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Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
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DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS
KNOW ALL MEN BY THESE PRESENTS
That we the undersigned having a real Interest in the tract of land described by the declaration,
and do hereby declare the herein described adjustment of land ce 'fied as Boundary Line Adjustment
Number 1>1 A- ()() <6 2.- 1 (j '*-.. on the 2.. L day of , W' , by
the Planning Department, subject to the following covenants and conditions: ~
1 That all subsequent deeds will contain provision$ for private roads in the manner
described herein
2, That all maintenance of any private road described by this declaration shall be by the
owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and
until such roads are Improved to the subdivision standards and dedicated to and accepted by the
appropriate governmental jurisdiction
3 That any private road will be subject to the further right of the grantor or his successor
and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid
and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer
pipes, mains, or conduits across a described portion of such road.
4 That with respect to any private road described by this declaration whether it remains
private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts
and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where
the water might take a natural course upon reasonable grading pursuant to improvement for dedication
of the roads and ways shown herein. Following reasonable grading pursuant to improvement for
dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or
blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper
proper road drainage
5 That the adjusted legal description of each of the tracts being adjusted is attached
hereto and incorporated by reference as though fully set out herein.
6 That additional covenant, easements, restrictions, if any, solely for the benefit of the
grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto
either as exhibits or as previously recorded under Auditor's File Number
and incorporated by reference as though fully set our herein
That these covenants are for the mutual benefit of the grantor and his heirs, successors
and assigns and are for the further purpose of compliance with the resolutions and regulations of the
appropriate local governmental jurisdiction, and the local government and such persons are specifically
given the right to enforce these restrictions and reservations by Injunction or other lawful procedure and
to recover any damages resulting from such violation
I rJ ZCJO / A2--
DATED this Z,?~ dayof y~/ ,49-- ~
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CNJL C-A/i7::~"~f:S.
Grantor
Grantor
Grantor
Grantor
Grantor
-<t
STATE OF WASHINGTON)
) ss.
COUNTY OF THURSTON )
On this day personally appeared before me -E:I<?L-I Al--:] 11~ 10} q(k' '-----II AID
to me known to be the indMduaL described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as Ytt'S free and voluntary act and deed,
for the uses and purposes therein mentioned
, 'ido.O/
GIVEN under my hand and official seal this
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day o~t(CL\ '~r
STATE OF WASHINGTON)
) ss.
COUNTY OF THURSTON )
On this day personally appeared before me
to me known to be the individual_ described In and who executed the within and foregoing instrument,
and acknowledged that
signed the same as
free and voluntary act and deed,
for the uses and purposes therein mentioned
GIVEN under my hand and official seal this
day of
19_
NOTARY PUBLIC in and for the State of
Washington residing at
AUDITOR'S CERTIFICATE
File for record at the request of
this day of
recorded in Volume
County, Washington
,19_, at minutes past
of Large Lot Subdivisions on page.
o'clock _.m., and
, records of Thurston
Thurston County Auditor
By' Deputy
Order No.:
115367
MISCELLANEOUS GUARANTEE
lP il @lll!ll@ If:1@m'ff lilITPfj ~ 'ff jf ll'ff /hfj II M ~ [fJllUJM@fj rg@JllfPJlirJf;; 11M@o
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GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A
PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION
THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY
OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE
VALIDITY, lEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN
Pacific Northwest Title Insurance Company, Inc
a Washington corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the
liability amount stated in Schedule A which the Assured shall sustain by reason of any
incorrectness in the assurances set forth in Schedule A,
Dated December 15,2000 at 8:00 a.m.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish addillonalliability or assurances other
than as contained herein, please contact the company for further information as to the availability and cost.
~
PACIFIC NORTHWEST TITLE
President
Countersigned by'
Insurance Company Inc.
