Project Review & Correspondence
City of Yelm
Community Development Department
105 Yelm Avenue West
POBox 479
Yelm, WA 98597
November 21 , 2003
Doug Randles
POBox 1077
Eatonville, WA 98328
Re Assigned Savings - Canal Estates Landscaping
Dear Doug
The Community Development Department has closed the final subdivision of Canal
Estates including an inspection and approval of the landscaping At this time, the City
authorizes release of the assigned savings account you have with Venture Bank for the
completion of the landscaping within the subdivision
If you have any questions regarding this matter, please do not hesitate to contact the
Community Development Department.
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
_'_'_~'''';O:O___~'''''''''_''_~'__
--.-..-
Olson Althauser Lawler & Samuelson
Attorneys and Counselors at Law
114 West Magnolia, P.O. Box 210, Centralia, WA 98531 Phone: 360-736-1301 Fax: 360-736-4802
--
RECEIVED
OCT 21 2002
October 18, 2002
Grant Beck, DIrector
Commumty Development Department
CIty ofYelm
POBox 479
Yelm, W A 98597
Re Todd A. Hansen, lnc
Dear Mr Beck:
Todd Hansen has asked me to contact you regardmg your letter of September 4, 2002 that was
dIrected to Doug Randles regardmg Canal Estates Mr Hansen IS very concerned about your
apparent mtentIOn to delay Issuance of the occupancy permIt for the dwellIng under constructIOn
on Lot 17
As you may be aware, Todd A. Hansen lnc purchased Lot 17 It IS not the developer of Canal
Estate SubdIVIsIOn, nor does It have a duty to perform the responsibIlItIes of the developer Your
letter of September 4, 2002 seems to mdlcate that vanous developer responsibIlItIes must be
completed before an occupancy permIt for Lot 17 wIll be Issued. ThIS posItIOn IS mconslstent
WIth the treatment gIven to applIcatIOns on other lots, and IS not reasonable If the CIty of Yelm
has an Issue WIth the developer, It can certamly pursue the Issue WIth the developer dIrectly, or
wIth Its bond.
Please advIse m wntmg whether the CIty of Yelm mtends to WIthhold the occupancy permIt for
Lot 1 7 untIl the developer completes hIS responsibIlItIes. If so, you can expect we wIll take
ImmedIate actIOn to remedy thIS SItuatIOn. It IS not appropnate for the CIty of Yelm to hold Todd
A. Hansen lnc hostage to compel the performance by the developer Todd A. Hansen lnc has no
more responsibIlIty to complete the performance by the developer than any other lot owner
Grant Beck, DIrector
October 18, 2002
Page 2 of2
Please provIde your response promptly
Smcerely yours,
OLSON, ALTHAUSER, LAWLER
&9~
T Charles Althauser
TCAlmd
cc ClIent
From Sherrie L Carver
Sent: Tuesday, August 06, 2002 9.00 PM
To 'jimgibson@ywave com'
Cc. 'dorit093@aol com'
Subject: Questions for the Canal Estates Home Owners' Assn Meeting with the City of Yelm
HiJim,
Thank you for setting up a meetin~ between our "soon to be" Canal Estates Home Owners' Assn and the
City of Yelm this Friday, August 9t at 4'00 p.m at the Public Works building. Below is a list of questions
we have, but I'm hoping you can anticipate some others so we only have to do this once. I'm sure you
and your staff would appreciate that, as would we Please feel free to let me know if there is anything you
can think of that we should do before the meeting, bring to the meeting, etc.
1 Why is it in our best interest to wait to elect a board? Wait for what?
2. What was the developer responsible for as the developer, not the Home Owners' Assn
(HOA)?
3 What is the developer still responsible for? (We understand it is some landscaping) How
long does the developer have to complete this work?
4 What is/will the HOA be responsible for? Retaining pond, sidewalks and area between
the road and the sidewalks?
a Who are we responsible to?
b Are there any time frames we should be concerned about?
c. Yearly inspections, etc?
5 Does the City know what the taxes are for the pond and common areas? If not, do you
know what the parcel number(s) are, so that we can find out from the County?
6 If the HOA was interested in planting some trees or doing any kind of landscaping near
the pond, what are the restrictions and requirements involved?
7 If the HOA was interested in putting in speed bumps, is that a possibility? If so, what
would the requirements be?
Thanks again,
Sherrie Carver/Brian Van Mondfrans
15909 90th Avenue SE
Yelm, WA 98597
(360) 458-5881
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
May 2, 2002
Todd Hansen
POBox 793
Tenino, WA 98589
License No TODDAHI055ME
Re: Revised Illegal Grading in Restricted Buffer Area
Canal Estates Subdivision
Dear Mr Hansen
This letter serves as the revised approval to restore the restricted buffer area. The following is a
bullet point item list of what is required to bring the buffer area into accordance with the intended
use
· The buffer needs to be regraded to the original graded elevations before the illegal
grading This original surface was flat from the barbwire fence line 10' toward the lots
· The 2 horizontal to 1 vertical sloping can begin at the location 10' from the original
barbwire fence This sloping needs to be compacted as it is being constructed
(Tracking it with a bulldozer is adequate)
· Following the completion of the grading the slopes and buffer will need to be seeded
· The fence will need to be repaired behind lot 16 where access has been gained to the
buffer
If you have any questions, please contact me at the Community Development Department or I
can be reached by telephone at (360) 458-8438
Respectfully,
Q-a1YVo l ~~
tJ~im Gibson .
Development Services Engineer
cc Brent Dille, City of Yelm Attorney
Shelly Badger, City Administrator
Cathie Carlson
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April 29,2002
Todd Hansen
POBox 793
T enino, W A 98589
License No TODDAHI055ME
Re.
Illegal Grading in Restricted Buffer Area
Canal Estates Subdivision
\
~~~-l'
7:::'. ~ This letter serves as the approval to restore the restricted buffer area. The following is a bullet
\ '" ~ point item list of what is required to bring the buffer area into accordance with the intended use
~~
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Dear Mr Hansen
.
The buffer needs to be regraded to the original graded elevations before the illegal
grading This original surface was flat from the barbwire fence line 10' toward the lots
The 2 horizontal to 1 vertical sloping can begin at the location 10' from the original
barbwire fence This sloping needs to be compacted as itis being constructed
(Tracking it with a bulldozer is adequate)
The grading behind lots 8 and 9 can also be completed prior to the buffer being restored
The grading will need to be limited to a max. slope of 2 horizontal to 1 vertical sloping
..?Re=I'fet:g r:aGlecl=u P=0f:l=tf:fe;.fer-lei Rg'P"'"
Following the cOl"flpletion of the grading the slopes and buffer will need to be seeded or
soded If you decide to seed the nece~sary areas, you will need to seed this area and
spread straw over the slopes an~'/buftdr area to controt erosion AlsG-ar:l-assigAee-
saViA9.s. -Will-nee. d-to-be-set-l:Jp Jt:ii~avin9s-will:-be-set-tJp-to reseecrtne eJIDlte~. re.as:if~-
~elin.i~~1 seediog_does.Aot-grow1TJ!~ a1~jg~a~~_will-b'e-Ct1~50~hiS
"~III~e.a\tQ.....be~set up before tt:te-gra!.dlr:l9"ls!started._Gr YOlrcan nlace-soa4"f,\tt.ie.buffer'
p / F ___ - '\ /' '- I ./ \ .....;;..--;-~ -t" ,I
(and on-tHe slopes adjacent:>to-the-boffer If sO~/is placeCl no assig~il]gs-wllLbe' "'.
~~ \
The fence will need to be repaired behind lot 16 where access has been gained to the
buffer
.
If you have any questions, please contact me at the Community Development Department or I
can be reached by telephone at (360) 458-8438
Respectfully,
Jim Gibson
Development Services Engineer
cc: Brent Dille, City of Yelm Attorney
Shelly Badger, City Administrator
Cathie Carlson
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Jim G11~) ~
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"- 0 Vlil \JA C1'6U~ J
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, PVashington 98597
(360) 458-3244
April 8, 2002
Todd Hansen
POBox 793
Tenino, WA 98589
License No TODDAHI055ME
Re' Illegal Grading in Restricted Buffer Area
Canal Estates Subdivision
Dear Mr Hansen
On April 5, 2002 it was observed that a bulldozer and dump truck was operating in the 10'
restricted sOil disturbance area. This area is located behind lots 9, 10, 11, 12 13, 14, 15 and 16
of the above referenced subdivision At that time the operators of the equipment stated that
they were under your direction The grading operation was stopped at the City of Yelm's
request.
Before work will be allowed to continue in this area, you will need to submit a grading plan to the
Community Development Department for review and approval This plan should show
proposed grading, retaining walls, restoration of the buffer area and erosion control for the
grading All improvements and final grading will need to be shown outside the 10' buffer area.
There are also additional improvements required for this buffer area Please refer to the letter
you received dated March 20, 2002
This information needs to be submitted to the Community Development Department by 5 00
P m April 16, 2002 At the recommendation of the city's legal representation, if this information
is not submitted by Apnl16 2002 the City of Yelm will be forced to stop all work on the site and
will not authorize future work until this concern is completely addressed to the city's
satisfaction
If you have any questions please contact me at the Community Development Department or I
can be reached by telephone at (360) 458-8438
Respectfully
1C rHh L ~d.:c ~
)JIm Gibson
'-> Oe1jeiopment Services Engineer
cc Srent Dille City of Yelm Attorney
Sr,e!l,/ Sadger Cit'/ Administrator
Cathie Carlson
City ofYelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
March 20, 2002
Doug Randles
POBox 1077
Eatonville, WA 98328
Re Items required for completion of Canal Estates
Dear Mr Randles
Per your request, the Community Development Department reviewed the land use conditions of
approval for Canal Estates, and find that there a few items that need to be completed before we
will issue the final building permit.
Landscaping in the restricted disturbance area, along the western property border needs to be
restored and completed This will require creating a minimum 3 to 1 slope and removing the
sediment that has been placed there during construction Following the grading this area shall
be hydro-seeded and a straw cover placed over the slope The silt fence must be restored until
hydro-seed is established The approved landscape plan calls for Lelandi Cypress to be
planted inside the restricted disturbance area. These trees will also need to be planted
Landscaping in the stormwater facility needs to be completed The western portion of the storm
pond needs to be hydro-seeded and landscape planting completed around the pond The
planter strip adjacent to the west end of the stormwater pond needs to have sod installed
The perimeter fencing needs repaired. The previous repairs have not been adequate You may
need to install a different type of bracket, or some other solution, to prevent it from falling again
The stormwater catch basins will need cleaned prior to final building permit issuance During
construction and home buildout the catchbasins have been filled with sediment from the street
stormwater runoff
If you have any questions, please feel free to contact me I can be reached at (360) 458-8438
Sincerely,
0" . c',,\ r,
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, Jim Gibson
Development Services Engineer
cc Todd Hansen
Gary Carlson Building Official
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March 20, 2002
Doug Randles
POBox 1077
Eatonville, WA 98328
Re Items required for completion of Canal Estates
Dear Mr Randles
Per your request, the Community Development Department reviewed the land use conditions of
approval for Canal Estates, and find that there a few items that need to be completed before we
will issue the final building permit.
Landscaping in the restricted disturbance area, along the western property border needs to be
restored and completed This will require creating a minimum 3 to 1 slope and removing the
sediment that has been placed there during constrlJGtion Following the grading this area shall
be hydro-seeded and a straw cover placed over the slope The silt fence must be restored until
hydro-seed is established The approved landscape plan calls for Lelandi Cypress to be
planted inside the restricted disturbance area. These trees will also need to be planted
Landscaping in the stormwater facility needs to be completed The western portion of the storm
pond needs to be hydro-seeded and landscape planting completed around the pond The
planter strip adjacent to the west end of the stormwater pond needs to have sod installed
The perimeter fencing needs repaired The previous repairs have not been adequate You may
need to install a different type of bracket, or some other solution, to prevent it from falling again
The stormwater catch basins will need cleaned prior to final building permit issuance During
construction and home buildout the catchbasins have been filled with sediment from the street
stormwater runoff
If you have any questions, please feel free to contact me I can be reached at (360) 458-8438
Sincerely,
Jim Gibson
Development Services Engineer
cc. Todd Hansen
Gary Carlson, Building Official
o
o
Jim Gibson
From
Sent:
To
Subject:
Cathie Carlson [carlson@yelmtel com]
Tuesday, March 19, 2002 9:35 AM
Tami Merriman, Jim Gibson, Gary Carlson, Roberta Allen
Canal Estates
Cathie Carlson.vcf
Doug Randles, the original developer of Canal Estates called yesterday
wanting to wrap up any outstanding issues He has some trees to replace and
trees to add into the buffer area (I need to check the landscaping plan) 1
talked to him about the fence and the buffer area He was not aware of the
buffer intrusion/situation We need to identify everything that we want
done and Doug will make sure its completed The only catch is that he will
be closing on the last of the lots he's selling to Todd the first week of
April and wants to be able to have all this stuff done by then
Since Gary is going to be gone beginning Thursday - can we meet tomorrow
morning for a quick discussion - 9 00 am?
Cathie
1
City of Yelm
Community Development
P O. Box 479
Yelm, W A 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
CATHIE CARLSON,
COMMUNITY DEVELOPMENT
DIRECTOR
To: Interested Partles
From: TamI Merriman, Planmng TechmcIan
Date: May 8, 2001
Re: Canal Estates Final Plat SUB-0l-8274-YL
Attached please find final recorded documents for Canal Estates Final Plat.
TO
Company.
Address
HATTON GODAl PANTIER
RECEIVED
APR 06 2001
BY:
,\
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1840 Barnes Blvd SW
Tumwater, WA 98512
Phone (360) 943-1599 - Fax (360) 357-6299
TRANSMITTAL LETTER
Cathie Carlson
DATE
6 Apr 2001
City of Yelm
RE
Canal Estates
AGENCY NO
HGP JOB #"
City, ST Zip
00-037
D Specifications ~ Other' (Listed Below)
We are sending you ~ Prints ~ Mylars
1
1
1
4
1
1
1
Original Mylar - Canal Estates, dated April 4, 2001
Copy of Bill of Sale - Sewer, dated April 5, 2001
Copy of Bill of Sale- Watermain, dated April 6, 2001
Blue Lines - Canal Estates, dated April 4, 2001
Randles Family LLC Check $11,001.76 (Open Space Fee - in Lieu of
Open Space, dated April 4, 2001
Randles Family LLC Check $2,579.35 (Yelm City Review Fees)
Lett~r of Credit and Assignment - First Community Bank dated
fJ ~~ l:jHr, 2001
~claration of Protective Covenants, Conditions, Easements
and Restrictions, dated April 6, 2001
Warranty Agreement, dated April 4, 2001
Second Original Plat Certificate dated March 27, 2001
Letter from Kevin O'Neil, regarding -In-Place Density Tests. Dated
April 4, 2001.
1
1
1
1
~ Your use
D Review and comment
Items transmitted for. D Approval/Submittal
D As requested
D Other
Remarks
Please find the attached easement and plans Should you have questions, do not hesitate
to telephone
Signed Dee Millard for Jeff Pantier
Transmitted via
~ Regular mail
o Overnight
o Courier
o HGP delivery
o Client pickup
Copy to 00-037 (Survey File)
Document2
BILL-OF-SALE W ATERMAIN
Tlus Bill of Sale IS made and executed thIS _ day of , by and between
William R. and Margo S. Cowles, owners; and Randles Family LLC, Contract Purchaser, heremafter
called the "Grantors" and the CITY OF YELM, a MUDlClpal 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 following 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 extended from the eXIstmg facihtIes m Rhoton Road at the mtersectIOn wIth
VIew Dnve and running northerly ill the Rhoton Road nght-of-way, 1,OOO-feet, more or less to
Canal Road, thence westerly m the Canal Road nght-of-way 635-feet, more or less.
ALSO, as extended wIthm the dedIcated nghts-of-way m the plat of Canal 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 makmg claIm thereto
Dated at Yelm, Waslungton thIS _ day of
,20_
Wilham R. Cowles
Margo S Cowles
Randles Family LLC
Page 1 of2
BILL-OF -SALE SEWER
ThIS Bill of Sale IS made and executed thIs _ day of , by and between
William R. and Margo S. Cowles, owners; and Randles Family LLC, Contract Purchaser, heremafter
called the "Grantors" and the CITY OF YELM, a MunIcIpal 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 in Thurston County, State ofWashmgton, TO WIT
'of
All samtary sewers together wIth force mam valves and boxes, cleanouts, plpmg and all other
appurtenances as extended from the eXlstmg facilItIes located m Rhoton Road at the intersectIOn
wIth View Dnve and runnmg northerly m Rhoton Road 638-feet, more or less thence westerly and
northerly wlthm the dedIcated nghts-of-way wlthm the plat of Canal Estates, thence runnmg
westerly m the Canal Road nght-of-way form ItS mtersectIOn WIth the dedIcated nght-of-way of
the plat of Canal Estates 158-feet, more or less.
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 claIm thereto
Dated at Yelm, Washmgton thIS _ day of
,20_
WillIam R. Cowles
Margo S Cowles
Randles Family LLC
"
Page 1 of 2
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me, William R. and Margo S.
Cowles, husband and wife known to be the mdIvIduals described, and who executed the
foregomg mstrument and acknowledge that they sIgned the same as theIr free and voluntary act
and deed for the uses and purposes therem mentlOned.
GlVen under my hand and offiCIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSIOn expIres
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me,
known to be the mdIvldual(s) described, and who executed the
foregomg mstrument and acknowledge that (he, she, they )sIgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentIOned.
GlVen under my hand and offiCIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commiSSIon expIres
System accepted by the City of Yelm thIS _ day of
,20_
CITY OF YELM
By'
E.\office\kro\OO-OOO\OO-037\OO-037 BOS sewer.doc
Page 2 of2
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me, William R. and Margo S.
Cowles, husband and wife known to be the mdIvIduals described, and who executed the
foregomg mstrument and acknowledge that they SIgned the same as theIr free and voluntary act
and deed for the uses and purposes therem mentlOned.
GIVen under my hand and offiCIal seal thIS day of , 200
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSIOn expIres
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me,
known to be the mdIvIdual( s) described, and who executed the
foregomg mstrument and acknowledge that (he, she, they )sIgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentIOned.
GIven under my hand and offiCIal seal thIS day of , 200
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSIOn expIres
System accepted by the CIty of Yelm this _ day of
,20_
CITY OF YELM
By
E:\officc\kro\OO-OOO\OO-037\OO-037 BOS scwcr.doc
Page 2 of2
-.~. .....-----
b '
Return to
CIty ofYelm Pubhc Works
POBox 479
Yelm, W A 98597
RESIDENTIAL
AGREEMENT TO MAINTAIN
STORMWATER FACILITIES AND TO IMPLEMENT A
POLLUTION SOURCE CONTROL PLAN
BY AND BETWEEN
CITY OF YELM (HEREINAFTER "JURISDICTION")
AND
Wilham R. & Margo S. Cowles and Randles Family, LLC
THEIR HEIRS, SUCCESSORS, OR ASSIGNS
(HEREINAFTER "OWNER")
GRANTOR. Cowles, Wilham R. & Margo S and Randles FamIly LLC
GRANTEE. YELM, CITY OF
LEGAL DESCRIPTION NE % of the SE % of Sec. 18, T 17 N, R 2 E, W.M.
ASSESSOR'S TAX PARCEL NO 22718310300
The upkeep and mamtenance of stormwater facilItIes and the ImplementatlOn of pollutlOn source
control best management practIces (BMPs) is essentIal to the protectlOn of water resources m the CIty of
Yelm. All property Owners are expected to conduct busmess m a manner that promotes envIronmental
protectlOn. ThIS Agreement contams speCIfic provlslOns WIth respect to mamtenance of stormwater
facilitIes and use of pollutIon source control BMPs. The authonty to reqUIre mamtenance and pollutlOn
source control IS provided in CIty Ordmance 561 and in Development Guidelines, Chapter 5, Storm
Dramage-"Mamtenance RequITed for Pnvate Stormwater Dramage Systems."
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M.,
DESCRIBED AS
FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER
OF THE SOUTHWEST QUARTER, THENCE NORTH 471 FEET TO THE
s
SOUTHERLY BOUNDARY OF COUNTY ROAD KNOW AS CRYSTAL SPRINGS
ROAD, THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY 683 FEET,
THENCE SOUTH 545 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE
OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 525 FEET
WEST OF THE POINT OF BEGINNING, THENCE EAST ALONG SAID SOUTH
LINE 525 FEET TO THE POINT OF BEGINNING
EXCEPTING THEREFROM, THE EAST 20 FEET AND THE SOUTH 20 FEET FOR
ROADS.IN THURSTON COUNTY, WASHINGTON
Whereas, the OWNER has constructed Improvements, mcludmg but not lImIted to, buildmgs,
pavement, and stormwater facilIties on the property described above In order to further the goals of the
JunsdIctIOn to ensure the protectIon and enhancement ofYelm's water resources, the JunsdIctIOn and the
OWNER hereby enter mto thIS Agreement. The responsibilItIes of each party to thIS Agreement are
IdentIfied below
OWNER SHALL
(I) Implement the stormwater facilIty maintenance program mcluded herein as Attachment" A"
(2) Implement the pollutIOn source control program mcluded herem as Attachment "B"
(3) Mamtain a record (in the form of a log book) of steps taken to Implement the programs referenced
in (1) and (2) above, The log book shall be available for inspectIOn by appomtment at POBox 1077,
Eatonville, W A 98328 The log book shall catalog the actIOn taken, who took It, when It was done, how It
was done, and any problems encountered or follow-on actIons recommended. Mamtenance Items
("problems") lIsted m Attachment "A" shall be mspected as specIfied m the attached mstructIOns or more
often If necessary The OWNER IS encouraged to photocopy the mdIvIdual checklIsts m Attachment "A"
and use them to complete itS mspections. These completed checklIsts would then, m combmatIOn,
compnse the log book.
(4) Submit an annual report to the Junsdiction regardmg implementatIOn of the programs referenced
m (1) and (2) above The report must be submitted on or before May 15 of each calendar year and shall
contain, at a mmimum, the followmg'
(a) Name, address, and telephone number of the businesses, the persons, or the firms responsible for
plan implementation, and the person completing the report.
(b) Time penod covered by the report.
(c) A chronological summary of actIVitIes conducted to implement the programs referenced m (1) and
(2) above A photocopy of the applIcable sectIOns of the log book, with any additIonal explanatIOn needed,
shall normally suffice For any actIvIties conducted by paid parties, include a copy of the mVOlce for
serVices.
(d) An outline of planned activities for the next year
THE JURISDICTION SHALL
(1) Provide technical assistance to the OWNER m support of itS operatIOn and mamtenance actIVitIes
conducted pursuant to itS mamtenance and source control programs. Said aSSistance shall be provided
upon request and as JunsdictIon time and resources permit.
-,
to
(2) Review the annual report and conduct a mmlmum of one (1) sIte VlSlt per year to dISCUSS
performance and problems wIth the OWNER.
(3) RevIew thIS agreement wIth the OWNER and modify It as necessary at least once every three (3)
years.
REMEDIES
(1) If the Junsdlction determmes that mamtenance or reparr work IS reqmred to be done to the
stormwater facilItles existing on the property, the JunsdlctIOn shall gIve the owner of the property wlthm
whIch the dramage facilItles are located, and the person m control of saId property, notice of the specIfic
mamtenance and/or repair reqmred. The Drrector shall set a reasonable tlme (m most mstances not less
than 10 days) m whIch such work IS to be completed by the persons who were gIven notlce If the above
reqmred mamtenance and/or repaIr IS not completed wlthm the tlme set by the DIrector, wntten notlce will
be sent to the Owner of the property m which the dramage facihties are located and the person m control of
said property stating the JunsdlctIOn's mtentIOn to perform such mamtenance and bill the Owner for all
mcurred expenses. The JunsdlctIOn may also revoke stormwater utihty rate credIts for the qualIty
component or mvoke surcharges to the quantlty component of the Owner bill If reqmred mamtenance is not
performed.
(2) If at any tlme the Junsdlction determmes that the eXlstmg system creates any mllnment threat to
pubhc health or welfare, the JunsdlctIOn may take llnmedlate measures to remedy said threat. No notIce to
the persons hsted m Remedies (1), above, shall be reqmred under such Clrcumstances.
(3) The OWNER grants umestrlcted authonty to the JunsdlctIOn for access to any and all stormwater
system features for the purpose of performmg maintenance or repaIr as may become necessary under
RemedIes (1) and/or (2)
The persons hsted m (1), above, shall assume all responsibihty for the cost of any mamtenance and for
repairs to the stormwater facihty Such responsibilIty shall mclude reImbursement to the Junsdlctlon
wlthm 30 days of the receIpt of the mVOIce for any such work performed. Overdue payments will reqmre
payment of mterest at the current legal rate for hquidated judgements. If legal actIOn ensues, any costs or
fees incurred by the Jurisdiction will be borne by the parties responsible for said reImbursements.
(5) The owner hereby grants to the JunsdlctIOn a hen agamst the above described property in an
amount equal to the cost mcurred by the JunsdlctIOn to perform the mamtenance or repau work described
herein.
ThIS Agreement IS mtended to protect the value and deSIrabilIty of the real property described above and to
benefit all the cltlzens of the Junsdiction. It shall run with the land and be binding on all partIes havmg or
acqumng from OWNER or its successors, any right, title, or interest in the property, or any part thereof, as
well as theu tltle, or interest in the property or any part thereof, as well as theIr heus, successors, and
aSSIgns. They shall inure to the benefit of each present or future successor m mterest of Said property or
any part thereof, or mterest therein, and to the benefit of all citizens of the Jurisdiction.
WillIam R. Cowles
Margo S Cowles
Randles Family LLC
E. \office\JO BS\2000\00-03 7\00-03 7 APP EN DIXK - RESstormmaintagr.doc
'0. "
STATE OF WASHINGTON )
) ss
COUNTY OF )
On thIS day and year above personally appeared before me, William R. and Margo S.
Cowles, husband and wife known to be the mdIvIduals described, and who executed the
foregomg mstrument and acknowledge that they sIgned the same as theIr free and voluntary act
and deed for the uses and purposes therem mentIOned.
GIven under my hand and offiCIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSIon expIres
ST ATE OF WASHINGTON )
) ss
COUNTY OF )
On thIS day and year above personally appeared before me,
known to be the mdlVldual(s) described, and who executed the
foregomg mstrument and acknowledge that (he, she, they )sIgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentIOned.
GIven under my hand and offiCIal seal thIS day of , 200
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSlOn expIres
APPROVED AS TO FORM.
Return Address
City of Yelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 DeclaratIOn of proteCtlve Covenants, CondItIOns, Easements and RestnctIOns for Canal
Estates.
2.
Reference Number(s) of Documents assigned or released:
(on page of documents( s))
Grantor(s) (Last name, first name, middle initial)
1 Randles family LLC
2. (l<Jlt\./ t 'j Tt<.:-f-c...J
3
Grantee(s) (Last name, first name, middle initial)
1 Canal Estates
2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NE 1/4 of the SW 1/4 of SectIOn 18, TownshIp 17 N, Range 2 East
o AddItlOnallegalIs on page _ of document
Assessor's Property Tax Parcel/Account Number
22718310300
\ \,,\\\ "I" \\\\\ 'II" \\I\\t\ tll' '\I'U\ " , 1 ~ )11
334616~ 'l~
P <1g€' 1 01 _,b __
&4,.'1::/2&&1 11 l~H
Thurston Co, WA
After Recordmg Return to
Bryce H. DIlle
of Campbell, DIlle, Barnett, SmIth & WIley, PLLC
317 South Mendlan
Puyallup, W A 98371
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS FOR
CANAL ESTATES
Grantor Randles FamIly LLC, a Washmgton lImIted lIabIlIty company
Grantee Canal Estates
Legal DescnptIOn (abbrevIated) Lots 1 through 26 ofthe plat of Canal Estates as recorded
m the office of the Thurston County AudItor
Assessor's Tax Parcel No 22718310300
The Declarant herem as the owners m fee of the real property legally described m
thIS DeclaratIOn, hereby covenant, agree, and declare, that all of the propertIes and housmg
umts constructed on the propertIes are and WIll be held, sold, and conveyed subject to thIS
DeclaratIOn, wmch IS made for the purpose of enhancmg and protectmg the value, the
desIrabIlIty and attractIveness of the propertIes for the benefit of all the propertIes and theIr
owners The covenants, restnctIOns, reservatIOns, and condItIOns, contamed m thIS
DeclaratIOn shall run wIth the land as easements and eqmtable servItudes, and shall be
bmdmg upon the propertIes and each portIOn thereof and all persons ownmg, purchasmg,
leasmg, subleasmg or occupymg any lot on the propertIes and upon theIr respectIve heIrs,
successors and assIgns
ARTICLE ONE: DEFINITIONS
For purposes of the DeclaratIOn, ArtIcles of IncorporatIOn and Bylaws of the
AssocIatIOn, certam words and phrases have partIcular meanmgs, whIch are as follows
1 "ACC" shall mean the ArchItectural Control CommIttee, as described m thIS
Agreement.
DECLARATION OF PROTECTIVE
COVENAl~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
L\DA T A \D\BHD\M\Randles\CC&R's
Page # 1
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Thurston Co. WA
2 "ArtIcles" shall mean the AssOcIatIOn's artIcles of mcorporatIOn and any
amendments.
3 "AssOcIatIOn" shall mean the Canal Estates Homeowner's ASSOCIatIOn formed as
a nonprofit corporatIOn for the purpose of admlillstenng tills DeclaratIOn.
4 "Board" or "Board of DIrectors" shall mean the Board of DIrectors of the
AssocIatIOn.
5 "Bylaws" shall mean the AssOcIatIOn's Bylaws and any amendments.
6 "Common Areas" shall mclude but not be lImIted to Tract A as delmeated on
Canal Estates. Common areas shall also mean the property both real and personal In WhICh
the AssocIatIOn has been granted an ownershIp mterest, easement, or nght of control by any
wntten mstrument mcludmg thIS DeclaratIOn or by delmeatIOn and declaratIOn of the same
on the plat map recorded as referred to above
7 "DeclaratIOn" shall mean tills DeclaratIOn of ProtectIve Covenants, CondItIOns
and Restnctions.
8 "Developer-Declarant" The Developer and Declarant shall mean Randles
FamIly, L.L.C, a Washmgton lImIted lIabIlIty company However, Developer shall also
mclude any entIty WhIch purchases multIple lots from Randles FamIly, L.L.C for the
purposes of constructmg reSIdences thereon. UntIl such tIme as Randles FamIly, L.L.C or
any other entIty purchasmg multIple lots has sold all the lots by that party, then such party
shall Jomtly exerCIse all nghts reserved to the Declarant as set forth m thIS DeclaratIOn. At
any tIme as such party has sold or conveyed all the lots held by that entIty then that party
shall no longer be consIdered a Developer or Declarant.
9 "Development Penod" shall mean the penod of tIme from the date of recordmg
of thIS DeclaratIOn untIl 180 days after the date upon whIch 100% of the lots have been sold
by the Developer, or any shorter penod, as determmed by the Developer A partIal
delegatIOn of authonty by the Developer of any of the management dutles described m thIS
DeclaratIOn shall not termmate the development penod. In the event any loans wIth respect
to any of the lots are msured through the Federal Housmg AdmmlstratIOn (FHA), the
Veteran's AdmInIstratIOn (V A), the Federal NatIOnal Mortgage AssocIatIOn (FNMA), and
the Federal Home Loan Mortgage CorporatIOn, then m that event, the Development Penod
DECLAR"-TION OF PROTECTIVE
COVENA1~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
I \DATA \D\BHD\J.\1\Randles\CC&'R's
Page # 2
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shall termmate at such tIme as 75% of all of the lots have been closed and sold to other than
bUIlders
10 "Housmg Umt" shall mean the bUIldmg occupymg a Lot.
11 "InstItutIOnal First Mortgagee" or "Mortgagee" shall mean a bank or savmgs
and loan assocIatIOn or establIshed mortgage company, or other entlty chartered under
federal or state laws, any corporatIOn or msurance company or state or federal agency WhICh
holds a first note or deed of trust agamst a Lot or Housmg Umt thereon.
12 "Lot" shall mltlally refer to one of the Lots located m the Real Property
described m the Plat of Canal Estates.
13 "Member" shall mean every person or entlty that holds a membershIp III the
AssocIatIOn.
14 "Mortgage" shall mean a mortgage or deed of trust encumbenng a Lot or other
portIOn of the PropertIes.
15 "Owner" shall mean the recorded owner of a Lot, whether one or more persons
or entItIes, but excludmg those havmg such mterest merely as secunty A real estate
contract purchaser shall be deemed the Owner
16 "Person" shall mean a natural person, a corporatIOn, a partnershIp, trustee or
other legal entIty
17 "Real Property" that IS subject to thIS DeclaratIOn IS legally described as Lots 1
through 26 of Canal Estates
18 "Sale" or "Sold" shall mean the date upon whIch ownershIp of a Lot IS
transferred from an Owner to another person or entIty by recordatIOn of an mstrument of
transfer such as a deed or real estate contract.
ARTICLE TWO: MANAGEMENT OF COMMON
AREAS AND ENFORCEMENT OF DECLARATION
SectlOn One Development Penod. Dunng the development penod the Declarant
Canal Estates shall appomt the sole dIrector of the AssocIatIon. The Declarant may also
appomt members of the AssoclatlOn to other comIlllttees or posItIons m the AssocIatIOn as
the Declarant deems appropnate to, serve at the Declarant's dlscretlOn and may assIgn such
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
1. IDA T A \D\BHD\M\Randles\CC&.R's
Page # 3
11111I1111111111111111
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Thurston Co, WA
responsibIlItIes, pnvlleges, and dutIes to the Members as the Declarant determmes for such
tIme as the Declarant determmes. Any member appomted by the Declarant dunng the
development penod may be dIsmIssed at the Declarant's dIscretIOn. The Declarant shall
also appomt members to the Arcmtectural Control CommIttee. At such tIme as the
Declarant has sold and conveyed all lots, then the Declarant may resIgn as a dIrector of the
AssocIatIOn and from any other committees for the duratIOn of the development.
At such tIme as the Declarant has sold and conveyed all lots then any
Developer as defined m thIS Agreement for the duratIOn of the development penod shall be
entItled to appomt a dIrector to the AssocIatIOn as well as a Member to the ArchItectural
Control CommIttee
SectIOn Two Purpose of Development Penod. The Developer's control of the
AssocIatIOn dunng the Development Penod IS establIshed m order to ensure that the
PropertIes and the AssocIatIOn wIll be adequately admmlstered m the mltlal phases of
development, ensure an orderly transItIOn of AssocIatIOn operatIOns, and to facIlItate the
Developers completIOn of constructIOn ofHousmg Umts
SectIOn Three Authonty of AssocIatIOn After Development Penod. At the
eXpIratIOn of Developer's management authonty the AssocIatIOn shall have the authonty
and oblIgatIOn to manage and admmlster the Common Areas and to enforce thIS DeclaratIOn.
Such authonty shall mclude all authonty provIded for m the AssocIatIOn's ArtIcles, Bylaws,
rules and regulatIOns and thIS DeclaratIOn. The ASSOCIatIOn shall also have the authonty and
oblIgatIOn to manage and admlmster the actIvItIes of the ACC m ItS responsibIlItIes as
described m thIS agreement.
SectIOn Four DelegatIOn of Authonty The Board of DIrectors or the Developer
may delegate any of ItS managenal dutIes, powers, or functIOns to any person, firm, or
corporatIOn. The Board and the Developer shall not be lIable for any breach of duty,
neglIgence, omISSIOn, mtentIOnal act or Improper exercIse by a person who IS delegated any
duty, power or functIon by the Board of DIrectors or the Developer
SectIOn FIVe. TermmatIOn of Development. Upon termmatIOn of the development
penod, the Declarant, or m the event the Declarant has resIgned as a dIrector of the
assocIatIOn, then the Developer, m accordance WIth the by-laws, shall conduct by mall an
electIon of a board of dIrectors who shall then act m accordance and m connectIOn WIth the
terms and prOVISIOns of the artIcles of mcorporatIOn, by-laws and thIS DeclaratIOn.
However, In the alternatIve, not less than ten (10), nor more than thIrty (30), days pnor to
the termmatIOn of the development penod, the Declarant, or any Developers who then
DECLAR\ TION OF PROTECTIVE
COVENAI'HS, CONDITIONS,
EASEMENTS & RESTRICTIONS
I \DA T A \D\BHD'u\tI\Randles\CC&R's
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constItute the board, may gIVe wntten notIce oftermmatIOn of the development penod to the
owner of each lot. SaId notIce shall specIfy the date when the development penod will
termmate and that at such tIme a meetmg of the Members shall be called m accordance wIth
the by-laws at wluch tIme Members shall then elect dIrectors m accordance wIth the terms
and provIsIOns ofthe artIcles ofmcorporatIOn, by-laws and tlus DeclaratIOn.
ARTICLE THREE: MEMBERSHIP
Every person or entIty who IS an Owner of any Lot agrees to be a Member of the
AssocIatIOn by acceptance of a deed for such Lot. MembershIp may not be separated from
ownershIp of any Lot. All Members shall have nghts and dutIes as specIfied m tlus
DeclaratIOn, and m the ArtIcles and Bylaws of the ASSOCIatIOn.
ARTICLE FOUR: VOTING RIGHTS
Members shall be entItled to one vote for each Lot owned. No more than one vote
shall be cast wIth respect to any Lot. The votmg nghts of any Member may be suspended as
provIded m the DeclaratIOn, or the ArtIcles or Bylaws of the AssocIatIOn. Members' votes
may be solIcIted and tabulated by maIl or facsImile
ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS
SectIOn One. Conveyance of Common Areas Upon recordmg of thIS DeclaratIOn,
the Declarant does hereby convey and transfer all of ItS nght, tItle and mterest m and to
Tract A, as shown on the plat of Canal Estates, to the Canal Estates Homeowners'
AssocIatIOn. The Declarant, however, reserves for the benefit of the Declarant, ItS
successors and assIgns, those certam nghts of use, mgress, egress, occupatIOn, and control
mdlcated elsewhere m thIS DeclaratIOn for the duratIOn of the development, at WhICh tIme
thIS reservatIOn shall cease and then be of no further force and effect. ThIS tracts and any
other real propertIes and Improvements WhIch are described herem are referred to as the
"Common Areas" together with any easements WhICh are for the benefit of the ASSOCIatIOn
or Members WhICh are also defined as bemg "Common Areas" under the terms of thIS
DeclaratIOn.
SectIOn Two. Property RIghts m Common Areas The AssocIatIOn shall have the
nght and oblIgatIOn to mamtam Improvements, vegetatIOn, sIgnage and utllItIes m and on all
common areas, mcludmg the mamtenance of the storm water system. The AssocIatIOn shall
have the exclusIve nght to use and manage the common areas m a manner conSistent with
the plat, thIS DeclaratIOn, the ArtIcles and the by-laws of the ASSOCIatIOn.
DECLARATION OF PROTECTIVE
COVENA..~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
I \DATA \D\BHD\M\Randles\CC&.R's
Page # 5
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ARTICLE SIX. MAINTENANCE AND COMMON EXPENSES
SectIOn One Standard of Mamtenance - Common Areas The AssocIatIOn shall
mamtam the Common Areas m a manner consIstent WIth good bUIldmg and nursery
practIces, and m complIance wIth all applIcable codes and regulatIOns. The common areas
shall mclude but not be lImIted, as defined below, together wIth all easements wmch are for
the benefit of all lot owners. These common areas mclude but are not lImIted to the
followmg:
A. Tract A IS an open space/storm water retentIOn tract described m and shown on
the Plat of Canal Estates
B All easements WhICh have been establIshed for the benefit of lot owners or the
ASSOCIatIOn, or WhICh may be delmeated on the plat of Canal Estates, WhICh
easements are reserved for the benefit of all lot owners as well as easements
wmch are reserved for the benefit of the AssocIatIOn for the purpose of the
mstallatIOn, mamtenance, and repamng of any Improvements or any other
mstallatIOns constructed Wltmn saId easement areas
SectIOn Two Standard of Mamtenance ":" Lots and Plantmg Stnps. Each Lot Owner
hereby covenants and agrees to mamtam hIS respectIve Lot (includmg as a part of saId Lot
the Plantmg Stnp located between the street and the sIdewalk adjacent to the Owner's
respectIve Lot, If any), and the Housmg Umt located thereon m the same condItIOn as a
reasonably prudent homeowner would mamtam hIS own home so that the Real Property wIll
reflect a hIgh pnde of ownershIp Each Lot Owner shall perform at the Lot Owner's
expense the mamtenance and upkeep of any dramage swales and/or underground dram lInes
and catch basms mstalled on theIr Lot.
SectIOn Three. RemedIes for FaIlure to Mamtam If any Lot Owner shall faIl to
conduct mamtenance on hIS Lot or the extenor of the Housmg Umt located thereon, or faIls
to mamtam the Lot and the extenor of the Housmg Umt m the same condItIOn as a
reasonably prudent homeowner, or m a manner whIch preserves the dramage for other Lots,
the AssocIatIOn shall notIfy the Lot Owner m wntmg of the mamtenance reqUIred. If the
mamtenance IS not performed wlthm thIrty (30) days of the date notIce IS delIvered, the
AssocIatIOn shall have the nght to provIde such mamtenance, and to levy an assessment
agamst the non-performmg Lot Owner and hIS Lot for the cost of provldmg the
mamtenance. The assessment shall constItute a lIen agamst the Lot owned by the non-
performmg Lot Owner and may be collected and foreclosed m the same manner as any other
delmquent monthly or speCIal assessment. The AssocIatIOn shall have all remedIes for
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collectIOn as provIded m thIS DeclaratIOn. In the event that emergency repalrs are needed to
correct a condItIOn on a Lot wmch pose a substantIal nsk of mjury or sIgmficant property
damage to others, the AssocIatIOn may ImmedIately perform such repalrs as may be
necessary after the ASSOCIatIOn has attempted to gIVe notIce to the Lot Owner of the repalrs
necessary Such notIce m emergency cIrcumstances shall be sufficIent If attempted orally or
m wntmg ImmedIately pnor to the AssocIatIOn's undertakmg the necessary repalrs.
Emergency repalrs performed by the AssocIatIOn, If not pald for by the Lot Owner, may be
collected by the ASSOCIatIOn III the manner provIded for herem, notwlthstandmg the failure
ofthe AssocIatIOn to gIVe the Lot Owner the thIrty (30) day notIce
SectIOn Four Common Ex?enses The AssocIatIOn shall perform such work as IS
necessary to carry out the dutIes described III thIS DeclaratIOn, and shall delegate the
responsibIlIty for management and supervISIOn of such work to the Board, the ACC or to a
manager or agent hIred by the Board for the purpose of such management and supervISIOn.
Expenses for such work shall be pald by the AssocIatIOn for the benefit of all Lot Owners
and shall be referred to as Common Expenses. The Common Expenses shall be pald by the
ASsoclatIOn from funds collected from assessments pald by Lot Owners. The Common
Expenses shall mclude, but shall not be lImIted to, the followmg.
1 The real property taxes levIed upon the AssocIatIOn for the Common Areas,
2. The cost of mamtammg all reqUIred msurance coverage and fidelIty bonds on any
Common Areas, and for dIrectors and officers of the AssocIatIOn and the ACC,
3 The cost of mamtammg, repamng and replacmg all Common Area Improvements,
the storm water system wlthm the Plat, SIgnS, penmeter fencmg, If any, constructed by
Declarant, and plantmgs and landscapmg sltuated on any plantmg stnps WhICh are located
between the edge of any sIdewalk and the curb of any roadway wlthm the Plat, If the same
are not mamtamed by applIcable governmental jUnSdlctIOns The cost of mamtenance of all
landscapmg along easement boundanes WhICh are adj acent to resIdentIal lots, mcludmg but
not lImIted to the storm water facIlItIes and the storm water facIlIty easement.
4 The AssocIatIOn shall also assume, pay and be responsible to mamtam the storm
water facllItles and to Implement a pollutIOn source control plan accordmg to the terms of an
Agreement to be executed between the Clty ofYelm and the Declarant.
5 Any other expense whIch shall be deslgnated as a Common Expense m the
DeclaratlOn, m ItS ExhibIts, or from tlme to tIme by the AssoclatlOn.
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SectIOn FIVe. SanctIOns for FaIlure to Mamtam. In the event the ASSOcIatIOn or ItS
successors, m the judgment of the CIty of Yelm, faIls to mamtam dramage facIlItIes wlthm
the plat, or If the AssocIatIOn or ItS successors WIllfully or accIdentally reduces the capacIty
of the dramage system or renders any part of the dramage system unusable, the ASSOCIatIOn
or ItS successors agree to the followmg remedy' After thIrty (30) days notIce by regIstered
maIl to the AssocIatIOn or successors, the CIty of Yelm may correct the problem or mamtam
facIlItIes as necessary to restore the full desIgn capacIty of the dramage system. The CIty of
Yelm will bIll the AssocIatIOn or successors for all costs assocIated wIth the engmeenng and
constructIOn of the remedIal work. The CIty of Yelm may charge mterest as allowed by law
from the date of completIOn of constructIOn. The CIty of Yelm wIll place a lIen on all of the
property of the AssocIatIOn and/or lots wIthIn the Plat of Canal Estates for payments m
arrears. Costs or fees mcurred by the CIty of Yelm, should legal actIOn be reqmred to
collect such payments, shall be borne by the AssocIatIOn or successors.
