 505 Radia 1 Out rp-pt S 84048'46" W S 20016'29" E East 97 93 8318 969 6324 973 82.26 8241 803 6353 478 0.00 8241 803 6353 478 -------------- -------------- 8241 803 6353 478 Close (POB) Area 6,383 S F o 147 Acres o Page 1 LOT 35 ptc LI Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawlng 9311S412 dwg ---------------------------------------------------- LOT 35 Lot 35 Bearlng Distance Northlng Easting ------------ ---------- -------------- -------------- 8379 852 6420 019 Start (POB) S 00036'02" W 15 02 8364 828 6419 861 ** Horizontal Curve S 04005'12" E 37 10 pc-pt S 89023'58" E 227 00 1 In pc-rp Delta 9022'29" Radius 227 000 Length 37 141 Tangent 18 612 S 81013'33" W 227 00 lOut rp-pt 8327 823 6422 505 Chord 8362 449 6646 849 Radia 8327 823 6422.505 Radia S 84048'46" W N 20016'29" W S 89022'05" E East 97 93 66 29 118 02 o 00 8318 969 8381 153 8379 852 8379 852 6324 973 6302 001 6420 019 6420 019 8379 852 6420 019 Close (POB) Area 6,161 S F o 141 Acres D Page 1 LOT 36 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 7/7/2000 Drawing 9311S412 dwg LOT 36 Lot 36 Bearing Dlstance Northing Easting 8431 849 6420 564 Start (POB) S 00036'02" W N 89022'05" W N 00036'13" E S 89023'58" E East 52 00 8379 852 6420 019 118 02 8381 153 6302 001 51 94 8433 086 6302 548 118 02 8431 849 6420 564 0 00 8431 849 6420 564 -------------- -------------- 8431 849 6420 564 Close 0 141 Acres (POB) Area 6,133 S F D Page 1 LOT 37 ptc I Lot Closures - Prepared uSlng Survey/Civll Solutions for AutoCAD Date Prepared 7/7/2000 Drawlng 9311S412 dwg LOT 37 Lot 37 Bearing Distance Northing Easting 8493 083 6303 180 Start (POB) S 89023'58" E S 00036'02" W N 89023'58" W N 00036'13" E East 118 02 60 00 118 02 60 00 o 00 8491 846 8431 849 8433 086 8493 083 8493 083 6421 192 6420.564 6302 548 6303 180 6303 180 8493 083 6303 180 Close (POB) Area 7,081 S F o 163 Acres D Page 1 LOT 38 ptc < Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing 9311S312 dwg LOT 38 Bearing Distance Northlng Easting 8543 808 6425 089 Start (POB) ** Horizontal Curve S 05031'46" W 39 01 pc-pt S 79032'31" E 227 00 1 In pc-rp Delta 9051'27" Radlus 227 000 Length 39 054 Tangent 19 576 N 89023'58" W 227 00 lOut rp-pt 8504 983 6421 330 Chord 8502 604 6648 318 Radia 8504 983 6421 330 Radia S 00036'02" W N 89023'58" W N 00036'13" E S 89023'58" E East 13 14 8491 846 6421 192 118 02 8493 083 6303 180 52 00 8545 080 6303 728 121 37 8543 808 6425 089 0 00 8543 808 6425 089 -------------- -------------- 8543 808 6425 089 Close 0 142 Acres (POB) Area 6,180 S F D Page 1 LOT 39 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing 9311S312 dwg LOT 39 Bearlng Dlstance Northing Easting 8595 641 6441 260 Start (POB) ** Horlzontal Curve S 17019'37" W 54 30 pc-pt S 65048'15" E 227 00 1 In pc-rp Delta 13044'16" Radius 227 000 Length 54 428 Tangent 27 345 N 79032'31" W 227 00 lOut rp-pt 8543 808 6425 089 Chord 8502 604 6648 318 Radia 8543 808 6425 089 Radia N 89023'58" W N 00036'13" E S 89023'58" E East 121 37 52 00 136 99 o 00 8545 080 8597 077 8595 641 8595 641 6303 728 6304 276 6441 260 6441 260 8595 641 6441 260 Close (POB) Area 6,658 S F o 153 Acres D Page 1 I' LOT 40 