Amh':1J:i.o~ h~ (f)~
Company
Thurston Coun~ Title Company
105 East 8th
O~mpia WA 98501
(360) 943-7300 FAX (360) 786-9315
City State
I 6.1103. 0285
GUARANTEE CONDITIONS AND STIPULATIONS
1 Definition of Terms The following terms when used in the Guarantee mean:
. . (a) 'the Assured'" the party or parties named as the Assured in this Guarantee, or on a supplemental
wntmg executed by the Company
(b) 'land'" the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed
thereto which by law constitute real property. The term 'land" does not include any property beyond the
Imes of the area descnbed or referred to m Schedule (A)(C) or in Part 2, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) 'mortgage" mortgage, deed of trust, trust deed, or other security instrument.
. (d) public records'" records established under state statutes at Date of Guarantee for the purpose of
Imparllng constructive notice of matters relatmg to real property to purchasers for value and without
knowledge.
(e) date'" the effective date.
2. Exclusions from Coverage of this Guarantee The Company assumes no liability for loss or
damage by reason of the following:
(a). Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the
Issuance thereof; (3) water rights, ciaims or title to water' whether or not the matters excluded by (1), (2)
or (3) are shown by the public records.
(c) Assurances to title to any property beyond the iines of the land expressly described in the description
set forth m Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or
waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other
structure or improvement; or any rights or easements therein unless such property, rights or easements
are expressly and specificaliy set forth in said description.
(d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as
to such title, and as limited by such assurances.
(2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by
the pubiic records, and which are created, suffered, assumed or agreed to by one or more of the Assureds'
(b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity
of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided.
3, Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company
promptly in writing in case knowledge shali come to an Assured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or
damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be
given to the Company, then allliabiiity of the Company shali terminate with regard to the matter or matters
for which prompt notice is required; provided, however, that tailure to notify the Company shali in no case
prejudice the rights at any Assured under this Guarantee unless the Company shali be prejudiced by the
failure and then only to the extent of the prejudice.
4 No Duty to Defend or Prosecute The Company shali have no duty to defend or prosecute any
action or proceeding to which the Assured is a party, notwithstanding the nature of any aliegation in such
action or proceeding.
5 Company's Option to Defend or Prosecute Actions; Duty ot Assured Claimant to
Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4
above:
(a) The Company shali have the right, at its sole option and cost, to institute and prosecute any action
or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien
rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any
appropriate action under the terms of this Guarantee, whether or not it shali be liable hereunder, and shall
not thereby concede liabiiity or waive any provision of this Guarantee. If the Company shali exercise its
rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shali have
the right to select counsel of its choice (subject to the right of such Assured to Object for reasonable
cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel,
nor Will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those
causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shali have brought an action or interposed a defense as permitted by the
provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse
judgement or order.
(d) In ali cases where this Guarantee permits the Company to prosecute or provide for the defense of
any action or proceeding, an Assured shali secure to the Company the right to so prosecute or provide for
the defense of any action or proceeding, and ali appeals therein, and permit the Company to use, at its
option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at
the Company's expense, shali give the Company ail reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of
the Company may be necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to
furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall
terminate.
6, Proof of loss or Damage In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and
sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall
ascertain the facts giving rise to fhe loss or damage. The proof of loss or damage shali describe the
matters covered by this Guarantee which constitute the basis of loss or damage and shali state, to the
extent possible, the basis of calculating the amount of the loss or damage. If fhe Company is prejudiced by
the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to
such Assured under the Guarantee shali terminate. In addition, the Assured may reasonably be required to
submit to examination under oath by any authorized representative of the Company and shali produce for
examination, inspection and copying, at such reasonable times and places as may be designated by any
authorized representative of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the
loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall
grant its permission, in writing, for any authorized representative of the Company to examine, inspect and
copy ali records, books, ledgers, checks, correspondence and memoranda in the custody or control of a
third party which reasonably pertain to the loss or damage. All information designated as confidential by
the Assured provided to the Company pursuant to this Section shali not be disclosed to others uniess, in
the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonabiy requested information or grant
permission to secure reasonably necessary information from third parties as required in the above
paragraph, unless prohibited by law or governmental regulation, shali terminate any liability of the Company
under this Guarantee to the Assured for that claim.
