Project Review & Correspondence
NOV- 2-01 WED 12 46 PM
ARCADIA DRILLING
FAX NO
3604261455
P
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slon(.x-3~ - ~- SO~..5
~ Water Ri~gt t'ttnit No.
RIGIN. CONSJ'RUCTION' . .
of InUnt Numher ,~ \. M;'ny er C~....... \
I,/J/
CURREr-IT
Notice of Intent No.
Unique Ecology Well ill Tag No.
It !i Cj'd 2..0
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PRoposm USE. [i}6omeslic o lodustml o Municipal Well Streel Address (JY'a..~ r; ~ (&J..J A J.. ~'S...+q
o t)eWaler Olrrigation OTeSI Well DOtller
TYPE OF WORK. Owner s number of well (if more than one) Cily count~4:p.r:n.-;:;
ONc\II Well ~eondilioned Method 0 Dug o BQred o Dnven Locatio~E 1/4. 1/4 ~/4 sc~2c.:t hnD- IE EWM CI
It!..:... or 0
o Deepened L('()--"I\'/~'\ DC2ble ~oUry o Jetled LatlLong' WWM
OIMENSJONS. Diameter of well 'X jD~hes. drilled_..~._fi (',l,r still L.\IDeg I ,;)t Min/SCC --
Depth of completed "'ell tJ'I fc. REQUIRED) Long Deg__ tong MinlSec -..__
CONSTRUCTION DETAILS Tax Parcel No. ~ I 7-;J-4 110.<\03
Caslu. G'welded ~.. D.am. from of I fi 10 ~jl CONSTRUCTION OR DECOMl\'IlSSION PROCEOUltF. --
-.-
lnsullcd: [] Liner installed - Dialo. (rom _.__ft. to ~._fi. Formation: Describe by color, charllcler. sire or 11I3tenaland ~lnJctwe. l\1ld the
-
o Threaded - Iliam from _ _fC. to __. n kind and nature of the milleriaJ in each S1Iarum penetraled. with ~t IUSl one
envy (or ench ebange of information. ImJicstc all waler cneouulered
I'ertorallons: 0'Yc~ D No h (US!) ADDITIONAL SHEETS n: NECESSARY)
Type of pcrf0l8tOl used_ALe_fulL: t.<.. .r 10' ft to~fl.. MATERIAL FROM ro
SIZE of cxrfs.L In. by~lO. and DO. ofperls2J.J!efrom ---
Seruns: 0 Yes @'No o K.Pac Location, 0... '.n..... ___ 'J <L ,t.._ 1 -- -.~-._.,,-- .---.--
-- "\
Manufaclllrer's /lbme. - _ J ~.h. '-- --
6. ,-" ,'.L_
1'ype~_.- ._--_.~~- Model No .,-
Diarn._______Slot Siz.e__fronL n. to fl
Diam._ ..n ,n ....510t Si7,e _from_. n.IO ft. WAC J 7 3 ... I 60 -,32 I (I)
..-
Gf2vcI/FHter packed: 0 Yu ~ 0 Size of gravellsand_
Materials placed from " ..Jt.IO -- r~
~s ~o To what depth? ~j..''f'''' ....- .-
Surbce Sui: fl
--
Materials U~td In seal . "\.... h.. {'/~_
Did al\Y ItrAla conlaio u(lIlSable water7 DYes ~o ._~_._-- ----
Type of \4'al~r1__ Depth of Sluta -- ----- ....-..-.---.
--- "'--
Method of scalio.g Sllau orr___. .--- ------......--- .-.-.---...-
PUMp. M.,nufaeturer's Name___ ..............- ... --.-..--...-
Trpt HP ..........--....- ,--~--
~ Land.surface elevation above mean tea level~~_rl.
WATEltLEVltS: "- 1----- .----..-.......
Stlne level ::,--/ (f below top of well Date_lQ- '3(""<.11
Art(si~n prcs~nre__.._Jbs. pcr squHe inch Dale ... ... .-
Al1t.liao water i~ eoocrolled by ___ .-.... .-
(cap,valve. etc.)
WELL TESTS: Orawdown is amount water level is lowered be/ow staric level - ...-.-.... -
Was a pump test made' 0 Yes o No If yes. by who(Cl? -- r-----~ -.-.-.-
Yicld,__.._ _sal/miD wi(ll___~fl u'Awdown after ._tu's ~ ~- --...., ..'J"Y.._.............
Yicld:___ _.gal.fmio. Wilh___ fl drawdown after__ hIs.
Y,dd:___.Ral/min. witb~_fl drawdown after hTs
R<<ov,ry data (Ill'll! lak.n tlJ uro wlun pUlflp IIIrnl!d (lff)(waltr /I!velmeoJuredfrQItI ----------..-.- 1------ ..-.---
well lap ro ....arer level) ...-----....,.
nOle Waler '..evel Time Waler Level Time Water uvel ~
,
-- --....- - - --
-- -' - -.--...-- -- ----...- - .--- _,__._w_
.....---..- -.- -- -
Ible o( 'c~l.______ .- _.'w,_ ..._~
Baile( lesl __._____gal/min. wtlh ft drawdQwn I.l'lcr_lus. --. .--..--.-
Amest _::::::__EaJ./min. with slem ser 1t - fl. for -- Ius.
Arttsian now -w....w w .-..." .---. g p.m. Date 10-3 ( ~ () '_ Completed Date__ N ~ I .0 (
Trrnperaluce o(,".ler_ Wasa chemicalanalytis made? DYes DNo Start Date -
_tnl.~~l<o'~"""'''''''''
rele
Ilt
wn,L CONSTRUCTION CEIUll"lCA TION: I constructed andlor acc~pl respon51bihty for construction of lhis well, and Its compliance with all
Washington \~ell eonstnletion statldanls. Mateo s used nnd I rfoj!I}ation reponed ~~ve 8ft true [0 my bcstlcnowledgc :md belief
ODlitlcr DCl\j:Inc(f OTfainee Name (Pnnt) I \ I Dnlling Company
DrillerlF.Jlgincerrrlaince Sjgnatur~ Address
Orilla or 1hince License No 20 S" ~
~"':::'I;""'''' drill,,',
S1gnalure and License no.
--.-.
City Slate, Zip
Contractors
Registration No.
Ecology is an Equal Opponuntly Employel
Datc-,-.___.._
E.cy OW. I 20 (/(ev 4/0 I)
September 24,2001
CIty of Yelm
POBox 479
Yelm, WA 98597
Attn. CathIe Carlson
RECEIVED
SEP 26 2001
BY:
Ken Brown
POBox 496
Yelm, W A 98597
-
Dear CathIe
Thank you for your letter dated September 11, 2001 covenng the meetmg we had at my
reSIdence on that day
I apprecIate you and JIm Gibson meetmg WIth Doug Bloom/and I to resolve the Issues
addressed m your letter You have covered thmgs very well and to my satIsfactIOn.
For your mformatIOn we have managed to get the shed moved and power IS now
available for the S T.E.P control box at the locatIOn dIscussed m our meetmg and as
stIpulated m your letter The small gas tank has been dIsconnected and IS ready to be
moved to the upper level.
I awmt Doug's schedule for the S.T.E.P mstallatIOn and connectIon to CIty water
Thank you agam for your aSSIstance m thIS matter
Smcerely Yours,
~..~
Ken Brown
cc Doug Bloom
Jim Gibson
City ofYelm
105 Ye/m Avenue West
PO Box 479
Ye/m, Washington 98597
(360) 458-3244
September 11, 2001
Ken Brown
PO Box 496
Yelm, WA 98597
Doug Bloom
Rainier General Development Inc
PO Box 627
Rainier, W A 98576
Via Mail
Via Fax: (360) 446-2972
Dear Ken and Doug
This letter is to confirm the mutual agreement on the various issues that we discussed today
To ensure a common understanding I will recap the issues and who is responsible for each
item
Lower driveway at base of home
A. The City will allow a second driveway access to the Brown property This access
will not require a concrete apron
B Doug will grade the driveway at the time the S T E P system installation Doug
will not include the installation of any additional gravel Only on-site materials will
be used
2 S T E,P System installation
A. Doug will install the complete system to include a traffic bearing lid, if required,
on the tank The control box will be located on the outside corner of the
basement exterior wall
B Doug will fall and remove the small tree located next to the road
C Ken will move the Shed
3 Propane Tanks
A. Lower Tank - Doug will move and place up on the upper terrace Ken will have
the tank disconnected prior to move and will be responsible for reconnection
B Upper Tank - If Doug has the proper equipment on site he will move the tank If
not Ken will be responsible for moving the tank Disconnection and reconnection
of the tank is Ken's responsibility
4 Waterlilne
A. Doug will complete trenching, install line and connect the house to the system
B Doug will disconnect the well and abandon it to DOE standards
C Ken will contact John at Yelm Telephone and arrange for the telephone line to be
on site Doug will place the line in the trench
5 Miscellaneous
A. Tree Stump removal will be done by Doug if he has the proper equipment on-
site Otherwise Ken will be responsible for stump removal
B Hedge Removal - Doug will dig up Ken will be responsible for disposal of the
hedge
C Removal of Dirt stored on Doug's Lots - Doug will load the two dirt piles and
arrange for the truck to haul the dirt to a location in the Bald Hills Ken will be
responsible for the cost of the truck.
D Fill - Doug will try to bring in 2 to 3 loads of fill if readily available and place in the
approximate location of the hedge/pervious parking area. He will not be
responsible for grading the fill If fill is not readily available Doug will not be
responsible for providing fill at a later date
6 Schedule - Doug will prepare a schedule for completion on the above discussed
issues and distribute the schedule to Ken and the City
I believe this covers all the issues we discussed Please let me know if you there are any
issues I did not cover I can be reached at 458-8408
Sincerely,
aJU~ U1/;V-
Cathie Carlson
Community Development Director
cc: Jim Gibson
C'\MyFiles\CA THI E\bloom-brown.doc
FAX TRANSMISSION
CITY OF YELM
COMMUNITY DEVELOPMENT DEPARTMENT
PO BOX 479 -105 YELM AVE W
YELM W A 98597
(360) 458-3835
FAX. (360) 458-3144
TO:
Doug Bloom
DATE: SEPTEMBER 12, 2001
FAX #: 446-2972
PAGES:
3
including this cover sheet.
FROM: Cathie Carlson
Community Development Director
SUBJECT:
COMMENTS:
Good Morning,
Let me know if this is ok. If I don't hear from you by this afternoon I'll
assume all the points are ok and will put it in the mail to Ken.
Thanks - Cathie
* * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE C.f\LL
(360) 458-3835 AS SOON AS POSSIBLE.
C:\ WINDOWS\Desktop\fax cover.doc
'--~._~~.~... ~-~.~.~.--~~._.~.~.-~-~~.._-~..,~~~~-----~.~._-~~.~-.-~. --_.~ ~ - ~~-~ --~~_.-.~~ ._--.--------------._~--~_.~-~~-,.<-~-
..~
t:~~~~h .
vL 1./ (,". ao u tl /J1 t2 A" 7'("
kc,/( d' 6-" b ~"[/\' , . ~ I
CITY OF YELM
COMMUNn~DEVELOPMENTDEPARTMENT
PO BOX 479 -105 YELM AVE W
YELM WA 98597
(360) 458-3835
FAX: (360) 458-3144
TO;
Doug Blooln
DATE: SEPTE:MBER 12, 2001
FAX #: 446-2972
PAGES: 3
including this cover sheet.
FROM: Cathie Carlson
Community Development Director
SUBJECT:
COMMENTS:
Good Morning,
Let me know if this is ok. If I don't hear from you by this afternoon I'll
assume all the points are ok and will put it in the mail to Ken.
Thanks - Cathie
* * IF YOU DO NOT RECENE ALL COPIES, OR ANY COpy IS NOT LEGffiLE, PLEASE CALL
(360) 458-3835 AS SOON AS POSSffiLE.
c:\ WINDOWS\Desklop\f~ cov,",r.doc
********** -vv~8 8SV 098
***
A3G WWOJ W13A *****************************************************************
A3G WWOJ-W13A jO AlIJ-
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** ~O a~ed ********* OZ 60 3WIl **** ~OOZ-Z~ das 3lVG **************************************** l~N~nor 'WWOJ **********
City of Yelm
Community Development Department
P.O. Box 479
Yelm, W A 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
To: Barb Chnstensen
From: Tami Mernman, Planning Techmcian
Date: July 23, 2001
Re: Overpayment
Barb
PublIc Finance overcharged us for the Prame Wind Estates LID SegregatIOn, WhICh, m turn, we
overcharged the applIcant. Paid on 5/7/01, ReceIpt No 18717
PublIc Finance has Issued a check to us in the amount of $10000 We now need to reImburse
Ramier General Development, $10000
Please find me If you have any questions
Thanks,
~
TamI
C:\Community Development\Project Files\SUB Full Plat Subdivision\8285 Willow Glen\Memo re
overpayment.doc
"
+:'\ ~
City of Yelm
Community Development Department
Invoice No COO-01-019
INVOICE ~
Customer
Name Rainier General Development
Address POBox 627
City Rainier State WA ZIP 98576
Phone 360-446-2385
Date
Order No
Rep
FOB
6/19/01
Prairie Wind
Estates
SUB-01-8278-YL
Qty Description Unit Price TOTAL
1 E True & Associates Invoice # 2115 $480 00 $480 00
Final Plat Survey Review
SubTotal $480 00
Payment Details Shipping & Handling $000
0 Cash Taxes WA
0 Check
0 TOTAL $480 00
IOffice Use Only
City of Yelm
Community Development Department
POBox 479
Yelm, WA 98597
(360) 458-3835 fax (360) 458-3835
THANK YOU
t\~
~,
/,C
/""
E. TRUE & ASSOCIATES
LAND SURVEYING
ATT CATHERINE CARLSON
CITY OF YELM
105 YELM AVE WEST
YELM, WA. 98597
POBOX 908
18225 COOK ROAD S E
YELM, WA. 98597
206 458-2894
DATE APRIL 30, 2001
JOBNO 2115
FINAL PLAT REVIEW FOR PRAIRIE WIND ESTATES
60 HRS @ $80 00
TOTAL DUE = $480 00
$480 00
THA.~YOU, ~
2~~ /1, ~A~
EDDIE M TRUE P L.S
PAYMENT DUE UPON RECEIPT OF STATEMENT PLEASE PUT JOB NO
ON YOUR CHECK TO INSURE PROPER CREDIT TO YOUR ACCOUNT
# StlV8 %
/ h - (A:: '- e:-s;,."Q-( O~ ' # StlV8 %
I J .
f 1..--/ / / / 7 :ep:lO
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:luaW^Bd JOl pe^oJdctv
City of Yelm
Community Development Department
Invoice No CDD-Ol-012
INVOICE ~
Customer
Name Rainier General Development
Address POBox 627
City Rainier State WA ZIP 98576
Phone 360-446-2385
Date
Order No
Rep
FOB
5/15/01
Prairie Wind
Estates
SUB-01-8278-YL
Qty I Description
'Cosmopolitan Engineering Group Invoice #2001100
Engineering Review and Services
Unit Price I
$1,483.29
TOTAL I
$1,483.29
cky
JO~
0""
~'
.,.t v'),'"
'\ 9 \ \.).
'Jf ..... .-").
\* \ \~'!]
SubTotal $1,483.29
r Payment Details Shipping & Handling $000
0 Cash Taxes WA
0 Check
0 TOT.A.L $1,483.29
City of Yelm
Community Development Department
POBox 479
Yelm, WA 98597
(360) 458-3835 fax (360) 458-3835
THANK YOU
S00017LOT.ptc
(j/;<f'/D/
C-e-
Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD
Date Prepared: 4/27/2001
Drawing: S00017PLAT.dwg
----------------------------------------------------
PRAIRIE WINDS ESTATES
LOTS 1-24
Lot 1
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11477.589
5549.535 Start
(POB)
S88029'51"E
N1016'59"E
50.70
91. 80
11476.260
11568.037
5600.217
5602.273
** Horizontal Curve:
N43036'26"W 35.29
pc-pt
N88043'01"W 25.00
1 In pc-rp
Delta: 89046'50"
Radius: 25.000
Length: 39.174
Tangent: 24.904
N1030'09"E 25.00
lOut rp-pt
11593.588
5577.935 Chord
11568.597
5577.279 Radia
11593.588
5577.935 Radia
N88029'51"W
S1030'09"W
East
25.35
116.70
0.00
11594.253
11477.589
11477.589
5552.595
5549.535
5549.535
11477.589 5549.535 Close
(POB)
Area: 5,758 S.F. 0.132 Acres
Lot 2
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11478.638
5509.549 Start
(POB)
S88029'51"E
N1030'09"E
N88029'51"W
40.00
116.70
40.00
11477.589
11594.253
11595.302
5549.535
5552.595
5512.609
Page 1
S00017LOT.ptc
S1030'09"W 116.70 11478.638 5509.549
East 0.00 11478.638 5509.549
-------------- --------------
11478.638 5509.549 Close
(POB)
Area: 4,668 S.F. 0.107 Acres
Lot 3
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11484.241 5469.682 start
(POB)
S64043'00"E 11.30 11479.416 5479.898
S88029'51"E 29.66 11478.638 5509.549
N1030'09"E 116.70 11595.302 5512.609
N88029'51"W 40.00 11596.351 5472.623
S1030'09"W 112.15 11484.241 5469.682
East 0.00 11484.241 5469.682
-------------- --------------
11484.241 5469.682 Close
(POB)
Area: 4,645 S. F. 0.107 Acres
Lot 4
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11502.910 5430.158 start
(POB)
S64043'00"E 43.71 11484.241 5469.682
N1030'09"E 112.15 11596.351 5472.623
N88029'51"W 38.18 11597.352 5434.455
------------
** Horizontal Curve:
N88004'56"W 1. 82 11597.413 5432.637 Chord
pc-pt
N1030'09"E 125.50 11722.809 5437.746 Radia
1 In pc-rp
Delta: 0049'50"
Radius: 125.500
Length: 1.819
Tangent: 0.910
S2019'59"W 125.50 11597.413 5432.637 Radia
1 Out rp-pt
------------
Page 2
S00017LOT.ptc
S1030'09"W 94.54 11502.910 5430.158
East 0.00 11502.910 5430.158
-------------- --------------
11502.910 5430.158 Close
(POB)
Area: 4,133 S.F. 0.095 Acres
Lot 5
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11652.877 5453.301 start
(POB)
S88029'51"E 36.46 11651.921 5489.744
N1016'59"E 117.72 11769.611 5492.380
N88029'51"W 36.00 11770.555 5456.388
S1030'09"W 117.72 11652.877 5453.301
East 0.00 11652.877 5453.301
-------------- --------------
11652.877 5453.301 Close
( POB )
Area: 4,265 S.F. 0.098 Acres
Lot 6
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11656.640 5416.487 start
( POB)
------------
** Horizontal Curve:
S80020'36"E 19.72 11653.332 5435.923 Chord
pc-pt
N17048'39"E 69.50 11722.809 5437.746 Radia
1 In pc-rp
Delta: 16018'30"
Radius: 69.500
Length: 19.782
Tangent: 9.958
S1030'09"W 69.50 11653.332 5435.923 Radia
1 Out rp-pt
------------
S88029'51"E 17.38 11652.877 5453.301
N1030'09"E 117.72 11770.555 5456.388
N88029'51"W 36.90 11771.523 5419.501
S1030'09"W 114.92 11656.640 5416.487
Page 3
S00017LOT.ptc
East
0.00
11656.640
5416.487
11656.640 5416.487 Close
(POB)
Area: 4,326 S.F. 0.099 Acres
Lot 7
Bearing Distance Northing Easting
11670.141
5380.829 start
(POB)
S69006'38"E
34.40
11657.877
5412.964
** Horizontal Curve:
S70038'59"E 3.73
pc-pt
N20053'22"E 69.50
1 In pc-rp
Delta. 3004142"
Radius: 69.500
Length: 3.734
Tangent: 1.868
S17048'39"W 69.50
1 Out rp-pt
11656.640
5416.487 Chord
11722.809
5437.746 Radia
11656.640
5416.487 Radia
N1030'09"E
N88029'51"W
S1030'09"W
East
114.92
36.00
102.36
0.00
11771.523
11772.467
11670.141
11670.141
5419.501
5383.513
5380.829
5380.829
11670.141 5380.829 Close
(POB)
Area: 3,913 S.F. 0.090 Acres
Lot 8
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11681.069
5345.103 start
(POB)
** Horizontal Curve:
S74045134"E 25.69
pc-pt
S9035'31"W 130.50
11674.316
5369.890 Chord
11552.394
5323.358 Radia
Page 4
SOO0l7LOT.ptc
1 In pc-rp
Delta: 11017'51"
Radius: 130.500
Length: 25.732
Tangent: 12.908
N20053'22"E 130.50
lOut rp-pt
S69006'38"E
N1030'09"E
N88029'51"W
S1030'09"W
East
11.71
102.36
36.00
92.37
0.00
(POB)
Area: 3,480 S.F. 0.080 Acres
Lot 9
11674.316
5369.890 Radia
11670.141
11772.467
11773.411
11681. 069
11681.069
5380.829
5383.513
5347.525
5345.103
5345.103
11681.069 5345.103 Close
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
(POB)
S88029'51"E
17.63
** Horizontal Curve:
S84027'10"E 18.41
pc-pt
S1030'09"W 130.50
1 In pc-rp
Delta: 8005122"
Radius: 130.500
Length: 18.425
Tangent: 9.228
N9035'31"E 130.50
1 Out rp-pt
N1030'09"E
N88029'51"W
S1030'09"W
East
92.37
36.00
91.07
0.00
(POB)
Area: 3,286 S.F. 0.075 Acres
Page 5
11683.311
5309.154 start
11682.849
5326.780
11681.069
5345.103 Chord
11552.394
5323.358 Radia
11681.069
5345.103 Radia
11773.411
11774.355
11683.311
11683.311
5347.525
5311.542
5309.154
5309.154
11683.311 5309.154 Close
S00017LOT.ptc
Lot 10
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11684.255 5273.162 Start
(POB)
S88029'51"E 36.00 11683.311 5309.154
N1030'09"E 91. 07 11774.355 5311. 542
N88029'51"W 36.00 11775.299 5275.550
S1030'09"W 91. 07 11684.255 5273.162
East 0.00 11684.255 5273.162
-------------- --------------
11684.255 5273.162 Close
( POB )
Area. 3,279 S.F. 0.075 Acres
Lot 11
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11687.016 5167.903 Start
(POB)
S88029'51"E 40.00 11685.967 5207.889
N1030'09"E 91.07 11777.011 5210.277
N88029'51"W 40.00 11778.060 5170.291
S1030'09"W 91.07 11687.016 5167.903
East 0.00 11687.016 5167.903
-------------- --------------
11687.016 5167.903 Close
( POB )
Area: 3,643 S.F. 0.084 Acres
Lot 12
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11687.646 5143.911 Start
(POB)
S88029151"E 24.00 11687.016 5167.903
NI030'09"E 91.07 11778.060 5170.291
N88029'51"W 49.00 11779.344 5121.308
S1030'09"W 66.07 11713.293 5119.575
-------.....----
** Horizontal Curve:
S43029'51"E 35.36 11687.646 5143.911 Chord
Page 6
S00017LOT.ptc
pc-pt
S88029'51"E 25.00 11712.637 5144.566 Radia
1 In pc-rp
Delta: 90000'00"
Radius: 25.000
Length: 39.270
Tangent: 25.000
S1030'09"W 25.00 11687.646 5143.911 Radia
1 Out rp-pt
------------
East 0.00 11687.646 5143.911
--------------- --------------
11687.646 5143.911 Close
(POB)
Area: 4,329 S.F. 0.099 Acres
Lot 13
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11741. 944 4972.103 start
(POB)
S88029'51"E 92.17 11739.527 5064.244
N1030'09"E 41.30 11780.813 5065.327
N88029'51"W 92.34 11783.234 4973.018
S1016'13"W 41. 30 11741.944 4972.103
East 0.00 11741. 944 4972.103
-------------- --""'------------
11741.944 4972.103 Close
(POB)
Area. 3,810 S.F. 0.087 Acres
Lot 14
------------
Bearing Distance Northing Easting
------------ ---------- --------------- --------------
11700.654 4971.187 start
(POB)
S88029'51"E 92.01 11698.241 5063.161
N1030'09"E 41.30 11739.527 5064.244
N88029'51"W 92.17 11741.944 4972.103
S1016'13"W 41. 30 11700.654 4971.187
East 0.00 11700.654 4971.187
-------------- --------------
11700.654 4971.187 Close
(POB)
Page 7
S00017LOT.ptc
Area: 3,803 S. F. 0.087 Acres
Lot 15
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11659.363 4970.272 start
( POB )
S88029'51"E 91.84 11656.955 5062.078
N1030'09"E 41.30 11698.241 5063.161
N88029'51"W 92.01 11700.654 4971.187
S1016'13"W 41.30 11659.363 4970.272
East 0.00 11659.363 4970.272
-------------- --------------
11659.363 4970.272 Close
(POB)
Area: 3,796 S.F. 0.087 Acres
Lot 16
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11618.073 4969.356 start
(POB)
S88029'51"E 91.67 11615.670 5060.995
N1030'09"E 41. 30 11656.955 5062.078
N88029'51"W 91. 84 11659.363 4970.272
S1016'13"W 41.30 11618.073 4969.356
East 0.00 11618.073 4969.356
-------------- --------------
11618.073 4969.356 Close
(POB)
Area: 3,789 S.F. 0.087 Acres
Lot 17
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11576.783 4968.441 Start
(POB)
S88029'51"E 91.50 11574.384 5059.912
N1030'09"E 41.30 11615.670 5060.995
N88029'51"W 91.67 11618.073 4969.356
S1016'13"W 41.30 11576.783 4968.441
East 0.00 11576.783 4968.441
Page 8
S00017LOT.ptc
-------------- --------------
11576.783 4968.441 Close
(POB)
Area: 3,783 S.F. 0.087 Acres
Lot 18
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11535.493 4967.525 start
(POB)
S88029'51"E 91. 34 11533.098 5058.829
N1030'09"E 41.30 11574.384 5059.912
N88029151"W 91.50 11576.783 4968.441
S1016'13"W 41.30 11535.493 4967.525
East 0.00 11535.493 4967.525
-------------- --------------
11535.493 4967.525 Close
(POB)
Area: 3,776 S.F. 0.087 Acres
Lot 19
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11494.203 4966.609 Start
(POB)
S88029'51"E 91.17 11491.812 5057.746
N1030109"E 41. 30 11533.098 5058.829
N88029'51"W 91. 34 11535.493 4967.525
S1016'13"W 41.30 11494.203 4966.609
East 0.00 11494.203 4966.609
-------------- --------------
11494.203 4966.609 Close
( POB )
Area: 3,769 S.F. 0.087 Acres
Lot 20
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11452.915 4965.694 Start
(POB)
S88029'42"E 91.00 11450.525 5056.663
N1030'09"E 41.30 11491.812 5057.746
Page 9
S00017LOT.ptc
N88029'51"W 91.17 11494.203 4966.609
S1016'13"W 41. 30 11452.915 4965.694
East 0.00 11452.915 4965.694
-------------- --------------
11452.915 4965.694 Close
(POB)
Area: 3,762 S.F. 0.086 Acres
Lot 21
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11449.054 5112.644 Start
(POB)
S88029'42"E 123.33 11445.815 5235.930
N26024'58"W 62 . 62 11501.899 5208.070
N88029'51"W 94.01 11504.364 5114.095
S1030'09"W 55.33 11449.054 5112.644
East 0.00 11449.054 5112.644
-------------- --------------
11449.054 5112.644 Close
(POB)
Area: 6,013 S.F. 0.138 Acres
Lot 22
--------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11504.364 5114.095 Start
(POB)
S88029'51"E 94.01 11501.899 5208.070
N26024'58"W 5.28 11506.630 5205.720
N1016'13"E 35.33 11541.954 5206.503
N88029'51"W 91. 39 11544.351 5115.144
S1030'09"W 40.00 11504.364 5114.095
East 0.00 11504.364 5114.095
-------------- --------------
11504.364 5114.095 Close
(POB)
Area: 3,665 S.F. 0.084 Acres
Lot 23
------------
Bearing Distance Northing Easting
------------ ---------- -------------- -------------......
Page 10
S00017LOT.ptc
11544.351
5115.144 start
( POB )
S88029'51"E
N1016'13"E
N88029'51"W
S1030'09"W
East
91. 39
40.00
91. 23
40.00
0.00
11541.954
11581.945
11584.337
11544.351
11544.351
5206.503
5207.390
5116.193
5115.144
5115.144
-------------- --------------
11544.351 5115.144 Close
(POB)
Area: 3,652 S.F. 0.084 Acres
Lot 24
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11584.337
5116.193 Start
(POB)
S88029'51"E
N1016'13"E
N88029'51"W
91. 23
48.00
66.03
11581.945
11629.933
11631.665
5207.390
5208.454
5142.443
** Horizontal Curve:
S46030'09"W 35.36
pc-pt
S1030'09"W 25.00
1 In pc-rp
Delta: 90000'00"
Radius: 25.000
Length: 39.270
Tangent: 25.000
N88029'51"W 25.00
1 Out rp-pt
11607.329
5116.796 Chord
11606.673
5141.787 Radia
11607.329
5116.796 Radia
S1030'09"W
East
23.00
0.00
11584.337
11584.337
5116.193
5116.193
-------------- --------------
11584.337 5116.193 Close
(POB)
Area: 4,240 S.F. 0.097 Acres
o
Page 11
S00017TRACTS.ptc
Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD
Date Prepared: 4/27/2001
Drawing: S00017PLAT.dwg
----------------------------------------------------
PRAIRIE WINDS ESTATES
TRACTS A-C
TRACT A
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11777.011
5210.277 Start
(POB)
S1030109"W
S88029'51"E
N1030'09"E
N88029'51"W
East
91.07
65.30
91.07
65.30
0.00
11685.967
11684.255
11775.299
11777.011
11777.011
5207.889
5273.162
5275.550
5210.277
5210.277
11777.011 5210.277 Close
(POB)
Area' 5,947 S.F. 0.137 Acres
TRACT B
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11591.899
5207.611 Start
(POB)
N63030'02"E
S88029'51"E
S26029'58"E
S88029'42"E
N1016'59"E
N88029'51"W
N64043'00"W
N1030'09"E
63.99
39.64
198.59
206.28
40.00
120.36
55.01
94.54
11620.451
11619.411
11441.685
11436.268
11476.260
11479.416
11502.910
11597.413
5264.878
5304.504
5393.113
5599.322
5600.217
5479.898
5430.158
5432.637
** Horizontal Curve'
N78023'20"W 40.47
pc-pt
N2019159"E 125.50
1 In pc-rp
Delta: 18033'23"
Radius. 125.500
11605.558
5392.997 Chord
11722.809
5437.746 Radia
Page 1
S00017TRACTS.ptc
Length. 40.645
Tangent. 20.502
S20053'22"W 125.50 11605.558 5392.997 Radia
1 Out rp-pt
------------
N69006'38"W 46.11 11621.997 5349.922
------------
** Horizontal Curve.
N78048'15"W 25.09 11626.868 5325.311 Chord
pc-pt
S20053'22"W 74.50 11552.394 5323.358 Radia
1 In pc-rp
Delta: 19023'13"
Radius: 74.500
Length. 25.208
Tangent. 12.726
N1030'09"E 74.50 11626.868 5325.311 Radia
1 Out rp-pt
N88029'51"W
S1016'13"W
East
116.90
38.04
0.00
11629.933
11591.899
11591.899
5208.454
5207.611
5207.611
11591.899 5207.611 Close
(POB)
Area: 22,910 S.F. 0.526 Acres
TRACT C
Bearing Distance Northing Easting
11661.918
5489.968 start
(POB)
S1016'59"W
S88029'51"E
N1016'59"E
N88029'51"W
East
10.00
114.38
10.00
114.38
0.00
11651.921
11648.922
11658.919
11661.918
11661.918
5489.744
5604.085
5604.308
5489.968
5489.968
11661.918 5489.968 Close
(POB)
Area: 1,144 S.F. 0.026 Acres
Page 2
S00017RD&BNDRY.ptc
Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD
Date Prepared: 3/6/2001
Drawing: S00017PLAT.dwg
----------------------------------------------------
PRAIRIE WINDS
ROAD & BOUNDARY
ROAD
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11593.588
5577.935 Start
(POB)
** Horizontal Curve:
S 43036'26" E 35.29
pc-pt
S 01030'09" W 25.00
1 In pc-rp
Delta. 89046'50"
Radius' 25.000
Length' 39.174
Tangent 24.904
S 88043'01" E 25.00
1 Out rp-pt
------------
N 01016'59" E 80.91
N 88029'51" W 168.22
------------
** Horizontal Curve:
N 78048'15" W 23.40
pc-pt
N 01030'09" E 69.50
1 In pc-rp
Delta. 19023'13"
Radius: 69.500
Length: 23.516
Tangent. 11.872
S 20053'22" W 69.50
1 Out rp-pt
------------
N 69006'38" W 46.11
------------
** Horizontal Curve:
N 78048'15" W 43.95
pc-pt
11568.037
5602.273 Chord
11568.597
5577.279 Radia
11568.037
5602.273 Radia
11648.922
11653.332
5604.085
5435.923
11657.877
5412.964 Chord
11722.809
5437.746 Radia
11657.877
5412.964 Radia
11674.316
5369.890
11682.849
5326.780 Chord
Page 1
S00017RD&BNDRY.ptc
S 20053'22" W 130.50 11552.394 5323.358 Radia
1 In pc-rp
Delta. 19023'13"
Radius. 130.500
Length: 44.157
Tangent: 22.291
N 01030'09" E 130.50 11682.849 5326.780 Radia
1 Out rp-pt
------------
N 88029'51" W 182.93 11687.646 5143.911
------------
** Horizontal Curve:
N 43029'51" W 35.36 11713.293 5119.575 Chord
pc-pt
N 01030'09" E 25.00 11712.637 5144.566 Radia
1 In pc-rp
Delta: 90000'00"
Radius: 25.000
Length: 39.270
Tangent. 25.000
N 88029'51" W 25.00 11713.293 5119.575 Radia
1 Out rp-pt
------------
N 01030'09" E 66.07 11779.344 5121.308
N 88029'51" W 56.00 11780.813 5065.327
S 01030'09" W 330.40 11450.525 5056.663
S 88029 I 42" E 56.00 11449.054 5112.644
N 01030'09" E 158.33 11607.329 5116.796
------------
** Horizontal Curve:
N 46030'09" E 35.36 11631.665 5142.443 Chord
pc-pt
S 88029'51" E 25.00 11606.673 5141. 787 Radia
1 In pc-rp
Delta: 90000'00"
Radius: 25.000
Length: 39.270
Tangent: 25.000
N 01030'09" E 25.00 11631.665 5142.443 Radia
1 Out rp-pt
------------
S 88029'51" E 182.93 11626.868 5325.311
------------
** Horizontal Curve.
S 78048'15" E 25.09 11621.997 5349.922 Chord
pc-pt
S 01030'09" W 74.50 11552.394 5323.358 Radia
1 In pc-rp
Page 2
S00017RD&BNDRY.ptc
Delta. 19023'13"
Radius. 74.500
Length. 25.208
Tangent: 12.726
N 20053'22" E 74.50 11621.997 5349.922 Radia
1 Out rp-pt
------------
S 69006'38" E 46.11 11605.558 5392.997
------------
** Horizontal Curve:
S 78048115" E 42.26 11597.352 5434.455 Chord
pc-pt
N 20053'22" E 125.50 11722.809 5437.746 Radia
1 In pc-rp
Delta: 19023'13"
Radius: 125.500
Length: 42.465
Tangent: 21.437
S 01030'09" W 125.50 11597.352 5434.455 Radia
1 Out rp-pt
------------
S 88029'51" E 143.53 11593.588 5577.935
East 0.00 11593.588 5577.935
-------------- --------------
11593.588 5577.935 Close
(POB)
Area. 46,346 S.F. 1.064 Acres
BOUNDARY
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11783.234 4973.018 start
(POB)
S 01016'13" W 330.40 11452.915 4965.694
S 88029'42" E 270.33 11445.815 5235.930
N 26024'58" W 67.91 11506.630 5205.720
N 01016'13" E 85.29 11591.899 5207.611
N 63030'02" E 63.99 11620.451 5264.878
S 88029'51" E 39.64 11619.411 5304.504
S 26029'58" E 198.59 11441.685 5393.113
S 88029'42" E 206.28 11436.268 5599.322
N 01016159" E 222.71 11658.919 5604.308
N 88029'51" W 114.38 11661.918 5489.968
N 01016'59" E 107.72 11769.611 5492.380
N 88029'51" W 519.54 11783.234 4973.018
East 0.00 11783.234 4973.018
Page 3
S00017RD&BNDRY.ptc
-------------- --------------
11783.234 4973.018 Close
(POB)
Area: 173,929 S.F. 3.993 Acres
Page 4
S00017CL.ptc
Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD
Date Prepared: 5/14/2001
Drawing: S00017PLAT.dwg
----------------------------------------------------
Prairie Wind Estates
Centerline Closures
May 14, 2001
Centerline South
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11620.142
5633.447 start
(POB)
N88029'51"W 198.33 11625.342 5435.189
------------
** Horizontal Curve:
N78048' 15"W 32.83 11631. 717 5402.981 Chord
pc-pt
N1030'09"E 97.50 11722.809 5437.746 Radia
1 In pc-rp
Delta: 19023'13"
Radius: 97.500
Length: 32.991
Tangent: 16.654
S20053122"W 97.50 11631.717 5402.981 Radia
1 Out rp-pt
------------
N69006'38"W 46.11 11648.157 5359.906
------------
** Horizontal Curve:
N78048'15"W 34.52 11654.859 5326.046 Chord
pc-pt
S20053'22"W 102.50 11552.394 5323.358 Radia
1 In pc-rp
Delta: 19023'13"
Radius: 102.500
Length' 34.682
Tangent: 17.509
N1030'09"E 102.50 11654.859 5326.046 Radia
1 Out rp-pt
------------
N88029'51"W 235.93 11661.045 5090.195
S1030'09"W 211.33 11449.790 5084.654
S88029'42"E 544.85 11435.480 5629.312
N1016'59"E 184.71 11620.142 5633.447
Page 1
S00017CL.ptc
East 0.00 11620.142 5633.447
-------------- --------------
11620.142 5633.447 Close
(POB)
Area: 108,325 S.F. 2.487 Acres
Centerline North
------------
Bearing Distance Northing Easting
------------ ---------- -------------- --------------
11620.142 5633.447 start
(POB)
N88029'51"W 198.33 11625.342 5435.189
------------
** Horizontal Curve:
N78048'15"W 32.83 11631. 717 5402.981 Chord
pc-pt
N1030'09"E 97.50 11722.809 5437.746 Radia
1 In pc-rp
Delta: 19023'13"
Radius: 97.500
Length: 32.991
Tangent: 16.654
S20053'22"W 97.50 11631. 717 5402.981 Radia
1 Out rp-pt
------------
N69006'38"W 46.11 11648.157 5359.906
------------
** Horizontal Curve:
N78048'15"W 34.52 11654.859 5326.046 Chord
pc-pt
S20053'22"W 102.50 11552.394 5323.358 Radia
1 In pc-rp
Delta: 19023'13"
Radius: 102.500
Length: 34.682
Tangent: 17.509
N1030'09"E 102.50 11654.859 5326.046 Radia
1 Out rp-pt
------------
N88029'51"W 235.93 11661.045 5090.195
N1030'09"E 119.07 11780.078 5093.317
S88029'51"E 543.58 11765.826 5636.710
S1016'59"W 145.72 11620.142 5633.447
East 0.00 11620.142 5633.447
-------------- --------------
11620.142 5633.447 Close
Page 2
S00017CL.ptc
(POB)
Area. 71,491 S.F. 1.641 Acres
o
Page 3
Return Address
City of Yelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 Prame Wind Estates DeclaratIOn of Covenants, CondItIOns and RestnctIOns
2.