PTC / if Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing 9311S312 dwg ---------------------------------------------------- Lot 40 Bearlng Distance Northlng Easting ------------ ---------- -------------- -------------- 8649 074 6304 824 Start (POB) S 89023'58" E 121 10 8647 805 6425 916 ** Horlzontal Curve S 40048'20" E 18 47 pc-pt N 59050'25" E 50 00 1 In pc-rp Delta 21017'31" Radlus 50 000 Length 18 581 Tangent 9 399 S 38032'54" W 50 00 lOut rp-pt 8633 821 6437 988 Chord 8672 925 6469 147 Radia 8633 821 6437 988 Radia ** Horlzontal Curve S 12034'27" E 31 38 pc-pt S 38032'54" W 25 00 1 In pc-rp Delta 77045'16" Radius 25 000 Length 33 927 Tangent 20 156 S 63041'49" E 25 00 lOut rp-pt 8603 191 6444 820 Chord 8614 269 6422 409 Radia 8603 191 6444 820 Radia ** Horlzontal Curve S 25014'58" W 8 35 8595 641 6441 260 Chord pc-pt S 63041'49" E 227 00 8502 603 6648 318 Radla 1 In pc-rp Delta 2006'26" Radlus 227 001 Page 1 .. ~ Length 8 348 Tangent 4 175 N 65048'15" W lOut rp-pt N 89023'58" W N 00036'13" E East (POB) Area 7,106 S F o LOT 40 PTC 227 00 8595 641 6441 260 Radia 136 99 8597 077 6304 276 52 00 8649 074 6304 824 0 00 8649 074 6304 824 -------------- -------------- 8649 074 6304 824 Close o 163 Acres Page 2 LOT 41 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawlng 9311S312 dwg ---------------------------------------------------- LOT 41 Bearing Dlstance Northlng Easting ------------ ---------- -------------- -------------- 8690 813 6422 456 Start (POB) ** Horizontal Curve S 04035'54" E 43 15 pc-pt S 69002'14" E 50 00 1 In pc-rp Delta 51007'20" Radius 50 000 Length 44 613 Tangent 23 914 S 59050'25" W 50 00 lOut rp-pt 8647 805 6425 916 Chord 8672 925 6469 147 Radia 8647 805 6425 916 Radia N 89023'58" W N 00036'13" E S 73059'35" E East 121 10 75 26 121 55 o 00 8649 074 8724 332 8690 813 8690 813 6304 824 6305 617 6422 456 6422 456 8690 813 6422 456 Close (POB) Area 6,869 S F o 158 Acres D Page 1 LOT 42 ptc ./ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 42 Bearing Distance Northlng Easting S 00045'18" W 129 90 N 73059'35" W 57 38 N 00036'13" E 114 81 S 89014'42" E 55 66 East 0 00 8838 399 8708 509 8724 332 8839 133 8838 399 8838 399 6362 483 Start (POB) 6360 771 6305 617 6306 826 6362 483 6362 483 8838 399 6362 483 Close (POB) Area 6,791 S F o 156 Acres o Page 1 LOT 43 ptc I Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg ---------------------------------------------------- LOT 43 ------------ Bearing Distance Northing Easting ------------ ---------- -------------- -------------- 8837 714 6414 478 Start (POB) S 00045'18" W 118 17 8719 557 6412 921 S 73059'35" E 26 40 8712 276 6438 301 ------------ ** Horlzontal Curve S 36026'07" W 26 68 8690 813 6422 456 Chord pc-pt S 38005'31" E 50 00 8672 925 6469 147 Radial In pc-rp Delta 30056'43" Radlus 50 000 Length 27 005 Tangent 13 841 N 69002'14" W 50 00 8690 813 6422 456 Radial Out rp-pt ------------ N 73059'35" W 64 17 8708 509 6360 771 N 00045'18" E 129 90 8838 399 6362 483 S 89014'42" E 52 00 8837 714 6414 478 East 0 00 8837 714 6414 478 -------------- -------------- 8837 714 6414 478 Close (POB) Area 7,550 S F 0 173 Acres 0 