SectIOn SIX Extraordmary Use Expenses. 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 theIr actIOns damage those common areas or any Improvements located
thereon or therem, then the mdlvldual subjectmg the common area to such use shall have the
oblIgatIOn to repaIr 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 mdlvldual.
SectIOn Seven. Owners' Easements of Ellloyment. Each owner shall have a nght m
an easement of enjoyment m and to the common areas WhICh shall be appurtenant to and
shall pass wIth tItle (or, If applIcable, wIth the eqmtable tItle held by real estate contract
purchaser) to every lot, subject to the followmg provIsIOns
A. The nght of the Declarant or the AssocIatIOn to establIsh use and
operatIOn standards for all common areas, to be bmdmg upon all
AssocIatIOn Members along wIth enforcement standards.
B The nght of the Declarant (dunng the development penod) or the
AssocIatIOn (after the development penod) to dedIcate or transfer all or
any part of the common areas to any publIc agency, authonty or utIlIty
for such purposes and subject to such condItIons as the Declarant or
Members, as applIcable, may deem appropnate. After the development
penod, no such dedIcatIOn or transfer shall be effectIve unless the
mstrument agreemg to such dedIcatIOn or transfer IS SIgned by owners of
two thIrds of the lots has been recorded.
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C Any owner may delegate theIr nght of enjoyment to the common
areas and facIlItIes to the members of theIr famIly, theIr tenants, or theIr
guests, subject to the lImItatIOns set forth above
SectIOn EIght. Insurance Nothmg shall be done or kept m any common areas
wmch WIll mcrease the rate of msurance on the common areas or other lots or Improvements
WIthout the pnor wntten consent of the board. Notmng shall be kept m any common area
WhICh wIll result m cancellatIOn of msuranceon any part of the common areas or WhICh
would be m vIOlatIOn of any laws or ordmances.
SectIOn Nine AlteratIOn of Common Areas and Common Mamtenance Areas.
Nothmg shall be altered or constructed m, or removed from any common mamtenance area
or common area except upon pnor wntten consent of the board. There shall be no
constructIOn of any kmd wlthm the common areas except that commumty Improvements
may be constructed If two-thIrds of the Members of the ASSocIatIOn authonze (1) the
constructIOn of such Improvements, and (2) assessment for such Improvements. Also, any
such Improvements would be subject to the acqUIsItIon of all reqUIred permIts from
governmental agencIes. ThIS SectIOn shall not lImIt or prohibIt Declarant (and no Member's
consent shall be necessary), dunng the development penod, from constructmg or altenng
any such Improvements to any common area or any common mamtenance area, whIch
Declarant m Declarant's sole dIscretIOn, deems for the benefit and enhancement of said
areas and the AssocIatIOn m general.
SectIOn Ten. Dumpmg m Common Areas, Common Mamtenance Areas, or
Wetland and Buffer Areas No trash, constructIOn debns, or waste, plant or grass clIppmgs
or other debns of any kmd, nor any hazardous waste, (as defined m federal, state or local
law regulatIOn) shall be dumped, deposIted or placed on any common areas, common
mamtenance areas or easements. The Declarant (dunng the Development Penod) and the
Board thereafter, shall retam the nghts for enforcement and mItIatIOn of penaltIes for
vIOlatIOns of thIS polIcy
SectIOn Eleven. Landscapmg and Fencmg. No permanent structures or landscapmg
of any kmd, mcludmg fences, walls or shrubs, may be built or placed wlthm any nght of
way easements or other easements as delmeated on the plat except as deemed appropnate by
the board. ThIS prohibItIOn shall not apply to the landscapmg and any Improvements m the
common mamtenance areas mstalled by the Declarant, nor shall thIS SectIOn prohibIt the
AssocIatIon from mstallmg addItIOnal Improvements or landscapmg wlthm the desIgnated
common areas or common mamtenance areas, nor shall thIS sectIOn prohibIt the mstallatIOn
of fences as may be otherwIse allowed m thIS DeclaratIOn, nor shall thIS sectIOn prohibIt the
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mstallatIOn of landscapmg on pnvate lot areas encumbered by utIlIty easements not
otherwIse restncted m trus DeclaratIOn. Also, thIS prohibItIOn shall not apply to landscapmg
of front or sIde yards of lots extendmg to the edge of the curb or sIdewalk and the publIc
nght of way
SectIOn Twelve Management. Each owner expressly covenants that the Declarant
(dunng the development penod) and the board thereafter, may delegate all or any portIOn of
management authonty to a managmg agent, manager or officer of the AssocIatIOn and may
enter mto such management contracts or other servIce contracts to provIde for the
mamtenance of the common areas and common mamtenance areas and any portIOn thereof.
Any management agreement or employment agreement for mamtenance or management
may be termmable by the AssocIatIOn wIthout cause upon not more than nmety (90) days
wntten notIce thereof. (However, trus shall not be applIcable If the management agreement
proVIdes for any other specIfic termmatIOn.) The term of any such agreement shall not
exceed one year, renewable by Agreement of the partIes for succeSSIVe penods of up to three
years each. Each owner IS bound to observe the terms and condItIOns of any management
agreement or employment contract, all of wruch shall be made aVallable for mspectIOn by
any owner upon request. Any fees or salary applIcable to any such management
employment or servIce agreement shall be assessed to each owner
ARTICLE SEVEN: ASSESSMENTS
SectIOn One Covenants for Mamtenance Assessments.
(a) Declarants, for each Lot owned by It, agrees, and each Owner of a
Lot by acceptance of a deed therefor, whether or not It shall be so expressed m any such
deed or other conveyance, IS deemed to agree to pay to the AssocIatIOn annual or other
regular assessments.
(b) The annual or other regular and specIal assessments, together
wIth mterest, costs and reasonable attorney's fees, shall be a charge and a contmumg lIen
upon the Lot agamst WhICh each such assessment IS made Such lIen may be foreclosed by
the AssocIatIOn m 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 fell due The personal oblIgatIOn shall not pass to
the Owner's successors-m-mterest unless expressly assumed by them. The new Owner shall
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be personally lIable for assessments willch become due on and after the date of sale or
transfer
(d) Unless otherwIse provIded for m thIS DeclaratIOn, no lot owned by
a Declarant shall be subject to any annual or other assessments.
SectIOn Two Purpose of Assessments. The assessments levIed by the AssocIatIOn
shall be used exclusIvely for the purpose of promotmg the recreatIOn, health, safety and
welfare of the resIdents of the Property, mcludmg the Improvement, repaIr and mamtenance
of the Common Areas and the servIces and facIlItIes related to the use and enjoyment of saId
areas, for the payment of msurance premmms on the Common Areas, and for the
mamtenance of other areas as proVIded for m tills DeclaratIOn.
SectIOn Three. Board to FIX Annual or Regular Assessment. The Board of
DIrectors shall fix the regular or annual assessment at least tillrty (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 annually or regular assessment for the pnor year shall automatIcally be contmued 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 mamtenance, repaIr and replacement
of those Common Areas WhICh reqUIre such actIOns on a penodlc basIs That m the event
there IS any mcrease m 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 the Bylaws of the AssocIatIOn WhICh are mcorporated herem as though fully
set forth.
SectIOn Four: SpecIal Assessments for CaPItal Improvements. In addItIOn to the
annually or regular assessments authonzed above, the ASSOCIatIOn may levy many
assessment year, a specIal assessment applIcable to that year only, for the purpose of
defrayIng, m whole or m 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 III accordance WIth the prOVIsIOns of the Bylaws of
the AssocIatIOn whIch are mcorporated herem as though fully set forth.
SectIon FIve. Rate of Assessment. Both annually or regular and specIal
assessments shall be fixed at a UnIform rate for all Lots
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SectIOn SIX. ImtIal Assessment. The ImtIal assessment wmch shall be paId by any
Lot Owner who acqUIres a lot from the Developer shall pay $100 00 for each lot so
acqUIred at tIme of closmg of the purchase of saId Lot, whIch amount shall be pald to and
held by the AssocIatIOn to pay for assocIatIOn expenses under the terms of thIS DeclaratIOn.
Tms mltIal assessment shall be m addItIOn to the annual assessment or any pro rated portIOn
thereof WhICh may be assessed pursuant to SectIOn Seven.
SectIOn Seven. Annual Assessment. The annual assessment shall be $100 00 per
lot commencmg on January 1st, 2002 Each lot owner, upon purchasmg from a developer or
bUIlder, shall pay the prorata portIOn of sald assessment. SaId annual assessment shall be
due on or before January 30th of each year m WhICh the assessment IS made. The above
referenced annual assessment and all subsequent annual assessments shall be pald to the
Homeowners' AssocIatIOn who shall then pay for the expenses of the AssocIatIOn as
reqUIred under the terms of tms DeclaratIOn. In the event the expenses of the AssocIatIOn
are m excess of the assessments collected, then the developers who subsequently purchase
from the Declarant shall pay the dIfference to the AssocIatIOn on a pro rata baSIS as
determmed by the number of lots owned by all such developers. At such tIme as there had
been suffiCIent assessments collected by the AssocIatIOn, then sald developer shall be
reImbursed. The Declarant shall not be responsible or lIable for the payment of any
assessment agamst any lot owned by the Declarant.
SectIOn EIght: CertIficate of Payment. The AssocIatIOn shall, upon wntten demand,
furnISh a certIficate m wntmg settmg forth whether the assessment on a specIfied Lot has
been paId. A reasonable charge may be made for the Issuance of the certIficate. Such
certIficate shall be conclusIve eVIdence of payment of any assessment stated to have been
pald.
SectIon Nine SpecIal Assessments. In addItIOn to the assessments authonzed
above, the AssocIatIOn, by ItS Board of DIrectors may levy, m any year, a specIal assessment
applIcable to that year only, for the purpose of defrayIng the cost of any constructIOn or
reconstructIOn, unexpected repalr or replacement of faCIlItIes m the Common Areas.
However, the Developer shall not be oblIgated to pay any specIal assessments on Lots
owned by the Developer Assessments may be made based upon the estlmated cost of such
work, pnor to the work's commencement, provIded such estImate has been provIded by a
contractor retamed by the Board for the purpose of such estImate. All specIal assessments
for constructIOn of new faCIlItIes or acqUIsItIOn of new eqUIpment, WhICh IS not for the
upgrade, repalr or replacement of eXlstmg constructIOn or eqUIpment, shall reqUIre approval
of two-thIrds the Members
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SectIOn Ten. Fmes Treated as SpecIal Assessments Any fines levIed by the
AssOcIatIOn pursuant to RCW Chapter 64 38 (or successor statute authonzmg the ImposItIon
of fines) shall be treated as a specIal assessment of the Owner fined, and may be collected
by the AssocIatIOn m the manner described m thIS DeclaratIOn.
ARTICLE EIGHT: COLLECTION OF ASSESSMENT
SectIOn One LIen - Personal OblIgatIOn. All assessments, together wIth mterest and
the cost of collectIOn shall be a contmumg lIen upon the Lot agamst whIch each such
assessment IS made. The lIen shall have all the mCldents of a mortgage on real property
Each such 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 at the tIme the
assessment was due. No Owner may Walve or otherwIse aVOId lIabIlIty for assessments by
non-use ofthe Common Areas or abandonment of the Lot.
SectIOn Two DelInquency If any assessment IS not pald wlthm thIrty (30) days
after ItS due date, the assessment shall bear mterest from sald date at twelve percent (12%),
or, m the event that twelve percent (12%) exceeds the maXImum amount of mterest that can
be charged by law, then the hIghest permIssible rate as provIded for by law A late charge of
five percent (5%) of the amount overdue shall be charged for any payment more than ten
(10) days past due Each Member hereby expressly grants to the AssocIatIOn, or Its agents,
the authonty to bnng all actIOns agamst each Member personally for the collectIOn of such
assessments as a debt and to enforce lIen nghts of the ASSOCIatIOn by all methods for the
enforcement of such lIens, mcludmg foreclosure by actIOns brought m the name of the
AssocIatIOn m a lIke manner as a mortgage of real property, and such Member hereby
expressly grants to the AssocIatIOn the power of sale m connectIOn WIth such lIens. The
lIens provIded for m thIS sectIon shall be m favor of the ASSOCIatIOn, and shall be for the
benefit of the AssocIatIOn. The AssocIatIOn shall have the power to bId at a foreclosure sale
and to acqUIre, hold, lease, mortgage and convey any Lot obtamed by the AssocIatIOn.
SectIOn Three SuspensIOn of V otmg RIghts In the event any Member shall be m
arrears m the payment of the assessments due or shall be m default of the performance of
any of the terms of the ArtIcles and Bylaws of the AssocIatIOn, the rules or regulatIOns
adopted by the AssocIatIOn, or the DeclaratIOn for a penod of thIrty (30) days, the Member's
nght to vote shall be suspended and shall remam suspended untIl all payments are brought
current and all defaults remedIed. In addItIOn, the AssocIatIOn shall have such other
remedIes agamst such delmquent Members as may be provIded m the ArtIcles, Bylaws or
DeclaratIOn.
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SectIOn Four Enforcement of Assessments The Board may take such actIOn as IS
necessary, mcludmg the mstItutIOn of legal proceedmgs, to enforce the provIsIons of thIS
ArtIcle In the event the Board begms an actIOn to enforce any such nghts, the prevaIlmg
party shall be entItled to ItS attorney's fees, costs and expenses mcurred m the course of such
enforcement actIOn as provIded m thIS DeclaratIOn.
ARTICLE NINE: BUILDING. USE. AND ARCHITECTURAL
RESTRICTIONS
SectIOn One Appomtment of ACC The Declarant reserves the nght to appomt any
member or members of the ACC untIl the Declarant and all developers have sold and
conveyed all of the lots held m the name of the Declarant or developer Tills nght shall
automatIcally termmate at such tIme as the Declarant and any developer no longer owns any
lots wlthm the plat of Canal Estates. Dunng tills penod the Declarant reserves the nght to
appomt a maJonty of the members of the ACC and each developer has the nght to appomt
one member to the ACC All declSlons of the maJonty of the members of the ACC shall be
final and bmdmg. At the expIratIOn of the tIme penod m WhICh the Declarant and the
developer has the nght to appomt members to the ACC then the Board of the ASSOCIatIOn
shall appomt up to three members of the ACC or If members of the ACC resIgns and no
replacements assume that office then the Board shall act as the ACC untIl members of the
ACC are appomted or take office.
SectIon Two Authonty of ACC After Development. At the expIratIOn of the
Developers management authonty, the ACC shall have the authonty and oblIgatIOn to
manage and admlmster the reVIew of bUIldmg plans, specIficatIOns and plot plans and ~uch
other submIsSIOns as described m SectIOn Four herem, and to enforce these covenants,
condItIOns and restnctIons. Such authonty shall mclude all authonty provIded for the ACC
m the AssocIatIOn's ArtIcles, Bylaws, Rules and RegulatIOns, as mltIally adopted, or as
amended, and all the authonty granted to the ACC by thIS DeclaratIOn.
SectIon Three DelegatIon of Authontv of ACC The ACC or the Declarant may
delegate any of ItS dutIes, powers, or functIOns described m thIS ArtIcle to any person, firm,
or corporatIOn.
SectIOn Four Approval bv ACC ReqUIred. Except as to constructIOn, alteratIOn, or
Improvements performed by the Developer, no constructIOn actIvIty of any type mcludmg
clearmg and gradmg, cuttmg or transplantmg of slgnlficant natural vegetatIOn may begm on
a Lot or Common Area and no bmldmg, structure, fence or other Improvement shall be
erected, placed or altered on any Lot or Common Area untIl, at a mmlmum, the bmldmg
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plans, specIficatIOns, plot plans, and landscape plan showmg the nature, kmd, shape, heIght,
matenals, extenor color and locatIOn of such bUIldmg, structure or other Improvements have
been submItted and approved m wntmg by the ACC or Its authonzed representatIve as to
harmony of extenor deSIgn and locatIOn m relatIOn to and ItS effect upon surroundmg
structures and topography Further, no fences, hedges or walls shall be erected or altered
and no sIgnIficant extenor changes shall be made to any bUIldmg mcludmg, but not lImIted
to, extenor color changes, addItIOns or alteratIOns untIl such wntten approval shall have
been obtamed.
SectIOn FIve TIme LImIts. If the ACC or ItS authonzed representatIve shall faIl to
notIfy the Owner of ItS actIOn for a penod of thIrty (30) days followmg the date of the
submIssIOn of the reqUIred mformatIOn to the ACC, or ItS authonzed representatIve, the
Owner may proceed WIth the proposed work notwlthstandmg the lack ofwntten approval by
the ACC or ItS authonzed representatIve. The reqUIred mformatIOn shall be consIdered
submItted to the ACC upon personal delIvery of a complete set of all reqUIred mformatIOn to
the person deSIgnated to receIve such Items by the ACC or by maIl three days after deposIt
m the U S MaIl, postage prepaId, certIfied, return receIpt requested, to the ACC m care of
the Board of DIrectors of the AssocIatIOn at the address deSIgnated m the most recent notIce
of assessment by the Board, or at such other address as IS deSIgnated by the Board by wntten
notIce to the Members.
SectIOn SIX GUIdelmes The ACC may adopt and amend, subject to approval by
the Board, wntten gUIdelmes to be applIed m ItS reVIew of plans and specIficatIOns, m order
to further the mtent and purpose of thIS DeclaratIOn and any other covenants or restnctIOns
covenng Real Property If such gUIdelmes are adopted, they shall be aVaIlable to all
mterested partIes upon request.
SectIon Seven. Meetmgs. The ACC shall meet as IS necessary to reVIew any plans
or specIficatIOns provIded pursuant to thIS SectIOn, and shall keep and mamtam a record of
all actIOns taken at meetmgs or otherwIse
SectIon EIght: No WaIver Approval by the ACC of any plans, drawmgs or
specIficatIOns shall not be a WaIver of the nght to WIthhold approval of any SImIlar plan,
drawmg, specIficatIOn or matter submItted for approval
SectIOn Nine. ConsultatIOn. The ACC may retam and consult persons or entItIes to
aSSIst m the evaluatIOn of plans submItted to the Board for reVIew
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SectIOn Ten. Appeals. After the Development Penod, the Board shall serve as an
appellate panel to reVIew declSlons of the ACC upon request of a party aggneved by the
ACe's declSlon. The Board shall provIde, through rules and regulatIOns, a procedure by
WhICh decIsIOns of the ACC may be appealed to the Board. The Board may choose, m Its
dIscretIOn, to lImIt the scope of such appeal and prOVIde tIme lImItatIOns for appeals to be
made to the Board.
SectIOn Eleven. Enforcement. The ACC may recommend and request that the
Board Imtlate legal proceedmgs to enforce the terms of these covenants or orders of the
ACC Legal proceedmgs may only be mstItuted, however, after approval of the Board.
SectIOn Twelve No LIabIlIty The ACC, ItS agents and consultants shall not be
lIable to the ASSOCIatIOn, ItS members, to any Owner or to any other person for any damage,
loss or prejUdICe resultmg from any actIOn or faIlure to act on a matter submItted to the ACC
for determmatIOn, or for faIlure of the ACC to approve any matter submItted to the ACC
The ACC shall not be lIable for any damage, loss or prejUdICe resultmg from any actIOn by a
person who IS delegated a duty, power or functIOn by the ACC
SectIOn ThIrteen. Fees. The ACC may charge a fee for the reVIew of any matter
submItted to It. Any fee schedule adopted by the ACC must be approved by the Board.
SectIOn Fourteen. Temporary Structures ProhibIted. No basement, tent, shack,
garage, barn or other outbUIldmg or bUIldmgs or any structure of a temporary or moveable
character erected or placed on the PropertIes shall at any tIme be used as lIvmg quarters
except as speCIfically authonzed by the ACC
SectIOn FIfteen. NUIsances. No noxIOUS or undeSIrable thmg, actIVIty or use of any
Lot m the PropertIes shall be permItted or mamtamed. If the ACC shall determme that a
thmg or use of property IS undesIrable or noxIOUS, such determmatIOn shall be conclUSIVe
The ACC may recommend and the Board may dIrect that steps be taken as IS reasonably
necessary, mcludmg the mstItutIOn of legal actIOn or the ImposItIOn of fines m the manner
authonzed by RCW Chapter 64 38, to abate any actIvIty, remove anythmg or termmate any
use of property whIch IS determmed by the ACC or described m thIS DeclaratIOn to
constItute a nUIsance.
SectIOn SIxteen. BUIldmg Tvpe No structures of any kmd shall be erected or
permitted to be mamtamed on any lot other than smgle famIly reSIdences, garages,
workshops and structures normally accessory to such reSIdences WhICh have been approved
m accordance WIth the prOVIsIOns of the DeclaratIOn. No carports WIll be allowed and all
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garages must have doors. All dwellmgs shall be of a "stIck-bUIlt" varIety MobIle and
manufactured homes, and modular homes are specIfically not permItted. A two car or a
three car garage IS permItted and shall be mcorporated m or made part ofthe dwellmg house.
No detached garages shall be permItted except wIth express wntten approval by the
ArchItectural Control CommIttee or the Declarant If the same IS erected dunng the
development penod.
SectIOn Seventeen. Use of Lots. All Lots WIth the Property shall be used solely for
pnvate smgle- famIly resIdentIal purposes and not for busmess purposes, provIded, however,
that wlthm such smgle famIly resIdences the Owner(s) thereof may, upon formal wntten
applIcatIOn to the Board, request permISSIOn to operate a lIcensed day care busmess. The
Board shall be authonzed, but not oblIgated, to grant such approval and such approval may
only be granted, m the sole dIscretIOn of the Board IF 1) all applIcable governmental zomng
and land use classIficatIOns lawfully permIt such usage AND, 2) the busmess and Owner(s)
are lIcensed by all applIcable governmental authontIes to operate such a day care busmess
AND 3) the day care busmess WIll be operated only between the hours of 7 a.m. and 6 p.m.
and only on Monday through Fnday AND, 4) no more than (4) children, m addItIOn to those
of the Owner's ImmedIate famIly, are enrolled m eIther a part or full-tIme capacIty m such
day AND 5) The Owner(s) of such Lot(s) operatmg such day care faCIlIty wIll fully oversee,
restnct and supervIse all chIldren enrolled and wIll lImIt such actIvItIes stnctly wlthm the
confines of theIr resldence( s) and Lot( s) and not outsIde the same AND, 6) the owner( s) of
saId Lot( s) agree to mdemmfy and hold the Declarant and the AssocIatIOn fully harmless
from any and all lIabIlIty and causes of actIOn of whatever kmd arIsmg by VIrtue of the
Owner's operatIOn of such a day care busmess AND, 7) the Owner(s) of saId Lot(s) WIll
provIde the AssocIatIOn pnor to commencmg such busmess operatIOns, and at all tImes
dunng such busmess operatIOns, WIth venficatIOn of lIabIlIty msurance coverage m an
amount not less than $1,000,000 00 nammg the AssocIatIOn and the Declarant and such
other partIes as the AssocIatIOn may deem appropnate as addItIOnal msured AND, 8) such
operatIOn does not mterfere or otherwIse vIOlate any other provIsIOns of thIS DeclaratIOn,
mcludmg, but not necessanly lImIted to VehIcle parkmg and sIgnage restnctIOns. Should
the Board gIve wntten authonzatIon for such usage, such authonzatIOn may be revoked by
at least five (5) days pnor wntten notIce delIvered to Owner and should the Owner(s)
operatmg such day care bus mess fall to stnctly adhere to the prOVISIOns contamed wlthm the
DeclaratIOn as well as any addItIOnal Rules and RegulatIOns Imposed, from tIme to tIme, by
the Board. No other uses are permItted. NeIther the Declarant, the Board and/or the
AssocIatIOn shall be deemed to be a partner or Jomt venturer and/or an mterest m such
busmess operatIOn to the extent permISSIOn to operate such a day care busmess IS authonzed.
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SectIOn EIghteen. LImItatIon on AnImals. No ammals, except dogs, cats, caged
bIrds, fish m tanks, and other small household pets, wIll be permItted on Lots. Dogs shall
not be allowed to run at large or to create a dIsturbance for other Owners m the plat. No
ammals wIll be allowed to be leashed, chamed, or otherwIse tIed to any portIOn of the front
or sIdes of ResIdences. Leashed ammals are permItted wlthm nghts-of-way when
accompamed by theIr owners The person accompanymg the ammal must exerCIse
"scoopmg" of anImal waste. All pens and enclosures must be screened from VIew of other
ResIdences and Lots and must be approved by the CommIttee pnor to constructIOn and shall
be kept clean and odor free at all tImes. If the InVestIgatIOn of the Board mdlcates that
ammals are kept m VIOlatIOn of thIS SectIOn, the Declarant, dunng the development penod,
or the Board thereafter, WIll gIve the Owner ten (10) days wntten notIce of the VIOlatIOn.
Such VIOlatIOn must be remedIed by the Owner wlthm such ten (10) day penod. FaIlure to
comply wIth the wntten notIce WIll result m a fine of $25 00 per day Any fine Imposed by
thIS SectIOn shall be the personal oblIgatIOn of the fined Owner and a lIen on the Lot of the
fine owned. The ASSOCIatIOn shall be entItled to attorneys' fees and costs for any actIOn
taken to collect such fines m accordance wIth the provIsIOns of thIs DeclaratIOn.
SectIOn Nineteen. Tree HeIght. No tree shall be allowed to grow to a heIght of more
than twenty-five feet above the adjacent ground unless the CommIttee determmes that
mcreased heIght would not have a matenal adverse effect on the VIew from other lots. The
AssocIatIOn shall specIfically have the nght to tnm offendmg trees at the owner's expense
after reasonable notIce.
SectIOn Twenty. UnsIghtly CondItIons. No unsIghtly condItIOns shall be permItted
to eXIst on any Lot. UnsIghtly condItIOns shall mclude, wIthout lImItatIOn, laundry hangmg
or exposed m VIew for drymg, lItter, trash, junk or other debns, mappropnate, broken or
damaged furnIture or plants, non-decoratIve gear, eqUIpment, cans, bottles, ladders, trash
barrels and other such Items, and no awnmgs, aIr condltIOmng umts, heat pumps or other
prOjectIOns shall be placed on the extenor walls of any housmg Umt unless pnor wntten
approval shall have been obtamed from the ACC
SectIOn Twenty One. Antennas, SatellIte ReceptIOn. SatellIte dIshes of no more
than one meter m dIameter or dIagonal measurement are permItted on the PropertIes WIth
ACC approval of the locatIOn of the satellIte dIsh m the manner described m thIS
DeclaratIOn. Except as prOVIded above, no radIO or teleVISIOn antenna or transmlttmg tower
or satellIte dIsh shall be mstalled on the extenor of any home wIthout approval of the ACC
obtamed pursuant to SectIOn Four, and a showmg by the Owner that such mstallatIOn WIll be
VIsually shIelded from the VIew of the resIdents travelmg upon streets located on the
PropertIes
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SectIOn Twenty Two Setbacks No bUIldmg shall be located on any Lot nearer to
the front lot lIne or nearer to the sIde street than the mlmmum bUIldmg setback lInes adopted
by the governmental authonty wIth jUflsdlctIOn over the PropertIes
SectIOn Twenty Three. Roofs. Roofs on all bmldmgs must be fimshed wIth
matenals approved for use by the ACC or ItS authonzed representatIves. More than one
type of matenal may be approved.
SectIOn Twenty Four: Fences, Walls. Fences, walls, or shrubs are permItted on sIde
and rear property lInes, up to wlthm the greater of (i) twenty feet of the front property lIne,
or (ii) the dIstance between the front lot lIne and the front wall (facade) of the pnmary
resIdence, subject to (i) the approval of the ACC, and (Ii) determmatIOn of whether such
fence, walls or shrubs would mterfere WIth utIlIty easements reflected on the face of the plat
and other easements elsewhere recorded. In no event shall any fence be allowed between
the front lot lIne and the front wall facade of the pnmary resIdence. No barb WIre, cham
lInk, corrugated fiber glass fences shall be erected on any lot, except that cham lmk fencmg
for a sports faCIlIty enclosure may be consIdered for approval by the ACC upon request. All
fences must be constructed of cedar unless otherwIse approved by the ACC and can be no
more than SIX feet m heIght.
SectIOn Twenty FIve. Underground UtIlItIes ReqUIred. Except for any faCIlItIes or
eqUIpment provIded by the Declarant or any utIlIty, all electncal servIce, telephone lInes and
other outdoor utIlIty lInes shall be placed underground.
SectIOn Twenty SIX. VehIcle Parkmg and Storage No vehIcle may be parked on
any bUIldmg Lot or sIdewalks, except on deSIgnated and approved dnveways or parkmg
areas WhICh shall be hard-surfaced. Only the cars of guests and VISItors may be parked on
the streets. All other vehIcles shall be parked m garages or on dnveways located entIrely on
a Lot. No storage of goods, vehIcles, boats, trallers, trucks, campers, recreatIOnal vehIcles or
other eqUIpment or deVIce shall be permItted m open VIew from any Lot or nght of way
(VehIcles, boats, trallers, trucks, campers and recreatIOnal vehIcles shall be referred to as
"VehIcles") ThIS prOVISIOn shall not exclude parkmg of up to a combmatIOn of two (2)
automobIles and regular SIzed pIck up trucks owned or used by the lot owner on the
deSIgnated dnveway areas adjacent to the garages on the Lot. A lot owner may also park on
the dnveway recreatIOnal vehIcles and/or boat trallers for a penod not to exceed 24 hours
ThIS paragraph IS also not meant to dIsallow permanent (more than 24 hours) parkmg or
storage of vehIcles on the Lots, but If stored, vehIcles shall be adequately screened from the
VIeW of adjacent nghts-of-way and Lots Screemng of such vehIcles must have the approval
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of the CommIttee Upon 48 hours' notIce to the Owner of an Improperly parked vehIcle, the
Board has the authonty to have towed, at the Owner's expense, any vehIcles, (except up to a
combmatIOn of two automobIles and regular sIzed pIck up trucks owned or used by the lot
owners), stIll vIsible from the nght-of-way or adjacent resIdences that have been parked on
any Lot or wlthm the nght-of-way for more than 24 hours. Notwlthstandmg the foregomg,
Owners who have vlsltmg guests mtendmg to stay m such a vehIcle may secure wntten
permISSIOn from the Board for such guests to park the vehIcle upon the Lot owned by the
Owner for a maxImum penod of one (1) week. Such a pnvIlege shall only eXIst, however,
after the wntten permIssIOn has been obtamed from the Board.
SectIOn Seven. SIgnS. No SIgnS, bIllboards, or other advertlsmg structures or devIce
shall be dIsplayed to the publIc VIew on any lot except (1) not to exceed three square feet m
area may be placed on a lot to offer the property for sale or rent and wIth the exceptIOn of
any entry monumentatIOn and sIgnage WhICh may be mstalled by the Declarant. PolItIcal
yard SIgnS, not more than three square feet m area, of a temporary nature, not to exceed
thIrty days wIll be allowed dunng campaIgn penods on lots. Withm five days after the date
of the electIOn to WhICh the SIgn refers, such SIgnS must be removed from lots. ThIS sectIOn,
mcludmg but not lImIted to the restnctIOns on the number of SIgnS and SIgn sIze lImIt shall
not apply to SIgnS approved under thIS DeclaratIOn by the Declarant dunng the development
penod.
The Declarant may establIsh, for the duratIOn of the development, sIgnage
gUIdelInes and standards for lot IdentIficatIOn, realtor IdentIficatIOn SIgnS, "for sale" SIgnS
and other sIgnage that may be placed by partIes other than the Declarant on any part of the
lots wlthm Canal Estates, the common areas, or the publIc nghts-of-way The Declarant
may also develop an overall theme for sIgnage wlthm the proJect, mcludmg specIfic
reqUIrements for physIcal SIgn mstallatIOns and SIze reqUIrements, whIch theme wIll then
become a part of the establIshed gUIdelmes and standards for sIgnage m Canal Estates
dunng the development penod.
Dunng the development penod, the Declarant shall have the sole and
exclUSIve nght to approve, m the Declarant's sole dIscretIOn, any and all sIgnage
mstallatIOns wlthm any part of the real property encompassed wlthm the plat of Canal
Estates, mcludmg the adjacent nghts-of-way Each owner of a lot m Canal Estates and any
developer or real estate agent on behalf of an owner, shall submIt any proposed SIgnS to the
Declarant for approval pnor to the mstallatIOn of the SIgnS.
Any SIgnS not specIfically approved by the Declarant found anywhere wIthm
Canal Estates, the common areas, or on any lot, or on adjacent nghts-of-way may be
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promptly removed and dIsposed of by Declarant. Tills absolute nght of the Declarant to
remove unauthonzed SIgnS from the property or adjacent nghts-of-way specIfically mcludes,
but IS not lImIted to, the Declarant's nght to remove any and all SIgnS placed by real estate
agencIes or theIr representatIves, mcludmg temporary reader board SIgnS and other sIgnage
mstallatIOns.
No person, mcludmg but not lImIted to, the person or persons ownmg any
mterest m the SIgnS removed, shall be entItled to compensatIOn of any kmd for SIgnS
removed by Declarant pursuant to the sectIOn.
The Board may cause any SIgn placed on the property or any adjacent nghts-
of-way m vIOlatIOn of thIS DeclaratIOn to be removed and destroyed wIthout compensatIOn
of any kmd to anyone mcludmg, but not lImIted to any persons havmg any ownershIp
mterest m the SIgn. ThIS sectIOn shall not apply to sIgnage placed by Declarant.
AddItIOnal sIgnage may be mstalled by Declarant dunng the development
penod to promote the sale oflots or houses and to promote Declarant's project and company
and representatlves. Notwlthstandmg anythmg m thIS DeclaratIOn to the contrary, SIgnS
placed by the Declarant shall not be subject to any SIgn restnctIOns and specIfically shall not
be subject to the lImItatIOns set forth m thIS DeclaratIOn on the number of SIgnS and SIze of
SIgnS. The Declarant shall also not be subject to any gUIdelmes or standards establIshed by
Declarant for other partIes pursuant to tills DeclaratIon.
Under no CIrcumstances shall the Declarant be lIable for, or be reqUIred to
pay, for all or any part of the constructIOn, mstallatIon or mamtenance of any SIgnS WhIch
are placed on any lot not owned by the Declarant. ThIS sectIon shall apply even If Declarant
reqUIres an owner to place a SIgn pursuant to thIS DeclaratIOn.
SectIOn Twenty-EIght. Easements for Enforcement Purposes. Owners hereby grant
to the AssocIatIOn an express easement for the purpose of gomg upon the Lots of Owners for
the purpose of removmg vehIcles or other sImIlar objects whIch are parked or stored m
VIOlatIon ofthe terms of thIS DeclaratIOn.
SectIOn Twentv-Nine. ExcavatIOn and FIll. Except wIth the permIssIOn of the
ACC, or except as may be necessary m connectIOn wIth the constructIOn of any approved
Improvement, no excavatIOn or fill shall be made nor shall any dIrt be removed from any Lot
herem.
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SectIOn ThIrty: Dramage. The owner of any lot shall not take any actIOn WhICh
would mterfere wIth surface water dramage across that lot eIther through natural dramage or
by dramage easements Any change of dramage, 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 dramage plan submItted to the
ACC
SectIOn ThIrty-One. Use Dunng ConstructIOn. Except wIth the approval of the
Board, no persons shall resIde upon the premIses of any Lot untIl such tIme as the
Improvements to be erected thereon m accordance WIth the plans and specIficatIOns
approved by the Board have been completed.
SectIOn ThIrty-Two. Garbage and Refuse. No garbage, refuse, rubbIsh, cuttmgs or
debns of any kmd shall be deposIted on or left upon any Lot Uflless placed m an attractIve
contamer sUItably located and screened from publIc VIew All eqUIpment for the storage or
dIsposal of such matenals shall be kept m a clean and sanItary condItIOn.
SectIOn ThIrty-Three 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
re~Idence constructed on such premIses, mcludmg tanks for the storage of fuels, must be
buned or walled sufficIently to conceal them from the VIew from nelghbonng Lots, roads, or
streets. All clothes lInes, garbage cans, eqUIpment, 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 thIS nature
must be approved by the ACC pnor to constructIOn.
SectIOn ThIrty-Four: Auto Repalr. No major auto repalr shall be permItted except
wlthm enclosed garages whIch are kept closed. The only repalrs permItted on the balance of
the Property are occasIOnal casual repalrs and mamtenance actlvltles such as tune-ups or 011
changes.
SectIOn ThIrty-FIve. Extenor Fmlsh. The extenor fimshes on the front of houses
shall be approved by the ACC The entIre reSIdence must be pamted or stamed m colors
approved by the ACC All metal fire place chImneys shall be eIther wood or stone wrap
SectIOn ThIrty-SIX. Dnveways. That all dnveways mcludmg any access to the rear
yard of any reSIdence shall be of a hard surface constructIOn of eIther concrete or washed
aggregate and shall be completed pnor to final bUIldmg mspectIOn.
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SectIOn Trurtv-Seven. Mamtenance of Structures and Grounds. Each owner shall
mamtam hIS lot and resIdence thereon m a clean and attractIve condItIOn, m good repaIr and
m such fasruon as not to create a fire hazard.
SectIOn Trurty- EIght. FIrearms. The use of firearms IS expressly prohibIted wlthm
the plat of Canal Estates.
SectIOn ThIrty-Nine. DIrt bIkes and/or ATV No unlIcensed motor vehIcles,
mcludmg motorcycles, dIrt bikes, motor scooters, A TV's etc , shall be permItted on any road
wlthm the plat, nor shall dIrt bikes or ATV's be permItted to operate on any owner's lot.
SectIOn Forty: Damage Repalr All owners agree to repalr ImmedIately any damage
to any utIlItIes adjacent to theIr lot or lots, m the event any of the utIlItIes are cracked,
broken, or otherwIse damaged as a result of dwellmg constructIOn actIVItIes, or other
actIvItIes by owner, by persons actmg for owner, or by persons m or around the property at
the request or WIth the consent of the owner
SectIOn Forty-One. BUIldmg Matena1s. 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 CommIttee WIll determme whether a used matenal IS a
"decor" Item. In makmg thIS determmatIOn, the CommIttee WIll consIder whether the
matenal harmomzes WIth aesthetIc character of Canal Estates development and whether the
matenal would add to the attractIve development of the subdIVISIOn. All sIdmg and tnm are
to be re-sawn wood and/or vertIcal or honzontal "LP" type sIdmg, bnck, authentIc stone
sIdmg, OSB LAP or vmyl sIdmg of a color approved by the ACC T -111 sIdmg shall only
be permItted on the sIdes of reSIdences whIch do not face the street or on the back of
reSIdences.
The extenor of all constructIOn on any Lot shall be deSIgned, bUIlt and mamtamed m
such a manner as to blend m WIth the natural surroundmgs and landscapmg. Extenor colors
must be approved by the CommIttee. Extenor tnm, fences, doors, rallmgs, decks, eaves,
gutters and the extenor fimsh of garages and other accessory bUIldmgs shall be deSIgned,
bUIlt and mamtamed to be compatible WIth the extenor ofthe structure they adJom.
The Committee or Board wIll establIsh an approval process and color gUIdelmes
Any change of color as to the extenor of any eXlstmg home wlthm Canal Estates wIll be
subJ ect to the same approval process.
SectIOn Forty-Two. Mmlmum Size of ReSIdences Pnvate smgle-famIly reSIdences
shall conSIst of not less than one (1) Lot and no Lot shall ever be further subdIVIded. Each
DECLARATION OF PROTECTIVE
COVENAi'i'TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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ReSIdence must have a pnvate enclosed car shelter for not less than two (2) cars, provIded
that a portIOn of the mtenor of saId garage may be Improved and/or fimshed for resldentlal
use by the Owner thereof provIded that the extenor of the garage shall not be removed or
otherwIse modIfied so as to elImmate the garage door that prevIOusly provIded access
thereto No smgle structure shall be altered to provIde for more than one (1) famIly Smgle
level type resIdences (resIdences conslstmg of a one story resIdence or a resIdence
conslstmg of a basement and one story) shall contam at least 1,100 square feet. MultI-level
resIdences (l.e, tn-levels as that term IS used m the constructIOn mdustry) shall contam at
least 1,200 square feet. Two story resIdences shall contam at least 1200 square feet. SplIt-
level resIdences shall contam at least 1,200 square feet. ill computmg the total square
footage of a resIdence, the basement may be mcluded but garages and/or enclosed decks
shall not be mcluded.
SectIOn Forty-Three. Codes. All constructIOn shall conform to the reqUIrements of
the State of Washmgton's rules and regulatIOns for mstallmg electnc WIres and eqUIpment,
and the umform codes (bUIldmg mechanIcal, plumbmg), m force at the commencement of
the constructIon, mcludmg the latest reVlSlons thereof.
SectIOn Forty-Four: Entry for illspectIon. Any agent or member of the Declarant or
any member of the archItectural control commIttee may at any reasonable predetermmed
hour upon 24 hours notIce dunng constructIOn or extenor remodelmg, enter and mspect the
structure to determme If the constructIOn or extenor remodelmg complIes WIth the
provISIOns of thIS DeclaratIOn. The above reCIted mdlvlduals shall not be guIlty of trespass
for such entry or mspectIOn. There IS created an easement over, under, and across,
resIdentIal lots for the purpose of makmg and carrymg out such mspectlons.
SectIOn Forty-FIve. Authonty to Adopt AddItIOnal Rules and RestnctIOns. The
AssocIatIOn shall have the authonty to adopt addItIOnal wntten rules and restnctIOns
governmg the use of the PropertIes, provIded such rules and restnctIOns are consIstent WIth
the purposes of the DeclaratIOn, and to establIsh penaltIes for VIOlatIOn of those rules and
restnctIOns. If rules and restnctIOns are adopted, they, along WIth the establIshed penaltIes,
shall be aVailable to all Members upon request.
SectIOn FOrty-SIX. Enforcement. The AssocIatIOn, or the Declarant dunng the
Development Penod, may, but IS not reqUIred to, take any actIOn to enforce the proVIsIOns of
the DeclaratIOn aVaIlable to It under law, mcludmg but not lImIted to Imposltlon of fines as
authonzed by RCW Chapter 64.38, specIfic performance, mJunctIVe relIef, and damages
Any Member may also enforce the terms of thIS ArtIcle (although a Member may not
Impose a fine as authonzed by RCW Chapter 6438) but the Member must first obtam an
DECLARATION OF PROTECTIVE
CO'VENAi"'lTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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order from a court of competent JUrIsdIctIOn entItlmg the Member to relIef. In the event that
a Member takes any actIOn to enforce the terms of tills ArtIcle, the AssocIatIOn shall not be
m any way oblIgated to Jom m such actIOn, or pay any of the attorney's fees, costs and
expenses mcurred m such actIOn.
ARTICLE TEN: EASEMENTS
SectIOn One Easement for Encroachments Each Lot IS, and the Common Areas
are, subject to an easement for encroachments created by constructIOn, settlement, and
overhangs as deSIgned or constructed by the Declarant, and a valId easement for
encroachments and for mamtenance of the same as long as Sald Improvements remam.
SectIOn Two Easements on Extenor Lot Lmes. In addItIOn to easements reserved
on any plat of the PropertIes or shown by mstrument of record, easements for utIlItIes and
dramage are reserved for the Declarant or ItS aSSIgns, over a five-foot wIde stnp along each
sIde of the mtenor Lot hnes, and ten feet over the rear and front of each Lot, and over,
under, and on the Common Areas. Withm all of the easements, no structure, plantmg or fill
matenal shall be placed or permItted to remam WhICh may, m the opmIOn of the Board or
ACC, damage or mterfere WIth the mstallatIOn and mamtenance of utIlItIes, or WhICh may
obstruct or retard the flow of water through dramage channels and the easements The
easement area of each Lot and all Improvements wlthm It shall be mamtamed contmuously
by the Owner of such Lot, except those Improvements for WhICh a publIc authonty, utIlIty
company or the AssoCIatIOn IS responsible
SectIOn Three AssoCIatIOn's Easement of Access The AssocIatIOn, the ACC, and
ItS agents shall have an easement for access to each Lot and to the extenor of any bUIldmg
located thereon dunng reasonable hours as may be necessary for the followmg purposes. (a)
cleanmg, mamtenance, or repalr of any home or Lot as provIded m thIS DeclaratIOn, (b)
repalr, replacement or Improvement of any Common Area accessible from that Lot; (c)
emergency repalrs necessary to prevent damage to the Common Areas or to another Lot, or
to the Improvements thereon, (d) cleanmg, mamtenance, repaIr or restoratIOn work WhICh
the Owner IS reqUIred to do but has falled or refused to do, and (e) all acts necessary to
enforce these Covenants
SectIOn Four Easement for Declarant. Declarant shall have an easement across all
Common Areas for mgress, egress, storage and placement of eqUIpment and matenals, and
other actIOns necessary or related to the development or mamtenance of the Real Property
DECLARATION OF PROTECTIVE
COVENA1~TS, CONDITIONS,
EASEl\IENTS & RESTRICTIONS
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SectIOn FIVe. UtIlIty Mamtenance Easements. Easements are granted for the
mstallatIOn, mspectIOn, and mamtenance of utIlItIes and dram facIlItIes as delIneated on the
plat for Canal Estates. No encroachment wIll be placed wlthm the easement shown on the
plat WhICh may damage or mterfere wIth the mstallatIOn, mspectIOn, and mamtenance of
utIlItIes. Mamtenance and expense of the storm water dramage facIlItIes shall be the
responsibIlIty of the AssocIatIOn as establIshed under the terms and prOVISIOns of tills
DeclaratIOn.