Reference Number(s) of Documents assigned or released:
(on page of documents( s))
Grantor(s) (Last name, first name, middle initial)
1 RaImer General Development, Inc.
2. p R ALP- t E:- k7t N D E- ";:)'t ~l5--5
...,
j
Grantee(s) (Last name, first name, middle initial)
1 The PublIc
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
NE 1/4 of the NE 114 of SectIOn 24, TownshIp 17 N, Range 1 East
o AddItIonal legal IS on page ....,.!- of document
Assessor's Property Tax Parcel/Account Number
21724110502,21724110503,21724110504
II11 " 1111111111111111
RAINIER GENERAL OEl)ELOPME COl) t27 ~~
3352957
Page 1 of 20
~5i 15i2~~ 1 10 1
Thurston Co, ~JA
AFTER RECORDING RETUR1"J TO
Ramler General Development, Inc
POBox 627
R3J.rner, WashIngton 98576
DECLARATION OF COVENAJ.'ITS, CONDITIONS AND RESTRICTIONS
The land Referred To Herem Is SItuated In The State OfWashmgton, CIty OfYelm, County of
Thurston And Is Described As Follows
Lots 1 to 24 and Common Area Tracts A, Band C ofPrame Wmd Estates, as recorded m
The office of the Thurston County AudItor on ~ day of ('fI k,/ 20~,
Under Thurston County AudItor's FIle No 3 35" z"1. S-h
THIS DECLARATION IS MADE THIS (, d.. DAY OF (f) A-- Y , 20 C) I
by RAINIER GENERAL DEVELOPMENT, INC., A Washmgton Profit corporatIOn,
HEREINAFTER REFERRED TO AS "DECLARANT"
WITNESSETH
Whereas, Declarants are the owners of certam real property m The CIty of Yelm, Lots 1
through 24 and the common areas, Tracts A, B and C ofPrame Wind Estates as recorded m the
office of the Thurston County AudItor on I S-~ day of (Y) frY 20..QL, under
Thurston County AudItor's FIle No 3'35" 2 'I ~ (hereafter referred to as "the property" or
"propertIes"), and
WHEREAS, Declarants wIll convey certam of the Said propertIes, subject to certam
protectIve covenants, condItIOns and restnctIOns, reservatIOns, hens and charges as hereafter set
forth.
NOW, THEREFORE, Declarants hereby declares that the propertIes described m
ARTICLE II hereoCshall be held, sold, conveyed, subject to the followmg easements,
restnctIOns, reservatIOns, charges, hens, covenants, and condItIOns, all of wh1ch are for the
purpose of enhancmg and protectmg the value, deSIrabIlIty and attractIveness of the property
These easements, restnctIOns, reservatIOns, charges, hens, covenants, and condItIons shall run
wIth the real property and shall be bmdmg on all partIes havmg or acqumng any nght, tItle or
mterest herem and/or on all partIes havmg or acqumng any part thereof, and shall mure to the
benefit of each owner thereof
11111I1111111111111111
RAINIER GGIERAL DE1.)ELOPt1E CO\) ~7 00
3352957
P~g€' 2 I)f 20
05/15/2001 10 I~
Thi..rst I)n Co} ~JA
ARTICLE I
DEFINITIONS
SectIOn 1 "ASSOCIatIOn" shall mean and refer to Prame Winds Estates Homeowners
ASSOCIatIOn, a Washmgton non-profit corporatIOn, Its successors and aSSIgns.
SectIOn 2 "Owner" shalLmean and refer to the record owner, whether one or more
persons or entItles, of a fee sImple tItle to any Lot whIch IS part of the PropertIes, mcludmg
contract purchasers, but excludmg those havmg such mterest merely as secunty for the
performance of an oblIgatIOn.
SectIOn 3 "PropertIes" shall mean and refer to that certam real property herem after
described, and such addItIOns thereto as may hereafter be brought wlthm the JUTIsdlctIOn of the
ASSOCIatIOn.
SectIOn 4. "Common Area" shall mean all real property mcludmg the Improvements
thereto owned by the ASSOCIatIOn for the common use and enjoyment of the owners. The
Common Area to be owned by the ASSOCIatIon at the tIme of the conveyance of the first lot IS
described as follows Tract A, B and C Prame Wind Estates.
SectIOn 5 "Lot" shall mean and refer to any of the mdlvlduallots shown upon the
recorded subdIVISIOn map of the PropertIes WIth the exceptIOn of the Common Areas.
SectIOn 6 "Declarant" shall mean and refer to Ramler General Development, Inc , ItS
successors or aSSIgns who should acqUIre more than one undeveloped Lot from the Declarant for
the purpose of development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property whIch IS, and shall be, held, transferred, sold, conveyed and occupIed
subject to tills declaratIOn IS located m Yelm, Washmgton, Thurston County Wasillngton as IS
described as follows
LOTS I TO 24 A1~TI COivITvION AREA TRACTS A, B AL""\JTI C OF PRAIRIE WIND
ESTATES, AS RECORDED lJNTIER AUDITOR'S FILE NO 3352-'i5'"(' IN THURSTON
COUNTY, \V ASHINGTON
IJ~\l\JlUJ ~U!Ul" \\U \\\\U II
3352957
Page 3 of 20
85/15/2001 10 1'~ 1
Thurst.on COI ~lR
ARTICLE III
GENERAL PROTECTIVE COVENANTS
SectIOn 1. ReSIdentIal Character of Pro pert v No structure or bUIldmgs of any kmd
shall be erected, altered, placed or permItted to remam on any resIdentlallot other than a
resIdentlal dwellmg, not to exceed two stones m heIght, wIth a pnvate garage or carport for not
less than one (1) or more than three (3) standard SIze passenger automobIles and one recreatIOnal
vehIcle, each lot shall provIde at least two (2) off street parkmg spaces mcludmg the garage,
ca..rport or dnveway Du..rmg constructIOn of a reSIdentIal structure, a constructIOn office and
constructIOn matenals may be mamtamed, by the bUIlder, on a resIdentIal lot. Also, fences m
complIance WIth SectIOn 7 and SectIOn 8 herem, and outbUIldmgs that servIce a reSIdentIal
structure that are m complIance WIth SectIOn 4 herem, are allowed.
SectIOn 2. Busmess and CommercIal Use of Pro pert v ProhibIted. No trade, craft,
busmess, professIOn, commercIal or manufactunng enterpnse of bus mess or commercIal actlvIty
of any kmd shall be conducted or carned on upon any resIdentlallot, or wIthm any bUIldmg
located on a resIdentlallot, unless SaId actIvIty be m complIance WIth CIty ofYelm's Ordmances
or CondItIOnal Use PermIt, nor shall any goods, eqUIpment, traIlers of any descnptIOn, or
matenals or supplIes used m connectIOn WIth any trade, servIce, or busmess, wherever the same
may be conducted, be kept, parked, stored, dIsmantled or repaIred upon any resIdentIal lot unless
SaId goods, eqUIpment, trailers, matenals or supplIes be enclosed or screened m such a manner
(and m accordance WIth SectIOn 8 herem below) that the same are not easily VIsible from any
street or any other lot m the plat, except for constructIOn matenals and a constructIOn office for
resIdentlal constructIOn as described m SectIOn 1, nor shall anythmg be done on any resIdentlal
lot WhICh may be or may become an annoyance or nUIsance to the neIghborhood. None of the
actIvItIes described m SectIOn 2 herem shall be permItted on any street, SIdewalk or other publIc
area.
SectIOn 3 AutomobIles, Boats, Trucks. TraIlers, RecreatIOnal VehIcles
The streets wIthm the plat shall not be used for overnIght parkmg of any vehIcles other than
pnvate automobIles ThIS covenant specIfically prohibIts the street storage of automobIles,
boats, trucks, traIlers or recreatIOnal vehIcles
No owner of any resIdentlallot shall permIt any vehIcle owned by such lot owner, any
member of the lot owner's famIly or any guest or acquamtance or mVItee to be parked upon any
street or upon any lot wIthm the property for a penod m excess of forty-eIght (48) hours where
such vehIcle IS non-operatIOnal, m repaIr or abandoned unless such vehIcle IS on a lot and
enclosed m a garage or outbUIldmg, or screened by a fence (m accordance WIth SectIOn 8) m
such a manner that It IS not eaSIly VIsible from any street or any other lot m the plat.
SectIOn 4 ResIdentlal uses of Temporarv Structures ProhibIted. No traIler, tent,
shack, garage, barn or other outbUIldmgs or any structure of any temporary character erected or
placed on the property shall at any tIme be used as a reSIdence eIther temporanly or permanently
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SectIOn 5. Arumals No ammals, lIvestock, or poultry of any land shall be raIsed,
bred, or kept on any lot. Cats, dogs, brrds or other household pets may be kept If they are not
kept, bred or mamtamed for any commercIal purpose; provIded however, that they shall not be
kept m numbers or under condItIOns so as to become a hazard to health, safety and/or the qUIet
enjoyment of any lot subject to thIs declaratIon.
Any kennel or dog run must be screened from VIew of the street. Any dogs must be kept
so as to mIrumIze exceSSIve nOIse from barkmg or they shall be consIdered a nUIsance accordmg
to the terms of the covenants
SectIOn 6. Mortgage Protected. NothIng herem contamed shall ImpaIr or defeat the
hen of any mortgage or deed of trust now or hereafter recorded covenng any lot or lots. TItle to
any property obtaIned as a result of any foreclosure proceedmg shall specIfically be held subject
to all of the provIsIons herem.
SectIOn 7. BUIldmg Setback. No bUIldmg or detached structure (wIth the exceptIOn
of fences as described m SectIOn 8 of thIS document) shall be located on any resIdentIal lot
nearer to the front lme than the mId pomt of the house, nor nearer than ten (10) feet to the rear lot
lme.
SectIOn 8. Fence ReqUIrements. Fences shall not exceed SIX (6) feet m heIght.
Fences shall be well constructed of sUItable wood or vmyl fencmg matenals and shall be artIStIC
m deSIgn and shall be m arclutectural harmony WIth the bUIldmgs and fences of adJ acent lots. A
cham lmk fence shall be allowed around the dramage pond If necessary
No fence, wall or hedge over three (3) feet m heIght shall be erected, placed or altered on
any lot nearer to any street than the bUIldmg setback lme, except that notlung shall prevent the
erectIOn of a necessary retammg wall, the top ofwluch does not extend more than two feet above
the firushed grade at the back of SaId wall. All fences shall also meet the reqUIrements of SectIOn
13 where necessary
SectIOn 9. Easements Easements for utIlItIes, dramage, and access are reserved as
delmeated on the recorded plat map
Witlun these easements, no structure, plantmg or other matenal shall be placed or
permItted to remam whIch may damage or mterfere WIth the mstallatIOn and mamtenance of
utIlItIes, or wluch may change the dIrectIOn of flow of dram age channels m the easements, or
whIch may obstruct or retard the flow of water through dramage channels m the easements The
easement area of each lot and all Improvements m It shall be mamtamed contmuously by the
owner of the lot, except for those Improvements for whIch a publIc authonty or utIlIty company
IS responsible.
SectIOn 10. SIQJ1S No SIgn of any kmd shall be dIsplayed to the publIc VIew on any
lot except profeSSIOnally produced SIgnS that total not more than 3 feet square, advertIsmg the
property for sale or rent, SIgnS used by a bUIlder to advertIse the property dunng the constructIOn
and sales penod are permItted SIgnS of a pohtlcal nature may be dIsplayed from 30 days pnor
to any electIOn or pnmary electIOn day and 30 days follovllng electIOn or pnmary electIOn day
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SectIOn 11. 011 and Minmg OperatIOns. No 011 dnllmg, 011 development operatIOns,
011 refirung, quarrymg or mmmg operatIOn of any kmd shall be permItted upon or m any lot, nor
shall 011 wells, tanks, tunnels, rmneral excavatIOns or shafts be permItted upon or m any lot. No
demck or other structure desIgned for use m bonng for 011, natural gas or water shall be erected,
mamtamed or permItted upon any lot.
SectIOn 12.
any lot.
Water Supplv No mdlVldual water supply system shall be permItted on
SectIOn 13. SHmt DIstance at IntersectIOn. No fence, wall, hedge or shrub plantmg
whIch obstructs SIght hnes at elevatIOns between two (2) and SIX (6) feet above the roadways
shall be placed or permItted to remam on any comer lot wIthm the tnangular area formed by the
street property hnes and a lme connectmg them at pomts twenty-five (25) feet from the
mtersectIon of the street hnes, or m the case of a rounded property corner, from the mtersectIOn
of the street property hnes extended. The same sIght-lme hmItatIOns shall apply on any lot
wIthm ten (10) feet from the mtersectIOn of a street property hne wIth the edge of a cinveway or
alley pavement. No trees shall be permItted to remam wIthm such dIstances of such mtersectIOns
unless the fohage hne IS mamtamed at sufficIent heIght to prevent obstructIOn of such SIght hnes.
SectIOn 14. Garbage and Refuse DIsposal. No lot, open space or tract shall be used
as a dump for trash or rubbIsh of any kmd. All garbage and other waste shall be kept m
appropnate contamers for proper dIsposal. Yard rakmgs, such as rocks, lawn and shrubbery
clIppmgs, and dIrt and other matenal resultmg from landscapmg work shall not be dumped mto
or upon publIc streets, dItches or the adjacent property The removal and proper dIsposal of all
such matenals shall be the sole responsibIlIty of the mdlVIduallot owner All contamers for the
storage or dIsposal of such matenal shall be kept m a clean and sanItary condItIon.
SectIOn 15, Dwellmg SIze The ground floor area of the mam structure, exclusIve of
a one-story open porches and garages, shall be not less than 700 square feet for a one-story
dwellmg, nor less than 1200 square feet for a dwelhng of more than one story
SectIOn 16.
Roofs No flat roofs WIll be allowed on the house or garage
SectIOn 17 Extenors The entIre house must be pamted or stamed approved colors.
The Idea IS that colors that are very bnght, provocatIve, or draw the attentIOn of persons lookmg
at the houses m the subdIvIsIOn plat to those WIth SIgnIficant color vanatIOn should be aVOIded.
Color schemes WIll be selected to provIde a homogenous nature and neutral look to the homes.
The ongInal house colors shall be approved by RaImer General Development, Inc An owner
wIshmg to change the house colors from the ongmal colors shall, m wntmg, notIfy all other lot
owners m the subdIvIsIon of the color change If five lot owners object, m wntmg, to the new
colors, \vIthm ten days the new colors shall not be allowed. Approval of changes m colors shall
not be reasonably WIthheld.
SectIon 18. NUIsance No nOXIOUS or offenSIve actlvIty shall be earned on upon any
reSIdentlallot. No actIvIty shall be allowed to become an annoyance or nUIsance or decrease the
value of the property of any neIghbor or of the neIghborhood m general
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SectIOn 19. FIrearms. The shootmg of any type of weapon or firearm IS prohibIted,
mcludmg but not lllTIlted to BB guns, aIr nfles and pIstols, pellet guns and slmg shots
SectIOn 20. Landscapmg. Landscapmg of the front and at least one half of the sIde
yards shall be grass. Yards shall be regularly mowed and neatly mamtamed at all tImes. The
ongInal decIduous trees shall be replaced If they dIe, become dIseased or too large for the sIte
Alllandscapmg shall be completed wlthm one (1) year
SectIOn 21 Open Space Tracts A, B and C shall be dedIcated to the Homeowners
aSSOCIatIOn, and the Homeowners ASSOCIatIOn shall be responsible for mamtammg the open
space and mamtammg the Stormwater Dramage as reqUIred by The CIty ofYelm and reasonable
envIronmental practIces,
SectIOn 22, Owners Easements and Elllovrnent. Every owner shall have a nght and
easement of enjoyment m and to the Common Area, WhICh shall be appurtenant to and shall pass
WIth the tItle to every Lot, subject to the followmg prOVISIOns,
(A) The nght of the ASSOCIatIOn to charge reasonable admIsSIon and
other fees for the use of the recreatIOnal faCIlIty SItuated upon the Common Area.
(B) The nght of the ASSOCIatIOn to suspend the votmg nghts and nght to
use of the recreatIOnal faCIlItIes by an Owner for any penod dunng wluch an assessment agamst
lus Lot remams unpaId, and for a penod not to exceed SIxty (60) days for any mfractIOn of ItS
publIshed rules and regulatIOns,
(C) The nght of the ASSOCIatIOn to dedIcate or transfer all or any part of
the Common Area to any publIc agency, authonty or utIlIty for such purposes and subject to such
condItIOns as may be agreed to by the members.
No such dedIcatIOn or transfer, WIth exceptIOn ofDeclaratlOn of Covenants for well and
waterworks, shall be effectIve unless an mstrument agreemg to such dedIcatIOn or transfer,
SIgned by two-tlurds (2/3) of each class of members, has been recorded.
SectIon 23. DelegatIOn of Use. Any owner may delegate, m accordance WIth the
By-Laws, hIS nght of enjoyment to the Common Area and FaCIlItIes to the members of hIS
famIly, reSIdents oflus household, hIS tenants, or contract purchasers who reSIde on the property
ARTICLE IV
VOTING MEMBERSHIP
SectIOn 1
The ASSOCIatIOn shall have two classes ofvotmg membershIp
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SectIOn 2. Class "A" Class "A" members shall be all owners, wIth the exceptIOn of
the Declarant, and shall be entItled to one vote for each Lot owned. When more than one person
holds an mterest m any Lot, all such persons shall be members. The vote for such Lot shall be
exercIsed as they determme, but m no event shall more than one vote be cast wIth respect to any
lot.
SectIOn 3 Class "B" Class "B" member (s) shall be Ra1ll1er General Development,
Inc (the Declarant or successor) and shall be entItled to three (3) votes for each Lot owned. The
Class B memberslup shall cease upon the happerung of eIther of the followmg events, wluchever
occurs earlIer
(A) When the total votes outstandmg In the Class A membershIp equals the
total votes outstandmg m the Class B memberslup, or
(B) on December 31, 2002
SectIOn 4 FHAiV A Approval. As long as there IS a Class "B" memberslup, the
followmg actIOns wIll reqUIre the pnor approval of the Federal Housmg AdmmIstratIOn or the
Veterans Adm1ll1stratIOn, AnnexatIOn of addItIOnal propertIes, dedIcatIOns of Common Area and
amendment of thIS DeclaratIOn of Covenants, CondItIOns and RestnctIOns.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SectIOn 1. CreatIOn of the lIen and Personal OblIgatIOn for Assessments.
The declarant, for each lot owned wIthm the PropertIes, hereby covenants, and each Owner of
any lot by acceptance of deed thereof, whether or not It shall be so expressed m such deed, IS
deemed to covenant and agree to pay to the AssocIatIOn annual assessments to be establIshed and
collected as heremafter provIded. The annual and specIal assessments, together WIth mterest,
costs, and reasonable attorney fees, shall be charged on the land and shall be a contmumg lIen
upon the property agamst whIch each such assessment IS made Each such assessment, together
WIth mterest, costs, and reasonable attorney fees, shall also be the personal oblIgatIOn of the
person who was the Owner of such property at the tIme when the assessment fell due The
personal oblIgatIOn for delmquent assessments shall not pass to hIS successors m tItle unless
expressly assumed by them.
SectIOn 2 Purpose of Assessments, The assessments leVIed by the AssoclatIOn
shall be used exclusIvely to promote the recreatIOn, health, safety and welfare of the resIdents m
the PropertIes and for the Improvement and mamtenance of the Common Areas, mcludmg the
mamtenance of Stormwater FaCIlItIes and Street LIghtS
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SectIOn 3. MaxImum Annual Assessment. UntIl December 31, 2001, the
maxImum annual assessment shall be one hundred dollars ($100 00) per lot.
(A) From and after December 31, 2001 the ma.,"(lmum annual
assessment may be mcreased above 5% by a vote of fifty percent (50%) of each class of
members who are votmg m person or by proxy, at a meetmg duly called for tills purpose.
(B) The Board of Duectors may fix the annual assessment at an amount
not m excess of the ma.,XImum.
SectIOn 4, SpecIal Assessments for CaPItal Improvements
In addItlon to the annual assessments authonzed above, the AssocIatIOn may levy, m any
assessment year, a specIal assessment applIcable to that year only for the purpose of defemng, m
whole or m part, the cost of any constructIOn, reconstructIOn, repaIr or replacement of a capItal
Improvement upon the Common Area, mcludmg fixtures and personal property related thereto,
provIded that any such assessment shall have the consent of fifty percent (50%) of the votes of
each class of members who are votmg m person or by proxy at a meetmg duly called for tills
purpose,
SectIOn 5. Notlce and Quorum for any ActIOn Authonzed Under SectIOn 3 and 4
Wntten notIce of any meetmg called for the purpose oftakmg any actIOn under SectIOn 3 and 4
shall be sent to all members no less than SIxty (60) days m advance of the meetmg. At the first
such meetmg called, the presence of members or prOXIes entltled to cast SIXty percent (60%) of
all votes of each class of membersillp shall constltute a quorum. If the reqUIred quorum IS not
present, another meetmg may be called subject to the same notIce reqUIrement, and the reqUIred
quorum at the subsequent meetmg shall be one-half (1/2) of the reqUIred quorum at the precedmg
meetmg, No such subsequent meetmg shall be held more than SIxty (60) days followmg the
preceedmg meetmg.
SectIOn 6. Umform Rate of Assessment. Both annual and specIal assessments must
be fixed at a umform rate for all Lots and may be collected on a monthly baSIS.
SectIOn 7 Date of Commencement of Annual Assessments. Due Dates
The annual assessments provIded for herem shall commence as to all lots on the first day of the
month followmg the conveyance of the Common Area. The first annual assessment shall be
adjusted accordmg to the number of months remammg m the calendar year The Board of
DIrectors shall fix the amount of the annual assessment penod. Wntten notIce of annual
assessment shall be sent to every owner subject thereto The due date shall be establIshed by the
Board of DIrectors. The AssocIatIOn shall, upon demand, and for a reasonable charge, furnIsh a
certIficate SIgned by an officer of the AssocIatlon settmg forth whether the assessment of a
specIfied Lot has been paId. A properly executed certIficate of the AssocIatIOn as to the status of
assessments on a Lot IS bmdmg on the AssocIatIOn as of the date of Its Issuance
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SectIOn 8, Effect of Nonpayment of Assessments. RemedIes of the ASSOCIatIOn
Any assessment not pmd wIthIn thrrty (30) days after the due date shall bear mterest from the due
date at the rate of twelve (12%) per annum. The ASSOCIatIOn may bnng actIOn at law agmnst the
owner personally oblIgated to pay the same, or foreclose the lIen agmnst the property No owner
may Walve or otherwIse escape lIabilIty for the assessments prOVIded for herem by non-use of
the Common Area or abandonment ofms lot.
SectIOn 9. SubordmatIOn of the LIen to Mortgages The lIen of the assessments
prOVIded for herem shall be subordmate to the lIen of any first mortgage. Sale or transfer of any
lot pursuant to a mortgage foreclosure or any proceedmg m lIeu thereof, shall extmgUlsh the lIen
and such assessments as to payments wmch become due pnor to such sale or transfer No sale or
transfer shall relIeve such lot from lIabilIty for any assessments thereafter becommg due or from
the lIen thereof.
SectIOn 10 Every owner of a Lot WhICh IS subject to assessment shall be a member of
the ASSOCIatIOn. Membersmp shall be appurtenant to and may not be separated from ownersmp
of any Lot whIch IS subject to assessment.
ARTICLE VI
MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES
SectIOn 1. Mamtenance Covenant. Easements are hereby granted for the
mstallatIOn, mspectIOn, and mamtenance ofutllItles and dramage facIlItles as delmeated on the
plat ofPrame Wind Estates, records of Thurston County, and m the MAINTENANCE PLAN,
InstructIOns For Mamtenance Of Storm Dramage FacilItIes by and between Ramler General
Development, Inc and the CIty ofYelm attached as ExhibIt A. No encroachment WIll be placed
wlthm the easements, WhICh may damage or mterfere WIth the mstallatIOn, mspectIOn, and
mamtenance ofutilItles.
All operatIOns and mamtenance of the storm dramage faCIlItIes, mcludmg all expenses, shall be
pald by the Prame Wind Estates Homeowners ASSOCIatIOn.
In the event Ralmer General Development, Inc , successors or the Prame Wind Estates
Homeowners ASSOCIatIOn, m the Judgement of the City of Yelm, fmls to mamtam dramage
faCilItIes withm the plat, or if the RaImer General Development, Inc or successors WIllfully or
aCCIdentally reduce the capaCIty of the dramage system or render any part of the dramage system
unstable, the Rmmer General Development, Inc or successors agree to the followmg remedy;
After thIrty (30) days notIce by regIstered mall to the Proponent or successors, The City ofYelm
may correct the problem or mamtam faCIlItIes as necessary to restore the full deSIgn for all costs
assOCIated With engmeenng and constructIOn of the remedIal work. The CIty OfYelm may
charge mterest as allowed by law from the date of completIOn of constructIOn. The CIty OfYelm
WIll place a lIen on the property and/or on lots m the Property Owners ASSOCIatIOn for payments
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m arrears. Costs or fees mcurred by the jUTIsdIctIOn, should legal actIOn be requITed to collect
such payments, shall be borne by the Proponent or successors.
SectIOn 2.
Mamtenance of FacIlItIes.
(A) In consIderatIOn of conveyance of Tract (s) to the Homeowners
AssocIatIOn, the Homeowners AssocIatIOn hereby covenants and agrees to mamtam m good
order and repaIr the stormwater facIlItIes, located m desIgnated tracts, to the reqUIrements and
standards of CIty ofYelm, and all fences and eqUIpment appurtenant to same. Ifm the opIillon
of the CIty of Yelm the facIlItIes are not mamtamed to the County standards, a fee may be
charged to each property owner by the Homeowners AssocIatIOn for mamtenance and or repaIrs
of saId facIlItIes Mamtenance and or-repaIrs can be lured out by the Homeowners AssocIatIOn or
repaIrs can be done by the member~, as long as work meets wIth CIty standards.
(B) All stormwater runoff from rooftops shall be handled to retam all runoff
on-SIte as per the CIty ofYelm standards,
SectIOn 3. Mamtenance Schedule, Mamtenance schedule for dramage system
component as outlmed m exhibIt A.
SectIOn 4, On-SIte SeptIc Tanks. On-SIte septIc tanks for mdIvIduallots shall be
placed on the property so that they wIll not result m the mfiltratIOn of untreated or partIally
treated sewage mto the dramage system. The burden shall be upon the property owner to
demonstrate to the satIsfactIOn of the CIty ofYelm that thIS condItIon IS satIsfied.
SectIOn 5 The Prame Wind Estates Homeowners ASSOCIatIOn shall proVIde the
storm dramage mamtenance reqUIred m the reSIdentIal Agreement to mamtam stormwater
facIlItIes and to Implement a pollutIOn source control plan as recorded m Thurston County,
ExhibIt A
SectIOn 6 ApproxImate mamtenance Schedule for Dramage System Component.
ThIS IS attached m ExhIbIt A.
ARTICLE VII
DESIGN APPROVAL
No bUI1dmg, fence wall or other structure shall be commenced, erected or mamtamed upon
the propertIes, nor shall any extenor addItIOn to or change or alteratIOn therem be made untIl the
plans and speCIficatIOns showmg the nature, kind, shape, heIght and locatIOn of the same shall
have been submItted to and approved m wntmg as to conformance WIth these covenants,
harmony of external desIgn and locatIOn m relatIOn to sUIToundmg structures and topography by
the Board of DIrectors of the ASSOCIatIOn, or by an ArchItectural Control CommIttee composed
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of three (3) or more representatlves appomted by the Board. In the event smd Board, or Its
desIgn COIIllmttee, falls to approve or dIsapprove such desIgn and locatIOn wIthIn thIrty (30)
days after smd plans and specIficatIOns have been submItted to It, approval wIll not be requITed
and tills ArtIcle WIll be deemed to have been fully complIed wIth.
ARTICLE VIII
GENERAL PROVISIONS
SectIOn 1, Enforcement. The Declarants~ Prame W md Estates Homeovmers
AssocIatIOn and/or the owner of ani10t or lots subject to thIS declaratIOn, shall have the nght to
enforce, by any proceedmg at law or m eqUIty, all restnctlons, condItIons, covenants,
reservatIOns, lIens and charges now or hereafter Imposed, by the provIsIons of tills declaratIon,
provIded however, that the Declarant's nght to enforce the provIsIons of thIs declaratIon shall
termmate at such tIme as the Declarant shall cease to be owners of a lot or lots subject to thIS
declaratIOn, and provIded further, however, that the termmatIOn of the Declarant's power to
enforce thIS declaratIon shall m no way affect the power of any successor, lot owner or the
Prame Wind Estates Homeowners ASSOCIatIon to enforce the terms and condItIOns of thIs
declaratIOn. In any actIon to enforce the terms and condItIOns of thIS declaratIOn, the party
prevm1mg shall be entItled to an award of such party's costs, mcludmg attorney's fees, agamst
the non-prevai1mg party for all costs mcurred wIth respect to the enforcement of tills declaratIOn.
Fmlure of the Declarant or any such owner or contract purchaser or Prmne Wind Estates
Homeowners AssocIatlon to enforce any covenant or restnctIOn herem contamed shall m no
event be deemed a wmver of the nght to do so hereafter
SectIon 2. SeverabIlIty InvalIdatIOn of anyone of these covenants or restnctIOns
by Judgment or court order shall m no way affect any other provIsIOns, willch shall remam m full
force and effect.
SectIOn 3. Amendment. The covenants and restnctIOns of tills declaratIOn shall run
wIth and bmd the land, and shall mure to the benefit of and be enforceable by the owner of any
lot subject to thIS declaratIOn, mcludmg the declarants, Prame Wmd Estates Homeowners
ASSOCiatIOn, theIr respectlve legal representatlves, heIrs, successors, and assIgns, for a term of
thIrty (30) years from automatIcally extended succeSSIve penods often (10) years, unless an
mstrument termmatmg all covenants, WhICh IS sIgned by not less than the owners then ownmg
runety percent (90%) dunng the first thIrty (30) years and seventy-five percent (75%) for any
penod thereafter, of the property subject to thIS declaratIon and any supplemental declaratIOn
shall have been recorded wIth the Thurston County AudItor The covenants and restnctlons of
thIS declaratIOn may be amended by an mstrument sIgned by not less than the owners of
seventy-five percent (75%) of the lots Amendments shall take effect when they have been
recorded wIth the AudItor of the County of Thurston.
11111I1111111111111I II
RAINIER Gn~ERAL OEl)ELOPME COI) $27 ~~
3352957
Page 12 of 21
~5/15/2GG 1 10 1
Thurston Co! ~lA
11
SectIOn 4 Prame Wind Estates IS located wItlun a rural agncultural area. As a result, there
may be a conflIct Wlth nOIse, smells and sounds.
ACKNOWLEDGMENT
ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
ST ATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On the i / day of !1 (>..~ 200l, before me, a Notary PublIc
m and for the State of Washmgton, duly co IssIOned and sworn, personally appeared
'1Jou3 \Q,.s< R, 'B)", D IV< To me known to be the Pre",; de-n +
(TITLE(S) of lk ~"I ~ ( &elll,,-V'J 'lkv eL~ "" .oJ T ,,~(CORPORA TE NAME) and
acknowledged the said mstrument to be the free d volu~tary act and deed of saId corporatIOn,
for the uses and purposes therem mentIOned, and on oath stated that he IS authonzed to execute
the Said mstrument and that the seal affixed (if any) IS the corporate seal of Said corporatIon.
WITNESS my hand and offiCIal seal the day and year first-above wntten.
~~~\"\\\1I"1l1nhlq~ B
~~-l N 8U~~ ~ /1 ~
~~v~~\SSIO"""'?(/.~ a~ I ,~
~ ~.~ '>.Jr::,. . ^ I '''' , t ~ No ary PuetlC m and for the ('"
.:: ....., /",~\..;; <fl.. ::::s State ofWashm!rton resIdma m
=. _ .~ C>',::,
=*. ;) . =
~ '. rJ' 2003 ~ .:*~ --r-.
~ .;;'::;'1- ~r;f.: g: e... \'\ l Ii\ 0
~-Y.O' .oF wt>.S~\., . ,C;~
~ ):... <0" ~
~,<JAY pIJ #
'111//"1/1/ l1l\\l\\~\~
12
11111I1111111111111111
RAINIER GENERAL O(l.)ELOPt1E COli ~7 ~G
3352957
P ilge 13 ot 20
95/15/2991 19 1~
Thur.s!,on Co, ~IA
Prairie Wind Estates
EXHIBIT A
PART III - MAINTENANCE PLAN
INSTRUCTIONS FOR MAINTENAJ.'l'CE OF STORM DRAINAGE FACILITIES
The following pages contam mamtenance needs for most components that are part of the
proposed dramage system. A checklIst should be completed for all system components
accordmg to the schedules shown m the tables
Usmg photocopIes of these pages, check off the problems IdentIfied wIth each mspectlOn.
Add comments on problems found and actIOns taken. Keep these "checked" sheets ma
file, as they will be used to wnte ~he annual report (due m May of each year) Some Items
do not need to be checked wIth every mspectIOn. Use the suggested frequency at the left
of each Item as a gmdelme for the mspectIOns.
The CIty of Yelm IS available for techmcal assIstance Do not hesI ta te to call, especIally If
It appears that a problem may eXlst.
seA Engineering
Julj 2000
11111I11I1111111111I11
RAINIER GENERAL OEIJELOPME COt) ~7 ~~
3352957
Page 14 of 28
05/15/2001 18 1
Thurston Co, fiR
Pxairi-e -Wi,;."1d Es ta tes
SECTION 1 -
REQUIRED MAJNTENANCE
The dramage facilitIes will requrre occasIOnal mamtenance. The check.lJ.sts below are the
mirumum mamtenance requrrements and mspectIOn frequencIes
Mamtenance ChecklIst for Conveyance Systems (PIpes and Swales)
Frequency Dramage I Problem ConditIons to Check For CondItions That Should
'i
System Req'd Exist
Feature
M.S PIpes ~ Sediment & Accumulated sedIment that PIpe cleaned of all
debns exceeds 20% of the diameter of sedIment and debris.
the pipe.
M ~ VegeratlOn Vegetation that reduces free All vegetation removed
movement of water through so water flows freely
pipes.
A ~ Damaged ProtectIve coatmg IS damaged. PIpe repaired or replaced.
(rusted, rust IS causmg more than 50%
bent or detenoratlOn to any part of pIpe.
crushed)
M I Any dent that slgmficantly PIpe repaIred or replaced.
'i
Impedes flow (i.e., decreases the
cross section area of pIpe by
more then 20%).
M I I PIpe has major cracks or tears Pipe repaired or replaced.
allowmg groundwater leakage.
M.S Swales ~ Trash & Dumpmg of yard wastes such as Remove trash and debns
debns grass clIppings and branches and dispose as prescribed
mto swale. AccumulatIon of by Cltv Waste
non-degradable matenals such Management SectJon.
as glass, plastic, metal, foam and
coated paper
;y[ './ SedIment Accumulated sedIment that Swale cleaned of all
buildup exceeds 20% of the deSign sedIment and debns so
depth that It matches deSign
M ..J VegetatIon Grass cover IS sparse and weedv Aerate soils and reseed
not or areas are overgrown with and mulch bare areas.
growmg or woody vegetatIOn 'v[amtaIn grass heIght at a
overgrown mInImUm of 6" for best
storm water treatment.
Remove woody growth,
recontour and reseed as
necessary
'vI ,j Conve~slOn Swale has be:::n fiiled In or If pesslble. speak. WIth
bv home. blacked bv shed. woodplie homeo\lmer and reques~
0\",11 er .0 snruooer'... ere that swale area be
mc:)moat- res~ored. Contact Cltv to
seA Engineering
July 2000
1111111111111111111111
RAINIER GENERAL OEIJELOPME COU ~7 00
3352957
Page 15 of 20
05/15/2001 10 10:
ThlJrst on Co! ~lA
rrairte Wjnd Estates
Frequency Dramage ..J Problem Conditions to Check For ConditIons That Should
System Req'd EXIst
Feature
ible use I report problem if not
, rectIfied voluntarily
A ..J SwaIe does Water stands in swale or flow A survey may be needed
not drain VelOCIty is very slow to check grades. Grades
Stagnation occurs need to be In 1 % range if
possible. If grade IS less
than 1 %, underdrams
may need to be installed.
If you are unsure whether a problem exists. please contaCt the Jurisdiction and ask tor t~hnical assistance.
Comments:
Key- A = Annual (March or April preferred)
M = Monthly (see schedule)
S = After major storms
seA Engineering
July 2000
1111111111111111111111
RAHllER GENERAL OEI)ELOPME COli ~7 00
3352957
P~ge 15 of 20
05/15/2001101'111
Thl;rst, on Co I ~lA
Prairi~ {{ipd Estates
Mamtenance Checkhst for Energy Dissipaters
Frequency Drainage Problem Condinons to Check For ConditIons Tnat Should E:dst
System ~
F earure
A Rock Pad ~ Missmg or Only one layer of rock Replace rocks to design
moved rock eXIsts above native soil In standard.
area 5 square feet or larger
or any exposure of nari ve
soil
A Rock-filled , MiSSing or Trench IS not full 0 frock. Add large rock (=30 lb.
'I
trench for moved rock each) so that rock IS VIsible
discharge above edge of trench.
from pond I
--
M Dispersion ~ Pipe plugged Accumulated sediment that Pipe Cleaned/flushed.
trench With sediment exceeds 20% of the deSign
depth.
M PerforatIons Over 1,2 of perforatIons In Clean or replace perforated
plugged pIpe are plugged with pipe.
debris and sediment.
M,S " Not Visual eVIdence of water Trench must be redesigned
discharging dlschargmg at concentrated or rebuilt to standard.
water properly pOints along trench (normal Elevation of IIp of trench
condltlon IS a "sheet tlow" should be the same (flat) at
of water along trench). all pomts.
Intent IS to prevent erosIOn
damage.
M,S Vv ater tlows v[aIntenance person FacIlIty must be rebutlt or
out top of observes water flowmg out redeSigned to standards.
"distributor" dunng anv storm less than Pipe is probably plugged or
catch basm the deSign storm or its damaged and needs
causmg or appears likely to replacement.
cause damage.
M,S ReceiVIng area Water In recelvmg area IS StabilIze slope WIth grass or
over-saturated caUSing or has potentIal of olher vegetation. or rock if
causmg landslIde. condltJon IS severe.
If you are unsure whether ~ problem exists. ple:lSe cont:lct the Jurisdiction ~nd :J.SK tor rechnic~l :J.Ssistance.
Comments:
Key' A = .-\nnual (:'vl~rch or .-\priI preferr~)
M = :'vlonthly (see sch~ule)
S = .-\fter major storms
seA Engineering
July 2000
11111I11I1111111111111
RAINIER GENERAL OEUELOPME COl) $27 00
3352957
P .age 17 ot
05/15/2001 10
Thurst,on COI
PraJrie .Hind Estates
Mamtenance Checklist for Catch Basins and Inlets
Frequency Dramage -,J Problem Conditions to Check For Conditions Tnat
System Should ExIst
Feature ,
lvI.S General -,J Trash, debns and Trash or debns in front of No rrash or debns
sediment in or on the catch basIn openIng is located
basin blockIng capacity by more Immediately In
than [0%. from of catch basin
opening. Grate is
kept clean and
allows water to
enter
M ..j Sediment or debns (in the No sedIment or
- basin) that exceeds 1/3 the debns In the catch
depth from the bottom of basin. Catch basin
baSin to Invert of the IS dug out and
lowest pipe Into or out of cI ean.
the baSin.