Page 1 LOT 44 ptc / Lot Closures - Prepared uSlng Survey/Civll Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 44 ------------ Bearlng Distance Northing Eastlng ------------ ---------- -------------- -------------- 8836 976 6470 473 Start (POB) S 00045'18" W 114 06 8722 925 6468 970 ------------ ** Horizontal Curve S 70051'10" W 32 47 8712 276 6438 301 Chord pc-pt S 00012'09" E 50 00 8672 925 6469 147 Radial In pc-rp Delta 37053'23" Radius 50 000 Length 33 065 Tangent 17 163 N 38005'31" W 50 00 8712 276 6438 301 Radial Out rp-pt ------------ N 73059'35" W 26 40 8719 557 6412 921 N 00045'18" E 118 17 8837 714 6414 478 S 89014'42" E 56 00 8836 976 6470 473 East 0 00 8836 976 6470 473 -------------- -------------- 8836 976 6470 473 Close (POB) Area 6,690 S F 0 154 Acres 0 Page 1 LOT 45 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 45 Bearlng Distance Northing Easting S 00045'18" W 138 28 8836 291 8698 021 6522 469 Start (POB) 6520 647 ** Horizontal N 60017'16" W N 10052'24" E Delta 37040'38" Radlus 25 000 Length 16 440 Tangent 8 530 S 48033'03" W Curve 16 15 25 00 8706 023 8722 572 6506 624 Chord pc-pt 6525 363 Radial In pc-rp 25 00 8706 023 6506 624 Radial Out rp-pt ** Horizontal Curve N 65049'33" W 41 27 8722 925 6468 970 Chord pc-pt S 48033'03" W 50 00 8672 925 6469 147 Radial In pc-rp Delta 48045'11" Radlus 50 000 Length 42 545 Tangent 22 656 N 00012'09" W 50 00 8722 925 6468 970 Radial Out rp-pt ~----------- N 00045'18" E 114 06 8836 976 6470 473 S 89014'42" E 52 00 8836 291 6522 469 East 0 00 8836 291 6522 469 -------------- -------------- 8836 291 6522 469 Close (POB) Area 6,419 S F 0 147 Acres [J Page 1 LOT 46 ptc I Lot Closures - Prepared using Survey/Civil Solutlons for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 46 Bearing Distance Northlng Easting S 00045'18" W 117 48 8835 553 8718 082 6578 464 Start (POB) 6576 916 ** Horizontal Curve S 66013'53" W 43 00 S 18020' 00" E 227 00 Delta 10052'13" Radius 227 000 Length 43 067 Tangent 21 598 N 29012'13" W 227 00 8700 750 8502 604 6537 561 Chord pc-pt 6648 318 Radial In pc-rp 8700 750 6537 561 Radial Out rp-pt ** Horlzontal Curve S 80050'05" W 17 13 8698 021 6520 647 Chord pc-pt N 29012'13" W 25 00 8722 572 6525 363 Radial In pc-rp Delta 40004'38" Radlus 25 000 Length 17 487 Tangent 9 118 S 10052'24" W 25 00 8698 021 6520 647 Radlal Out rp-pt ------------ N 00045'18" E 138 28 8836 291 6522 469 S 89014'42" E 56 00 8835 553 6578 464 East 0 00 8835 553 6578 464 -------------- -------------- 8835 553 6578 464 Close (POB) Area 7,242 S F 0 166 Acres [J Page 1 LOT 47 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 47 Bearing Distance Northing Easting S 00045'18" W 106 09 8834 868 8728 785 6630 460 Start (POB) 6629 062 ** Horizontal Curve S 78024'01" W 53 23 S 04051'58" E 227 00 Delta 13028'02" Radlus 227 000 Length 53 356 Tangent 26 801 N 18020'00" W 227 00 8718 082 8502 604 6576 916 Chord pc-pt 6648 318 Radial In pc-rp 8718 082 6576 916 Radial Out rp-pt N 00045'18" E S 89014'42" E East 117 48 52 00 o 00 8835 553 8834 868 8834 868 6578 464 6630 460 6630 460 8834 868 6630 460 Close (POB) Area 5,757 S F o 132 Acres [J Page 1 LOT 48 