ARTICLE ELEVEN: MORTGAGEE PROTECTION
SectIOn One Mortgagees. Notwlthstandmg and prevallIng over any other
provIsIOns of the DeclaratIOn, the AssocIatIOn's ArtIcles of IncorporatIOn or Bylaws, or any
rules, regulatIOns or management agreements, the followmg provIsIOns shall apply to and
benefit each InstItutIOnal FIrst Mortgagee ("Mortgagee") willch holds a Mortgage gIVen for
the purpose of obtammg funds for the constructIOn or purchase of a Housmg Umt on any
Lot or the Improvement of any Lot.
SectIOn Two LIabIlIty LImIted. The Mortgagee entItled to the protectIOn hereof
shall not m any case or manner be personally lIable for the payment of any assessment or
charge, nor for the observance or performance of any covenant, restnctIOn, rule, AssocIatIOn
ArtIcle of IncorporatIOn or Bylaw, or management agreement, except for those matters
WhICh are enforceable by mJunctIVe or other eqUItable relIef, not requmng the payment of
money, except as heremafter provIded.
SectIOn Three Mortgagees's RIghts Dunng Foreclosure Dunng the pendency of
any proceedmg to foreclose the Mortgage, the Mortgagee or the receIver, If any, may
exerCIse any or all of the nghts and pnvIleges of the Owner of the mortgaged Lot, mcludmg
but not lImIted to the nght to vote as a Member of the AssocIatIOn to the exclusIOn of the
Owner's exerCIse of such nghts and pnvIleges.
SectiOn Four AcqUISItIon of Lot bv Mortgagee. At such tIme as the Mortgagee
shall become entItled to possessIOn of the Lot, the Mortgagee shall be subject to all of the
terms and condItIOns of the DeclaratIOn, and the ArtIcles, Bylaws, rules and regulatIOns of
the AssocIatIOn, mcludmg but not lImIted to the oblIgatIOn to pay for all assessments and
charges accrumg thereafter, m the same manner as any Owner; provIded, however, the
Mortgagee shall acqUIre the tItle to sald Lot free and clear of any lIen authonzed by or
ansmg out of any provlSlons of the DeclaratIOn whIch secure the payment of any assessment
for charges accrued pnor to the date the Mortgagee became entItled to possessIOn of the Lot.
DE CLARA TION OF PROTECTIVE
COVENA1~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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SectIOn FIVe ReallocatIOn of UnpaId Assessment. If It IS deemed necessary by the
AssocIatIOn, any unpaId assessment agamst a Housmg Umt foreclosed agamst may be
treated as a common expense of other Lots. Any such unpaId assessment shall contmue to
eXIst as a personal oblIgatIOn of the defaultmg Owner of the respectIve Lot to the
ASSOCIatIOn.
SectIOn SIX. SubordmatIOn. The lIens for assessments provIded for m thIS
mstrument shall be subordmate to the lIen of any Mortgage, or other secunty mterest placed
upon a Lot or Housmg Umt as a constructIOn loan secunty mterest or as a purchase pnce
secunty mterest, and the AssocIatIOn WIll, upon demand, execute a wntten subordmatIOn
document to confirm the partIcular supenor secunty mterest.
SectIOn Seven. Mortgagee's RIghts. Any Mortgagee shall have the nght on request
therefor to (a) mspect the books and records of the ASSOCIatIOn dunng normal busmess
hours, (b) receIve an annual audIted financIal statement of the aSSOCIatIOn wlthm (90) days
followmg the end of any fiscal year; and (c) receIve wntten notIce of all meetmgs of the
ASSOCIatIOn and desIgnate a representatIve to attend all such meetmgs.
SectIOn EIght: LImItatIOn on Abandonment of Common Areas. The AssocIatIOn
shall not, wIthout the pnor wntten approval of sIxty-seven percent (67%) of the Mortgagees,
seek to abandon the Common Areas for reasons other than substantIal destructIOn or
condemnatIOn of the property
SectIOn Nine NotIce. If such notIce has been requested m wntmg, Mortgagees shall
be entItled to tImely wntten notIce of: (a) substantIal damage or destructIOn of any Housmg
Umt or any part of the Common Areas or facIlItIes, (b) any condemnatIOn or emment
domam proceedmgs mvolvmg any Housmg Umts or any portIOn of Common Areas or
facIlItIes, (c) any default under tills DeclaratIOn or the ArtIcles, Bylaws or rules and
regulatIOns of the ASSOCIatIOn by an Owner of any Housmg Umt on whIch It holds the
mortgage WhICh IS not cured wlthm thIrty (30) days, (d) any SIxty (60) day delmquency m
the payment of assessments or charges owed by the Owner of any Housmg Umt on WhICh It
holds the mortgage, (e) ten (10) days' pnor wntten notIce of any lapse, cancellatIOn or
matenal modIficatIOn of any msurance polIcy or fidelIty bond mamtamed by the
AssocIatIOn, and (f) any proposed actIOn that reqUIres the consent of a specIfic percentage
of Mortgagees
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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ARTICLE TWELVE: MANAGEMENT CONTRACTS
Each Member hereby agrees that the ASSOcIatIOn and the ACC may enter mto
agreements for the performance of any or all of the functIOns of the AssocIatIOn and the
ACC wIth such persons or entItIes as the AssocIatIOn deems appropnate, however, any
agreement for professIOnal management of the PropertIes, or any other contract provldmg
for servIces by the Declarant must provIde for termmatIOn by eIther party wIthout cause
after reasonable notIce
ARTICLE THIRTEEN: INSURANCE
SectIOn One Coverage. The AssocIatIOn may purchase as a Common Area Expense
and shall have authonty to and may obtam msurance for the Common Areas agamst loss or
damage by fire or other hazards m an amount sufficIent to cover the full replacement value
m the event of damage or destructIOn. It may also obtam a comprehensIve publIc lIabIlIty
polIcy covenng the Common Areas. The comprehensIve publIc lIabIlIty coverage shall be
m an amount to be determmed by the AssocIatIOn. It may also obtam msurance to cover the
Board, the ACC, ItS agents and employees from any actIOn brought agamst them ansmg out
of actIOns taken m furtherance of the AssocIatIOn's dutIes under thIS DeclaratIOn.
Followmg the development penod, all such msurance coverage shall be wntten m
the name of the ASSOCIatIOn as trustee for each of the Members of the ASSocIatIOn. The
ASSocIatIOn shall reVIew the adequacy of the ASSOCIatIOn's msurance coverage at least
annually All polIcIes shall mclude a standard mortgagee's clause and shall provIde that
they may not be canceled or substantIally modIfied (includmg cancellatIOn for nonpayment
of premIUm) wIthout at least ten (10) days pnor wntten notIce to any and all msured named
therem, mcludmg Owners and InstItutIOnal FIrst Mortgagees that have requested notIce
SectIOn Two Replacement, RepaIr After Loss. In the event of the damage or
destructIon of the Common Areas covered by msurance wntten m the name of the
AssocIatIOn, the ASSOCIatIOn may, upon receIpt of the msurance proceeds, and to the extent
of such proceeds contract to rebUIld or repaIr such damaged or destroyed portIOns of the
Common Areas to as good a condItIOn as they were when the loss occurred, provIded,
however, that the AssocIatIon's electIOn not to rebUIld the Common Areas shall reqUIre the
approval of two-thIrds (2/3) of the AssocIatIOn. The AssocIatIOn may m ItS sole dIscretIOn
contract WIth any contractor for reconstructIOn or rebUIldmg of such destroyed portIOns of
the Common Areas
DECLARATION OF PROTECTIVE
COVENAl'HS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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ARTICLE FOURTEEN: RULES AND REGULATIONS
The ASSOcIatIOn and/or ItS Board of DIrectors IS hereby authonzed and empowered
to adopt rules and regulatIOns govermng the use of the PropertIes and the personal conduct
of the Members and theIr guests thereon, and to establIsh penaltIes for the mfractIOn thereof,
m the manner described by RCW Chapter 64.38, the Bylaws and any resolutIOns passed by
the Board. All Lot Owners shall be gIven wntten notIce of the rules and regulatIOns m the
manner reqUIred by RCW Chapter 64.38
ARTICLE FIFTEEN: REMEDIES AND WAIVER
SectIOn One RemedIes Not LImIted. The remedIes provIded herem, mcludmg those
for collectIOn of any assessment or other charge or claIm agamst any Member, for and on
behalf of the AssocIatIOn, the ACC, or Declarant, are m addItIOn to, and not m lImItatIOn of,
any other remedIes provIded by law
SectIOn Two No WaIver The faIlure of the AssocIatIOn, the ACC, the Declarant or
of any of theIr duly authonzed agents or any of the Owners to mSlst upon the stnct
performance of or complIance wIth the DeclaratIOn or any of the ArtIcles, Bylaws or rules or
regulatIOns of the AssocIatIOn, or to exerCIse any nght or optIOn contamed therem, or to
serve any notIce or to mstItute any actIOn or summary proceedmgs, shall not be construed as
a WaIver or relInqUIshment of such nght for the future, but such nght to enforce any of the
provIsIOns of the DeclaratIOn or of the ArtIcles, Bylaws or rules or regulatIons of the
AssocIatIOn shall contmue and remam m full force and effect. No WaIver of any prOVISIOn
of the DeclaratIOn or of the ArtIcles, Bylaws, rules or regulatIOns of the AssocIatIOn shall be
deemed to have been made, eIther expressly or ImplIed, unless such waIver shall be m
wntmg and sIgned by the Board of DIrectors of the AssocIatIOn pursuant to authonty
contamed m a resolutIOn of the Board ofDlfectors.
ARTICLE SIXTEEN: CONDEMNATION
In the event of a partIal condemnatIOn of the Common Areas, the proceeds
shall be used to restore the remammg Common Area, and any balance remammg shall be
dIstributed to the AssocIatIOn.
In the event that the entIre Common Area IS taken or condemned, or sold, or
otherwIse dIsposed of III lIeu of or III aVOIdance thereof, the condemnatIOn award shall be
dIstributed to the ASSOCIatIon.
DECLARATION OF PROTECTIVE
COVENAt~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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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.
ARTICLE SEVENTEEN: GENERAL PROVISIONS
1 Bmdmg Effect. All present and future Owners or occupants of Lots
shall be subject to and shall comply wIth the provIsIOns of thIs 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 havmg 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 eqUIty, all restnctIOns, condItIOns, covenants, reservatIOns, lIens and
charges now or hereafter Imposed by the provIsIOns of thIS DeclaratIOn. Should the
AssocIatIOn or any Owner employ counsel to enforce any of the foregomg covenants,
condItIOns, 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 restnctIOn, or found to be delmquent m the payment of
SaId lIen or charge.
3 Enforcement by Self Help The Declarant, 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 thIS DeclaratIon. ProvIded, tills provIsIon shall not be construed as a
permIssIOn 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 notlce shall specify
the nature of the offense and shall also specIfy the actIOn necessary to cure. Such actIOn
shall also provIde a reasonable opportumty to cure WhICh, except m 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 thIS declaratIOn, If not paid by the offendmg owner wlthm thirty (30) days
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS
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after wntten notIce and bIllmg, may be filed as a lme upon such lot, enforceable as other
lIens herem.
6 Owner OblectIOn. Should a lot owner object to the complamts of the
Declarant, the ASSOCIatIOn or ACC m wntmg wlthm a penod of fifteen (15) days after the
complamt IS made and, further, should the partIes not agree on property mamtenance or
other matters complamed of, the matter shall be submItted to arbItratIOn. The arbItratIOn
shall be bmdmg upon the partIes. If the partIes cannot agree upon an arbItrator, each party
shall choose one arbItrator and they, m turn, shall choose a thIrd. The arbItratIOn shall be
conducted m accordance wIth the rules of arbItratIOn under the laws of the State of
WashIngton m eXIstence at the tIme of any such arbItratIOn.
7 Costs and Attorneys Fees. In the event of legal actIOn, the prevailIng
party shall be entItled to recover actual costs and attorney fees. For the purposes of thIS
declaratIOn "legal actIOn" shall mclude arbItratIOn, law SUIt, tnal, appeals, and any actIOn,
negotIatIOns, demands, counselIng or otherwIse where the prevaIlmg party has hIred an
attorney It IS the mtent of thIS provlSlon to reImburse the prevaIlmg party for all reasonable
attorney fees and actual costs mcurred m defendmg or enforcmg the provlSlons of thIS
DeclaratIOn, or the owner's nghts hereunder
8 FaIlure to Enforce. No delay or omISSIOn on the part of the
Declarants or the Owners of other Lots m exerclsmg any nghts, power, or remedy provIded
m thIS DeclaratIOn shall be construed as a WaIver or acqUIescence m any breach of the
covenants, condItIons, reservatIOns, or restnctIOns set forth m the DeclaratIOn. No actIOn
shall be brought or mamtamed by anyone whatsoever agamst the Declarants for or on
account of ItS faIlure to bnng any actIOn for any breach of these covenants, condItIOns,
reservatIOns, or restnctIons, or for Imposmg restnctIOns WhICh may be unenforceable
9 SeverabIlIty InvalIdatIOn of anyone of these covenants or
restnctIOns by Judgment or court order shall not affect any other provlSlons WhICh shall
remam m full force and effect.
10 InterpretatIon. In mterpretmg thIS DeclaratIOn, the term "person" may
mclude natural persons, partnershIps, corporatIOns, AssocIatIOns, and personal
representatIves The smgular may also mclude the plural and the masculme may mclude the
femmme, or VIse versa, where the context so admIts or reqUIres. ThIS DeclaratIOn shall be
liberally construed m favor of the party seekmg to enforce ItS prOVIsIOns to effectuate the
purpose of protectmg and enhancmg the value, marketabIlIty, and desIrabIlIty of the
PropertIes by provldmg a common plan for the development Canal Estates.
DECLARATION OF PROTECTIVE
COVENAt~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
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11 Term. ThIS DeclaratIOn shall be effectIve for an InItIal term of 30
years, and thereafter by automatIc extensIOn for succeSSIve pen ods of 10 years each, unless
termmated, at the eXpIratIOn of the mltIal term or any succeedmg 10 year term by a
termmatIOn agreement executed by the then owners of not less than 75% of the lots then
subject to tills DeclaratIOn. Any termmatIOn agreement must be m wntmg, sIgned by the
approvmg owners, and must be recorded wIth the County AudItor
12 PerpetUItIes In the event that any provIsIOn of thIS DeclaratIOn vIOlates
the rule agamst perpetuItIes, such provIsIOn shall be construed as bemg vOId and of no effect
as of twenty-one (21) years after the death of the last survlvmg mcorporator of the
ASSOCIatIOn, or twenty-one (21 ) years after the death of the last survIvor of all of the saId
mcorporators' cillldren and grandchIldren who shall be lIvmg at the tIme thIS mstrument IS
executed, whIchever IS later
13 Method of NotIce Any notIce reqUIred by the DeclaratIOn or the
ArtIcles or Bylaws of the ASSOCIatIOn or the rules and regulatIOns adopted by the
AssocIatIOn shall be deemed properly gIVen when personally delIvered, deposIted m the
Umted States mall, postage prepald, or when transmItted by facsImIle.
14 Successors and ASSIgns. Tills DeclaratIOn bmds and IS for the benefit of
the heIrs, successors and assIgns of Declarant, the Declarant, the Members and the Owners.
ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION
SectIOn One. ExclusIve Method. ThIS mstrument may be amended, and partIally or
completely revoked only as herem provIded or otherwIse provIded by law
SectIOn Two. Amendment bv Declarant. Notwlthstandmg any other provIsIOn of
thIS DeclaratIOn, thIS DeclaratIOn can be amended at any tIme by the Declarant pnor to the
tIme that 75% of the lots have been sold to others than Declarant bUIlders That all lot
owners agree to be bound by such amendment or amendments as made by the Declarant
pursuant to thIS provIsIOn. Thereafter thIS DeclaratIOn can be amended only as provIded for
m thIS DeclaratIOn.
SectIOn Three. Pnor Approval by FHAIHUD Regardless of whether or not 75% of
the lots have been sold to others than Declarant bUIlders, m the event any loan wIth respect
to any lot or bUIldmg constructed thereon IS msured through eIther the Federal Housmg
AdmInIstratIOn or the Department of Veterans AffaIrs or any programs sponsored by eIther
DECLARATION OF PROTECTIVE
COVENA1'lTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
I \DATA \D\BHD\t\1\Randles\CC&R's
Page # 32
1111111111111111111111
1'lllJ $4~ NN
3346163
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Thurston Co. WA
such agency, then the msunng agency must gIve wntten approval before any of the
followmg actIOns can be approved by eIther the Declarant or the lot owners
a) AnnexatIOn of addItIOnal propertIes
b) DedIcatIOn of any propertIes
c) Amendment to tills declaratIOn
SectIOn Four Votmg, Tills DeclaratIOn may be amended at any annual meetmg of
the AssocIatIOn, or at a specIal meetmg called for such purpose, If sIxty.,seven percent (67%)
or more of the Owners vote for such amendment, or wIthout such meetmg If all Owners are
notIfied m wntmg of such amendment, and If sIxty-seven percent (67%) or more of the
Owners vote for such amendment by wntten ballot. NotIce of any proposed amendment
shall be gIven to all Owners not less than ten (10) days pnor to the date of the annual
meetmg or of any specIal meetmg at willch the proposed amendment shall be consIdered.
Notwlthstandmg any of the foregomg, fifty-one percent (51%) of all mstItutIonal FIrst
Mortgagees who have requested notIficatIOn of amendments must gIVe pnor wntten
approval to any matenal amendment to the DeclaratIOn or Bylaws, mcludmg any of the
followmg:
1 V otmg nghts,
2. Assessments, assessment lIens and subordmatIOn of such lIens,
3 Reserves for mamtenance, repalr and replacement of Common Areas,
4 Insurance or fidelIty bonds,
5 ResponsibilIty for mamtenance and repalr;
6 ContractIOn of the project or the wIthdrawal of property from the
PropertIes,
7 The boundanes of any Lot;
8 Leasmg ofHousmg Umts other than as set forth herem,
9 ImposItIOn of any restnctIOns on the nght of an Owner to sell or
transfer hIS or her Lot;
DECLARATION OF PROTECTIVE
COVENAJ'\TTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
L\DA T A \D\BHD\M\Randles\CC&R's
Page # 33
IIIIIIIIIIIII\IH 1\111
I~IILJ $4.< flfl
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Thurston Co, WA
10 Any decIsIOn by the AssOcIatIOn to establIsh self-management when
professIOnal management had been reqUIred prevIOusly by an
InstItutIOnal FIrst Mortgagee,
11 RestoratIOn or repalr (after hazard damage or partIal condemnatIOn) m
a manner other than that specIfied m thIS DeclaratIOn.
12 Any actIOn to termmate the legal status of the PropertIes after
substantIal destructIOn or condemnatIOn occurs, or
13 Any prOVISIons WhIch are for the express benefit of InstItutIOnal FIrst
Mortgagees.
SectIOn FIve. EffectIve Date. Amendments shall take effect only upon recordmg
WIth the Thurston County AudItor of the county m WhICh thIS DeclaratIOn IS
recorded.
SectIOn SIX. ProtectIOn of Declarant. For such tIme as Declarant shall own Lots
located m the PropertIes there shall be no amendments to the DeclaratIOn, the ArtIcles of
IncorporatIOn, the Bylaws of the AssocIatIOn, or any Rules and RegulatIOns adopted by the
AssocIatIOn WhICh.
1 Dlscnmmate or tend to dlscnmmate agamst the Declarant's nghts.
2 Change ArtIcle One ("DefimtIOns") m a manner whIch alters the
Declarants nght or status
3 Alter the character and nghts of membershIp or the nghts of the
Declarant as set forth m thIS DeclaratIOn.
4 Alter ItS nghts as set forth m thIS DeclaratIOn as relatmg to
archItectural controls.
5 Alter the baSIS for assessments, or the Declarant's exemptIOn from
assessments.
6 Alter the number or selectIOn of DIrectors as establIshed m the
Bylaws.
DECLARATION OF PROTECTIVE
COVENAi~TS, CONDITIONS,
EASEMENTS & RESTRICTIONS
L\DA T A \D\BHD\i\1\Randles\CC&R's
Page # 34
11111111111111111111 II
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P~ge 35 of j8
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7 Alter the Declarant's nghts as they appear under tills ArtIcle
SectIOn Seven. NotIce. Any notIce reqUIred hereunder shall be
deemed effectIve when personally delIvered or three days after mallmg by
certIfied and regular mall to the owner of publIc record at the tIme of such
mallmg to such owner's address as It appears on the Thurston 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 reqUIred 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
mvestlgatIOn outsIde of ItS own records mto the name or locatIOn of any
lender or lIenholder
IN WITNESS WHEREOF, the undersIgned have caused thIS DeclaratIOn to be
executed tills ~ day oft1.p^J ,2001
Randles Family LLC, a Washington
I ited Liability Company
, Managmg Member
STATE OF WASHINGTON )
) 55.
COUNTY OF "I-hJ/(5TON )
On this G,.,.tl-- day of C AJU Li , 2001 before me, the undersIgned, a
Notary PublIc m and for the State ofW~ duly conumssioned and sworn, personally appeared
, to me known to be a managmg member of Randles Family, LLC, a
Washmgton LimIted LiabilIty Company that executed the foregomg instrument, and acknowledged
the said mstrument to be the free and voluntary act and deed of the limited liabihty company, for the
uses and purposes therem mentioned, and on oath stated that they are authorized to execute the said
mstrument.
WITNESS my hand and offiCial seal h
"'i. "
0''- .'^"-__ .~.~/t.--/":,__..i
/\1 NOTARY PUBUC
ii STATE OFWASHIi>-lGTON
~ JJlJr:l'iiA .n. 1Rl~ii'8lDir,;,!:j
~~~~~~~~~~~r~-:~~.:~~:;~~"
DECLARATION OF PROTECTIVE
COVENAl'iTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
L\DA T A \D\BHD\M\Randles\CC&.R's
Page # 35
1111111111111111111111
1~lllJ !4 ~ NN
3346163
P",ge 38 of 38
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Thurston COI WA
Please print neatly or type information
Document Title(s):
BILL OF SALE - SEWER
Reference Numbers(s) of related documents
Additional Reference #'s on page
Grantor(s): (Last, First, Middle ImtJal)
RANDLES FAMILY LLC
WILLIAM R. COWLES
MARGO S. COWLES
Additional grantors on page
Additional grantors on page
Grantee(s):
YELM, CITY OF
Additional grantees on page
Legal Description: (In abbrevIated form lot block, plat name, section-townshIp-range)
PORTION OF THE NE 1/4 OF THE SW 1/4. SEe. 18. TWP. 17N. RGE. 2E. W.M.
Additional legal is on page
Assessor's Property Tax Parcel Account Number(s):
22718310300
Additional parcel #"s on page
The Auditor/Recorder will reh on the information provided. on this form. The staff will not read the document to verifv the accuracy or
completeness of the indexing information provided herein.
11111I1111111111111111
~1T ~I' tl t:l Nt:l
3346158
P<1ge 1 of 3
84/D,'2GG1 1G 57A
Thurstan Ca. WA
BILL-OF-SALE SEWER
ThIS B ill of Sale IS made and executed thIS (O-fi'- day of ~ I~ , by and between
William R. and Margo S. Cowles, owners; and Randles Family LU , Contract Purchaser, heremafter
called the "Grantors" and the CITY OF YELM, a MunicIpal 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 following described personal
property situated in'Thurston County, State of Washington, TO WIT
All samtary sewers together with force mam valves and boxes, cleanouts, pIping and all other
appUlienances as extended from the eXIShng facilIties located m Rhoton Road at the intersection
wIth View Dnve and runnmg northerly m Rhoton Road 638-feet, more or less thence westerly and
northerly wIthm the dedicated nghts-of-way WIthin the plat of Canal Estates, thence runnmg
westerly m the Canal Road right-of-way form ItS mtersectIon WIth the dedIcated nght-of-way of
the plat of Canal Estates 158-feet, more or less.
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 clarm thereto.
Dated atrlm, Washington this r day of ~
,20~
/
4i~~~
~~WI'~ ~
Page I (
1111111111111111111111
HTql~ ~lN NN
3346158
p ag~ 2 of J
~4 '1J/2~~1 l~ 57A
Thurstun Cu, WA
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me, 'Villiam R. and Margo S
Cowles, husband and wife known to be the mdlVlduals described, and who executed the
foregomg mstrument and acknowledge that they sIgned the same as therr free and voluntary act
and deed for the uses and purposes therem mentlOned.
GlVen under my hand and offiCIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSIon expIres
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me, \):,\JS\cI) 'Rc,.,c\ ~0
~'(\(\C~~\l\j ?(\..\i-<r Qc.,(\\Jo LLC known to be the mdlVldual(s) described, and who executed the
foregoing mstru~ent and acknowledge that~~he, they )sIgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentlOned.
GIven under my hand and offiCIal seal thls l\ ~ day of A p( \ \ , 200 L
~
NOTARY PUBUC
STATE OF WASHINGTON
JAt3NA J. RENOOIM
My appointment expires Aug. 19. 2002
...- '"V ..:..... y...........
My commISSlOn expIres a.J~ "1 ZfXJ2-
System accepted by the CIty of Yelm thIS _ day of
,20_
CITY OF YELM
~
~
I .:-::--. _
By , \ ,-y~ e \T'>
1:. .(1iiicL' ~r<}.l)n-I)I)O n()-(),71J/H)3~ 80S SL'\\L'fdol'
Page 2
II "" 1111 1111 " 1111 II
Mr~i' t11i1 IilIiI
3346158
Page 3 of 3
S4, '13/2SS1 1S 57A
Thurstorl Co. WA
Please print neatly or type information
Document Title(s):
WARRANTY AGREEMENT
Reference Numbers(s) of related documents
Additional Reference #'s on page
Grantor(s): (Last, First, MIddle ImtIal)
RANDLES FAMILY LLC
Additional grantors on page
Additional grantors on page
Grantee(s):
YELM, CITY OF
Additional grantees on page
Legal Description: (In abbreviated form lot: block, plat name, sectIOn-township-range)
PORTION OF THE NE 1/4 OF THE SW 1/4, SEe. 18. TWP. 17N. RGE. 2E. W.M.
Additional legal is on page
Assessor's Property Tax Parcel Account Number(s):
22718310300
....dditional parcel #'s on page
The ....uditor/Recorder will relv on the information provided on this form. The staff will not read the document to verify the accuracv or
completeness of the indexing information provided herein.
1111111111111111111111
HI~R ~1 N NN
3346159
P<1ge 1 elf 3
e4,'13,'2Sel 11 S2A
Thurston Co, WA
W ARRA1~TY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS. That
WHEREAS Randles Family, LLC, (hereinafter referred to as the "Owner"), has apphed to the
City ofYelm, a political subdivision of Thurston County of the State of Washington, (heremafter referred
to as the "City") for the approval by the City of a certam plat of a subdIvision to be known as Canal
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 public use as streets, alleys and other nghts of
way, and other pubhc facilities and improvements, and
WHEREAS, it is necessary m the interest of public welfare that the areas so offered to be
dedicated be constructed in accordance with the specIfications heremafter set forth, and
WHEREAS, in accordance with the tenns 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 public streets, easements and other 1ll1provements, 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 of twelve
(12) months from the date offmal plat approval, the improvements 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 with the requirements and specifications of the Development GuidelInes of the City Upon
any breach of the foregoing Warranty and without lImiting the City's remedies for breach of warranty,
the Owner 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 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 completIOn of
such constructIOn, the fmal total cost to the CIty thereof, mc1uding but not limIted to, engmeenng, legal
and contmgent costs together With any damages, either direct or consequential, which the City may
sustam on account of the failure of the Owner to carry out and execute all of the provlSlons of thiS
agreement.
3 The oblIgations Imposed or 1ll1plIed by thiS agreement shall not be aSSigned, transferred or assumed bv
any person or entity that is not a party to thiS agreement Without pnor wntten consent of the City
Page I of I
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u-t'
~TNESS WHEREOF, THE GWNER has executed thIS agreement this ~ day of
p rl \ ,2001
~CLv\JJ'€~ ~"'.i Iy L-t.c
Owner
NOTARY SEAL
MISSING
B6:;%fO
CITY OF YELM
\~\
By. \_ >y,-,,~ \ E \"ev'S '."_
Page 2 of 1
E.\oflicevOBS\2000\OO-OJ7\OO-OJ 7 Warranlty ....greement.doc
" "" "" "" " '"111
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Please print neatly or type mformation
Document Title(s):
BILL OF SALE. WATERMAlN
Reference Numbers(s) of related documents
Additional Reference #'s on page
Grantor(s): (Last, First, Middle ImtIal)
RANDLES FAMILY LLC
WILLIAM R. COWLES
MARGO S. COWLES
Additional grantors on page
Additional grantors on page
Grantee(s):
YELM, CITY OF
Additional grantees on page
Legal Description: (In abbrevIated form lot, block, plat name, sectIon-townshIp-range)
PORTION OF THE NE 1/4 OF THE SW 1/4. SEe. 18. TWP. 17N. RGE. 2E. W.M.
AddiIionallegal is on page
Assessor's Property Tax Parcel Account Number(s):
22718310300
i\dditional parcel #"s on page
The i\udiIor!Recorder will rely on the information provided on thIs form. The staff will not read the document to verify the accuracv or
completeness of the indexing informatIOn provided hereIn.
1111111111111111111111
MI~r tlti1 tiIti1
3346161
P i'ige 1 of 3
84 'IJ(~881 11 84A
ThlJr<;t.t"ln Co. WA
BILL-OF -SALE W ATERLVlAIN
ThIS Bill ofSa1e IS made and executed this{.,~ day of ~ I 'DO f , by and between
William R. and Margo S. Cowles, owners, and Randles Family L C, Contract Purchaser, herelllafter
called the "Grantors" and the CITY OF YELM, a MumcIpal Corporahon, herelllafter 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 followlllg described property
situated III Thurston County, State ofWashmgton, TO WIT
All water malllS together wIth valves, valve boxes, hydrants, pIpmg, fittmgs, and all other
appurtenances as extended from the eXIstmg facihtIes III Rhoton Road at the mtersechon wIth
View Dnve and runllIng northerly m the Rhoton Road right-of-way, I,OOO-feet, more or less to
Canal Road, thence westerly III the Canal Road nght-of-way 635-feet, more or less.
ALSO, as extended wIthm the dedIcated rights-of-way m the plat of Canal 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 makmg clarm thereto
Dated at Yelm, Washlllgton thIS fa 'fL-- day of ~
,20~
~) 0n~
~
Page
1111111111111111111111
Mr~i' ~lN NN
3346161
Page 2 of 3
84/13/2881 11 84R
Thw'stcln Co. WA
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIs day and year above personally appeared before me 'William R. and Margo S.
Cowles, husband and wife !mown to be the mdlVlduals described, and who executed the
foregomg mstrument and ac!mowledge that they sIgned the same as therr free and voluntary act
and deed for the uses and purposes therem mentIOned.
GIven under my hand and offiCIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My commISSIon expIres
STATE OF WASHINGTON)
) ss
C01JNTY OF )
On thIS day and year above personally appeared before me, \:)::,\AC;7}CI<) \).C.'V"C\ G.D
~CI<;ji.~ ~(lr\1u.- ()( ~,""\(\I..M LlL !mown to ~he mdIvIdual(s) described, and who executed the
foregomg mstrument and ac!mowledge that € she, they )sIgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentIOned.
GIVen under my hand and offiCIal seal thIS 4~ day of A P{ l \ ,200-1-
NOTARY PUBUC
STATE OF WASHINGTON
JANNA J. REINlOON
My appointment expires Aug. 19, 2002
My commISSIOn expIres tlJ"9 .10, ,:Jr;tiJ
System accepted by the CIty of Yelm this _ day of
,20_
CITY OF YELM
~
By" \ \",,^' ~~~
E ouicc f;f() OO-r1n()()nJ)::~on-o::~ 80S sc'.\cr Jnc
Page 2 of
" "" , "' """ " " "
HI~i' $lN NN
3346161
P"ge 3 Cd' 3
&4/13,'2&&1 11 &,
Thurston Co, WA
Return Address
City of Yelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 Plat CertIficate
2.
3
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1 Cowles, WillIam R.
2. Cowles, Margo S
3 ~J.nt;j cS1cdt;;
Grantee(s) (Last name, first name, middle initial)
1 PublIc
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
NE 1/4 of the SW 1/4 of SectIOn 18, TownshIp 17 N, Range 2 East
o AddItIOnal legal IS on page _ of document
Assessor's Property Tax Parcel/Account Number
22718310300
" "" I 11111I111111 III
["/I.... .+4... r.....
3346162
P <1gE' 1 of 7
&4,.'13..'2&&1 11 &6A
"'1. _1 .. .... 111'\
CHICAGO TITLE INSURANCE COMPANY
3315 PACIFICAVESE#D-lB, OLYMPIA, WA 98501
SECOND
PLAT CERTIFICATE
Order No.. 2005988
. ~ -
-
CertIficate for Filing Proposed Plat:
In the matter of the plat submItted for our approval, thIS Company has examrned the records of the
County AudItor and County Clerk of THURSTON County, Washlllgton, and the records of the Clerk of the
Umted States Courts holdrng terms III saId County, and from such exanllnatlOn hereby certIfies that the tItle to
the following described land SItuate III said THURSTON County, to-WIt:
SEE SCHEDULE A (NEXT PAGE)
VESTED IN
WILLIAM R COWLES AND MARGO S COWLES, HUSBAND AND WIFE
EXCEPTIONS.
SEE SCHEDULE B ATTACHED
CHARGE. $200 00
TAX. $16 00
Records exarmned to MARCH 27, 2001
at 8 00 AM
By
"
. ,,/' (/ !--I-
)'1 ':' /Ir: , I', Ii,;f {iI 1,,1 pv iL .~ V'-
i/ ~.~ 1...,,{.t:____' ~- 1/ .....'-.--
/
MARK A KARJALAHTI
Title Officer
(360)456-7878
11111111" """ 111111
Pi' $1 4 NN
3346162
P,;,gi? 2 of 7
S4:1~,/2S81 11 86A
Thurston Co, WA
CHICAGO TITLE INSURANCE COMPANY
PLAT CERTIFICATE
SCHEDULE A
(Continued)
Order No.. 2005988
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18,
TOWNSHIP 17 NORTH, RANGE 2 EAST, W M , DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST
QUARTERi THENCE NORTHERLY 471 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID
SECTION, TO THE SOUTHERLY BOUNDARY OF COUNTY ROAD KNOWN AS CANAL ROAD (FORMERLY
KNOWN AS CRYSTAL SPRINGS ROAD); THENCE WESTERLY ALONG SAID SOUTHERLY BOUNDARY 683
FEET TO THE EAST PROPERTY LINE OF THURSTON COUNTY ASSESSOR PARCEL NUMBER
22718310200; THENCE SOUTH 050 29' 38" EAST, 536 52 FEET ALONG SAID EAST PROPERTY
LINE EXTENDED TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER; THENCE EASTERLY ALONG SAID SOUTH LINE 576 67 FEET TO THE POINT
OF BEGINNING EXCEPTING THEREFROM THE EAST 20 FEET FOR ROAD
IN THURSTON COUNTY, WASHINGTON
11111I1111111111". IIIL IJ
3346162
Page 3 of 7
&4, '13/2&&1 11 &6R
Thurston COI WR
CHICAGO TITLE INSURANCE COMPANY
PlAT CERTIFICATE
SCHEDULE B
Order No.. 2005988
Tills certIficate does not msure against loss or damage by reason of the followmg exceptions:
GENERAL EXCEPTIONS.
A. Defects, hens, encumbrances, adverse chums or other matters, If any, created, first appearmg m the pubhc records
or attacillng subsequent to the effectIve date hereof but pnor to the date the proposed msured acqurres for
value of record the estate or mterest or mortgage thereon covered by this CommItment.
B RIghts or claims of parties m posseSSIOn not shown by the public records.
C. Encroachments, overlaps, boundary lme dIsputes, and any other matters whIch would be disclosed by an
accurate survey and mspectIOn of the premIses.
D Easements or claims of easements not shown by the pubhc records.
E. Any hen, or nght to lien, for contributIOns to employee benefit funds, or for state workers' compensatIOn, or
for serVIces, labor, or matenal heretofore or hereafter furmshed, all as imposed by law, and not shown by
the public records.
F LIens under the Workmen's Compensation Act not shown by the public records.
G Any serVIce, mstallatIOn, connectIOn, mamtenance or constructIOn charges for sewer, water, electncIty
or garbage removal.
H. General taxes not now payable; matters relatmg to specIal assessments and specIal levIes, If any, precedmg or m
the same becommg a hen.
1. Reservations or exceptions m patents or m Acts authonzmg the Issuance thereof;
Indian tribal codes or regulations, Indian treaty or abongmal nghts, mcludmg easements or eqUltable serVItudes.
J Water nghts, claims, or title to water
K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY
OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00)
11111I1111111111111111
PC $14 ~~
3346162
P <1gl? 4 of '7
&4, '13/2&&1 11 &6A
Thurston Co' WA
CHICAGO TITLE INSURANCE COMPANY
PLAT CERTIFICATE
SCHEDULE B
(Contmued)
Order No.. 2005988
""''''
- .........--
....~
-
-
EXCEPTIONS
s 1 GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES)
YEAR
TAX ACCOUNT NUMBER
LEVY CODE
ASSESSED VALUE-LAND
ASSESSED VALUE-IMPROVEMENTS
2001
22718310300
182
$ 46,200 00
$ 00
GENERAL & SPECIAL TAXES
BILLED
PAID
UNPAID
$ 643 50
$ 00
$ 643 50
B AFFECTS PORTION OF SAID PREMISES
G 2 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR
WILLIAM R COWLES AND MARGO S COWLES,
HUSBAND AND WIFE
THURSTON COUNTY TITLE COMPANY
GEORGE COWLES AND MARY COWLES, TRUSTEES
OF THE GEORGE AND MARY COWLES LIVING
TRUST
$ 80,000 00
FEBRUARY 1, 1995
FEBRUARY 15, 1995
9502150047
(N/A)
TRUSTEE
BENEFICIARY
AMOUNT
DATED
RECORDED
RECORDING NUMBER
LOAN NUMBER
THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE
SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER
OF THE INDEBTEDNESS SECURED
M AFFECTS PORTION OF SAID PREMISES
H 3 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR
WILLIAM R COWLES AND MARGO S COWLES,
,HW
BERNARD L PEREZ, ATTORNEY-AT-LAW
PRAIRIE ELECTRIC COMPANY & ASSOCIATES,
LTD, A WASHINGTON CORPORATION
TRUSTEE
BENEFICIARY
11/1/111" """ 1/ " /I
Pi' $14 flt:l
3346162
P <ige 5 of 7
84, '13,2881 11 86A
Thurston Co, WA
CHICAGO TITLE INSURANCE COMPANY
PLAT CERTIFICATE
SCHEDULE B
(Contmued)
Order No 2005988
AMOUNT
DATED
RECORDED
RECORDING NUMBER
LOAN NUMBER
$ 25,000 00
JANUARY 27, 1999
FEBRUARY 5, 1999
3208916
(N/A)
THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE
SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER
OF THE INDEBTEDNESS SECURED
N AFFECTS PORTION OF SAID PREMISES
c 4 CONTRACT OF SALE AND THE TERMS AND CONDITIONS THEREOF
SELLER
WILLIAM R COWLES AND MARGO S COWLES,
HUSBAND AND WIFE
DOUGLAS A RANDLES AND KERRI L
RANDLES, HUSBAND AND WIFE
MAY 31, 2000
JUNE 28, 2000
3300585 A RE-RECORDING OF 3295813
279515 AND 280318
PURCHASER
DATED
RECORDED
RECORDING NUMBER
EXCISE TAX NUMBER
D AFFECTS PORTION OF SAID PREMISES
E THE PURCHASER'S INTEREST IN THE ABOVE CONTRACT IS NOW HELD OF RECORD BY
RANDLES FAMILY LLC, A WASHINGTON LIMITED LIABILITY COMPANY PURSUANT TO
INSTRUMENT RECORDED AUGUST 18, 2000 UNDER AUDITOR'S FILE NO 3308703
F 5 MATTERS RELATING TO SURVEY RECORDED UNDER AUDITOR'S FILE NO 8409280006,
AS FOLLOWS
QUESTIONS RELATING TO THE FENCE LOCATED ON THE WEST LINE OF SAID
PREMISES
I 6 EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF
WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GASES,
COAL, ORES, MINERALS, FOSSILS, ETC , AND THE RIGHT OF ENTRY FOR OPENING,
DEVELOPING AND WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHALL NOT
BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL
DAMAGES SUSTAINED BY REASON OF SUCH ENTRY, RECORDED UNDER RECORDING
NUMBER 584567
J RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF
COMPENSATION THEREFOR, TO ACQUIRE RIGHTS OF WAY FOR PRIVATE RAILROADS,
SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR
11111I1111 III lit III1)J
3346162
P <1ge 8 of ?
S4,'13,2&&1 11 S8A
Thurston Co, WR
CHICAGO TITLE INSURANCE COMPANY
PLAT CERTIFICATE
SCHEDULE B
(Contmued)
Order No.. 2005988
TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM
THIS AND OTHER PROPERTY, AS RESERVED IN DEED REFERRED TO ABOVE
K 7 TERMS, CONDITIONS AND PROVISIONS CONTAINED IN CITY OF YELM ORDINANCE NO
648 IN REGARDS TO ANNEXATION OF SAID PREMISES AND OTHER LANDS, AS
RECORDED AUGUST 10, 1999 UNDER AUDITOR'S FILE NO 3248093
L 8 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF
BETWEEN
AND
RECORDED
RECORDING NUMBER
REGARDING
WILLIAM COWLES
YELM COMMUNITY SCHOOLS DISTRICT NO 2
AUGUST 20, 1999
3250357
MITIGATION AGREEMENT
END OF SCHEDULE B
p
MK/MK
11111I1111 III lit II .Il II
3346162
p "'ge 7 of 7
84/13/2881 11 86A
Thurston COI WA
..
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PLAT ~ 33Lfbl87 '/~
PLATOF CANAL ESTATES
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18/ TOWNSHIP 17 NORTH/ RANGE 2 EAST/ W.M.
CITY OF YELM/ THURSTON COUNTY/ WASHINGTON
KNOW ALL pfOPLE 8Y THESe: PReSENTS 7'riA T MlLIAM R. COI',I.ES AND MARGO S CO "'lES. ~US8ANC >.NO
'MFE /fiE UNc.ERSICNED OWNERS IN FE[ SIMPLE OF THE LAND HERE8Y PLA mo. GEOR~E C:l\\tES ANi)
MARY CO\\1.ES. TRUSTEES 0< THE GEORGE AND MARY CCIltES UVlNG TRUST AND PRAIRIE ELECTRIC
COMPAN~ AND ASSOCIATES L TO.. A WASHINGTON CORPORA T10N THE MORTGAGEES THEllEOF AND RANDLES
FAMI!. Y L.LC.. A WASHINGTON UMITED lIA81L1TY COMPANY THE CONTRACT PURCHASER HERE8Y DECLARE
THIS PLA T AND OeOICA TE TO THE USE OF THE PUBLIC FOREvrR ALL STREns. A VE:NUES. PLACES. SEM:R
EASEMENTS. ETC. OR ~"A TEvrR PUBLIC PRoPE::RTY THERE IS $HOIIN ON THE PLA T AND THE USE THEREOF
FOR PU811C HIGHWAY PURPOSES. ALSO. ]'}jE:: RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS OR FlLLS
UPON LOTS AND iRACTS SHDIIN HEREON IN ]'}jE REASONABLE: ORIGINAL GRADING OF ALL STREETS.
AvrNUE::S. DRIVE:S. ETC. SHOfIN HEREON. ALSO. THE RIGHT TO DRAIN ALL STREETS OVER AND ACROSS ANY
LOT DR LOTS \+HERE WA TER WGHT TAKE A NA TiJRAl. CWRSE AFTER THE smEET OR STREETS ARE GRADED.