M.S I Trash or debns In anv Inlet Inlet and outlet
'I
or pipe blocking more than pipes free of trash
l/3 of It'S heIght. or debris.
M -,J Structural Comer of frame extends Frame is even WIth
damage to frame more than 3/4" past curb curb
and/or top slab face Into the street (if
applicable).
M " Top slab has holes larger Top slab IS free of
than 2 square Inches or holes and cracks.
cracks WIder than 1/4"
(Intent is to make sure all
material IS runnmg Into the
baSIn).
M ..j Frame not Sitting flush on Frame IS Sltung
top slab Le., separation of flush on top slab.
more than 3/4" of the
frame from the top slab
A 'i Cracks In basIn Cracks WIder than 1/2" and Basin replaced or
wallslbottom longer than 3', any repaIred to desIgn
eVIdence of soli particles standards. Contact
entering catch baSIn a profeSSional
through cracks or engmeer for
maintenance person Judges evaluatIOn.
that structure IS unsound.
A "'i I Cracks Wider than [/2" and ~o cracks more
longer than I' at the jomt than ['4" WIde at
of anv inlet/outlet pipe or the Jomt of
anv eVIdence of soil mlet-/outlet pIpe.
par-Ic!es enrenng catch
baSin through cracks
seA Engineering
July 2000
11111I1111111111111111
RAINIER GENERAL OEVELOPME COU $27 88
3352957
P~ge 18 of 20
05/15/2001 10 D'I
Thl;rst on Co, fiR
Prairie Hind Estates
A ~ Settlement/mls- Basin has settled more than Basm replaced or
alignment 1" or has rotated more than repaired to design
2" out of alIgnment. standards. Contact
a professIonal
engmeer for
evaluation.
M.S. ~ Fire hazard or Presence of chemicals such No color, odor or
other poIlutJOn as natural gas, oil and sludge. Basin is
gasoline. ObnoxIous dug out and cle3!1.
color, odor or sludge
noted.
M.S. ..J Outlet pipe IS VegetatIon or roots I No vegetatIon or
clogged with growmg m mlet/outlet pipe root growth
vegetatlon jomts that is more than 6" p resen t.
tall and less than 6" apart.
If you are unsure whether a problem exists, please COnlact the Jurisdiction and ask tor technical assistance.
Commenls:
Kev' A = Annual (March or April preferred)
M = Monthly (see schedule)
S = After major storms
JUI JLIJ UU)lllJ U JJ
seA Engineering
July 2000
3352957
Page 13 ot 20
05/15/2001 10 1.
ThIJr-s!, on Co) ~JR
Prairie Wind Estates
SECTION 2 -
RESPONSIBLE ORGANIZATION
The homeowners assocIatIon shall be responsIble for the operatIons and mamtenance of
all onsIte storm dramage facilitIes
SECTION 3 -
VEGETATION MANAGEMENT PLAN
All msturbed pervIOUS areas on the SIte will be landscaped to prov'1.de an aesthetIcally
pleasmg enVIronment.
SECTION 4 -
BIOFIL TRATION SWALE AND INFILTRATION GALLERY
The bottom surface of the bIofiltratIon swale shall be penochcally mspected for build-up of
sechment and debns If the galleDr begms to have stanchng water, espeCIally after
ramfall has ceased for several days, the mfiltratIOn facility may not be mfiltratIng
properly and should be mspected.
seA Engineering
July 2000
1111111111111111111111
RAUHER GENERAL O(l.)ELOPME COli $:27 SO
3352957
P3ge 20 ot 20
05/15/2001 10 1"
Thurst.on Co! ~lA
Return Address
City of Yelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 Bill of Sale, Water System Improvements
2.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1 RaImer General Development, Inc.
2. ~l\2-1 ~ ~lu0 l:E-sTp. Il':;: <;,
3
Grantee(s) (Last name, first name, middle initial)
1 The PublIc
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
NE 1/4 of the NE 1/4 of SectIOn 24, TownshIp 17 N, Range 1 East
D AddItional legal IS on page _ of document
Assessor's Property Tax Parcel/Account Number
21724110502,21724110503,21724110504
" 111I "I " " III "I I "
RA I N I ER GENERAL DEI')ELOPME 111 SC $8 80
3352958
Parde 1 of 2
05/15/2001 10 Ie
Thljr.st,on Co, ~lA
BILL OF SALE
(CORPORATE FORM)
?-iJ
THIS BILL OF SALE IS made and executed this ,) day of /n ft...'/ 20 c/ , by and
between R G- [) / /..,) c-- , (CORPORATE NAME), heremafter called the grantor, and the
City ofYelm, a MUnICIpal CorporatIOn, hereinafter called the grantee.
WITNESSETH.
That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby
convey, set over, assIgn and warrant to the City ofYelm the followmg described property sItuated m
Thurston County, State ofWashmgton, TO WIT
All water mams together WIth force valves, valve boxes, hydrants, plpmg, fittings, and all other
appurtenences as extended from eXIstmg facilItIes located m Cullens Road north of the
mtersectIOn wIth Coates Road and running northerly m Cullens Road 328 feet, more or less.
Thence westerly wIthin the dedicated rights of way WIthIn the plat of Prairie Wind Estates.
IN WITNESS THEREOF, saId corporatIon has caused)hls mstrument to be executed by its proper officers
and ItS corporate seal (if any) to be affixed tlus :3 ~.O day of In rf5:J , 20~
1/
R r:: U"'I e-c/ c.~evol [kueIcJ;J ~I :;L',A.JC-
(CORPORATE NAME) . ~
~.
. . (SIgna re) ._
ITS /,J/Z#.s-J/CA//
,;/ (TItle)
By
(SIgnature)
ITS
(Title)
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On the . -) cd.. day of n 11;L(..~ 200 -.-L, before me, a Notary Public m and
for the State ofWashmgton, duly conumssioned ~hd sworn, personally appeared Thvc, F..> \OO~ ~Vl
-)
To me known to be the .i~ ~~~s tel (::~~l +- (TITLE(S) of 8~ -q .~C7r
(CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of
SaId corporatIOn, for the uses and purposes therem mentioned, and on oath stated that he IS authOrIzed to
execute the saId mstrument and that the seal affixed (If any) IS the corporate seal of saId corporatIOn.
---........"""
WITNESS my hand and Off~~tl1~,~~~~~ar first-~bove written.
i ~,,~c:,S\ON ~-r,%", \ / (.kJ 'J7i (/ /v
! 'g ~~.~y ~ ~ ~otary Public m an for the _ /
~ 0 C: :?tate ofWashmgton, resldmg m
I PUBU '~'.J.,-0 ? 'i.
" ~.: ::/yC,( t .I L ~\
- .~ I~j ,,'~~ 1 f _ 1 _ Q ,,~~
System accepted thiS ....j day of I 7f~ ) \....-l ~:- , 2CK'..::-) j
" ~ ---
\"~ "'....-......
City ofYelm
By'
Director of PublIc Works
11111I1111111111111111
RAINIER GENERAL OEIJELOPt1E t1ISC f3 &0
3352958
P<ige 2 (If 2
&5/15/2&01 1& 191
ThlJrs!,on Co, fIR
Return Address
City of Yelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 Bill of Sale, Sanitary Sewer System
2.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1 Ramier General Development, Inc.
2. (j7 '~A- L \2 (E- Lv lND E->T A.- T E:.- 5
3
Grantee(s) (Last name, first name, middle initial)
1 The PublIc
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
NE 1/4 of the NE 1/4 of SectIOn 24, TownshIp 17 N, Range 1 East
o AddItional legal IS on page _ of document
Assessor's Property Tax Parcel/Account Number-
21724110502,21724110503,21724110504
11"1\1 "I" III' '\\'1\ 1'1'\ III 1111\"1 I~ "1\\ll\1
RAImER GEHERAl DEVElOPt1E MbC
3352959
Page 1 of 2
05/15/2001 10 1'3
ThlJrsl,on Co! \.IR
BILL OF SALE
(CORPORATE FORM)
THIS BILL OF SALE is made and executed thIs '3 R-O day of /YJ ;fJ 20~, by and
between R c;......D / tVC- , (CORPORATE NAME), heremafter called the grantor, and the
CIty ofYelm, a MUlllclpal CorporatIOn, hereinafter called the grantee.
WITNESSETH.
That the grantor, for good and valuable consideration, the receIpt ofwmch is hereby acknowledged, hereby
convey, set over, assIgn and warrant to the City ofYelm the followmg described property situated m
Thurston County, State of Washington, TO WIT
All sanitary sewers together with force main valves, boxes, cleanouts, plpmg, and all other
appurtenences as extended from eXIsting facilitIes located in Cullens Road north of the
mtersectIOn with Coates Road and runnmg northerly in Cullens Road 328 feet, more or less.
Thence westerly wlthm the dedIcated nghts of way WIthIn the plat ofPrame Wind Estates.
IN WITNESS THEREOF, said corporatIOn has caused thIS instrument to be executed by Its proper officers
and Its corporate seal (if any) to be affixed tms '3 r:0 day of ft} 7 ' 20~
7<a III I e"r CenctTZ;-/ {lc.Jef~~/~'-; .;z;....c--
(CORPORATE NAME) I
(SIgnature)
P/2 Ji25. /p #,,--,1 ;:-
(Title)
By
ITS
(Title)
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
---, ..-d \..."" I
On the -:<: ~ day of (1 \ I()...F'........ 200--1-, before me, a Notary PublIc m and
for the State of Washington, duly co~ssIOne4)nd sworn, personally appeared 12'." ~)B (~L \0 ). "'\
To me known to be the R\,....,~.~.;/C\0G IT- (TITLE(S) of ';(;-71:::; ~J ~ 1('.'
(CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute the saId mstrument and that the seal affixed (If any) IS the corporate seal of saId corporation.
--,.""... ""\\
--:'\P'- SPllL__>
WITNESS my hand and Qffi~!ll' seaJ.the lr4:YJhd year first-above wntten.
; <:) solON /2'...' (~' - ~ ....
;' ~ '1;() ( ') l(1 .- ~ ' 1(' t , ), If
~ ~ ~OTARy ~ " /~. (..1:.--:..... F- I/(C\"/[I
~ 8 ~ ~ Notary PublIc m and f1r the )
~ PUBLIC ; Stat~of.Wa. shmgton, resldmg in
, ; l' /.,.... . "
',tP 1 () ~ ~.: {\~ vvr \......\ J:../ '>
~, "_~ I, ~ h, r . 1- ..' ~(j f
....-:~ .~ l/',t..'r'f ir' _\~.. i(', If
System accepted thIS - day 'M,~~(J><FIW~"'*:;"T;.-e.-... 20~
"'-":\,.,,......- (
CIty ofYelm
By'
DIrector of PublIc Works
1JI1LIJUIJIIIlJI UJI
3352959
Page 2 oj 2
05/15/2001 10 191
Thurston Co, ~lA
Return Address
City ofYelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 Warranty Agreement
2.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1 Raimer General Development, Inc.
2. r ~Al'P- llZ- t-UL 0f) tE-S'TATlZ-r;;-
3
Grantee(s) (Last name, first name, middle initial)
1 The PublIc
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
NE 1/4 of the NE 1/4 of SectIOn 24, TownshIp 17 N, Range 1 East
o AddItIOnal legal IS on page _ of document
Assessor's Property Tax Parcel/Account Number-
21724110502,21724110503,21724110504
111111111111 1111111111
RAINIER GENERAL DEUELOPME AGR $10 00
3352960
P <ige 1 of 3
05/15/2001 10 l~il
Thl.H"'s!,on Co, ~lA
Return Address
City ofYelm
Cathie Carlson
PO Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 SubdivIsIOn Guarantee
2.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1 Raimer General Development, Inc,
2. )?iZ.A liZ-I It:.... LVIND E- S t A '\IC--S
3
Grantee(s) (Last name, first name, middle initial)
1 The PublIc
2,
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
NE 114 of the NE 114 of SectIOn 24, TownshIp 17 N, Range 1 East
o AddItIOnal legal IS on page _ of document
Assessor's Property Tax Parcel/Account Number
21724110502,21724110503,21724110504
1111111111111111111111
RAINIER GOlERRL DEl)ELOPI1E PC $13 00
3352955
P<'1ge 1 of b
05! 15/200 1 10 191
Thl.w'ston Co! ~IR
\ \ .\1 t U I
. (
First American Title Insurance Company
510 PLUM STREET OLYMPIA, WA 98501 (360) 943-9350
FAX (360) 352-7417
SHAWN A. ELPEL
TITLE OFFICER
SANDI HUSTON
TITLE ASSISTANT
SUBDIVISION GUARANTEE
ORDER NO T829324-C
LIABILITY 51,00000
FEE. 200,00
TAX. 516,00
FIRST AMERICAN TITLE INSURANCE COMPANY A CALIFORNIA CORPORATION HEREIN
CALLED THE COMPANY SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET
FORTH BELOW AND IN SCHEDULE A
GUARANTEES
RAINIER GENERAL DEVELOPMENT INC., A WASHINGTON CORPORATION
HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT
STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN
THE ASSURANCES SET FORTH IN SCHEDULE A.
LIABILITY EXCLUSIONS AND LIMITATIONS
NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE
VALIDITY LEGAL EFFECT OR PRIORITY OF ANY MA ITER SHOWN HEREIN
2. THE COMPANY S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF
ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE
ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S
LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE.
3 THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF
PRO\ IDING TITLE E\ IDENCE AS MAY BE REQuIRED WHEN SUBDIvIDING LAND PURSUANT
TO THE PROv IS IONS OF CHAPTER 58 17 R.C W AND THE LOCAL REGULATIONS AJ'-JD
ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT IS NOT TO BE USEj) AS A BASIS
FOR CLOSING ANy TRANSACTION AFFECTING TITLE TO SAID PROPERTY
DATED f\larc'h :; :;lJO I AT S.()f) '\ 1',,1
II,. ^
/..... '1
-'
TITLE OFFICER
Pdge
111111 "III" 111111111
RAINIER GENERAL DEUELOPME PC $13 80
3352955
P<ige 2 of 6
05/15/2081 10 19'1
ThlJrsl, on Co I ~lA
SUBDiViSiON GUr' NTEE
ORDER NO T829324-C
SCHEDULE A
THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE.
A. TITLE IS VESTED IN
RAINIER GENERAL DEVELOPMENT INC., A WASHINGTON CORPORATION
B THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE
FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND
INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL
PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER
RECORD MATfERS
THE FOLLOWING MA TfERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE.
UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS
AUTHORIZING THE ISSUANCE THEREOF
2. WATER RIGHTS, CLAIMS OR TITLE TO WATER.
3 TAX DEEDS TO THE STATE OF WASHINGTON
4 DOCUMENTS PERTAINING TO MINERAL ESTATES
DESCRIPTION
PARCELS 2 AND 4 AND TRACT A OF THURSTON COUNTY SHORT PLAT NO SS-8119 ACCORDING TO
SHORT PLAT RECORDED JULY 13, 1994 UNDER RECORDING NO 9407130126, IN THURSTON COUNTY
WASHINGTON
RECORD MA TfERS
GENERAL TAXES THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE
SECOND HALF BECOMES DELINQUENT AITER OCTOBER 31ST
YEAR. 2001
AMOUNT BILLED' $384.18
AMOUNT PAID' $0.00
AMOUNT DUE. $384.18, PLUS INTEREST Ai"JD PENALTY IF DELINQUENT
TA.\. ACCOliNT "i0 2172-.H-I0502
ASSESSED VALUE OF LAND $27.500.00
ASSESSED 'v ALUE OF IMPROVEMENT $0.00
(AS TO LOT 2)
p
11111I1111111111111I II
RAHHER G(rjERAL OElJELOPME PC $13 00
3352955
P <ige 3 of 5
05/15/2001 10 1~1
Thr.w-ston Co, llA
ORDER t~O T829324-C
2. GENERAL TAXES THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE
SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST
YEAR, 2001
AMOUNT BILLED $496.94
AMOUNT PAID $0.00
,\MOUNT DUE. $496.94 PLUS INTEREST Ai..... D PENALTY IF DELINQUENT
TAX ACCOUNT NO 2172-41-10503
ASSESSED VALUE OF LAND' $35,600.00
ASSESSED VALUE OF IMPROVEMENT $0.00
(AS TO LOT 4)
3 GENERAL TAXES THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH, THE
SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST
YEAR. 2001
AMOUNT BILLED $11.10
AMOUNT PAID' $0.00
AMOUNT DUE. $11.10 PLUS INTEREST AND PENALTY IF DELINQUENT
TAX ACCOUNT NO 2172-41-10504
ASSESSED VALUE OF LAND' $300.00
ASSESSED VALUE OF IMPROVEMENT $0.00
(AS TO TRACT A)
4 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR RAINIER GENERAL DEVELOPMENT, INC., A WASHINGTON
CORPORATION
TRUSTEE. BRUCE FINE, ATTORNEY
BENEFICIARY SYLVIA MEZISTRANO, AS HER SEPARATE ESTATE
AMOUNT $60,000.00
DATED' JANUARY 20, 1999
RECORDED. FEBRUARY 11, 2000
RECORDING NO 3278889
5 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR RAINIER GENERAL DEVELOPMENT, INC., A WASHINGTON
CORPORATION
TRUSTEE. BRUCE FINE, ATTORNEY
BENEFICIARY LARRY STURMAN AND ROCHELLE STURMAN, TRUSTEES OF
SAM'S CLOTHING STORES, INC. PROFIT SHARING TRUST
FUND
AMOUNT $95,000.00
DATED' .JULY 20, 2000
RECORDED .JULY 28, 2000
RECORDING NO 3305289
6 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF
GRANTOR R~INIER GENER~L DEVELOPMENT, INC., ~ W ~SHlNGTON
CORPOR~ nON
TRUSTEE. BRUCE FINE. ~TTORNE\
BE?'<EFICIAR'r MICHAEL K. REIBMAN. A SIN(.LE l\'L~N
AMOUNT $50,000,00
D1\ TED .JUL Y 5, 2000
RECORD CD JUL'\ 28. 2000
RECORDI'\G ?'<O 3305290
p,
1111111" 1111111111111
RAINIER GOJERAL D(I.)ELOPt1E PC $13 00
3352955
P<lge 4 of &
05/15/2001 10 1~1
ThlJrst on Co I ~IA
ORDER NO T829324-C
7 DEED OF TRUST AND TIlE TERMS AND CONDITIONS TIlEREOF
GRANTOR, RAINIER GENERAL DEVELOPMENT, INC., A WASHINGTON
CORPORATION
TRUSTEE. BRUCE flNE, ATTORNEY
BENEFICIARY LUETTA JERMULOWSKE AND ALVIN S. PEARL, CO-
TRUSTEES OF THE JERm IE JERMULOWSKE EXEMPTION
TRUST UNDER LAST WILL AND TESTAMENT DATED
JANUARY 9, 1986
AMOUNT $50,000.00
DATED' JULY 5, 2000
RECORDED JULY 28, 2000
RECORDING NO 3305291
8 DEED OF TRUST AND TIlE TERMS AND CONDITIONS TIlEREOF
GRAJ."l"TOR. RAINIER GENERAL DEVELOPMENT, INC., A WASHINGTON
CORPORATION
TRUSTEE. BRUCE flNE, ATTORNEY
BENEFICIARY MICHELLE H. MERLINO, AS HER SEPARATE ESTATE
AMOUNT $77,500.00
DATED AUGUST 25, 2000
RECORDED' SEPTEMBER 27, 2000
RECORDING NO 3315695
9 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAlNED TIlEREIN AS GRAJ."l"TED IN
INSTRUMENT
RECORDED' MARCH 28, 1960
RECORDING NO 624975
IN FAVOR OF PUGET SOUND POWER & LIGHT COMPANY, ITS
SUCCESSORS AND/OR ASSIGNS
FOR. RIGHT TO ENTER SAID PREMISES TO OPERATE, MAINTAIN
AND REPAIR AN ELECTRIC TRANSMISSION AND/OR
DISTRIBUfION SYSTEM LOCATED IN THE STREET
ADJOINING SAID PREMISES, TOGETHER WITH THE RIGHT
TO CUT BRUSH AND TREES, WHICH MAY CONSTITUTE A
DANGER TO SAID LINES
10 RESTRICTIONS, CONDITIONS, DEDICATIONS NOTES. EASEMENTS AND PROVISIONS
CONTAlNED AND/OR DELINEATED ON TIlE FACE OF TIlE SHORT PLAT 8S-8119 RECORDED
UNDER TIlURSTON COUNTY RECORDING NO 9407130126.
ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF
ANY TITLE COMMITMENT OR POLICY IT IS FURNISHED SOLELY FOR TIlE PURPOSE OF
ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANI'
LIABILITY WHICH MAY RESULT FROM RELIAl"l"CE MADE UPON IT
JMSiElH
Page
11~\1' JUJ IJJ1J) , 'u" 'm III
3352955
P<igl? 5 of h
05/15/2001 10
Thursl,on Co, ~
Form No. 1755
Commitment. Conditions and Stipulations
COMMITMENT
Conditions and Stipulations
The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2 If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule 8 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company
is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule 8 of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of
these Conditions and Stipulations.
3 Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the
policy or policies committed for and such liability is subject to the I nsuring provisions, exclusion from coverage,
and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed
Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4 Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title
to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim
shall be restricted to the provisions and conditions and stipulations of this Commitment.
11111111111111111111111
RAHHER GENERAL OEUELOPI1E PC $13 00
3352955
Page 6 of F.
05/15/2001 10 1~
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A PORTION OF THE NE 1/4, OF THE NE 1/4,
OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W M
SHEET 1 OF 3
APPROVALS
DESCRIPTION
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LANIJ SURVEYOR'S CERTIFICATE
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DEDICATION
~iCH~EL K, REIBMAN
SHEET INDEX
DESC/<IPTlON. SVRvfyOil'S CERT.FlC~ TE. O(OICA nON ~O ^PPROYALS
ACKNOv.\.(OGMENTS
pLA T BOUNDARY ^ND LAyOUT
SHEET 1 Of 3
SHEET 2 OF 3
SHEET 3 Of 3
'FICER:
Qpro'Jed tor
~ecord\ng
I
~6~b\~ \ \
MAYOR FOR THE CITY of YEr,M:
EXAMINED AND APPROvED THls1:fi-DAY OF ~.2001.
"\ '{ell'!
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MA
ASSESSOR d.
ExAMINED AND A!'PROvfD THIS.JJ:..:-DAY of .J1J1!j--,2oo1.
(
TREASURER
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CONSUli\NG
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A PORTION
OF SECTION 24,
251)11E5
OF THE NE 1/4, OF THE NE 1/4,
TOWNSHIP 17 NORTH, RANGE 1 EAST,
SHEET 2 OF 3
ACKNOWLEDGMENTS
YJ\} liJfJ
ACKNOWLEDGMENTS
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I
/
STA TE OF WASHINGTON (
COUNTY OF 1HURSTON 5 S.S.
ON 1H1~ ~AY OF "'P~I(. 2001, BEFORE ME PERSONALLY APPEARED 1)o~rA..~ It & I 00"'" OF RAINIER
GENERAL DEVELoPMENT, INC.. A WASHINGTON CORPORA TION, 1HA T EXECUTED 1HE >Il1HIN A fOREGOiNG INSTRUMENT. AND ACKNOIltEDGED
SAID INSTRUMENT TO 8E mE FREE AND VOWNTARY ACT AND DEED DF SAID CORPORA TION, FOR THE USE:S AND PURPOSES THEREIN MENTIONED. AND
ON OA TH STATED THA T HE WAS AU1HORIZE:D TO EXE:CUTE SAID INSTRUMENT.
IN ItlTNESS \\HEREOF SAID CORPORATION HAS CAUSED THIS INSTRUMENT TO EXECUTED BY 11$ PROPE:R OFFlCER THI~AY OF_ An/I- 2001.
IN ItlTNESS I\HEREOF I HAve: HE:REINTO SET MY HAND AND AFFIXED BY OFFICIAL SEAL THE DAY AND YE:AR FIRST ABOve: IlfI/TTEN.
~~ & ~~
NOTARY PUBLIC IN AND FOR 1HE ST OF WASHINGTON
RESIDING AT: ?~A 11' t..E I W A:
MY COMMISSION EXPIRES: I't. - z,.S - ~D I
I KEVIN G 30YD I
NOTA 11. .l.:, :,
,TATE ..s ;;!,C' ot< I
Il'~M.i.lllS: _h n Yj-.iIRES
~~2~ 2001 I
STA TE OF WASHINGTON (
COUNTY OF 1HURSTON 5 S.s.
ON THIS ZI"'DAY OF p.~tf.. ZOOl, BE:FORE ME PERSONALLY APPEARED S\'1.\IIA MEZISTRANO THAT EXECUTED THE >IlTHIN AND FOREGOiNG INSlRUMENT,
AND ACKNDv.tEOGED SAID INSTRUMENT TO BE 1HE FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PURPOSES THEREIN MENTIONED. AND
ON OA 1H STA TED 7HA T SHE WAS AU7HORIZED TO EXECUTE SAID INSlRUMENT.
IN >IlTNESS \\HEREOF SAID CORPORATION HAS CAUSED 7H/S INSTRUMENT TO EXECUTED BY 11$ PROPER OFFleER THIS_DAY OF:
IN WITNESS \\HEREOF I HA ve: HEREINTD SET MY HAND AND AFFlXED BY OFFlClAL SEAL 7HE: DAY AND YE:AR FlRST ABOve: WRITTEN.
200/.
~~~. (y t1.~
NOTARY PUBLIC IN AND FOR 7HE ST OF WASHINGTON
RESIDING AT: Sf! ft'lt l.E: W"
.
MY COMMiSSiON EXPIRES: It. - z.s - '1L>o I
KEVIN G. BOYD I
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
DECEMBER 26, 2001
STA TE OF WASHINGTON (
COUNTY OF 1HURSTON 5 s.s.
ON THIS~-rlaAY OF ~ZOOl, BEFORE ME PERSONALLY APPEARE:D LARRY STURMAN THAT EXECUTED 7HE Wl7HIN AND FOREGOING INSTRUMENT,
AND ACKNOv.tEDGED SAID INSTRUMENT TO 8E 7Ho FREE AND VOLUNTARY ACT AND DEEO. FOR 1HE USES AND PURPOSES 1HERoIN MENTIONE1J, AND
ON OA 1H STA TED 1HA T HE WAS AU1HORIZED TO oXECUTE SAID INSTRUMENT.
IN >IlTNESS \\HoRoOF SAID CORPORATION HAS CAUSED 1HIS INSTRUMENT TO EXECUTED BY 11$ PROPER OFFICER 7HIS_DAY OF..
IN >IlTNESS \\HEREOF I HA VE HERElNTO SET MY HAND AND AFFIXED BY OFFlC/AL SEAL 7HE DAY AND YE:AR FlRST ABOve: WRITTEN.
2001.
11~(~ ~-
NOTARY PUBUC IN mD FOR THE ST 'TE OF WASHINGTON
RoSlDlNG AT: ~A rru:: wrol
,
MY COMMISSION EXPIRES: 11. - 'Z.fl-1.ool
KEVI~ G. BOYD
NOTARY PUBLIC
STATE OF WASHINGTON
corAMISSION EXPIRE'S
DECEMBER 28, 2001
.~--"----
STA TE OF WASHINGTON (
COUNTY OF 7H' H?STON 5 S.s.
:to
ON THIS~))AY OF ~2001. BEFORE ME PoRSONALLY APPoARED ROCHE1..lL STURMAN 7HAT ExrCU7W 7HE ~THIN AND FOREGOING INSTRUI.IENT.
AND ACKNOv.tEDGE:D SAID INSTRUMENT TO 8E: 7HE FREE ANO '.{)LUNTARY ACT AND DEED, FOR THE USES AND PURPOSES 7HEREIN ME:NTIONED. AND
ON OA7H STA TED 7HA T SHE WAS AU7HORIZED TO EXECUTE SAID INSTRUMENT.
IN >IlTNE:SS \\HEREOF SAID CORPORA nON HAS CAUSED THIS INSTRUMENT TO EXECUTED BY 115 PROPER OFFlCER THIS_DAY OF:
IN lllTN[SS \\HEREOF I HAVE HERE1NTO SET MY HAND AND AFFlXED BY OfFICIAL SEAL THE DAY AND YEAR FIRST ABOve: IlfIITTEN.
2001.
I<~ G 6o~
NOTARY PU8UC IN AND FOR THE A TE OF WASHINGTON
RESIDING AT: ~A. \T\..E r l..Ill\
MY COMMISSION EXPIRES: 17. - ~ 'U>oI
KEVIN G. BOYD
NOTAR'r PUBLIC
S"';TE 01' WASHINGTON
COMMISSION EXPIRES
I DECE~ 28. 2001 I
WM
(CO NT )
STATE Of WASHINGTON (
COUNTY OF 1HURSTON 5 s.s.
ON THIS 2.g~AY OFM.!:J.k.2001. BEFORE ME PERSONALLY APP[ARED MICHAEL REIBMAN 7HAT EXECUTED THE Wl7HIN AND FOREGOING INSTRUMENT,
AND ACKNOv.tEOGE1J SAID INSTRUMENT TO 8E 1HE FREE: AND '.{)LUNTARY ACT AND OEED. FOR THE USES AND PURPOSES 7HERDN MENTIONED. AND
ON OATH STATED THA T HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMoNT.
IN WITNESS \\HEREOF SAID CORPORATION HAS CAUSED Tr/IS INSTRUMENT TO EXECUTED BY 11$ PROPER OFFICER 7H/S_DAY OF_ 2001
IN WITNESS \\HEREOF I HAY<: HoRE/NTO SET MY HAND AND AFFIXED BY OFFICIAL SEAL THE DAY AND YE:AR FIRST ABOve: 'MlITTrN.
14vw (y &o~
NOTARY PUBUC IN AND FOR 7HE S TE OF WASHINGTON
RESIDING AT: 7ti\ TT LE ,w A
MY COMMISSION EXPIRES: 12. .2.f,- 2a2,
I KEVlN G. BOYD
NOTARY PUBLIC
~' ATE OF WjlSHlNGTON
(.;;MMISSlON EXPIRES
uECEMBER 28. 2001
STA TE OF WASHINGTON (
COUNTY OF 7HURSTON 5 S.S
ON TH/S-1~AY OF APf-ft...2oo1. BEFORE ME PERSONALLY APprAREO WEITA JERMULOWSKE 7HAT EXECUTED THE Wl7HIN AND FOREGDlNG INSTRUMENT.
AND ACKNOlltEDGED SAID INSTRUMENT TO BE 7HE FREE: AND '.{)LUNTARY ACT AND OEEO. FOR THE USES AND PURPOSES THEREIN MENTIONED, mD
ON OATH STATED THAT SHE WAS AU7HORIZEO TO EXECUTE SAID INSTRUMENT.
IN IllTNESS WfoIEREOF SAID CORPORATION HAS CAUSED 7HIS INSTRUMENT TO EXECUTED BY 11$ PROPER OFFICER 7HIS_DAY OF_ 2001.
IN ItlTNES.> \lHEREOF , HAY<: HEREIN TO SET MY HAND AND AFFlXED BY OFFlClAL SEAL mE DAY AND YE:AR FIRST ABOve: 'MlITTEN.
i/o~ (9- ~~
NOTARY FUBUC IN AND FOR 7Hf STA IE OF WASHINGTON
RESIDINC H: -; fA ff u:: I w A
MY CO....yISSlON EXPIRES: 17_ -1..e.- 2.= I.
KEVIN G. BOYD
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
DECEMBER 26, 2001
---J
STATE OF WASHINGTON (
COUNTY OF THURSTON 5 S.S.
ON THIS.i~DAY OF/l.f~(f.. 2001, BEFORE ME PERSONALLY APPEARED ALWN S. PEARL 7HAT EXECUTED THE ~7HIN AND FOREGOING INSTRUMENT.
AND ACKIIOWlEDGED SAIO INSTRUMENT TO BE: 7HE FREE AND '.{)LUNTARY ACT AND DEED, FOR JrlE: USES AND pURPOSES lHERElN MENTIONED, AND
ON OATH STATED JrlAT HE WAS AUTHORIZED TO EXECUTE SAID INSlRUMENT.
IN IllTNESS \lHEREOF SAID CORPORATION. HAS CAUSED THIS INSTRUMENT TO EXECUTED BY 115 PROPER OFFICER 7HIS_DA Y OF_ _2001.
IN ItlTNESS \lHEREOF I HAVE HERo/NTO SET MY HAND AND AFFlXED BY omCIAL SEAL THE OAY AND YE:AR FIRST ABOVE WRITTeN.
/&1ffL. fy ~
NOTARY PU8UC IN AND FOR 7HE TA TE OF WASHINGTON
RES/DINO AT: SEJIorr<..... WA
MY COMMISSION EXPIRES: 1l.--1. 6 -2."0 I
..---
KEVIN G. BOYD
NOTARY PUBliC !
!'.T?TEorw:',",~;mulll
c;UI.MI:;SION "XPIRES
q.\.:l'~'~3cA 25, 2001
---
STA TE OF WASHINGTON (
COUNTY OF 1HURSTON 5 s.s.
ON THIS_~i>AY OF AI'ttJl..Zool. BEm,E ME PoRSONALLY APPEARED MICHE1..lL H. t.lERUNO 7HAT EXECUTED THf 1117HIN AND FOREG:ANG INSTRUMENT.
AND ACgNO\llEOGE1J SAID INSTRUMENT TO 80 7HE: FREE AND VOLUNTARY ACT AND DEED. FOR lHE USES AND PURPOSES 7HffiEIN MfNnONfD. AND
ON OATH STATED 7HAT SHE WAS AU7HORIZED TO EXECUTE SAID INSTRUMENT.
IN ItlTNE.SS \lHERfOF SAID CORPORATION HAS CAUSED 7HIS INSlRUMENT TO oXECUTED 8Y /15 PRoPrR OFF7CER 7HIS_OAY OF:
IN lllTNE;S \\HEREOF I HA'IE HfRf:INTO SET MY /oiAND AND AFFlxm BY omClAL SEAL THE DAY AND YE:AR FIRST ABOYf -oRITTEN.
2001.
/&~{r ~
NOTARY Puguc IN AND FOR THE S TE OF WASHINGTON
RESIDING AT: seA rru;. w..
MY CCM,IISSJON EXPIRES: ll. - J.~ - ~(
-
KEVIN G. BOYD
NOTARY PUBLIC
STATE 01' WASHINGTON
c -'A~<!SSlON EXPIRES
Uc,~~MBER 28.2001
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WITH 10'22 PLUG.
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FRDM ReBAR & CAP
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_ n.34
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91.17
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91.00
FOUND Re8AR AIID CAP
0.06' SOUTH/0.23' WEST
OF CALC POST110N
BASIS Of B[ARING$.
~ S!
;:
Of
TH [ N E
FIL[ NO
5')C1Sl~
13'178
PF);11flJ2 YlJl;\jJj 2~1;1125
1/4, OF THE NE 1/4, OF SECTION 24, TOWNSHIP 17 NORTH,
?"\.:";C~.
.,,")..
FUTURe STRITT CONNeCTION
TO ADJACeNT PARCeLS
28.00 ~ -
.....,
f3/i:>'. _ .. ! I
~ ~ I _ I 0.14, I I - ~0F'8E'AJ:>f,,^_1 I ~ I _I'~ __ _
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W I - I _!
CIl 24 n.n ...-.~. 10.00_ _ I (J)I
- - 10.00 I
I- 1 <Xl S 8879'51' e 114.38- _ 1
tf) ~ ~ 94TH AVE SE '" ~~;:-38 TRACT C OPEN SPACE I a:
S 8879'51" E' - - - - - - -$-- e7.J S 887951' E 714.38 I :ll ~
a --------2J5~- - Stl C4 10' WIDE' WAreR SERI1Cf: g_ III
Z . ~1le~" ~ USEME'NT FOR THE' 8F:NUlT 1144 SF oj:::; If;l 0 I
~ ~ . 8' UTlUTY eASE:MeNT ~$-',---.[_ OF LOT '. SS-8119 HERE'8Y 00s ACRE'S "'I'" ,I Q:I
;: I 10' UTILITY E'ASE:ME'NT (seE NOre) r (THIS AREA ONLY) . ~ C6 CREAreD \ S 88'29'51' E' , "'_ ~ I
::> I r - "'M ...... _ - ~ - - - _ -; ---;6a3:r-- - - - -=tr..... 30.00'1
Cl0 """"""- <Xl a- I.... (J) I
c-.. -:. ~ OJ llJ I~ 2:
toll'", I~ lLJl
25.35- - ~~ I~ ,I
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EASE:I.IENT FOR INGRE'SS,
EGRE'SS AIID UTlLITl<S
HERE'8Y CREA TED FOR
THE BENEFIT OF LOT 3.
SS-8119
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36.00
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-I (NO 8U1LDING RESTRICTIONS .
...., USreD IN E'ASEMENT DOCUMENT.)
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SS-.'; 1 9
123.33
270.JJ
I
15' INGRESS. E'GRE'SS AND
UTlUTI<S EASE:MENT FOR
THE 8ENUlT OF LOT 3
SS-8119. HERE8Y CREA reD
FOUND RE8AR AND CAP
0.04' SOUTH/O.l1' EAST
OF CALC POSITION
L[GEND:
RANGE
EAST,
I
, 24
Mil
W I
I III
I :5,
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20 1
~120'00\
- 30.00 I
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114.38
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OT J
SHORT SUBDIVISION 8119 AS RECORDED IN VOLUME 27 OF SHORT PLATS,
PAGES 460 TO 463, RECORDS OF THURSTON COUNTY. WASHINGTON. HOlDING
THE NORTHEAST CORNER OF LOT 2 AND THE NORTHWEST CORNER OF LOT 4.
. SET 5/8' RE8AR AND CAP STAMPE1J 'CASSOU 27133"
S SET 2" BRASS DISC IN CONeRETE STAMPED "27133" "2001"
o FOUND 1/2" RE8AR AND CAP LS. 1'8096 AT CALCULA TED POSITION
POS/TlON PER SS-8119, UNLESS OTHE'R'MSE: NDreD.
METHOD Of SURVEY'
SURVEY CONDUCTED 8Y STANDARIJ FIELD TRAVERSE: METHODS 'MTH THE USE'
OF A lElCA TCA1103 TOTAL STATION DURING FElL 2000.