7 Options to Payor Otherwise Settle Claims: Termination ot liability in case of a claim
under this Guarantee, the Company shall have the following addifional options:
(a) To Payor Tender Payment of the Amount of Liability or to Purchase fhe Indebtedness.
The Company shall have the opfion to payor settle or compromise for or in the name of the Assured
any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the fuli
amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a
lienholder, the Company shali have the option to purchase the indebtedness secured by said mortgage or
said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses
mcurred by the Assured claimant which were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shali terminate all
liability of the Company hereunder. In the event after notice of claim has been given to the Company by the
Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer
and assign said indebtedness, together with any coliateral security to the Company upon payment of the
purChase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation
to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment
required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution
of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee
shali be surrendered to the Company of canceliation.
(b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To payor otherwise settle with other parties for or in the name of an Assured claimant any claim
assured against under this Guarantee, together with any costs, attorneys fees and expenses incurred by
the Assured claimant which were authorized by the Company up to the time of payment and which the
Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's
obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the
payment required in that paragraph, shali terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options under Paragraph 5.
8, Determination and Extent of liability This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage
by reason at reliance upon the assurances set forth in this Guarantee and only to the extent herein described,
and subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A,
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee,
as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section
10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee
occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the
value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee.
9, limitation of liability
(a) If the Company establishes the title, or removes the alieged defect, lien or encumbrance, or cures
any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have fuliy performed its obligations with
respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall
have no liabiiity for ioss or damage until there has been a final determination by a court of competent
jurisdiction, and disposition of ali appeals therefrom, adverse to the title, as stated herein.
(c) The Company shali not be liable for loss or damage to any Assured for liability voluntarily assumed
by the Assured in setting any claim or suit without the prior written consent of the Company.
10, Reduction of liability or Termination of liability AIi payments under this Guarantee,
except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the
amount of liability pro tanto.
11 Payment of loss
(a) No payment shali be made without producing this Guarantee for endorsement of the payment
unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be
furnished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter.
12 Subrogation Upon Payment or Settlement Whenever the Company shali have settled and
paid a claim under this Guarantee, ali right of subrogation shall vest in the Company unaffected by any act
of the Assured claimant.
The Company shali be subrogated to and be entitled to all rights and remedies which the Assured
would have had against any person or property in respect to the ciaim had this Guarantee not been issued.
If requested by the Company, the Assured shali transfer to the Company ali rights and remedies against
any person or property necessary in order to perfect this right of subrogation. The Assured shali permit
the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured
in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured after the Assured shali have recovered its principal,
interest, and costs of collection.
13 Arbitration Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.
Arbitrable matters may include, but are not limited to, any controversy or ciaim between the Company and
the Assured arising out of or relafing to this Guarantee, any service of the Company in connection with its
issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1 ,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess of $1,000,000 shali be arbitrated only when
agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shali be binding
upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys fees to a prevailing party. Judgement upon the award rendered
by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shali apply to an arbitration under the Title A copy of the Rules may be
obtained from the Company upon request.
14 liability limited to This Guarantee; Guarantee Entire Contract
(a) This Guarantee together with all endorsements, if any attached hereto by the Company is the
entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this
Guarantee, this Guarantee shali be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such
claim, shali be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the President, a Vice President, the Secretary an Assistant
Secretary, or validating officer or authorized signatory of the Company
15 Notices, Where Sent All notices required to be given the Company and any statement in writing
required to be furnished the Company shali inciude the number of this guarantee and shali be addressed
to the company at 1201 Third Avenue, Suite 3800, Seattle, Washington 98101 3055.
MiSCELLANEOUS GUARANTEE
SUBDIVISION GUARANTEE
SCHEDULE A
Office File Number Policy Number Date of Policy Amount of Insurance
115367 G-1103-0285 December 15, 2000 at 8:00 $1,000.00
a.m.