ALSO, ALL CLAIMS FOR DAMAGE AGAINST ANY GOVERNMENTAL AUTHORITY ARE HEREBY WAIVED WHICH MAY
8E OCCASIONED TO THE AOJACENT LAND 8Y THE ESTASLlSHED CONSTRUCTION. DRAINAGE. AND
MAINTENANCE:: OF SAID ROADS. C PLANNER
IN 'MTA/ESS WHEREOF IVf: SET OUR HANDS AND SEALS THIS L DAY OF C2r'-^. J ZDQL ~ ITY d A.", ( I
/1 ~ ~ EXAMINEC .ND APPROVED THIS ~ DAY OF ~. ZDt:L-
#~ {tf-/~ ~6-0/ (7~ ~" ~!)If':5-,p/
'M~LlAM<Ihf C E::S (DATE) GEORG COIltES . (DATE) . (}J~ fQA./~
'1 :/ \ Cv.-~\~ Lf- ')--0 I ~~~ y~~/l CITY PLANNER
MARGO S. OWlES {DA rr) ~ M CO .ES . (DA TE) </- yttJ/
~
(I I'-- - ~ lf~l.{.{)1
\J - (DA TE)
(NAME &. T1Tli')Oat~lld) 'R....nJk5 rn"'J :Vrh,r
0< RANDLES FAMILY. .LC
DESCRIPTION
DEDICA TION
friAr ?ORnON OF THE NORTHEAST OUAR1FR OF THE SOUTHlNeS"" OUART~R Of SECTION '8,
TOWNS~IP 17 NORTH. RANGE 2 EAST. W.M.. OESCRI8ED AS FOLLOWS.
9EGlNNING A T THE SOUTHEAST CORNER OF SAID NORTHEAST OUARTE., OF THE SOUTHM:ST
OUARTER; THENCE NORTH 471 F::ET AI.DNG THE NORTH-SOUTH CENTERLINE OF SAID SEcnON. TO
THE SOUTHEilL Y BOUNDARY OF COUNTY ROAD KNOfIN AS CANAL ROAD (FORMERLY ~NOWN AS
CRYSTAL SPRINGS ROAD): THEN a: I+E:STERLY ALONG SAIO SOUTHERLY 80UNOARY 60J FEET TO
THE EAST PROP::RTY LINE OF THURSTON COUNTY ASSESSOR PARCEL NUMBER 2271BJ1D200;
TriENCE SO'~TH OS"29'Ja" EAST. 5J6.52 FEET ALONG SAID EAST PROPERTY LINE EXTENDED TO A
POINT ON rriE SOUTH LINE OF SAID NORTHEAST OUARTER OF THE SOUTHIVf:ST QUARTER; THENCE
EASTE.~L Y ALONG SAIO SOUTH LINE 576.67 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM. THE EAST 20 FEU FOR ROAD.
IN THURSTON COUNTY, WASHINGTON.
EASEMENT PROVISIONS
OWNER GRANTS TO THE CITY OF tELM. iTS SUCCESSORS ANO ASSIGNS. AN EASEMENT OVER.
UNDER AND ACROSS THE ABO~ DESCRIBED PROPERTY FOR THE PURPOSES OF CONSTRUCTING.
MAINTAINING. REPAIRING, ALTERING OR RECONSTRiJCTlNG A SANITARY SEIVf:R COLLECTION SYSTEM.
rrlE SYSTEM SHALL CONSIST OF GRAVITY CLEAN-OUT. SIDE SEWER FROM THE SEPnc TANK TO THE
GRAVITY CLEAN-OUT. SEPTIC TANK. PUMPING SYSTEM. ElECTRICAl. CONDUIT AND CASI.E. CONTROL
PANEL. FORCE MAIN, SERVICE flOX AND RELATED APPURTENANCES. THE CITY OF YELM 'MLl BE
RESPONSIBLE TO PUMP THE SEPTIC TANK MiEN REOUIRED. THE OWNER \+ILl. BEAR THE COST OF
THE ELECTRICiTY ANO REPLACE ANY EXISTING SIDE SEM:R FROM THE TANK IF FOUND DEFECn~.
THIS EASEMENT IS FOR THE BENEFlT Of' ALL PROPERTIES NOW OR HEREAFTER SERVED 8Y THE
SANITARY SEWER SYSTEM OF THE CITY THE CITY OF YELM AND THE OWER CONCUR AND AGREE
THAT ;ONSTRUCTlNG. REPAIRING. AL TERINO DR RECONSTRUCTING OF SAIO SEM:R IMPROVEMENTS SY
THE CITY or YELM SHALL BE ACCOMPLISHED IN SUCH A MANNER THA T THE PRrVA TE
IMPROVEMENTS EXISTING ON THIS OESCRI8ED PARCEt OF REAL PROPERTY SHALl. BE DISTiJRBEO TO
THE LEAST EXTENT POSS/SLE. IN THE EVENT THEY ARE DISTiJRBED OR DEsmOYED. TO THE EXTENT
REASONABL Y POSSIBLE. THEY \+ILl BE REPLACED IN AS 0000 AS THEY Wi:RE IMMEOIA TEL Y BEFORE
THE PROPERTY WAS ENTERED UPON BY THE CITY OF Y.LM. TH. CiTY OF YELM AND THE OfINEil
AGREE THAT THE OWNER SHALL UNDERTAKE NO AtTERAnON OF THE INSTAllED SEWi:R SysTEMS.
INCLUDING COVE:RING OR OSSTRUCnNG ACCESS TO THE PUMP 8AsIN CLEAN-OUTS AND THE
LOCK-OUT SWITCH, WITHOUT THE PRIOR 'MlITTEN APPROVAL OF THE CITY OF YEW. ANY DAMAGE
CAUSED BY THE O'MVER OR THEIR AGENTS SHALL BE REPAIRED BY THE CITY OF YEW AT THE
OWNER'S .XPENSE. O'MVER AGREES AND UNDERSTANDS THA T THIS EASEMENT WILL Sf: RECORDED
'MTH THE CWNTY AUDITOR AN WILL BE BINDING UPON HEIRS. SUCCESSORS ANO ASSIGNS OF
OWNER OWNER AND CITY AGRE. THAT THE OWNER HAS INCiJRRED NO DISPLACEMENT COSTS OR
RELOCA nON COSTS BY VlRTiJE OF THE AGREEMENT. THE Clry AGREES TO FURNISH. INSTALL,
OPERATE ANO MAINTAIN THE PUMP SYSTEM IN A REASONABLE CONOInON AND TO DO THE WORK IN
A WORKMANLIKE MANNER. PRDMPTl Y. NEA Tl Y AND IIlTH AS LITTLE INTERF'U1ENCE TO THE REAL
PROPERTY AN IMPROVEMENTS THEREON BY OWNER AS REASONA8L Y PRACTICABLE. OWNERSHIP OF
THE STEP SYSTEM ON THE D.SCRISED PARCEL OF REAL PROPERTY SHALL REMAIN 'MTH THE CITY
OF YELM.
fi1- i?..?~~ .y.~OI
(DA TE)
(NAME 4t T1TlE~t._CA)t- AJr,(tH:c....,l> .s6"C!..
OF PRAIRIE ELECTRIC COMPANY AND ~SSOC/ATES. Ll.C.
ACKNOWLEDGMENTS
~~~:~FW~~~%;:: > ss
I CERnFY THAT I KNOW OR HA~ SAnSFACTORY EVlOENCE THAlli,,,, ,..11l. Cm.t, ~/, '~.... c"..h,s A~;~O
THE P.RSON(S) \\HO APPEARED SEFORE ME. AND SAIO PERSON(S) 1CKNO~DGEO 1H~' (Hr/SHE/THEY)
SIGNED THIS INSTRUMENT. AND ACKNOYitEDGED IT TO BE JrisJ,.i."",, (HIS/HER/1HE/R) FREE AND VOLUNTARY ACT FOR
THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
~ DAY OF a~ ZD1LL
ff'-'AVl- ~ flO~fi1-/
NO 'ARY PU81.lC AND FOR THE STA TE OF WASHINGTON.
(PRINT NAME) _.:rAN H It.:r lZa-I r;vr-f
ROSIDING AT; TtJ-VI1'trl>N rD.
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGrT SOiJND ENERGY YELM
TELEPHONE COMPANY ANY CA8LE TELEVISION COMPANY. THE: CANAl. ESTATES HOMEOI'iNERS
ASSOC/A TION AND THEIR REsPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON THE FRONT
TEN (10) FEET PARALI.EL 'MTH AN ADJOINING THE STREET AND TRACT FRONTAGE OF ALL LOTS IN
'M-ilCH TO INSTALL, LA V. CONSTRUCT. RENEW, OPERA TE AND MAINTAIN UNDERGROUND PIPES.
CONDUITS. CABLES AND 'MRES 'MTH NECESSARY FAClunES AND OTHER EOUlPMENT FOR THE
PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPF:RTY 'MTH WITH EI.ECTRIC. TELEPHONE.
GAS AND OTHER unuTY SERVICE. TOGETHER \\ITH THE RIGHT TO ENTER UPON THE LOTS AT ALL
TIMES FOR THE PURPOSES HEREIN STA TED. THF:SE EASEMEN TS ENTERED UPON FOR THESE
PURPOSES SHALL BE RESTOR[O AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITiON. NO LINES
OR 'MRES FOR TRANSMISSION OF ElECTRIC CURRENT DR FOR TELEPHONE USE OR CABtE
TELEVISION SHALL BE PLAC[O UPON ANY LOT UNLESS THE SAME SHALL SE UNDERGROUND OR IN
CONDUIT A TTACHEO TO A BUILDING.
\+ITNESS MY HAND AND SEAL THIS
NOTAAY PUBUC
~TATE OF WASHll-IGTOto'
,,.\J<lNA J. !'lEt/DOlI
.~ ltJpt>inu-nerr.explrmAug.19.2002
() -<A a 1"1, .-:>t>Od
(SEAL)
MY COMMISSION EXPIRES.
ACKNOWLEDGMENTS
STATE OF WASHINGTON>
COUNTY OF THURSTON SS
I CERTIFY THAT I KNOW OR NAVJ: SAnSFACTORY EVIDENCE THArJn~-O 5r1.J.'1f" r...I..~< (IS/ARE)
THE PfJ?SON(S) 'M-!O APPEAflED BEFORE ME. AND SAID PERSDN.(S) A NDYitEDGED]'}jA T t:':~ (HE/SHE/THEY)
SIGNED THIS INSTRUMENT. AND ACKNOYitEDGED IT TO SE~A-_ (HIS/HER/THEIR) PREE A VOLUNTARY ACT FOR
THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
L DAY OFo.rP zoQL
~k-S?o R.H'rI.~
NO(!)V PUBLIC. IN A 0 FOR THE STA TE OF WASHINGTON.
(PRINT NAME) :ThNN A ~""l. f?FNr:x->N
RESIDING A T: ~Jf!O:;Tr>N (J)
MY COMMISSION EXPIRES. ~ 1"1, ';;>O:>A
~~r:~~:~~~;~ > SS
ON TH<LDAt OF ~ zo.QL BEFORE:: ME. A NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON. DULY COMMIS,QtlED AND SWORN. PERSONALLY APff'RE~.R..Y~ I?,~ (NAME) TO ME
KNOWN TO 8E !HE ~ or I roD......, (TITlE) Of''' 0,
~~~p~~~~~~~O THn;Euf:f ;Zg~~~~~~~o ~~R~~ ~~~~~:fo. V~it:;;'Rb/;,r S~~E~A ~F .rt IS
AUTHORIZED TO EXECUTE THE SAID INSTRiJMENT ANO THAT THE SEAL AffiXED (IF ANY) IS THE ~
SEAL OF SAID CORPORA nON.
WITNESS MY HAND AND omCIAL SEAL THE DA Y AND YEAfI nRST ABOVE - WFlITTEN.
~~..c~~ ~~5t,Q~~~
NOTARY pUBLiC. :' NO RY PUBLIC IN A FOR THE STATE OF W"fr-HINGTON
STA1CQ;'WA$HII<GTON Ii .-'CC -- !l0J"" '
'At'WI . RE'lr..:;l' ,(PRINT NAME) )A N N A- oJ . Y'V
Mya~~mr;,;~I~ir~i,.:~.~9>2C02!: Rf$fOING AT: -rH u1l.<rro"'; eJ).
~-:~At~ -c'. MY COMMISSION EXPIRE5. QuV {q :Y.>O::2
I'o1TNESS MY HANO AND S[AL THIS
- --.-.--.
NC' Q,fN ?lIBuC I
'~:"TE OF WAS}41NGTDh
.IANtlA J. REIlOOH
:t'_;T.ll(ltn~1 oxplres Aog. '9. 200'2
(SE.'L)
SURVEYOR'S CERTIFICATE
I. JE" s. PAN TIER. HE.qEBY CERn,<y THAT THIS PLAT OF CANAL ESTATES IS BASED ON All
ACnJAl.. SURVE:Y AND SUBDIVISION OF" A ?ORI10N 0;: SECTIOn 18. iO'r\NSHfP 17 NORTH, .=?.4NCr
2 EAST. W.M.. T'r-lA T TI1E DISTANCeS AND CCUC!5E5 SHOYtN HffiEON ARE COP.REcr. iHA T iHE
LOT CORNERS HAVE B(EN STAKED eN THE GROUNO wm'" SiaN .~EaAR 'MTH PLAsnc l,.MP5
STAMPW JSP 28073"
~;;r:~~r~:f!g7 > ss
ON THE :LDAY Of" ~. 20..QL S~FORE ME. A NOTARY PUBLIC IN
WASHINGTON. OUlY M/5SJONfD At' SWORN, PERSONAl..lf J..P -,4P.ED,-' (NAME) TO ME
KNO"'" TO SE THE' (n TlE) OF C-
AND ACKNoVttEOGfD THE S' j, I)UfNr TO BE TH~ FREE: AN 'IOLUNTAf?Y ACT DEED cr ~AIO
CORPO.qATlON. FOR THE USES AND PURPOS~S THEREIN IJENTlONED. ArID C>N OAr'! STA ~ rHAT~IS
AUTHORIZ~O TO EXECUTE !Hi: SAID INSTRUMENT >.NO THAi THE SEAL AFi'lXED (iF AllY) 15 THf: CORPORAT::
Se:AL OF SAID CORPORA TION I ~
.~T1JESS MY HAND :"NO OFFiCIAL SE'''L OlEI D~Y tiJ.:i!j: FlR5T ABOVi;-",ITTEN.
NtJiAR'I PUBLIC .IN A.ND FOR iHE SJAl! 'JF WASnlNGTGtJ,
NOTARY PUBUC r rp.'?INT NAJ.4f:) ::.;'C~",r:."-\~. 'r"'o-~(."'"
s;;~~~'~'::.~~~ rqESIOIIIG AT L.c.~~\",'."'"
J'1'~r.t e~S JUM 15. 2COJ
r
.)D \ ~\\J:~
Jf:FF! S. PAN-ry[R
~:E5SJON!oL R[';lSi!PE:D LAND SUR1~rOR NO. 2907,3
~A.. ~11-0V(
DA T[ ,
MY COMMISSION EXPiRES' ::l...lo.l\.I.,. \ 'S., 2..C)~ '-\
SHEET 1 OF 2
APPROVALS
PUBLIC WORKS SUPERVISOR
[XAIJ/NED AND APPROVED TriiS It:IJ='DA Y OF A-p.... t f _ 20QL
- J--'" \
,,,",, , -e =J"50.-.
CITY OF tE!.M PUSLlC WORKS SUPER,lS0R
MA YOR FOR CITY OF YELM
EXAMINED AND APPROVED THIS /1 k DAY OF tl!J",} , 2D.1!L.
YELM ClT7fO'/r'CIL V'"
It .
BY; ~tt ~ ATTF:STl1A.u y}il~(/k
MAYOR CITY eLE
ASSESSOR
EXAMINED AN:- APPROVED 7S &;AY or ,4fy!L . zoaL
1M t:;/j(ti~L
THUfST? CWN ASSES OR
TREASURER
I HEREBY CERTIFY THA T ALL TAXES ON THE LANO DESCRISED HEREON
HAVE BEEN FULL Y PAID TO AND 'NCLUDING THE YEAR ~c:() 1
, /)
)'), (L(JJ.,.0~P.~-
THURSJ'&( COUNTY TREASURER
COUNTY AUDITOR
FILED FQfl RECORD A T THE REOUF:ST OF THE CITY OF tELM
THIs13 DAY OF APR It- zoQl. AT 13.......MINUTES PAST.lL- O'CLOCK A ./J..
AND F<EtOROED UNDER AUDITOR'S FILE NO. 3 3/1 Go 11I7 . .qECORDS OF
THURSTON COUNTY WASHINGTON.
/'
Doroveo
. ,,-cording
.f/12-/0/
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City of Yelm
HA TTON COPA T PANTIER
CIVIL. ENCINEERS AN,/) LAN,/) SURVEYORS
8.4: 3.;3::?~;;:S BL D $. ~v
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- -.--~ ell'5?~8 E 27'6.07 AUGUST 1984 ~'" d
.' 739164 ----r-------;------ 18 ,
.'. ~ I 1~24.4J , 2757.6S
I ~ " FOUND, IRON prPE
,OUNO 1/2 I.~ON PIPE I AUGUST 79il4
AS MTNESS CORNE.q Ik .
AUGUST '9114 i ...: "I' '" i
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'" : '" SU8DIVlSION OF TH[ SOUTHI+f:ST QUARTFR OF
SECTION 18, TO'M-ISHIP 17 NORTH, RANGE 2
I FOUND 1/2" EAST, W.M. PER SURVEY AF j84<l9280005
IRON PIPE I
*UGUST 798. I
_____J.iQ5~9_8___--.L '328.97 18
- - _ 24 19 N 811.44'08' W 273.'119.--------
~ - - - _ _ , 19 FOUND 1/2
S 7-11..::-:----.. C38 - ' - - - - - _ IRON PIPE
':>0'70" i""'~~~ ~ 4 - ALlGUST 1984
9000..'o@,~ -
, "S 115VS'S(F7"";;-"o 0;;;--0+--0. : ~ S 115TJ6"SO" [
C21 . ",' ~ - - - -
o 30.1<
"
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 78/
TOWNSH IP 17 NORTH/ RANGE 2 EAS~ W.M
CITY OF YELM, THURSTON COUNTY, WASHINGTON
NOTES
.. [ACH LOT 'ITHIN THIS PLA T (I THROUGh 26 INClUSIVf:) IS
SUB-roCT TO A 1RANSPO.~TATiON FACILITY CHARGE OF t757.50
PER LOT. TH[ TRANSPORTATiON FAClUTY CHARGE: $HALL BE P<li)
PRIOR TO iSSUANCE 0;- BUilDiNG PERM! r
71...27 S.F
1. TRACT "A IS riEREBY Di:DICA!ED TO THE CANAL [STA TE"S
HC'-'[ O'M-iER'S ASSOCIA TlON.
2. OPEN SPACE/COMMUNITY ARi:A TRACT "A" CONTAINS A STORMWAT[R
FACILlT" PROVIDING BOTH TREATM[NT AND STORAGE, FOR S;oRMWATE.~
RUN-OFF CENERA TED FROM THIS PlA r TH[ CANAL ESTATES :'OME O'M-lER'S
ASSOCIA nON IS I/[SPONSIBLE FOR MAINTE"NANC[ OF TRACT A
3. [ACH LOT WITHIN THIS PLA T (I THROUGH 26 INCWSl'iE) IS SUBJECT TO
MITIGA TiON AGR[DJ[NT BE'WfEN \\ILl/AM CO>ll.ES AND (ELM SCHOOL
k; - - ~~A~C~i'~AI~ ;;;'1~~A~g~:JJ..t~~ r;f/B'u~gY::J ~J~?OOO PER lor
N !::".J6'40' w 110.03 . --- - _
c -~-!E--------"- :'-'il>: S'. ---....,
'" - 2 C35 -= ::.: ~6-"0" (" '-f--
-. 110.03
C22 rcJs~~ _ ~
~I ( __
5. ALL WA i<:R CONNECTION F[ES SHALL BE PAID PRIOR TO
ISSUANCE OF BUILDING PERMITS.
6. ALL STE"P SEWER CONN[CTION FEES SHALL f3E PAID PRIOR TO
ISSUANC[ OF BUILOING P[RMITS.
7 CANAL ESTA TE"S DRIV[ S.E. AND CANAL [STAT[S COURT S.E.
ARE ri[REeY DrOICA TEO TO THE CITY OF Y<LM.
II. ADDITIONAL RIGHT-OF-WAf ALONG CANAL ROAD AND RHOTON
qOAD HEREBY DmlCA TE"O TO THE CITY OF (ELM.
'--f---
"
z;<o
..,. 0:0
~~g
9~~
~ 00
~~i
~<..>"-
<~~
---
CANAiROAD - _
-- :~...7~J..D:'[ -?dZ-S$
(CRYSTAL SPRINGS ROAD;- _
2-37.S$
~
-
"
--+-
, -
~/'~~
'" p
1:2
t~
28' t 28'
;0
--'f.!
SCALE. 1 =50 FEET
---
~ ~--- ~.J
o 25 50 100
--r
2
EASESMENTS!RESTRICTIONS
/1), RESTRICTE"D ACC[SS S1RIP(HA TCHED AR[A)
ill ACC[SS TO AND FROM LOTS 7, 26, 25, 24. 23.
TRACT "A-AND lOT 76 IS R[STRICT[D TO 1>;[
INTE"RNAL ROADWAYS ONL Y NO Vf:HICULAR
ACC[SS TO AND FROM CRYSTAL SPRINGS ROAD
AND RHOTON ROAD SHALL f3[ PERMITTE:D
I\lTHOUT pmOR APPROVAL FROM THE CITY OF
YELM.
;02'\ 10' \\ID[ UTILITY EASeMENT (S[E EASEJ./ENT
~ PROVISIONS SH[ET I OF 2)
;0., RESTRICTE"D SOIL DISTURBANCE AREA. SOIL
ill I\lTHIN THE 10' 1\l0[ SIRIP SHALL R[MAIN
UNDISTURBED.
/'4 \ 70' "'OE 5TORM DRAINAGE [AS[M[NT H[REBY
~ GRANTED TO rH~ CANAL ESTATCS
HOMeOWNeR'S ASSOCIATION.
/.). WE"ST BOUNOARY UNo ESTABLlSH[O
o ACCORDING TO SURVf:Y AF #8409280006
AND OE[O AF #330251S.
NOTES
~. CORNER FALLS 0.9' EAST OF WE"ST
~ EDGE OF CONCRET[ SID[WALK
~
~
Cl
\
L~
\
~1
N
"L-A
';~ ~
'CIT///
---
TRACT"A"
(STORMWATER FACILITY)
0.72 ACRE
@9>
1
01
~\
"'\
\
"I'"
"'",
ir)c:i
....'"
Q
.,
\
I
\
S 88'44.05" [
~
14
6138 S.F
@1>
~II~'E
109.54
0'
~\
"'\
\
;:;
:Q
~1
!\;,
~~
~I
\
22
17
7997 S.F
~
'"
..
o
<0
(9Oi\'j
S 88'.14'OS- [
~
1
,
\8
\~
\
:;,\\
~ 0\
\() ~I
;0 "'\
\
13
6130 S,F
@I
N 8~'35'" [
~
;:;
0;
;;
o
",\g~
'" ~
o ._
<0 r>
'"
-'?
"
21
6974 S.F
(9Ji13I
';\1
~ 0\
~i
"'\
\
18 €3>
71134 S.'
S 88.44.05" [
~
eORN[R FALLS I,D' fAST OF \\EST
EDGE OF CONCRrTE" SIDEWALK
CORN[R FAllS 1.0' SOUTH OF NOR1>;
[aGE: OF CONCRETE: SIDEWALK
SII~
114.58
12
5123 S.F
@3>
N 84'35'" [
;o9.7s
211' ~
"'18
"0;
.; "
'"
C@D
20
8570 S.F
LEGEND
19
7907 S.F
~
FOUND 5/8" R[BAR .!< CAP
lS NO. 9608 (SURVf:Y AF #8409280006)
FOUNO AS NO Tf:D
FOUND RAII..ROAO SPIK[ PER
SURVf:Y AF /<l409280005
SET CONCR[TE" MONUMENT
\11TH BRASS DISK STAMPED JSP 211073-
SET S/8" R[BAR \11TH PlAsnc CAP
STAMPED "JSP 211073"
';< SET LEAD PLUG \11TH TACK
S.F SOUARe FEET
-Ic---Y- CEDAR POST W,I)\lR!: FENCE
---0-----0-- CHAINUNK F[NCE
-::c-------o--- WOOD F[NC[
~ STR[[T ~OOR;SS
90TH AVe. S.,. - Y<LM. WA.
r9oi3"1 ~r:Z~ ~~~~~S~ Y<W. WA 911597
.
,.
;0 ;0 ;0 ~ ;0
"
~ B ~ ~ 7 ~ ~ 6 ~ ~ 5 .:2 ~ 4 ~ .~ 3 BI~
. ~~ ~o ~~ ~~ ~~ ~~
~::i g 6~O 5.F :-- 0 6~32 S.F :::: 64l2S.F' :: 2 6135 S.P ;: ~ 6120 S.F :: ~ 6122 SF 0 ~
~~~~-c@~ @>~ @:>~ @}>~ ~~
"
....,
~6.00/ \ I ..0;':; ,"':f'l I / "55.00 I .c:;,c; n/1 / J '\. 56.00 I .56.00
0115 5.t:"
~
\
,
II
@
11
54211 S.F
€!P
N 84'35'11- E
lo02
'" ~ ~
~ '"
- - 198.77 _ _ _ _ _ _
-&-=- - - - - - - - S 88'44'05" [ 365.24
61.117
s
o
10
6507 S,F
~
N 84'35'11 [
~
~
\
'"
0,
90TH AVE. S.E.
----1
56.00
/2'A-
.. 45.24
'-<crr---
55.00
55.00
56.00
9
70.052 S.F
~
IRfECOi?D OF SUIRViEY
AP #-8409280006 .,~'">\
(I /"' sw CORN[R, N[ 1/4 SW 1/4 PER SURVf:Y~"~
,_~ /1 750.00 AF /8409280006 /
. 'y-- ,-- - - - - - -1.
f/ FOUND REBAR AND eAP-
\ 1.11 SOUTH OF SET CO,q,I[R
1 r.:: "-
ir?oY ALe. "-
VifY'J U~AGE 107
\lOl.20 \. (
\ \....r
\ ,.
\
88.57
I
I
161
2
;0
'"
~
I/) ~
<0'
~ 5
'"
'" '"
::l
I
-Ii ,n'LINE TABLE
I NO BF:ARING
I I
101 20' I 20' I
~t\.. J. 1.001
HATTON CO.DAT PANTI.tJi
CIV.EL EHCIHEERS AH.D MH.D SURVEYORS
;0
ffi--/' "7)-.
~
24 I
8783 S.P 1-
(89zO) I ~
10' I'
~
I
"'/'"
~"
'" ..:
...."
Q
'"
SII~
89.20
25
71122 S.F
r9oi2'J
",'
:51 ~
"') '"
"' ~
I
I
I
'0
l~
I'!>
I
I
(g016J
26
8252 S.F
I
I
I a I
~
;0 '01
I ClI: I
I ~I
I ~I
101
I ~I
I
I
'l
<Xl
..,
~
S 88'44'05- e
~
"
'"
14748
'"
'"
;0
..,
'"
,~
Q
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"'I'"
" -
~ oj
.... "
c -
'"
~l
f
" ,I
1 . I ~,I
VI
~ I I
,-------O---T I
'-......... !
~I
I I
I I
20'/ 20'!
~S[ CORNER, Nt
JO' I I
I
DISTANCr
L j S 10 08 4$" w
l2 S 10 08 45- W
U S 05 24 49- E
l4 N 01 15 S5" F:
l5 N 01 15'55" E
l5 N 50 11 09- e
L7 N400751"W
LII S 27 311 35" W
L9 S 57 24 37. W
lIO N 86 05 '50' W
CURVE TABLE
NO D[L lA RAO IUS LENGTH
--- ---
15 33 35- 100 00 27 15
113 19 '15" 100 00 145 42
90 00 'DO 35 DO 54 98
90 00 '00" 25 00 39 27
45 02 '011" 25 00 19 55
60 05 '21- 50 00 52 45
26 00 '34" 50 00 22 70
S8 31 43- 50 00 51 08
3' 47 17" 5000 2765
51 2S '23" 50 00 4488
42 18 '59- 50 00 J6 93
45 02 '08" 25 00 19 65
90 00 '00" 25 00 39 27
83 19 15" 72 00 104 70
15 33 '36- 72 00 19 55
90 55 'OJ" 35 00 55 54
I 30 17" 1465 00 38 47
259 12- 1465 DO 76.37
I 49 '29" 1455 00 45 65
85 37 '04- 25 00 37 75
7 10 40- 1455 00 1112 28
4 11 70' 2200 00 150 73
2 27 '27' 2190 00 9J 93
91 40 '31 35 00 55 00
13 47 '20" 128 00 30 110
'4515.'2800396
5 /1'51 12800 1161
21 58 42" 128 00 49 10
7024 10" 128 00 23 24
II 57 42' 128 00 20 02
10 24 10 1211 00 23 24
22 00 26. 128 00 49 15
42215.12800975
90 00 00 35 00 54 911
4 4S 27" 2220 00 184 33
o S5 03" 2220 00 35 55
o 55 03' 2200 00 35 23
7 70 40' 143500 '79 77
7 99
II 18
5 OS
14 14
13 93
39 52
24 71
20 00
20 00
/I 04
Cl
C2
C3
C4
C5
C6
C7
C8
C9
cIa
C/I
CI2
CI3
CI4
CI5
C76
C17
C18
C19
C20
C21
C22
C23
C24
C25
C25
C27
C28
C29
C30
C37
~.32
C33
C34
CJ5
CJ6
CJ7
~3a
/4, SW /4
7B40 BARNES Sl VD. S. 'N.
TlfMWA TER WA 98512
491-9744
00037
HATTON GODAT PANTIER
April 4, 2001
Cathie Carlson
Community Development
POBox 479
Yelm, WA 98597
Re Canal Estates
Dear Ms Carlson
Attached is a copy of the in-place density tests for the subject plat as requested
If you have any questions on this matter, please do not hesitate to call
Sincerely,
HATTON GODAT PANTIER
Kevin O'Neil
Project Engineer
End Geotechnical Report
cc Doug Randles, Project proponent
Mike Wood, Wood & Son Excavating
File #00-037
Hatton Godat Pantier, Inc
1840 Barnes Blvd SW
Tumwater WA 98512
T 360 943 1599
F 360 357 6299
800 700 1693
ENGINEERS AND SURVEYORS
hattonpantier com
FROM GEOTESTLAB
PHONE NO
361217544848
Apr 1214 21211211 11 17AM P2
GEOTECHNICAL
TESTING LABORATORY
.OOD & loft
5819 SR 720
Roy, W A 98580
Re. I."''''~ D....' T.,. R~.tt p4r"".H .. J/50'O I
Project. C...I "'.t.,
Gentlemen.
As requested we performed on-site density testing in accordance with current applicable standards. The
results obtained were as follows:
TM T.,t Pef'Cftll D" ......1iI % ,....... Pe..ft'
, ..u.. ..&,hl D-nl!! D..., opU... c..~ .~.11'it
. Ibs/~ Ibs/~ ..oUt... ." ..
Lot 9 (:14" depth) 6.3 141.4 250/01148.3 6.8 95.3 90
2 Let 9 (12" depth) 6.9 ]42.7 25o/alI48.3 6.8 96.2 90
3 14 10 (30" depth) 6.1 140.9 200/01146 4 6.8 96.2 90
4 Lot 10 (18" depth) 6.6 139.6 25%/148.3 6.8 941 90
5 Lot 11 (Z4- depth) 6.3 142,0 25%/148.3 68 95.8 90
6 Lolli (12" depth) 6.2 1434 300/c/l~O.2 6.8 95.5 90
7 tAt 12 (24" daptb) 7.2 1367 15o/c/144.5 6.8 946 90
8 Let 1:1 (12" depth) 6.6 140.3 250/01148.3 6.8 94.6 90
9 Lot 13 (36" depth) 59 144.7 300/01150.2 6.8 %.3 90
10 Lot 13 (12" dt:pIh) 6.2 141.7 20%/146.4 6.8 96.8 90
10011 Blomberg Street SW, Olympia, W A 98512
Phone #. (360) 754-4612 Fax jf' (360) 754-4848
FROM GEOTESTLAB
PHONE NO. 3607544848
Apr 04 2001 11 17AM P3
GEOTECHNICAL
TESTING LABORATORY
T." T.,. '~~.I D" ....,... ~ ,~.... 'fteHt
. Iocca" m..-'tt' D..~ D....~ optl... c..,.ct .....1....
. Ibs1nJ lbsIft3 1IoIAu.. HI ..
14 Lot 14 (32" depch) 66 }43.3 250/01148.3 6.8 966 90
IS J..ot 14 (18" dCJllh) 6.0 141.2 25%'148.3 6.8 95.2 90
16 Lot 15 (24" dqrtb) 64 139.8 250/01148.3 68 941 90
17 Lot IS (12" dqlth) 6.1 142.6 250/1>"148.3 68 96.2 90
18 Lat 16 (24" depth) 5.9 140.2 150/01144.5 6.8 958 90
If you have any questions concerning the test results, the procedures used. or if we can be of any further
assistance please call on us at (360) 754-4612
Respectfully Submitted,
GEOTECHNlCAI" TESTING LABORATORY
H~{J p~
Harold Paries,
Engineering Geologist
10011 Blomberg Street SW, Olympia, WA 98512
Phone #, (360) 754-4612 Fax #. (360) 754-4848
FROM GEOTESTLAB PHONE NO. 3607544848 Apr 04 2001 11 18AM P4
APR-02-2081 MON 12:~9 PM h~TTON GODAT PANTIER FqX ~O. 13603576299 p 02
SEC. 1B, T17N, R.2E, W.M.
la
It
~
e
1.[ IQ
i~ ~
\! It
I 11
ESTA. TES
5
4
CANAL
FROM
GEOTESTLAB
PHONE NO.
3607544848
Apr 04 2001 11 18AM P5
~
GEOTECHNICAL TESTING LAB
0- RH'dwd: M.... 30.01 s.mp", lD: Canal Estalca SltMl Sb<t Spe<i&nUOIIS
S_,.. #: 1/1/1900 ScnIrce: On-nte US DUD Mn MiD
ASTM )).2487, UaUled Saib Clallllili~ Syst-. 6.00. lSO.O 100.0% 0.0'*
GW, WaU~Gravclwilhs.nd 4.00" lOO.O 100.0 % O.O~
Sdfpl* ~ Moist; X Mlmwl: X 3.00" 75.0 100.0% O.O~
Dry: 1v!f:ChaIljcal~ 2.50. 63.0 100.0% O.O~
Toot StaadanI. AASHTO T 99: AASH'l'O T 1 tlO: Mctbod 2.00" ~O.O 96.0 % 100.0 % O.O~
ASTM D 6911: ASTMD 1557' X C 1.75" 4$.0 100.0% O.O'l-l
oJ'........... ..".....
Dr)' Dry 150" 37.5 100.0% O.O";!
..usumed Sp.. Gr. PoiDc "~t Dfttsaty Dmshy M>>"baum OpU- 1.~" :lUI 100.0 % 0.00/,
2.9~ N ..ai..... Mudtm~ Ib11ft' I<gl<lm . Dl'y Dead", ".4 Mal!lt..... 1.00" 25.0 \00.0% 0.0'"
I 4.6% 132.6 2,1:;t4 13!1.2 IbcItI" 6.liI~ 7/a- 22.4 100.0% 0.0 ""
2 5,2% 135.4 2,169 1,%31 ~m' 3/4" 19.0 72.0 % 100,0% 0.0 'll
:; 6.3% 139.0 2,2'J:l Sill" 16.0 ) 00.0 % O.O";!
4 7.4% 138.8 2,224 112'" 12.5 100.0% O.O~
3/1r' 9.5 59.0% 100,0 % 0.0 'l1
..N........ .
1/4" 6.3 100.0% 0.00/0
Moisture Dem~ Rela~ Void. 114 4.750 32.0 % 100.0 % 0.0 'l4
141.0 .......---- --, --------~------- ---,. --.......--- -,..--- --- ---tOo --- U~ 118 2..360 100.0% 0.0'll
, , , ,
, , , , ~ 1110 2.000 100.0% 0.00/0
,
1=1)9,0 . .. --- ----~-----------t-.....-~~- ----r- .-.... -~: ------ -- #16 1.1110 100.0% 0.00/,
:I I .,-, 1 ~ ' u171
8'7.11 ./' . Z.l" #20 0.850 100.0% 0.00/0
-- . ... .....~_ __ ,,:r-t: ___~..w.....w...---..-I..-------.....--~~.....-.. _ w: ----
.. .... _ u .V... ~ ." - _m.~_~_ m 2.1~ #30 0.600 100.0% 0.0 'It
ius-a u~, ~ ~ 0.4~ 100.0 % 0.0'*
Cl 1
gUM um/l_m__mu~_m___mJumm ..~ m.. ...: ____m__ ZJJ7 #50 0.300 100.0 % O.O~
= #60 0.25ll 100.0 % 0.0%
, 'l'
/' ~ : j : ; U17 O.O'lE
U1.11 #80 0.180 100.0 %
:,099
4% ~~ 6""- 7% SY. ,.~ 10% 11100 0.150 100.0 % 0.0'"
PCI'eeIK M....... #140 0.106 100.0 % 0.0%
I . Dotll POll'lb . u - -- - - '7A!1O Air Voids Curve --.-CurveFi! 11170 0.Q9O 100.0% 0.0'"
#200 0.075 100.0 % . O.O'l1
~-
....v...... 'J*S: M_ Specw1 Yes
No Spt:Q1
ASTM ))-4'718. COITedlaa f. o..mdu Panidcs % ~-l3/4" 28.0%
% RtttWned C"""",ted I)en.,lty Optinnllll % Rdaiacd COttCOtcd DaWJ.y Optimum % <Jru""l: 611.0% D(.O)- 1.484
3/." Sieve lboIft' ~m' Moisture 31." Si~ lbo/a' l(8""m~ Moi~ % Sand: 31.5% D{3o)" 4.453
5% 141.0 2,258 6.5% 20% 146.4 2.345 5.5% % Silt&Chsy: 0.5% D(EOr 10.231
10% 142.7 2,286 6.2% 25% 148.3 2,376 5.2% Co: 1.31 LL: 0.0%
15% 144.5 2r115 5.90/0 300/0 150.2 2,407 4.9% Cu' 6.$9 1'1.:0.0%
FM: 6.20 PI: 0.0%
COJ'.Ylillbt Spoan~..'I'I<bla...s.m.o..P$, 1996-2001
APR-04-2001 WED 11:30 AM HATTON GODAT PANT1ER
FAX NO. 13603576299
p, 03
FROM . GE01ESTLAB
PHONE NO. . 3G~7S44a48
A~r ~4 2a~1 11.17AM P3
GEOTECHNICAL
TESTING LABORATORY
1M T.,t ,..ft' 0" ....... ,. ~ ~,
#I ....It.. .,.., ~ ~ 0...... Oeapod hip....
. JbsIft3 ...... " "
14 L4 14 ()~" depch) 6.6 143.3 2S%l14S.3 6.S 96.6 90
IS J..ot 14(1'" dep!Jl) 6.0 141.2 25'1101148.3 6.8 95.2 90
16 Let 1 S (24" dqllb) 64 139.8 25Wl4a.3 6.8 94.1 90
11 Lot l~(I~"~) 6.1 142.6 25%1148.3 6.8 96.2 90
13 LA 16 (24" Goplh) ~.9 140.2 15%1144.5 6.8 95.& 90
If you have ~y questtons CO~ the test results. the procedures U~~ Or if we can be of any further
aB8lBUUlce please call on us at (360) 754-4612.
Respectfully Submi~
2.~~rellESTING LABORATORY
Harold Parks,
Enguteering Geologist
1 ~
lOOt1 Blomberg Slreet SW, ()Iympla, WA 911512
Pboao#. (360) 754-4612 Fax oj. (360) 1S4-41W8
APR-04-2001 WED 11 :31 AM HATTON GODAT PANTIER
FAX NQ 13603576299
P. 04
FROM GEOTESTLAB PHONE NO. . 36e7544848 ~pr 04 2001 11.18AM P4
F\PR-02~20~1 :1ON 12: 49 Pt1 h~TTOK CODAT PAN,;"IER FI\X NO, 13603576299 v 02
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CANAL ESTA TIES
sec. 18, T~7N, It2E, W.M.
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5
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,
$ I 2
APR-04-2001 WED 11 :31 AM HATTON GODAT PANTIER
F"ROM : GEOTESTL..AB
PHONE NO.
FAX NO. 13603576299
3687544848
P. 05
Apr. B4 20e1 11 18AM PS
GEOTECHNICAL TE,STING LAB
0..........' lid.. 30.01 IJh C. ~
~.. 111/1900 ~c; ~
ASTM J).2m, VJltSellIWla a-ll__ ~
GW. w.u o...-.olwldlS..s
s..",~ ~ X M-al: X
Dry. ~:
1'...~ AASHfOT!W: MllKl'Otl$O: MdIroed
4STM 0 691: ASrMI> 1"7: X C
~Sp.Q.
:1.95
~
toWIaIrt
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7.."
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n-ItJ
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132.6
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2.22'7
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APR-04-2001 WED 11:30 AM HATTON GODAT PANTIER
FAX NO, 13603576299
P. 02
FROM GEOTESTLAS
PHONE NO. 3607544848
R~r. 042eal 11.17AM P2
GEOTECHNICAL
TESTING LABORATORY
.OOD & loa
S819 SA 720
Roy, W A 98580
...
'........
.......w huIJ T.,e ..,... pe".M .. I/S./.8
0.... .....,
Gentlemen:
As requested we perfonned on-site density testing in aocordancc Wlth current applioable standards. The
results obtained were as follows:
,.- hfl ~ 0" ....... .. ,..... hMH'
, ...... ...,.., ~ It~ 0,..... 0..,... ......
. Ibsl~ ...... ., d
U. ~ (14" UpIh) 6.3 1414 25%1148.3 6.8 95.3 90
2 L./I 9 (1'~~) 6.9 142.1 25%1148 3 ~.8 96..2 90
3 1.4 10 ( 30" Ikolll) 6.1 140.9 200/C{l46 4 6.8 96.2 90
4 1.ct 10 (13" dqltIl) 6.6 139.6 ~o/cJl48.3 6.8 941 90
5 Let II (14~ d..plb) 6.3 142.0 2 So/cJl 41. 3 6a 95.8 90
(i 1.<< II (12" ~) 6.2 143.4 30%'150.2 6.8 95.S 90
7 tA 12 Q-t"~) 7.2 136.7 1~144.5 6.S 94.6 90
g l4 12 (12" ckr;lrh) 6.6 14().3 Z5%1148.3 6.8 94.6 90
9 l..d l' ()6" ~) 59 144.7 300/cJ1SO.2 6.8 96.3 90
10 Lot a(w~) 6.2 141.7 20"4'146.4 6.8 96.8 90
WOII Blomberg Street SW. Olympia, WA 9&512
~ #. (360) 7s..-4612 Fax 1/' (360) 1S4-484l\
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date April 3, 2001
To Mayor Rivas and City Council Members
From Cathie Carlson, Community Development Director
Re Final Plat for Canal Estates, SUB-01-827 4- YL
Staff Recommendation
Staff recommends the City Council approve the final plat for Canal Estates, SUB-01-8274-YL as
forwarded by the Planning Commission
Backqround
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 28, 1999 The project has been under construction for the last year and the applicant filed a
completed application for final plat on March 13, 2001
Applicant: Doug Randles, Randles Family LLC
Proposal 26 - Lot, Final Plat Approval for Canal Estates
Location The southwest corner of Rhoton Road and Canal Road
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 April 2, 2001 meeting the Planning Commission
reviewed the final 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 Final Plat Approval
The majority of landscaping has been completed by the applicant. Due to the design of the
stormwater facility, the applicant and staff agreed to finalize the landscaping plan for that area when
the facility was completed Because this was done fairly late in the process the applicant did not
have time to arrange for the purchase and installation of the remaining vegetation prior to final plat
submittal The staff supports the assigned savings of $2077 50 to guarantee the final landscaping
improvements are completed
1 The applicant provides the City with an executed Assigned Savings Account
Agreement for $2077 50 (See Pg 5, Item # 30)
Original Preliminary Plat Conditions of Approval
Transportation - Conditions of Approval
1 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family dwelling
unit generates 1 01 new p m peak hour trips As proposed the development would generate
26 new p m peak hour trips The Concurrency Ordinance requires that impacts to the
transportation system from new traffic be mitigated through the Transportation Facility
Charge of $757 50 per new single family dwelling unit. The TFC is payable at time of
building permit issuance
TFC fees are collected at time of building permit issuance.