ptC/ Lot Closures - Prepared uSlng Survey/Clvil Solutlons for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 48 ------------ Bearing Distance Northlng Easting ------------ ---------- -------------- -------------- 8834 130 6686 455 Start (POB) S 00045'18" W 105 00 8729 139 6685 071 N 89014'42" W 33 77 8729 584 6651 309 ------------ ** Horlzontal Curve S 87056'40" W 22 26 8728 785 6629 062 Chord pc-pt S 00045'18" W 227 00 8502 604 6648 318 Radial In pc-rp Delta 5037'16" Radius 227 000 Length 22 271 Tangent 11 144 N 04051'58" W 227 00 8728 785 6629 062 Radial Out rp-pt ------------ N 00045'18" E 106 09 8834 868 6630 460 S 89014'42" E 56 00 8834 130 6686 455 East 0 00 8834 130 6686 455 -------------- -------------- 8834 130 6686 455 Close (POB) Area 5,888 S F 0 135 Acres [l Page 1 LOT 49 ptc ./ Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 49 Bearlng Distance Northing Easting S 00045'18" W 105 00 N 89014'42" W 52 00 N 00045'18" E 105 00 S 89014'42" E 52 00 East 0 00 8833 445 8728 454 8729 139 8834 130 8833 445 8833 445 6738 450 Start (POB) 6737 067 6685 071 6686 455 6738 450 6738 450 8833 445 6738 450 Close (POB) Area 5,460 S F o 125 Acres o Page 1 LOT 50 ptc/ Lot Closures - Prepared uSlng Survey/Clvll Solutlons for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 50 Bearlng Dlstance Northing Easting S 00045'18" W 105 00 N 89014'42" W 56 00 N 00045'18" E 105 00 S 89014'42" E 56 00 East 0 00 8832 707 8727 716 8728 454 8833 445 8832 707 8832 707 6794 445 Start (POB) 6793 062 6737 067 6738 450 6794 445 6794 445 8832 707 6794 445 Close (POB) Area 5,880 S F o 135 Acres [] Page 1 LOT 51 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 51 ------------ Bearing Distance Northing ------------ ---------- -------------- 8835 631 S 00045'18" W 108 61 8727 031 N 89014'42" W 52 00 8727 716 N 00045'18" E 105 00 8832 707 S 89014'42" E 28 71 8832 328 N 00036'02" E 3 61 8835 938 S 89014'42" E 23 30 8835 631 East 0 00 8835 631 Easting 6846 488 Start (POB) 6845 057 6793 062 6794 445 6823 151 6823 189 6846 488 6846 488 8835 631 6846 488 Close (POB) Area 5,544 S F o 127 Acres [] Page 1 LOT 52 ptc ,/ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 52 Bearlng Distance Northing Easting S 00045'18" W 100 00 N 89014'42" W 58 00 N 00045'18" E 100 00 S 89014'42" E 58 00 East 0 00 8672 755 8572 763 8573 528 8673 519 8672 755 8672 755 6865 634 Start (POB) 6864 316 6806 321 6807 639 6865 634 6865 634 8672 755 6865 634 Close (POB) Area 5,800 S F o 133 Acres [J Page 1 LOT 53 ptc I Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 53 Bearing Distance Northing Easting S 00045'18" W 100 00 N 89014'42" W 58 00 N 00045'18" E 100 00 S 89014'42" E 58 00 East 0 00 8673 519 8573 528 8574 292 8674 283 8673 519 8673 519 6807 639 Start (POB) 6806 321 6748 326 6749 644 6807 639 6807 639 8673 519 6807 639 Close (POB) Area 5,800 S F o 133 Acres o Page 1 LOT 54 ptc / Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg ---------------------------------------------------- LOT 54 Bearlng Distance Northing Eastlng ------------ ---------- -------------- -------------- S 00045'18" W 100 00 N 89014'42" W 58 00 N 00045'18" E 100 