LOTS 12-24
PRAIR1E 'MND ST SE:
YaM, WA. 98597
EASEMENTS AND RESERVATIONS
STEP SYSTEM PLAT EASE:MENT PROWSIONS:
A PERPE7UAL E'ASEME'NT IS HE'RE8Y RESERW FOR AND GRAIITF:D TO THE CITY OF YELM. ITS
SUCCESSORS, AND ASSIGNS. FOR OPERA TlONS, MAlNTENANCE. AND REPAlR OF ANY OR ALL
PORTIONS OF THE SE:PTlC TANI< EFFLUENT PUMPS (Srep) SYSTEM INCLUDING BUT NOT R<STRICreD
TO; SE:PTlC TANXS, CHAM8ERS, PRE'SSURE'/GRAVlTY SE:WE:R CONNECTION UNES AND PUMP STATUS
PANEL OVER, UNDER AND THROUGH THE LAND HERE8Y PLA TTED. THE PURPOSE OF THE EASEMENT
IS TO PROVIDE ACCESS FOR THE CITY OFFICERS AIID E'MPLOYE<S TO THE CITY O'MIED PORTION OF
THE STEP SANITARY ~ SysreMs. THE' ""DTH OF THE EASEMENT HEREIN RESE:RVED SHALL Be:
FlVE ITU EACH SIDE OF PIPE AND a.ECTRICAL LINES AS CONSTRUCreD. !HE I'IIDTH OF rrle TANK
E'ASE:I.IENT SHALL EXTDlD FIvE ITf.T BEYOND THE E1JGES OF THE TANX. THE O'MIER SHALL MAINTAIN
AND IS RESPONSI8LE FOR !HE HOUSE LA TERAL CONNECTING THE TANK TO THE HOUSE: PLUMBING
AIID INLET TO THE TANK CHAMBER. THE CITY OF YaM SHALL HA vE THE RIGHT TO TEMPORARILY
UllUze: SUCH AREA BEYONO THE fASE:MENT AREA DESCRI8<D ABOVE THAT IS NECESSARY FOR THE
OPERA 1l0N. MAINreNANCE' AND REPAlR ACTlWTI<S ON THE STEP SysreM.
IT IS POSSIBlf: !HA T MAJOR LANDSCAPING ITEMS, E.G., SHRUBS AND TREES, I'IITHIN !HE' ABOVE
EASE:MENT RIGHT-OF- WA Y MA Y BE DM/AGE1J DURING THE PERFORMANCE OF OPERA TlON AND
MAINreNANCE ACTlI1T1ES. THE OVrtlER WAIvES ANY CLAIM AGAINST THE CITY FOR DM/AGE: TO SAID
ITEMS IN THE CASE: I'rHERE IOORI< BY !HE CITY IS DONE IN A REASONABLE MANNER. THE Ov.NER
ALSO WAlvES ANY CLAIM AGAINST rrlE CITY FOR DAMAGES GENERALLY I'rHICH ARISE FRO/.i "ACTS OF
GOD" OR OF miRa PARTlES, NOT INVOL WNG FAULT BY THE CITY OF YELM.
THIS EASEMENT SHALL BE eONSIOrRED AN ENCUM8RANCE' I'rHICH TOUCHES AIID CONCERNS THE
LAND A80vE D<SCRIBro. AND BINDS OWNERS. TRANSITRITS, DONE'eS, SUCCESSORS AND ASSlGNEf:S
IN INTRe:ST IN mE SM/E MANNER AS IT 8INDS O'M'lERS HEREIN.
ADDR[SSES,
~
LOTS 1-12 AIID 24
TRACTS A AIID B
94TH AVE SE
YELM, WA. 98597
SCALE. 1'=40 FEH
~ ..-A"~-8,J
o 20 40 80
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, DRlVEWA Y ACCE'SS .0,
& U71UTlES EASE'MENT
PER SS-8119N HfREBY
E'XTlNGUISHE1J
3D I 20
I
30.00 'I
;:1'20.0'01
I I
1 20 1 20
I
I
I
I 24
(J
29.67
40.00 . 50.70
S 88'29'51' E' 12D.37
TRACT B
OPEN SPACE/STORMWA TER RETENTION
(SEE NOTE J)
206.28
S~E
TRACT I g
IS}
I
Pi\.:':G::-~.
if' 7
.2.~ : : OC';03
OT
S~....-.':'.
NOT[S.
1: PRAIRIE WIND STRE'ET SE' AND 94TH A vENUE SE:
ARE HEREBY DEDICA TF:D TO THE CITY OF YaM.
2: TRACTS A. 8. AND C ARE TO BE DeDICA TF:D TO THE
PRAIRIE WIND EST A res HOI.IE' OVrtlERS ASSOClA TlON.
3: TRACT B, OPEN SPACE/STORMWA reR ~EreNTlON TRACT SHALL 8E OWNED AND
IoIAlNTAINED 8Y THE PRAIRie 'MND eSTA res HOI.IE'O'MIERS ASSOCIA nON. AN
EASEMF:NT IS HERE8Y CREA TF:D OVER TRACT B FOR EMERGeNCY MAINTENANCE
SERI1CES 8Y THe CITY OF YEW.
251.3D
ZONING
R-6
EASEMENT PROVISIONS
L IN[ TABL[
/oQ. BEAR IIoC
L1 S 69'06 '38" E'
L2 S 26'24 '58' E
LJ S 64 43 '00" E
AN E'ASE:MENT IS HEREBY RESE:RVED FOR AND GRANTED TO RUGET SOUND ENERGY
INC., OIl(ST CO/.iMUNICA TlONS, THE CITY OF OL YloIPIA, A MUNICIPAL CORPORA TlON AND
ANY CABLE reLE:V1S1ON CO/oIPANY AND 07HER UTlUllES AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, UNDfR AIID UPON THE' f:XTER1OR 10 FEET OF ALL LOTS
AND TRACTS. . (EXCEPT AS NOlED). PARALLEL I'IITH AND A!M)fNING EXISTING OR
PROPOSED ACCESS RIGHT OF WA Y AND TRACTS (BOm PR/VA TE AND PU8UC), AS WELL
AS AN EASE:ME'NT I'IfTHIN ALL PRlVA TE ROADS. TRACTS ANO DRIVES, IN I'rHICH TO
INSTALL.. LA Y CONSTRUCT, RE'NEW. OPERA re AND MAINTAIN UNDERGROUNO
DISTRIBUTION SYSTEMS IIfTH NECESSARY FAClUT7ES AIID OTHER EQUIPMENT FOR THE
PURPOSE Of SERI1NG THIS SUBDIWSlON, AND OTHER PROPERTY. I'IIm UTlUTY
SERI1CES, TOGETHER I'IfTH THE RIGHT TO ENTER UPON THE LOTS A T ALL TI"ES FOR
mE PURPOSE HEREIN STA lED. ALSO. ALL LOTS SHALL BE SU8~CT TO All EASfMf:NT
2.5 ITEr IN 1If0TH, PARALJ.11. I'IITH AND AOJACF:NT TO ALL INTERIOR LOT LINES ANO 5
ITET IN WIDTH. PARALLEL VrfTH AND ADJACENT TO All REAR LOT LINES FOR
PURPOSE:S OF UTILITIES AND DRAINAGE. UNLESS OTHERVrfSE SPEClFIf:D.
NO UNES OR lIlRES FOR THE TRANSl./ISSlON OF ELECffilCAL CURRENT OR FOR
TrLEPHONE' USE'. CA8LE TELfWSlON, FIRE OR POLICE SIGNALS, OR FOR OTHER
PURPOSE:S, SHALL BE' PLACED UPON ANY LOT UNLESS THf SAAiE SHALL BE
UNDERGROUND OR IN CONDUIT A IT ACHED TO A BUILDING.
CURVE TABLE:
NO DELT A
CI 90 00 '00"
C2 8 D5 '22"
C3 II 17'51"
C4 304'42'
C5 16 18 '30'
C6 19'23'/J'
C7 19'23' 13"
CB 0'49 '50'
C9 18' 33 '23'
CIO 19 23 '/J'
Cll 90'00'00'
CI2 89 46 '50'
~
FOUND 3/4" IRON
PIPE' 1.2' 8ELOW
19 A/C SURFACf: It
\ CULLENS ROAD.
\ ITB., 2000.
1
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I fi,!N:E~g: A~iJI sJ;FACE
/ PE'R R.O.S. VOL 23, P 175
19 NOT V1SlreD THIS SURVEY.
DISTANCE
iT7'f
"5.2B
'1iXi
RADIUS
25.00
1JD.5o
1JD.5o
59.50
59.50
97'SO
7 'ii25o
i'255ii
i25.5O
"'74SO
2SOo
25.00
LEIoCTH
39.27
~
~
2.:.Zl
19.78
".J2.99
'J468
182
40 65
25.2T
J927
39.77
JOB J00017
SH[[T 3 OF 3
~~
City of Yelm
Community Development Department
Invoice No CDD-Ol-012
INVOICE4 ~
Customer
Name Rainier General Development
Address POBox 627
City Rainier State W A ZIP 98576
Phone 360-446-2385
Date
Order No
Rep
FOB
5/15/01
Prairie Wind
Estates
SUB-01-8278- YL
Qty Description Unit Price TOTAL
1 Cosmopolitan Engineering Group Invoice #2001100 $1,483,29 $1,483.29
Engineering Review and Services
SubTotal $1,48329
Payment Details Shipping & Handling $000
0 Cash Taxes WA
0 Check
0 TOTAL $1,483.29
IOffice Use Only
City of Yelm
Community Development Department
POBox 479
Yelm, WA 98597
(360) 458-3835 fax (360) 458-3835
THANK YOU
..
~M~IN~UIN~
G ~ 0 U P
;--- ff'\ 'P" "['TED I
'RE~,_/'L<{~ ' 1
MAY 1 4: 20m
117 South 8th Street
Tacoma. WA 98402
'1- .____'_ ___.::-:=:.~=.:._
Invoice Number' 2001100
Invoice Date: Mav 11. 2001
Invoice
To
City ofYelm
105 Yelm Avenue West
Approved tor Payment:
Date:
Yelm. WA 98597-0479
project
% BARS #
% BARS # _-------
---
Attention. Ms, Cathie Carlson
Project: YLM002
City of Ye1m - Plan Review
Manager James K. D'Aboy
Professional Services for the Period. 4/1/2001 to 4/3012001
Professional Services
Prairie Wind Estates
Bill Hours
Bill Rate
Charge
James K. D'Aboy
Principal/Engineer IV
8,00
110 00
880 00
Prairie Wind Estates Total:
800
$880 00
Professional Services Totals
Total.
$880 00
Prairie Wind Estates
Subconsultants
100
Unit Bill Rate
$603.29000
Charge
$603,29
$603,29
Expense
Huitt-Zollars. Inc.
Bill Units
Subconsultants Totals
Total.
Billing Group 2 Totals:
Billing Group Total
$1 483.29
\..'
..)
----
/- \
RESOLUTION NO. 358>
YELM DEVELOPMENT FEe-SCHEDULE
[All applications are subject to additional professional review
and consultation fees] 1
SUBJECT
APPLICATION FEE
Presubmission Conference 2
No Fee
Annexation Initiating Petition No Fee
"Simple" Annexation
"Complex" Annexation
Appeal 3
Staff Decision
Commission Decision
$ 350.00
$1250.00
$ 50.00
$ 100.00
Binding Site Plan/Site Plan ReviewlDesign Review
Mobile Home Park
Multi-FamilylCondominium
Commercial Site Plan
Industrial Site Plan
Conditional or Special Use/Substantial
Shoreline Development
Home Occupation
Master Plan'
Conceptual Master Plan Approval
Final Master Plan Approval
Ordinance Text Amendment
$ 250.00 + $50.00 space
$ 350.00 + $50.00 per unit
$ 350.00 + $50.00 per 1000 sq.
ft of gross floor area
$ 350.00 + $150 per acre .
$ 500.00
$ 50.00
.~ Plats
Boundary Une Adjustments
Large Lot
Short Plat
Preliminary Full Plat
Final Full Plat
Minor ftJnendment
$1,000.00 + Costs
$1,000.00 + Costs
$ 500.00
$ 750.00 + $25.00 unit
$ 100.00
$ 250.00 + $10.00 per lot
$ 250.00 + $50.00 per lot
$ 750.00 + $25 00 per lot
$ 750.00
$ 350.00
~.~.
1"
: Planned Development District
State Environmental Policy Act (SEPA)
Environmental Checklist
Environmental Impact Statement
Vacation of Plats, Right-of-Way & Easements
Zoning Map Amendment (Rezone)/Shoreline Designation
Transportation Impact Analysis Data
$ 150.00
$1500 00
$ 100.00 plus
$ 250.00 if approved
$ 250 00
$100000
$ 500 00
Variance
1 Engineering services and Legal S€rvices at prevaiflng rates as necessary for review or as requested by applicant eMI Engineering review
at prevailing rates. .
1 Initial Presubmission conference at no charge. Additional assistance requiring engineering and/or legal S€rvices will be billed at prevalung
rates.
3 Appeal fees are subject to up to a 50% refund at the discretion of the final decision-maker upon finding in favor of the appealing party
Fees may be reduced or waived by the City Council upon a finding of general public benefit
Combined multiple applications, exduding environmental review, annexations and TIA Data, submitted concurrently are discounted by
5Q4,.{, for aD fees greater than the highest indMdual fee.
The above fees do not indude construction permits, recording costs and fees of other agencies.
'-
After recordmg return to
Yelm Commumty Schools Dlstnct No 2
POBox 476
Yelm, W A 98597
Attn Erlmg M Birkland
MITIGATION AGREEMENT
Reference No: City of Yelm, Case # SS-00-8250-YL
Grantor
1
1
Raimer General Development
"Praine Winds Estates"
Yelm Commumty Schools Dlstnct No 2
Grantee.
Legal Description'
NEl/4 of NEl/4 of Sec 24, T17N, RIE, WM
Assessor's Property Tax Parcel Number/Account Number' 21724110503,21724110504,
21724110502
,,-r
THIS MITIGATION AGREEMENT ("Agreement") IS made this ]> - of
between the YELM COMMUNITY SCHOOLS DISTRICT NO 2, Yelm, Washmgto
and Raimer General Development, Inc (the "Developer")
RECITALS
A. The Developer has submitted an apphcatlOn to Thurston County for the construction
of a 24 lot subdivision "Prame Wind Estates" along Cullens Rd. SE. Yelm, Wash. (the "ProJect")
The Project IS located on property that hes wlthm Dlstnct boundanes, more particularly described 0 n
Exhibit A, attached hereto and mcorporated herein by reference
B The State Environmental Po hey Act, Chapter 43.21C RCW ("SEPA"), prOVides
processes and procedures whereby major actlOns by state and local agencies, mcludmg, but not
hmlted to, plat or PUD approval or the Issuance of bUlldmg perrruts, may be reviewed to determme
the nature and extent of their Impact on the environment. Impacts on public services, mcludmg
schools, are environmental Impacts for the purposes of SEPA. SEPA reqUlres the mltIgatlOn of
adverse environmental Impacts
C. The Dlstnct's student populatlOn and growth projections mdlcate that the Project will
have an Impact on the Dlstnct, when cumulative Impacts of other projects are conSidered.
D RCW 82 02.020 authonzes the Dlstnct to enter mto a voluntary agreement with the
Developer for payment to mitigate the Impact of the Developer's ProJect.
E Pursuant to ResolutlOn No 12-16-93-05, It IS the policy of the District to recommend
that the direct Impact of development be voluntanly mitigated by the payment of fees and/or other
mltlgatlOn measures where appropnate
F The Developer has agreed to mitigate, on a voluntary basIs, the adverse Impact of the
Project on the Dlstnct.
, 2001,
"DIstnct")
JLtWJIIU '" IItJ U JJ
3352536
P<lge> 1 of 3
G5t'14!2G81 G9 3311
Thl.lr'st on Co I ~lA
-.
AGREEMENT
NOW, THEREFORE, m consIderatIOn of the above recItals and the mutual prormses and
covenants below, the Distnct and the Developer agree as follows
1 The Developer acknowledges and agrees that there IS a dIrect impact on the DIStnCt 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 followmg sum of money One Thousand
Four Hundred Twenty Five Dollars ($1425 00) for each lot m the subdIVIsIOn or the total sum of
ThIrty Four Thousand Two Hundred Fifty dollars ($34,20000) (the "MitIgatIon Payment") for the 24
lots of the subdIVISIon.
3 Any extenSIOn, renewal, modIficatIOn or amendment to the Project that results in an
adjustment m the number of lots shall result In a correspondmg pro rata adjustment in the Mitigation
Payment.
4 The Developer agrees that the payment of the full MitigatIOn Payment (in the amount
of One Thousand Four Hundred Twenty Five dollars ($142500) per lot or ThIrty Four Thousand
Two Hundred Fifty dollars ($34,200 00) for the proJect, shall be a condItIOn of buIldmg permIt
Issuance and shall be made pnor to or at the time of buIlding permIt Issuance for construction on a
lot. Should the Developer sell portIOns of the development to contractors or other mdividuals, the
Developer will be responsible for notlfymg the buyer of thIS mItIgation agreement and will notIfy the
Dlstnct of the sale, provldmg the name and address of the new buyer
5 The Dlstnct agrees to record thIS Agreement after It has been executed by the partIes
6 The Developer acknowledges and agrees that the MitIgatIOn Payment IS authonzed to
be used for capItal improvements to the followmg facIlItIes Southworth Elementary School, Mill
Pond IntermedIate School, Yelm Middle School, and/or Yelm High School and/or any other faC1lItIes
that may be affected by the Project and/or the purchase of portable facIlItIes and/or school buses
7 The Developer agrees that the DIstnct has five (5) years from the payment date to
spend the MitIgatIOn Payment for the capItal improvements or expendItures described III
paragraph 6 In the event that the MitIgatIon Payment IS not expended withm those five years, the
moneys will be refunded wIth mterest at the rate applied to Judgments to the property owners of
record at the tIme of refund, however, If the MitIgatIOn Payment IS not expended wIthin five years
due to delay WhICh IS attributable to the Developer, the Payment shall be refunded WIthout mterest.
8 The Developer waIves and relInqUIshes ItS right to protest or challenge the payment of
the MitIgatIOn Payment pursuant to thIS Agreement and hereby covenants and undertakes that It
forever reframs and deSIsts from mstItutmg, assertuig, filmg or bnnging any laWSUIt, lItigatIOn, claIm,
or challenge or proceedmg t9 challenge thIS Agreement, claIm any repayment or reImbursement of
funds, performance or Improvements proVIded for therem, or any of ItS terms and condItIOns, on any
ground or baSIS whatsoever
9 The Dlstnct hereby WaIves any objectIOn to the Project as presently proposed.
10 The Dlstnct and the Developer agree that the MitIgatIOn Payment will be full and
complete mItIgatIOn for the Impact of the Project as presently proposed on the DIstnct.
11 ThIS Agreement shall be bmding upon and mure to the benefit of the heIrS, executors,
adrmmstrators, 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 m Thurston County Supenor Court. The prevaIlmg 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 wntten or oral shall be null and VOId.
11111I1111111111111111
YELM COMMUN!TY SCHOOLS AGR $10 00
3352536
Page 2 of 3
05/14/2001 09 331
Thur'st on Co i ~.lA
EXHIBIT A
LEGAL DESCRIPTION
General LocatIOn Cullens Rd. SE.. Yelm. Wash.
Section 24 Township 17N Range IE
Land Area NA
Tax Parcel Number' 21724110502,0503,0504
DescnptIon SubdIvlSlon of 24 smgle famlly bUlldmg lots ..
YELM COMMUNITY SCHOOLS DISTRICT NO 2
DATED ~~ q-o \_
O-t~G~
Alan Burke
Supenntendent
By
Its
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
I certIfy that I know or have satisfactory evidence that Alan Burke is the person who appeared
before me, and said person acknowledged that he sIgned thIS instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Supenntendent of the Yelm
Commumty Schools DIstnct No 2 to be the free and voluntary act of such party for the uses and
purposes mentioned m the mstrument. q L..-
",,,'" ~rJt.. ,~n~er my hand and offiCIal seal thIS _ day of m;;;;; , 2001
/ ~\:g..",,[j.~~\\7~j4/.I'l ~/j ~, ~~
~:~,;::tl;n-~~~~~1~~r-J\f.~~O ~ NOTARtyPUB~n andf9r the S~te-ef.
- ::;&'f4&~r~{9!Am::~"1\':;I;'~r~ Washmgton, resldmg at-bfl {hMV---:{)",0
~:7$::;.U)~I'''';'~.:;' ;'!~'~;'.,I}t, _ My CommIssIOn ExpIres J {'lIe; lor-
~ ~~~:~, /.' U~' e"'" ''''\'''1!f' ;;:" I (
; ~> . Ii u l \ ".",;~" ;..;p.".;.",,,,
-""I 7 'iI':~' r. . ;oJ ~:,,/'''-:''':' ~_,,' .
"~--;'~:~.t~'i:G...Q\ ';'\;:4:::::"" RAINIER GENERAL DEVELOPMENT
;3~~1~~~~~~)L
DATED '~":J-"-:" t.f - 0 r
By
Its
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
I certify that I know or have satIsfactory eVIdence that Doug Bloom IS the person who
appeared before me, and smd person acknowledged that he sIgned thIS mstrument, on oath stated that
he was authonzed to execute the instrument and acknowledged it as the appltcant for thIS subdIvlSlon
to be the free and vOl~_'Wll!U!,!..~ uch party for the uses and purposes )l1ntIOned 10 the 1Ostrument.
GIVEN un~~ ~~".licIal seal thIS If day of (?';j , 2001
~i;,'~~~\SSION~'~~~ ~ <--1/1 J2.~
~~..~(J ~..(l"% .-/-L.J::t
~ i:::" AUG ~.. I N TAR PUBLIC in and for - e State of
i*~ 5 E*s Wash1Ogton, residing at 'Je.JYl ;vtO
.~\% 2003 Al II My CommIssIOn ExpIres ') 14 J"')..OOS
A..~-t .A~'..",.. Iii -
~"d.:...oF Wt.t~;...~ ~~
~'74;;y'p\)~~V
. t'4'qlllUlln\U\\\\\~'S
..
II "" "" I "I " " " "
YELM COMMUNITY SCHOOLS AGR $1~ ~~
3352536
P '.1ge- 3 of 3
~5/14/2~~1 09 3:3i1
ThlJf'st on Co) ~jA
FAX TRANSMISSION
CITY OF YELM
COMMUNITY DEVELOPMENT DEPARTMENT
PO BOX 479 - 105 YELM AVE W
YELM W A 98597
(360) 458-3835
FAX: (360) 458-3144
TO:
Eddie True
DATE: MAY 14, 2001
FAX #: 458-1083
PAGES: 15,
including this cover sheet.
FROM: Cathie Carlson
Community Development Director
SUBJECT: Lot Closures for Prairie Winds Estates
COMMENTS:
* * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COpy IS NOT LEGIBLE, PLEASE CALL
(360) 458-3835 AS SOON AS POSSIBLE.
Documentl
Speczalizmg m LID Adm z ntstratzon
REC1'""'< ~ ..('; '?";:. r"",
. . l!l-l 'J IfJ "~ i: ;0
~..t.." ..r.r-.!,~:r
Transmittal
MAY 1 4 2001
)By:
TO
FROM
DATE
RE
Cathie Carlson, Community Development Director
Rick Knopf
May 11, 2001
Segregation Package for Prairie Wind Estates
The following reproducible documents are enclosed for inclusion in the next City Council
agenda package
· City Council Agenda Memorandum
· Application for Segregation of LID Assessment
· Resolution to Segregate LID Assessments
· Exhibit A - Current Parcel Configuration Map
· Exhibit B - Revised Parcel Configuration Map
· Exhibit C Segregation of Assessment
· Exhibit D
RCW 3544410
I will e-mail electronic versions of both the agenda memorandum and the resolution so that
you can edit them or make formatting changes
The new assessments will be recorded on the assessment roll for Utility Local
Improvement District No 1 following adoption of the resolution by City Council
Please provide a copy of the approved resolution to complete our files
Thanks!
17519 NE 137th Street. Redmond, WA 98052-2182 . Tel: (425) 885-1604 . Fax: (425) 885-2103
MEETING OF INCORPORATORS
OF
PRAIRIE WIND ESTATES HOMEOWNERS ASSOCIATION
The fIrst meetmg of the mcorporators of the above-mentIOned asSOCIatIOn was held at
SUIte #6, Nisqually Plaza CommercIal Center, Yelm, Waslungton, on -.f!J1t'l/0 ,
2001
Present at the meetmg were DOUGLAS R. BLOOM, BARRY R. BRlDGES and
BERNARD L. PEREZ,
After dIscussIOn, It was deCIded that the assOCiatIOn shall be named PRAIRIE WIND
ESTATES HOMEOWNERS ASSOCIATION and that RAINIER GENERAL DEVELOPMENT,
INC be appomted as Incorporator and dIrected to fIle the ArtIcles of IncorporatIOn as prepared by
RAINIER GENERAL DEVELOPMENT, INC
DATEDtlus ld
day of
{Vl PI- (,l
[J
,2001
RAINIER GENERAL DEVELOPMENT, INC
CONSENT TO APPOINTMENT
AS
REGISTERED AGENT
Re Prame Wind Estates Homeowners
ASSOCIatIOn
Pursuant to RCW 24 03 050, the undersIgned corporatIOn hereby consents to
serve as regIstered agent m the State of Washmgton for PRAIRIE WIND ESTATES
HOMEOWNERS ASSOCIATION (the "ASSOCIatIOn") SaId regIstered agent
understands that as agent for the ASSOCIatIOn, It IS the CorporatIOn's responsibIlIty to
receIve servIce of process m the name of the ASSOCIatIOn, to forward all maIl to the
ASSOCIatIOn, and to ImmedIately notIfy the Office of the Secretary of State m the event of
the dISsolutIOn of the corporatIOn or of any change m the regIstered agent or regIstered
office address of the ASSOCIatIOn for whIch the corporatIOn IS servmg as regIstered agent.
Dated. /lJ f}-'j- 11"-' "
,2001
RAINIER GENERAL DEVELOPMENT, INC
RegIstered office
103 Rochester St. W
RaImer, W A 98576
MaIlmg address
POBox 627
RaImer, W A 98576
BY -LAWS
OF
PRAIRIE WIND ESTATES HOMEOWNERS ASSOCIATION
ARTICLE I
REGISTERED OFFICE
The name of the corporatIon IS Prame Wind Estates Homeowners AssocIatIOn, hereafter
referred to as the "AssocIatIOn." The regIstered office of the ASSOcIatIOn shall be located at 103
Rochester Street W , RaImer, Washmgton 98576 or at such other locatIOn as may be determmed
by the Board of DIrectors, but meetmgs of members and dIrectors may be held at such places
WIthm the State ofWashmgton, County of Thurston, as may be deSIgnated by the Board of
DIrectors.
ARTICLE II
TERMS
SectIOn 1 "AssocIatIOn" shall mean and refer to PRAIRIE WIND EST A TES
Homeowners ASSOCIatIon, ItS successors and assIgns.
SectIOn 2 "PropertIes" shall mean and refer to that certam real property described m
the DeclaratIOn of Covenants, CondItIons and RestnctIons, and such addItIOns thereto as may
hereafter be brought wlthm the JunsdlctIOn of the ASSOCIatIon.
SectIOn 3 "Common Area" shall mean all real property owned by the ASSOCIatIon
for the common use and enjoyment of the Owners.
SectIOn 4 "Lot" shall mean and refer to any plot of land shown upon any recorded
subdIVIsIOn map of the propertIes WIth the exceptIon of the Common Areas.
SectIOn 5 "Owner" shall mean and refer to the record owner, whether one or more
persons or entItles, of the fee SImple tItle to any Lot whIch IS part ofthe PropertIes, mcludmg
contract purchasers, but excludmg those havmg such mterest merely as secunty for the
performance of an oblIgatIon.
SectIOn 6. "Declarant" shall mean and refer to Ramler General Development, Inc"
theIr successors and assIgns, If such successors or assIgns should acqUIre more than one
undeveloped Lot from the Declarant for the purpose of development.
SectIOn 7. "DeclaratIOn" shall mean and refer to the DeclaratIOn of Covenants,
CondItIOns and RestnctIOns applIcable to the PropertIes.
SectIon 8 "Member" shall mean and refer to those persons entItled to membershIp as
prOVIded m the DeclaratIOn.
ARTICLE III
MEETING OF MEMBERS
SectIOn 1. - Annual Meetmgs The first annual meetmg of the Members shall be held
wlthm one (1) year from the date ofmcorporatIOn of the ASSOCIatIOn and each subsequent
regular annual meetmg of the Members shall be held dunng the same calendar month of each
year thereafter, on such day and hour as may be determmed by the Board of DIrectors,
SectIOn 2, - SpecIal Meetmgs SpecIal meetmgs ofthe Members may be called at any
tIme by the PreSIdent, Treasurer or by two Members of the Board of DIrectors, or upon wntten
request of the Members who are entItled to vote ten percent (10%) of all the votes of the Class A
MembershIp
SectIOn 3. - NotIce ofMeetmgs. NotIce and conduct ofmeetmg shall be as prOVIded m
RCW 64 38 035
SectIOn 4 - Quorum. A quorum shall be as prOVIded m RWC 64 38040 If, however,
such quorum shall not be present or represented at any meetmg, the Members entItled to vote
attendmg shall have the power to adjourn the meetmg from tIme to tIme, wIthout notIce other
than the announcement at the meetmg, untIl a quorum as proVIded shall be present or be
represented.
SectIOn 5, - PrOXIes. At all meetmgs of Members each Member may vote m person or by
proxy All prOXIes shall be m wntmg and filed wIth the Secretary Every proxy shall be
revocable and shall automatIcally cease upon conveyance by the Member on hIs Lot.
2
ARTICLE IV
BOARD OF DIRECTORS: SELECTION & TERM OF OFFICE
SectIOn 1. - Number The affaIrs oftms AssOcIatIOn shall be managed by a Board of
five (5) DIrectors, who are Members of the AssocIatIOn or desIgnated by Declarant.
SectIon 2. - Term of Office At the first annual meetmg the Members shall elect two (2)
DIrectors for a term of one (1) year, two (2) DIrectors for a term of two (2) years and one (1)
DIrector for a term ofthree (3) years, and at such annual meetmg thereafter the Members shall
elect one (1) DIrector for a term of three (3) years for each DIrector whose term of office expIres
at such tIme
SectIOn 3. - Removal. Any DIrector may be rerpoved from the Board, wIth or wIthout
cause by a maJonty vote ofthe Members of the AssocIatIOn at a meetmg at WhICh a quorum IS
present. In the event of death, resIgnatIOn or removal of a DIrector, hIS successor shall be
selected by the remammg Members of the Board and shall serve for the unexpIred term ofms
predecessor
SectIOn 4. - CompensatIOn. No DIrector shall receIve compensatIOn for any servIce he
may render to the ASSOCiatIOn.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
SectIOn 1. - NommatIOn. NommatIOn for electIOn to the Board of DIrectors shall be
made by a Nommatmg Comrmttee NommatIOns may also be made from the floor at the annual
meetmg. The Nommatmg CommIttee shall conSIst of a Chairman, who shall be a Member of the
Board of DIrectors, and two or more Members of the AssocIatIOn. The Nommatmg CommIttee
shall be appomted by the Board of DIrectors pnor to each annual meetmg of the Members, to
serve from the close of such annual meetmg and such appomtment shall be announced at each
annual meetmg. The Nommatmg CommIttee shall make as many nommatIOns for electIOn to the
Board of DIrectors as It shall m ItS dIscretIOn determme, but not less than the number of
vacanCIes that are to be filled. Such nommatIOn may be made from among Members or non-
Members,
SectIOn 2. - ElectIOn. ElectIOn to Board of DIrectors shall be by secret wntten ballot. At
such electIOn the Members or theIr proXIes may cast, m respect to each vacancy, as many votes
as they are entItled to exerCIse under the prOVIsIOn of the DeclaratIOn. The persons receIvmg the
largest number of votes shall be elected. CumulatIve votmg IS not permItted.
3
ARTICLE VI
MEETING OF DIRECTORS
SectIOn 1. - Regular Meetmgs. Regular meetmgs of the Board of DIrectors shall be held
every other month WIthout notIce, at such place and hour as may be fixed from tIme to tIme by
resolutIon of the board. Should SaId meetmg fall upon a legal holIday, then that meetmg shall be
held at the same tIme on the next day WhICh IS not a legal holIday
SectIOn 2. - SpecIal Meetmg. SpecIal meetmgs ofthe Board of DIrectors shall be held
when called by the PresIdent or Secretary of the AssocIatIOn, or by any two dIrectors, after not
less than three (3) days notIce to each DIrector
SectIOn 3. - Quorum. A maJonty of the number of DIrectors shall constItute a quorum
for the transactIOn of bus mess Every act or declSlon done or made by a maJonty of the
DIrectors present at a duly held meetmg at WhICh a quorum IS present shall be regarded as the act
of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
SectIOn 1, - Powers The Board of DIrectors shall have power to
(a) adopt and publIsh rules and regulatIOns govermng the use of the Common
Area and faCIlItIes, and the personal conduct of the Members and theIr guests thereon, and to
establIsh penaltIes,
(b) suspend the votmg nghts of a Member dunng any penod m WhICh such
Member shall be m default m the payment of any assessment leVIed by the AssocIatIOn. Such
nghts may also be suspended after notIce and heanng, for a penod not to exceed SIxty (60) days,
for mfractIOn of publIshed rules and regulatIOns,
(c) exerCIse for the AssocIatIOn all powers, dutIes and authonty vested m or
delegated to thIS AssocIatIOn and not reserved to the membershIp by other prOVIsIOns of these
By-Laws, the ArtIcles of IncorporatIOn or by DeclaratIOn,
(d) declare the office of a Member of the Board of DIrectors to be vacant m
the event such Member shall be absent from three (3) consecutIve regular meetmgs of the Board
of DIrectors, and
4
(e) employ a manager, bookkeeper, accountant or an mdependent contractor,
or such other employees as they deem necessary, and to prescribe theIr dutIes.
SectIOn 2 - DutIes. It shall be the du.ty ofthe Board of DIrectors to
(a) keep a complete record of all ItS acts and corporate affalrs and to present a
statement thereof to the Members at the annual meetmg of the Members, or at any specIal
meetmg:
(b) supervIse officers, agents and employees of thIS AssocIatIOn, and to see
that theIr dutIes are properly performed,
(a) appomt an ArchItectural Control CommIttee;
(b) as more fully provIded m the DeclaratIOn, to,
(1) fix the amount of the annual assessment agamst each Lot at least
thIrty (30) days m advance of each annual assessment penod, and provIde for a meetmg as
reqUIred by RCW 64.38025,
(2) send wntten notIce of each assessment to every Owner subject
thereto at least thIrty (30) days m advance of each annual assessment penod, and
(3) foreclose the lIen agamst any property for WhICh assessments are
not pald wIthm thIrty (30) days after due date or to bnng an actIOn at law agamst the Owner
personally oblIgated to pay the same,
(e) Issue, or to cause an appropnate officer to Issue, upon demand by any
person, a certIficate settmg forth whether or not any assessment has been pald. A reasonable
charge may be made by the Board for the Issuance of these certIficates. If a certIficate states an
assessment has been pald, such certIficate shall be conclusIve eVIdence of such payment.
(f) procure and mamtam adequate lIabIlIty and hazard msurance on property
owned by the AssocIatIOn,
(g) cause all officers or employees havmg fiscal responsibIlItIes to be bonded,
as It may deem appropnate; and
(h) cause the Common Area to be mamtamed and to comply WIth the
ReSIdentIal Agreement To Mamtam Stormwater FaCIlItIes and Street LIghtS.
5
ARTICLE VIII
OFFICERS AND THEIR DUTIES
SectIOn 1. - EnumeratIOn of Officers. The officers of thIS ASSOcIatIOn shall be a
PresIdent and VIce-PresIdent, who shall at all tlmes be Members of the Board of DIrectors, a
Secretary, and a Treasurer, and such other officers as the Board may, from tlme to tlme by
resolutIOn create
SectIOn 2. - ElectIOn of Officers. The electlon of officers shall take place at the first
meetmg of the Board of DIrectors followmg each annual meetmg of the Members.
SectIOn 3. - Term, The officers oftrus AssocIatIOn shall be elected annually by the
Board and each shall hold office for one (1) year unless he shall sooner resIgn, or shall be
removed, or otherwIse dIsqualIfied to serve.
SectIOn 4. - SpecIal Appomtments. The Board may elect such other officers as the
affaIrs of the AssocIatIOn may reqUlre, each of whom shall hold office for such penod, have such
authonty, and perform such dutles as the Board may, from tlme to tlme, determme.
Sectlon 5. - ResIgnatIOn and Removal. Any officer may be removed from office wIth or
wIthout cause by the Board. Any officer may resIgn at any tlme by gIVmg wntten notIce to the
Board, the PresIdent or Secretary Such resIgnatIOn shall take effect on the date of receIpt of
such notIce or at any later tlme specIfied therem, and unless otherwIse specIfied therem, the
acceptance of such resIgnatIOn shall not be necessary to make It effectlve
SectIOn 6. - VacanCIes. A vacancy m any office may be filled by appomtment by the
Board. The officer appomted to such vacancy shall serve for the remamder of the term of the
officer he replaces.
SectIOn 7. - MultIple Offices The offices of Secretary and Treasurer may be held by the
same person. No person shall sImultaneously hold more than one of any of the other offices
except m the case of speCIal offices created pursuant to SectIOn 4 OfthIS ArtIcle
SectIOn 8. - DutIes The dutles of the officers are as follows
(a) PresIdent: The PresIdent shall presIde at all meetmgs of the Board of
DIrectors, shall see that order and resolutIOns of the Board are carned out, shall SIgn all leases,
mortgages, deeds, and other wntten mstruments and shall CO-SIgn all checks and promIssory
notes.
(b) VIce-PreSIdent. The VIce-PresIdent shall act m the place and stead of the
PresIdent m the event of hIS absence, mabIlIty or refusal to act, and shall exerCIse and dIscharge
such other dutles as may be reqUlred of hIm by the Board. In the absence of the Treasurer, the
6
Vice-PreSIdent may CO-SIgn WIth the PresIdent, documents necessary to be sIgned by the
Treasurer
(c) Secretary" The Secretary shall record the votes and keep the mmutes and
proceedmgs of the Board of the Members, keep the corporate seal ofthe ASSOCIatIOn and affix It
on all papers requmng SaId deal, serve notIce ofmeetmg of the Board and of the Members, keep
appropnate current records showmg the members of the ASSOCIatIOn together WIth therr
addresses, and shall perform such other dutIes as reqUIred by the Board.
(d) Treasurer The treasurer shall receIve and depOSIt m appropnate bank
accounts all momes of the ASSOCIatIOn and shall dIsburse such funds as dIrected by resolutIOn of
the Board of DIrectors, shall SIgn all checks and promISSOry notes and other debt documents to
mamtam the finanCIal status of the ASSOCIatIOn, keep proper books of account; cause an annual
audIt of the ASSOCIatIOn books at the completIon of each fiscal year, and shall prepare an annual
budget and a statement of mcome and expendItures to be presented to the membershIp at ItS
regular annual meetmg, and delIver a copy of each to the Members and shall comply WIth RCW
64 38 045
(e) The PreSIdent and VIce-PresIdent shall prepare, execute, certIfy and record
amendments to the govemmg documents or documents necessary to be recorded m Thurston
County on behalf of the ASSOCIatIOn.
ARTICLE IX
COMMITTEES
The Board of DIrectors of the ASSOCIatIOn shall appomt an ArchItectural Control
Comrmttee, as prOVIded m the DeclaratIOn, and a Nommatmg CommIttee, as prOVIded m these
By-Laws. In addItIOn, the Board of DIrectors shall appomt other commIttees as deemed
appropnate m carrymg out ItS purpose
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the ASSOCIatIOn shall, at all tImes be kept as prOVIded m
RCW 64.38045, at reasonable busmess hours and shall be subject to mspectIOn by any Member
The DeclaratIOn, the ArtIcles of IncorporatIon and the By-Laws of the ASSOCIatIOn shall be
aVaIlable to any Member at the pnnclpal office of the ASSOCIatIOn, where copIes may be
purchased at reasonable cost.