2. The applicant shall be responsible for half-street improvements along the site's frontage on
Rhoton Road and Canal Road The off-site roadway section is "Neighborhood Collector"
(detail attached) The frontage improvements include lane improvements, curb, planter strip,
sidewalk, landscape and storm drainage The on-site roadway section is "Local Access
Residential" (detail attached)
Completed The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat.
3 The applicant shall dedicate sufficient right of way on which to construct the half-street
improvements These improvements shall be constructed with the sub-division
Completed The face of the final plat dedicates the required right-of-way
4 Access will be limited to one full access on Rhoton Road and one full access on Canal Road,
per the preliminary plan submitted by the applicant to the City
Completed
5 Road design shall meet the intent of the City's Development Guidelines
Completed.
6 Street lighting shall be installed on the north side of the internal loop road
Completed.
7 Sidewalks shall be installed on the north side of the internal loop road
Completed.
Site Grading - Conditions of Approval
8 Site grading and fill placed on the proposed site shall be compacted to 95% density per the
City's Development Guidelines
Completed.
9 The applicant shall leave a minimum of 10 feet of undisturbed soil between the property line
2
and the toe of the slope on the West Side of Lots #8-15
Completed.
Water - Conditions of Approval
10 The applicant shall connect each lot to the City water system The connection fee for each
dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of
water consumption per day) The ERU fee is established by City resolution and is payable at
time of building permit issuance The ryleter fee is established by City resolution and is
payable at time of building permit issuance
The extension of water service to each lot is complete. Fees for hook-up are
collected at time of building permit issuance.
11 The onsite water line installation shall be looped to afford maximum fire protection as per the
Uniform Fire Code
Completed.
12. All water connection fees are due at time of building permit issuance
No action required at this time.
13 To ensure compliance with the City's 1995 Water Comprehensive Plan, the Applicant shall
connect to the 8 inch main at the intersection of View Drive and Rhoton Road The 8-inch
water main shall be extended to the intersection of Canal Road The 1 O-inch water main
shall be installed from the intersection of Rhoton Road west along Canal Road to the west
property line of Canal Estates
Completed.
14 As per City of Yelm "Development Guidelines" minimum hydrant spacing shall be 660 linear
feet on the internal loop road In addition, a hydrant shall be placed at the north edge of the
proposed cul-de-sac
Completed
15 With the consent of the City Council, a latecomer's agreement will be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
16 Water lines and fire hydrants shall be installed on the north side of centerline of the internal
loop road
Completed
3
Sanitary Sewer - Conditions of Approval
17 The applicant shall connect to the City STEP sewer system The connection fee for each
dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of
water consumption per day) The ERU fee is established by City resolution and is payable at
time of building permit issuance A $135 00 inspection fee shall be paid for each onsite
installation
The extension of sewer service to each lot is complete and the inspection fee
has been paid. Fees for hook-up are collected at time of building permit
issuance.
18 Upon completion of the onsite installation as per the City's Development Guidelines, the
STEP sewer equipment shall be deeded to the City by easement.
Completed. The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat. Easements are provided on the face of the
plat.
19 All sewer connection fees are due at time of building permit issuance
No action required at this time.
20 STEP collector lines shall be installed on the north side of centerline of the internal loop road
Completed.
21 To ensure compliance with the City's 1998-Sewer Comprehensive Plan, the Applicant shall
connect to the 4 inch main at the intersection of View Drive and Rhoton Road The 4 inch
sewer main shall be extended to the intersection of the internal connector road The 4 inch
sewer main shall be installed along the north side of the internal connector road to the
intersection of Canal Road
Completed.
22. With the consent of the City Council, a latecomer's agreement shall be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
Storm Water - Conditions of Approval
23 The applicant shall design and construct all storm water facilities in accordance with the DOE
Storm Water Manual, as adopted by the City of Yelm Best Management Practices (BMP's)
are required during construction of the storm water facilities
Completed.
4
24 The applicant shall compile a final storm water report along with construction drawings
Completed
25 The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
Completed.
26 The applicant shall conduct hydrological testing to ensure the site is not subject to unusual
high groundwater The applicant will identify areas of ponding and potential effects
associated with planned fills
Completed.
Design Standards - Conditions of Approval
27 The applicant shall utilize the City's Development Guidelines as a guide to develop project
civil drawings
Completed.
Open Space - Conditions of Approval
28 The fee-in-Iieu of for the project site is $11,001 76 The fee-in-Iieu of is payable prior to final
plat approval
Completed
SEPA Mitigation - Conditions of Approval
29 The applicant shall enter into an agreement with the Yelm School District to mitigate impacts
to the school district. The applicant shall provide the City with a recorded copy of the
agreement. All mitigation fees shall be paid by the applicant prior to building permit issuance
Completed.
Landscape - Conditions of Approval
30 The applicant shall landscape the stormwater facilities in accordance with Chapter 17 80 of
the YMC
Partially complete. The stormwater facility and the western property boundary
require additional plantings. The applicant has submitted an assigned savings
of $2077.50 which includes money for the landscaping and 6 street signs.
31 The applicant shall landscape the planter strips for all streets as per the YMC
5
Completed.
32 The 15' stormwater facility easement located between the cul-de-sac and the stormwater
retention pond shall be landscaped along the easement boundaries which are adjacent to
residential lots The landscaping shall effectively delineate the easement to ensure
neighboring properties do not encroach upon the easement.
Completed.
33 The applicant shall submit a final landscape and irrigation plan to the Planning Department
for approval
Completed.
C:\M yFiles\Case Correspondence\8274\827 4cc. WPD
6
PLATOF CANAL EST.ATES ~ SHEET20F2:4!~
rJ~ . . rOUND 2~ IRON PIP :;
,.,:---~,:~~82.---'_~~:_~~~~i~._ ,:El
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, , \ /2. IR~' PlP(: . "'JN~ I~;;":(~(
I fOUND I ".. I AVGUST 1984
TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M. .,~t,JJ;'NMORN(R I ~'IA ~I
CITY OF YELM, THURSTON COUNTY, WASHINGTON :: : lli~ ~ ,1,1,. Ii:
NOTES ~ -'I~-' oil:J tl ~I:!
I. TRACT "'"''' IS HeREBY OED/CArro TO THE: CloNAL CSiArrs Houe O'IINCR'S 4. CACH LOT 'MTHJH TN'S PlAT (I THROUGH 26INa.USl~) IS SUBLeT TO ~ ~.S!j 3 ~II~ :~
ASSOOATlOH. A TR.IJISPORTATlON FAOUTY aiARG! OF '7$7.:50 PER lOT. JIoI! t"l _, ~ I"l S I~
2. 0PfN SPACE!COUWMTY AREA TRACT "..." CONTAINS A STORIoIWAI'tR TRAHSPORTATlON FAC/UTr CHARGE SHALL Be PAiD PRIOR TO ISSUANCE OF ~I ~ I s'V'~
FAaUT'(, PROVIDING 80TH TREATMENT AND SJ'OltAGt FOR STOR,VWArrR BUILDING PDU'T. I ~ I t-\. ~ I
RUN-Of'F' GE:NERAmJ FROM THIS P!.AT. THE CANAL eSTATES HOftIE OYrNER'S 5. ALL. W....1ER CONNECTlON ~ SHALL Sf PAlO PRIOR TO ISSUANce OF ! I J Q; N 88"5,'02. W I 272' 47 c~~ I
ASSOOATlON IS RESPONSiBlE FOR MAINTENANCE: OF TRACT "A" BUILDING PeRMITS. ~r-i""-----------+---~--
- - - _ _ _ J. EACH LOT \4ot1HrN THIS PU.T (I THROUGH 25 INCLUSIVE) IS SUBLeT TO d. ALL STrP SOUf CONNEcnON F!ES SHALL Be PAlO PRIOR TO ISSUANCE ~I lie it: it
- - - - _ _ --+- ~;:g~o~eo;~~n~~ :w~~ ~~~ ~Os~~OOS~~OT OF BUIWING P(RIJITS. ~~' ~ ~I :,
. SHALl. BE PAlO PRIOR TO ISSUANCC OF BUILD/NG PeRMIT. 7. CAJ./AL ESTATrS 0RI\f: S.C. AND CANAL ESTATrS COURT s.c. AR' f'4 -I~ - ';...1 ill
---__ :G --- HEREBYOffDflJTO THE"OT'r'OF'mJI. ~%fd~ ~I:O IO~
- - - _ _ ---+:-.!:! 84'J6'4Q" - - - _ 50i:~ ClI~ ~:6
---____ b-..!~"O'~-.:?8:.hS7. --~ :l:~I:2 ~l~ ~I~
- - - _ _ _. ("f ~ ~~~~'10. E - _ ...., e StJBDI',fSICW 01' THE SOUlHIlEST QUARTER OF ...
_.~OJ' ~ - - _ I srClJCW IS. ro~SHIP 17 NORTH. RANG( 2 I
-!P- _ :1. -~~ - __ C1NA - _ _ _ I ~~,~f. EAST. )lAt. peR ~~ AF ~2s()()oo I
- __ .~..J8~"0~ ROl'tD - - _ I AUGUST 1984 I :
(CRrsr~;,C~~ - - -+--- ~!/~ _.___..!!Q.5.;.9..8___-L____ ...!ES.9' 118
Was ROAD;- _ - - _ _ ~ N ~''''''08" W 27J".89 - -----_;+__
-- - ~~ - - - - - - - ---+--1 ' ~O::~,'rf"
'S 7836~"'9:~~ ~ ~ I" - - - - _ AUGUST 195-4
o.oo.-~@k:.s-s6;;;'&.~90~ _ L!..8~'06'50. E
C2' .~ 'I ---
---T---
" r ;/~ETABLE
I NO. Sf.ARIM>
20' I 20'1 US 10'OS'''6'' If" 7.99
1 I L2 S fO'OS 4{$"" 8.18
LJ S 05'2. ..9' r 5.0.5
L. NOl""", "'.1.
L5 NOI'fS'SS' E IJ.9J
L6 N50'11'09', J9.52
L7 N 40'01'31'" 24.71
L8 S 27'J8'36' If' 20.00
L9 S 57'24'37'" 20.00
LI0NSS'OS'50'" 11.0"
2: ~~
S~~
Cl ~N
ii2~~
lUg'
~~~
FEBRUARY 200J
SCALE' l'gSO FEET
o
100
25
50
EASESMENT5!RESTRlcrIONS
&
&
~
&
~
REST1lICrro AC(:f"SS STR1P(HATCHED AREA)
ACCESS TO ANO 11/0IJ LOTS I. 2e. 23, 2., 2J.
fRACT ..... AND LOT 15 IS RESTRlCTW TO 7HE
INTERNAL ROADWAYS OM.r. NO ',[HICUtAR
ACCfSS 10 AND FR(;IJ CRY$TAL SPRlHGS ROAD
AJ./O RH010N RCWJ SHALL Be PERillrTrO
lWJHOUr PRIOR APPROVAL mou THE arr OF
""'.
fO' Ml'OC unuTY EASCNE:HT (sa: EASDlENr
P~O\llSlONS SHUT I Of 2)
RfSTRICrro SCVL OISTLlRSANC( AREA. SOIL
'MTHIN THE '0' 'MDE S1RJP SHAIJ. ReMAiN
UNDlSrvRBED.
10' \'dOC STORM DRAJNACf fASEMENr HeREBY
GRAJ./TED 10 THE CANAL ESTA TrS
HOIr1fOVrNER'S AS$OC1ATJCW.
MEST BOUNDARY UNE ESTABUSHCO
ACCOROING TO SUR\f:Y AT /84092S0008
AND oeeD ~ IJJ02'f3.
LEGEND
· r~~g ~~ 7~~~~ f:P 18"091BOOO6)
. FOONO AS NOTED
8 FOUND RAILROAD SPIKE PER
SUR\I!Y AF ,a"091fS0006
S :~C::;:f~;:~~::lD.JSP 2807J.
O SeT 5/8" REBAR 1ll'1H PLAsnc CAP
STAlJP(D 'JSP 28073"
c::> STREET ADDRESS - 'rEUI, WA 98-
I
I
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I RECORD OF SURVEY PrR StIR""
AF #8490280006 Ai' "'002~
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FOUND REBAR AND CAP
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: HA~TON CODAT PANTISR
CJYIL ll'NCJN.8'll'RS AND LAND SURYEYORS
2708 Wf:STMOOR COURT 6,)26 MARnN WA Y SUITE G
OL YMPIA. WA 98502 LAC!'Y, WA 98516
94.)-1599 .91-9744 00037
OPEN SPACE
TRACT-A-
0.72 ACRE
i
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~
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c""_~____~ .:.____~__{/
6'.S7 .. 8.190
'- ~ 1 re
- ~ 198.'17 I 1"""8
-. - - - - - - - -SiB'."7O?c -$- 36m- --'- - --
il
CANAL ESTATES DRIVE S.E. I
56.00 1- 56.00 L 56.00 L 5600
----- ----- ----- ~
:.:1 )1:1 };\ ~
il
8
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"
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VOL. 20 IPApE 107 J6 :
I
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DISTANX
.I
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~,
CURVE TABLE
NO. DELTA RADIUS LEmTH
CI f"JJ')6. --
fOo.OO 27 IS
e2 B3'19"S. 100.00 145."2
eJ 90'00 '00" J,.OO "".98
C. 90'00 'OO~ 25.00 J9.27
C. 45'02 'OS" 25.00 19.65
C, 60'06 '2'" 50.00 52."5
e7 26'00'J,,' 50.00 22.70
eB 58'JI '.)' 50.00 '1. OS
e. JI .., '17' 50.00 27.65
elo ""25 '2J' 50.00 .4.88
CIl 42'18 '5'" 50.00 J6.9J
e'2 .5"02'OS' 25.00 19.65
C'J 90'00 '00. 25.00 J9.27
'" eJ'19'16" 72.00 104.70
el5 f5'JJ'J6" 72.00 19.55
CI. 90' 55 'OJ" JS.OO 5S.S"
e/7 ,'JO"7" 1465.00 J8.47
e/6 2'59"2' '465.00 76.J7
e.. 1 "9'29' 1465.00 .6.66
C20 86'J,'0.' 25.00 J'1.75
e21 7'10.0' f"55.00 182.28
C22 5'06 'IJ" 2200.00 '''5.96
C2J 2'27'27' 2'90,00 93.93
e24 91 "O'JI' J5.00 56.00
C25 13''''''20" '28.00 JO.80
e2. , 46 "6' '2S.00 J.96
C27 5'" 'Sf" '28.00 ".61
C25 21'SS .2" 128.00 .9 10
e29 10'24"0. 128.00 2J.24
eJO 8'57 42' '28.00 20.02
eJ> 10'24 '10' 128.00 2J.24
'J2 22'00 '26" 128.00 4916
CJJ 4'22 '15' '28.00 . "
eJ. 90'00'00' J5.00 54.98
FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX. 360-458-4348
To: l(w!I1 r) /1i /
Fax#: .~- 35-7.. 02.7.7
From: &fl1l~ C~/I;:vn
Date: 1/3/0 /
Pages: B ' includmg this cover sheet.
Subject:
;!./we -10 IlcL~ a! / /cf ~ rLit',( bj 1/1/62-
COMMENTS ~L . < /) , I j :) ?
-1I1C- (!,ry UJt/JC-1 371{!!L/o/f- ceSS u/1/1 -e:- 5
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** If you do not receIve all copIes or any copy IS not legible, please call (360) 458-3244 as
soon as possIble /71. -. t/ ,() ); .
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SUMMARY OF HOW CONDITIONS OF FINAL PLAT WERE MET
Conditions of Approval for the plat of Canal Estates are outlined in the City of
Yelm's letter dated August 2, 1999
1 No action required at this time Fees are payable at the time of
building permit issuance
2 Completed
3 Dedication is shown on the face of the plat. Dedication will become
final when the plat is recorded.
4. Completed
5 Completed.
6 Completed.
7 Completed.
8 Completed
9 Completed
10 Water services have been extended to each proposed lot. Fees are
payable at the time of building permit issuance
11 Completed.
12 No action required Fees are payable at the time of building permit
issuance
13 Completed
14 Completed
15 Completed.
16. Completed.
17. S T E.P sewer services have been extended to each proposed lot Fees
are payable at the time of building permit issuance.
18. No action required at this time
19. No action required at this time
Page 1 of2
20 Completed
21 Completed
22. Completed
23 Completed.
24 Completed.
25 Completed
26 Completed
27 Completed
28 Completed
29 Completed
30 Completed
31 Completed.
32. Completed. I
33 Completed
Page 2 of2
.
>.
~
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
August 2, 1999
Erling Birkland
Praine Electric Co
PO Box 875
Yelm, WA 98597
Re SUB-99-8236- YL - Canal Estates Preliminary Plat Approval
~
Dear Mr Bi~l
On July 28, 1999, the Yelm City Council considered your application for the above referenced
project. After revieW of the Planning Commission's recommendation, pubic hearing comments
and the staff report dated July 20, 1999, the City Council found the project, as conditioned in
the staff report, to be consistent with all applicable City policy's and development standards
and approved the preliminary plat
Preliminary Plat approval is valid for 5 years from July 28, 1999 Within the 5-year period all
conditions of approval shall be satisfied and an application for final plat shall be submitted to
the City for the project to remain vested
The project is approved subject to the following findings and conditions of approval
Findings.
1 Proponent. Prairie Electric Co , Erling Birkland
2 Location Southwest corner of Canal Road and Rhoton Road Tax Parcel
22718310300
3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News
on July 9,1999, and posted in public areas on July 1,1999 The notice was mailed to
adjacent property owners and the applicant on July 1, 1999
4 Existing Land Use Vacant.
5 Adiacent Land Uses Low Density Single family residential
6 Comprehensive Plan The site is designated Low Density - Residential
r ~
Mr Erling Birkland
August 2, 1999
Page 2
7 Zoning Chapter 17 12, Low-Density Residential District (R-4)
8 Soils and Geoloqy Spanaway gravelly sandy loam
9 Ground Water The project site is located in a Category I Aquifer Recharge area
Ground water levels on the site are fairly close to the surface (30' or less in some
areas) especially along the western property line and the southwest corner of the site
In 1996/1997 the area to the west and south of the site experienced high groundwater
levels which resulted in localized flooding Topographic information indicates that the
regional low area is along and west of the site's western property line
10 Transportation and Site Access. The site fronts on both Canal Road and Rhoton Road
The Yelm Development Guidelines, Section 4B 130, requires a minimum spacing of
200' between intersections that include a designated Neighborhood Collector Street.
The Yelm Development Guidelines, Chapter 4, classifies Canal Road and Rhoton
Roads as Neighborhood Collectors The newly constructed internal road would be
classified as a Local Access Residential Street.
Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family
dwelling unit generates 1 01 new pm peak hour trips As proposed the development
would generate 26 new pm peak hour trips The Concurrency Ordinance requires that
impacts to the transportation system from new traffic be mitigated through the
Transportation Facility Charge of $75000 per new pm peak hour
The preferred alternative for the Y -3 transportation corridor runs from east to west
along the southern property line and 120' deep The route is currently being analyzed
through an environmental assessment with the final adoption of the transportation
corridor to occur in the late summer or early fall of 1999 Because the corridor is not
adopted at this time, the City can not require the developer to alter the site lay-out to
accommodate the future right-of-way
Staff has reviewed the lay-out with consideration of the future Y -3 corridor and believes
that through traffic control (one-way street) that the infrastructure constructed for the
project will not have to be physically altered
The future acquisition of right-of-way for the Y-3 corridor will include lots 1 - 9
Acquisition of right-of-way can not begin until the corridor is adopted by the City Council
and funding is available
11 Parking Chapter 17 72, Off-Street Parking and Loading, requires two (2) parking stalls
for each residence
12 Wastewater The project site is in the Sewer Service Area but is not currently served
by the Sewer Treatment Plant. The existing service line designated to serve the site is
if ,
Mr Erling Birkland
August 2, 1999
Page 3
located at the intersection of View Drive and Rhoton Road
As determined in the City's 1998 Sewer Comprehensive Plan the project site is located
at the end of the 4" service line planned to serve the site
13 Water Supply The project site is in the Water Service Area, but is not served with City
water The existing service lines designated to serve the site are an 8" line located at
the intersection of View Drive and Rhoton Road and a 1 A' line located west of the
property on Canal Road
The City's 1995 Water Comprehensive Plan requires these lines to be connected in the
future to ensure adequate fire flow for the area
14 Drainaoe/Storm water The completed project will increase impervious surfaces on the
site and adjacent streets Impervious surfaces create stormwater runoff When
uncontrolled and untreated stormwater runoff can create health and safety hazards
YMC requires all development to comply with the City Stormwater Manual for the
control and treatment of stormwater runoff
Stormwater facilities require continued maintenance to ensure they remain in proper
working conditi~n
The preliminary stormwater report and conceptual layout appear to meet minimum City
standards
15 Open Space. Chapter 16 14, Parks and Open Space requires single family residential
developments to provide 5% of the development site in improved open space or pay a
fee-in-lieu of providing on-site open space
The applicant is proposing to pay the fee-in-lieu of rather than providing on-site open
space The fee-in-lieu of is calculated by multiplying 77~ per square foot of required
open space
5% of the gross site represents 33 of an acre (14,288 00 sq ft.) The fee-in-lieu of for
the project site is $11,0001 76 The fee-in-lieu of is payable prior to final plat
approval, unless the City approves a property lien against each lot and then the fee-in-
lieu of would be payable at time of building permit issuance The applicant has not
requested a property lien for the fee-in-lieu of
16 Utilities The site is served by Puget Sound Energy (electric and gas) and Yelm
Telephone
17 Fire Protection Fire protection is provided by the Thurston County Fire District #2 The
applicant has submitted Fire Flow Calculations for existing hydrants located at Crystal
Springs and Canal Road which meet current city standards
'\)
Mr Erling Birkland
August 2, 1999
Page 4
18 Police Protection Police protection is provided by the City of Yelm
19 Public Schools The project site is within the Yelm School District. Through the
environmental review, the School District has required the applicant to mitigate school
impacts as a result of the development. The applicant is required to enter into an
agreement with the School District specifying a $650 00 mitigation fee for each dwelling
unit. The mitigation fee is payable at time of building permit issuance
20 SEPA. A Mitigated Determination of NonSignificance was issued on July 1, 1999
(Exhibit III )
Conditions of Approval.
Transportation - Conditions of Approval
1 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family
dwelling unit generates 1 01 new pm peak hour trips As proposed the development
would generate 26 new pm peak hour trips The Concurrency Ordinance requires that
impacts to the transportation system from new traffic be mitigated through the
Transportation Facility Charge of $757 50 per new single family dwelling unit. The TFC
is payable at time of building permit issuance
2 The applicant shall be responsible for half-street improvements along the site's
frontage on Rhoton Road and Canal Road The off-site roadway section is
"Neighborhood Collector" (detail attached) The frontage improvements include lane
improvements, curb, planter strip, sidewalk, landscape and storm drainage The on-site
roadway section is "Local Access Residential" (detail attached)
3 The applicant shall dedicate sufficient right of way on which to construct the half-street
improvements These improvements shall be constructed with the sub-division
4 Access will be limited to one full access on Rhoton Road and one full access on Canal
Road, per the preliminary plan submitted by the applicant to the City
5 Road design shall meet the intent of the City's Development Guidelines
6 Street lighting shall be installed on the north side of the internal loop road
7 Sidewalks shall be installed on the north side of the internal loop road
Site Grading - Conditions of Approval
8 Site grading and fill placed on the proposed site shall be compacted to 95% density per
the City's Development Guidelines
9 The applicant shall leave a minimum of 10 feet of undisturbed soil between the property
"
Mr Erling Birkland
August 2, 1999
Page 5
line and the toe of the slope on the West Side of Lots #8-15
Water - Conditions of Approval
10 The applicant shall connect each lot to the City water system The connection fee for
each dwelling is based on Equivalent Residential Unit usage (each ERU equals 240
gallons of water consumption per day) The ERU fee is established by City resolution
and is payable at time of building permit issuance The meter fee is established by City
resolution and is payable at time of building permit issuance
11 The onsite water line installation shall be looped to afford maximum fire protection as
per the Uniform Fire Code
12 All water connection fees are due at time of building permit issuance
13 To ensure compliance with the City's 1995 Water Comprehensive Plan, the Applicant
shall connect to the 8 inch main at the intersection of View Drive and Rhoton Road
The 8-inch water main shall be extended to the intersection of Canal Road The 10-
inch water main shall be installed from the intersection of Rhoton Road west along
Canal Road to the west property line of Canal Estates
14 As per City of Yelm "Development Guidelines" minimum hydrant spacing shall be 660
linear feet on the internal loop road In addition, a hydrant shall be placed at the north
edge of the proposed cul-de-sac
15 With the consent of the City Council, a latecomer's agreement will be entered into for
applicable benefit properties
16 Water lines and fire hydrants shall be installed on the north side of centerline of the
internal loop road
Sanitary Sewer - Conditions of Approval
17 The applicant shall connect to the City STEP sewer system The connection fee for
each dwelling is based on Equivalent Residential Unit usage (each ERU equals 240
gallons of water consumption per day) The ERU fee is established by City resolution
and is payable at time of building permit issuance A $135 00 inspection fee shall be
paid for each onsite installation
18 Upon completion of the onsite installation as per the City's Development Guidelines,
the STEP sewer e:::quipment shall be deeded to the City by easement.
19 All sewer connection fees are due at time of building permit issuance
20 STEP collector lines shall be installed on the north side of centerline of the internal loop
road
Mr Erling Birkland
August 2, 1999
Page 6
21 To ensure compliance with the City's 1998-Sewer Comprehensive Plan, the Applicant
shall connect to the 4 inch main at the intersection of View Drive and Rhoton Road
The 4 inch sewer main shall be extended to the intersection of the internal connector
road The 4 inch sewer main shall be installed along the north side of the internal
connector road to the intersection of Canal Road
22 With the consent of the City Council, a latecomer's agreement shall be entered into for
applicable benefit properties
Storm Water - Conditions of Approval
23 The applicant shall design and construct all storm water facilities in accordance with the
DOE Storm Water Manual, as adopted by the City of Yelm Best Management
Practices (BMP's) are required during construction of the storm water facilities
24 The applicant shall compile a final storm water report along with construction drawings
25 The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
26 The applicant shall conduct hydrological testing to ensure the site is not subject to
unusual high groundwater The applicant will identify areas of ponding and potential
effects associated with planned fills
Design Standards - Conditions of Approval
27 The applicant shall utilize the City's Development Guidelines as a guide to develop
project civil drawings
Open Space - Conditions of Approval
28 The fee-in-Iieu of for the project site is $11,0001 76 The fee-in-lieu of is payable prior
to final plat approval
SEPA Mitigation - Conditions of Approval
29 The applicant shall enter into an agreement with the Yelm School District to mitigate
impacts to the school district. The applicant shall provide the City with a recorded copy
of the agreement. All mitigation fees shall be paid by the applicant prior to building
permit issuance
Landscape - Conditions of Approval
30 The applicant shall landscape the stormwater facilities in accordance with Chapter
.'
."
Mr Erling Birkland
August 2, 1999
Page 7
1780 of the YMC
31 The applicant shall landscape the planter strips for all streets as per the YMC
32 The 15' stormwater facility easement located between the cul-de-sac and the
stormwater retention pond shall be landscaped along the easement boundaries which
are adjacent to residential lots The landscaping shall effectively delineate the
easement to ensure neighboring properties do not encroach upon the easement.
33 The applicant shall submit a final landscape and irrigation plan to the Planning
Department for approval
If I can be of further assistance or you have any questions, please contact me at 458-8408
Sincerely,
~ G:/0--
Catherine Carlson
City Planner
cc Shelly Badger
Ken Garmann
Tim Peterson
Stephanie Conners
6.
,
!J
After recordmg return to
Yelm Commumty Schools Distnct No 2
POBox 476
Yelm, W A 98597
Attn Erling M. Birkland
MITIGA TION AGREEMENT
Reference No: Canal Estates, NEI/4, SW1I4,Sec 18,Tl7N,R2E,WM
Grantor.
I
Wilham Cowles
Canal Estates
Grantee:
I
Yelm Commumty Schools Dlstnct No 2
Legal Description: Subdivision of 6.56 acres into 28 lots at the intersectiOn of Canal Rd. SE and
Rhoton Rd. SE, Yelm, Wash.
Assessor's Property Tax Parcel Number/Account Number: 22718310300
THIS MITIGATION AGREEMENT ("Agreement") is made this & Of~' 1999,
between the YELM COMMUNITY SCHOOLS DISTRICT NO 2, Yelm, Washi gton ( e "Dlstnct")
and William Cowles (the "Developer")
RECITALS
A The Developer has submitted an apphcation to Thurston County for the constructlOn
of a 28 lot subdlvislOn "Canal Estates" Yelm, Wash. (the "Project") The Project IS located on
property that hes within District boundaries, more particularly described on Exhibit A, attached
hereto and incorporated herem by reference
B The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), prOVides
processes and procedures whereby major actions by state and local agencies, including, but not
limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determme
the nature and extent of their Impact on the environment. Impacts on pubhc serVices, includmg
schools, are environmental impacts for the purposes of SEPA. SEPA reqUlres the mitigation of
adverse environmental Impacts
C. The Distnct's student population and growth projections indicate that the Project will
have an impact on the District, when cumulative impacts of other projects are conSidered.
D RCW 82 02 020 authonzes the Distnct to enter into a voluntary agreement With the
Developer for payment to mitigate the Impact of the Developer's ProJect.
E Pursuant to Resolution No 12-16-93-05, it IS the policy of the Dlstnct to recommend
that the direct impact of development be voluntanly mitigated by the payment of fees and/or other
mitigation measures where appropnate
F The Developer has agreed to mitigate, on a voluntary basIs, the adverse impact of the
Project on the Dlstnct.
11\\1\1 \\\\\ 111\\ 1\1\\ \\1\1 \1\1\\1 \\\~~ \\1\ll\~ ~)\
YElM COMMUNITY SCHOOLS
3250357
Page 1 of 3
88/28/1999 81 a4P
Thurston COI WA
.
.C
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual promIses and
covenants below, the DIstrict and the Developer agree as follows
1 The Developer acknowledges and agrees that there is a dIrect impact on the DIstrict as
a result of the Developer's Project and that thIS Agreement is necessary as a result of that impact.
2 The Developer acknowledges and agrees that in order to mitigate the direct impact of
the Project, the Developer has offered to pay the Dlstnct the followlllg sum of money SIX hundred
fifty Dollars ($650 00 for each lot in the subdivision or the total sum of Eighteen Thousand Two
Hundred dollars ($18,20000) (the "MitIgatlOn Payment") for the 28 lots of the subdlvislOn.
3 Any extenslOn, renewal, modIfication or amendment to the Project that results III an
adjustment in the number of lots shall result in a correspondlllg pro rata adjustment in the MitigatlOn
Payment.
4 The Developer agrees that the payment of the full MitigatlOn Payment (in the amount
of SIX hundred fifty dollars ($650 00) per lot or EIghteen Thousand Two Hundred dollars
($18,20000) for the project, shall be a condItion of buildlllg permit Issuance and shall be made prior
to or at the time of bmldlllg permit Issuance for construction on a lot. Shoulc:l the Developer sell
portlOns of the development to contractors or other indIVIduals, the Developer will be responsible for
nOtIfYlllg the buyer of thIS mitigatlOn agreement and WIll notify the Distnct of the sale, providing the
name and address of the new buyer
5 The DIStrict agrees to record this Agreement after It has been executed by the partIes
6 The Developer acknowledges and agrees that the Mitigation Payment is authorized to
be used for capItal Improvements to the followlllg factlities Southworth Elementary School, Mill
Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other faCIlities
that may be affected by the Project and/or the purchase of portable faclhties and/or school buses
7 The Developer agrees that the DIstrict has five (5) years from the payment date to
spend the MitigatlOn Payment for the capital improvements or expenditures described in
paragraph 6 In the event that the MitIgatlOn Payment IS not expended withlll those five years, the
moneys will be refunded wIth interest at the rate apphed to Judgments to the property owners of
record at the time of refund, however, If the MitigatlOn Payment is not expended wIthin five years
due to delay whIch IS attributable to the Developer, the Payment shall be refunded wIthout lllterest.
8 The Developer waives and rehnqmshes Its nght to protest or challenge the payment of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that It
forever refrallls and desIsts from lllstitutlllg, asserting, filing or bnnging any lawsuit, litigation, claim,
or challenge or proceedlllg to challenge this Agreement, claIm any repayment or reimbursement of
funds, performance or improvements provided for therein, or any of Its terms and condItions, on any
ground or basis whatsoever
9 The Distnct hereby waives any objectlOn to the Project as presently proposed.
10 The Distnct and the Developer agree that the MitigatlOn Payment will be full and
complete mItigation for the Impact of the Project as presently proposed on the Distnct.
11 This Agreement shall be binding upon and mure to the benefit of the hem, executors,
admlll1strators, successors, and assigns of both of the Developer and the DIStriCt.
12 If an action must be brought to enforce the terms of thIS Agreement, such action shall
be brought III Thurston County Supenor Court. The prevmllllg party shall be entitled to payment of
its costs and reasonable attorneys' fees
13 ThIS Agreement constitutes the entire agreement between the parties and any other
agreement eIther written or oral shall be null and void.
1\\\\11 lllll 111\\ \\\\\ \11\1 \\1\\11 \1\\1 III \\11\ 1\~ ~\
YELM COMMUNITY SCHOOLS A~R
3250357
Page 2 of 3
S8!2S!1999 Sl S4P
Thurston COI WA
.fJ
EXHIBIT A
LEGAL DESCRIPTION
General LocatIOn IntersectIon of Canal Rd SE and Rhoton Rd. SE Y elm. Wash.
SectIOn .lli TownshIp 17 Range 2E
Land Area 6.56 acres
Tax Parcel Number 22718310300
DescriptIOn SubdIvIsion of 6.56 acres mto 28 single family budding lots ..
,~-
YELM COMMUNITY SCHOOLS DISTRICT NO 2 /n .11
DATED 7-1~- 99 _~~
By Alan Burke
Its SuperIntendent
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
I certify that I know or have satisfactory evidence that Alan Burke is' the person who appeared
before me, and said person acknowledged that he sIgned this mstrument, on oath stated that he was
authorIzed to execute the mstrument and acknowledged it as the Supenntendent of the Yelm
Commumty Schools DistrIct No 2 to be the free and voluntary act of such party for the uses and
purposes mentIOned m the mstrument. . ~ ' ,
GIVEN under my hand and official seal thIS eJ 3 day of , 1999," c, j / I ,
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TARYPUBLICln andfortheStat~.("<f;/ -;:)/".., ,n/
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Washmgton, resIdmg at f., d~ ("(. :, ..,~_ '. ).
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STATE OF WASHINGTON )
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COUNTY OF THURSTON )
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I certIfy that I know or have s
appeared before me, and said person
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to be the free and voluntary act of
GIVEN under my hand a
II I'" II 11I11\\\111I11 \\\1111\\\\ \11\
YELM COMMUNITY SCHOOLS AGR $16 66
3250357
Page 3 of 3
68,126/1999 61 64P
Thurstan Co, WA
...
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City of Yelm, Community Development Department
POBox 479
Yelm, WA 98597
(360) 458-3835 fax (360) 458-3835
Invoice No. CDD01-004
INVOICE ~
Customer
Name D.A. Randles Co
Address POBox 1077
City Eatonville
Phone (360) 832-8355
Date
Order No
Rep
FOB
3/30/01
SUB-01-8274-YL
Canal Estates
State W A 21 P 98328
Qty Description I Unit Price TOTAL
1 Bill from Cosmopolitan Engineering Group for Engineer $2,579 35 $2,579 35
review and Surveyor Review Fees.
SubTotal $2,579 35
Payment Details Shipping & Handling $000
0 Cash Taxes WA
@ Check I
o
TOTAL I
$2,57935 I
IOffice Use Only / .;. . .'
t Vd/ L!/ LV /H
f
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Please maJ<e check payable to the City of Yelm
Thank you
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Invoice Number' 2001057
Invoice Date: March 28, 2001
117 South 8th Street
Tacoma, WA 98402
.
InVOICe
To. City ofYelm
105 Yelro Avenue West
Yelm, WA 98597-0479
Attention.
Project. YLM002 City of Yelm - Plan Review
Manager' James K D' Ahoy
Professional Services for the Period. 3/1/01 to 3/31101
Professional Services
~
Canal Estates
Bill Houts
Bill Rate
James K. D'Aboy
PrincipaJ/Engineer IV
Canal Estate. Total:
8.00
11000
880 00
$880 00
8.00
Professional Services Totals
Total.
$880 00
Canal Estates
Direct Expenses
Expense
Fedex
Direct Expenses Totals
Subconsultants
Expense
Huitt-Zollars, Inc.
Subcon,ultants Totals
B1ll Units Unit Bill Rate ~
100 $12.92000 S12 92
Total. $12.92
Bill Units Unit Bill Rate ~.
100 1,68643200 1,68643
Total, $1,68643
Billing Group 2 Totals:
Billing Group Total:
$2,57935
~
133/28/213131
113 22
25327272513
COSMOPOLITAN ENGR
PAGE 133
. .__. ,._.. __ H_ -.-",.- --- --.-
Cosmopolitan Engineenng Group
ProjeC l YLM002
Invoice. 200 10~7
Match 28. 200 1
Page 20(2
Project Totals:
... Total Project lnvOIce Amount
$257935
Aged Receivables
Current
$2,57935
3 1-60 Days
$000
61-90 Days
$000
91-120 Days
$000
> 120 Days
$000
All ;mo;CSS are tbu ..pon rtetipi
Any flue4lions pletlU CGll Killen @25J/271.7120 or .mail: imJ@cosmogrp.com
"
03/28/2001 10 22
2532727250
COSMOPOLITAN ENGR
PAGE 01
_.__-""',,--.-.-.....-......-. .._.._'.1
!HGIHU~ING
G ~ 0 U P
Fax Cover Sheet
RECEIVED
MAR 2 8 2001
BY:
8111 and PacifIC
1 17 South Blt' Street
Tacoma. Washington 98402
(253) 272~ 7220
Fax (253) 272-7250
emall staff@cosmogrp com
Fax;
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. Comments:
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1)
FAX TRANSMISSION
CITYOFYELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX 360-458-4348
To: U;"-j 0tU\dL
Fax#: ]00 B~2 - ~ 3:;<0
From: 6J111 ~ (j;({ ~
Date: :>/7-1/0 /
Pages:.3 ' lllcludlllg tb.1s cover sheet.
Subject:
Hu~j tv 0P1 f f1zu /f/iJJIC~ pi
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CO:MMENTS
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If you do not receIve all copIes or an co .
soon as possible Y PY 15 not legIble, please call (360) 458-3244 as
ds:c '-office -forms'fax 3
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FAX TRANSMISSION
CITY OF YELM
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From: CtJ1t{f!- (!Pl{~
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'2
Pages: J . including this cover sheet.
Subject:
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COMMENTS
"''''
If you do not receive all copies or any copy is not legible, please call (360) 458-3244 as
soon as possible.
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Transmittal Letter
To:
Jeff Pantier
Date: March 27. 2001
Company: Hatton Godat Pan tier
Re: Canal Estates Final Plat
Address:
1840 Barnes Blvd. SW
File No. SUB-01-8274-YL
City, St Zip Tumwater. W A 98512
Name: Canal Estates
Items transmItted for
o ReVIew and comment
o As Requested
o
o
For your records
Other
Land Use CIvil Plan ReVIew Bmdmg SIte SubdIVISIOn EnVIronmental
ApplIcatIOn Plan ReVIew ReVIew ReVIew
X
Remarks
Attached please find comments from CosmopolItan Engineering Group regardmg survey reVIew,
BIll of Sale for watermain and sewer, Warranty Agreement, and edited copy of CCR's. These
changes must be complete pnor to final approval of plat.
If you have any questIOns, please gIVe me a call at (360) 458-4808
SIgned CathIe Carlson
Commumty Development DIrector
cc:
City of Yelm
YELM
WASHINGTON
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date
To
From
Re
March 27,2001
Planning Com~isyjon
Cathie Carlso~fCommunity Development Director
Final Plat for Canal Estates
Background
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 28, 1999 The project has been under construction for the last year and the applicant filed a
completed application for final plat on March 13, 2001
Applicant: Doug Randles, Randles Family LLC
Proposal 26 - Lot, Final Plat Approval for Canal Estates
Location The southwest corner of Rhoton Road and Canal Road
Planning Commission Action
The Planning Commission is required to review the Final Plat for compliance with the conditions of
approval placed on the preliminary plat. After the Planning Commission has reviewed the final plat
and is satisfied that all conditions have been meet the Planning Commission shall forward the plat to
the City Council for review and approval
Staff Recommendation
Staff recommends the Planning Commission forward the final plat to the City Council for approval,
provided
1 All engineering and surveying fees for the final plat review are paid prior to City
Council review
2. The applicant provides the City with acceptable documentation that the site fill has
been compacted to 95% density (See Pg 2, Item #8)
3 The applicant provides the City with acceptable documentation that the hydrological
testing for high ground water was completed (See Pg 5, Item #26)
4 Tract "A" Open Space is amended to read Tract "A" Stormwater Facility and the open
space fee in-lieu of dedication is paid in full prior to City Councils review (See Pg 5,
Item # 28)
5 The applicant provides the City with an executed Assigned Savings Account
Agreement for $2077 50 (See Pg 5, Item # 30)
Conditions of Approval
Transportation - Conditions of Approval
1 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family dwelling
unit generates 1 01 new pm peak hour trips As proposed the development would generate
26 new pm peak hour trips The Concurrency Ordinance requires that impacts to the
transportation system from new traffic be mitigated through the Transportation Facility
Charge of $757 50 per new single family dwelling unit. The TFC is payable at time of
building permit issuance
TFC fees are collected at time of building permit issuance.
2. The applicant shall be responsible for half-street improvements along the site's frontage on
Rhoton Road and Canal Road The off-site roadway section is "Neighborhood Collector"
(detail attached) The frontage improvements include lane improvements, curb, planter strip,
sidewalk, landscape and storm drainage The on-site roadway section is "Local Access
Residential" (detail attached)
Completed. The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat.
3 The applicant shall dedicate sufficient right of way on which to construct the half-street
improvements These improvements shall be constructed with the sub-division
Completed The face of the final plat dedicates the required right-of-way
4 Access will be limited to one full access on Rhoton Road and one full access on Canal Road,
per the preliminary plan submitted by the applicant to the City
Completed.
5 Road design shall meet the intent of the City's Development Guidelines
Completed
6 Street lighting shall be installed on the north side of the internal loop road
Completed
7 Sidewalks shall be installed on the north side of the internal loop road
Completed.
Site Grading - Conditions of Approval
8 Site grading and fill placed on the proposed site shall be compacted to 95% density per the
Page 2 of 6
City's Development Guidelines
Documentation requested.
9 The applicant shall leave a minimum of 10 feet of undisturbed soil between the property line
and the toe of the slope on the West Side of Lots #8-15
Completed.
Water - Conditions of Approval
10 The applicant shall connect each lot to the City water system The connection fee for each
dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of
water consumption per day) The ERU fee is established by City resolution and is payable at
time of building permit issuance The meter fee is established by City resolution and is
payable at time of building permit issuance
The extension of water service to each lot is complete. Fees for hook-up are
collected at time of building permit issuance.
11 The onsite water line installation shall be looped to afford maximum fire protection as per the
Uniform Fire Code
Completed.
12 All water connection fees are due at time of building permit issuance
No action required at this time.
13 To ensure compliance with the City's 1995 Water Comprehensive Plan, the Applicant shall
connect to the 8 inch main at the intersection of View Drive and Rhoton Road The 8-inch
water main shall be extended to the intersection of Canal Road The 1 a-inch water main
shall be installed from the intersection of Rhoton Road west along Canal Road to the west
property line of Canal Estates
Completed
14 As per City of Yelm "Development Guidelines" minimum hydrant spacing shall be 660 linear
feet on the internal loop road In addition, a hydrant shall be placed at the north edge of the
proposed cul-de-sac
Completed
15 With the consent of the City Council, a latecomer's agreement will be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
16 Water lines and fire hydrants shall be installed on the north side of centerline of the internal
Page 3 of 6
loop road
Completed.
Sanitary Sewer - Conditions of Approval
17 The applicant shall connect to the City STEP sewer system The connection fee for each
dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of
water consumption per day) The ERU fee is established by City resolution and is payable at
time of building permit issuance A $135 00 inspection fee shall be paid for each onsite
installation
The extension of sewer service to each lot is complete and the inspection fee
has been paid. Fees for hook-up are collected at time of building permit
issuance.
18 Upon completion of the onsite installation as per the City's Development Guidelines, the
STEP sewer equipment shall be deeded to the City by easement.
Completed The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat. Easements are provided on the face of the
plat.
19 All sewer connection fees are due at time of building permit issuance
No action required at this time.