Name of Assured
EARLlNG BIRKLAND
The assurances referred to on the face page are
That, according to those pUblic records which, constructive notice of matters relative to the description of
which is fully set forth in under the recording laws, impart following described real property.
Tracts A and B of Prairie Heights Division 2, as recorded in Volume 27 of Plats, pages 16
through 17 In Thurston County, Washington.
Title to said real property is vested in
EAR ENTERPRISES, a Washington general partnership
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in
the order of their priority
EXCEPTIONS
1 General Taxes and assessments, if any, no search having been made thereof; also, taxes or
assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the public records
2 Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts
authorizing the issuance thereof; water rights, claims or title to water
3 Title to any property beyond the lines of the real property expressly described herein, or title to streets,
roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain
therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements
therein unless such property, rights or easements are expressly and specifically set forth in said
description
Additional Exceptions.
4 Easement for electric transmission and distribution line, etc , together with necessary appurtenances,
granted by instrument recorded on June 29, 1988, under File No 8806290063, to puget Sound Power
& Light Company, a corporation (Affects said premises and other property)
Subdivision Guarantee
Page 1
SCHEDULE A (Continued)
File Number 115367
PolicyNumberG-II03-0285
5 Any question or dispute about fencelines, or about ownership of the land lying between the fence and
the legal boundary, the location of which is shown on survey recorded May 3, 1994, under File No
9405030264
6 Said Tract A is open space/retention pond as disclosed by the face of the plat.
7 Easement for electric transmission and distribution line, etc., together with necessary appurtenances,
granted by instrument recorded on November 18,1993, under File No 9311180002, to puget Sound
Power & Light Company, a corporation (Affects all street and road rights-of-way as now or hereafter
designed, platted, and/or constructed within the above described property When said streets and
roads are dedicated to the public, this clause shall become null and void Also affects a strip of land
23 feet in width, located within said property lying parallel with and adjoining all public and private
street and road rights-of-way)
8 Covenants, conditions and restrictions contained in instrument;
Recorded May 31, 1994
File No 9405310424
Amended September 16, 1994
File No 9409160192
Amended November 28, 1994
File No 9411280034
(Copies are hereto attached)
9 Easement reserved on the face of the plat, as follows
Owner grants to the city of Yelm, its successors and assigns, an easement over, under and across
the above described property for the purposes of constructing, maintaining, repairing, altering or
reconstructing a sanitary sewer collection system The system shall consist of gravity clean-out, side
sewer from the septic tank to the gravity clean-out, septic tank, pumping system, electrical conduit and
cable, control panel, force main service box and related appurtenances The City of Yelm will be
responsible to pump the septic tank when required The owner will bear the cost of the electricity and
replace any existing side sewer from the tank if found defective This easement is for the benefit of all
properties now or hereafter served by the sanitary sewer system of the city The City of Yelm and the
owner concur and agree that constructing, repairing, altering or reconstructing of said sewer
improvements by the City of Yelm shall be accomplished in such a manner that the private
improvements existing on this described parcel of real property shall be disturbed to the least extent
possible In the event they are disturbed or destroyed, to the extent reasonably possible, they will be
replaced in as good a condition as they were immediately before the property was entered upon by
the City of Yelm. The City of Yelm and the owner agree that the owner shall undertake no alteration
of the installed sewer systems, including covering or obstructing access to pump basin cleanouts and
the lockout switch, without the prior written approval of the City of Yelm
Subdivision Guarantee
Page 2
SCHEDULE A (Continued)
File Number' 115367
PolicyNumberG-II03-0285
Any damage caused by the owner or their agents shall be repaired by the City of Yelm at the owner's
expense Owner agrees and understands that this easement will be recorded with the County Auditor