7
ARTICLE XI
ASSESSMENTS
As more fully provIded m the DeclaratlOn, each Member IS oblIgated to pay to the
AssocIatlOn annual and specIal assessments whIch are secured by a contmumg lIen upon the
property agamst whIch the assessments are made. Any assessments whIch are not paid when due
shall be delmquent. If the assessment IS not paid wlthm thIrty (30) days after the due date, the
assessment shall bear mterest from the date of delmquency at the rate of twelve (12) percent per
annum, and the AssociatIon may bnng an actlOn at law agamst the Owner personally oblIgated to
pay the same or foreclose the lIen agamst the property Interest, cost, and reasonable attorney's
fees of any such actlOn shall be added to the amount of such assessment. No owner may Waiver
or otherwIse escape lIabIlIty for the assessments prOVIded for herem by non-use of the Common
Area or abandonment of hIs Lot. The lIen of the assessments prOVIded for herem shall be
subordmate to lIen of any first mortgage Sale or transfer of any lot pursuant to a mortgage
foreclosure or any proceedmg m lIeu thereof, shall extmgUIsh the lIen and such assessments as to
payments whIch become due pnor to such sale or transfer No sale or transfer shall relIeve such
lot from lIabIlIty for any assessments thereafter becommg due or from the lIen thereof.
ARTICLE XII
CORPORATE SEAL
The AssoclatlOn shall have a seal m CIrcular form havmg wIthm Its cIrcumference the
words "Prame Wind Estates Homeowners ASSOCIatlOn."
ARTICLE XIII
MISCELLANEOUS
The fiscal year of the AssoclatlOn shall begm on the first day of January and end on the
315t day of December of every year, except that the first fiscal year shall begm on the date of
mcorporatlOn.
ARTICLE XIV
AMENDMENTS
SectlOn 1 These By-Laws may be amended at a regular or specIal meetmg of the
Members, or by a vote of a maJonty of a quorum of Members present m person or by proxy
8
SectIOn 2 In the case of any conflIct between the ArtIcles of IncorporatIOn and these
By-Laws, the ArtIcles shall control, and m the case of any conflIct between the DeclaratIOn and
these By-Laws, the DeclaratIOn shall control.
IN WITNESS WHEREOF, for the purpose of formmg tills corporatIOn under the laws of
the State ofWasillngton. We the undersIgned, constItutmg the mcorporator of thIS ASsOcIatIOn,
Have executed these ArtIcles of IncorporatIon thIS 1/ day of jYJ ;4'1 20 ~ (
'1 . Bloom (DIrector)
Ra I r General Development, Inc
.
PresIdent
{d
Barry . Bndges (DIrector)
RaImer General Development, Inc
Chairman
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On the J I day of !1~ 200-1-, before me, a Notary PublIc
In and for the State ofWashmgton, duly co IssIOned and sworn, personally appeared
J)OLl.3 \a..s R, ~ )00 m To me known to be the JvP s:d e.-v\ +
(TITLE(S) of IJ\. e.. eue-/o Me.~d D.\ (CORPORATE NAME) and
acknowledged the said Instrument to be the free an voluntary act and deed of said corporatIOn,
for the uses and purposes therem mentIOned, and on oath stated that he IS authonzed to execute
the said Instrument and that the seal affixed (If any) IS the corporate seal of said corporatIOn.
WITNESS my ha~nd offiCIal seal the day and year first-above wntten.
~~~~ Immmljh1q~
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i <<:?: :;,,:-<:!) , '"~ \ N ary P~lIc m and for the ~
~ - , :! State ofWashmgton, resldmg m
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STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On the J' day of J1. ~ 200~, before me, a Notary Pubhc
m and for the State ofWashmgton, duly co IssIOned and sworn, personally appeared
~ ~axr r R. ~ r ; c4Je.5- To me known to be the ~ h C1JL ~l: IYl Q,.ll\
(TITLE(S) of ~lV\le-( G"'H"Xa..\ 1kVJO~M.J- I..JcORPORATE NAME) and
acknowledged the said mstrument to be the free an voluntary act and deed of said corporatIOn,
for the uses and purposes therem mentIOned, and on oath stated that he IS authonzed to execute
the said mstrument and that the seal affixed (If any) IS the corporate seal of said corporatIOn.
WITNESS ~I"lf/~clal seal the day and year first-above wntten.
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City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Transmittal Letter
To: Rick Knopf
Date: :May 7.2001
Company: Public Fiance Inc.
Re: LID Segregation
Address: 17519 NE 137th S1.
File No.
City, St Zip Redmond. WA 98052-2182
Name:
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 i
I I
!
i
I I
I
Remarks Enclosed IS the applIcatIOn for the LID segregatIOn for Raimer General Development,
Inc., Tax parcel 21724110503 He is subdIvIdmg the parcel into 24 lots, however there are only
20 ERU assessments on the parent parcel. He would like to have the 20 ERU's aSSIgned to Lots
1 - 4 and 9 - 24 I have receIpted m $4900 49 for the delmquent mstallment and $1350 00 for the
segregatIOn applIcation. As we dIscussed, I will need the staff report and resolutIOn by
Wednesday, May 16 for the CIty Council maIlmg, If you have any questIOns please contact me at
(360) 458-8408
SIgned CathIe Carlson
Commumty Development DIrector
cc Shellv Badger
"\
CITY OF YELM
APPLICATION TO SEGREGATE LID ASSESSMENT
PLEASE COMPLETE AND
RETURN THIS FORM TO
City of Yelm, Planning Department
105 Yelm Ave W, Yelm, WA 98597
Property Owner'
Mailing Address
City, State & Zip
Telephone
~cu/7Jc~r C;(flt~;,.-!
.
PO ?x!x Ip L '7
(~iLl ill f_Y Wff
( 3&0 ) 41-(P-
Uti/ejo/J/r2f?dr hvL
/
CjgS-7~
Assessment
Amount
& ~ 00
Number
of ERUs
C.UL
per Lo-r
(If additional space is required, please attach the requested information on a separate sheet)
The undersigned holds an ownership interest in the above referenced parcel(s) located within a local
improvement district in the City of Yelm, Thurston County, Washington
2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in
accordance with the new property configuration
3 This application for segregation of assessment is made under the provisions of 9 35 44 410 of the
Revised Code of Washington.
Applicant (please print)
~U(j ! fts R i3l c~ rvJ
-f.-&v
Signature
Date
~-7 -0/
ASSESSMENT SEGREGATION FEE
A segregation fee is due per 935 44 410 of the Revised Code of Washington as a condition of final
map approval The fee for less than 6 new parcels is S850 For segregation requests resulting in 6 or
more new parcels, the fee is S1 ,000 plus $25 for each parcel over 10 parcels Please include
payment with this completed form Questions may be directed to Public Finance at (425) 885-1604
DATE J!1/0 (
BY ~
I CITY USE RECEIPT # Id 117
INSTRUCTIONS FOR SEGREGATION APPLICATION
Please print or type all inrormation requested on this form
2. Enter the property owner, mailing address and .telephone inrormation in the spaces provided,
3 Enter the Thurston County tax parcel number(s) for the parcels to be segregated and original
assessment amount if known If additional space is required, please attach the requested
information on a separate sheet.
4 Enter the description for each new parcel and the number or ERUs to be assigned to each parcel
If additional space is required, please attach the requested information on a separate sheet.
5. Sign and date the application in the spaces provided.
6 Return the completed application to the City of Yelm Planning Department along with the required
segregation fee. The fee for less than 6 new parcels is $850 For segregation requests resulting
in 6 or more parcels, the fee is $1,000 plus $25 for every parcel over 10 parcels.
7 Please direct any questions to Public Finance at (425) 885-1604
RCW 35.44.410 Segregation of assessments.
Whenever any land against which there has been levied any specIal assessment by any CIty or
town shall have been sold m part or subdivided, the legislatIve authonty of that city or town shall have
the power to order a segregation of the assessment.
Any person desmng to have such a speCial assessment agamst a tract of land segregated to
apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the
legislative authority thereof deterrrunes that a segregatlOn should be made, It shall by resolutlOn order
the city or town treasurer to make segregatlOn on the ongmal assessment roll as directed m the
resolutlOn. The segregation shall be made as nearly as possible on the same baSIS as the ongmal
assessment was leVied, and the total of the segregated parts of the assessment shall equal the
assessment before segregation The resolutIOn shall descnbe the ongmal tract, the amount and date of
the ongmal assessment. and shall define the boundanes of the diVided parts and the amount of the
assessment chargeable to each part. A certified copy of the resolutIOn shall be delivered to the city or
town treasurer who shall proceed to make the segregatIon ordered upon bemg tendered a fee of ten
dollars for each tract of land for which a segregatIon IS to be made In additIon to such charge the
legislatIve authorIty of the cIty or town may require as a conditIon to the order of segregation that the
person seek.mg It pay the city or town the reasonable engmeerIng and clencal costs mCldent to mak.mg
the segregation No segregatIon need be made If the legislative authonty of the city or town shall find
that by such segregation the securIty of the lIen for such assessment wIll be so JeopardIzed as to
reduce the securIty for any outstanding local Improvement dlstnct obligatIons payable from such
assessment [1969 ex s c 258 * 10 J
From 425-885-2103
to 360-458-3144
at 05/07/2001 10.54 AM
Pg 00':./002
CITY OF YELM
Utlltty Local Improvement DIstrIct No.1
ASSESSMENT INFORMATION
Account Number 01-048
Property Owner Rainier General Dev Ine
Parcel DesCrIption See 24-17-1E
Tax Parcel Number 21724110503
Assessment $36,463.00
Principal Balance $36,463.00
Interest Rate 6.20%
Term (years) 15
DELINQUENT INSTAllMENTS
Due Date
Installment
Principal
Interest
Penalties
Total Due
10/15/2000
2,43087
2 161 61
308 01
4.90049
PRE-PAYMENT QUOTE
Principal Balance
Next Interest Payment
Delinquent Interest
Penalties I Costs
$36,46300
2,26071
2,16161
308 01
Please remit payment to
City of Yelm / LID Administration
PO Box 479
Yelm WA 98567
PAYMENT IN FULL.
$41 ,193 33
Quote valid for May 7, 2001
TiltS quote IS valid O/lly tilroClg/l /lIe dale IlldJC81ed To perm8/leJl/ly remove /IllS "eJlalld avoid a/l fulure JJlterest cl)arges. please pay
the amount shown above as Payment m FuJI Questrons should be dIrected to Public Fmance at (425) 885.1604
.............AA~"~V~~'7<<;M,"^vMxt'.~:2;rf'~\.~'~......~ };:.. ~,...~~
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From 425-885-2103
to 360-458-3144
at 05/07/2001 10:54 AM Pg 002/002
CITY OF YELM
UtIlity Local Improvement DIstrict No.1
ASSESSMENT INFORMATION
Account Number 01-048
Property Owner Rainier General Dev Ine
Parcel Descnptlon See 24-17-1E
Tax Parcel Number 21724110503
Assessment $36,463,00
Principal Balance $36,463,00
Interest Rate 6.20%
Term (years) 15
DELINQUENT INSTALLMENTS
Due D.3te
Inst.31/ment
Princip.31
Interest
Pen.3lties
Tot.31 Due
10/15/2000
2,43087
2,16161
308 01
4,90049
PRE-PAYMENT QUOTE
Principal Balance
Next Interest Payment
Delinquent Interest
Penalties / Costs
$36,46300
2,26071
2,16161
308 01
Please remit payment to
City of Yelm / LID Administration
PO Box 479
Yelm, WA 98567
PAYMENT IN FULL
$41.19333
Quote valid for May 7. 2001
Tills quote IS valid only through tile dale IIldlcated To permanently remove tillS. lien and avoid all (u/ure I/lteresl cllarges. please pay
the amount shown above as Payment m Full Questions should be dIrected 10 Public Fmance at (425) 885.1604
From 425-885-2103
to 360-458-3144
at 05/07/2001 10 54 AM Pg 001/002
..
..
PUBLIC FINANCE INC.
17519 HE 137th Sf
Redmond, WA 98052-2182
Phone: 425-885-1604
Fax' 425-885-2103
To. Cathie Carlson, City of Yelm
From. Rick M Knopf
Date. 05/07/2001
Pages: 2
Here is the LID statement you requested for Rainier General Development Inc
Additional late penalties will accrue at $1 51 per day
AFTER RECORDING RETURN TO
RaImer General Development, Inc , Inc
POBox 627
RaImer, Washmgton 98576
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
The land Referred To Herem Is SItuated In The State OfWashmgton, CIty OfYelm, County of
Thurston And Is Described As Follows
Lots 1 to 24 and Tracts A, Band C ofPrame Wind Estates, as recorded m
The office of the Turston County AudItor on _ day of 20_,
Under Thurston County AudItor's FIle No
THIS DECLARATION IS MADE THIS '3 ?fl DAY OF jY1 fr,<f , 20 ~
by RAINIER GENERAL DEVELOPMENT, INC, A Washmgton Profit corporatIOn,
HEREINAFTER REFERRED TO AS "DECLARANT"
WITNESSETH
Whereas, Declarants are the owners of certam real property m The CIty of Yelm, Lots
1 to 24 and Tracts A, Band C ofPrame Wind Estates, as recorded under Thurston County
AudItor's FIle No m Thurston County, Washmgton. Lots 1 through 24 and
the common areas, A, Band C of Prame Wind Estates as recorded m the office of the Thurston
County AudItor on day of 20_ under Thurston County AudItor's
FIle No (hereafter referred to as "the property" or "propertIes"), and
WHEREAS, Declarants wIll convey certam of the SaId propertIes, subject to certam
protectIve covenants, condItIOns and restnctIOns, reservatIOns, hens and charges as hereafter set
forth.
NOW, THEREFORE, Declarants hereby declares that the propertIes described m
ARTICLE II hereof shall be held, sold, conveyed, subject to the followmg easements,
restnctIOns, reservatIOns, charges, hens, covenants, and condItions, all of WhICh are for the
purpose of enhancmg and protectmg the value, desIrabIhty and attractiveness of the property
These easements, restnctIOns, reservatIOns, charges, hens, covenants, and condItions shall run
WIth the real property and shall be bmdmg on all partIes havmg or acqmnng any nght, title or
mterest herem and/or on all partIes havmg or acqumng any part thereof, and shall mure to the
benefit of each owner thereof.
ARTICLE I
DEFINITIONS
SectIOn 1 "Association" shall mean and refer to Prame Winds Estates Homeowners
ASSOCiatIOn, a Washmgton non-profit corporatIOn, ItS successors and assIgns.
Section 2 "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee sImple tItle to any Lot whIch IS part ofthe PropertIes, mcludmg
contract purchasers, but excludmg those havmg such mterest merely as securIty for the
performance of an oblIgatIOn.
SectIOn 3 "PropertIes" shall mean and refer to that certam real property herem after
described, and such addItions thereto as may hereafter be brought wIthm the JUrISdIctIOn ofthe
AssocIatIOn.
SectIOn 4, "Common Area" shall mean all real property mcludmg the Improvements
thereto owned by the ASSOCiatIOn for the common use and enjoyment of the owners, The
Common Area to be owned by the AssOcIatIOn at the time ofthe conveyance ofthe first lot IS
described as follows Tract A, Band C Prame Wind Estates.
SectIOn 5 "Lot" shall mean and refer to any of the mdIvIduallots shown upon the
recorded subdIVIsIOn map of the PropertIes WIth the exception of the Common Areas.
Section 6 "Declarant" shall mean and refer to Raimer General Development, Inc , ItS
successors or assIgns who should acqUIre more than one undeveloped Lot from the Declarant for
the purpose of development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property whIch IS, and shall be, held, transferred, sold, conveyed and occupIed
subj ect to thIS declaration IS located m, Yelm, Washmgton, as IS described as follows
LOTS 1 TO 24 AND TRACTS A, B AND C OF PRAIRIE WIND ESTATES, AS
RECORDED UNDER AUDITOR'S FILE NO IN THURSTON COUNTY,
WASHINGTON
2
ARTICLE III
GENERAL PROTECTIVE COVENANTS
SectIOn 1, ResIdentIal Character of Property No structure or bUIldmgs of any kmd
shall be erected, altered, placed or permItted to remam on any resIdentIal lot other than a
resIdentIal dwelhng, not to exceed two stones m heIght, wIth a pnvate garage or carport for not
less than one (1) or more than three (3) standard SIze passenger automobIles and one recreatIonal
vehIcle, each lot shall provIde at least two (2) off street parkmg spaces mcludmg the garage,
carport or dnveway Dunng constructIon of a resIdential structure, a constructIOn office and
constructIOn matenals may be mamtamed, by the buIlder, on a resIdentIal lot. Also, fences m
comphance wIth SectIOn 7 and SectIOn 8 herem, and outbUIldmgs that servIce a resIdential
structure that are m comphance wIth SectIOn 4 herem, are allowed.
SectIOn 2. Busmess and CommercIal Use of Pro pert v ProhibIted. No trade, craft,
busmess, professIOn, commercIal or manufactunng enterpnse of bus mess or commercIal actIvIty
of any kmd shall be conducted or carned on upon any resIdentIal lot, or wIthm any bUIldmg
located on a resIdentIal lot, unless said actIvIty be m comphance WIth CIty ofYelm's Ordmances
or CondItIOnal Use PermIt, nor shall any goods, eqUIpment, trailers of any descnptIOn, or
matenals or supphes used m connectIOn WIth any trade, servIce, or busmess, wherever the same
may be conducted, be kept, parked, stored, dIsmantled or repaired upon any resIdentIal lot unless
said goods, eqUIpment, traIlers, matenals or supphes be enclosed or screened m such a manner
(and m accordance WIth SectIOn 8 herem below) that the same are not easIly VIsible from any
street or any other lot m the plat, except for constructIon matenals and a constructIOn office for
resIdentIal constructIOn as described m SectIOn 1, nor shall anythmg be done on any resIdentIal
lot whIch may be or may become an annoyance or nUIsance to the neIghborhood. None of the
actIvItIes described m SectIOn 2 herem shall be permItted on any street, sIdewalk or other pubhc
area.
SectIOn 3. AutomobIles, Boats, Trucks, Trailers, RecreatIOnal VehIcles,
The streets wIthm the plat shall not be used for overnIght parkmg of any vehIcles other than
pnvate automobIles, ThIS covenant specIfically prohibIts the street storage of automobIles,
boats, trucks, trailers or recreatIonal vehIcles
No owner of any resIdentIal lot shall permIt any vehIcle owned by such lot owner, any
member ofthe lot owner's famIly or any guest or acquamtance No mVItee shall be parked upon
any street or upon any lot wIthm the property for a penod m excess of forty-eIght (48) hours
where such vehIcle IS non-operatIOnal, m repair or abandoned unless such vehIcle IS on a lot and
enclosed m a garage or outbUIldmg, or screened by a fence (in accordance WIth SectIOn 8) m
such a manner that It IS not easily VIsible from any street or any other lot m the plat.
SectIOn 4. ReSIdentIal uses of Temporary Structures ProhibIted, No trailer, tent,
shack, garage, barn or other outbUIldmgs or any structure of any temporary character erected or
placed on the property shall at any tIme be used as a reSIdence eIther temporanly or permanently
3
SectIOn 5. AnImals. No anImals, lIvestock, or poultry of any kmd shall be raIsed,
bred, or kept on any lot. Cats, dogs, bIrds or other household pets may be kept If they are not
kept, bred or mamtamed for any commercIal purpose, provIded however, that they shall not be
kept m numbers or under condItIons so as to become a hazard to health, safety and/or the qUIet
enjoyment of any lot subject to thIS declaratIOn.
Any kennel or dog run must be screened from VIew of the street. Any dogs must be kept
so as to mmImIze exceSSIve nOIse from barkmg or they shall be consIdered a nUIsance accordmg
to the terms of the covenants,
SectIOn 6. Mortgage Protected, Nothmg herem contamed shall ImpaIr or defeat the
lIen of any mortgage or deed of trust now or hereafter recorded covenng any lot or lots, TItle to
any property obtamed as a result of any foreclosure proceedmg shall specIfically be held subject
to all of the provlSlons herem,
SectIOn 7. BUI1dmg Setback. No bUI1dmg or detached structure (wIth the exceptIOn
of fences as described m SectIon 8 of thIS document) shall be located on any resIdentIa110t
nearer to the front lIne than the mId pomt ofthe house, nor nearer than ten (10) feet to the rear lot
1me
SectIOn 8, Fence ReqUIrements, Fences shall not exceed SIX (6) feet m heIght.
Fences shall be well constructed of sUItable fencmg matena1s and shall be artIstIc m desIgn and
shall be m archItectural harmony wIth the bUI1dmgs and fences of adjacent lots. Any cham 1mk
fence shall be allowed around the dramage ponds.
No fence, wall or hedge over three (3) feet m heIght shall be erected, placed or altered on
any lot nearer to any street than the bUI1dmg setback lIne, except that nothmg shall prevent the
erectIon of a necessary retammg wall, the top of whIch does not extend more than two feet above
the finIshed grade at the back of saId wall. All fences shall also meet the reqUIrements of SectIon
14 and 15 where necessary
SectIOn 9, Easements. Easements for utIlItIes, dramage, and access are reserved as
de1meated on the recorded plat map
Withm these easements, no structure, p1antmg or other matena1 shall be placed or
permItted to remam whIch may damage or mterfere WIth the mstallatIOn and mamtenance of
utIlItIes, or whIch may change the dIrectIOn of flow of dramage channels m the easements, or
whIch may obstruct or retard the flow of water through dramage channels m the easements, The
easement area of each lot and all Improvements m It shall be mamtamed contmuous1y by the
owner of the lot, except for those Improvements for whIch a publIc authonty or utIlIty company
IS responsible
SectIOn 10, SIgnS No SIgn of any kmd shall be dIsplayed to the publIc VIew on any
lot except professIOnally produced SIgnS that total not more than 3 feet square, advertlSlng the
property for sale or rent, SIgnS used by a bUIlder to advertIse the property dunng the constructIOn
and sales penod are permItted. SIgnS of a polItIcal nature may be dIsplayed from 30 days pnor
to any electIOn or pnmary electIOn day and 30 days followmg electIOn or pnmary electIOn day
4
SectiOn 11. 011 and Mimng OperatiOns. No 011 dnllmg, 011 development operatiOns,
011 refimng, quarrymg or mmmg operatiOn of any kmd shall be permItted upon or m any lot, nor
shall 011 wells, tanks, tunnels, mmeral excavatiOns or shafts be permItted upon or m any lot. No
dernck or other structure desIgned for use m bonng for 011, natural gas or water shall be erected,
mamtamed or permItted upon any lot.
SectiOn 12,
any lot.
Water Supply No mdIvIdual water supply system shall be permItted on
SectIOn 13, SIght DIstance at IntersectIon. No fence, wall, hedge or shrub plantmg
WhICh obstructs SIght hnes at elevatiOns between two (2) and SIX (6) feet above the roadways
shall be placed or permItted to remam on any comer lot wIthm the tnangular area formed by the
street property lmes and a lme connectmg them at pomts twenty-five (25) feet from the
mtersectIon of the street hnes, or m the case of a rounded property comer, from the mtersectiOn
of the street property lmes extended, The same sIght-lme hmItatiOns shall apply on any lot
wIthm ten (10) feet from the mtersectiOn of a street property hne WIth the edge of a dnveway or
alley pavement. No trees shall be permItted to remam wIthm such dIstances of such mtersectiOns
unless the fohage lme IS mamtamed at sufficIent heIght to prevent obstructiOn of such SIght hnes,
SectIon 14. Garbage and Refuse DIsposal. No lot open space or tract shall be used
as a dump for trash or rubbIsh of any kmd, All garbage and other waste shall be kept m
appropnate contamers for proper dIsposal. Yard rakmgs, such as rocks, lawn and shrubbery
chppmgs, and dIrt and other matenal resultmg from landscapmg work shall not be dumped mto
or upon pubhc streets, dItches or the adjacent property The removal and proper dIsposal of all
such matenals shall be the sole responsibIhty of the mdIvIduallot owner All contamers for the
storage of dIsposal of such matenal shall be kept m a clean and samtary condItiOn.
SectiOn 15. Dwellmg SIze. The ground floor area of the mam structure, exclusIve of
a one-story open porches and garages, shall be not less than 700 square feet for a one-story
dwellmg, nor less than 1200 square feet for a dwellmg of more than one story
SectiOn 16. Roofs. No flat roofs wIll be allowed on the house or garage
SectiOn 17, Extenors. The entIre house must be pamted or stamed approved colors,
The Idea IS that colors that are very bnght, provocatIve, or draw the attentIOn of persons lookmg
at the houses m the subdIvIsiOn plat to those WIth sIgnIficant color vanatiOn should be aVOIded.
Color schemes will be selected to provIde a homogenous nature and neutral look to the homes.
The ongmal house colors shall be approved by Rmmer General Development, Inc An owner
wIshmg to change the house colors from the ongmal colors shall, m wntmg, notIfy all other lot
owners m the subdIvIsiOn of the color change. If five lot owners object, m wntmg, to the new
colors, wIthm ten days the new colors shall not be allowed. Approval of changes m colors shall
not be reasonably WIthheld,
SectIOn 18, Nmsance, No nOXIOUS or offensIve actIvIty shall be earned on upon any
resIdentIal lot. No actIvIty shall be allowed to become an annoyance or nmsance or decrease the
value of the property of any neIghbor or of the neIghborhood m general.
5
SectIOn 19. FIrearms, The shootmg of any type of weapon or firearm IS prohibIted,
mcludmg but not lImIted to BB guns, mr niles and pIstols, pellet guns and slmg shots.
SectIOn 20, Landscapmg. Landscapmg of the front and at least one half ofthe sIde
yards shall be grass Yards shall be regularly mowed and neatly mamtamed at all tImes. The
ongmal decIduous trees shall be replaced If they dIe, become dIseased or too large for the SIte
Alllandscapmg shall be completed wIthm one (1 ) year
SectIOn 21 Open Space Tracts A, Band C shall be dedIcated to the Homeowners
assocIatIOn, and the Homeowners ASSOCiatIOn shall be responsible for mamtammg the open
space and mamtammg the Stormwater Dramage as reqUIred by The CIty ofYelm and reasonable
envIronmental practIces
SectIOn 22, Owners Easements and Elllovment. Every owner shall have a nght and
easement of enjoyment m and to the Common Area, whIch shall be appurtenant to and shall pass
wIth the title to every Lot, subject to the followmg provlSlons,
(A) The nght of the AssocIatIOn to charge reasonable admIssIOn and
other fees for the use ofthe recreatIOnal facIlIty sItuated upon the Common Area,
(B) The nght of the Association to suspend the votmg nghts and nght to
use of the recreational facIlIties by an Owner for any penod dunng whIch an assessment agamst
hIS Lot remams unpmd, and for a penod not to exceed SIxty (60) days for any mfractIon of ItS
publIshed rules and regulatIOns,
(C) The nght of the ASSOCiatIOn to dedIcate or transfer all or any part of
the Common Area to any publIc agency, authonty or utilIty for such purposes and subject to such
condItions as may be agreed to by the member
No such dedIcatIOn or transfer, wIth exceptIOn of DeclaratIOn of Covenants for well and
waterworks, shall be effective unless an mstrument agreemg to such dedIcation or transfer,
sIgned by two-thIrds (2/3) of each class of members, has been recorded,
SectIOn 23. DelegatIOn of Use. Any owner may delegate, m accordance wIth the
By-Laws, hIS nght of enjoyment to the Common Area and FacIlItIes to the members of hIs
famIly, resIdents of hIs household, hIS tenants, or contract purchasers who resIde on the property
6
ARTICLE IV
SectIOn 1
The ASSOcIatIOn shall have two classes of votmg membershIp
SectIOn 2 Class "A" Class "A" members shall be all owners, wIth the exceptIOn of
the Declarant, and shall be entItled to one vote for each Lot owned. When more than one person
holds an mterest m any Lot, all such persons shall be members. The vote for such Lot shall be
exercIsed as they determme, but m no event shall more than one vote be cast wIth respect to any
lot.
SectIOn 3 Class "B" Class "B" member (s) shall be RaImer General Development,
rnc (the Declarant or successor) and shall be entItled to three (3) votes for each Lot owned. The
Class B membershIp shall cease upon the happenmg of eIther of the followmg events, whIchever
occurs earlIer
(A) When the total votes outstandmg m the Class A membershIp equals the
total votes outstandmg m the Class B membershIp, or
(B) On May 7,2001 RaImer General Development, rnc has control for 4 years
or untIl all lots are sold.
SectIon 4 FHA/VA Approval. As long as there IS a Class "B" membershIp, the
followmg actIOns wIll reqUIre the pnor approval of the Federal Housmg AdmmIstratIOn or the
Veterans AdmmIstratIon, AnnexatIOn of addItIOnal propertIes, dedIcatIOns of Common Area and
amendment of thIS DeclaratIOn of Covenants, CondItIOns and RestnctIons.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SectIon 1. CreatIon ofthe lIen and Personal OblIgatIOn for Assessments.
The declarant, for each lot owned wIthm the PropertIes, hereby covenants, and each Owner of
any lot by acceptance of deed thereof, whether or not It shall be so expressed m such deed, IS
deemed to covenant and agree to pay to the AssocIatIon, (1) annual assessments to be establIshed
and collected as heremafter provIded. The annual and specIal assessments, together WIth
mterest, costs, and reasonable attorney fees, shall be charged on the land and shall be a
contmumg lIen upon the property agamst WhICh each such assessment IS made. Each such
assessment, together WIth mterest, costs, and reasonable attorney fees, shall also be the personal
oblIgatIOn of the person who was the Owner of such property at the tIme when the assessment
fell due The personal oblIgatIOn for delmquent assessments shall not pass to hIS successors m
tItle unless expressly assumed by them.
7
SectIOn 2. Purpose of Assessments The assessments levIed by the AssocIatIOn
shall be used exclusIvely to promote the recreatIOn, health, safety and welfare of the resIdents m
the PropertIes and for the Improvement and mamtenance of the Common Areas, mcludmg the
mamtenance of Stormwater FacIlItIes.
SectIOn 3. MaxImum Annual Assessment. UntIl December 31, 2001, the
maXImum annual assessment shall be one hundred dollars ($100 00) per lot.
(A) From and after December 31, 2001 the maXImum annual
assessment may be mcreased above 5% by a vote of fifty percent (50%) of each class of
members who are votmg m person or by proxy, at a meetmg duly called for thIS purpose
(B) The Board of DIrectors may fix the annual assessment at an amount
not m excess of the maXImum.
SectIOn 4. SpecIal Assessments for CaPItal Improvements.
In addItIon to the annual assessments authonzed above, the AssocIatIOn may levy, many
assessment year, a specIal assessment applIcable to that year only for the purpose of defemng, m
whole or m part, the cost of any constructIOn, reconstructIOn, repaIr or replacement of a capItal
Improvement upon the Common Area, mcludmg fixtures and personal property related thereto,
provIded that any such assessment shall have the consent of fifty percent (50%) of the votes of
each class of members who are votmg m person or by proxy at a meetmg duly called for thIS
purpose
SectIOn 5. NotIce and Quorum for any ActIOn Authonzed Under SectIOn 3 and 4
Wntten notIce of any meetmg called for the purpose oftakmg any actIOn under SectIon 3 and 4
shall be sent to all members no less than SIXty (60) days m advance of the meetmg. At the first
such meetmg called, the presence of members or proXIes entItled to cast SIxty percent (60%) of
all votes of each class of membershIp shall constItute a quorum. If the reqUIred quorum IS not
present, another meetmg may be called subject to the same notIce reqUIrement, and the reqUIred
quorum at the subsequent meetmg shall be one-half (1/2) ofthe reqUIred quorum at the precedmg
meetmg. No such subsequent meetmg shall be held more than SIXty (60) days followmg the
preceedmg meetmg.
SectIOn 6. Umform Rate of Assessment. Both annual and specIal assessments must
be fixed at a umform rate for all Lots and may be collected on a monthly baSIS.
SectIOn 7. Date of Commencement of Annual Assessments. Due Dates
The annual assessments provIded for herem shall commence as to all lots on the first day of the
month followmg the conveyance of the Common Area. The first annual assessment shall be
adjusted accordmg to the number of months remammg m the calendar year The Board of
DIrectors shall fix the amount ofthe annual assessment penod. Wntten notIce of annual
assessment shall be sent to every owner subject thereto The due date shall be establIshed by the
Board of DIrectors. The AssocIatIOn shall, upon demand, and for a reasonable charge, furnIsh a
8
certIficate sIgned by an officer of the ASsocIatIOn settmg forth whether the assessment of a
specIfied Lot has been paId. A properly executed certIficate of the ASSOCIatIOn as to the status of
assessments on a Lot IS bmdmg on the AssocIatIOn as of the date of ItS Issuance
SectIOn 8. Effect of Nonpayment of Assessments, RemedIes of the AssocIatIOn
Any assessment not paId wIthm thIrty (30) days after the due date shall bear mterest from the due
date at the rate of twelve (12%) per annum. The AssocIatIon may bnng actIon at law agamst the
owner personally oblIgated to pay the same, or foreclose the lIen agamst the property No owner
may WaIve or otherwIse escape lIabIlIty for the assessments proVIded for herem by non-use of
the Common Area or abandonment of hIS lot.
SectIOn 9. SubordmatIOn of the LIen to Mortgages. The lIen ofthe assessments
proVIded for herem shall be subordmate to lIen of any first mortgage Sale or transfer of any lot
pursuant to a mortgage foreclosure or any proceedmg m lIeu thereof, shall extmgUIsh the lIen and
such assessments as to payments whIch become due pnor to such sale or transfer No sale or
transfer shall relIeve such lot from lIabIlIty for any assessments thereafter becommg due or from
the lIen thereof.
SectIOn 10 Every owner of a Lot WhICh IS subJ ect to assessment shall be a member of
the AssocIatIOn. MembershIp shall be appurtenant to and may not be separated from ownershIp
of any Lot WhICh IS subJect to assessment.
ARTICLE VI
MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES
SectIOn 1. Mamtenance Covenant. Easements are hereby granted for the
mstallatIOn, mspectIOn, and mamtenance of utIlItIes and dramage facIlItIes as delmeated on the
plat ofPrame Wind Estates, records of Thurston County, and m the ReSIdentIal Agreement to
Mamtam Stormwater FaCIlItIes by and between Proponent and CIty ofYelm, recorded m
Thurston County 20_, under Thurston County AudItors FIle
and attached as ExhibIt A. No encroachment WIll be placed wIthm the easements
whIch may damage or mterfere WIth the mstallatIOn, mspectIOn, and mamtenance of utIlItIes.
All operatIOns and mamtenance of the storm dramage faCIlItIes, mcludmg all expenses, shall be
paId by the Homeowners ASSOCIatIon.
In the event ProJect Proponent, successors or the Homeowners AssocIatIOn, m the Judgement of
the CIty ofYelm, faIls to mamtam dramage faCIlItIes wIthm the plat, or If the Proponent or
successors WIllfully or aCCIdentally reduce the capacIty of the dram age system or render any part
of the dramage system unstable, the Proponent or successors agree to the followmg remedy;
After thIrty (30) days notIce by regIstered maIl to the Proponent or successors, The CIty of Yelm
may correct the problem or mamtam faCIlItIes as necessary to restore the full deSIgn for all costs
9
assocIated wIth engmeenng and constructIOn of the remedIal work. The CIty OfYelm may
charge mterest as allowed by law from the date of completIOn of constructIOn. The CIty OfYelm
wIll place a lIen on the property and/or on lots m the Property Owners AssocIatIOn for payments
m arrears. Costs or fees mcurred by the JunsdIctIOn, should legal actIon be reqUIred to collect
such payments, shall be borne by the Proponent or successors
SectIOn 2.
Mamtenance of FacIlItIes.
(A) In consIderatIon of conveyance of Tract (s) to the Homeowners
AssocIatIOn, the Homeowners ASSOCIatIOn hereby covenants and agrees to mamtam m good
order and repaIr the stormwater facIlItIes, located m deSIgnated tracts, to the reqUIrements and
standards of CIty ofYelm, and all fences and eqUIpment appurtenant to same. Ifm the opmIOn
of the CIty ofYelm the facIlItIes are not mamtamed to the County standards, a fee may be
charged to each property owner by the Homeowners AssocIatIOn for mamtenance and or repaIrs
of saId facIlItIes. Mamtenance and or repaIrs can be hued out by the Homeowners ASSOCIatIOn or
repaIrs can be done by the members, as long as work meets wIth CIty standards.
(B) All stormwater runoff from rooftops shall be handled to retam all runoff
on-SIte as per the CIty of Yelm standards
SectIOn 3. Mamtenance Schedule Mamtenance schedule for dramage system
component as outlmed m exhibIt A.
SectIOn 4. On-SIte SeptIc Tanks. On-SIte septIc tanks for mdIvIduallots shall be
placed on the property so that they wIll not result m the mfiltratIOn of untreated or partIally
treated sewage mto the dramage system. The burden shall be upon the property owner to
demonstrate to the satIsfactIOn of the CIty ofYelm that thIS condItIOn IS satIsfied.
SeactIOn 5 The Prame Wind Estates Homeowners AssocIatIOn shall proVIde the
storm dramage mamtenance reqUIred m the reSIdentIal Agreement to mamtam stormwater
facIlItIes and to Implement a pollutIOn source control plan as recorded m Thurston County,
ExhibIt A
SectIOn 6 ApproxImate mamtenance Schedule for Dramage System Component.
ThIS IS attached m ExhibIt A.
ARTICLE VII
No bUIldmg, fence, wall or other structure shall be commenced, erected or mamtamed upon
the propertIes, nor shall any extenor addItIOn to or change or alteratIOn therem be made untIl the
plans and speCIficatIOns showmg the nature, kmd, shape, heIght and locatIOn of the same shall
have been submItted to and approved m wntmg as to conformance WIth these covenants,
harmony of external deSIgn and locatIOn m relatIOn to surroundmg structures and topography by
the Board of DIrectors of the ASSOCIatIOn, or by an ArchItectural Control CommIttee composed
10
of three (3) or more representatIves appomted by the Board. In the event saId Board, or ItS
desIgn Comnuttee, faIls to approve or dIsapprove such desIgn and locatIOn wIthm thIrty (30)
days after saId plans and specIficatIOns have been submItted to It, approval wIll not be reqUIred
and thIS ArtIcle wIll be deemed to have been fully complIed wIth.
ARTICLE VIII
GENERAL PROVISIONS
SectIOn 1. Enforcement. The Declarants, Prame Wmd Estates Homeowners
AssocIatIOn and/or owner of any lot or lots subJect to thIS declaratIon, shall have the nght to
enforce, by any proceedmg at law or m eqUIty, all restnctIOns, condItIOns, covenants,
reservatIOns, lIens and charges now or hereafter Imposed, by the prOVIsIOns of thIS declaratIOn,
proVIded however, that the Declarant's nght to enforce the prOVISIOns of thIS declaratIOn shall
termmate at such tIme as the Declarant shall cease to be owners of a lot or lots subJect to thIS
declaratIon, and provIded further, however, that the termmatIOn of the Declarant's power to
enforce thIS declaratIOn shall m no way affect the power of any successor, lot owner or (Prame
Wind Estates Homeowners AssocIatIOn) to enforce the terms and condItIons of thIS declaratIOn.
In any actIOn to enforce the terms and condItIOns of thIS declaratIOn, the party prevaIlmg shall be
entItled to an award of such party's costs, mcludmg attorney's fees, agamst the non-prevaIlmg
party for all costs mcurred WIth respect to the enforcement of thIS declaratIOn. FaIlure of the
Declarant or any such owner or contract purchaser or Prame Wind Estates Homeowners
ASSOCIatIOn to enforce any covenant or restnctIOn herem contamed shall m no event be deemed a
WaIver of the nght to do so hereafter
SectIOn 2. SeverabIlIty InvalIdatIOn of anyone of these covenants or restnctIOns
by Judgment or court order shall m no way affect any other prOVISIOns, whIch shall remam m full
force and effect.