20 STEP collector lines shall be installed on the north side of centerline of the internal loop road
Completed
21 To ensure compliance with the City's 1998-Sewer Comprehensive Plan, the Applicant shall
connect to the 4 inch main at the intersection of View Drive and Rhoton Road The 4 inch
sewer main shall be extended to the intersection of the internal connector road The 4 inch
sewer main shall be installed along the north side of the internal connector road to the
intersection of Canal Road
Completed.
22. With the consent of the City Council, a latecomer's agreement shall be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
Storm Water - Conditions of Approval
23 The applicant shall design and construct all storm water facilities in accordance with the DOE
Storm Water Manual, as adopted by the City of Yelm Best Management Practices (BMP's)
are required during construction of the storm water facilities
Completed.
Page 4 of 6
24 The applicant shall compile a final storm water report along with construction drawings
Completed.
25 The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
Completed
26 The applicant shall conduct hydrological testing to ensure the site is not subject to unusual
high groundwater The applicant will identify areas of ponding and potential effects
associated with planned fills
Documentation Requested.
Design Standards - Conditions of Approval
27 The applicant shall utilize the City's Development Guidelines as a guide to develop project
civil drawings
Completed.
Open Space - Conditions of Approval
28 The fee-in-lieu of for the project site is $11,001 76 The fee-in-Iieu of is payable prior to final
plat approval
Tract "A" is incorrectly labeled as open space. Tract "A" is the stormwater
facility for the site and does not qualify as Open Space The fee has not been
paid as of March 27, 2001. The applicant shall pay the fee prior to City Council
review on April 11, 2001
SEPA Mitigation - Conditions of Approval
29 The applicant shall enter into an agreement with the Yelm School District to mitigate impacts
to the school district. The applicant shall provide the City with a recorded copy of the
agreement. All mitigation fees shall be paid by the applicant prior to building permit issuance
Completed
Landscape - Conditions of Approval
30 The applicant shall landscape the stormwater facilities in accordance with Chapter 17 80 of
the YMC
Partially complete. The stormwater facility and the western property boundary
require additional plantings. The applicant has submitted an assigned savings
of $2077.50 which includes money for the landscaping and 6 street signs.
31 The applicant shall landscape the planter strips for all streets as per the YMC
Completed.
Page 5 of 6
32. The 15' stormwater facility easement located between the cul-de-sac and the stormwater
retention pond shall be landscaped along the easement boundaries which are adjacent to
residential lots The landscaping shall effectively delineate the easement to ensure
neighboring properties do not encroach upon the easement.
Completed.
33 The applicant shall submit a final landscape and irrigation plan to the Planning Department
for approval
Completed
Page 6 of 6
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EASESMENTSIRESTRICTIONS
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R~STRICrro ACCf:SS S'TRIP(HA TCHF:D AR~A)
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TRACT "..." AHD LOT 16 IS RcSTR/Crro TO TH~
INTeRNAL ROADWA YS ONt Y NO ~ICULAR
ACcrSS TO AND FROIJ CRYSTAL SPRINGS ROAD
AND RHOTON ROAD SHALL B~ PU1MIT1ED
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GRANTf:D TO 1rIc CANAL ~STA Tf:S
HOIJ~O'frflER'S ASSOClA 7/ON.
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ACCORDING TO SURI-EY AF /8409280006
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CI4 83 19 15' 72 00
CI5 1533'36" 7200
CI6 90 S5 'OJ" 35 00
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CI8 2 59 12" 1465 00
CI9 I 49 '29" 1455 00
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C25 1 0/.0 16' 128 00
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145 42
S4 98
39.27
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S2 45
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104 70
19 55
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46 66
37 75
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********** COMM. JOURNAL **************************************** DATE Mar 27-2001 **** TIME 12 35 ********* Page 01 **
MODE Memory Transmission
F i I e No. 084
Start Mar-27 12 33
End Mar 27 12 34
OK
Station Name / Tel No
94588417
Pages
Durat ion
Stn No Comm. ABBR No
001
006/006 00 00 51
CITV OF VELM-COMM DEV
***************************************************************** VELM COMM DEV
***
360 458 3144- **********
FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 '!'ELM AVE W
YELM WA 98S97
360-4S8-:3a44
FAX: 360-458-4348
To: ::!i plitt It ie-J TIJ1i'---
Fax#: 456 ~ ;31/1
From: & l h (t- G. f ( )CI'\
nate:3ft I/C'i
Pages: 0-:. , including this cover sheet.
Subject:
COMMENTS- 7-- ;'11 1f7.5IA1"7"1v11 a. ( ( I it 'fl<' /vn6!"!:I; /If I( 5 f /u du/e...
1111-5 6./<r!.11 r,fcM (_ i__1 ptU ') ---5().i; s -r-cflc.~ j)( r -It L-
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[c./ (f h * C(j / Jj::. L:;- cf-' ~ Z<k-
~n~5-
**
If you do not receive all copies or any copy IS not legible, please call (360) 458-3244 as
soon as possible.
YELM
WASHINCTON
FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX. 360-458-4348
To: :J(plljt~ItI~) 71 ~
Fax#: 4-)13 -- S4/7
From: ~j/h (e- Cr 1)611\
nate::3/z"1/0 I
Pages: fp , rncludrng this cover sheet.
Subject:
COMMENTS 7- irt 1f75i/(ffl 1//1 ai ( I I/;lpl () i/Ul6rf(! IIltt J f;cjufe.
/1I1S pecfl dOflG 7v pay) ,'~Jis f<--/7CJi.- fJ.f/ lie...-.
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**
If you do not receIve all copIes or any copy IS not legible, please call (360) 458-3244 as
soon as possIble
dsjc\office Jonns'fax 3
Date March 27,2001
To Planning Commission
From Cathie Carlson, Community Development Director
Re Final Plat for Canal Estates
Background
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 28, 1999 The project has been under construction for the last year and the applicant filed a
completed application for final plat on March 13, 2001
Applicant: Doug Randles, Randles Family LLC
Proposal 26 - Lot, Final Plat Approval for Canal Estates
Location The southwest corner of Rhoton Road and Canal Road
Planning Commission Action
The Planning Commission is required to review the Final Plat for compliance with the conditions of
approval placed on the preliminary plat. After the Planning Commission has reviewed the final plat
and is satisfied that all conditions have been meet the Planning Commission shall forward the plat to
the City Council for review and approval
Staff Recommendation
Staff recommends the Planning Commission forward the final plat to the City Council for approval,
provided all engineering fees for the project review and the open space fee in-lieu of dedication is
paid in full prior to City Councils reviewO
Conditions of Approval
Transportation - Conditions of Approval
1 Consistent with City of Yelm Ordinance 580, Concurrency Ordinance, a single family dwelling
unit generates 1 01 new pm peak hour trips As proposed the development would generate
26 new pm peak hour trips The Concurrency Ordinance requires that impacts to the
transportation system from new traffic be mitigated through the Transportation Facility
Charge of $757 50 per new single family dwelling unit. The TFC is payable at time of
building permit issuance
TFCfes are collected at time of building permit issuance.
2. The applicant shall be responsible for half-street improvements along the site's frontage on
..
Rhoton Road and Canal Road The off-site roadway section is "Neighborhood Collector"
(detail attached) The frontage improvements include lane improvements, curb, planter strip,
sidewalk, landscape and storm drainage The on-site roadway section is "Local Access
Residential" (detail attached)
Completed The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat.
3 The applicant shall dedicate sufficient right of way on which to construct the half-street
improvements These improvements shall be constructed with the sub-division
Completed. The face of the final plat dedicates the required right-of-way.
4 Access will be limited to one full access on Rhoton Road and one full access on Canal Road,
per the preliminary plan submitted by the applicant to the City
Completed
5 Road design shall meet the intent of the City's Development Guidelines
Completed.
6 Street lighting shall be installed on the north side of the internal loop road
Completed
7 Sidewalks shall be installed on the north side of the internal loop road
( Completed.
-)
Site Grading - Conditions of Approval
@
Site grading and fill placed on the proposed site shall be compacted to 95% density per the
City's Development Guidelines
~~-;J - N.u~
._--_.~_.,--"
The applicant shall leave a minimum of 10 feet of undisturbed soil between the property line
and the toe of the slope on the West Side of Lots #B-1118 -1.0
10 f(O(/ldJ jG~'
9
Completed.
Water - Conditions of Approval
10 The applicant shall connect each lot to the City water system The connection fee for each
dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of
water consumption per day) The ERU fee is established by City resolution and is payable at
time of building permit issuance The meter fee is established by City resolution and is
payable at time of building permit issuance
The extension of water service to each lot is complete. Fees for hook-up are
collected at time of building permit issuance.
11 The onsite water line installation shall be looped to afford maximum fire protection as per the
Uniform Fire Code
Completed.
12. All water connection fees are due at time of building permit issuance
No action required at this time.
13 To ensure compliance with the City's 1995 Water Comprehensive Plan, the Applicant shall
connect to the 8 inch main at the intersection of View Drive and Rhoton Road The 8-inch
water main shall be extended to the intersection of Canal Road The 1 a-inch water main
shall be installed from the intersection of Rhoton Road west along Canal Road to the west
property line of Canal Estates.
Completed
14 As per City of Yelm "Development Guidelines" minimum hydrant spacing shall be 660 linear
feet on the internal loop road In addition, a hydrant shall be placed at the north edge of the
proposed cul-de-sac
Completed.
15 With the consent of the City Council, a latecomer's agreement will be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
16 Water lines and fire hydrants shall be installed on the north side of centerline of the internal
loop road
Completed
Sanitary Sewer - Conditions of Approval
17 The applicant shall connect to the City STEP sewer system The connection fee for each
dwelling is based on Equivalent Residential Unit usage (each ERU equals 240 gallons of
water consumption per day) The ERU fee is established by City resolution and is payable at
time of building permit issuance A $135 00 inspection fee shall be paid for each onsite
installation
The extension of sewer service to each lot is complete and the inspection fee
has been paid. Fees for hook-up are collected at time of building permit
issuance.
18 Upon completion of the onsite installation as per the City's Development Guidelines, the
STEP sewer equipment shall be deeded to the City by easement.
Completed The applicant has submitted a bill .of sale for the improvements thC}1)
will be recorded with the final plat. ~~(I,1?IL-t, ~rG tlriJ/{cLecJ.--c1- .~ f~
I Of 1110 iOlCI1-t-f
All sewer connection fees are due at time of building permit issuance I
19
No action required at this time.
20 STEP collector lines shall be installed on the north side of centerline of the internal loop road
Completed.
21 To ensure compliance with the City's 1998-Sewer Comprehensive Plan, the Applicant shall
connect to the 4 inch main at the intersection of View Drive and Rhoton Road The 4 inch
sewer main shall be extended to the intersection of the internal connector road The 4 inch
sewer main shall be installed along the north side of the internal connector road to the
intersection of Canal Road
Completed.
22 With the consent of the City Council, a latecomer's agreement shall be entered into for
applicable benefit properties
The applicant has not requested a latecomer's agreement.
Storm Water - Conditions of Approval
23 The applicant shall design and construct all storm water facilities in accordance with the DOE
Storm Water Manual, as adopted by the City of Yelm Best Management Practices (BMP's)
are required during construction of the storm water facilities
Completed.
24 The applicant shall compile a final storm water report along with construction drawings
Completed.
~ The applicant shall submit a storm water operation and maintenance plan to the Public
GJ Works Department for approval prior to final plat approval
Check with Public Works.
8
The applicant shall conduct hydrological testing to ensure the site is not subject to unusual
high groundwater The applicant will identify areas of ponding and potential effects
associated with planned fills
Check with Public Works.
/I/Le
Design Standards - Conditions of Approval
27 The applicant shall utilize the City's Development Guidelines as a guide to develop project
civil drawings
Completed
Open Space - Conditions of Approval
28 The fee-in-Iieu of for the project site is $11,0001 76 The fee-in-lieu of is payable prior to
final plat approval
The fee has not been paid as of March 27, 2001. The applicant shall pay the fee
prior to City Council review on April 11 , 2001
SEPA Mitigation - Conditions of Approval
29 The applicant shall enter into an agreement with the Yelm School District to mitigate impacts
to the school district. The applicant shall provide the City with a recorded copy of the
agreement. All mitigation fees shall be paid by the applicant prior to building permit issuance
Completed.
Landscape - Conditions of Approval
30 The applicant shall landscape the stormwater facilities in accordance with Chapter 17 80 of
the YMC
Partially complete. The stormwater facility and the western property boundary
require additional plantings. The applicant has submitted an assigned savings /}U-r--
of $2077.50 which includes money for the landscaping and 6 street signs.
31 The applicant shall landscape the planter strips for all streets as per the YMC
Completed.
32 The 15' stormwater facility easement located between the cul-de-sac and the stormwater
retention pond shall be landscaped along the easement boundaries which are adjacent to
residential lots The landscaping shall effectively delineate the easement to ensure
neighboring properties do not encroach upon the easement.
Check - me--
33 The applicant shall submit a final landscape and irrigation plan to the Planning Department
for approval
Completed.
********** COMM. JOURNAL **************************************** DATE Mar 26-2001 **** TIME 10 05 ********* Page 01 **
MODE Memory Transmission
F i I e No 078
Start Mar-26 10 05
End Mar 26 10 05
001
Comm. A BBR No.
OK
Station Name / Tel No.
83576288
Pages
Durat ion
Stn No
002/002 00 00 18
-CITY OF YELM-COMM DEV
***************************************************************** YELM COMM DEV
***
360 458 3144 **********
FAX TRANSMISSION
CITY OFYELM
PO BOX 479 - 105 YELM AVE w
YE:LM WA 98597
:300-456-32-44
FAX. 300-456-4348
To: 1:;; i?:v lftC(-
Fax#: 3j'1~-&'Z?1
From: r1.f11d./ ad~'~
Subject:
nate:.3/iCr'(o I
Pages: 2~, mcludmg this cover sheet.
COM:MENTS
**
If you do not receive all copies or any copy is not legible, please call (360) 458-3244 as
soon as possible.
Facsimile Cover Sheet
To: Stephanie Conners
Company: City of Yelm
Phone:
Fax: 458-8417
From: Cathie Carlson
Company:
Phone: 943-0992
Fax:
Date: 3/23/2001 11 :30am
Pages including this
cover page: .A'"
Comments: IfUj ----
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Mar 22 01 01:23p
3808328358
p.2
From: Doug 0( Amy Randle! FalC +1 (361J)832-B356
To" Arrrt
Doug and Kerri Randles
Fax: 0013608328356
Pege 1 Dr 1 Thu rsday, March 22. 2001 12:26 PM
IFAX
To: Amy
Phone
Fax Phone 0013608328356
I Date. I Thursday. March 22. 2001
I Pages including cover sheet: 11
Fro m : Doug or Amy Randles
Randles' Family LLC
PO Box 1077
Eato nville
Wash 98328
Phone +1(360)832-8355
Fax Phone +1(360)832-8356
C",Ll'.le:: ,
Here are the estimates for the dedicated savings account
25 shrubs for the western property line $20 each $500
20 trees instde the storm drainage pond $20 each $400
6 street signs $65 each plus hardware at $95 total $485
The total for all items is C1305, this multipli.~d by 150'1. equals
$2077 50 If this meets your approval please fax me at (360) 832-8356
and I will set up the a:;count If I need to make an:,.' changes please
let me know as soon as possible
Thank You
Doug Randles
~,L vJ I ~~'1
o J \W 1(7 I
p
.Mar 22 01 01: 23p
Doug and Kerri Randles
3608328356
p. 1
FAX COVER SHEET
RANDLES' FAMILY LLC
DA RANDLES' CO.
PO Box 1077
Eatonville, WA 98328
USA
253-219~3899
36o-832~8356 Fax
FROM:
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RE. d:l
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Fax number
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Project:
Attention
Date
Phone number
2..1......-.f'1 y"" 2 x--""?~6'
JI{. 'c-' 'J J () .J _~,
o Urgent
o Reply ASAP
o Please comment 0 Please review 0 For your Information
Total pages, including cover
2.
COMMENTS
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Memorandum
~NGIN~~~ING
G ~ 0 U P
117 South 8th Street
Tacoma, WA 98402
Phone (253) 272-7220
Fax (253) 272-7250
jkd@cosmogrp com
DATE: March 21,2001
TO. CathIe Carlson @ CIty ofYelm
FROM: JIm D'Aboy ) KO
RE Canal Estates SubdIvIsIOn
FILE' YLM.002
CC' File
We have completed our reVIew of the provIded mformatIOn on the above referenced proJect. Pursuant to
our reVIew, please find attached the followmg:
. Surveyor plat reVIew comments and redlmes.
. Engmeer reVIew comments and markup on ProtectIve CCE&R's.
. Engmeer reVIew comments on meetmg of Fmal Plat CondItIons
The surveyor comments are pretty straIghtforward and don't really reqmre any explanatIOn. My reVIew
of the CCE&R's IS also pretty straIghtforward. The document seems to be a typIcal CCE&R document,
wIth all the protectIOn to the declarant and developer The document seems to be reasonably complete,
although I dIdn't compare It to any other CCE&R document for sImilanty, assummg that the authors
would mc1ude what they wanted. My reVIew of the meetmg of Fmal Plat CondItIons was somewhat
lImIted, due to the lack of Engmeenng Plans mc1uded m your packet. I assume you are happy wIth the
Engmeenng Plans smce you dIdn't mclude them. If not, please call to dISCUSS.
Regardmg contract Issues, we are happy usmg our old plan reVIew contract for Prame Plaza, wIth the
updated rates we provIded you as part of our recent park proposal package If that IS not acceptable to
you, please let me know and we can make any necessary modIficatIOns.
Please-call wIth any questIOns.
Yellll Canal Estates Subdivision Review Letter
Page 1
Huitt-Zollars, Inc./302 South 9th Street I Suite 101 J Tacoma. VVasllington 98402 3602 Phone 1253) 627-9131 Fax (2531 627-4'30
._.._~.._..,~------_._..__.__._~---------_.__.._._-------_.^"------_._._.~------_._-_._----~----,....--'---_.
March 21, 2001
Jim D'Aboy, PE
Cosmopolitan Engineering Group
117 South 8th Street
Tacoma, WA 98402
Catherine Carlson, City Planner
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, WA 98597
Re Plat of Canal Estates - Survey Review
Dear Jim and Catherine
Huitt-Zollars has completed the survey review of the above referenced plat and have the following comments.
1 The legal description on the face of the plat and the title report does not completely reflect the property
shown There is an exception for the south 20 feet which is not reflected on the plat. Either the plat needs to
be corrected or the legal description and title report need to be revised
2. The City should provide the addresses and zip code for the lots. Surveyor should place addresses on each
lot.
3 Revise the word in "deeded" in note 7 on page two to "dedicated" to match the wording of the Dedication on
page one and other wording used on page two
4 Add note 8 - "Additional right of way along Canal Road and Rhoton Road hereby dedicated to the City of
Yelm"
5 Correct AF numbers in lower left corner of page two
6 Revise "restricted access hatching" to heavier line weight. Current line weight will probably not scan well
7 Add the distance along south line of NE1/4 of SW1/4 Tic marks shown but no distance
8 Call out where the 2725 47' dimension along south line is to
9 Call out where the 2650 53' dimension along the center of Rhoton Road is to
10 Revise easement number 3 in the northwest corner of the plat so it does not cross easement number 1
11 Add dimensions along the property line or along the centerline of Canal Road to define where the centerline
of Canal Estates Drive SE is.
12. Does the City require the acreage or square footage or each lot on the face of the plat? If so, then survey
should label each lot with acreage or square footage
13 The distance along the east property line is 446 38 in the lot closure report, plat shows 446 34, which is
correct?
14 On page one the Acknowledgments the witness dates have 19_. update to 20_
15 Item 32 of Preliminary Plat Approval Letter references a 15' wide stormwater facility easement between the
Cul-de-sac and the stormwater retention pond This easement is not shown on the plat. It may no longer be
needed but should be reviewed by the City to verify it is not needed
16 Remove line through curve callout C17
We've enclosed a redlined markup for your use Please feel free to call us if you have any questions about the
above survey plat review Once the surveyor has made the above changes, we can review the plat again if you
would like
Sincerely,
Huitt-Zollars
~ r -_/
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Blair E. Prigge: PLS, E--r.TJ
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[--llila.' i F~)rl '/orni I Hl1ustrlfl Ei P~19) Pho(~r)1 111__,1111 I (lfl;;:II(" I-<il- I(JI)I':l I ')(::,l::if' f :r'r
WARRANTY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS. That
WHEREAS Randles Family, LLC, (hereinafter referred to as the "Owner"), has applied to the
City ofYelm, a political subdivIsIon of Thurston County of the State of Washington, (hereinafter referred
to as the "City") for the approval by the City of a certain plat of a subdlVlsion to be known as Canal
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 public use as streets, alleys and other rights of
way, and other public facilities and improvements, and
WHEREAS, It is necessary in the interest of public welfare that the areas so offered to be
dedicated be constructed in accordance with the specifications heremafter set forth, and
WHEREAS, in accordance with the tenns ofRCW 58 17 and Title 16 of the Yelm Municipal
Code, the City has adopted subdIvision regulations which require that all unprovements be constructed m a
manner consIstent with the City's development regulatlOns;
NOW THEREFORE, to induce the City to approve said plat and to accept the dedicatlOn of Said
areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise
and agree to and with the City as follows
1 The Owner unconditionally warrants to the City, Its successors and assigns that, for a penod of twelve
(12) months from the date offmal plat approval, thejmprovements requITed 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 speCIfications of the Development GuidelInes of the CIty Upon
any breach of the foregoing Warranty and without limiting the City'S remedies for breach of warranty,
the Owner agrees to promptly repaIr 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 oblIgations under this agreement, the City shall
have the right to construct or cause to be constructed, repaIred or replaced pursuant to publIc
advertIsement and receipt and acceptance of bids, said streets, utilIties and other unprovements, as
shown on said plat, and the Owner shall be liable to pay to and mdemmfy the City, upon completlOn of
such constructlOn, the fmal total cost to the City thereof, mcluding but not limited to, engmeenng, legal
and contingent costs together WIth any damages, either dIrect or consequential, which the City may
sustam on account of the fatlure of the Owner to carry out and execute all of the provlSlons of thiS
agreement.
3 The obltgatlons Imposed or unplted 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 \vritten consent of the City
Page I of 1
r A
-r
'"
IN WITNESS WHEREOF, THE OWNER has executed this agreement this _ day of
,2001
Owner
By"
CITY OF YELM
By'
Page 2 of 1
E.\office\JOBS\2000\OO-037\OO-037 Warnnity Agreement.doc
'0
BILL-OF -SALE SEWER
ThIS Bill of Sale IS made and executed thIS _ day of , by and between
William R. and Margo S. Cowles, owners; and Randles Family LLC, Contract Purchaser, hereinafter
called the "Grantors" and the CITY OF YELM, a MunicIpal Corporation, hereinafter called the "Grantee"
WI1NESSETH.
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 following described personal
property sItuated m.Thurston County, State of Washington, TO WIT
All samtary sewers together WIth force main valves and boxes, c1eanouts, piping and all other
appurtenances as extended from the existIng facilIties located m Rhoton Road at the intersectIOn
with View Dnve and runnmg northerly ill Rhoton Road 638-feet, more or less thence westerly and
northerly withm the dedicated nghts-of-way WIthIn the plat of Canal Estates; thence runnmg
westerly in the Canal Road nght-of-way form ItS intersectIOn WIth the dedicated nght-of-way of
the plat of Canal Estates 158-feet, more or less.
The Grantors hereby warrant that they are the sole owners of all ~e 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 making clarm thereto.
Dated at Yelm, Washington thIS _ day of
,20_
WIlham R. Cowles
Margo S Cowles
Randles Family LLC
Pagelof2
..
STATE OF WASHINGTON)
) ss
COUNTY OF )
On thIs day and year above personally appeared before me, 'Villiam R. and Margo S.
Cowles, husband and wife knO\Vl1 to be the mdlVlduals described, and who executed the
foregomg mstrument and acknowledge that they sIgned the same as therr free and voluntary act
and deed for the uses and purposes there ill menTIoned.
GlVen under my hand and officIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg ill
My commlSSlOn exprres
STATE OF WASHINGTON)
) S8
COUNTY OF )
On thIS day and year above personally appeared before me,
known to be the mdIvIdual(s) described, and who executed the
foregomg mstrument and acknowledge that (he, she, they )slgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentlOned.
GIven under my hand and offiCIal seal thIS day of , 200_
Notary PublIc ill and for the State of
Washmgton, resldmg ill
My commISSIOn expIres
System accepted by the CIty ofYelm thIS _ day of
,20_
CITY OF YELM -
By.
E. ".1lij~~ krnIJO-OlJonO-037 (10-03'" BOS s~\\~rdoc
Page 2 of2
'"
BILL-OF -SALE W A TERlVIAIN
ThIS Bill of Sale IS made and executed thIS _ day of , by and between
William R. and Margo S. Cowles, owners, and Randles Family LLC, Contract Purchaser, heremafter
called the "Grantors" and 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 property
sItuated in Thurston County, State of Washington, TO WIT
All water mains together WIth valves, valve boxes, hydrants, pIping, fittings, and all other
appurtenances as extended from the eXIstmg facihties m Rhoton Road at the mtersectlOn WIth
View Dnve and running northerly m the Rhoton Road nght-of-way, l,OOO-feet, more or less to
Canal Road, thence westerly m the Canal Road nght-of-way 635-feet, more or less.
ALSO, as extended wIthin the dedicated nghts-of-way in the plat of Canal 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 makmg clarm thereto
Dated at Yelm, Washington thIS _ day of
,20_
Wilham R. Cowles
Margo S Cowles
Randles Fam!ly LLC
Page 1 of2
J. 1>
ST ATE OF WASHINGTON)
) ss
COUNTY OF )
On thIS day and year above personally appeared before me, 'William R. and Margo S.
Cowles, husband and wife knO\VI1 to be the mdlVlduals described, and who executed the
foregomg mstrument and acknowledge that they sIgned the same as therr free and voluntary act
and deed for the uses and purposes therem mentIOned.
GIVen under my hand and officIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My cormmsslOn expIres
STATE OF WASHINGTON)
) S5
COUNTY OF )
On thIS day and year above personally appeared before me,
known to be the mdIvIdual(s) described, and who executed the
foregomg mstrument and acknowledge that (he, she, they )sIgned the same as theIr free and
voluntary act and deed for the uses and purposes therem mentIOned.
GIven under my hand and officIal seal thIS day of , 200_
Notary PublIc m and for the State of
Washmgton, resIdmg m
My comrmSSIOn expIres
System accepted by the CIty ofYelm thIS _ day of
,20_
CITY OF YELM
B;....
F. oUice kroOO-00000-03~. 00-037 BOS se\\er doc
Page 2 of2
After Recordmg Return to
Bryce H. DIlle
of Campbell, Dille, Barnett, Smith & Wiley, PLLC
317 South Meridian
Puyallup, WA 98371
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS FOR
CANAL ESTATES
Grantor' Randles Family LLC, a Washington limited liability company
Grantee Canal Estates
Legal Descnption (abbrevIated) LO~S In26 of camrl~. Plat recorded under
Thurston County Auditor's Recordi No __ _ "'-
Assessor's Tax Parcel No 2271831 00
The Declarant herem as the owners in fee of the real property legally descnbed m this
Declaration, hereby covenant, agree, and declare, that all of the propertIes and housing umtev
constructed on the properties are and will be held, sold, and conveyed subject to this Declar ion;
which is made for the purpose of enhancing and protecting the value, the desirability and
attractIveness of the properties for the benefit of all the properties and then owners. The
covenants, restnctions, reservatIOns, and conditIOns, contamed m this DeclaratIOn shall run WIth
the land as easements and equitable servitudes, and shall be binding upon the propertIes and each
portIOn thereof and all persons ownmg, purchasing, leasmg, subleasing or occupying any lot on
the properties and upon their respective heirs, successors and assigns.
ARTICLE ONE- DEFINITIONS
For purposes ofthe Declaration, Articles ofIncorporation and Bylaws of the Association,
certain words and phrases have particular meanings, WhiCh are as follows
1 "ACC" shall mean the ArchItectural Control CommIttee, as descnbed m thIS
Agreement.
2 "ArtIcles" shall mean the ASSOClatlOn's artIcles of mcorporation and any amendments
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~~!'!~~res~cc~R'sRESTRICTIONS Page 1 of 33
3 "AssocIation" shall mean the Canal Estates Homeowner's AssocIation formed as a
nonprofit corporation for the purpose of administenng this Declaration.
4 "Board" or "Board of Directors" shall mean the Board of DIrectors of the Association.
5 "Bylaws" shall mean the Association's Bylaws and any amendments
6 "Common Areas" shall include but not be limIted to Tract A as delmeated on Canal
Estates Common areas shall also mean the prop'erty both real and personal in whIch the
Association has been granted an ownership interest, easement, or nght of control by any written
mstrument including this Declaration or by delineation and declaratIOn of the same on the plat
map recorded as referred to above
7 "Declaration" shall mean this Declaration of Protective Covenants, CondItIOns and
Restrictions
8 "Developer-Declarant" The Developer and De ant shall mean Randles FamIly,
L.L.C , a Washington limited liability company. How eJDe eloper shall also include any
entlty which purchases multiple lots from Randles Fat il . C for the purposes of
constructmg resIdences thereon. Until such tIme as Randles FamIly, L.L C or any other entIty
purchasing multIple lots has sold all the lots by that party, then such party shall Jointly exercise
all rights reserved to the Declarant as set forth in this DeclaratIOn. At any time as such party has
sold or conveyed all the lots held by that entity then that party shall no longer be considered a
Developer or Declarant.
9 "Development Period" shall mean the period oftlme from the date ofrecordmg of
this Dec1ar n until 180 days after the date upon which 100% of the lots have been sold by the
Devel r .or y shorter penod, as determined by the Developer A partial delegatIOn of
autho ty he Developer of any of the management duties described in thIS Declaration shall
not terminate the development period. In the event any loans with respect to any of the lots are
insured through the Federal Housing Administration (FHA), the Veteran's Administration (V A),
the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage
CorporatIOn, then in that event, the Development Period shall terminate at such time as 75% of
all of the lots have been closed and sold to other than builders.
10 "Housmg Unit" shall mean the buildmg occuPYll1g a Lot.
11 "Institutional Fust Mortgagee" or "Mortgagee" shall mean a bank or savmgs and
loan assocIation or establIshed mortgage company, or other entIty chartered under federal or state
laws, any corporation or insurance company or state or federal agency which holds a first.~ or
deed of trust agall1st a Lot or Housll1g Unit thereon. (}o/'E..
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~~J~,~~I~cc~R.~STRICTIONS Page 2 of 33
12 "Lot" shall initially refer to one of the Lots located in the Real Property described in
the Plat of Canal Estates.
13 "Member" shall mean every person or entIty that holds a membershIp m the
Association.
14 "Mortgage" shall mean a mortgage or deed of trust encumbenng a Lot or other
portIOn of the Properties.
15 "Owner" shall mean the recorded owner of a Lot, whether one or more persons or
entities, but excluding those havmg such interest merely as secunty A real estate contract
purchaser shall be deemed the Owner
16 "Person" shall mean a natural person, a corporation, a partnership, trustee or other
legal entity
17 "Real Property" that is subject to this Declaration is legally described as Lots 1
through 26 of Canal Estates
18 "Sale" or "Sold" shall mean the date upon which ownership of a Lot IS transferred
from an Owner to another person or entity by recordatlOn of an mstrument of transfer such as a
deed or real estate contract.
ARTICLE TWO: MANAGEMENT OF COMMON
AREAS AND ENFORCEMENT OF DECLARATION
Section One Development Period. During the development period the Declarant Canal
Estates shall appomt the sole dIrector of the AssociatIOn. The Declarant may also appoint members
of the Association to other committees or pOSItions in the AssocIation as the Declarant deems
appropriate to serve at the Declarant's dIscretion and may aSSIgn such responsibilItIes, pnvIleges,
and dutieS to the Members as the Declarant determines for such time as the Declarant determines
Any member appomted by the Declarant during the development period may be dlsmissed at the
Declarant's dIscretion. The Declarant shall also appoint members to the Arclutectural Control
CommIttee At such tIme as the Declarant has sold and conveyed all lots, then the Declarant may
resign as a director of the Association and from any other committees for the duration of the
development.
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COVENANTS, CONDITIONS,
~~~~~~!:Ics~cc~R'sRESTRICTIONS Page 3 of 33
At such time as the Declarant has sold and conveyed all lots then any Developer as
defined in tIllS Agreement for the duration of the development period shall be entItled to appoint a
director to the AssociatlOn as well as a Member to the Architectural Control Committee
SectIOn Two Purpose of Development Penod. The Developer's control of the AssociatlOn
durmg the Development Period is establIshed in order to ensure that the PropertIes and the
AssocIation will be adequately admllllstered m the irutial phases of development, ensure an orderly
transItlOn of AssociatlOn operatIOns, and to facIlitate the Developers completlOn of constructIon of
Housmg Uruts. .."' '77
D~AeA-T1 Of'...J -
Section Three Authorit of Association A er Devel m nt Penod. At the expiration of
Developer's management authonty the AssociatIOn shall hav the authonty and obligation to manage
and admIruster the Common Areas and to enforce thi ecimatlOn. Such authOrIty shall mclude all
authonty provided for in the Association's Articles, yaws, rules and regulatlOns and tIus
Declaration. The Association shall also have the authority and obligation to manage and administer
the actiVIties of the ACC in its responsibilIties as described in thIS agreement.
Section Four Delegation of Authority The Board of Directors or the Developer may
delegate any of its managerial dutIes, powers, or functions to any person, firm, or corporation. The
Board and the Developer shall not be liable for any breach of duty, negligence, omISSIon, mtentional
act or Improper exercise by a person who is delegated any duty, power or functlOn by the Board of
Directors or the Developer.
SectIOn Five. Termmation of Development. Upon termination of the development penod,
the Declarant, or in the event the Declarant has resIgned as a director of the aSSocIatlOn, then the
Developer, in accordance with the by-laws, shall conduct by mail an electlOn of a board of directors
who shall then act in accordance and 111 connection WIth the terms and provislOns of the artIcles of
mcorporation, by-laws and thIS DeclaratlOn. However, in the altemative, not less than ten (10), nor
more than thIrty (30), days prior to the termmatlOn of the development penod, the Declarant, or any
Developers who then constitute the board, may gIve wrItten notIce oftenninatIOn of the development
period to the owner of each lot. Said notIce shall specify the date when the development penod will
terminate and that at such time a meeting of the Members shall be called in accordance with the by-
laws at wluch time Members shall then elect directors in accordance with the terms and provisions
of the artIcles of mcorporatlOn, by-laws and thIS DeclaratlOn.
ARTICLE THREE. MEMBERSHIP
Every person or entIty who is an Owner of any Lot agrees to be a Member of the
ASSOCIatIOn by acceptance of a deed for such Lot. MembershIp may not be separated from
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~~~~~res~cc~R,,RESTRICTIONS Page 4 of 33
ownershIp of any Lot. All Members shall have rights and dutIes as specified m this DeclaratIOn,
and m the Articles and Bylaws of the AssocIation.
ARTICLE FOUR: VOTING RIGHTS
Members shall be entItled to one vote for each Lot owned. No more than one vote shall
be cast with respect to any Lot. The voting nghts of any Member may be suspended as provided
in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be
soliCited and tabulated by maIl or facsimIle.
ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS
Section One. Conveyance of Common Areas Upon recordmg of thIS Declaration, the
Declarant does hereby convey and transfer all of-its nght, tItle and mterest in and to Tract A, as
shown on the plat of Canal Estates, to the Canal Estates Homeowners' Association. The
Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those
certam nghts of use, mgress, egress, occupation, and control mdicated elsewhere m thIS
Declaration for the duration of the development, at whIch tIme this reservation shall cease and
then be of no further force and effect. This tracts and any other real properties and improvements
which are described herein are referred to as the "Common Areas" together with any easements
which are for the benefit of the Association or Members whIch are also defined as bemg
"Common Areas" under the terms of this Declaration.
of 'I\-\€.
Section Two. Pro e in Common Areas The ASSOCIatIOn shall have the nght
and obligatIOn to mamtain impro ments, vegetation, signage and utilities m and on all common
areas, including the maintenance storm water system. The AssociatIOn shall have the exclUSive
nght to use and manage the common areas m a manner consistent with the plat, thIS Declaration,
the ArtIcles and the by-laws of the Association.
ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES
SectIOn One Standard of Maintenance - Common Areas. The ASSOCiation shall maintain
the Common Areas 111 a manner consistent with good building and nursery practices, and in
complIance with all app~ic codes and regulations. The common areas shall include but not
be limI~defined be :) t'o ether with all easements whIch are for the benefit of all lot
owners ~se common s mclude but are not limited to the follow111g
A. Tract A IS an open space/storm water retentIOn tract descnbed in and
shown on the Plat of Canal Estates
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COVENANTS, CONDITIONS,
~~r~~~l:Ies~cc~R.,RESTRICTIONS Page 5 of 33
~?
B All easements which have been established for the benefit of lot owners or
the AssociatI~which may be delineated on the plat of Canal Estat~
which easem~are reserved for the benefit of a1llot owners as well ~
easements whIch are reserved for the benefit of the AssociatIOn for the
purpose of the installation, maintenance, and repairing of any
improvements or any other installations constructed wlthm said easement
areas
SectIOn Two Standard of Mamtenance - Lots and Plantmg Stnps. Each Lot Owner
hereby covenants and agrees to mamtain hIs respective Lot (includmg as a part of smd Lot the
Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot,
if any), and the Housing Dmt located thereon in the same condItIOn as a reasonably prudent
homeowner would mamtam his own home so that the Real Property will reflect a hIgh pnde of
ownership Each Lot Owner shall perform at the Lot Owner's expense the maintenance and
upkeep of any drainage swales and/or underground dram lmes and catch basins mstalled on their
Lot.
SectIOn Three. RemedIes for Failure to Maintam If any Lot Owner shall fail to
conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fmls to
maintain the LOi}- exterior of the Housing Unit in the same condition as a reasonably
prudent homem er '.0 m a manner whIch preserves the dramage for other Lots, the Association
shall notify the ot ner in writmg of the maintenance required If the maintenance is not
erformed withm Irty (30) days of the date notice is delivered, the Association shall have the
rig provide such maintenance, and to levy an assessment agamst the non-performing Lot
Owner an . Lot for the cost of prOVIding the mamtenance The aSsessment shall constitute a
lien against the Lot owned by the non-performing Lot Owner and may be collected and
foreclosed m the same manner as any other delmquent monthly or specIal assessment. The
Association shall have all remedies for collection as proVIded m thIS DeclaratIOn. In the event
that emergency repans are needed to correct a condition on a Lot whIch pose a substantial risk of
mJllfY or SIgnificant property damage to others, the Association may immedIately perform such
repairs as may be necessary after the AssociatIOn has attempted to gIve notice to the Lot Owner
of the repaIrs necessary Such notice in emergency circumstances shall be suffiCIent if attempted
orally or m wnting Immediately prior to the Association's undertaking the necessary repmrs.
Emergency repairs performed by the Association, If not PaI~bY the Lot Owner, may be
collected by the ASSOCIatIOn in the manner prOVIded for he m n twithstandmg the failure of the
Association to give the Lot Owner the thIrty (30) day notic .J
Section Four Common Expenses The ASSOCIatIOn shall perform such work as is
necessary to carry out the duties described m this DeclaratIOn, and shall delegate the
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~~!:~~~nres~cc~R,~STRICTIONS Page 6 of 33
responsibility for management and supervision of such work to the Board, the ACC or to a
manager or agent hired by the Board for the purpose of such management and supervision.
Expenses for such work shall be paId by the Association for the benefit of all Lot Owners and
shall be referred to as Common Expenses The Common Expenses shall be paid by the
Assocmtion from funds collected from assessments paid by Lot Owners The Common Expenses
shall mclude, but shall not be lImIted to, the followmg
1 The real property taxes leVIed upon the AssocmtIOn for the Common Areas,
2 The cost of maintaimng all reqmred insurance coverage and fideltty bonds on any
Common Areas, and for dIrectors and officers of the Association and the ACC,
COgJ or
3 The cost of mamtall1mg, repainng and r acing all Common Area Improvements, the
storm water system wlthm the Plat, signs, pen er fencing, if any, constructed by Declarant,
and plantll1gs and landscaping sItuated on any lanting strips WhICh are located between the edge
of any SIdewalk and the curb of any roadwa~ withll1 the Plat, if the same are not mamtall1ed by
applIcable governmental JunsdlctIOns The, all1tenance of alllandscapmg along easement
boundanes WhICh are adjacent to resldentmllots, mcluding but not lumted to the storm water
faCIlIties and the storm water facility easement.
4 The ASSOCIatIOn shall also assume, pay and be responsible to mall1tam the storm water
faCIlIties and to implement a pollutIOn source control plan accordll1g to the terms of an
Agreement to be executed between the City of Yelm and the Declarant.
5 Any other expense which shall be deSignated as a Common Expense m the
DeclaratIOn, in ItS ExhibIts, or from tIme to tune by the ASSOCIatIOn
SectIOn Five. Sanctions for Failure to Ma1l1tam. In the event the Association or its
success~ the judgment of the CIty of Y el~ls to maintain drainage facilities within the ~
or if the~oclation or ItS successors willful~ accidentally reduces the capacity of the \...::J
dra1l1age system or renders any part of the dra1l1age system unusable, the ASSOCIatIOn or Its
successors agree to the followmg remedy After thirty (30) days notice by registered mall to the
AssocmtIOn or successors, the City of Yelm may correct the problem or mall1tall1 facilities as
necessary to restore the full deSIgn capaCIty of the drall1age system. The City of Yelm Will bill
the Assocmtion or successors for all costs associated with the engmeering and constructIOn of the
remedIal work. The CIty of Y elm may charge interest as allowed by law from the date of
completion of construction. The City of Yelm WIll place a hen on all of the property of the
ASSOCIatIOn and/or lots Within the Plat of Canal Estates for payments m arrears Costs or fees
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~~\B~~l\I~Ics~cc~R.,RESTRICTIONS Page 7 of 33
Incurred by the CIty of Yelm, should legal action be required to collect such payments, shall be
borne by the AssocIation or successors
Section i . x~inary Use Expenses In the event that one or more lot owners
should by their e of the common areas cause it to be subjected to other than reasonable wear
and t~ b~ their actIOns danlage those common areas or any improvements located thereon or
there~en indIvidual subjecting the common area to such use shall have the oblIgation to
repair such damage}iP9n demand by the Ass~ciati j d to restore such common area to the
condition that ex~nor to such use or act' J expenses therefore shall be paid by such
indIvidual
SectIOn Seven. Owners' Easements of EnJoyment. Each owner shall have a nght ~
easement of enjoyment In and to the common areas which shall be appurtenant ~ to and~
pass with tItle (or, if applicable, with the equitable title held by real estate contract purchaser) to
eVe~bJect to the followmg proVisions
A. The right of the Declarant or the ASSOCIation to estabhsh use and operation
standards for all common ar~ be bmdmg upon all ASSOCIatIOn
Members along with enforc~ standards.
B The right of the Declarant (during the development penod) or the
Association (after the development period) to dedicate or transfer all or
any part of the common areas to any public agency, authonty or utIlity for
such purposes and subject to such condItions as the Declarant or Membef87\
as applica~ay deem appropnate. After the development penod, no \:!..J
such dedi~ or transfer shall be effective unless the instrument
agreeing to such dedication or transfer IS signed by owners of two thIrds of
the lots has been recorded.
C Any owner may delegate their right of enjoyment to the common areas and
facihtIes to the members of theIr famIly, their tenants, or their guests,
subject to the limitations set [011h above
SectIOn Eight. Insurance Nothing shall be done or kept in any common areas whIch
will increase the rate of Insurance on the common areas or other lots or improvements without
the prior wntten consent of the board. Nothing shall be kept in any common area whIch will
result m cancellation of msurance on any part of the common areas or WhICh would be m
violation of any laws or ordinances.