00 S 89014'42" E 58 00 East 0 00 8674 283 8574 292 8575 056 8675 048 8674 283 8674 283 6749 644 Start (POB) 6748 326 6690 331 6691 649 6749 644 6749 644 8674 283 6749 644 Close (POB) Area 5,800 S F o 133 Acres [] Page 1 LOT 55 ptc ,/ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/30/2000 Drawing 9311S312 dwg LOT 55 Bearlng Dlstance Northing Eastlng 8674 980 6633 643 Start (POB) ** Horizontal Curve N 87056'40" E 16 97 pc-pt S 04051'58" E 173 00 1 In pc-rp Delta 5037'16" Radius 173 000 Length 16 972 Tangent 8 493 N 00045'18" E 173 00 lOut rp-pt 8675 589 6650 597 Chord 8502 604 6648 318 Radia 8675 589 6650.597 Radia S 89014'42" E S 00045'18" W N 89014'42" W N 00045'18" E East 41 06 100.00 58 00 99 17 o 00 8675 048 8575 056 8575 821 8674 980 8674 980 6691 649 6690 331 6632 336 6633 643 6633 643 8674 980 6633 643 Close (POB) Area 5,795 S F o 133 Acres o Page 1 LOT 56 ptc (' Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 56 ------------ Bearlng Dlstance Northing Easting ------------ ---------- -------------- -------------- 8674 980 6633 643 Start (POB) S 00045'18" W 99 17 8575 821 6632 336 N 89014'42" W 37 25 8576 311 6595 086 N 62023'47" W 86 83 8616 545 6518 139 ------------ ** Horizontal Curve N 63009'51" E 129 44 8674 980 6633 643 Chord pc-pt S 48048'20" E 173 00 8502 604 6648 318 Radial In pc-rp Delta 43056'22" Radius 173 000 Length 132 672 Tangent 69 790 N 04051'57" W 173 00 8674 980 6633 643 Radial Out rp-pt ------------ East 0 00 8674 980 6633 643 -------------- -------------- 8674 980 6633 643 Close (POB) Area 7,511 S F 0 172 Acres [] Page 1 LOT 57 ptc ,j Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 57 Bearlng Dlstance Northing Easting S 00036'02" W 56 00 N 89023'58" W 119 00 N 00036'02" E 56 00 S 89023'58" E 119 00 East 0 00 8486 498 8430 501 8431 748 8487 745 8486 498 8486 498 6594 145 Start (POB) 6593 558 6474 565 6475 152 6594 145 6594 145 8486 498 6594 145 Close (POB) Area 6,664 S F o 153 Acres o Page 1 LOT 58 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 58 Bearing Distance Northing Easting -------------- -------------- 8430 501 6593 558 Start (POB) 8376 504 6592 992 8377 751 6473 999 8431 748 6474 565 8430 501 6593 558 8430 501 6593 558 -------------- -------------- 8430 501 6593 558 Close (POB) Acres S 00036'02" W 54 00 N 89023'58" W 119 00 N 00036'02" E 54 00 S 89023'58" E 119 00 East 0 00 Area 6,426 S F o 148 IJ Page 1 LOT 59 ptc j Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawing 93-11PH2 dwg LOT 59 ------------ Bearing Dlstance Northing Eastlng ------------ ---------- -------------- -------------- 8376 504 6592 992 Start (POB) S 00036'02" W 52 00 8324 506 6592 447 N 89023'58" W 114 66 8325 708 6477 795 ------------ ** Horizontal Curve N 05049'50" W 38 75 8364 262 6473 858 Chord pc-pt N 77044'18" E 173 00 8362 449 6646 849 Radlal In pc-rp Delta 12051'44" Radlus 173 000 Length 38 836 Tangent 19 500 N 89023'58" W 173 00 8364 262 6473 858 Radlal Out rp-pt ------------ N 00036'02" E 13 49 8377 751 6473 999 S 89023'58" E 119 00 8376 504 6592 992 East 0 00 8376 504 6592 992 -------------- -------------- 8376 504 6592 992 Close (POB) Area 6,133 S F 0 141 Acres 