and will be binding upon heirs, successors and assigns of owner Owner and city agree that the
owner has incurred no displacement costs or relocation costs by virtue of the agreement. The city
agrees to furnish, install, operate and maintain the pump system in a reasonable condition and to do
the work in a workmanlike manner, promptly, neatly and with as little interference to the real to the real
property and improvements thereon of owner as reasonably practicable. Ownership of the STEP
System on the described parcel of real property shall remain with the City of Yelm
10 Easement reserved for and granted to Puget Sound Power & Light Company, Yelm Telephone
Company, Washington Natural Gas Company and any cable television company, and their respective
successors and assigns, under and upon the front 15 feet parallel with and adjoining the street
frontage of all lots in which to install, lay, construct, renew, operate, and maintain underground pipe,
conduit, cables, and wires with necessary facilities and other equipment for the purpose of serving this
subdivision and other property with electric, telephone, gas, and utility service, together with the right
to enter upon the lots at all times for the purposes herein stated These easements entered upon for
these purposes shall be restored as near as possible to their original condition No lines or wires for
the transmission of electric current or for telephone use or cable television shall be placed or permitted
to be placed upon any lot unless the same shall be underground or in conduit attached to a building
11 Easement reserved for the City of Yelm, its successors and assigns, under and upon the front 15 feet
parallel with and adjoining the street and tract frontage of all lots for the purpose of maintaining the
storm drainage system if the owner fails in the maintenance of said storm drainage system
12, Easement, or quasi-easement, dedicated in said plat for the right of the public to make necessary
slopes for cuts or fills upon said premises in the reasonable original grading of streets, avenues, alleys
and roads
Also, the right to drain all streets over and across any lot or lots where water might take a natural
course after the street or streets are graded
13 Right of Prairie Heights Community Association to levy and collect assessments as provided for in
Articles of Incorporation and By-Laws
14 Unpaid charges and assessments, if any, levied by Prairie Heights Community Association
15 No mobile homes shall be permitted on any lot in the subdivision, as contained in Declaration of
Covenants, recorded May 31, 1994, under Auditor's File No 9405310424
Subdivision Guarantee
Page 3
SCHEDULE A (Continued)
File Number 115367
PolicyNumberG-1103-0285
16 Easement reservations contained in the Declaration of Covenants recorded May 31, 1994, under
Auditor's File No 9405310424, as follows
An easement is hereby reserved for and granted to Puget Sound Power & Light Company, City of
Yelm Water and Sanitary Sewer Department, Yelm Telephone Company, Viacom Cable Television
Company, or successors thereto, and Washington Natural Gas Company and their respective
successors and assigns, under and upon that portion or portions of each lot, as specified in the "as
built" design drawings Declarant submits to the City of Yelm at the completion of the construction of
the development, in which to install, lay, construct, renew, operate and maintain pipes, conduits,
cables, and wires with necessary facilities and other equipment for the purpose of serving the
subdivision and the lots therein and other property adjacent thereto with water, sewer, electric,
telephone, television, and gas, service, together with the right enter upon the lots all times for the
purposes stated
17 Warranty Agreement between EAR. Enterprises and the City of Yelm regarding construction of
improvements, recorded May 3, 1994, under File No 9405030296 (Copy is hereto attached)
18 Agreement for Completion of Improvements and Repairs between EAR. Enterprises and the City of
Yelm, recorded May 16,1994, under File No 9405160013 (Copy is hereto attached)
NOTE.
a) The following abbreviated legal description is provided as a courtesy to enable the
document preparer to conform with the requirements of RCW 6504045, pertaining to
standardization of recorded documents
Abbreviated Legal Description Trs A & B Prarie Heights Div #2
s/i
Restrslattd
MQ/cI
Subdivision Guarantee
Page 4
-:5
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E TABLE 010
C\jc:i
E:L T A RADIUS LENGTH LINE T ABL E "t
C\j
NO BEARING ,.",.... r",
~~'"
27'00 '00. 250 00 117 Bl S 34'03 '19- W f ...."..
L1 .. .
103 8J 5 06'12 '21- E ' .
32'09 '21- 185 00 l2 ' ...
57"17'10. 785 00 lB4 97 LJ N 01'20'30- E .., r...