SectIOn 3. Amendment. The covenants and restnctIOns of thIS declaratIOn shall run
WIth and bmd the land, and shall msure to the benefit of and be enforceable by the owner of any
lot subJect to thIS declaratIOn, mcludmg the declarants, Prame Wind Estates Homeowners
AssocIatIOn, theIr respectIve legal representatIves, heIrs, successors, and aSSIgns, for a term of
thIrty (30) years from automatIcally extended succeSSIve penods often (10) years, unless an
mstrument termmatmg all covenants, whIch IS SIgned by not less than the owners then owmg
mnety percent (90%) dunng the first thIrty (30) years and seventy-five percent (75%) for any
penod thereafter, of the property subJect to thIS declaratIOn and any supplemental declaratIOn
shall have been recorded WIth the Thurston County AudItor The covenants and restnctIOns of
thIS declaratIOn may be amended or by an mstrument SIgned by not less than the owners of
seventy-five percent (75%) of the lots Amendments shall take effect when they have been
recorded WIth the AudItor ofthe County of Thurston.
11
SectIOn 4 Prame Wind Estates IS located wIthm a rural agncultural area. As a result, there
may be a conflIct WIth nOIse, smells and sounds.
ACKNOWLEDGMENT
A TT ACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
STATE OF WASHINGTON)
Ss.
COUNTY OF THURSTON)
THIS IS TO CERTIFY that on !hI" ~\ day o~~ ' 20 ~ ( before
me, the undersIgned, a Notary PublIc m and for the State ofWashmgt~ , duly commIsSIOned,
sworn and qualIfied, personally came Douglas R. Bloom known to be the mdIVIdual described m
and who executed the wIthm and foregomg ArtIcles of IncorporatIOn, and acknowledged to me
that he, sIgned and sealed the same as hIS free and voluntary act and deed, for the uses and
purposes t~x.r...eJ~~~ntIoned... ' ::, p \
.f"~~~~/~~~~~If\~:Brft~(S'l'SEAL the day and year first abo~e wntten.
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12
ARTICLES OF INCORPORATION
OF
PRAIRIE WIND ESTATES HOMEOWNERS ASSOCIATION
THURSTON COUNTY, WASHINGTON
In complIance wIth the reqUIrements of24 03 RCW, the undersIgned, reSIdent of the State of
Washmgton and who IS of full age, has thIS day voluntanly assocIated for the purpose of formmg
a corporatIOn not for profit and does hereby certIfY'
ArtIcle I
The name of the corporatIOn IS Prame Wind Estates Homeowners ASSOCIatIOn, hereafter called
the "AssocIatIOn."
ArtIcle II
The pnncIpa1 office of the ASSOCIatIOn IS located at 103 Rochester Street W., RaImer,
Washmgton 98576
ArtIcle III
RaImer General Development, Inc whose address IS POBox 627, RaImer, Wash. 98576
ArtIcle IV
PURPOSE AND POWERS OF THE ASSOCIATION
ThIS ASSOCIatIOn does not contemplate pecumary gam or profit to the Members, and the speCIfic
purposes for whIch It IS formed are to proVIde for preservatIOn and archItectural control of the
resIdentIal lots and mamtenance and preservatIOn of the Common Areas, the Storm Dramage
System, and the street lIghts, and to promote the health, safety and welfare ofthe reSIdents wIthm
the above described property and any addItIons thereto as may hereafter be brought wIthm the
JunsdIctIOn of thIS ASSOCIatIon for thIS purpose to
(a) ExerCIse all of the powers and pnvIleges and to perform all ofthe dutIes and oblIgatIOns of
the ASSOCIatIOn as set forth m that certam DeclaratIOn of Covenants, CondItIons and
RestnctIOns, heremafter called the "DeclaratIOn", applIcable to the property and recorded
m the Office of the AudItor m and for Thurston County Washmgton and as the same may
be amended from tIme to tIme as therem provIded, SaId DeclaratIOn bemg mcorporated
herem as If set forth at length,
(b) fix, levy, collect and enforce payment by any lawful means, all charged or assessments
pursuant to the terms of the DeclaratIOn, to pay all expenses mCIdent to the conduct of the
busmess of the AssocIatIOn, mcludmg all lIcenses, taxes or governmental charges levIed or
Imposed agamst the property of the ASSOCIatIOn,
(c) acqUIre (by gIft, purchase or otherwIse), own, hold, Improve, buIld upon, operate, mamtam,
convey, sell, lease, transfer, dedIcate for publIc use or otherwIse dIspose of real or
personal property m connectIOn WIth the affaIrs of the AssocIatIOn,
(d) borrow money, and wIthm the assent of two-thIrds (2/3) of each class of Members,
mortgages, pledge, deed m trust, or all of Its real or personal property
as secunty for money borrowed or debts mcurred,
(e) dedIcate, sell or transfer all or any part of the Common Area to any publIc agency,
authonty, or utIlIty for such purposes and subJect to such condItIons as may be agreed by
the Members. No such dedIcatIOn or transfer shall be effectIve unless an mstrument has
been SIgned by two-thIrds (2/3) of each class of Members, agreemg to such dedIcatIOn,
sale or transfer;
(f) have and to exerCIse any and all powers, nghts and pnvIleges WhICh a corporatIon
orgamzed under the Non-Profit CorporatIOn Law of the State ofWashmgton by law now or
hereafter may have or exerCIse.
(g) In the event ProJ ect Proponent, successors or the Homeowners AssocIatIOn m the
Judgement of The CIty ofYelm, faIls to mamtam dramage faCIlItIes wIthm the plat, or If the
Proponent, successors or, the Prame Wind Estates Homeowners AssocIatIOn WIllfully or
aCCIdentally reduces the capacIty ofthe dramage system or renders any part of the dramage
system unusable, the Proponent, successors or Prame Wmd Estates Homeowners
ASSOCIatIon agree to the followmg remedy' After 30 days notIce by regIstered maIl to the
Proponent, successors or Homeowners AssocIatIOn, JunsdIctIon may correct the problem or
mamtam faCIlItIes as necessary to restore the full deSIgn capacIty of the dramage system.
The CIty of Ye1m WIll bIll the present owner of the dramage tracts for all costs assocIated
WIth the engmeenng and constructIOn of the remedIal work. The CIty ofYelm may charge
mterest as allowed by law from the date of completIOn of constructIon. The CIty of Yelm
wIll place a lIen on the property and/or on the lots m he Prame wmd Estates Homeowners
ASSOCIatIOn for payments m arrears. Costs or fees mcurred by the JunsdIctIOn, should legal
actIOn be reqUIred to collect such payments, shall be borne by the present owner ofthe
dramage tracts lots Proponent, successors or Prame wmd estates Homeowners
AssocIatIOn.
ARTICLE V
MEMBERSHIP
Every person or entIty who IS a record owner of a fee or undIvIded fee mterest m any lot,
whIch IS subJect by covenants for record to assessment by the AssocIatIOn, mcludmg contract
purchasers, shall be Members of the AssocIatIOn. The foregomg IS not mtended to mclude
persons or entItIes who hold an mterest merely as secunty for the performance of an oblIgatIOn.
MembershIp shall be appurtenant to and may not be separated from ownershIp of any Lot whIch
IS subJ ect to assessment by the AssocIatIOn.
ARTICLE VI
VOTING RIGHTS
The ASsocIatIOn shall have two classes of votmg membershIp
Class A. Class A Members shall be all Lot Owners, wIth the exceptIOn of the
Declarant, and shall be entItled to one vote for each Lot. When more than one person holds an
mterest m any Lot, all such persons shall be members. The vote for such Lot shall be exercIsed
as they determme, but m no event shall more than one vote be cast wIth respect to any Lot.
Class B The Class B Member shall be the Declarant (as defined m the
DeclaratIOn or successors to Declarant), and shall be entItled to three (3) votes for each Lot
owned. The Class B membershIp shall cease and be converted to Class A MembershIp on the
happemng of eIther of the followmg events, whIchever occurs earlIer;
(a) when the total votes outstandmg m the Class A membershIp equal the total
votes outstandmg m the Class B membershIp, or
(b) on December 31, 2002
ARTICLE VII
BOARD OF DIRECTORS
The affaIrs of thIS AssocIatIon shall be managed by a Board of two (2) who need
not be Members ofthe AssocIatIOn. The number of DIrectors may be changed by amendment of
the By-Laws of the ASSocIatIOn. The names and the addresses of the persons who are to act m
the capacIty of DIrectors untIl the selectIOn of the successors are
NAME
ADDRESS
Douglas R. Bloom
PO Box 627
RaImer, W A 98576
Barry R. Bndges
PO Box 627
RaImer W A. 98576
At the first annual meetmg the Members shall elect two DIrectors for a term of one year,
two DIrectors for a term of two years and one DIrector for a term of three years, and at each
annual meetmg thereafter the Members shall elect one DIrector for a term of three years for each
DIrector whose term of office expIres at such tIme
ARTICLE VIII
DISSOLUTION
The aSSOCIatIon may be dIssolved wIth the assent gIven m wntmg and SIgned by not less
than two thIrds (2/3) of the members. Upon dISsolutIOn of the ASSOCIatIOn, other than mCIdent to
a merger or consolIdatIOn, the assets of the ASSOCIatIOn shall be dedIcated to an appropnate
publIc agency to be used for the purposes SImIlar to those for whIch thIS ASSOCIatIOn was created.
In the event that such dedIcatIOn IS refused acceptance, such assets shall be granted, conveyed
and aSSIgned to any non-profit corporatIOn, aSSOCIatIOn, trust or other orgamzatIon to be devoted
to such SImIlar purposes.
ARTICLE IX
DURATION
The CorporatIOn shall eXIst perpetually
ARTICLE X
AMENDMENTS
Amendment of these ArtIcle shall reqUIre the assent of seventy-five percent (75%) of the
entIre membershIp
ARTICLE XI
FHA/V A APPROV AL
As long as there IS Class B membershIp, the followmg actIons wIll reqUIre the pnor
approval of the Federal Housmg AdmmIstratIOn or the Veteran's AdmmIstratIOn. annexatIOn of
addItIonal propertIes, mergers and consolIdatIOns, mortgagmg of Common Area, dIssolutIOn and
amendment of these ArtIcles.
ARTICLE XII
INCORPORATOR
The name and address of the mcorporator IS RaImer General Development,
POBox 627, RamIer, Wash. 98576
IN WITNESS WHEREOF, for the purpose of formmg thIS corporatIOn under the laws of
the State ofWashmgton, I, the underSIgned, constItutmg the mcorporator of thIS AssocIatIOn,
Have executed these ArtIcles of IncorporatIOn thIS 3 pP day of fY) h-1J 200f
~~
STATE OF WASHINGTON)
Ss.
COUNTY OF THURSTON)
THIS IS TO CERTIFY !hat on !hIS ~ day of 'YhQL.<;td; , 20 O( before
me, the underSIgned, a Notary PublIc m and for the State ofWashmgto , duly commISSIOned,
sworn and qualIfied, personally came Douglas R. Bloom known to be the mdIvIdua1 described m
and who executed the wIthm and foregomg ArtIcles ofIncorporatIon, and acknowledged to me
that he, SIgned and sealed the same as hIS free and voluntary act and deed, for the uses and
purposes therem mentIOned.
WITNESS MY HAND AND OFl.I..~J{\~ SEAL the day and year first above wntten.
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Rainier General Development Inc.
POBox 627
Raimer, Washington 98576
(360 )446-3083
May 3, 2001
Cathy Carlson
CIty of Yelm
PO Box 479
Yelm, W A 98597
RE Prame Wind Estates
Cathy,
The followmg IS an ItemIzed cost lIst of Items to be completed per Item number 5 or your May 1,
2001 letter
Landscapmg 15 foot buffer along western property lme
On sIte well abandonment
SeptIc system abandonment
Connect water servIce lme
Connect sewer servIce
Sewer mspectIOn fee
$1600
750
500
500
1500
145
$4995
We WIll provIde a Letter of CredIt and ASSIgned Savmgs m the amount of $7492 to cover the
costs and completIOn of thIS work.
If you have any questIOns please gIVe me a call.
Smcerely,
~
oJ .
LETTER OF CREDIT AND ASSIGNlVIENT
This letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20.040 of the
Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in
the Agreement attached hereto and made a part hereof. The undersigned does hereby assign, transfer, and set over unto City
of Yelm, all rights, title, and interest in and to Savings Account No. --3 I () t::{) I ~ Y, in
S.,u --rH- .$", U ;v4 4,---Ac--t--J1? , in the name of J<. <t..( .-11 -eif CeC/le.ra-1 ~&;Il'edl ~ with
I
full power and authority to demand, collect, and receive said deposit for the use and purpose of completing the required
improvements and repairs described in said Agreement not completed by K ct:\ "'--I ~V ~(,:JOcI ~J Dc.,
pursuant to said agreement.
It is understood and agreed that S~ Ttf 5ee..> r----JJ g-A tV (' Holds the certificate covering said account in its
possession and agrees to hold the sum of $ 74 '12.. ~ therein until release or partial release of this Assignment is
received from the City of Yelm 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.
DATED this
8:?
day of
m~
rp~
:ESTs~;RF
The unders '" ed hereby confirms the deposit of $ 71J.1 <q 2" ~ in Savings Account No.
II a 00 I b ~ l.{ in accordance with the terms set forth herein and agrees to administer said
account as provided herein above until all such funds are released by the City of Yelm.
ATTEST
5'e)<J If! S;e><JJ g A ML-
:i:and/;Z~*ilj;~
fiLE. rP.biJYlCd /!r;tder
.
City of Yelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
Date May 1, 2001
To Mayor Rivas and City Council Members
From Cathie Carlson, Community Development Director
Re Final Plat for Prairie Winds (formerly Cullens Estates) SUB-01-8278-YL
Staff Recommendation
Staff recommends the City Council approve the final plat for Prairie Winds (formerly Cullens
Estates) SUB-01-8278- YL as forwarded by the Planning Commission
Background
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 14, 2000 The project has been under construction for the last year and the applicant filed a
completed application for final plat on April 12, 2001
The original preliminary plat was approved as a Townhouse development. The applicant has
amended the project to single family residential, which results in minor changes to the original
requirements In particular, the overlay zone of Townhouse is no longer applicable, therefore the
yard setbacks would revert to the requirements of Chapter 17 15, Moderate Density Residential (see
No 20 & 21 below) Also the Transportation Facility Charge will need to be modified to reflect the
change in fee from a Townhouse to single family unit, per Ordinance No 1540 (see 24a. below)
Applicant: Rainier General Development
Proposal 24 Lot, Single Family Final Plat Approval for Prairie Winds
Location The project site is located on the west side of Cullens Road just north of the Cullens Road
and Coates Ave intersection
Planning Commission Action and Recommendation
The Planning Commission as required reviewed the final plat for compliance with the conditions of
approval placed on the preliminary plat. At their May 7, 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 as conditioned
below
Conditions of Final Plat Approval
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 an executed Assigned Savings Account
Agreement The assigned savings account is required to complete requirements as
discussed in No 2, 6, 7 and 22 below
Original Preliminary Plat Conditions of Approval
Sewer
1 The proponent shall connect to the City's S T E. P System There is an existing 2" line at the
adjacent property to the south A connecting four inch line shall be extended across the
frontage of the property and across the frontage of Lot 1 of SS 8119 The S T E P System
shall be designed to City standards The applicant shall submit final civil plans to the
Community Development Department for review and approval
Completed The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat,
2. The three on-site septic systems and drainfields shall be abandoned to Thurston County
Health Department standards and the residences shall be connected to the City's S T E P
System The applicant shall be responsible for all cost incurred from the abandonments and
the new connections
Due to the request of the Public Works Department Lots 1 and 3 of Short
Subdivision 8119 will be abandoned and connected after final plat. The
developer has provided the City with a copy of a settlement agreement between
the developer and original property owner regarding responsibility of payment
for costs incurred with the conversion from the existing system to the City
system, The developer is financially responsible for conversion of Lot 3 only
Lot 1 conversion will be completed by the current property owner The developer
has provided an assigned savings account to complete these improvements.
3 Two Sewer ERU hook-ups have been prepaid for this site ERU connection fees inside the
LID are divided into two methods of payment. The LID assessment fee of $1823 15 per
ERU is paid on an annual basis for 15 years and the balance of the connection fee, $2,480
(fee subject to change) is payable at time of building permit issuance The LID assessment
attached to this property is $36,463 00 At final plat, the assessment will either need to be
paid in full or segregated among the developed lots The City is currently establishing LID
segregation policy details
The applicant is completing the final paper work for the LID segregation, The
segregation documents will be recorded with final plat,
Water
4 The Proponent shall connect to the City's water system There is an existing 8" water line
located on the adjacent property to the south The line shall be extended across the property
frontage of the development site and across the frontage of Lot 1 of SS 8119 The on-site
water system shall be designed to City standards The applicant shall submit final civil plans
to the Community Development Department for review and approval
Completed The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat,
5 Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons
2
per day and are currently charged at a rate of $1 ,OOO/ERU (subject to change) inside city
limits This fee is payable at time of building permit issuance
Fees for hook-up are collected at the time of building permit issuance,
6 The applicant shall decommission the on-site well pursuant to DOE standards The property
owner shall sign a Water Rights Dedication Agreement.
The well has not been decommissioned at this time, Due to the request of the
Public Works Department the well shall be decommissioned after final plat and
Lots 1 and 3 of Short Subdivision 8119 will be connected to the City System,
The developer has provided an assigned savings account to complete these
improvements and will provide the City with the decommission papers and a
signed Water Rights Dedication Agreement,
7 The applicant shall connect the existing residences on Lots 1 and 3 of SS 8119 to the City
Water System All costs incurred with the connection shall be the responsibility of the
applicant.
Due to the request of the Public Works Department Lots 1 and 3 of Short
Subdivision 8119 will be connected after final plat. The developer has provided
the City with a copy of a settlement agreement between the developer and
original property owner regarding responsibility of payment for costs incurred
with the conversion from the existing system to the City system The developer
is financially responsible for conversion of Lot 3 only Lot 1 conversion will be
completed by the current property owner
The developer has paid for the connection fee for Lot 3 and has provided an
assigned savings to complete these improvements,
8 All open space areas and planting strips shall have an irrigation system with a separate
water meter(s) The applicant shall submit final civil plans to the Community Development
Department for review and approval
Completed
Stormwater
9 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 The applicant shall compile a final storm water report along
with construction drawings
Completed
10 The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
3
Completed, The storm water operation and maintenance plan will be recorded
with the final plat.
11 The stormwater system shall be held in common by the Homeowners The Homeowners
Agreement shall include provisions for the assessment of fees against individual lots for the
maintenance and repair of the stormwater facilities
Completed, The Homeowners Agreement will be recorded with the final plat,
Transportation
12 The street design for the project is a local access residential and shall be included on civil
plans The applicant shall submit final civil plans to the Community Development Department
for review and approval
Completed,
13 The applicant shall be responsible for half-street improvements along the frontage of Cullens
Street. The frontage improvements include lane improvements, curb, planter strip, sidewalk,
landscape and storm drainage The Cullens Road street section is "neighborhood collector"
Completed, The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat,
14 "Road B" shall be labeled on the final plat map as a future street connection to the adjacent
properties
Completed,
15 The applicant shall construct a driveway to City standards for tax parcel #317123110500
The driveway and driveway approach shall be located on "Road A" as shown and included on
the final civil drawings
Completed,
Fire
16 The applicant shall submit fire flow calculations for existing hydrants All hydrants must meet
minimum City standards
Completed
17 The applicant shall submit a fire hydrant plan to the Community Development Department for
review and approval
Completed,
Open Space
18 Tracts A, B, and C shall be preserved as community open space and held in common by the
4
property owners The applicant shall submit a Homeowners Agreement to the Community
Development Department for review and approval The Homeowners Agreement shall
include provisions for the maintenance and operation of the open space tracts
Completed,
19 The applicant shall submit a final improvement plan for the open space The plan shall
demonstrate compliance with Chapter 14 14 050
Completed
Setbacks
20 Front yard setbacks shall be those of the underlying district: 15 feet for the house and 20 feet
for the garage Front yard setbacks shall comply with the variation requirement of Chapter
1761
The project has been modified from Townhouse to detached single family,
Variations in setbacks were required based on requirements of Chapter 17 61,
Townhouse, These standards no longer apply. Building setbacks on individual
lots shall be those of Chapter 17,15, Moderate Density Residential.
21 To comply with the variation requirement of Chapter 1761, the rear yard setbacks for Lots 17
thru 20 shall be reduced from 25 feet to 20 feet.
The project has been modified from Townhouse to detached single family
Variations in setbacks were required based on requirements of Chapter 17 61,
Townhouse, The rear yard setback variation from 25 feet to 20 feet was allowed'
because of the front-yard variation requirement of Chapter 17 61, Townhouse,
These standards no longer apply Building setbacks on individual lots shall be
those of Chapter 17,15, Moderate Density Residential.
Landscaping and Buffer Area
22. The protection and maintenance of the Type I, 15 foot buffer along the western property line
shall be provided for in the Homeowners Agreement.
23
The buffer area has been provided and is addressed in the Homeowners
Agreement, Landscaping of this area has not been completed, The applicant
shall provided an assigned savings account in the amount of one and one-half
times the cost of improvements,
24 The applicant shall submit a final landscaping and irrigation plan for Tracts A, Band C, for
the street planters strips and the buffer along the western property line
Completed,
Environmental
25 The applicant shall comply with the mitigation of the MONS issued on May 10, 2000
Mitigation includes
a. The applicant shall mitigate transportation impacts based on the new p m peak hour
5
trips generated by the project. The Transportation Facility Charge (TFC) shall be
based on 0 60 new p m peak hour trips per townhouse unit. The proponent will be
responsible for a TFC of $450 00 per townhouse unit which is payable at time of
building permit.
With the change from Townhouse to single family detached the
Transportation Facility Charge is amendment to $750,00 per unit, payable
at time of building permit issuance.
b Trees along the western property line within the required 15' buffer shall be protected
during construction with construction fencing
Completed,
c. The proponent shall enter into an agreement with the Yelm School District to mitigate
project impacts to the school district.
The applicant is finalizing the agreement at this time, A signed and
recorded agreement shall be provided prior to City Council review
Subdivision Name and Property Addresses
26 The applicant shall submit another subdivision name The City will forward the name to the
Thurston County Records Department for approval
Completed,
27 Prior to the submission final plat application, the applicant will provide the Building
Department with a plat map for addressing
Completed
General Public Works
28 Per the City of Yelm's Development Guidelines street lighting and interior street lighting will
be required
Completed
29 The applicant shall submit a grading plan to the Community Development Department for
review and approval prior to anyon-site grading
Completed,
T-\Community Development\Project Files\SUB Full Plat Subdivision\8278 Prairie Winds Final\8278cc.wPD
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FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX 360-458-4348
To: ])oU_j
Fax #: 1-1-& - 2-11 2-
From: 0 JU/I /?_(
c..tt:r r I (0 lJvf' 50n
Date: r;f 101
Pages: Z- L, mcludmg this cover sheet.
Subject:
COMMENTS 1h& 3dl 0/- StLL iLJ( ChLfl f_____ (!ft/J 66 u S.evt-(1 r
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**
If you do not receIve all copIes .
soon as possible or any copy IS not legIble, please call (360) 458-3244 as
ds:c '-Office'Jorms'Jax 3
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E. TRUE & ASSOCIATES
LAND SURVEYING
POBOX 908
18225 COOK ROAD S.E
YELM, W A. 98597
360-458-2894
Date Apnl 30, 2001
To CIty ofYelm
105 Yelm Avenue West
Yelm, W A. 98597
A TTN: Cathenne Carlson
CIty Planner
RE: Final Plat comments for Prairie Wind Estates
Dear Ms. Carlson.
We have revIewed the plat, lot closures and plat certIficate for thIS subdIvISIOn. I have
addressed a lIstmg of the Items that should be addressed pnor to approval of thIS
subdIVISIOn.
If you have any questIOns please don't heSItate to call me at 360-458-2894
Smcerely,
~'A~
EddIe True, P.L S
~l.'~~~~f'~~
.~
I C
Sheet one
~,,,;,,......,,-----~,.....---
Final Plat Comments
Prairie Wind Estates
1)
'" ." ;;-,,,.. ," ""/j",,, ;;'~"""""~',f"".
;)~tri)t_~J!l ~ f~'.\;"'}f <l ,ij '" Ttf~~,..t.%
rtIficate to be removed.
_ 'J) .,,-- Volume and page m descnptIOn not venfied. See legal m Plat CertIficate
Sheet two
.-~..-A-=- 4)
~~7..~,..1"""'.;:u... "
Sheet three
~
~)
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iii
3) ~ name Alvm Pearl needs mIddle ImtIal.
Acknowledgements should be personal for MIchael Reibman, Michelle
Merlmo and SylvIa MezIstrano
5)
~llP~ledgements, III the statement, "thIS mstrument to executed",
~......"~'be"
Reference and/or provIde sectIOn subdIvIsIOn showmg calcs for boundanes.
ProvIde or describe monument control for Cullens Road.
Note storm water retentIOn facIlIty for tract "B" and provIde note describmg
ownershIp of open space and storm water tracts and provIde emergency
mamtenance easement for the CIty of Yelm.
Lot 5 closure mcludes tract "C" ProvIde revIsed closure for lot 5
..t.-'."--4-...rliMfdIcatIOn for publIc use
1 ~.. aJIn P<UOP1+!@W for I.9-t 'W- ~~l~'~ment.
12) ~~I1UltIple dImensIOmng errors as noted on map It appears
one Improperly ProvIde revIsed map or lot closures as
13) Show 10 foot utIlIty easement along road nght of way on map, If applIcable,
and provIde standard utIlIty easement note
\~:.~~~ ,}~.. ~t';;"}'. .~~ ~\l: t,\~~"I~p\"~;i~~; iii;>~";t'J :::~~ !\\' lr' ~;\\;'I~~~;>t. . ~7:- "..,. :~. ,;~" ~'.r:5"~ '\.:_i~' .,.;~~ ?'}'~~\~t::' f}~" ~~ fj', \.;:,;~ ,; ~~'!~ ,~,,"~I~~ ~l~'n.z:&
'l"-~~l ,-,.~.J~. -;t;~>~t~1t",:,~'~1 ;t~~~.~~~i~:h:\i;:rJ'~P;
include ZIp code.
--~#~4~~r~-----..
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Final Plat Comments
Prairie Wind Estates
",. Lme 3 on map does not match. Correct lIne three to match lot closure
~ South lme of lot 4 has beanng dIfference on lot closure.
~ast ImeQfjract..'$" .~
~'i1~tt~:,Q ittlF1"~t~:-;"~ .rAH til~( ~~~~ ~~~~~\dJ:.HJ~,~.s. '
lot 3 and 4 for tract "B" Add dImensIOn for
18)
~)_ ]ii)i-.,."-' _,",~~~I\~~'
20) _ -~~r"..d-_r-AII~.n"':rJ.,.oundary of plat and closure for road center lInes.
..
E TRUE & ASSOCIATES
LAND SURVEYING
POBOX 908
18225 COOK ROAD S E
YELM, W A 98597
360-458-2894
Date AprIl 30 2001
To CIty of Yelm
105 Yelm Avenue West
Yelm, WA 98597
A TTN CatherIne Carlson
CIty Planner
RE' Final Plat comments for Prairie Wind Estates
Dear Ms Carlson.
We have revIewed the plat, lot closures and plat certIficate for tIllS subdIvIsIOn. I have
addressed a ltstmg of the Items that should be addressed pnor to approval of thIS
subdIvisIOn
If you have any questIOns please don't heSItate to call me at 360-458-2894
Sll1cerely
~~/1
~
EddIe True, P L S
~I
Final Plat Comments
Prairie Wind Estates
Sheet one
1) Health Officer certIficate to be removed.
2) Volume and page m descnptIOn not venfied See legalm Plat Certificate
3) In dedicatIOn, the name Alv1l1 Pearl needs nmldle 1l1ItIal.
Sheet two
4) Acknowledgements should be personal for MIchael Reibman, Michelle
Merlmo and SylvIa Mezlstrano
5) In all acknowledgements, m the statement, "thiS mstrument to executed",
1l1sert the word "be"
Sheet three
6) Reference and/or provide sectIOn subdivISIOn showmg cales for boundanes
7) Provide or descnbe monument control for Cullens Road.
8) Note storm water retentIOn facIlIty for tract "B" and proVIde note descnbmg
ownership of open space and storm water tracts and proVIde emergency
ma1l1tenance easement for the CIty of Yelm.
9) Lot 5 closure 1l1cludes tract "C" ProvIde revised closure for lot 5
1 0) On streets, note the dedicatIOn for publIc use
11) On easement for lot 3, proVIde distance and lughlIght SaId easement.
12) Lot 6 thru 10 have multIple dlmensIOnmg errors as noted on map It appears
that lot closures were done Improperly PrOVIde revIsed map or lot closures as
req mred.
13) Show 10 foot utIlIty easement along road nght of way on map, If applIcable,
and prOVIde standard utIlIty easement note
14) PrOVIde note for CIty of Yelm sewer easement, a copy of whIch IS prOVIded.
15) Address note should mclude ZIp code
"
'eo.
Final Plat Comments
Prairie Wind Estates
16) Lll1e 3 on map does not match. Correct lme three to match lot closure
17) South lIne of lot 4 has beanng dIfference on lot closure
18) Add dImensIOn on south Ill1e of lot 3 and 4 for tract "B" Add dImensIOn for
east hne of tract "B"
19) DImensIOn south and east 11l1e of tract "C"
20) ProvIde lot closures for boundary of plat and closure for road center lInes
r:::r ...-.
HUllT -ZOLlARS
Huitt-Zollars, Inc. /302 South 9th Street / Suite 101 / Tacoma, Washington 98402-3602/ (253) 627-9131/ Fax (253) 627-4730
April 26, 2001
Jim D'Aboy, PE
COSMOPOLITAN ENGINEERING GROUP
117 South 8th Street
Tacoma, WA 98402
RECEIVED
MAY 02 2001
BY:
Catherine Carlson, City Planner
CITY OF YELM
105 Yelm Avenue West
Yelm, WA 98597
Re Plat of Prairie Wind 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 According to the Preliminary Plat Approval Letter, the plat will be serviced by a S T E.P
system Typically, when a plat is serviced by a ST E P system there is an easement
dedication on the plat for the City to access the lots and septic system
2 The plat does not show a joint trench utility easement adjacent to the roadways for utilities A
utility dedication on the face of the plat is also needed
3 There is a note in Tract B that extinguishes an easement. I do not believe that this can be
accomplished on the face of the plat, unless the owner of Lot 3 of SS-8119 is signing the plat
and included in the Dedication We recommend removing note and referencing recording
number of document extinguishing the easement.
4 The zip code needs to be added to the addresses
5 In the Legend the Set 2" Brass Cap in Concrete should also reference the LS# stamped on the
disc.
6 The power easement shown crossing Lots 1-4 should also list any restriction that the
easement may have on Lots 1-4, specifically as it relates to their ability to build within the
easement.
7 Move the easement note in Lot 24 to Lot 3 of the SS-8119
8 Note should be added to the face of the plat dedicating Tracts A, B, and C to the Prairie Wind
Estates Home Owners Association or appropriate entity
9 On page 1 of the Plat, there is no signature block for the City Planner City should verify if this
is needed
10 On the south end of Prairie Wind Street SE, remove one of the two notes regarding "future
street connection to adjacent parcels"
Tacoma / Dallas / Fort Worth / Houston / EI Paso / Phoenix / Tustin / Ontario / Albuquerque / Seattle / Denver
,""'" P'<f'
Letter to Jim D'Aboy, PE, Cosmopolitan Engineering Group
and
Catherine Carlson, Planner, City of Yelm
Re Plat of Prairie Wind Estates - Survey Review
April 26, 2001
Page 2 of 2
11 On north end of Prairie Wind ST SE, add the right-of-way dimensions along the north plat line
12 On 94th Ave SE, add the right-of-way dimensions along the east plat line
13 Add the south line and east line dimensions to Tract C
14 Correct the dimension shown on the north line of Lot 1 of SS-8119 Also, add tick marks for the
124 38' dimension to add clarity to where the dimension is from and to
15 On the south line of Lot 3 and 4, the bearing of N64043'OO" W, should read N 64042'45" W
according to the lot closures
16 On the east line of Tract B, add dimension Remove "40" in this area, it implies the lines are
parallel and the width is 40'
17 Correct overall distance on south line of Lots 1-3 It should be 120 37 according to lot closures
and sum of dimensions on Lots 1-3
18 Lot Closure for Lots 5-10 does not match dimensions shown on plat. Please provide updated
lot closures or revise dimensions on plat for Lots 5-10
19 Notes regarding required fee for building permits may need to be added to the face of the plat
if the City requires them
20 Add note to the face of plat: "Prairie Wind Street SE and 94th Avenue SE
are hereby dedicated to the City of Yelm '
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,
8i~
Blair E. Prigge, PLS, EIT
BEP/gj
Final Plat Comments
Prairie Wind Estates
I ,()~
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4-
Sheet one
1) Health Officer ceIiIficate to be removed.
2) V o'lume and page m descnptIOn not venfied. See legal m Plat Certificate
3) _ In dedlcatlOn, the name Alvm Pearl needs nllddle Il1ltial
Sheet two
4) Acknowledgements should be personal for MIchael Reibman, Michelle
Merlmo and Sylvia Mezlstrano
5) In all acknowledgements, m the statement, "this mstrument to executed",
ll1s_ert the word "be"
Sheet three
6) Reference and/or provide sectlOn subdIvIsIon showll1g cales for boundanes
7) ProvIde or descnbe monument control for Cullens Road.
~ Note storm water retentlOn faCIlity for tract "B" and provIde note descnbll1g
ownershIp of open space and storm water tracts and provIde emergency
mamtenance easement for the City of Yelm.
~ Lot 5 closure mcludes tract "C" ProvIde revised closure for lot 5
~ On streets, note the dedicatIOn for pubhc use
& On easement for lot 3, provIde distance and lughlIght saId easement.
~ Lot 6 thru 10 have multiple dll11enSlOl1lng errors as noted on map It appears
that lot closures were done Improperly ProvIde revised map or lot closures as
req ulred
...---u-)--- ~hl)\\ 10 foot utlhty easement along road nght of way on map If apphcable
and provide standard utJ!lt) easement note
---1~ Pro\ Ide note for Clt) ofYelm sewer easement. a copy of\vhlch IS provIded
~ \cldress note should ll1clude ZIp code
)61
fi
~
~
20)
Final Plat Comments
Prairie Wind Estates
Lll1e 3 on map does not match. Correct lll1e three to match lot closure
South hne of lot 4 has beanng dIfference on lot closure
Add d1l11enSlOn on south lll1e of lot 3 and 4 for tract "B" Add dm1enslOn for
east lme of tract "B"
Dlll1enslOn south and east lll1e of tract "C"
ProvIde lot closures for boundary of plat and closure for road center lInes
~~ Of THE p~~
:-.<v /4-'\
~ ~
FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX. 360-458-4348
/i:
To: IltIV'--
Fax #: -15B -<64-/1
Date: 1-/~/ 0 /
Pages: ~ 1, mcluding t:h1s cover sheet.
From: ~+11/L
Subject:
~JI()uJ 1t1j tS fIt'C..- df~ S/4j2 (epad 4-
COMMENTS fit c- "'; ,4hr" t {,{ er~ j- Ie Ite-/ +0 DO"'-1 (('leU rLt '7
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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
ds.'c '-office'Jorms'.Jax 3
Date April 30, 2001
To Planning Commission
From Cathie Carlson, Community Development Director
Re Final Plat for Prairie Winds (formerly Cullens Estates) SUB-01-8278-YL
Background
The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project
on July 14, 2000 The project has been under construction for the last year and the applicant filed a
completed application for final plat on April 12, 2001
Applicant: Rainier General Development
Proposal 24 - Lot, Final Plat Approval for Prairie Winds
Location The project site is located on the west side of Cullens Road just north of the Cullens Road
and Coates Ave intersection
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.
3
4
5 The applicant provides the City with an executed Assigned Savings Account
Agreement for $
Conditions of Approval
~
U The proponent shall connect to the City's S T E.P
System There is an existing 2" line at the
C)
LV
adjacent property to the south A connecting four inch line shall be extended across the
frontage of the property and across the frontage of Lot 1 of SS 8119 The S T E P System
shall be designed to City standards The applicant shall submit final civil plans to the
Community Development Department for review and approval
Completed,
The three on-site septic systems and drainfields shall be abandoned to Thurston County
Health Department standards and the residences shall be connected to the City's S T E. P
System The applicant shall be responsible for all cost incurred from the abandonments and
the new ;:,n~io:;, 5 + 7 Of- ufLr -Iv Po;
Two Sewer ERU hook-ups have been prepaid for this site ERU connection fees inside the
LID are divided into two methods of payment. The LID assessment fee of $1823 15 per
ERU is paid on an annual basis for 15 years and the balance of the connection fee, $2,480
(fee subject to change) is payable at time of building permit issuance The LID assessment
attached to this property is $36,463 00 At final plat, the assessment will either need to be
paid in full or segregated among the developed lots The City is currently establishing LID
segregation policy details
Water
~ The Proponent shall connect to the City's water system There is an existing 8" water line
V located on the adjacent property to the south The line shall be extended across the property
frontage of the development site and across the frontage of Lot 1 of SS 8119 The on-site
water system shall be designed to City standards The applicant shall submit final civil plans
to the Community Development Department for review and approval
@
f)
Completed The applicant has submitted a bill of sale for the improvements that
will be recorded with the final plat.
Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons
per day and are currently charged at a rate of $1 ,OOO/ERU (subject to change) inside city
limits This fee is payable at time of building permit issuance
Fees for hook-up are collected at the time of building permit issuance,
The applicant shall decommission the on-site well pursuant to DOE standards The property
owner shall sign a Water Rights Dedication Agreement.
5 b- -dt- & cfl<- / df"" -/0
u~
Page 2 of 6
(j)
The applicant shall connect the existing residences on Lots 1 and 3 of SS 8119 to the City
Water System All costs incurred with the connection shall be the responsibility of the
applicant ~ Jk 5' (J1^- L--dfd fr, DJ;
Ill{
All open space areas and planting strips shall have an irrigation system with a separate
water meter(s) The applicant shall submit final civil plans to the Community Development
Department for review and approval
Completed,
Stormwater
9 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 The applicant shall compile a final storm water report along
with construction drawings
Completed,
e
The applicant shall submit a storm water operation and maintenance plan to the Public
Works Department for approval prior to final plat approval
Completed
11 The stormwater system shall be held in common by the Homeowners The Homeowners
Agreement shall include provisions for the assessment of fees against individual lots for the
maintenance and repair of the stormwater facilities
Completed, The Homeowners Agreement will be recorded with the final plat,
Transportation
12 The street design for the project is a local access residential and shall be included on civil
plans The applicant shall submit final civil plans to the Community Development Department
for review and approval
Completed,
13 The applicant shall be responsible for half-street improvements along the frontage of Cullens
Street. The frontage improvements include lane improvements, curb, planter strip, sidewalk,
landscape and storm drainage The Cullens Road street section is "neighborhood collector"
Completed, The applicant has submitted a warranty agreement for the
improvements that will be recorded with the final plat.