0 Page 1 LOT 60 ptc / Lot Closures - Prepared uSlng Survey/Civil Solutions for AutoCAD Date Prepared 6/9/2000 Drawlng 93-11PH2 dwg LOT 60 ------------ Bearing Dlstance Northing Easting ------------ ---------- -------------- -------------- 8324 506 6592 447 Start (POB) S 00036'02" W 69 20 8255 306 6591 721 ------------ ** Horlzontal Curve S 83001'46" W 63 17 8247 640 6529 020 Chord pc-pt S 01001'38" W 227 00 8028 342 6587 652 Radial In pc-rp Delta 15059'45" Radius 227 000 Length 63 374 Tangent 31 894 N 14058'07" W 227 00 8247 640 6529 020 Radial Out rp-pt ------------ ------------ ** Horizontal Curve N 62037'18" W 33 68 8263 128 6499 112 Chord pc-pt N 14058'07" W 25 00 8271 791 6522 563 Radial In pc-rp Delta 84041'38" Radlus 25 000 Length 36 955 Tangent 22 786 S 69043'31" W 25 00 8263 128 6499 112 Radial Out rp-pt ------------ N 20016'29" W 41 97 8302 501 6484 567 ------------ ** Horlzontal Curve N 16016'05" W 24 18 8325 708 6477 795 Chord pc-pt N 69043'31" E 173 00 8362 449 6646 848 Radial In pc-rp Delta 8000'47" Radius 173 000 Length 24 195 Tangent 12 117 S 77044'18" W 173 00 8325 708 6477 795 Radial Out rp-pt ------------ S 89023'58" E 114 66 8324 506 6592 447 East 0 00 8324 506 6592 447 -------------- -------------- 8324 506 6592 447 Close (POB) Area 7,482 S F 0 172 Acres IJ Page 1 [RECEIVED I~Y~O(~ 3~ 9CITY OF YELM PO 8(:))<479 Yelm WA ge597 360-458-3244 OFFICIAL USE ONLY Fee Date Received By APPLICATION FOR Final Plat File No. -L Fee: $750.00 (In addition, any professional service charges per Resolution #358) Subdivision Name NI5Cj)(/ALLY ES,,-A/C5 2)/VJ:5/c))\j / f!-l4.;t;; k__ Date of Preliminary Plat Appioval ~OV C; I I 99.5 1-1 AJ?.R ..rAM! LY floM-E:5 INc Name 2205 (/&!:!!. Sf SO Address SUBDIVIDEIR SURVEYOR ~ / iJ(.(/€" /' ,4530.:-::,. Name P,O Eo);: 908__ Address ,4COJ'VlA J vJA. qg444-14N , ____253 539- 17...92- Phone Ye/M / ~ 98597 -1--5[3-z694 PROPERTY OWNER(S) Phone ENGINEER -1i.OWAR-D C; ODA r ( ASSOC Name '2708 W.(>-I-YhOO)/' C1 _,iY.J_ Address _. OIY/?1plo.) tVa., 90501- .3GO 943 - /599 Phone 1--1 A f2.R...J:AM; LY HOM€S JNC- Name ZW5 1,_(.1Ji S,. 50, Address ,- Ac 0 M-A , _ V\J A, 9:3144 - /4/9 , ~53 . 53CJ - tz. 92- Phone LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) .2, 6+ Total Acreage Number of Singl~ Family Residential Lots z.~ Number of Commercial Lots Smalle;:t Lot Area Total Acreage in Open Spac~ Length!n Public Streets Length In Private Streets (7 5,",~_. t!') ..ML () o _.,0__ - ~ 'lXJO'll --~ ~ /./1' o Number of Multifamily Residential Lds Number of Industrial Lots Average Lot >\rea Fee In Lieu of Open Space Total Acreage In Publl-; Streets Total Acreage In Private Street~ All of theinfotmation on the revel1l,~~~!~e,of..t,Qls 'appll~t!on..ls required to be'f1led at the timE.: of final plat submittal',unless a written walv~rJr,qni.tpepl~nheror;eQgl!ieer accompanles\the appiication, After this officeh.as::rec~lved writ.~n;adk~:9wl~.dgm~ritifrom,'all~d,~8a~ment!\ requlredtoislgnthe plat.' the leg;~iative. ~.~ body v!llIbe so advised and a,aa~e'Jor:a'publlc meetlr.lgwili'be set for their consideration ~.\ ~\ .\J f'\ '\J qy ~~ ~ .~ j "- 'X}v ~ ~ y~'\f ,~- -~\ , I