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5546 '16. 25 00 24 33 l6 S 88'39 '30- E
102'31 '29- 50 00 89 47 /7 N 88'06 '01- W
\
CITY OF YELM BOUNDARY LINE ADJUSTMENT NU
ORIGINAL LEGAL DESCRIPTION
pAJlCEL "". 692'OJOoo'>O , AS--
7JlACf A OF ~.~.:;':'::': '" vo"'"" '" OF PLATS.
UNDER AtJ1lITOR S FI.... R""'.ns or ,..0"''''" CO"""" 'AS",,,,,,,,"
PAGES 16 TIiROVOII 17, ~v"'"
J,.../ ...--
CERTIFICATION OF CONFORMANCE
'l LINE tJ)JUsTldENT CONFOR)4S
, _y c,.nYY TIlAT TJllS !.',',"lWf11'JNG ANI> SOBJ)lVJSIO" O,",,,,Al'"
""' "'" ...~ or'~.'~ ... w" collTAlJllllC
AS "'" AJ>lVST""" (lOBS NoT CJ<BA"" ~..... "'" .......
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.."OJ..... . 1-7.'k /0 I
pAJlCEL "". ,,,,,_000 ,",,0_
TIlACT B of p~ ""offlS _oN' ~"'"" '" or pIA'"
UNDtR AtJ1lITOR'S FILE NO. 94;?;oSS;:4,JruRSTON co1J}l'l''l, -WAS}{!NGTON.
PAGts 16 TflROUOII 17 RECO.....
DATE
69270100000
69270200000
p~G DEPAR'fldENT
PARCEL NUMBERS
I ;NP~. AT"'ED
.~
1'~
\ ~ ..~
1 :\ /
LEG END
5/8' ...... .un> ... cAl' '" ,- sET p'" PLAT
'" stJRFACE BRASS DISK SET pER pLAT
l:NPf./,TTFD
-----
E TRUE & ASSDC.
PROFESSIONAL LAND SURVEyORS
pOBOX 908
YELl/' V/j\S!IINGTON 98597
(360) 458-2894
S v'ii\7EYO R' S CERTIFIC ATE
::'is "::~Ngg:'~$~:R:~S(..:rgo~,~;~~Y....
THE SURVEY RECORDING ACT fOR ~ .
IN~ ..L-dh.
,.~h QA,"I~-
RE~S""" p"",,,.ONAl- ",NO ",,,,,,",
LICENSE NUMBER 24227
AtJDITOR'S CERTIFICATE
",,0 ,or REcoRO THlS ",- 0" Of :"~"- 2000,
AT ~ M. fiLE NO.
AT THE REQUEST Of EAR INC.
.. . <.;;"iii' BY ~~DiPiJ'~
~OU~
AUDITOR'S INDEXING J!.ATA
- TowNSHIP
17
NORTH
NE CoRNER OF $WI /4 NE1/ 4
sEC110N ;30, n7N. fl;/(. W.t.l.
- ---
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-----
SS-L:64~~
OT f\
f,{E'l'IIOD OF SURVEY: FJELD TRAVERSE
..""'""'" USBl' """'" ,,0", TOTAL sTATIoN
....."A'" pLAT OF p"",," _fflS .(VISI'" "". ,
(8
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VICINITY MAP
4" ::: 1 MILE
\ ---
\
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-- --
\
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L - _\- -
RANGE
2E
SECTlON
30
SW 174
OF jl1E
NE 1/4
20248
"
CITY OF YELM
PO Box 479
Yelm WA 98597
360-458-3244
OFFICIAL USE ONLY
Fee
Date Received
By
File No
APPLlCA liON FOR
BOUNDARY LINE -
ADJUSTMENT r.ee $10000 OR
LARGE LOT SUBDIVISION Fee $25000, + $10 OU per lot
(In addition, any professional service charges
per Resolution #358)
~ Boundary Line Adjustment
_ Large Lot Subdivision
r--
NAME OF PROJECT ~ 5'-A
_ O\,Vner of Parcel(s) _ Purchaser of Parcel(s) _ Representative
APPLICANT C,4"iZ. NVc.... I
--
Mailing Address ?6 'ROX B75
City, State and Zip Vc.:.,j\'1 . \A/A . .9€3S97
Telephone __ ,
...------
OWNER -_.-
Mailing Addr'3ss
City, State and Zip
Telephone -
SURVEYOR 2.-T/<VE f Asso<:-,
Mailing Address Po O. Box 96f! ----
City, State and Zip YtSLM, \AlA, 9S!S97
Telephone _ ':>)<::;0 45& _ J z.~~ .