Page 3 of 6
14 "Road B" shall be labeled on the final plat map as a future street connection to the adjacent
properties
Completed,
Q
The applicant shall construct a driveway to City standards for tax parcel #317123110500
The driveway and driveway approach shall be located on "Road A" as shown and included on
the final civil drawings
Completed,
Fire
C3'
The applicant shall submit fire flow calculations for existing hydrants All hydrants must meet
minimum City standards
Completed,
17 The applicant shall submit a fire hydrant plan to the Community Development Department for
review and approval
Completed,
Open Space
18 Tracts A, B, and C shall be preserved as community open space and held in common by the
property owners The applicant shall submit a Homeowners Agreement to the Community
Development Department for review and approval The Homeowners Agreement shall
include provisions for the maintenance and operation of the open space tracts
Completed,
19 The applicant shall submit a final improvement plan for the open space The plan shall
demonstrate compliance with Chapter 14 14 050
Completed,
Setbacks
20 Front yard setbacks shall be those of the underlying district: 15 feet for the house and 20 feet
for the garage Front yard setbacks shall comply with the variation requirement of Chapter
1761
21 To comply with the variation requirement of Chapter 1761, the rear yard setbacks for Lots 17
thru 20 shall be reduced from 25 feet to 20 feet.
Page 4 of 6
Landscaping and Buffer Area
22 The protection and maintenance of the Type I, 15 foot buffer along the western property line
shall be provided for in the Homeowners Agreement.
Completed
23 The applicant shall submit a final landscaping and irrigation plan for Tracts A, Band C, for
the street planters strips and the buffer along the western property line
Completed,
Environmental
24 The applicant shall comply with the mitigation of the MONS issued on May 10, 2000
Mitigation includes
a. The applicant shall mitigate transportation impacts based on the new p m peak hour
trips generated by the project. The Transportation Facility Charge (TFC) shall be
based on 0 60 new p m peak hour trips per townhouse unit. The proponent will be
responsible for a TFC of $450 00 per townhouse unit which is payable at time of
building permit.
b Trees along the western property line within the required 15' buffer shall be protected
during construction with construction fencing
Completed
c The proponent shall enter into an agreement with the Yelm School District to mitigate
project impacts to the school district.
Subdivision Name and Property Addresses
25 The applicant shall submit another subdivision name The City will forward the name to the
Thurston County Records Department for approval
Completed,
26 Prior to the submission final plat application, the applicant will provide the Building
Department with a plat map for addressing
Completed,
Page 5 of 6
General Public Works
(3)
Per the City of Yelm's Development Guidelines street lighting and interior street lighting will
be required
Completed,
28 The applicant shall submit a grading plan to the Community Development Department for
review and approval prior to anyon-site grading
Completed,
Page 6 of 6
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fees paid
Receipt No . ---------
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comp\e\ed:
Date
Signature
Meter Reading'
crrY Of YELM
YELM, WASHING10N
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~;l,~ ;;;1 '," ': -,;~ 'r"~>t1~~'\,',>'::-'- 'l';' ~ -;:THlfFACE OF THIS'OOCUMENT'HAS:A RED BACKGR'OUND:-.~ NOT A wHiTE;BAbKij-ROijND'::~'\ik{'("'1,;;'~~~~:~:-;~~t;'~~~~ii~tl,; '# "'\~~b,
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RECEIPT No 18438
RECEIVED
****ONE THOUSAND THREE HUNDRED FORTY DOLLARS & 00 CENTS
RECEIVED FROM
RAINIER GENERAL DEV
P O. BOX 627
RAINIER. WA 98576
446-3083
DATE REC, NO
04/26/01 18438
AMOUNT
1,340 00 CHECK
REF NO
24011
MISCELLANEOUS RECEIPT
BARB
ERU 1.000: WATER METER 300; CONS DEP 40: 01-2526.0
PRAIRIE
WIND
ESTA TES
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A PORTION OF 55-8119 THE NE 1/4, OF THE NE 1/4,
OF SECTION 24, TOWNSHIP 17 NORTH. RANGE 1 EAST. W M
PARcEL 121724110700
UNPLA TTED
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Memorandum
RECEIVED
APR 2 7 2001
tNGINt~ -~
G ~ 0 U P
117 South 8th Street
Tacoma, WA 98402
Phone (253)272-7220
Fax (253) 272-7250
jkd@cosmogrp com
DATE
April 25, 2001
TO:
CathIe Carlson @ CIty of Yelm
FROM,
I.v(\>
JIm D'Aboy ~
RE
Prame WInd (Cullens) SubdIVIsIOn
FILE
YLM.002
CC,
FIle
We have completed our reVIew of the provIded InfOrmatIOn on the above referenced proJect. Pursuant to
our reVIew, please find attached the folloWIng'
· Surveyor plat reVIew comments and redlInes.
· EngIneer reVIew comments and markup on the ArtIcles of IncorporatIOn.
· EngIneer reVIew comments on meetIng of FInal Plat CondItIOns.
The surveyor comments are pretty stralghtforward and don't really reqUIre any explanatIOn. My reVIew
of the ArtIcles of IncorporatIOn IS also pretty straIghtforward. The document seems to be a typIcal
IncorporatIOn 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 ArtIcle's of IncorporatIon for
sImIlanty, assumIng that the authors would Include what they wanted. My reVIew of the meetIng of FInal
Plat CondItIons was somewhat lImIted, due to the lack of EngIneenng Plans Included In your packet. I
assume you are happy WIth the Engmeenng Plans SInce you dIdn't Include them. If not, please call to
dISCUSS.
Please call WIth any questIOns.
Yelm Prairie Wind Subdivision Review Letter_doc
Page 1
WARRANTY 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 public 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 hereinafter set forth, and
WHEREAS, m accordance WIth the tenns of RCW 58.17 and Title 16 of the Yelm MUlllclpal
Code, the CIty has adopted subdIvision regulatIOns whIch require that all Improvements be constructed In a
manner consIstent with the City's development regulatIons,
NOW THEREFORE, to mduce the City to approve said plat and to accept the dedication of said
areas as public streets, easements and other unprovements, 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 of final plat approval, the unprovements 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 GUldelmes 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 nght to construct or cause to be constructed, repaired or replaced pursuant to public
advertisement and receipt and acceptance of bIds, said streets, utilttIes and other Improvements, as
shown on said plat, and the Owner shall be liable to pay to and indenullfy the City, upon completIon of
such constructIOn, the fmal total cosHo the City thereof, includmg but not limited to, engmeering, 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 provIsIons of this
agreement.
3 The obhgations Imposed or ImplIed by thIS agreement shall not be aSSIgned, transferred or assumed by
any person or entIty that is not a party to this agreement WIthout pnor wntten consent of the CIty
Page I of 1
IN WITNESS WHEREOF, THE OWNER has executed this agreement this _ day of
,2001
Owner
By'
CITY OF YELM
By'
Page 2 of 1
E,\officeIJOBS\2000\00-037\00-037 Warranity Agreemenl.doc
CITY OF YELM
APPLICATION TO SEGREGATE LID ASSESSMENT
PLEASE COMPLETE AND
RETURN THIS FORM TO
City of Yelm, Planning Department
105 Yelm Ave W, Yelm, WA 98597
Property Owner'
Mailing Address
City, State & Zip'
Telephone.
Original Parcels Assessment
fraxPar~[;No,) '. Amount
New Parcel
Description
Number
ofERUs
(If additional space is required, please attach the requested information on a separate sheet)
1 The undersigned holds an ownership interest in the above referenced parcel(s) located within a local
improvement district in the City of Yelm, Thurston County, Washington
2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in
accordance with the new property configuration.
3 This application for segregation of assessment is made under the provisions of 9 35 44 410 of the
Revised Code of Washington.
Applicant (please print)
Signature
Date
ASSESSMENT SEGREGATION FEE
A segregation fee is due per 835 44 410 of the Revised Code of Washington as a condition of final
map approval The fee for less than 6 new parcels is $850 For segregation requests resulting in 6 or
more new parcels, the fee is $1,000 plus $25 for each parcel over 10 parcels Please include
payment with this completed form Questions may be directed to Public Finance at (425) 885-1604
I CITY USE RECEIPT #
DATE
BY
INSTRUCTIONS FOR SEGREGATION APPLICATION
1 Please print or type all information requested on this form
2. Enter the property owner, mailing address and telephone information in the spaces provided.
3 Enter the Thurston County tax parcel number(s) for the parcels to be segregated and original
assessment amount if known If additional space is required, please attach the requested
information on a separate sheet.
4 Enter the description for each new parcel and the number of ERUs to be assigned to each parcel.
If additional space is required, please attach the requested information on a separate sheet.
5. Sign and date the application in the spaces provided.
6. Return the completed application to the City of Yelm Planning Department along with the required
segregation fee. The fee for less than 6 new parcels is $850. For segregation requests resulting
in 6 or more parcels, the fee is $1,000 plus $25 for every parcel over 10 parcels.
7 Please direct any questions to Public Finance at (425) 885-1604
RCW 35.44.410 Segregation of assessments.
Whenever any land agamst which there has been levied any special assessment by any city or
town shall have been sold m part or subdivided, the legislative authonty of that city or town shall have
the power to order a segregatIOn of the assessment
Any person desmng to have such a special assessment agamst a tract of land segregated to
apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the
legislative authonty thereof determmes that a segregatIOn should be made, It shall by resolutIOn order
the city or town treasurer to make segregatIOn on the ongmal assessment roll as directed m the
resolutIOn. The segregation shall be made as nearly as possible on the same baSIS as the ongmal
assessment was leVied, and the total of the segregated parts of the assessment shall equal the
assessment before segregatIOn. The resolution shall descnbe the ongmal tract, the amount and date of
the onglllal assessment, and sha1l define the boundanes of the divided parts and the amount of the
assessment chargeable to each part. A certified copy of the resolutIOn shall be delivered to the cIty or
town treasurer who shall proceed to make the segregation ordered upon belllg tendered a fee of ten
dollars for each tract of land for which a segregation IS to be made In addItIOn to such charge the
legislative authonty of the city or town may reqUIre as a condition to the order of segregatIon that the
person seeklllg It pay the city or town the reasonable engllleenng and clencal costs IllCldent to makmg
the segregatIon No segregation need be made If the legIslatIve authonty of the cIty or town shall find
that by such segregatIOn the securIty of the lien for such assessmcnt w1l1 be so Jcopardlzed as to
reduce the seeunty for any outstanding local Improvement dlstnct obligations payable from such
assessment [1969 cx s. c 258 ~ 10 I
WATER RIGHTS DEDICATION AGREEMENT
THIS Water Rights Dedication Agreement (the "Agreemene) is entered into
as of the _ day of , 1994, by and between
("Grantor") and the City of Yelm, a Washington municipal corporation ("Grantee")
Recitals
A. Grantor owns certain water rights, the legal description of which is attached
as Exhibit A hereto and by this reference incorporated herein Such water rights together
with all easements, rights of way, pipelines, pumps and other appurtenances and
component parts used in connection with and for the beneficial use and enjoyment of
the properties of Grantor are referred to collectively herein as the "Water Rights"
B Such Water Rights are appurtenant to the real property described in Exhibit
B attached hereto and by this reference incorporated herein Such real property is
referred to herein as the "Appurtenant lands"
C Grantor agrees, as a condition of a certain approval of development by
Grantee, to transfer, convey and dedicate such Water Rights to the Grantee
D This Agreement is entered into pursuant to and subject to the terms of
RCW 90 44100
Aqreement
NOW, THEREFORE, the parties agree as follows
1 Dedication of Water Riqhts Subject to the terms and conditions of
this Agreement, Grantor hereby agrees to transfer, convey and dedicate the Water Rights
to Grantee. The Grantee is hereby authorized and agrees to detach the Water Rights
from the Appurtenant lands herein described and change them to include municipal
use. The Grantee is also authorized and agrees to change the point of diversion and
means of conveyance of the water of said Water Rights to any location that may be
designated by the Grantee, and to file the necessary applications and documents with
the Washington State Department of Ecology to make such changes Any order or
decree of the said Department or confirmation of same by a Court is hereby acquiesced
in by the Grantor, and it shall be binding upon the said Grantor, his successors and
assigns Grantor agrees to cooperate with Grantee in obtaining any such changes,
WATER RIGHTS DEDICATION
AGREEMENT - 1
C.WvP51 \51 \JHB\WATERAGR
including, without limitation, signing any applications or other documents which may be
reasonably required
2. Closinq and Closinq Costs
2.1 The closing of the purchase of the Water Rights shall take
place at the offices of in Yelm, Washington (the IlEscrow
Agentll) Closing shall take place no later than two (2) years after the date this
Agreement is executed, unless such time is extended by agreement of the parties in
writing prior to its expiration Grantee and Grantor agree to deposit with the Escrow
Agent in a timely manner, to enable the Closing to occur at such time, all documents
required of them pursuant to Subsection 22 below IICloslngll, IlClosing Datell or IIDate
of Closingll as those terms are used herein shall mean the date upon wh\ch all
documents are recorded and monies paid to complete the purchase contemplated
herein
2.2 At Closing, Grantor shall deliver title to the Water Rights to
Grantee by statutory warranty deed, and shall further execute and deliver to Grantee
such other documents as may be necessary or appropriate to deliver to Grantee title to
the Water Rights Grantor shall also deliver at Closing an affidavit pursuant to Section
1445 of the Internal Revenue Code of 1986, as amended Grantee shall be entitled to
possession and use of the Water Rights immediately upon Closing If requested by
Grantee, Grantor will execute, at Closing, a rental agreement for the period of Grantor's
possession and use of the Water Rights after Closing, in a form provided by Grantee,
but without the requirement to pay any rent for up to _ days after Closing
2.3 Grantee shall pay all escrow costs and other customary
closing costs for both Grantee and Grantor All rents, taxes and other expenses
associated with the Water Rights shall be prorated as of the date of Closing
3 Risk of Loss Grantor shall deliver the Water Rights to Grantee in the
same condition existing as of the date hereof Risk of loss, abandonment, non-use or
diminution of the Water Rights shall be borne by Grantor until the Date of Closing
Thereafter, Grantee shall bear such risk. In the event of loss, abandonment, non-use or
diminution of the Water Rights, or a portion thereof, prior to the Date of ClOSing, Grantee
may elect to terminate this Agreement or may elect to purchase the Water Rights to the
extent existing on the Date of Closing
4 Continqencies
4 1 Grantee's Conditions Grantee's obligations under thiS
Agreement are subject to and contingent upon the following conditions
WATER RIGHTS DEDICATION
AGREEMENT - 2
C'W.jP51 \51 \JHB\WATERAGR
4 1 1 Grantor furnishing one (1) copy of a sketch map or any
other map showing the point of withdrawal, general layout of system and the point of
use, as well as the point of diversion of the Water Rights involved and Grantor providing
copies of all correspondence, certificates and other documents relating to the Water
Rights, whether from or to Grantor or any third party, and whether or not produced by
Grantor The items to be depicted on said map shall be shown with reasonable
accuracy within the proper legal subdivision, section, township and range.
4 1 2 Grantor cooperating with and assisting Grantee in the
preparation, documentation, processing and review of the Application for Change of
Water Right to be submitted by Grantee to the Washington State Department of Ecology
Grantor agrees to avoid any interference with the processing or approval of such
Application
4 1 3 This Agreement is contingent upon the approval by the
Washington State Department of Ecology of the Application for Change of Water Right
to be submitted by Grantee, including, without limitation, approval of Grantee's proposed
change of use and point of diversion and use, confirmation and approval of the quantity
of water subject to the Water Rights, and confirmation of the priority date of the Water
Rights
If any condition specified in this Section 4 1 is not met on the Closing Date, Grantee may
waive the requirement that the condition or conditions be met by completing this
transaction, or Grantee may terminate this Agreement without any further liability on the
part of Grantee.
42. Grantor's Conditions Grantor's obligations under this
Agreement are subject to and contingent upon Grantee's timely performance of its
obligations hereunder and the payment of any costs and the delivery of any documents
and instruments required by the terms of this Agreement to be paid by or delivered by
Grantee.
5 Notices All notices to be given by each party to the other pursuant
to this Agreement shall be delivered in person or by facsimile, or deposited in the United
States Mails, postage prepaid, by certified or rer"Jistered mail, return receipt requested
and addressed to the parties at the addresses specified beneath their signatures below
Notices delivered by facsimile shall be deemed to have been given upon telephone
confirmation of receipt. Notices sent by mail shall be deemed to have been given and
delivered upon receipt if hand delivered or three (3) days after being properly mailed if
mailed and the postmark affixed by the United States Post Office shall be conclusive
evidence of the date of mailing Any party, by written notice to the other(s) as above
WATER RIGHTS DEDICATION
AGREEMENT - 3
C'\WP51 \51 \JHB\WATER.AGR
described, may alter the address for receipt by it and its agents of written notices
hereunder
6 Time of Essence Time is strictly of the essence in this Agreement,
and the parties hereto shall be bound to the timely performance of the provisions
contained herein
7 Succession The terms, conditions, covenants and agreements
contained herein shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto
8 Covenants and Warranties. Grantor hereby acknowledges,
covenants, represents and warrants as of the date hereof and as of Closing that: (a)
Grantor is the owner in fee of the Water Rights, (b) Grantor's title is subject to no
encumbrances, defects or exceptions, (c) Grantor will not hereafter enter into any
contract or create any obligation which will bind Grantee as a successor in interest with
respect to the Water Rights, (d) Grantor is not aware of any material defect in the Water
Rights, (e) the Water Rights are valid and in full force and effect; (f) the Water Rights
have been used continuously, without any material interruption in use, since
, (g) Grantor is not aware of any act or omission on its part with respect
to the use or registration of the Water Rights which could result in the loss,
abandonment, or diminution in such Water Rights, (h) Grantor will use its best efforts to
cause the conditions set forth in Section 4 1 and 4 2 above to be satisfied, and (i) all
sketches, documents, materials and information provided by Grantor shall be true and
correct in all material respects and shall not fail to include any material information
regarding the Water Rights Grantor further represents and warrants that Grantor has
not disposed of or released any hazardous substances or hazardous wastes on, from
or under the Appurtenant Lands and there is no presence of, nor have there ever been
any disposals, releases or threatened releases of hazardous substances or hazardous
wastes on, from, or under the Appurtenant Lands The terms IIdisposal, II IIrelease, II
"threatened release, II IIhazardous substances, II and IIhazardous wastesll shall have the
definitions assigned to such terms or any similar terms by the Federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended, the
Washington Model Toxics Act, as amended, or any other applicable law, rule or
regulation relating to the environment, health or safety Grantor further represents and
warrants that neither the Grantor nor his successors or assigns shall, at any time in the
future, file any adverse claim or institute any proceedings in law or equity attaching
adversely, or in any manner whatsoever, the equities, right, title or interest of any of the
Water Rights herein referred to and for which it is hereby agreed that the Grantor has
received full and adequate compensation All warranties set forth in this Section 8 shall
survive the Closing and Grantor shall defend, indemnify and hold Grantee harmless from
any breaches thereof, including costs and attorneys' fees
WATER RIGHTS DEDICATION
AGREEMENT-4
C:\WP51 \51 \JHB\WA TERAGR
9 Utiqation Expenses In any controversy, claim or, dispute alleging
a breach of this Agreement, the prevailing party shall be entitled and awarded, in
addition to any other relief, to a reasonable sum as litigation expenses (including
reasonable attorneys' fees), including any expenses incurred in any appeal or in any
bankruptcy or receivership proceeding
10 Entire Agreement. This Agreement contains the entire understanding
between the parties hereto No variations, modifications, or changes herein shall be
binding upon any party hereto unless set forth in a document duly executed by or on
behalf of such party
11 Governinq Law This Agreement and the obligations of the parties
hereunder shall be interpreted, construed, and enforced in accordance with the laws of
the State of Washington
12. Commissions Each party hereby agrees to indemnify and hold the
other harmless from and against any and all fees, commissions, costs, expenses
(including attorney's fees), obligations and causes of action arising against or incurred
by the other party by reason of any claim for a real estate commission or a fee or
finder's fee by reason of any contract, agreement or arrangement with the indemnifying
party
IN WITNESS WHEREOF, the parties have executed this Water Rights
Dedication Agreement as of the date and year first written above.
GRANTOR.
Grantee
CITY OF YELM
By'
Its
Address
Address
c/o Shelly Badger
City Administrator
City of Yelm
POBox 479
Yelm, WA 98597
WATER RIGHTS DEDICATION
AGREEMENT-5
c "\Vv'P 51 \51 \JHB\WATERAGR
WATER RIGHTS DEDICATION
AGREEMENT-6
C'W.'P51 \51 \JHB\WA TER.AGR
EXHIBIT "A"
Legal Description
EXHISIT IISII
Legal Description of Appurtenant Lands
WATER RIGHTS DEDICATION
AGREEMENT-?
C'\WP51 \51 \JHB\WA1EtAGR
LETTER OF CREDIT AND ASSIGNlVIENT
This letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20 040 of the
Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in
the Agreement attached hereto 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 Savings Account No. in
, in the name of Wlth
full power and authority to demand, collect, and receive said deposit for the use and purpose of completing the required
improvements and repairs described in said Agreement not completed by
pursuant to said agreement.
It is understood and agreed that Holds the certificate covering said account in its
possession and agrees to hold the sum of $ therein until release or partial release of this Assignment is
received from the City of Yelm 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.
DATED this
day of
.20_
Developer
ATTEST
BY
Secretary
The undersigned hereby confirms the deposit of S ill Savings Account No
in accordance with the terms set forth herein and agrees to administer said
account as provlded herem above until all such funds are released by the City of Yelm.
ATIEST
FinancIal InstItution
BY
TITLE
THURSTON COUNTY
lI!Io\t...lQltlI.,."19:~R:IA>.:'fI!I!IKm 1fii"'lC'J~f.il!I
SI:'\CE IS;'::
PATRICIA COSTELLO
Assessor
OFFICE OF THE ASSESSOR
MEMORANDUM
Date Apnl 17 2001
To
From.
SubJect.
o
~
Thank yOll
33
CIty of Yelm
AttentIOn Cathie Carlson
~ancy RIchards (6bO) i 54. - 33 5S ~'j. fD3S 7
PRAIRIE WIND EST A TES
I do not have comments about thIS proJect and approve It as submItted.
SIgnature
My comments are as follows
o Please put acreage or square feet on each lot.
D SItus address needed, mcludmg CIty and ZIp code
o Only Fmal ProJects are reviewed. Prehmmary Proposal is premature
o Lot closure needed pnor to recordmg.
o Map IS unacceptable Standard, full-Size bluelme map reqUIred.
o Please mform the apphcant that deed(s) \vl11 need to be recorded between
palileS for portIOn(s) bemg conveyed.
o Parcels are under the Open Space/Forest Tax Program Pnor to recordmg.
please have the appl1cant/owner contact a Customer Service AppraIser m
the Assessor s Office at (360) 786-5410
o Please mfom1 the apphcant that taxes must be current There are
delmquent ta\.e<; on Parcel #
JZ] Other' Please make all parcel lines solId.
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(i!1(1) 7"h-~cf 10 ! '\ \: (i(1L!) 7~4 2')~, TI 111 (ih('i) 7~+2')i j
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ARTICLES OF INCORPORATION
OF
PRAIRIE WIND ESTATES HOMEOWNERS ASSOCIATION
THURSTON COUNTY, WASHINGTON
In complIance WIth the requuements of24 03 RCW, the undersIgned, reSIdent of the State of
Washmgton and who IS of full age, has thIs day voluntarily assocIated for the purpose of formlllg
a corporatIOn not for profit and does hereby certIfy-
Article I
The name of the corporatIOn IS PraIne Wind Estates Homeowners ASSocIatIOn, hereafter called
the "ASSOCIatIOn."
ArtI cle II
The pnncIpal office of the AssOcIatIOn IS located at 103 Rochester Street W., RaImer,
Washmgton 98576
ArtIcle III
RaImer General Development, Inc whose address IS POBox 627, RaImer, Wash. 98576
ArtIcle IV
PURPOSE AND POWERS OF THE ASSOCIATION
ThIS ASSOcIatIOn does not contemplate pecumary gam or profit to the Members, and the specIfic
purposes for whIch It IS formed are to provIde for preservatIOn and arc tural control of the
resIdentIal lots and mamtenance and preservatIOn of the Common a~ the Storm Dramage
Syst~ the street lIghts, and to promote the health, safety and lfar fthe reSIdents wIthm
the ~escribed property and any addItIOns thereto as may hereafter be brought wIthm the
JunsdIctIOn of thIS ASSOCIatIOn for tills purpose to
c
(a) ExerCIse all of the powers and pnvIleges and to perform all ofthe dutIes and oblIgatIOns of
the ASSOCIatIOn as set forth m that certam DeclaratIOn of Covenants, CondItIOns and
RestnctIOns, heremafter called the "DeclaratIOn", applIcable to the property and recorded
m the Office of the AudItor ill and for Thurston County Washmgton and as the same may
be amended from tIme to tlme as therem prOVIded, SaId DeclaratIOn bemg mcorporated
herem as If set forth at length,
(b) fix, levy, collect and enforce payment by any lawful means, all charged or assessments
pursuant to the terms of the DeclaratIOn, to pay all expenses mCIdent to the conduct of the
busmess of the ASSOCIatIon, mcludmg all lIcenses, taxes or governmental charges levIed or
Imposed agamst the property of the AssocIatlOn,
(c) acqUIre (by gIft, purchase or otherwIse), own, hold, Improve, bUIld upon, operate, mamtam,
convey, sell, lease, transfer, dedIcate for publIc use or otherwIse dIspose of real or
personal property ill connectIOn WIth the affaIrs of the ASSOCIatIOn,
(d) borrow money, and WIthIn the assent of two-thIrds (2/3) of each class of Members,
mortgages, pledge, deed m trust, or all of ItS real or personal property
as secunty for money borrowed or debts mcurred,
(e) dedIcate, sell or transfer all or any part of the Common Area to any publIc agency,
authonty, or utIlIty for such purposes and subJect to such condItlons as may be agreed by
the Members. No such dedIcatIOn or transfer shall be effectIve unless an mstrument has
been SIgned by two-trnrds (2/3) of each class of Members, agreemg to such dedIcatIOn,
sale or transfer;
(f) have and to exerCIse any and all powers, nghts and pnvIleges whIch a corporatIOn
orgamzed under the Non-Profit CorporatIOn Law of the State ofWasrnngton by law now or
hereafter may have or exerCIse
(g) In the event Project Proponent, successors or the Homeowners ASSOCIatIOn m the
Judgement of The CIty ofYelm, falls to mamtam dramage facilItIes wIthm the plat, or If the
Proponent, successors or, the Prame Wind Estates Homeowners AssocIatlon WIllfully or
aCCIdentally reduces the capaCIty of the dramage system or renders any part of the dramage
system unusable, the Proponent, successors or Prame Wind Estates Homeowners
ASSOCIatIOn agree to the followmg remedy After 30 days notIce by regIstered maIl to the
Proponent, successors or Homeowners ASSOCIatIOn, JunsdIctIOn 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 present owner of the dramage tracts for all costs assocIated
WIth the engmeenng and constructIOn of the remedIal work, The CIty ofYelm may charge
mterest as allowed by law from the date of completlon of constructIOn. The CIty ofYelm
WIll place a lIen on the property and/or on lots m e wmd Estates Homeowners
AssocIatlOn for payments m arrears Costs or fees mcurre by the JunsdIctIOn, should legal
actIOn be reqUIred to collect such payments, shall be borne the present owner of the
dramage tracts lots Proponent, successors or Prame ~md ~ ates Homeowners
AssocIatlOn. -
ThE
ARTICLE V
MEMBERSHIP
Every person or entlty who IS a record owner of a fee or undIvIded fee mterest m any lot,
wluch IS subJect by covenants for record to assessment by the AssocIatIOn, mcludmg contract
purchasers, shall be Members of the AssocIatIOn. The foregomg IS not mtended to mclude
persons or entItIes who hold an mterest merely as secunty for the performance of an oblIgatIOn.
MembershIp shall be appurtenant to and may not be separated from ownerslup of any Lot WhICh
IS subJect to assessment by the ASSocIatIOn.
ARTICLE VI
VOTING RIGHTS
The ASSocIatIOn shall have two classes of votmg memberslup
Class A. Class A Members shall be all Lot Owners, WIth the exceptIOn Ofri/. I
Declarant, and shall be entItled to one vote for each Lot. When more than one person hold an'"
mterest m any Lot, all such persons shall be members. The vote for such Lot shall be exe IseCl
as they determme, but m no event shall more than one vote be cast WIth respect to any Lot.
Class B The Class B Member shall be the Declarant (as defined m the
DeclaratIOn or successors to Declarant), and shall be entItled to three (3) votes for each Lot
owned. The Class B memberslup shall cease and be converted to Class A Memberslup on the
happemng of eIther of the followmg events, wluchever occurs earlIer;
(a) when the total votes outstandmg m the Class A memberslup equal the total
votes outstandmg m the Class B membershIp, or
(b) on December 31, 2002
ARTICLE VII
BOARD OF DIRECTORS
The affaIrs of thIS AssocIatIOn shall be managed by a Board of two (2) who need
not be Members of the ASsocIatIon. The number of Dlfectors may be changed by amendment of
the By-Laws of the ASSOcIatIOn. The names and the addresses of the persons who are to act m
the capacIty of DIrectors untIl the selectIOn of the successors are
NAME ADDRESS
Douglas R. Bloom PO Box 627
RaImer, W A 98576
Barry R. Bndges PO Box 627
RaImer W A. 98576
At the first annual meetmg the Members shall elect two DIrectors for a term of one year,
two DIrectors for a term of two years and one Duector for a term of three years, and at each
annual meetmg thereafter the Members shall elect one DIrector for a term of three years for each
DIrector whose term of office expIres at such tlme
ARTICLE VIII
DISSOLUTION (bt&
The aSSOelatlOn may be dIssolved wIth !he assent g1 vLnnng and sIgned by not less
than two thIrds (2/3) of the members. Upon dISsolutIOn ofthZ~~~~cIatIOn, other than mCIdent to
a merger or consolIdatIOn, the assets of the AssocIatIOn shall dedIcated to an appropnate publIc
agency to be used for the purposes sImilar to those for wmch tlus ASSOCIatIOn was created. In
the event that such dedIcatIOn IS refused acceptance, such assets shall be granted, conveyed and
assIgned to any non-profit corporatIOn, assocIatIOn, trust or other organIzatIOn to be devoted to
such sImIlar purposes.
ARTICLE IX
DURATION
The CorporatIOn shall eXIst perpetually
ARTICLE X
AMENDMENTS
Amendment of these ArtIcle shall reqUIre the assent of seventy-five percent (75%) of the
entIre membershIp
ARTICLE XI
FRAN A APPROVAL
As long as there IS Class B membershIp, the followmg actIOns wIll reqUIre the pnor
approval of the Federal Housmg AdmImstratIOn or the Veteran's AdmImstratIOn. annexatIOn of
addItIOnal propertIes, mergers and consolIdatIOns, mortgagmg of Common Area, dIssolutIOn and
amendment of these ArtIcles.
ARTICLE XII
INCORPORATOR
The name and address of the mcorporator IS Ramler General Development,
POBox 627, RaImer, Wash. 98576
IN WITNESS WHEREOF, for the purpose offorrmng thIS corporatIOn under the laws of
the State ofWashmgton, I, the underSIgned, constltutmg the mcorporator ofthIs AssocIatIOn,
Have executed these ArtIcles of IncorporatIOn thIS day of 20
Douglas R. Bloom
STATE OF WASHINGTON)
Ss.
COUNTY OF THURSTON)
THIS IS TO CERTIFY that on thIS day of ,20 before
me, the underSIgned, a Notary PublIc m and for the State ofWashmgton, duly commISSIOned,
sworn and qualIfied, personally came Douglas R. Bloom known to be the mdIvIdual described m
and who executed the wIthm and foregomg ArtIcles of IncorporatIOn, and acknowledged to me
that he, sIgned and sealed the same as hIS free and voluntary act and deed, for the uses and
purposes therem mentIOned.
WITNESS MY HAND AND OFFICIAL SEAL the day and year first above wntten.
\
NOTARY PUBLIC m and for the
State ofWashmgton, resIdmg at
BY -LAWS
Of
PRAIRIE WIND ESTATES HOMEOWNERS ASSOCIATION
ARTICLE I
The name of the corporatIOn IS PRAIRIE WIND ESTATES Homeowners ASSOcIatIOn,
hereafter referred to as the "ASSocIatIOn." The pnncIpal office of the corporatIOn shall be located
at 103 Rochester Street W , RaImer, Washmgton 98576 or at such other locatIOn as may be
determmed by the Board of DIrectors, but meetmgs of members and dIrectors may be held as
such places wItlun the State ofWaslungton, County of Thurston, as may be deSIgnated by the
Board of DIrectors
ARTICLE II
SectIOn 1 "AssocIatIOn" shall mean and refer to PRAIRIE WIND EST A TES
Homeowners AssocIatIOn, ItS successors and aSSIgns.
SectIOn 2 "PropertIes" shall mean and refer to that certam real property described m
the DeclaratIOn of Covenants, CondItIons and RestnctlOns, and such addItIOns thereto as may
hereafter be brought wIthm the JunsdIctIOn of the ASSOCIatIOn.
SectIOn 3 "Common Area" shall mean all real property owned by the ASSOCIatIOn
for the common use and enjoyment of the Owners.
SectIOn 4 "Lot" shall mean and refer to any plot of land shown upon any recorded
subdIVIsIon map of the propertIes WIth the exceptIOn of the Common Areas
SectIOn 5 "Owner" shall mean and refer to the record owner, whether one or more
persons or entItIes, of the fee SImple tItle to any Lot WhICh IS part of the PropertIes, mcludmg
~ purchasers, but excludmg those havmg such mterest merely as secunty for the
<- _~~~~ance of an oblIgatlOn.
~
S ctIOn 6. "Declarant" shall mean and refer to Douglas R. Bloom and Barry R.
Bnda s} Ir successors and aSSIgns, If such successors or aSSIgns should acqUIre more than one
unde ed Lot from the Declarant for the purpose of development.
SectIOn 7. "DeclaratIOn" shall mean and refer to the DeclaratIOn of Covenants,
CondItIons and RestnctIOns applIcable to the PropertIes.
SectIOn 8 "Member" shall mean and refer to those persons entItled to membershIp as
prOVIded m the DeclaratIOn.
ARTICLE III
Se tIon 1. - Annual Meetmas. The first annual meetmg ofthe Members shall be held
wIthm 0 (1) year from the date ofmcorporatIOn of the ASSOCIatIOn and each subsequent
regular ual meetmg of the Members shall be held dunng the same calendar month of each
yea there after on such day and hour as may be determmed by the Board of DIrectors.
MEETING OF MEMBERS
SectIOn 2. - SpecIal Meetmgs SpecIal meetmgs ofthe Members may be called at any
tlme by the PreSIdent, Treasurer or by two~ Mmb fthe Board of DIrectors, or upon wntten
request of the Members who are entItled to v /en ercent (10%) of all the votes of the Class A
MembershIp
SectIOn 3. - NotIce ofMeetmgs. NotIce and conduct ofmeetmg shall be as prOVIded m
RCW 64.38 035
SectIOn 4. - Quorum. A quorum shall be as prOVIded m RWC 64.38 040 If, however,
such quorum shall not be present or represented at any meetmg, the Members entItled to vote
attendmg shall have the power to adJourn the meetmg from tIme to tIme, WIthout notIce other
than the announcement at the meetmg, untIl a quorum as prOVIded shall be present or be
represented.
SectIOn 5. - ProxIes. At all meetmgs of Members each Member may vote m person or by
proxy All proxIes shall be m wntmg and filed WIth the Secretary Every proxy shall be
revocable and shall automatIcally cease upon conveyance by the Member on hIS Lot.
ARTICLE IV
BOARD OF DIRECTORS. SELECTION & TERM OF OFFICE
SectIOn 1. - Number The affmrs of thIS ASSOCIatIOn shall be managed by a Board of
five (5) DIrectors, who are Members of the ASSOCIatIOn or desIgnated by Declarant.
SectIOn 2. - Term of Office. At the first annual meetmg the Members shall elect two (2)
DIrectors for a term of one (1) year, two (2) DIrectors for a term of two (2) years and one (1)
DIrector for a term of three (3) years, and at such annual meetmg thereafter the Members shall
elect one (1) DIrector for a term of three (3) years for each DIrector whose term of office expIres
at such tIme
SectIOn 3 - Removal. Any Duector may be removed from the Board, wIth or wIthout
cause by a maJonty vote ofthe Members of the ASSOCIatIOn at a meetmg at WhICh a quorum IS
present. In the event of death, reSIgnatIOn or removal of a DIrector, hIS successor shall be
selected by the remammg Members of the Board and shall serve for the unexpIred term oflus
predecessor
SectIOn 4. - CompensatIOn. No DIrector shall receIve compensatIOn for any servIce he
may render to the AssocIatIOn.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
SectIOn 1. - NommatIOn. NommatIOn for electIOn to the Board of Dlfectors shall be
made by a Nommatmg CommIttee NommatIOns may also be made from the floor at the annual
meetmg. The Nommatmg CommIttee shall conSIst of a ChaIrman, who shall be a Member of the
Board ofDlfectors, and two or more Members of the ASSOCIatIOn. The Nommatmg CornmIttee
shall be appomted by the Board ofDuectors pnor to each annual meetmg of the Members, to
serve from the close of such annual meetmg and such appomtment shall be announced at each
annual meetmg. The Nommatmg CommIttee shall make as many nommatIOns for electIOn to the
Board of DIrectors as It shall m Its dIscretIOn determme, but not less than the number of
vacanCIes that are to be filled. Such nommatIOn may be made from among Members or non-
M~~. ~
SectIOn 2. - ElectIon. ElectIOn to Board of DIrectors shall be'c~t wntten ballot. At
such electIOn the Members or theIr prOXIes may cast, m respect to each vacancy, as many votes
as they are entItled to exerCIse under the provlSlon of the DeclaratIOn. The persons receIVmg the
largest number of votes shall be elected. CumulatIve votmg IS not permItted.
ARTICLE VI
MEETING OF DIRECTORS
SectIOn 1 - Regular Meetmgs. Regular meetmgs of the Board of DIrectors shall be held
every other month WIthout notIce, at such place and hour as may be fixed from tIme to tIme by
resolutIOn of the board. Should saId meetmg fall upon a legal holIday, then that meetmg shall be
held at the same tIme on the next day wrnch IS not a legal holIday
SectIOn 2. - SpecIal MeetIng. SpecIal meetmgs of the Board of DIrectors shall be held
when called by the PresIdent or Secretary of the AssocIatIOn, or by any two dIrectors, after not
less than three (3) days notIce to each Drrector
SectIOn 3. - Quorum. A maJonty of the number ofDuectors shall constItute a quorum
for the transactIOn of bus mess Every act or declSlon done or made by a maJonty of the
DIrectors present at a duly held meetmg at WhICh a quorum IS present shall be regarded as the act
of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
SectIOn 1. - Powers. The Board of DIrectors shall have power to
(a) adopt and publIsh rules and regulatIOns governmg the use of the Common
Area and facIlItIes, and the personal conduct of the Members and theu guests thereon, and to
establIsh penaltIes,
(b) suspend the votmg nghts of a Member dunng any pe
Member shall be m default m the payment of any assessment levIed by the.
nghts may also be suspended after notIce and heanng, for a penod not to
for mfractIOn of publIshed rules and regulatIOns,
E)<c.CtSO
a m wrnch such
ssocIatIOn. SUtyh .