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COVENANTS, CONDITIONS,
~~~~I!l~~~I~c~R,.RESTRICTIONS Page 8 of 33
SectlOn Nine Alteration of Common Areas and Common Maintenance Areas Nothing
shall be altered or constructed m, or removed from any common mamtenance area or common
area except upon prior written consent of the board. There shall be no construction of any kmd
wlthm the common areas except that commumty improvements may be constructed If two-thIrds
of the Members of the AssociatlOn authorize (1) the constructIOn of such Improvements, and (2)
assessment for such improvements Also, any such Improvements would be subject to the
acqUIsltlon of all reqUIred permIts from goverrunental agencies ThIs SectIOn shall not lImIt or
prohibit Declarant (and no Member's consent shall be necessary), during the development
penod, from constructing or altering any such improvements to any common area or any
common mamtenance area, which Declarant in Declarant's sole dlscretlOn, deems for the benefit
and enhancement of Said areas It-the AssociatIOn in general
t1tuD
Section Ten. Dumping in Common Areas. Common Maintenance Areas. or Wetland
and Buffer Areas No trash, construction debns, or waste, plant or grass clippmgs or other debns
of any kind, nor any hazardous waste, (as defined in federal, state or lotallaw regulation) shall
be dumped, deposited or placed on allY common areas, common maintenance areas or easements
The Declarant (durmg the Development Penod) and the Board thereafter, shall retam the rights
for enforcement and initiation of penalties for violatlOns of thIS policy
SectlOn Eleven. Landscaping and Fencmg No permanent structures or landscaping of
any kmd, including ferices, walls or shrubs, may be built or placed WIthin any right of way
easements or other easements as delmeated on the plat except as deemed appropnate by the
board. This prohibitIOn shall not apply to the landscaping and any improvements in the common
maintenance areas mstalled by the Declarant, nor shall this Section prohIbit the Association from
mstallmg addItional Improvements or landscaping withm the deSIgnated common areas or
common mamtenance areas, nor shall this section prohibIt the installatIOn of fences as may be
otherwIse allowed in this DeclaratlOn, nor shall thIS section prohIbIt the installatlOn of
landscapmg on pnvate lot areas encumbered by utilIty easements not otherwIse restncted m thIS
DeclaratIOn. Also, this prohibItion shall not apply to landscaping of front or SIde yards of lots
extendmg to the edge of the curb or sidewalk and the public right of way
Section Twelve Management. Each owner expressly covenants that the Declarant
(during the development period) and the board thereafter, may delegate all or any portion of
management authonty to a managing agent, manager or officer of the AssociatIOn and may enter
into such management contracts or other service contracts to provide for the maintenance of the
common areas and common maintenance areas and any portion thereof Any management
agreement or employment agreement for mamtenance or management may be termmable by the
Association WIthout cause upon not more than nmety (90) days written notice thereof (However,
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~~~~~I~c~R.,RESTRICTIONS Page 9 of 33
this shall not be applicable If the management agreement provides for any other specIfic
termmation.) The term of any such agreement shall not exceed one year, renewable by
Agreement of the parties for succeSSIve penods of up to three years each. Each owner is bound
to observe the terms and condItions of any management agreement or employment contract, all
of WhICh shall be made aVailable for mspection by any owner upon request. Any fees or salary
applicable to any such management employment or servIce agreement shall be assessed to each
owner
ARTICLE SEVEN: ASSESSMENTS
SectIOn One Covenants for Maintenance Assessments.
(a) Declarants, for each Lot owned by It, agrees, and each Owner of a Lot
by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or .pJher
conveyance, IS deemed to agree to pay to the Association arIDual or other regular assessm~
(b) The annual or other regular and speCIal assessments, together WIth
interest, costs and reasonable attorney's fees, shall be a charge and a continumg lien upon the Lot
against which each such assessment is made Such lien may be foreclosed by the AssocIation in
hke manner as a Mortgage on real property
(c) Each assessment, together with interest, costs, and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner ofthe Lot
assessed at the time the assessment fell due The personal obligation shall not pass to the
Owner's successors-in-mterest unless expressly assumed by them. The new Owner shall be
personally hable for assessments which become due on and after the date of sale or transfer.
(d) Unless otherwIse provIded for m thIS DeclaratIOn, no lot owned by a
Declarant shall be subject to any annual or other assessments.
SectIOn Two Purpose of Assessments. The assessments levied by the Association shall
be used exclUSIvely for the purpose of promotmg 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 premiums on the Common Areas, and for the maintenance of other areas as
prOVIded for m this DeclaratIOn.
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
LIDAT.\\DIBHDI!I!\R.ndle,ICC&R', Page 10 of 33
Section Three, Board to Fix Annual or Regular Assessment. The Board of DIrectors
shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of
the annual or regular assessment period. Written notice of the annual or regular assessment shall
be sent to every Owner In the event the Board falls to fix an annual or regular assessment for
any assessment penod, then the assessment established for the annually or regular assessment for
the prior year shall automatically be contmued until such time as the Board acts -+he annMl3.l 0r
regular aSS8SSffi8Bt @staehEH@9 for tl1@ [lri9r Y@:M ghall iutQR:l:iltkally 1;)@ GQl1tmlJ€d until &I.1'.1h tim@
as tke BeJEWa aet8.' The annual or regular assessments shall be suffiCIent to meet the oblIgations
unposed by the Declaration and any supplementary declaratlOns, and shall be sufficient to
establIsh an adequate reserve fund for the mamtenance, repmr and replacement of those Common
Areas which require such actions on a periodic basis. That in the event there is any increase m
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 in the
Bylaws of the AssociatlOn which are incorporated herem as though fully set forth.
SectlOn Four: Special Assessments for Capital Improvements. In addItion to the
annually or regular assessments authorized above, the ASSOCIation may levy in any assessment
year, a special assessment applicable to that year only, for the purpose of defraymg, in whole or
in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital
improvements upon the Common Area, including the necessary fixtures and personal propel1y
related thereto That any speCIal assessment for capItal Improvements must be approved in
accordance with the provisions of the Bylaws of the Association which are incorporated herein as
though fully set forth.
SectlOn Five. Rate of Assessment. Both annually or regular and special assessments
shall be fixed at a umform rate for all Lots
Section Six. Initial Assessment. The imtial assessment whIch shall be pmd by any Lot
Owner who acqmres a lot from the Developer shall pay $100 00 for each lot so acquired at tIme
of closmg of the purchase of said Lot, WhICh amount shall be paId to and held by the Association
to pay for association expenses under the terms of this DeclaratlOn. ThIS imtial assessment shall
be in addition to the annual assessment or any pro rated portion thereof which may be assessed
pursuant to Section Seven.
SectlOn Seven. Annual Assessment. The annual assessment shall be $100 00 per lot
commencing on January 1St, 2002 Each lot owner, upon purchasmg from a developer or builder,
shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or
before January 30th of each year in WhICh the assessment IS made The above referenced annual
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
I:\DATA\D\BHD'J\.~Randles\CC&R', Page 11 of 33
assessment and all subsequent annual assessments shall be paId to the Homeowners' AssociatIOn
who shall then pay for the expenses of the ASSocIation as reqmred under the terms of this
DeclaratIOn. In the event the expenses of the ASSocIation are in excess of the assessments
collected, then the developers who subsequently purchase from the Declarant shall pay the
difference to the AssociatIOn on a pro rata basIs as determmed by the number of lots owned by all
such developers At such time as there had been sufficient assessments collected by the
AssocIatIOn, then SaId developer shall be reimbursed The Declarant shall not be responsible or
lIable for the payment of any assessment against any lot owned by the Declarant.
Section Eight. Certificate of Payment. The AssociatIOn shall, upon written demand,
furnish a certificate in wnting settmg forth whether the assessment on a specified Lot has been
paid. A reasonable charge may be made for the issuance of the certIficate. Such certificate shall
be conclUSive evidence of payment of any assessment stated to have been paid.
SectIOn Nine Special Assessments In addItion to the assessments authonzed above, the
AssocIation, by ItS Board of Duectors may levy, m any year, a special assessment applIcable to
that year only, for the purpose of defraymg the cost of any construction or reconstructIOn,
unexpected repair or replacement of facilities in the Common Areas However, the Developer
shall not be oblIgated to pay any special assessments on Lots owned by the Developer
Assessments may be made based upon the estImated cost of such work, pnor to the work's
commencement, provided such estimate has been provIded by a contractor retamed by the Board
for the purpose of such estimate All special assessments for construction of new faCIlIties or
acqUIsition of new equipment, which is not for the upgrade, repair or replacement of existing
constructIOn or equipment, shall require approval of two-thirds the Members
SectIOn Ten. Fmes Treated as SpeCial Assessments Any fines leVIed by the ASSOCiatIOn
pursuant to RCW Chapter 64 3 8 (or successor statute authorizing the imposition of fines) shall be
treated as a special assessment of the Owner fined, and may be collected by the AssociatIOn m
the manner described in thIS DeclaratIOn.
ARTICLE EIGHT. COLLECTION OF ASSESSMENT
Sectlon One Lien - Personal ObligatIOn. All assessments, together WIth mterest and
the cost of collectIOn shall be a continuing lien upon the Lot against which each such
assessment is made. The lien shall have all the incidents of a mortgage on real property Each
such assessment, together with interest, costs and reasonable attorney's fees, shall also be the
personal oblIgation of the person who was the Owner of the Lot at the time the assessment
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
~~~!~~~2:~cc~R'sRESTRICTIONS Page 12 of 33
was due No Owner may walve or otherwise avoid liabIlity for assessments by non-use of the
Common Areas or abandonment of the Lot.
r6f
SectlOn Two Delmquency If any assessment is not paid wit thirty (30) days after
its due date, the assessment shall bear interest from said date at twel e percent (12%), or, in
the event that twelve percent (12%) exceeds the maximum amOlli1t f~'n st that can be
charged by law, then the highest pem1issible rate as provided for t w. late charge of five
percent (5%) of the amount overdue shall be charged for any paymen: re than ten (10) days
past due Each Member hereby expressly grants to the ASSOCIation, or its agents, the authority
to bnng all actions against each . ber personally for the collection of such assessments as a
debt and to enforce lien nght the ssociatlOn by all methods for the enforcement of such
liens, mcluding foreclosure i\t ac ions orought in the name of the ASSOCIation 111 a lIke
manner as a mortgage of re p{op ty, and such Member hereby expressly grants to the
AssocIation the power of sal connection with such liens. The hens prOVIded for m this
sectlOn shall be in favor of the Association, and shall be for the benefit ofthe AssociatlOn.
The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease,
mortgage and convey any Lot obtained by the Association,
Section Three Suspension of V oting Rights. In the event any Member shall be 111
arrears in the payment of the assessments due or shall be m default of the performance of any
of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by
the AssociatlOn, or the Declaration for a period of thirty (30) days, the Member's nght to vote
shall be suspended and shall remain suspended untIl all payments are brought current and all
defaults remedied. In addition, the Association shall have such other remedies aga111st such
delinquent Members as may be provided in the Articles, Bylaws or DeclaratlOn.
Section FouI' Enforcement of Assessments The Board may take such actlon as IS
necessary, mcludmg the mstitution oflegal proceedings, to enforce the proVIsions of this
Article In the event the Board begins an action to enforce any such nghts, the prevailing
party shall be entitled to Its attorney's fees, costs and expenses incurred in the course of such
enforcement action as prOVided in this DeclaratlOn.
ARTICLE NINE: BUILDING. USE. AND ARCHITECTURAL
RESTRICTIONS
SectIon One Appointment of ACC The Declarant reserves the nght to appomt any
member or members of the ACC until the Declarant and all developers have sold and
conveyed all of the lots held in the name of the Declarant or developer This right shall
automatlcally terminate at such tlme as the Declarant and any developer no longer owns any
DECLARATION OF PROTECTIVE
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~~~~~~~nI~cc~2mSTRICTIONS Page 13 of 33
lots withm the plat of Canal Estates. Dunng thIS period the Declarant reserves the nght to
appomt a maJonty of the members of the ACC and each developer has the right to appomt one
member to the ACC All decislOns of the majonty of the members of the ACC shall be final
and bmdmg At the expuation of the time period m whIch the Declarant and the developer
has the right to appoint members to the ACC then the Board of the ASSOCIatlOn shall appomt
up to three members of the ACC or If members of the ACC resigns and no replacements
assume that office then the Board shall act as the ACC until members of the ACC are
appomted or take office.
SectlOn Two Authority of ACC After Development. At the expIration of the
Developers management authority, the ACC shall have the authority and obhgation to manage
and administer the review of building plans, specificatlOns and plot plans and such other
submlsslOns as described in SectlOn Four herein, and to enforce these covenants, conditions
and restrictlOns. Such authonty shall include all authority proVIded for the ACC m the
ASSOCiation's ArtIcles, Bylaws, Rules and RegulatlOns, as mitlally adopted, or as amended,
and all the authonty granted to the ACC by this Declaration.
SectlOn Three Delegation of Authority of ACC The ACC or the Declarant may
delegate any of its duties, powers, or functions described in thIS Artlcle to any person, firm, or
corporation.
Section Four Approval by ACC Required Except as to construction, alteration, or
improvements performed by the Developer, no constructlOn actIvity of any type mcluding
c1eanng and grading, cuttmg or transplanting of sigmficant natural vegetation may begin on a
Lot or Common Area and no building, structure, fence or other Improvement shall be erected,
placed or altered on any Lot or Common Area untIl, at a minimum, the bUlldmg plans,
specIfications, plot plans, and landscape plan show1l1g the nature, k1l1d, shape, height,
materials, exterior color and location of such budding, structure or other improvements have
been submItted and approved m writ1l1g by the ACC or its authonzed representatIve as to
hamlony of exterior design and location in relation to and its effect upon surrounding
structures and topography Further, no fences, hedges or walls shall be erected or altered and
no sIgmficant extenor changes shall be made to any bUlld1l1g 1l1c1uding, but not limIted to,
exterior color changes, addItions or alterations until such written approval shall have been
obtained.
SectlOn FIve Time LImIts lfthe ACC or Its authorized representatIve shall fad to
notIfy the Owner of its action for a period of thirty (30) days following the date of the
submisslOn of the reqUlred information to the ACC, or ItS authorized representatlve, the
Owner may proceed WIth the proposed work notwlthstandmg the lack of wntten approval by
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~~~!~~!~Ies~cc~R.,RESTRICTIONS Page 14 of 33
the ACC or Its authonzed representative The reqUlred mforn1ation shall be considered
submitted to the ACC upon personal delivery of a complete set of all requlred mformatlOn to
the person designated to receive such items by the ACC or by mail three days after deposit m
the US Mall, postage prepmd, certified, return receipt requested, to the ACC in care of the
Board of DIrectors of the Association at the address designated m the most recent notice of
assessment by the Board, or at such other address as IS desIgnated by the Board by wntten
notice to the Members
Section Six Guidelines The ACC may adopt and amend, subject to approval by the
Board, written gUldelines to be applied in its review of plans and specifications, in order to
further the intent and purpose of this Declaration and any other covenants or restnctlOns
covenng Real Property If such guidelines are adopted, they shall be avmlable to all interested
parties upon request.
SectlOn Seven. Meetings. The ACC shall meet as IS necessary to review any plans or
specIficatlOns provided pursuant to thIS Section, and shall keep and mamtam a record of all
actIOns taken at meetings or otherwise.
Section Eight No Waiver Approval by the ACC of any plans, drawings or
specifications shall not be a waiver of the right to withhold approval of any simIlar plan,
drawing, specification or matter submitted for approval
SectIOn Nine. Consultation. The ACC may retam and consult persons or entities to
assist in the evaluation of plans submitted to the Board for reVIew
Section Ten. Appeals After the Development Period, the Board shall serve as an
appellate panel to review decisions of the ACC upon request of a party aggrieved by the
ACC's decIsion. The Board shall provide, through rules and regulations, a procedure by
wlllch deciSIOns of the ACC may be appealed to the Board. The Board may choose, in ItS
dIscretIOn, to limIt the scope of such appeal and provide tIme lImitatIOns for appeals to be
made to the Board.
Section Eleveh. Enforcement. The ACC may recommend and request that the Board
mitiate legal proceedings to enforce the tem1S of these covenants or orders of the ACC Legal
proceedmgs may only be instItuted, how~er approval of the Board.
Section Twelve No LiabilIty The ACC, Its agents and consultants shall not be lIable
to the Association, Its members, to any Owner or to any other person for any damage, loss or
prejUdICe resultmg from any actIOn or fmlure to act on a matter submitted to the ACC for
DECLARATION OF PROTECTIVE
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~~~!;~~~nI~cc~R.,RESTRICTIONS Page 15 of 33
determination, or for failure of the ACC to approve any matter submitted to the ACC The
ACC shall not be liable for any damage, loss or prejudice resulting from any action by a
person who is delegated a duty, power or functIOn by the ACC
SectIOn ThIrteen. Fees The ACC may charge a fee for the reVIew of any matter
submitted to It. Any fee schedule adopted by the ACC must be approved by the Board.
SectIOn Fourteen. Temporary Structures ProhIbIted. No basement, tent, shack,
garage, bam or other outbuilding or buildings or any structure of a temporary or moveable
character erected or placed on the Properties shall at any tIme be used as hvmg quarters except
as specifically authorized by the ACC
Section Fifteen Nuisances. No noxious or undesirable thing, activity or use of any
Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing
or use of property is undeSIrable or ,noxIOUS, such determination shall be conclusive The
ACC may recommend and the Board may dIrect that steps be taken as IS reasonably necessary,
mcluding the mstitution of legal action or the ImpositIOn of fines in the manner authOrIzed by
RCW Chapter 6438, to abate any activity, remove anythmg or terminate any use of property
which is determined by the ACC or described in this Declaration to constltute a nuisance
SectIOn SIxteen. Building Type. No structures of any kmd shall be erected or 1 S
permItted to be maintained on any lot other than smgle family residences, garages, wor lOpS
and structures normally accessory to such residences which have been approved m a ordance
with the provIsions.ofthe Declaration. No carports will be allowed and all garage must have
doors. All dwellIngs shall be of a "stIck-bUllt" varIety MobIle and manufacture homes, and
mo ar es are specifically not permItted. A two car or a three car garage permItted
a a~ s 11 be incorporated in or made part of the dwelling house)iI(dno detached garages
all ermitted except WIth express written approval by the Architectural Control
Committee or the Declarant if the same IS erected dunng the development penod.
Section Seventeen. Use of Lots. All Lots with the Property shall be used solely for
private smgle-family residential purposes and not for busmess purposes, proVIded, however,
that within such single famIly residences the Owner(s) thereof may, upon formal written
applIcation to the Board, request permiSSIOn to operate a licensed day care busmess. The
Board shall be authorized, but not obligated, to grant such approval and such approval may
only be granted, m the sole discretion of the Board IF 1) all applicable governmental zoning
and land use claSSIficatIOns lawfully permIt such usage AND, 2) the busmess and Owner(s)
are licensed by all applicable governmental authorities to operate such a day care business
AND 3) the day care business will be operated only between the hours of7 a.m. and 6 p.m.
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~~~!~~!nI~cc'!'R.,RESTRICTIONS Page 16 of 33
and only on Monday through Friday AND, 4) no more than (4) chIldren, m addItIOn to those
of the Owner's immediate family, are enrolled in either a part or full-tIme capacIty m such day
AND 5) The Owner(s) of such Lot(s) operating such day care facility WIll fully oversee,
restnct and supervise all chIldren enrolled and will lImit such activItIes strictly wIthin the
confines of their residence(s) and Lot(s) and not outside the same AND, 6) the owner(s) of
sald Lot(s) agree to mdemmfy and hold the Declarant and the AssociatIOn fully harmless from
allY and all lIability and causes of action of whatever kind arismg by virtue of the O\\'ller's
operatIOn of such a day care busmess AND, 7) the Owner(s) of sald Lot(s) wIll provide the
AssociatIOn prior to commencing such business operatIOns, and at all times dunng such
business operations, with venfication of lIabIlIty insurance coverage in an amount not less
than $1,000,000 00 naming the Association and the Declarant and such other parties as the
ASSOCiatIOn may deem appropriate as addltIOnalmsured AND, 8) such operation does not
interfere or otherwise VIOlate any other provisions of thIS DeclaratIOn, mcludmg, but not
necessarily limited to VehIcle parkmg and sig,nage restrictions Should the Board give written
authorization for such usage, such authonzatIOn may be revoked by at least five (5) days prior
wrItten notice delivered to Owner and should the Owner(s) operatmg such day care business
fall to stnctly adhere to the provisions contained within the Declaration as well as any
additional Rules and Regulations imposed, from tIme to tIme, by the Board. No other uses are
permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a
partner or jomt venturer and/or an mterest in such bus mess operation to the extent permISSIon
to operate such a day care business is authorized.
~~-t€D
SectIOn Ei hte . Limitation on Animals No animals, except dogs, cats, caged bIrds,
fish in tanks, and otl r small household pets, wIll be permitted on Lots Dogs shall not be
allowed to run at I ge or to create a dIsturbance for other Owners m the plat. No animals will
be allowed to be ashed, chamed, or otherwIse tied to any portIOn of the front or SIdes of
Residences. animals are permItted within rights-of-way when accompanied by their
owners The person accompanying the animal must exercise "scooping" of ammal waste All
pens and enclosures must be screened from view of other Residences and Lots and must be
approved by the Committee prior to construction and shall be kept clean and odor free at all
tImes If the mvestigatIOn of the Board indIcates that animals are kept in violatIOn of this
Section, the Declarant, during the development period, or the Board thereafter, will give the
Owner ten (10) days wntten notIce of the violation. Such violation must be remedIed by the
Owner withm such ten (10) day period Failure to comply with the written notice WIll result
m a fine of $25 00 per day Any fine imposed by thIs Section shall be the personal obligatIOn
of the fined Owner and a lien on the Lot of the fine owned. The AssociatIOn shall be entitled
to attorneys' fees and costs for any action taken to collect such fines 111 accordance WIth the
prOVISIOns of thIS DeclaratIOn.
SectIOn Nineteen Tree HeIght. No tree shall be allowed to grow to a heIght of more than
twenty-five feet above the adjacent ground unless the Committee determines that increased
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EASEMENTS & RESTRICTIONS
LIDATAIDIBHD\JI;I\RandleSlCC&R's Page 17 of 33
heIght would not have a material adverse effect on the view from other lots The AssociatIOn
shall specifically have the right to trim offending trees at the owner's expense after reasonable
notice
Section Twenty. Unsightly Conditions No unsightly condItions shall be permitted to
exist on any Lot. Unsightly conditions shallmclude, WIthout limitation, laundry hanging or
exposed in VIew for drymg, litter, trash, junk or other debris, inappropnate, broken or damaged
furniture or plants, non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other
such items, and no awmngs, air conditIOning umts, heat pumps or other projectIOns shall be
placed on the extenor walls of any housing Umt unless pnor wntten approval shall have been
obtained from the ACC
SectIOn Twenty One. Antennas. Satellite Reception. Satellite dIshes of no more than
one meter in diameter or diagonal measurement are permitted on the Properties With ACe
approval of the location of the satellite dISh m the manner described in thIS DeclaratIOn. Except
as prOVided above, no radIO or television anteima or transmitting tower or satellite dish shall be
installed on the exterior of any home Without approval of the ACC obtamed pursuant to Section
Four, and a showing by the Owner that such installatIOn will be visually shielded from the View
of the reSidents travelmg upon streets located on the PropertIes.
SectIOn Twenty Two Setbacks No buildmg shall be located on any Lot nearer to the
front lot line or nearer to the side street than the minimum building setback lines adopted by the
governmental authority with jurisdiction over the Properties.
SectIOn Twenty Three. Roofs Roofs on all bUIldings must be fimshed WIth matenals
approved for use by the ACC or itS authorized representatives More than one type of matenal
may be approved.
SectIOn Twenty Four: Fences. Walls Fences, walls, or shrubs are permitted on Side and
rear property lines, up to WIthin the greater of (i) twenty feet of the front property lme, or (ii) the
distance between the front lot line and the front wall (facade) of the primary residence, subject to
(i) the approval of the ACC, and (ii) determinatIOn of whether such fence, walls or shrubs would
interfere WIth utility easements reflected on the face of the plat and other easements elsewhere
recorded. In no event shall any fence be allowed between the front lot Ime and the front wall
facade of the pnmary residence. No barb wire, chain link, corrugated fiber glass fences shall be
erected on any lot, except that chain link fencing for a sports faCIlIty enclosure may be conSIdered
for approval by the ACC upon request. All fences must be constructed of cedar unless otherwise
approved by the ACC and can be no more than SIX feet in height.
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS
IID.'\T.'\DIllllDIMlRandles\CC&R', Page 18 of 33
SectIOn Twenty FIve. Underground UtilitIes Required Except for any facIlItIes or
eqUIpment provided by the Declarant or any utIlity, all electrical service, telephone lmes and
other outdoor utilIty lmes shall be placed underground.
Section Twenty Six. Vehicle Parking and Storage No vehicle may be parked on any
buildmg Lot or sIdewalks, except on deSIgnated and approved dnveways or parkmg areas whIch
shall be hard-surfaced. Only the cars of guests and VIsitors may be parked on the streets All
other vehicles shall be parked m garages or on dnveways located entirely on a Lot. No storage of
goods, vehicles, boats, trailers, trucks, campers, recreatIOnal vehicles or other equipment or
deVIce shall be permitted m open view from any Lot or right of way. (VehIcles, boats, traIlers,
trucks, campers and recreatIOnal vehicles shall be referred to as "VehIcles") ThIS proVIsion shall
not exclude parking of up to a combinatIOn of two (2) automobIles and regular SIzed pick up
trucks owned or used by the lot owner on the designated dnveway areas adjacent to the garages
on the Lot. A lot owner may also park on the drIveway recreatIOnal vehIcles and/or boat trmlers
for a penod not to exceed 24 hours. This paragraph is also not meant to disallow permanent
~~parkmg or storage of vehIcles on the Lots, but if stored, vehIcles shall be
~ adequately screened f6fm the VIew of adjacent rights-of-way and Lots Screening of such
(€-Ot^ vehicles must have the approval of the Committee Upon 48 hours' notice to the Owner of an
improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense,
any vehIcles, (except up to a combination of two automobiles and regular sized pIck up trucks
owned or used by the lot owners), still visible from the right-of-way or adjacent residences that
have been parked on any Lot or within the right-of-way for more than 24 hours NotwIthstandmg
the foregomg, Owners who have visiting guests mtendmg to stay in such a vehicle may secure
wntten permIssion from the Board for such guests to park the vehIcle upon the Lot owned by the
Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after
the wntten permission has been obtained from the Board.
Section Seven. Signs. No SIgns, bIllboards, or other advertlsmg structures or deVIce shall
be displayed to the public VIew on any lot except (1) not to exceed three square feet 111 area may
be placed on a lot to offer the property for sale or rent and WIth the exception of any entry
monumentation and sIgnage which may be mstalled by the Declarant. PolItlcal yard sIgns, not
more than three square feet in area, of a temporary nature, not to exceed thirty days will be
allowed during campaign penods on lots Within five days after the date of the electIOn to which
the sign refers, s~ch signs must be removed from lots ThIS sectIon, mcludmg but not limIted to
the restrictIOns on the number of signs and sign size limit shall not apply to signs approved under
this DeclaratIOn by the Declarant during the development period.
The Declarant may establish, for the duratIOn of the development, signage
guidelines and standards for lot identification, realtor identificatIOn signs, "for sale" SIgns and
other sIgnage that may be placed by parties other than the Declarant on any part of the lots wIthm
Canal Estates, the common areas, or the public rights-of-way The Declarant may also develop
DECLARATION OF PROTECTIVE
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L'DATA\D\BHDlM\Randles\CC&R's Page 19 of 33
an overall theme for sIgnage within the project, including specific requirements for physical sign
installatIOns and SIze requirements, which theme wIll then become a pali of the establIshed
gmdel111es and standards for signage 111 Canal Estates during the development period.
During the development period, the Declarant shall have the sole and exclusive
rIght to approve, in the Declarant's sole discretion, any and all sIgnage mstallations withm any
part of the real property encompassed within the plat of Canal Estates, including the adjacent
rIghts-of-way Each owner of a lot in Callal Estates and any developer or real estate agent on
behalf of an owner, shall submIt any proposed SIgns to the Declarant for approval pnor to the
mstallatIOn of the signs
Any SIgns not specifically approved by the Declarant found anywhere within
Canal Estates, the common areas, or on any lot, or on adjacent rights-of-way may be promptly
removed and dIsposed of by Declarant. This absolute right of the Declarant to remove
unauthonzed signs from the property or adjacent rights-of-way specifically includes, but is not
limited to, the Declarant's right to remove any and all SIgns placed by real estate agencies or their
representatIVes, mcludmg temporary reader board signs and other signage installations
No person, includmg but not lImited to, the person or persons ownmg any 1l1terest
in the signs removed, shall be entItled to compensation of any kind for signs removed by
Declarant pursuant to the sectIOn.
The Board may cause any SIgn placed on the property or any adjacent rIghts-of-
way in violation of this Declaration to be removed and destroyed without compensation of any
kind to anyone including, but not limited to any persons having any ownership interest in the
SIgn. ThIS section shall not apply to sIgnage placed by Declarant.
'\0
AddItional sIgnage may be install~d by Declarant du . g the development period
to promote the sale of lots or houses and to promote Declarant's oject and company and
representatives. NotWIthstanding anything in thIS Declaration the contrary, signs placed by the
Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the
limItatIOns set forth in this Declaration on the number of signs and size of signs. The Declarant
shall also not be subject to any guidelmes or standards establIshed by Declarant for other partIes
pursuant to this Declaration.
Under no circumstances shall the Declarant be liable for, or be reqUIred to pay, for
all or any part of the constructIOn, mstallation or mamtenance of any SIgns whIch are placed on
any lot not owned by the Declarant. This section shall apply even if Declarant reqUIres an owner
to place a SIgn pursuant to this DeclaratIOn.
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS 7
IIDATAIDIBIUJ\I\IIRandles\CC&R', Page _0 of 33
SectIOn Twenty-EIght. Easements for Enforcement Purposes. Owners hereby grant to the
ASSocIatIOn an express easement for the purpose of gomg upon the Lots of Owners for the
purpose of removing vehicles or other similar objects WhICh are parked or stored in vIOlation of
the terms of thIS DeclaratIOn.
SectIOn Twenty-Nine. Excavation and FIll. Except with the permIssion of the ACe, or
except as may be necessary in connection with the construction of any approved improvement,
no excavatIOn or fill shall be made nor shall any dIrt be removed from any Lot herem.
Section Thirty. Drainage. The owner of any lot shall not take any action which would
1l1terfere WIth surface water drainage across that lot either through natural drainage or by dra1l1age
easements Any change of dra1l1age, eIther through natural dramage areas or through dramage
easements must be approved by the Aee All dra1l1age improvements must be completed prior
to occupancy in accordance with the drainage plan submitted to the ACC
SectIOn ThIrty-One. Use Dunng ConstructIOn. Except WIth the approval of the Board,
no persons shall reside upon the premIses of any Lot until such time as the improvements to be
erected thereon in accordance with the plans and speCIficatIOns approved by the Board have been
completed.
SectIOn ThIrty-Two. Garbage and Refuse. No garbage, refuse, rubbish, cutt1l1gs or
debrIS of any kmd 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 materials shall be kept in a clean and sanitary condition.
SectIOn ThIrty-Three. Tanks. Etc. No elevated tanks of any kind shall be erected,
placed, or permitted on any part of such premises Any tanks for use in connection WIth any
residence constructed on such premises, 1l1cluding 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 lmes, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in
or otherWIse suitably screened to conceal them from the view of neighboring Lots, Common
Areas, roads or streets Plans for all enclosures of thIS nature must be approved by the ACe prior
to constructIOn.
Section Thirty-Four: Auto Repair. No major auto repair shall be pennitted except within
enclosed garages which 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 011 changes
SectIOn Thlrtv-Flve. Extenor Fll1ISh. The exterior fimshes on the front of houses shall
be approved by the ACC The entire residence must be pamted or stained in colors approved by
the Ace All metal fire place chimneys shall be either wood or stone wrap
DECLARATION OF PROTECTIVE
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I:\DATAIDIBHD\\lIRandlesICC&R', Page 21 of 33
SectlOn Thirtv-Six. Driveways. That all dnveways mcludmg any access to the rear yard
of any resIdence shall be of a hard surface construction of either concrete or washed aggregate
and shall be completed pnor to final bUllding inspection.
Section Thirtv-Seven. Mamtenance of Structures and Grounds Each owner shall
mamtam hIS lot and reSIdence thereon in a clean and attractIve condition, in good repair and in
such fashion as not to create a fire hazard . <:iVtE..
1.".~10 -\
V"'\ .. r:;
Section Thirty-Eight. Firearms The use of firearms is expressly prohibited./'" Ce~ of.s.\'A-'~S
~ ~.
Section Thirty-Nine. Dirt bIkes and/or A TV No unlI i5ed otor vehicles, mcludmg
motorcycles, dIrt bIkes, motor scooters, A TV's etc , shall be p . ed on any road WIthin the
plat, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot.
ama e Re au All owners agree to repair ImmedIately any damage to
t eir lot or lots, in the event any of the utilItIes are cracked, broken, or
otherwise da agej)ts result of dwelling construction activities, or other activities by owner, by
persons acti wner, or by persons m or around the property at the request or with the
consent of the owner
Section Forty-One. Building Materials All homes constructed on each lot shall be built
of new matenals, with the exception of "decor" items such as used brick, weathered plankmg,
and simIlar Items. The Committee will determine whether a used material is a "decor" item. In
makmg this determinatIOn, the Committee WIll consider whether the material harmonizes with
aesthetIc character of Canal Estates development and whether the matenal would add to the
attractive development of the subdivision. All sidmg and trim are to be re-sawn wood and/or
vertIcal or horizontal "LP" type sIdmg, brick, authentIc stone SIding, OSB LAP or vinyl sidmg of
a color approved by the ACC T-lll sIdmg shall only be permItted on the SIdes of residences
which do not face the street or on the back of reSIdences
The extenor of all construction on any Lot shall be designed, bUIlt and mamtained in
such a manner as to blend m WIth the natural surroundmgs and landscaping. Extenor colors must
be approved by the Committee. Exterior trim, fences, doors, railIngs, decks, eaves, gutters and
the extenor fimsh of garages and other accessory bUIldmgs shall be deSigned, bUIlt and
mamtamed to be compatible with the exterior of the structure they adjoin.
The CommIttee or Board WIll establIsh an approval process and color gUIdelmes. Any
change of color as to the extenor of any eXIsting home Within Canal Estates will be subject to the
same approval process.
DECLARATION OF PROTECTIVE
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I:iDATA,DI13HDIM\RandleslCC&R', Page 22 of 33
~6E--r
SectlOn Forty-Two. Minimum Size of Residences Priv single-famIly resIdences shall
consist of not less than one (1) Lot and no Lot shall ever be er subdIVIded. Each Residence
must have a private enclosed car shelter for not less than tw (2) cars, proVIded that a portlOn of
the intenor of SaId garage may be Improved and/or fimshe for reSIdentIal use by the Owner
thereof provIded that the exterior of the garage shall not b removed or otherwise modified so as
to elIminate the garage door that prevIOusly proVIded acc ss thereto No single structure shall be
altered to provIde for more than one (1) family Smgle I el type reSIdences (resIdences
consistmg of a one story reSIdence or a residence conslsti g of a basement and one story) shall
contam at least 1,100 square feet. Multi-level residences .e., tri-Ievels as that term IS used in the
constructIon industry) shall contam at least 1,200 square . Two story reSIdences shall contain
at least 1200 square feet. Split-level reSIdences shall contain at least 1,200 square feet. In
computing the total square footage of a residence, the basement may be mcluded but garages
and/or enclosed decks shall not be mcluded.
SectIon Forty-Three. Codes. All construction shall confonn to the reqUIrements of the
State of Washington's rules and regulations for installing electnc wires and eqUIpment, and the
umform codes (building mechanical, plumbing), in force at the commencement of the
construction, mcluding the latest revisions thereof. __ _ _ /7- _ _ _
"1'\i(" CoNsfl2vC'7'\t)0 02. eX Tht:AOfl- ~C-MorJCl...IW'Z ("Oji.tf(.jts~
SectIOn Fo -Four: for Ins ection. Any agent or member of the Declarant or any
member of the archItectura control commIttee may at any reasonable predetermmed hour upon
24 hours notice during co struction or exterior remodeling, enter and inspect the structure to
determme If with the provisions of thIS DeclaratIOn. The above reCIted
indIVIduals shall not be guilty of trespass for such entry or mspection. There is created an
easement over, under, and across, residential lots for the purpose ofmakmg and carrymg out such
mspections
SectIOn Forty-FIve. Authority to Adopt AddItIOnal Rules and Restrictions. The
ASSOCIatIOn shall have the authonty to adopt addItlOnal wrItten rules and restnctIOns govermng
the use of the PropertIes, provided such rules and restnctIOns are conSIstent with the purposes of
the Declaration, and to establIsh penaltIes for VIOlation of those rules and restnctions If rules
and restrictions are adopted, they, along with the establIshed penalties, shall be aVaIlable to all
Members upon request.
SectlOn Forty-Six. Enforcement. The Association, or the Declarant during the
Development Penod, may, but is not required to, take any actIOn to enforce the provIslOns of the
DeclaratlOn available to It under law, including but not limited to impositIOn of fines as
authorized by RCW Chapter 6438, specific performance, injunctIve rehef, and damages Any
Member may also enforce the terms of thIS ArtIcle (although a Member may not Impose a fine as
authonzed by RCW Chapter 64.38) but the Member must first obtam an order from a court of
competent J unsdIctIOn entItlll1g the Member to relIef In the event that a Member takes any
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS ."
I\DATA\D\I3llD\M\Randlcs\CC&R's Page 23 of 3.)
action to enforce the terms of this Article, the AssociatIOn shall not be in any way obligated to
join in such action, or pay any of the attomey's fees, costs and expenses incurred in such action.
ARTICLE TEN: EASEMENTS
Section One Easement for Encroachments Each Lot IS, and the Common Areas ~ect
to an easement for encroachments created by construction, settlement, and overhangs a~~ed
or constructed by the Declarant, and a valid easement for encroachments and for mamtenance of the
same as long as said improvements remain.
SectIOn Two Easements on Exterior Lot, Lines In addItion to easements reserved on any
plat of the PropertIes or shown by instrument of record, easements for utIlitIes and dramage are
reserved for the Declarant or its assigns, over a five-foot wIde strIp along each SIde of the mterior
Lot hnes, and ten feet over the rear and front of each Lot, and over, under, and on the Common
Areas. Withm all of the easements, no structure, planting or fill material shall be placed or permitted
to remam whIch may, in the opmIOn ofthe Board or ACC, damage or mterfere with the mstallatIOn
and mamtenance of utIlities, or which may obstruct or retard the flow of water through dramage
channels and the easements. The easement area of each Lot and all Improvements wIthm It shall be
mamtamed contmuously by the Owner of such Lot, except those Improvements for whIch a public
authority, utIhty company or the Association is responsible.
SectIOn Three AssocIatIOn's Easement of Access The ASSOCIatIOn, the ACC, and Its agents
shall have an easement for access to each Lot and to the exterIor of any bmldmg located thereon
during reasonable hours as may be necessary for the following purposes (a) cleamng, maintenance,
or repaIr of any home or Lot as provided in this Declaration, (b) repair, replacement or Improvement
of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage
to the Common Areas or to another Lot, or to the improvements thereon, (d) cleanmg, maintenance,
repair or restoratIOn work which the Owner is required to do but has failed or refused to do, and (e)
all acts necessary to enforce these Covenants.
SectIOn Four Easement for Declarant. Declarant shall have an easement across all Common
Areas for ingress, egress, storage and placement of equipment and materials, and other actIOns
necessary or related to the development or maintenance of the Real Property
SectIOn Five. Utility Mamtenance Easements. Easements are granted for the mstallatIOn,
inspection, and maintenance of utilitIes and drain facilitIes as delineated on the plat for Canal
Estates. No encroachment will be placed within the easement shown on the plat whIch may damage
or mterfere WIth the mstallation, inspectIOn, and mamtenance ofutIhtles. Mamtenance and expense
of the storm water dramage facihties shall be the responslb1l1ty of the AssocIation as established
under the terms and prOVIsions of thIS DeclaratlOn.
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS
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ARTICLE ELEVEN: MORTGAGEE PROTECTION
SectlOn One Mortgagees. Notwithstanding and prevailing over any other provIsions of the
Declaratlon, the Association's Artlcles of IncorporatlOn or Bylaws, 9r any rules, regulations or
management agreements, the following provislOns shall apply to and benefit each InstItutlOnal First
Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaimng funds for the
constructlOn or purchase of a Housmg Umt on any Lot or the improvement of any Lot.
SectlOn Two LIabIlIty LImIted. The Mortgagee entltled to the protectIon hereof shall not
in any case or manner be personally liable for the payment of any assessment or charge, nor for the
observance or performance of any covenant, restnction, rule, Association ArtIcle of Incorporation
or Bylaw, or management agreement, except for those matters which are enforceable by injunctive
or other equitable rehef, not requmng the payment of money, except as hereinafter provided.
SectlOn Three Mortgagees's Rights During Foreclosure During the pendency of any
proceedmg to foreclose the Mortgage, the Mortgagee or the receiver, If any, may exercise any or all
of the nghts and privileges of the Owner of the mortgaged Lot, mcludmg but not hmlted to the right
to vote as a Member of the AssociatIOn to the exclusion of the Owner's exercise of such rights and
privileges
Section Four' AcqmsitlOn of Lot by Mortgagee At such tIme as the Mortgagee shall become
entItled to possession of the Lot, the Mortgagee shall be subject to all of the terms and condItlOns
of the DeclaratlOn, and the ArtIcles, Bylaws, rules and regulations of the Association, including but
not lImited to the obhgatlOn to pay for all assessments and charges accrumg thereafter, m the same
manner as any Owner; provided, however, the Mortgagee shall acquire the tItle to said Lot free and
clear of any hen authorized by or ansmg out of any provislOns of the DeclaratIOn whIch secure the
payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to
posseSSIOn of the Lot.
SectlOn Five Reallocation of Unpaid Assessment. If it is deemed necessary by the
Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a
common expense of other Lots. Any such unpaid assessment shall contmue to eXIst as a personal
obligatlOn of the defaulting Owner of the respective Lot to the Association
SectlOn Six. SubordinatlOn. The liens for assessments provIded for m this instrument shall
be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing
Unit as a construction loan security interest or as a purchase price security mterest, and the
ASSOCiation wIll, upon demand, execute a written subordmatlOn document to confirm the particular
supenor secunty mterest.
DECLARATION OF PROTECTIVE
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EASElVIENTS & RESTRICTIONS ?
LIDATi\IDIllHDI.\t'RandlosICC&R's Page _5 of 33
SectIOn Seven. Mortgagee's Rights Any Mortgagee shall have the nght on request therefor
to (a) mspect the books and records of the AssociatIOn durmg normal busmess hours, (b) receIve an
mIDual audited finanCial statement of the association Within (90) days following the end of any fiscal
year; and (c) receIve w~e of all meetings of the AssocIatIon and deSIgnate a representative
to attend all such meet=7
SectIOn Eight: Limitation on Abandonment of Common Areas The AssocIation shall not,
without the prior wntten approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon
the Common Areas for reasons other than substantial destruction or condemnation of the propeIiy
Section Nine Notice If such notIce has been requested in wntmg, Mortgagees shall be
entItled to tnnely wrItten notice of' (a) substantial damage or destructIOn of any Housing Urnt or any
part of the Common Areas or facilitIes; (b) any condemnatIOn or emment domam proceedmgs
involvmg any Housing Units or any portion of Common Areas or faCIlities; (c) any default under tIns
Declaration or the Articles, By laws or rules and regulatIOns of the ASSOCIatIOn by an Owner of any
Housmg Umt on which It holds the mortgage whIch IS not cured wlthm tlnrty (30) days, (d) any sixty
(60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing
Dmt on which It holds the mortgage, (e) ten (10) days' pnor written notice of any lapse, cancellation
or matenal modIficatIOn of any insurance policy or fidelity bond maintamed by the AssociatIOn, and
(f) any proposed actIOn that reqUlres the consent of a speCIfic percentage of Mortgagees.
ARTICLE TWELVE: MANAGEMENT CONTRACTS
Each Member hereby agrees that the Association and the ACC may enter mto agreements
for the performance of any or all of the functIOns of the AssociatIOn and the ACC WIth such persons
or entities as the Association deems appropriate, however, any agreement for professional
management of the Properties, or any other contract providmg for serVIces by the Declarant must
proVIde for temlinatIOn by eIther party WIthout cause after reasonable notIce
ARTICLE THIRTEEN: INSURANCE
Section One Coverage The Association may purchase as a Common Area Expense and
shall have authonty to and may obtain insurance for the COInmon Areas against loss or damage by
fire or other hazards in an amount sufficient to cover the full replacement value in the event of
damage or destructIOn. It may also obtain a comprehensIve public liability polIcy covering the
Common Areas The comprehenSive publIc lIability coverage shall be m an amount to be
determmed by the AssociatIOn. It may also obtain insurance to cover the Board, the ACC, its agents
and employees from any action brought agamst them ansmg out of actIOns taken m fUliherance of
the Association's duties under this Declaration.
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS '")
l:\DATA\D\BHD\l'o1'Randles\CC&R', Page _6 of 33
Following the development period, all such insurance coverage shall be written in the name
of the AssociatIOn as trustee for each of the Members of the Association. The AssociatIOn shall
review the adequacy of the Association's insurance coverage at least annually All poliCIes shall
1l1clude a standard mortgagee's clause and shall provide that they may not be canceled or
substantIally modIfied (including cancellatIOn for nonpayment of premium) WIthout at least ten (10)
days pnor written notIce to any and a1l1l1sured named therein, includ1l1g Owners and InstItutional
FIrst Mortgagees that have requested notIce.