-
PROPERTY DESCRIPTION
.General Location ..500 ",;:1. 0 f' S";r;( SO?J W. S IPc:. 0'::- VAN elf.- .l?/;; 56
Address of Site Of assigned) _
Area of Project (in acres, if possible) I, <;-/ A c.. -
Area of entire contiguous ownership (if other than above)
Section 30 Township /-,/\/ Range Ze. -
Assessor's Tax Parcel Number(s) of property included in this application
692-70100000 " ~9';Z7C)zoo 000
Zoning District __ Shoreline Designation (if applicable) -
Comprehensive Plan/Sub-Area Plan Designation.
Type of on-site strllct'Jres (give lot numbers) /VONe::.
- (SHOW LOCATION AND LABEL EACH STRUCTURE ON'MAP)
---~-
WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must be consistentvoJith zoning
_ Single Family, on Lots ~eN S/"A3C.fJ _ Duplex, on Lots
_ Multifamily, on Lots , ./ ;<eeTr5 rJ7 AhV _ Commercial, on Lots
_ Industrial, on Lots
IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT
Existing sewage disposal 1- None _ Septic tank (date installed ___ ) -- Sewer
(SHOW ON MAP)
Proposed sewage disposal \( None _ Septic tank - Sewer - Other
Existing water supply' 1 None _ Individual well on lot(s) #
(SHOW ON MAP)
_ Community Well -- Name of System or Owner ___ I
I
Municipal Water Syst~m - Name ofMunicipaliL.
Proposed water supply' ..x.. None
Individual Wells
_ Community Well - Name of System or Owner
_ Municipal Water System - Name of Municipality
Special areas on your project site (Show checked areas on map) X None
Creek or Stream River
(Name) (Name)
LakelPond
_ SwamplBog
(Name)
Cliffs
Has a portion of your project site ever flooded?
_ Yes, when?
_ Draw/Gully
X- No _ Do not know
(If yes, show area on map)
BOUNDARY LINE ADJUSTMENTS ONLY
Lot # A , Lot Area in Square Feet
Lot # , Lot Area in Square Feet
Lot # , Lot Area In Square Feet
Lot # , Lot Area in Square Feet
Does the property being subdivided have city/county/state road frontage? _ No X Yes
City of ye L "" County _ State
b/G~'3
If yes, name of road
\lANG-it. Z,J>. S S
Right-of-Way width of road frontage
5(J'
If no, width and length of private road, easement or right-of-way.
feet wide by feet long
If property to be divided is accessed by a private road, how many other parcels have access by this road?
(Include vacant parcels.)
(FOR YELM TOWNHOUSE SHORT PLATS ONLY)
1 For existing townhouse units being short platted Do the common walls meet building and fire
codes? Yes No
2, For proposed townhouse units: Has the applicant submitted the following to the Site Plan
Review Committee? Yes No
(If no, your short plat will be held pending the submittal of those items listed below)
A) Buildin!:! Plans. Typical front and side elevations and exterior architectural treatments of
the proposed units.
B) Site Plans, Location of buildings in relation to property and lot lines, off-street parking
areas, patio and service areas, including garbage disposal areas, landscaping, walls,
fences, public and private streets, driveways, all common facilities, open space and
walkways. In addition, lot size, percentage of ground coverage and open space shall be
included as data on such plan A topographic map shall also be submitted showing
existing and proposed contours at two-foot intervals and which locates existing streams,
lakes, marshes and other natural features. The requirement of the topographic map
may be waived by the Site Plan Review Committee if it deems it not necessary
*
PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT
LARGER THAN 11" X 17"