Section Two Replacement Repair After Loss In the event of the damage or destructIOn of
the Common Areas covered by insurance WrItten 111 the name of the Association, the Association
may, upon receIpt of the insurance proceeds, and to the extent of such proceeds contract to rebuild
or repaIr such damaged or destroyed portions of the Common Areas to as good a condItIon as they
were when the loss occurred, provided, however, that the Association's election not to rebuild the
Common Areas shall reqUIre the approval of two-thirds (2/3) of the Association. The AssocIation
may in its sole dIscretion contract with any contractor for reconstruction or rebuilding of such
destroyed portions of the Common Areas
ARTICLE FOURTEEN: RULES AND REGULATIONS
The Association and/or its Board of Directors is hereby authorized and empowered to adopt
rules and regulations governing the use of the Properties and the personal conduct of the Members
and their guests thereon, and to establish penaltIes for the infractIOn thereof, 111 the manner described
by RCW Chapter 6438, the Bylaws and any resolutions passed by the Board. All Lot Owners shall
be given wrItten notice of the rules and regulatIOns 111 the manner required by RCW Chapter 6438
ARTICLE FIFTEEN: REMEDIES AND WAIVER
Section One Remedies Not LImited. The remedIes provided herem, including those for
collectIon of any assessment or other charge or claim against any Member, for and on behalf of the
Association, the ACC, or Declarant, are m addition to, and not 111 limitation of, any other remedies
proVIded by law
SectlOn Two No Wmver The failure of the ASSOClatlOn, the ACC, the Declarant or of any
of theIr duly authOrIzed agents or any of the Owners to msist upon the stnct performance of or
complIance WIth the DeclaratIOn or any of the Articles, Bylaws or rules or regulatIOns of the
Association, or to exercise any nght or optIOn contamed therein, or to serve any notice or to instItute
any actIOn or summary proceedings, shall not be construed as a waiver or relmqUIshrnent of such
right for the future, but such nght to enforce any of the proviSIOns of the DeclaratIOn or of the
Articles, Bylaws or rules or regulations ofthe AssocIation shall contmue and remain 111 full force and
effect. No waIver of any prOVISIOn of the DeclaratIOn or of the ArtIcles, Bylaws, rules or regulatIOns
of the Association shall be deemed to have been made, either expressly or implied, unless such
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS
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waiver shall be in wntmg and signed by the Board of DIrectors of the AssocIatIOn pursuant to
authonty contamed m a resolutIOn of the Board of DIrectors
ARTICLE SIXTEEN. CONDEMNATION
In the event of a partial condemnation of the Common Areas, the proceeds shall be
used to restore the remaining Common Area, and any balance remaimng shall be dIstributed to the
ASSOCiatIOn.
In the event that the entire Common Area is taken or condemned, or sold, or
otherwise 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
dlstnbuted to a Lot Owner or to any other party derogation of the rights of the FIrst Mortgagee of
any Lot.
ARTICLE SEVENTEEN: GENERAL PROVISIONS
1 Binding Effect. All present and future Owners or occupants of Lots shall be
subject to and shall comply WIth the provisions of this 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
runnIng WIth the land and shall bind any person having at the time any Interest or estate in such Lot,
as though such provisions were recited and stIpulated at length in 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 proceedings
at law or In equity, all restrictions, conditions, covenants, reservatIOns, hens and charges now or
hereafter imposed by the proviSIOns of this Declaration. Should the ASSOCiatIOn or any Owner
employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restnctions,
all costs mcurred in such enforcement, including a reasonable fee for counsel, shall be paId by the
Owner found to be in VIOlation of said condition, covenants, reservation, or restrictIOn, or found to
be delmquent in the payment of Said hen or charge
3 Enforcement by Self Help The Declarant, the ACC, the Association, or the
duly appointed 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 vlOlatIOn of the prOVISIOns of thIS DeclaratIon.
Provided, this prOVlSlOn shall not be construed as a permission to breach the peace
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS IT?
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"
4 CondItion Precedent to Action. Pnor to takmg actlOn either by court or by self
help, written notice shall be gIven to the offending 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 opportunity to cure which, except in 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 this declaration, ifnot paId by the offending owner within thirty (30) days after wrItten notice and
billing, may be filed as a line upon such lot, enforceable as other lIens herein.
6 Owner Objection. Should a lot owner object to the complamts of the
Declarant, the ASSOCIatIOn or ACC in writIng Within a period of fifteen (15) days after the complaInt
is made and, further, should the parties not agree on property maIntenance or other matters
complamed of, the matter shall be submitted to arbitration. The arbitratIOn shall be bInding upon
the partIes If the parties cannot agree upon an arbitrator, each party shall choose one arbItrator and
they, m turn, shall choose a third. The arbItration shall be conducted in accordance with the rules
of arbItratIOn under the laws of the State of WashIngton m eXIstence at the time of any such
arbitration.
7 Costs and Attorneys Fees. In the event of legal action, the prevailing party
shall be entItled to recover actual costs and attorney fees. For the purposes ofthis declaratIon "legal
action" shall Include arbitration, law suit, trial, appeals, and any action, negotiations, demands,
counselmg or otherwise where the prevailing party has hIred an attorney It IS the Intent of thIS
provision to reimburse the prevailmg party for all reasonable attorney fees and actual costs incurred
In defending or enforcmg the provisions of this Declaration, or the owner's rights hereunder
8 Failure to Enforce. No delay or omiSSIOn on the part of the Declarants or the
Owners of other Lots m eXerCISIng any nghts, power, or remedy provIded in thIS DeclaratIOn shall
be construed as a waiver or acquiescence in any breach of the covenants, conditlOns, reservatIOns,o
or restrictions set forth in the Declaration. No actIOn shall be brought or maintained by anyone
whatsoever against the Declarants for or on account of ItS faIlure to bnng any actlOn for any breach
of these covenants, condItIons, reservations, or restnctlOns, or for ImpOSIng restnctlOns which may
be unenforceable.
9 SeverabilIty Invalidation of anyone of these covenants or restrictions by
judgment or court order shall not affect any other proviSIOns WhICh shall remain m full force and
effect.
10 Interpretation. In mterpreting this DeclaratlOn, the term "person" may include
natural persons, partnershIps, corporations, ASSOCIatIOns, and personal representatIves. The singular
may also include the plural and the masculIne may include the feminine, or Vise versa, where the
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS
hDATAIDIJlHDIM\Randle,ICC&R', Page 29 of 33
context so admIts or reqUlres. ThIs DeclaratIOn shall be lIberally construed m favor of the party
seeking to enforce its provisions to effectuate the purpose of protectmg and enhancmg the value,
marketabilIty, and desirability of the Properties by provldmg a common plan for the development
Canal Estates
11 Term. This Declaration shall be effective for an initial term of 30 years, and
thereafter by automatIc extension for successive periods of 10 years each, unless terminated, at the
expiratIOn of the mitial term or any succeedmg 10 year term by a termmatIOn agreement executed
by the then owners of not less than 75% of the lots then subject to tIllS DeclaratIOn. Any temunatIOn
agreement must be m writing, signed by the approving owners, and must be recorded wIth the
County AudItor
12. PerpetuIties In the event that any provision of this DeclaratIOn VIOlates the rule
against perpetuities, such provIsion shall be construed as being void and of no effect as of twenty-one
(21) years after the death of the last survIving mcorporator of the Association, or twenty-one (21 )
years after the death of the last survivor of all of the Said incorporators' children and grandchildren
who shall be hvmg at the time this instrument IS executed, whIchever IS later
13 Method of Notice. Any notice required by the Declaration or the Articles or
Bylaws of the Association or the rules and regulations adopted by the AssocIatIOn shall be deemed
properly given when personally delivered, deposited in the United States mail, postage prepaid, or
when transmItted by facsimile
14 Successors and Assigns. ThIs Declaration binds and IS for the benefit of the
heIrs, successors and assIgns of Declarant, the Declarant, the Members and the Owners
ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION
SectIOn One. Exclusive Method. This instrument may be amended, and partIally or
completely revoked only as herein provided or otherwise provided by law
Section Two: Amendment by Declarant. NotwIthstandmg any other provIsIOn of this
Declaration, this Declaration can be amended at any time by the Declarant pnor to the time that 75%
of the lots have been sold to others than Declarant bUllders That aU lot owners agree to be bound
by such amendment or amendments as made by the Declarant pursuant to tlus provision. Thereafter
thIS Declaration can be amended only as provIded for in thIS DeclaratIOn.
SectIOn Three. PrIor Approval by FHA/HUD Regardless of whether or not 75% of the lots
have been sold to others than Declarant builders, m the event any loan WIth respect to any lot or
bUlldmg constructed thereon is msured through eIther the Federal Housmg Admmlstratlon or the
Department of Veterans Affairs or any programs sponsored by eIther such agency, then the msunng
DECLARATION OF PROTECTIVE
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EASElVIENTS & RESTRICTIONS "
L\DATA'DIDIIDlM-RandlesICC&R's Page .)0 of 33
agency must glVe wrItten approval before any of the following actIOns can be approved by either the
Declarant or the lot owners
a) AnnexatIOn of addItional properties
b) Dedication of any properties
c) Amendment to this declaration
SectIOn Four' Votmg Tills Declaration may be amended at any annual meetmg of the
AssociatIOn, or at a speCIal meeting called for such purpose, If sixty-seven percent (67%) or more
of the Owners vote for such amendment, or without such meetmg If all Owners are notified in
wrIting of such amendment, and If sixty-seven percent (67%) or more of the Owners vote for such
an1endment by wrItten ballot. Notlce of any proposed amendment shall be gIven to all Owners not
less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the
proposed amendment shall be considered. Notwithstandmg any of the foregoing, fifty-one percent
(51 %) of all Institutional FIrst Mortgagees who have requested notIfication of amendments must give
prior wrItten approval to any matenal amendment to the DeclaratIOn or Bylaws, mcluding any of the
following'
1 Voting nghts,
2 Assessments, assessment liens and subordination of such liens,
3 Reserves for maintenance, repaIr and replacement of Common Areas,
4 Insurance or fidelIty bonds,
5 Responsibility for maintenance and repaIr;
6 ContractIOn of the project or the WIthdrawal of property from the PropertIes,
7 The boundaries of any Lot;
8 Leasmg of Housing Units other than as set forth herein,
9 ImpOSition of any restnctions on the nght of an Owner to sell or transfer his
or her Lot,
10 Any deCIsion by the ASSOCiatIOn to establish self-management when
profeSSIOnal management had been reqUIred preVIOusly by an InstitutIOnal
First Mortgagee,
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS '1
I:\DAHu)\BHD\M\Randle,\CC&R', Page 31 of 3.)
11 RestoratIOn or repair (after hazard damage or partial condemnatIOn) in a
manner other than that specIfied in thIS DeclaratIOn.
12 Any actIOn to terminate the legal status of the PropertIes after substantial
destructIOn or condemnation occurs, or
13 Any prOVISiOns whIch are for the express benefit of InstItutiOnal FIrst
Mortgagees
SectIOn Five. Effective Date Amendments shall take effect only upon recordmg with the
Thurston County AudItor of the county m which thIS DeclaratiOn IS recorded.
SectIOn SIX. Protection of Declarant. For such time as Declarant shall own Lots located m
the PropertIes there shall be no amendments to the DeclaratiOn, the ArtIcles of Incorporation, the
Bylaws of the ASSOCiatIOn, or any Rules and Regulations adopted by the AssociatIOn wInch
Discriminate or tend to discriminate agamst the Declarant's nghts
2 Change Article One ("Definitions") in a manner which alters the Declarants
right or status.
3 Alter the character and rights of membership or the rights of the Declarant as
set forth m this Declaration.
4 Alter its rights as set forth m this DeclaratIOn as relatmg to arclutectural
controls
5 Alter the baSIS for assessments, or the Declarant's exemptIOn from assessments
6 Alter the number or selection of Directors as established in the Bylaws.
7 Alter the Declarant's rights as they appear under this Article
Section Seven. 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 mailing to such owner's address as it appears on the Thurston
County Assessor's tax records and to the street address of the lot(s) herein. NotIces to lenders
shall be sent to the last address the lender has given to the AssociatiOn. The AssociatIOn IS not
required 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
DECLARATION OF PROTECTIVE
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EASEMENTS & RESTRICTIONS "l
I\DATA\D\IlHDl}.r~andles\CC&R's l'age 32 of 3J
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
IN 'WITNESS WHEREOF, the undersIgned have caused thIS DeclaratIOn to be executed this
_ day of ,2001
Randles Family LLC, a Washington Limited liability
company
By
Doug Randles, Managing Member
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 2001 before me, the undersigned, a Notary
PublIc In and for the State of Washington, duly commissioned and sworn, personally appeared Doug
Randles, to me known to be a managing member of Randles Family, LLC, a WashIngton Limited
lIability company that executed the foregoing instrument, and acknowledged the saId Instrument to be
the free and voluntary act and deed of the hmited habIlIty company, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute the said Instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Pnnted Name
NOTARY PUBLIC in and for the State of
Washmgton, residing at
My commiSSIOn expires
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
1:\DATA\DIDHDlMlRandlesICC&R', pagt: 33 of 33
It
THURSTON COUNTY
_..._-~;-_...--_._,,-
SINCE 1852
""""''"r; ~t-.~ ~r"l 'iW ~ ";."~' '{";:~"'"'f; D
1;' . .j.J!",-oJ ~ J_ ~(! ~
PATRICIA COSTELLO
Assessor
MAR 2 1 2001
BY:
OFFICE OF THE ASSESSOR
MEMORANDUM
Date March 19,2001
To
From.
Subject:
D
~
~33
CIty of Yelm AttentIOn. Cathie Carlson
Susan Drake~\)
CANAL EST A TES (Randles Family LLC)
I do not have comments about this project and approve It as submItted.
Signature ____________________
My \.-ommenis are as follows
o Please put acreage ur square feet on each lot.
~ SItus address needed. lilcludmg CIty and ZIp code
o Only Fmal Projects are revIewed. Prelimmary Proposal IS premature
o Lot closure needed pnor to recordmg.
~ Map IS unacceptable Standard, full-SIze bluelme map reqUIred.
'-1
~ Ple~se Lnf()~~_rl .;--hr-:- '':.!?pl.c.~rtt +~t~:ti. dp.ed(~) .~t:.l! n.e~d to be recorded bet-,veerl
partIes for portion( s) bemg conveyed.
o Parcels are under the Open Space/Forest Tax Program. PrIor to recordmg,
please have the applIcant/owner wmact a Customer ServIce Apprmser m
the Assessor's Office at (160) 786-5410
o Please mfonn the apphcant that taxes must be current. There are
delmqrient taxc~, on Parcel #
[gI Other 1. '\ie did not receive a standard blue-line for this plat (which
is required). Only sheet two was sent of the 81/2 X 14" copy that we
did receive. *
2000 lakeridge Drive S.W Olympia, W A 98502-6045
(360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933
@
Recycled Paper
THURSTON COUNTY
_.._---=--"'_..-_._~
SINCE 1852
PATRICIA COSTEllO
Assessor
OFFICE OF THE ASSESSOR
Thank you.
~33
*( Jeff Pantier did have a standard set run over to us so that we could review
this plat.)
2. ADDRESSES need to be on the map, including city and ZIP CODE
before we will sign off on the mylar.
1. Deed wHln.eed to be rel.:orded from Randles Family LLC to Canal
Estates Homeowners Association for Tract A.
CO?5
.~ d/\~clv~~ 5l(\~
t\wVV'- CA- ~M 51 G~
\N'~
60 f2fZ-i
2000 lakeridge Drive S.W Olympia, W A 98502/6045
(360) 786/5410 FAX (360) 754/2958 TDD (360) 754/2933
@
Recycled Paper
RECEIVED
MAR 1 4 2001
City of YelmTc ASSESSOR
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
;J,;A7/S 3/03uu
DEVELOPMENT REVIEW - COMMUNITY DEVELOPMENT DEPARTMENT
(360) 458-3835
DATE. March 13,2001
APPLICANT D.A. Randles Company CASE NUMBER SUB-01-8274-YL
PROJECT LOCATION Located at the corner of Canal Road and Rhoton Road
PROJECT SUMMARY Final Plat Approval
The enclosed f:lroject information is for your review Please provide written comments or recommendations to Cathie
Carlson by Frida~, March 23, 2001 Your comments will become part of the record and utilized in the decision-making
process by staff, Janning 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
X PLANNING COMMISSION Short Plat Home Occupation(s)
X CITY COUNCIL Conditional Use Short Subdivision
Boundary Line Mobile Home Park
Adjustment
TO'
X City Administrator X Thurston County Assessor Yelm Parks Advisory Committee
X Community Development Director WSDOT
X City Engineer Intercity Transit
X Building Department X School District
City Clerk X YCOM Networks
X Public Works Supervisor X LeMay Garbage Service
X Fire Department X Puget Sound Energy
X Police Department X Viacom Cable
Adjacent Jurisdiction Adjacent Property Owners
X Thurston County CapCom X US Post Office - Yelm
Thurston County Environmental Health Department of Ecology
Olympic Air Pollution Control Authority X Yelm Chamber of Commerce
WA Dept. Fish & Wildlife - Jim Frasier X Applicant's Engineer and/or Surveyor
Nisqually Indian Tribe X Applicant
C'\Community Development\Project Files\8274 Canal Estates\8274 Distribution.wpd
MAR-19-2001 12 13
CITY OF VELM-COMM DEV
360 458 3144
FU059 P 002/002 \
\
\
\
\
\
\
\
\
\
\
\
LETTER OF CREDIT AND ASSIGNMENT
ThIS letter of CredIt and Assignment is made pursuant to the provIsIons of Section 16.20.030 and 16.20.040 ofrhe
Yelm Municipal Code for the purposes of bonding In lieu of completion of req uued IIDprovements and repairs described In
the Agreement attached hel'eto and made a part hereof. The undersigned does hereby assign, transfer, and set over unto City
of Yelm, all rights, title, and interest in and to Savmgs Account No. 0 S \1. (Q 0 \ ~ '1 \ 1 n
'f\,~-\ C I' \'VI WI! I V'\\ hi \~V\.~ . In the name of ~V\C\ \.~S :R\.VV\ \. \\ '. ll.-C- with
full power and authority to demand, collect, and receive said deposit for the use and purpose of completmg the required
lDlprovements and repairs described in said Agreement not completed by
pursuant to said agreement.
It is wlderstood and agreed that F\ V St-- r () )IV] YY\ i ~ V\ i"tt f \~ Holds the certificate covering said account in its
possession and agrees to hold the sum of $ ~ IDt7 I 5tJfeJO therein until release or partial release of this Assignment is
received from the City of Yelro pursuant to the terms of the attached Agreement, or demand made by the City of Yelm
pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions of said attached Agreement.
{)AJ?
~YOf~~
a xel er
DATED this 5~
ArrEST'
BY
Secretary
The undersigned hereby confirms the deposit of $
OS rlDD I <6, \
~ 7.7, &Ok CJD in Savings Account No.
.
in accordance with the tenns set forth herein and agrees to administer said
account as provided herein above until all such funds are released by the City of Yelm,
ArrEST
B if S t COYV-, ~'\A. u V) \hl '5CL\^.-\C
Financl8~ InSlJ.tutlon. . j
BY~Jhte~ .
ffiLE.\=S\2-,
TOTAL P 002
Me
City
',t~, ' ~. 4!Jil~~" \~lf 1l:~' , .'lt~wi'\ :'{' ,"',;"~.' ~lt~ Ji~~~~~i"':;'I,~~,,~o'>~:'~;'
.,~~~cb'".' ,,?~f{ ~'':JJ}.I~~(j,~:'i.~;D'l::>' W~~\i'~t~t",~\:
';: 1 l,U tj,.~~YtIO~::"'~~."'; " .e~..~'}-:~'t~,,~'i
~~ ~}t .~~..... ,l 'l/i"ttl1~} ~ifJ;~f~,~r ,"ri'tr~~..f;\~,~~~~U'" ~:~~~.~,\;ff1lt'~;~
..- ~....1f!lJ '. ',' . '.,... '\-,"" r \. ~"1' . .......~ ''':fe ....J""., 4";' ,,;~~ ~ ".
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
To:
Cathie Carlson
From: Tim Peterson
cc: File
Date: 03/13/01
Re: Canal Estates Punchlist
The water and sewer departments have done there second and final walk through of Canal Estates
and the project has been deemed complete by both departments.
I will sign the mylars and wi!! return to Howard Godat Engineers for their reproduction.
Please call if you have any questions.
Thanks.
. Page 1
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
DEVELOPMENT REVIEW - COMMUNITY DEVELOPMENT DEPARTMENT
(360) 458-3835
DATE. March 13, 2001
APPLICANT DA Randles Company CASE NUMBER SUB-01-8274-YL
PROJECT LOCATION Located at the corner of Canal Road and Rhoton Road
PROJECT SUMMARY Final Plat Approval
The enclosed project information is for your review Please provide written comments or recommendations to Cathie
Carlson by Frida~. March 23. 2001 Your comments will become part of the record and utilized in the decision-making
process by statf, lanmng 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
X PLANNiNG COMMISSION Short Plat Home Occupation(s)
X CITY COUNCIL Conditional Use Short Subdivision
Boundary Line Mobile Home Park
Adjustment
TO'
X City Administrator X Thurston County Assessor Yelm Parks Advisory Committee
X Community Development Director WSDOT
X City Engineer Intercity Transit
X Building Department X School District
City Clerk X YCOM Networks
X Public Works Supervisor X LeMay Garbage Service
X Fire Department X Puget Sound Energy
X Police Department X Viacom Cable
Adjacent Jurisdiction Adjacent Property Owners
X Thurston County Cap Com X US Post Office - Yelm
Thurston County Environmental Health Department of Ecology
Olympic Air Pollution Control Authority X Yelm Chamber of Commerce
WA Dept. Fish & Wildlife - Jim Frasier X Applicant's Engineer and/or Surveyor
Nisqually Indian Tribe X Applicant
C:\Community Development\Project Files\8274 Canal Estates\8274 Distribution.wpd
'"
City of ]
CATHIE CARLSON,
COMMUNITY DEVELOPMENT
DIRECTOR
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
DEVELOPMENT REVIEW - COMMUNITY DEVELOPMENT DEPARTMENT
(360) 458-3835
DATE. March 13, 2001
APPLICANT D.A. Randles Company CASE NUMBER SUB-01-8274-YL
PROJECT LOCATION Located at the corner of Canal Road and Rhoton Road
PROJECT SUMMARY Final Plat Approval
The enclosed project information is for your review Please provide written comments or recommendations to Cathie
Carlson by Frida~. March 23, 2001 Your comments will become part of the record and utilized in the decision-making
process by staff, Janning 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
X PLANNING COMMISSION Short Plat Home Occupation(s)
X CITY COUNCIL Conditional Use Short Subdivision
Boundary Line Mobile Home Park
Adjustment
TO'
X City Administrator X Thurston County Assessor Yelm Parks Advisory Committee
X Community Development Director WSDOT
X City Engineer Intercity Transit
X Building Department X School District
City Clerk X YCOM Networks
X Public Works Supervisor X LeMay Garbage Service
X Fire Department X Puget Sound Energy
X Police Department X Viacom Cable
Adjacent Jurisdiction Adjacent Property Owners
X Thurston County CapCom X US Post Office - Yelm
Thurston County Environmental Health Department of Ecology
Olympic Air Pollution Control Authority X Yelm Chamber of Commerce
WA Dept. Fish & Wildlife - Jim Frasier X Applicant's Engineer and/or Surveyor
Nisqually Indian Tribe X Applicant
C"Community Development"Project Files"8274 Canal Estates\8274 Distribution.wpd
U~I ~~/LUU~ u~ ~v
"
-,Ju\J ~.....v -.-,J-'V
CITY Or YELM
PO Box 479
Yelm WA 98597
360-458-3244
OFACIAL U8I! ONLY
I'ett
Oa\a Received
By
File No.
APPLICATION FOR
Final Plat
Fee: $750.00
(In addItIon, any professlonel service charges
per Resolution #358)
Subdivision Name
Canal Estates
Date of Prefimlll8ry Plat Apprwal J u 1 y 2 8 , 1 9 9 9
SUBDIVIDER
D.A. Randles Co.
Name
P.O. Box 1077
Address
Eatonville, WA 98328
(360) 832-8355
Phone
PROPER,..' OWNER{S)
William R. and Marqo S.
Name Cowles
P.o. Box 251
Addreaa
Yelm, WA 98597
Phone
SURVEYOR
Hatton Godat Pantier
Name
1840 Barnes Blvd. SW
Address
Tumwater, WA 98512
(360) 943-1599
Phone
ENGINEER
Hatton Godat Pantier
:
Name
1840 Barnes Blvd. SW
Addres:l
Tumwater, WA 98512
(360) 943-1599
Phone
lAND USE BREAKDOWN (Calculate to the Nearest Hundredth)
6.56
Total Aauge
NumW of SIrGl6 F_ny RMldenbl L.DIa 2 6
Numbot et Coml'lletd-' lCb
SrnlIIllMlI.Dl Nw
Total ~ In Optn S~
lM1iIth In I'ullllc SlrMb
LanglIlIn PINale Slrttts
6,116 s.f.
.72
937 s.f.
Nt-m1Mll' (If MultIt.mIIy R-.ldlll\hl \,.gla
Numbtt Cfli'llMb1BI \,.glJ
^ve~e LolArea
Fee In lieu 0( Open Space
TDlal Acreage In PublI~ SmlS
Total Acreage In Pr!II1Ila Slrettll
7,161 's. f.
'1.20
All of the lnfonnBtlol'l on the reverse slde of thla appRcatlQn Is required to be moo at thlt time of flnel plat
eubmlttal unlou . written walvor from the pillnner or onglne~lr aoc:ompanln the application. Aniif' this
ofIIce has received written eeI<ncwledgment from an department. required to algn the plitt, the !eglerOtlve
bOdy WIll be 10 advised and a dale for 8 public: meeting will b8 set for their consIderation. :
'"
City
. ,.,' ~ .' _ .,....<!J . ">i;"'~"""1-
~ J' "r', ~. ~ tJ:f" ".\. :"" ~ 'I .;"~."i""..~~"t... ',\- i!'.~~ ;;J&*'" ~
:... . ~'. '^Y~;t.,~L"',..~J ""'t~~,,~";,.t~/!t: ;..~\'i:;:i!i!ir"~~ ~'~k},?
" ~. J' bit :..:~4"'lJ. " ff7' C-Den;& w...",ii~-,::jt.
,. ",","..w. ~.~., ~L. '~~~'1'~;>
;\'. '" ~\<~ ~~ ~~, '~':t :' f'.q.~: ;"\ :;,~~" ;:",,'_.d~"~' J~';h;..ir.;~~~
J p~ I",r }lttl-r'~ :r,l . '~<:~'~"~~'" "''''_'Jt'-\r....'.Y.:v'ti~1iJf"'.,,(:, ..,.'
'~ ~ ~ > <f... . y . ~ '''''j", . ~
"
Me
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
To:
Cathie Carlson
From: Tim Peterson
cc: File
Date: 03/13/01
Re: Canal Estates Punchlist
The water and sewer departments have done there second and final walk through of Canal Estates
and the project has been deemed complete by both departments
I will sign the mylars and will return to Howard Godat Engineers for their reproduction.
Please call if you have any questions.
Thanks.
. Page 1
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
March 12, 2001
Mr Doug Randles
47207 Alder Cutoff Road E.
EatonvIlle, W A 98328
VIA Fax (360) 832-8356
Dear Doug:
The Final Plat Process requlfes that all punchlIst items be addressed eIther by correctIOn
or entenng Into an "Agreement for completIOn of Improvements and RepaIrs" wIth the CIty
of Yelm. ThIS must be completed pnor to filIng a Final Plat ApplIcatIOn. As of Thursday, March
8, 2001, the punchlIst correctIOns had not been completed.
r receIved a message from Jeff PantIer on Fnday, March 9, statIng that the punchlIst correctIOns
should now be complete Today, March 12, I requested a status on the punchhst from PublIc
Works and they are venfYIng If all Items have been addressed to their satIsfactIOn. Upon
venficatIon by the PublIc Works Department that the punchlist IS complete, I will dIstribute the
Final Plat ApplIcation for review Until I have a completed applIcatIOn packet I can't estImate
what dates the project will go to the Planning CommIssIOn for reVIew
If you have any questIons I can be reached at (360) 458-8408
SIncerely,
~~C~~
Cathenne Carlson
Community Development Director
cc: Jeff Pantler, VIA Fax 357-6299
Tim Peterson
I ~~ Of THE P14~ I
FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX. 360-458-4348
To: -J'aff- PP4h&(
Fax #: ~51~ ~z.. l'
From: ~-f1J/~ Crlsm
Date: 3 f 2-/0 I
Pages: 2-, mcluding this cover sheet.
Subject:
COWv1ENTS
**
If you do not receIve all copIes or any copy IS not legible, please call (360) 458-3244 as
soon as possible
ds/cloffice\forms\fax.3
From: Dou~ Randles
Fax: +1 (360)832-8356
To: Cathy Carlson
IFAX
To: Cathy Carlson
Phone
Fax Phone 0013604583144
Fax: 0013604583144
Page 1 of 1 Friday, March 09, 2001 11.21 AM
I Date: I Friday, March 09,2001
I Pages including cover sheet: 11
Fro m : Doug Randles
D.A Randles Co
47207 Alder Cutoff Rd E
Eatonville
Wash 98328
Phone +1(360)R3?-R355
Fax Phone +1(360)832-8356
IliBIII
~C;U.L ~u LIJ.j,
I am sending this fax to ask for a update on Canal Estates I spoke
\iV.l Lh Jell Pall L.ieL dllU he Lulu me LIla L LheL e hao veell a uelay allU Lha L
we are not going to mave the March 19th meeting I am hoping that you
can tell me why the delay when we will go before the planning
committee and also when we should expect city council approval I am
still out of the country but if you could fax a reply to (360)
832-8356 they will forward it to me Thank you in advance
Sincerely,
Doug Eandles
********** COMM. JOURNAL **************************************** DATE Mar 12-2001 **** TIME 12 12 ********* Page 01 **
MODE Memory Transmission
F i I e No. 047
Start Mar-12 12 11
End Mar 12 12 12
Stn No
Comm. ABBR No
OK
Station Name / Tel No
93576299
Pages
Durat ion
001
002/002 00 00 17
-CITV OF VELM-COMM DEV
***************************************************************** -VELM COMM DEV
***
360 458 3144 **********
FAX TRANSMISSION
CITY OF YELM
PO sox 479. 105 YELM AVE W
YELM WA 98597
3SQ-4Se-3244
FAX: 360-456-4348
To: -r4f P~fl+t~r
Fax #: ~51- ~Z- l'
From: C~-h71e.~ C ( Is on
Date: J J 2-/0/
Pages: 2_, including this cover sheet.
Subject:
COMMENTS
**
If you do not receive all coples or any copy is not legible, please call (360) 458-3244 as
soon as possible
********** COMM. JOURNAL **************************************** DATE Mar 12-2001 **** TIME 11 51 ********* Page 01 **
MODE Memory Transmission
F i I e No 046
Start Mar-12 11 37
End Mar-12 11 51
Stn No
001
Comm. ABBR No.
OK
Station Name / Tel No
913608328356
Pages
Durat ion
002/002 00 00 35
-CITV OF VELM-COMM DEV
***************************************************************** VELM COMM DEV
***
360 458 3144 **********
FAX TRANSMISSION
CITY OF YELM
Po Sox 479 . 105 'YELM AVE W
YELM WA 98597
.:360-456-3244
F'Al(' 36Q-458-434S
TO'VOU,/ r0nJ Is
Fax#:(JroG)83l- ~3Qo
From. Cp-+1? I -.e. - Cr Iy-'I)
Date: ;} / 12-/6 /
Pages: L . including tIns cover sheet.
Subject:
COlvfMENTS:
**
If you do not receive all copies or any copy is not legible, please call (360) 458-3244 as
soon as possible.
OF
PHONE
AREA CODE
NUMBER
EXT
o TELEPHONED
o CAME TO SEE YOU
o RETURNED YOUR CALL
(f)
f-
ill
(f)
~ ~~--~----------.----------------~
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
March 8, 2001
James K. D'Aboy, PE
Cosmopolitan Engineering
117 South 8th Street
Tacoma, WA 98402
Re Canal Estates Subdivision
Dear Mr D'Aboy.
Per your discussion with Cathie Carlson, Community Development Director, please find
attached information regarding the Canal Estates Subdivision application for your
review
The applicant is currently working with our Public Works Department to complete the
final plat inspection and punch list items Once the punch list is complete and addressed,
the City will send notice of Final Plat Approval
Please provide your review comments to Cathie Carlson no later than March 22, 2001
Thank you for your assistance If you have any questions, please call me I can be
reached at (360) 458-3835
Sincerely,
/-
J~ ; / ~..
/ /" j :t.. /" {' / ~L ..../ "'-..
,
,
Tami Merriman
Planning Technician
MEMORANDUM
To:
From:
Date:
Subject:
SPRC
CathIe Carlson
March 6, 2001
SUB-01-8274-YL, Final Plat Approval for Canal Estates
Attached IS the mformation packet for the Final Plat Approval for Canal Estates. After your
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.
March 20 - WrItten comments due to CathIe
March 26 - Staff Report Complete and dIstribution to Planning CommissIOn
April 2 - Planmng CommIssIon ReVIew and ActIOn
AprilS - Staff Report Complete and dIstributIOn to CIty CouncIl
April 11 - CIty Council ReVIew and ActIOn
1840 Barnes Blvd SW
Tumwater, WA 98512
Phone (360) 943-1599 - Fax (360) 357-6299
RECEIVED
FEB 28 2001
BY:
HATTON GODAr PANTIER
TRANSMITTAL LETTER
TO
Cathie Carlson
DATE
27 February 2001
Company"
City of Yelm
RE
Canal Estates
Address
AGENCY NO
01-8274-YC
City, ST Zip
HGP JOB #"
00-037
We are sending you
[gj Prints
o Mylars
o Specifications [gj Other
1 Blue Line of Page 1 which has been signed by parties, dated 1/24/2001
1 Copy- Draft - Declaration of Protective CC&R's for Canal Estates (undated)
Items transmitted for" 0 Approval/Submittal
o Your use
[gj Review and comment
o As requested
o Other
Remarks.
Cathie
Please find the above described documents Please review CCR's I have also attached a
copy of page one (1) of the Plat, as you can see we have attained all required signatures of
owners
Should you have additional questions, do not hesitate to telephone
Signed Dee Millard for Jeff Pantier
Copy to 00-037
Transmitted via
o Regular mail
o Overnight
... Courier (Dee)
o HGP delivery
o Client pickup
Document2
-----
----
----
----
----
PLATOF CANAL EST A TES
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 181
TOWNSHIP 17 NORTH1 RANGE 2 EAST1 W.M.
CITY OF YELM, THURSTON COUNTY, WASHINGTON
NOTES
1. TRACT "A" IS HEREBY Drn/CA TED TO Tf1E CANAl.. E:STA TES HOME OIlNER'S
ASSOCIA nON.
2. ~ SPAce/COI.IMtlNITY AREA ffiACT "A" CONTAINS A STORMWATER
FAC/UTY, PRO'vlDING BOTf1 TREA T/JENT AND STORAGE. FOR STORlIWA TrR
RUN-OFF" G(NERATED FROI.I Tf1IS PLA T. Tf1E CANAL ESTATES HOI.IE OIlNER'S
ASSOCIAnON IS RESPONSIBLE FOR MAINTENANce OF TRACT "A"
3. EACH LOT 'MTf1IN THIS PLA T (1 Tf1ROUGH 26 INCt.USlVf:) IS SUB.ECT TO
lIInGA nON AGRaJ./ENT Bf:TVrFIN 'MWAlI COIlUS AND l'l:U1 SCHOOL
DISTRICT NO.2. MInGAnON FF:ES IN Tf1E AMOUNT OF S650.00 PER LOT
SHALL BE PAID PRIOR TO ISSUANce OF BUILDING PERMIT.
--
--
---
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11
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I RECORD OF SURVEY
I AF #8490280006 ~ ,,~.,:..
I / sw CORNER, NE 1/4, SW 1/4 /0/ ...
-V~ /f 750.00 '
--:--;r- r- - - ~- - - /
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------
----
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Z~
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as@t
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FEBRUARY 2001
SCALE. 1"=50 FEET
.....- -~
o
25
50
100
EASESMENTS/RESTRICTIONS
&
~
ffi
&
ill
RESffi/CTED ACCE:SS SffiIP(HATCHrn AREA)
ACCESS TO AND FROI./ LOTS I, 26, 25, 24, 23,
TRACT ")I." AND LOT 16 IS RESTRICTED TO Tf1E
INTERNAl.. ROADWAYS ONLY. NO Vf:HlCULAR
ACceSS TO AND FROM CRYSTAl.. SPRiNCS ROAD
AND RHOTON ROAD SHALL BE PERJ.IITTED
'MTf1OUT PRIOR APPROVAl.. FROI.I Tf1E CITY OF
'rUM.
10' 'MDE unuTY E:ASDlENT (Sff E:A$fJ.IENT
PROVISIONS SHEET I OF 2)
RESffi/CTED SOIL DISTURBANce AREA. SOIL
'MTf1IN THE 10' 'MDE SffilP SHALL REMAIN
UNDISTVRBrn.
10' 'MDE STORM DRAINAGf EASEMENT HEREBY
GRANTED TO Tf1E CANAl.. ESTATES
HOI./EOIINER'S ASSOClA nON.
lIf.'ST BOUNDARY UNE ESTABUSHED
ACCORDING TO SURVf:Y .4F /8409280006
AND DEED AF I3J02515.
LEGEND
. FOUND 5/8" REBAR &: CAP
LS NO. 9608 (SURVf:Y AF /8409280006)
. FOUND AS NOTED
@ FOUND RAILROAD SPIKE PER
SURVf:Y AF /8409280000
S ~ C~J'iffrg,s~or;~:S;ID "JSP 2807J"
SH 5/B" RESAR 'MTf1 PLAsnc CAP
STAJ./PED "JSP 2807J"
STREET ADDRESS - YEUI. WA 98_
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~ SHEET 2 OF 2
o
7J~ ' " FOUND 2" IRON PIP,
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'1" lJ91.64 --r 1J244J
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, FOUND 1/2" IRON PIPE I FOUNOt IRON PIPE
, AS 'MTNESS CORNER I fA AUGUST 1984
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, S1JBDI't!SION OF' THE SOU1HIlEST QUAR'TER OF'
, SE:C71OH 18. TO'llNSHIP 17 NORTH, ~ 2
I FOUND 1/2" EAST. W,W, PER SUR'of:Y AF /84C92BC006
IRON PIPE I
, AUGUST 1984, I
IJ :,8 '
, _____~5.:.9_8____L _ IJ28.91 118
24 19 N 88'44'08" W 2754.89 - - - - - - --~
_ _ I 19 FOUND 1/2"
-- I __ tROOPIPE
c--~ <:, I - - - - AUGUST 1984
90.oO:::~=__" ...
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I I LINE TABLE
I NO BE:AR I NG
20' I 20' Ius 10 08 46" W
I 1 L2 S 10 08 #)" W
LJ S 05 24'49" E:
L4 N 01 15 '55" E
L5 N 01 15 '55" E
L6 N 50 11 'Og" E
L 7 N 40 01 '5 I" W
L8 S 27 J8 'J6" W
L9 S 57 24 J7" W
L10 N 86 06 'so" W
4. EACH lOT 'MTf1IN THIS PLA T (1 Tf1ROUGH 26 INCLUSlVf:) IS SUBJECT TO
A ffiANSPORTAnON FAClUTY CHARGf OF $757.50 PER LOT. THE
ffiANSPORTAnON FAClUTY CHARGE SHALL BE PAID PRIOR TO ISSUANCE OF
BUILDING PCRMlT.
5. ALL WATER COtINECnON FEES SHALL SE: PAID PRIOR TO ISSUANCE OF"
8UILDING PCRMlTS.
6. ALL STEP ~R COONEcnON FF:ES SHALL BE PAID PRIOR TO ISSUANce
OF BUILDING PERMITS.
7 CANAl.. E.STA TES DRiVE $.E. AND CANAl.. E.STA TES COURT S.E. ARE
HERf:B'r' DITDED TO Tf1E CITY OF 'rUM.
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TRACT -A-
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CANAL ESTATES DRIVE S,E. I
56.~ 56.00 [ 56.00 L 56,00
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I HA~TdN CO.oAT PANTIER
CIVIL ENCINEERS AND LAND SURVEYORS
2708 WESTMOOR COURT 6J26 MARnN WA Y SUITE G
OL YMPIA. WA 98502 LACE" WA 98516
943-1599 4-91-974-4 nnn':l7
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CURVE TABLE
NO DEL TA RADIUS
- --
CI 15 JJ'J6" 10000
C2 83 19 16" 100 00
CJ 90 00 '00" J5 00
C4 9000'00" 2500
C5 4502'08" 25 00
C6 6006'21" 5000
C7 2600'J4" 5000
C8 58 J1 4J" 50 00
C9 Jl 41 17" 50 00
Cl0 5' 25'2J" 5000
Cl1 42 18'59' 5000
C12 4502'08" 2500
C7J 9000'00" 2500
C14 8J 19 16" 72 00
C15 15 JJ'J6" 72 00
C16 90 55 'OJ' 3500
C17 1 JO 17' 1465 00
C18 2 59 12' 1465 00
C19 149'29" 146500
C20 86 Jl '04' 25 00
C21 7 10 '40" 1455 00
C22 5 06 lJ- 2200 00
C2J 227'27" 219000
C24 91 40 Jl" J5 00
C25 lJ 47'20" 12800
C26 1 #) 16" 128 00
C27 5 11 51" 12800
C28 2' 58 42" 128 00
C29 10 24 10" 128 00
CJO 8 57 42" 128 00
CJl 10 24 10" 728 00
CJ2 2200'26" 12800
CJJ 4 22 15" 728 00
CJ4 9000'00" J500
'3::
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:2
,
,
I
DISTANCE
7 99
8 18
5 05
14 74
13 9J
J952
24 71
20 00
20 00
11 04
LENGTH
27 16
145 42
54 98
J9 27
19 65
52 45
22 70
51 08
27 65
44 88
J6 9J
19 65
J9 27
104 70
19 55
55 54
J8 47
76 J7
46 66
J7 75
182 28
195 96
9J 9J
56 00
JO 80
J 96
" 61
49 '0
2J 24
20 02
2J 24
49 16
9 76
54 98
D7IRllIl . /Z1 /2COO
HATTON GODAT PANTIER
1840 Barnes Blvd SW
Tumwater, WA 98512
Phone (360) 943-1599 - Fax (360) 357-6299
TRANSMITTAL LETTER
TO
Cathie Carlson
DATE
February 15, 2001
Company'
City of Yelm
RE
Canal Estates
Address
AGENCY NO SUB 998236
City, ST Zip
HGP JOB #' 00-037
We are sending you [8J Prints 0 Mylars
o Specifications [8J Other
1 Final Plat application
1 Warranty Agreement
1 Summary of
conditions met
# 1 PLAN DESCRIPTION Title report
COPIES 2 DATE Lot closures
1 llx17 mapO
12 1/24/01 Bluelines
1 i I Check $750
Items transmitted for' [8J Approval/Submittal
o Your use
o Review and comment
o As requested
o Other
Remarks
Signed Janna Rendon for Jeff Pantier
Copy to Doug Randles, engineer, survey
Transmitted via
o Regular mail
o Overnight
o Courier
X HGP delivery
o Client pickup
Document?
HATTON GODAT PANTIER
City of Yelm
Tran # Invoice
2304 2/16/01
Type
Invoice
Date
Date Reference
02/16/01 00-037
2/16/01
Balance
$750 00
Check Number
Check Amt
Discount
$0 00
1 O:tS c(il ()
$750 00
Pay Amount
$750 00
R1r7'''~ ::;"-:"J'h-;'-'l.
If< .., \.. ..,I ~ . h-..J JJ..-JI
JAN 2 9 2001
BY
HATTON GODAT PANTIER
January 30, 2001
Mr Tim Peterson
City of Yelm
POBox 479
Yelm, WA 98597
Re Canal Estates
SUB-99-8236-YL
Dear Mr Peterson
Submitted for review and approval are the as-built mylar drawings of the site
improvements for the subject plat Also included is a copy of the bills-of-sale for the
water distribution main and the S T E P sanitary sewer along with a copy of the
storm drainage maintenance agreement
Once you have reviewed the bills-of-sale and maintenance agreement, I will obtain
the signatures required to record these documents
Review and approval of this project at your earliest possible convenience is
greatly appreciated If you have any questions on this project, please do not
hesitate to call
Sincerely,
Kevin R O'Neil
Project Engineer
cc Doug Randles, D A Randles' Co , POBox 1077, Eatonville, WA 98328
File #00-037
Hatton Godat Pantier Inc
2708 Westmoor Ct SW
Olympia WA 98502
T 360 943 1599
F 360 357 6299
800700 1693
ENGINEERS AND SURVEYORS
hattonpantier com