SIXty (60) s
.J
(c) exerCIse for the ASSOCIatIOn all powers, dutIes and authonty vested m or
delegated to thIS ASSOCIatIOn and not reserved to the membershIp by other prOVIsIons of these
By-Laws, the ArtIcles of IncorporatIOn or by DeclaratIOn,
(d) declare the office of a Member of the Board of DIrectors to be vacant m
the event such Member shall be absent from three (3) consecutIve regular meetmgs of the Board
of DIrectors, and
(e) employ a manager, bookkeeper, accountant or an mdependent contractor,
or such other employees as they deem necessary, and to prescribe theIr dutIes
SectIOn 2. - DutIes It shall be the duty of the Board of DIrectors to
(a) keep a complete record of alllts acts and corporate affairs and to present a
statement thereof to the Members at the annual meetmg of the Members, or at any specIal
meetmg'
(b) supervIse officers, agents and employees of thIs AssocIatIOn, and to see
that theIr dutIes are properlY"iilfl3WC -
PE"efORl7\E:.D
(c) appomt an ArchItectural Control CommIttee;
(d) as more fully provIded m the DeclaratIOn, to,
(1) fix the amount of the annual assessment agamst each Lot at least
thIrty (30) days m advance of each annual assessment penod, and provIde for a meetmg as
reqUIred by RCW 64.38025,
(2) send wntt
thereto at least thIrty (30) days m adv
ce of each assessment to every Owner subJect
each annual assessment penod, and
(3) foreclo e hen agamst any property for whIch assessments are
not pmd wIthm thIrty (30) days after due date or to bnng an actIOn at law agamst the Owner
personally oblIgated to pay the same,
e.J::f) Issue, or to cause an appropnate officer to Issue, upon demand by any
per~on, a certIficate settmg forth whether or not any assessment has been paId. A reasonable
charge may be made by the Board for the Issuance of these certIficates. If a certIficate states an
assessment has been paId, such certIficate shall be conclusIve eVIdence of such payment.
.-f')..rgr procure and mamtam adequate lIabIlIty and hazard msurance on property
owned by the ASsocIatIOn,
~.w cause all officers or employees havmg fiscal responsibIlItIes to be bonded,
as It may deem appropnate; and
h ~ cause the Common Area to be mamtamed and to comply wIth the
ReSIdentIal Agreement To Mamtam Stormwater FaCIlItIes, Street LIghtS.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
SectIOn 1. - EnumeratIOn of Officers The officers of thIS AssocIat~ll be a
PresIdent and VIce-PresIdent, who shall at all tImes be Members of the BO~Irectors, a
Secretary, and a Treasurer, and such other officers as the Board may, from tIme to tIme by
resolutIOn create
SectIOn 2 - ElectIOn of Officers The elec~ officers shall take place at the first
meetmg of the Board of DIrectors followmg each ~meetmg of the Members
SectIOn 3. - Term. The officers of thIS ASSOCIatIOn shall be elected annually by the
Board and each shall hold office for one (1) year unless he shall sooner resIgn, or shall be
removed, or otherwIse dIsqualIfied to serve.
SectIOn 4. - SpecIal Appomtments. The Board may elect such other officers as the
affaIrs of the AssocIatIOn may requITe, each of whom shall hold office for such penod, have such
authonty, and perform such dutIes as the Board may, from tlme to tIme, determme.
0'Th1512J.v15~
SectIOn 5. - ReSIgnatIOn and Removal. Any officer may b emoved from office WIth or
WIthout cause by the Board. Any officer may reSIgn at any tlme y gIVmg wntten notlce to the
Board, the PresIdent or Secretary Such reSIgnatIOn shall take fect on the date of receIpt of
such notIce or at any later tlme specIfied therem, and unless r specIfied therem, the
acceptance of such reSIgnatIOn shall not be necessary to make It effectIve.
SectIOn 6. - VacancIes. A vacancy m any office may be filled by appomtment by the
Board. The officer appomted to such vacancy shall serve for the remamder of the term of the
officer he replaces.
SectIOn 7. - MultIPle Offices. The offices of Secretary and Treasurer may be held by the
same person. No person shall sImultaneously hold more than one of any of the other offices
except m the case of specIal offices created pursuant to SectIOn 4 of thIS ArtIcle.
SectIOn 8. - DutIes The dutIes of the officers are as follows
(a) PresIdent: The PresIdent shall presIde at all meetmgs of the Board of
DIrectors, shall see that order and resolutIOns of the Board are camed out, shall SIgn all leases,
mortgages, deeds, and other wntten mstruments and shall CO-SIgn all checks and promISSOry
notes.
(b) Vice-PresIdent: The Vice-PresIdent shall act m the place and stead of the
PreSIdent m the event of hIS absence, mabIlIty or refusal to act, and shall exerCIse and dIscharge
such other dutIes as may be reqUIred of hIm by the Board. In the absence of the Treasurer, the
VIce-PresIdent may CO-SIgn WIth the PreSIdent, documents necessary to be SIgned by the
Treasurer
(c) Secretary The Secretary shall record the votes and keep the mmutes and
proceedmgs of the Board of the Members, keep the corporate seal of the ASSOCIatIOn and affix It
on all papers requmng SaId deal, serve notIce ofmeetmg of the Board and of the Members, keep
appropnate current records showmg the members of the ASSOCIatIOn together WIth theIr
addresses, and shall perform such other dutIes as reqUIred by the Board.
(d) Treasurer The treasurer shall receIve and depOSIt m appropnate bank
accounts all momes of the ASSOCIatIOn and shall dIsburse such funds as dIrected by resolutIOn of
the Board of DIrectors, shall SIgn all checks and promISSOry notes and other debt dOZ~O
mamtam the financIal status of the ASSOCIatIOn, keep proper books of account, caus ~ual
audIt of the ASSOcIatIOn books at the completIOn of each fiscal year, and shall prepare an annual
budget and a statement of mcome and expendItures to be presented to the membershIp at ItS
regular annual meetmg, and delIver a copy of each to the Members and shall comply wIth RCW
64.38 045
~oq.".
(e) The PresIdent and VIC -PresIdent shall prepare, execute, certIfy and record
amendments to the govermng documents documents necessary to be recorded m Thurston
County on behalf of the AssocIatlon.
ARTICLE IX
COMMITTEES
fpiJ
The Board of DIrectors of the AssocIatIOn shall appomt"ArchItectural Control CommIttee,
as provIded m the DeclaratIOn, and a Nommatmg CommIttee, as provIded m these By-Laws In
addItIOn, the Board of DIrectors shall appomt other commIttees as deemed appropnate m
carrymg out ItS purpose
ARTICLE X
BOOKS AND RECORDS
p;\
The books, reco and papers of the AssocIatIOn shall, at all tImes be kept as provIded m
CW 64.38045, at asonable busmess hours, be subJect to mspectIOn by any Member The
eclaratIOn, the Icles of IncorporatIOn and the By-Laws of the AssocIatIOn shall be avaIlable
any Member the pnncIpal office of the ASSOCIatIOn, where copIes may be purchased at
reasonable cost.
ARTICLE XI
ASSESSMENTS
M~
As more fully provIded m the Decla ion, each Member IS oblIgated to pay to the
ASSOCIatIOn annual and specIal assessmen WhICh are secured by a contmumg lIen upon the
property agamst WhICh the assessments' made Any assessments WhICh are not paid when due
shall be delmquent. If the assessment IS not pmd wIthm thirty (30) days after the due date, the
assessment shall bear mterest from the date of delmquency at the rate of twelve (12) percent per
annum, and the AssocIatIOn may bnng an actlOn at law agamst the Owner personally obhgated to
pay the same or foreclose the lIen agamst the property Interest, cost, and reasonable attorney's
fees of any such actIOn shall be added to the amount of such assessment. No owner may waIver
or otherwIse escape lIabIhty for the assessments provided for herem by non-use of the Common
Area or abandonment of hiS Lot.
ARTICLE XII
CORPORATE SEAL
The ASSOcIatIOn shall have a seal m cIrcular form havmg wIthm Its cIrcumference the
words "Prame Wind Estates Homeowners AssocIatIOn."
ARTICLE XIII
MISCELLANEOUS
The fiscal year ofthe ASSOCIatIOn shall begm on the first day of January and end on the
31 st day of December of every year, except that the first fiscal year shall begm on the date of
mcorporatIon.
ARTICLE XIV
o~ AMENDMENTS
~~ 1 These By-Laws may be amended at a regnlar or speela! meetmg ofthe
Members; by a vote of a maJonty of a quorum of Members present m person or by proxy
SectIon 2 In the case of any conflIct between the ArtIcles of IncorporatIOn and these
By-Laws, the ArtIcles shall control, and m the case of any conflIct between the DeclaratIOn and
these By-Laws, the DeclaratIOn shall control.
Douglas R. Bloom
(DIrector)
Barry R. Bndges
(DIrector)
AFTER RECORDING RETURN TO'
RaImer General Development, Inc , Inc
POBox 627
RamIer, Washmgton 98576
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
The land Referred To Herem Is SItuated In The State OfWaslungton, CIty OfYelm, County of
Thurston And Is Described As Follows
Lots 1 to 24 and Tracts A, Band C of Prame Wind Estates, as recorded m
The office of the Turston County AudItor on _ day of 20_,
Under Thurston County AudItor's FIle No
THIS DECLARATION IS MADE THIS DAY OF ,20
by RAINIER GENERAL DEVELOPMENT, INC , A Washmgton Profit corporatIOn,
HEREINAFTER REFERRED TO AS "DECLARANT"
WITNESSETH
Whereas, Dec1arants are the owners of certam real property m The CIty of Yelm, Lots
1 to 24 and Tracts A, B and C ofPrame Wind Estates, as recorded under Thurston County
AudItor's FIle No m Thurston County, Washmgton. Lots 1 through 24 and
the common areas, A, Band C ofPrame Wind Estates as recorded m the office of the Thurston
County AudItor on day of 20_ under Thurston County AudItor's
FIle No (hereafter referred to as "the property" or "propertIes"), and
WHEREAS, Declarants wIll convey certam of the saId propertIes, subJect to certam
protectlve covenants, condItIOns and restnctIOns, reservatIOns, hens and charges as hereafter set
forth.
NOW, THEREFORE, Declarants hereby declares that the propertIes described m
ARTICLE II hereof shall be held, sold, conveyed, subJect to the followmg easements,
restnctIOns, reservatIOns, charges, hens, covenants, and condItIOns, all of WhICh are for the
purpose of enhancmg and protectmg the value, deSIrabIlIty and attractlveness of the property
These easements, restnctIOns, reservatIOns, charges, hens, covenants, and condItIOns shall run
WIth the real property and shall be bmdmg on all partIes havmg or acqumng any nght, tItle or
mterest herem and/or on all partIes havmg or acqumng any part thereof, and shall mure to the
benefit of each owner thereof
ARTICLE I
DEFINITIONS
SectIon 1 "ASSocIatIOn" shall mean and refer to Prame Winds Estates Homeowners
AssocIatIOn, a Washmgton non-profit corporatIOn, Its successors and assIgns.
SectIOn 2 "Owner" shall mean and refer to the record owner, whether one or more
persons or entItIes, of a fee SImple tItle to any Lot WhICh IS part of the PropertIes, mcludmg
contract purchasers, but excludmg those havmg such mterest merely as secunty for the
performance of an oblIgatIOn.
SectIOn 3 "PropertIes" shall mean and refer to that certam real property herem after
described, and such addItIOns thereto as may hereafter be brought wItlun the JunsdIctIOn of the
AssocIatIOn.
SectIOn 4. "Common Area" shall mean all real property mcludmg the rmprovements
thereto owned by the AssocIatIOn for the common use and enJoyment of the owners. The
Common Area to be owned by the AssocIatIOn at the tlme of the conveyance of the first lot IS
described as follows Tract A, B and C Prame Wind Estates.
SectIOn 5 "Lot" shall mean and refer to any of the mdIvIduallots shown upon the
recorded subdIVIsIOn map of the PropertIes WIth the exceptIOn of the Common Areas.
SectIOn 6 "Declarant" shall mean and refer to RaImer General Development, Inc., ItS
successors or aSSIgns who should acqUIre more than one undeveloped Lot from the Declarant for
the purpose of development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property WhICh IS, and shall be, held, transferred, sold, conveyed and occupIed
subJ ect to thIS declaratIOn IS located m, Yelm, Washmgton, as IS described as follows
LOTS 1 TO 24 Ai"-rD TRACTS A, B Ai'ID C OF PRAIRIE WIN!) EST A TES, AS
RECORDED UNDER AUDITOR'S FILE NO IN THURSTON COUNTY,
WASHINGTON
2
ARTICLE III
GENERAL PROTECTIVE COVENANTS
:).. Cpf.;;T
SectIOn 1. ResIdentIal Charac of Pro ertv No structure or bUIldIllgs of any kmd
shall be erected, altered, placed or pe . ed to remam on any resIdentIal lot other than a
resIdentIal dwellmg, not to exceed PM stones m heIght, wIth a pnvate garage or carport for not
less than one (1) or more than thre 3) standard SIze passenger automobiles and one recreatIOnal
vehIcle, each lot shall provIde at two (2) off street parkmg spaces mcludmg the garage,
carport or dnveway Dunng constructIOn of a resIdentIal structure, a constructIOn office and
constructIOn matenals may be mamtamed, by the bUIlder, on a resIdentIal lot. ~nces III
complIance wIth SectIOn 7 and SectIOn 8 herem, and outbUIldmgs that servIce a ~ntlal
structure that are m complIance WIth SectIOn 4 herem, are allowed.
SectIOn 2. Busmess and CommerCIal Use of Property ProhibIted. No trade, c
busmess, professIon, commerCIal or manufacturmg enterpnse of bus mess or commerc actIVIty
of any kmd shall be conducted or camed on upon any resIdentIal lot, or wIthIn any ildmg
located on a resIdentIal lot, unless SaId actIVIty be m complIance wIth CIty ofYe s Ordmances
or CondItlonal Use PermIt, nor shall any goods, eqUIpment, trailers of any descn ion, or
matenals or supplIes used m connectIOn wIth any trade, servIce, or busmess, wh ever the same
may be conducted, be kept, parked, stored, dIsmantled or repaIred upon any lot unless. ,.::>fi
SaId goods, eqUIpment, traIlers, matenals or supplIes be enclosed or screened m such a Hi~&ll- P\PtV ElL
(and m accordance wIth SectIOn 8 herem below) that the same are not easIly vIsible from any
street or any other lot m the plat, except for constructIOn matenals and a constructIOn office for
reSIdentIal constructIOn as described III SectIOn 1, nor shall anythmg be done on any resIdentlal
lot whIch may be or may become an annoyance or nUIsance to the neIghborhood. None ofthe
actIvItIes described III SectIOn 2 herem shall be permItted on any street, SIdewalk or other publIc
area.
(ZCS\PEiV~
()~ W()!<D
SectIOn 3. AutomobIles Boats. Trucks ilers RecreatIOnal VehIcles
The streets wIthm the plat shall not be used fo over m arkmg of any vehIcles other than
pnvate automobIles. ThIS covenant specIfically prohibIts the street storage of automobIles,
boats, trucks, traIlers or recreatIOnal vehIcles.
~~O ~
No owner of any resIdentIal lot shall permIt any vehIcle 0 ed by s lot owner, any
member of the lot owner's farmly or any guest or aequamtanee mVltee ~parked upon
any street or upon any lot wIthIn the property for a penod m excess of forty-eIght (48) hours
where such vehIcle IS non-operatIOnal, m repaIr or abandoned unless such vehIcle IS on a lot and
enclosed m a garage or outbmldmg, or screened by a fence (m accordance wIth SectIOn 8) m
such a manner that It IS not eaSIly vIsible from any street or any other lot III the plat.
SectIOn 4. ResIdentIal uses of Temporarv Structures Prohibited. No traIler, tent,
shack, garage, barn or other outbmldmgs or any structure of any temporary character erected or
placed on the property shall at any tIme be used as a reSIdence eIther temporanly or permanently
3
SectIOn 5. AnImals No ammals, hvestock, or poultry of any kmd shall be raIsed,
bred, or kept on any lot. Cats, dogs, bIrds or other household pets may be kept If they are not
kept, bred or mamtamed for any commercIal purpose; proVIded however, that they shall not be
kept m numbers or under conmtIOns so as to become a hazard to health, safety and/or the qUIet
enJoyment of any lot subject to tms declaratIOn.
Any kennel or dog run must be screened from VIew of the street. Any dogs must be kept
so as to mImmIze exceSSIve nOIse from barkmg or they shall be consIdered a nUIsance accordmg
to the terms of the covenants.
SectIOn 6. Mortgage Protected. Nothmg herem contamed shall Imp au or defeat the
hen of any mortgage or deed of trust now or hereafter recorded covenng any lot or lots Title to
any property obtamed as a result of any foreclosure proceedmg shall specIfically be held subJect
to all of the provIsIOns herem.
SectIOn 7. Buildmg Setback. No bUIldmg or detached structure (wIth the exceptIOn
of fences as described m SectIOn 8 of thIS document) shall be located on any resIdentIal lot
nearer to the front hne than the mId pomt of the house, nor nearer than ten (10) feet to the rear lot
lIne.
SectIOn 8. Fence ReqUIrements. Fences shall not exceed SIX (6) feet m heIght.
Fences shall be well constructed of sUItable fencmg matenals and shall be artIStIC m desIgn and
shall be m architectural harmony wIth the bUIldmgs and fences of adJacent lots. Any cham lInk
fence shall be allowed around the dramage ponds.
No fence, wall or hedge over three (3) feet m heIght shall be erected, placed or altered on
any lot nearer to any street than the bUIldmg setback lme, except that nothmg shall prevent the
erectIOn of a necessary retammg wall, the top ofwmch does not extend more than two feet above
the fimshed grade at the back of saId wall. All fences shall also meet the reqUIrements of SectIOn
14 and 15 where necessary
SectIOn 9. Easements. Easements for utIlItles, dramage, and access are reserved as
delmeated on the recorded plat map cOf'
Withm these easements, no structure, pI mg or other matenal shall be placed or
permItted to remam WhICh may damage or m fere wIth the mstallatIOn and mamtenance of
utllItIes, or whIch may change the dIrectIOn flow of dramage channels m the easements, or
wluch may obstruct or retard the flow of water through dramage channels m the easements The
easement area of each lot and all Improvements m It shall be mamtamed contmuously by the
owner ofthe lot, except for those Improvements for WhICh a publIc authonty or utIlIty company
IS responsible.
SectIOn 10. SIgnS. No SIgn of any kmd shall be dIsplayed to the publIc View on any
lot except professIOna' roduced SIgnS that total not more than 3 feet square, advertIsmg the
property for sale or nt", SIgnS used by a buIlder to advertise the property dunng the
constructIOn and sal nod ar~permltted. SignS of a polItIcal nature may be dIsplayed from 30
days pnor to any electIOn or pnmary electIOn day and 30 days followmg electIOn or pnmary
electIOn day
4
SeetlOn 11. 011 and Mirun~ OoeratlOns. No 011 dnlhng, 011 development ope~,
OIl refimng, qUarryIng or mllling operatIOn of any kmd shall be pefffiltted upon or m any o~no
shall oil wells, tanks, tunnels, mmeral excavatIOns or shafts be permItted upon or m any 1 0
demck or other structure desIgned for use m bonng for 011, natural gas or water shall be erected,
mamtamed or permItted upon any lot.
SectIOn 12.
any lot.
Water Supply No mdIvIdua1 water supply system shall be penmtted on
SectIOn 13. Sumt DIstance at IntersectIon. No fence, wall, hedge or shrub plantmg
wluch obstructs SIght lInes at elevatIOns between two (2) and SIX (6) feet above the roadways
shall be placed or permItted to remam on any corner lot Wlthm the tnangular area formed by the
street property lInes and a lme connectmg them at pomts twenty-five (25) feet from the
mtersectIOn of the street lInes, or m the case of a rounded property corner, from the mtersectIOn
of the street property lInes extended. The same sIght-lme lImItatIOns shall apply on any lot
wItlun ten (10) feet from the mtersectIOn of a street property lIne wIth the edge of a dnveway or
alley pavement. No trees shall be pefffiltted to remam wlthm such dIstances of such mtersectIOns
unless the fohage lme IS mamtamed at sufficIent heIght to prevent obstructIOn of such SIght lInes.
SectIOn 14. Garbage and Refuse DIsposal. ~ open space or tract shall be used
as a dump for trash or rubbIsh of any kmd. All garbag~er waste shall be kept m
appropnate contamers for proper dIsposal. Yard rakmgs, such as rocks, lawn and shrubbery
clIppmgs, and dIrt and other matenal resultmg from landscapmg work shall not be dumped mto
or upon publIc streets, dItches or the adJacent property The removal and proper dIsposal of all
such matenals shall be the sole responsibIlIty of the mdIvIduallot owner All contamers for the
storage of dIsposal of such matenal shall be kept m a clean and samtary condItIon.
SectIOn 15. Dwellmg SIze The grol1lld floor area of the mam structure, exclusIve of
a one-story open porches and garages, shall be not less than 700 square feet for a one-story
dwellmg, nor less than 1200 square feet for a dwellmg of more than one story
SectIOn 16.
Roofs No flat roofs WIll be allowed on the house or garage
SectIOn 17. Extenors The entIre house must be pamted or stamed approved colors.
The Idea IS that colors that are very bnEkh~vocat~ draw the attentIOn of persons 100kmg at
the houses m the subdIvIsIOn plat to th&UIth sI~nt color vanatIOn should be avoIded.
Color schemes WIll be selected to provIde a homogenous nature and neutral look to the homes.
The ongmal house colors shall be approved by Raimer General Development, Inc An owner
wIshmg to change the house colors from the ongmal colors shall, m wntmg, notIfy all other lot
owners m the subdIvIsIOn of the color change If five lot owners obJect, m wntmg, to the new
colors, wIthm ten days the new colors shall not be allowed. Approval of changes m colors shall
not be reasonably WIthheld.
5
SectIOn 18. NUIsance. No nOXIOUS or offensIve actIvIty shall be camed on upon any
resIdentIal lot. No actIvIty shall be allowed to become an annoyance or nUIsance or decrease the
value of the property of any neIghbor or of the neIghborhood m general.
SectIOn 19. Firearms. The shootmg of any type of weapon or firearm IS prohibIted,
mcludmg but not llffiIted to BB guns, arr nfles and pIstols, pellet guns and slmg shots.
of
SectIOn 20 Landscapmg. Landscapmg of the front and at least one half~
the sIde yards shall be grass. Yards shall be regularly mowed and neatly mamtamed at all tImes.
The ongInal decIduous trees shall be replaced If they dIe, become dIseased or too large for the
sIte. Alllandscapmg shall be completed wIthm one (1 ) year ~
SectIOn 21 Open Space Tracts A, B and C shall be dedIcated to ~o~eowners
assocIatIOn, and the Homeowners AssocIatIOn shall be responsible for mamtaImng the open
space and mamtaImng the Stormwater Dramage as reqUIred by The CIty ofYelm and reasonable
envIronmental practIces.
SectIOn 22. Owners Easements and En 0 ent. Every owner shall have a nght and
easement of enJoyment m and to the Common aJw' Ich shall be appurtenant to and shall pass
wIth the tltle to every Lot, subJect to the folloWI OVISIOns,
(A) The nght of the AssocIatIOn to charge reasonable admIssIOn and
other fees for the use of the recreatIOnal facIhty sItuated upon the Common Area.
(B) The nght of the AssocIatIOn to suspend the votmg nghts and nght to
use of the recreatIOnal facIhtIes by an Owner for any penod dunng WhICh an assessment agamst
hIS Lot remams unpaId, and for a penod not to exceed SIxty (60) days for any mfractIOn of ItS
publIshed rules and regulatIOns,
"'\0
(C) ~nght of the AssocIatIOn to dedIcate or transfer all or any part of
the Common Area to any pu ic agency, authonty or utilIty for such purposes and subJect to such
condItIOns as may be agreed by the member
No such dedIcatIOn or transfer, WIth exceptIOn of DeclaratIOn of Covenants for well and
waterworks, shall be effectIve unless an)(mstrument agreemg to such dedIcatIOn or tr~
SIgned by two-thIrds (2/3) of each class ofmem~s been recorded. ~
SectIOn 23. DelegatIOn of Use. Any owner may delegate, m accordance WIth the
By-Laws, hIS nght of enJoyment to the Common Area and FaCIlItIes to the members of hIS
famIly, reSIdents of hIS household, hIS tenants, or contract purchasers who reSIde on the property
6
ARTICLE IV
SectIOn 1
The AssocIahon shall have two classes ofvotmg membershIp.
SectIOn 2 Class "A" Class "A" members shall be all owners, WIth the exceptIOn of
the Declarant, and shall be entItled to one vote for each Lot owned. When more than one person
holds an mterest m any Lot, all such persons shall be members. The vote for such Lot shall be
exercIsed as they determme, but m no event shall more than one vote be cast WIth respect to any
lot.
SectIOn 3 Class "B" Class "B" member (s) shall be RaImer General Development,
Inc. (the Declarant or successor) and shall be entItled to three (3) votes for each Lot owned. The
Class B membershIp shall cease upon the happemng of eIther of the followmg events, whIchever
occurs earlIer
(A) When the total votes outstandmg m the Class A membershIp equals the
total votes outstandmg m the Class B membershIp, or
(B) On May 7,2001 RaImer General Development, Inc. has control for 4 years
or untIl all lots are sold.
SectIOn 4 FRAN A Approval. As long as there IS a Class "B" membershIp, the
followmg actIOns will reqUIre the pnor approval ofthe Federal Housmg AdmImstratIOn or the
Veterans AdmImstratIOn, Annexahon of addIhonal propertIes, dedIcatIOns of Common Area and
amendment ofthIs DeclaratIOn of Covenants, CondItIOns and RestnctIOns.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SectIOn 1. CreatIOn of the lIen and Personal OblIgatIOn for Assessments.
The declarant, for each lot owned WIthIn the PropertIes, hereby covenants, and each Owner of
any lot by acceptance of deed thereof, whether or not It shall be so expressed m such deed, IS
deemed to covenant and agree to pay to the AssocIatIOn, (1) annual assessments to be establIshed
and collected as heremafter provIded. The annual and specIal assessments, together WIth
mterest, costs, and reasonable attorney fees, shall be charged on the land and shall be a
contmumg lIen upon the property agamst whIch each such assessment IS made Each such
assessment, together WIth mterest, costs, and reasonable attorney fees, shall also be the personal
oblIgatIOn of the person who was the Owner of such property at the tIme when the assessment
fell due The personal oblIgatIOn for delmquent assessments shall not pass to hIS successors m
tItle unless expressly assumed by them.
7
SectIOn 2. Purpose of Assessments. The assessments leVIed by the AssocIatIOn
shall be used exclusIvely to promote the recreatIOn, health, safety and welfare of the resIdents m
the PropertIes and for the rmprovement and mamtenance of the Common Areas, mcludmg the
mamtenance of Stormwater FacIlItIes.
SectIOn 3. MaxImum Annual Assessment. UntIl December 31, 2001, the
maxImum annual assessment shall be one hundred dollars ($100 00) per lot.
(A) From and after December 31, 2001 the maxImum annual
assessment may be mcreased above 5% by a vote of fifty percent (50%) of each class of
members who are votmg m person or by proxy, at a meetmg duly called for tills purpose.
(B) The Board of DIrectors may fix the annual assessment at an amount
not m excess of the maxImum.
. ER2~NO
SectIOn 4. SpecIal Assessments for CapItal Improvements. L P
In addItIOn to the annual assessments authonzed above, the ASSOCIatIOn may levy, m any'
assessment year, a speCIal assessment applIcable to that year only for the purpose ot:d ~g, m
whole or m part, the cost of any constructIOn, reconstructIOn, repaIr or replacement of a capItal
Improvement upon the Common Area, mcludmg fixtures and personal property related thereto,
prOVIded that any such assessment shall have the consent of fifty percent (50%) of the votes of
each class of members who are votmg m person or by proxy at a meetmg duly called for thIS
purpose.
Sect~on 5. NotIce and Quorum for any ActIOn Authonzed Under SectIOn 3 and 4
Wntten notIce of any meetmg called for the purpose of takmg any actIOn under SectIOn 3 and 4
shall be sent to all members no less than SIxty (60) days m advance of the meetmg. At the first
such meetmg called, the presence of members or prOXIes entItled to cast SIXty percent (60%) of
all votes of each class of membershIp shall constItute a quorum. If the reqUIred quorum IS not
present, another meetmg may be called subJect to the same notIce reqUIrement, and the reqUIred
quorum at the subsequent meetmg shall be one-half (1/2) of the reqUIred quorum at the precedmg
meetmg. No such subsequent meetmg shall be held more than SIXty (60) days followmg the
f'rOC~~8mg meetmg.
P~~c.€Ec,~
SectIOn 6. Umform Rate of Assessment. Both annual and specIal assessments must
be fixed~a umform rate for all Lots and may be collected on a monthly baSIS.
AT
SectIOn 7. Date of Commencement of Annual Assessments. Due Dates
The annual assessments proVIded for herem shall commence as to all lots on the first day of the
month followmg the conveyance of the Common Area. The first annual assessment shall be
adJusted accordmg to the number of months remammg m the calendar year The Board of
DIrectors shall fix the amount of the annual assessment penod. W ntten notIce of annual
assessment shall be sent to every o\'mer subJect thereto The due date shall be establIshed by the
Board of DIrectors. The ASSOCIatIOn shall, upon demand, and for a reasonable charge, furnIsh a
8
certIficate sIgned by an officer of the ASSocIatIOn settmg forth whether the assessment of a
specIfied Lot has been paId. A properly executed certIficate of the ASSocIatIOn as to the status of
assessments on a Lot IS bmdmg on the AssocIatIOn as of the date of ItS Issuance.
!l-JQ-.JFPiY"'~r
SectIOn 8. Effect of:Wo~a\'Elmcl'lt-()f Assessments, RemedIes of the AssocIatIOn
Any assessment not paId WIthIn thIrty (30) days after the due date shall bear mterest from the due
date at the rate of twelve (12%) per annum. The AssocIatIon may bnng actIOn at law agamst the
owner personally oblIgated to pay the same, or foreclose the lIen agamst the property No owner
may WaIve or otherwIse escape lIabIlIty for the assessments provIded for herem by non-use of
the Common Area or abandonment ofms lot.
SectIOn 9. SubordmatIOn of the LIen to Mortgages The hen of the assessments
provIded for herem shall be subordmate to lIen of any first mortgage. Sale or transfer of any lot
pursuant to a mortgage foreclosure or any proceedmg m lIeu thereof, shall extmgUIsh the lIen and
such assessments as to payments wmch become due pnor to such sale or transfer No sale or
transfer shall relIeve such lot from lIabIlIty for any assessments thereafter becommg due or from
the lIen thereof.
SectIOn 10 Every owner of a Lot WhICh IS subJ ect to assessment shall be a member of
the AssocIatIOn. Membersmp shall be appurtenant to and may not be separated from ownersmp
of any Lot wmch IS subJect to assessment.
ARTICLE VI
MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES
...A\~~~
~{X\~ '\ v
SectIon 1. Mamtenance C en ant. Easements are hereby granted for the
mstallatIOn, mspectIOn, and'ffl ofutlhtles and dramage facIlItIes as delmeated on the
plat ofPrame Wind Esta~cords of Thurston County, and m the ReSIdentIal Agreement to
Mamtam Stormwater Fa~s by and between Proponent and CIty ofYe1m, recorded m
Thurston County 20, under Thurston County AudItors FIle
and attached as ExhibIt A. No encroachment WIll be placed wIthm the easements
whIch may damage or mterfere wIth the mstallatIOn, mspectIOn, and mamtenance ofutIlItles.
All operatIOns and mamtenance of the storm dramage faCIlItIes, mcludmg all expenr2sh 11 be
_E_ald by the Homeowners AssocIatIOn. .J
6f'AOC.~ the event Project Proponent, successors or the Homeowners AssocIatIOn, m the JU gement of
rvp the CIty ofYelm, faIls to mamtam dram age facIhtIes wItmn the plat, or If the Proponent or
successors WIllfully or aCCIdentally reduce the capacIty of the dramage system or render any part
of the dramage system unstable, the Proponent or successors agree to the followmg remedy;
After thIrty (30) days notlce by regIstered maIl to the Proponent or successors, The CIty ofYelm
may correct the problem or mamtam facIlItIes as necessary to restore the full desIgn for all costs
assocIated wIth engmeenng and constructIOn of the remedIal \vork. The CIty OfYelm may
9
charge mterest as allowed by law from the date of completIOn of constructIOn. The CIty OfYelm
WIll place a hen on the property and/or on lots m the Property Owners AssocIatIOn for payments
m arrears. Costs or fees mcurred by the junsdIctIOn, should legal actIOn be requITed to collect
such payments, shall be borne by the Proponent or successors.
Mamtenance of FacIlItIes.
~ ~f?C>
(A) In cons eratIOn of conveyance of Tract (s) to the Homeowners
ASSocIatIOn the Homeo rs AssocIatIOn hereby covenants and~ ae to maIntaIn m good
order and r alr the torm water aCIlItIes, located m desIgnated tra ~to e reqUIrements and
standards 0 -CIty ofYelm, and all fences and eqUIpment en same. Ifm the opinIon
of the CIty ofYelm the facIlItIes are not mamtamed to e~' ty standards, a fee may be
charged to each property owner by the Homeowners A soc tIon for mamtenance and or repaIrs
of SaId facihtIes. 'MaU;J,tQFlaflG8 ana ef r€Jflam:; ef 3ftId faoilitHlS. Mamtenance and or repaIrs can
be hIred out by th omeowners ASsocIatIOn or repaIrs can be done by the members, as long as
work meets . CIt s andards. ./O'.L:'
= / l~ WO!2D
(B) All@orm wa~runofffrom rooftops shall be handled to retam all runoff
on-sIte as per the CIty ofYelm standards
SectIOn 3. Mamtenance Schedule Mamtenance schedule for dramage system
component as outlmed m exhibIt A.
SectIOn 4. On-SIte SeptIc Tanks. On-sIte septIc tanks for mdIvIduallots shall be
placed on the property so that they WIll not result m the mfiltratIOn of untreated or partIally
treated sewage mto the dramage system. The burden shall be upon the property owner to
demonstrate to the satIsfactIOn of the CIty ofYelm that thIs condItIOn IS satIsfied.
SeactIOn 5 The Prame Wind Estates Homeowners AssocIatIOn shall provIde the
storm dramage mamtenance reqUIred m the resIdentIal Agreement to mamtalI€rm wa~ O...:E2 (.NJC(.J..p
facIlItI~Implement a pollutIOn source control plan as recorded m Thurston County,
Exhib~
SectIOn 6 ApproxImate mamtenance Schedule for Dramage System Component.
ThIS IS attached m ExhibIt A.
ARTICLE VII
No bUIldmg, fence, wall or other structure shall be commenced, erected or mamtamed upon
the propertIes, nor shall any extenor addItIOn to or change or alteratIOn therem be made untIl the
plans and specIficatIOns showmg the nature, kmd, shape, heIght and locatIOn of the same shall
have been submItted to and approved m wntmg as to conformance WIth these covenants,
harmony of external deSIgn and locatIOn m relatIon to surroundmg structures and topography by
the Board of DIrectors of the AssocIatIOn, or by an ArchItectural Control ComIlllttee composed
10
oft e (3 or more representatIves appomted by the Board. In the event sald Board, or Its
des'gn~ ommIttee, falls to approve or dIsapprove such desIgn and locatIOn WIthm thIrty (30)
da a saId plans and specIficatIOns have been submItted to It, approval wIll not be reqUIred
and this ArtIcle WIll be deemed to have been fully complIed WIth.
ARTICLE VIII
GENERAL PROVISIONS
SectIOn 1. Enforcement. The Declarants, Prame Wind Estates Homeowners
AssocIatIOn and/or owner of any lot or lots subJect to tills declaratIOn, shall have the nght to
enforce, by any proceedmg at law or m eqUIty, all restnctIOns, condItIOns, covenants,
reservatIOns, lIens and charges now or hereafter Imposed, by the provlSlons of tills declaratIOn,
provIded however, that the Declarant's nght to enforce the provISIons of thIS declaratIOn shall
termmate at such tIme as the Declarant shall cease to be owners of a lot or lots subJect to tills
declaratIOn, and proVIded further, however, that the termmatIOn of the Declarant's power to
enforce tills declaratIOn shall m no way affect the power of any successor, lot owner or (Prame
Wind Estates Homeowners ASSOCIatIOn) to enforce the terms and condItIOns of tills declaratIOn.
In any actIOn to enforce the terms and condItIons of thIS declaratIOn, the party prevailmg shall be
entItled to an award of such party's costs, mcludmg attorney's fees, agamst the non-prevaIlmg
party for all costs mcurred wIth respect to the enforcement of thIS declaratIOn. Failure ofthe
Declarant or any such owner or contract purchaser or Prame Wind Estates Homeowners
ASSOCIatIOn to enforce any covenant or restnctIOn herem contamed shall m no event be deemed a
Walver of the nght to do so hereafter
SectIOn 2. SeverabIlIty InvalIdatIOn of anyone of these covenants or restnctIOns
by Judgment or court order shall m no way affect any other prOVISIons, whIch shall remam m full
force and effect.
SectIOn 3. Amendment. The covenants and restnctIOns of thIS declaratIOn shall run
wIth and bmd the land, and shall msure to the benefit of and be enforceable by the owner of any
lot subJect to thIS declaratIOn, mcludmg the declarants, Prame Wind Estates Homeowners
ASSOCIatl~lr respectIve legal representatIves, heIrs, successors, and assIgns, for a term of
thIrty (3~s from automatIcally extended succeSSIve penods often (10) years, unless an
mstrument termmatmg all covenants, WhICh IS SIgned by not less than the owners then owmg
mnety percent (90%) dunng the first thIrty (30) years and seventy-five percent (75%) for any
penod thereafter, of the property subJect to thIS declaratIOn and any supplemental declaratIOn
shall have been recorded WIth the Thurston County AudItor The covenants and restnctIOns of
thIS declaratIon may be amended or by an mstrument SIgned by not less than the owners of
seventy-five percent (75%) of the lots Amendments shall take effect when they have been
recorded WIth the AudItor of the County of Thurston.
11
SectIOn 4 Prame Wind Estates IS located wIthIn a rural agncultural area. As a result, there
may be a conflIct WIth nOIse, smells and sounds.
Douglas R. Bloom
PresIdent, RGD, Inc
ACKNOWLEDGMENT
ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
STATE OF W ASHlNGTON)
Ss.
COUNTY OF THURSTON)
THIS IS TO CERTIFY that on tlus day of ,20 before
me, the underSIgned, a Notary PublIc m and for the State ofWaslungton, duly commIsSIOned,
sworn and quahfied, personally came Douglas R. Bloom known to be the mdlvldual described m
and who executed the wIthm and foregomg ArtIcles of IncorporatIOn, and acknowledged to me
that he, sIgned and sealed the same as lus free and voluntary act and deed, for the uses and
purposes therem mentIOned.
WITNESS MY HAL'\ID AL'\ID OFFICIAL SEAL the day and year first above wntten.
NOTARY PUBLIC m and for the
State ofWaslungton, resIdmg at
12
THURSTON COUNTY
_\_-~=--~--_.~-
SlNCE 185l
PATRICIA COSTEllO
Assessor
OFFICE OF THE ASSESSOR
MEMORANDUM
Date Apnl17,2001
To
CIty of Yelm
AttentIOn. Cathie Carlson
From 1~afi(;yRlChards(a"O)"154.-.33SS f3.y. (P3ST
SubJect:
D
[gJ
Thank you.
~33
PRAIRIE WIND EST A TES
I do not have comments about thIS proJect and approve It as submItted.
SIgnature
My comments are as follows
D Please put acreage or square feet on each lot.
D SItus address needed, IncludIng CIty and ZIp code
D Only Fmal ProJects are revIewed. PrelImmary Proposal IS premature
D Lot closure needed pnor to recordmg.
D Map IS unacceptable Standard, full-SIze bluelme map reqUIred.
D Please mform the applIcant that deed(s) wIll need to be recorded between
partIes for portIOn(s) beIng conveyed.
D Parcels are under the Open Space/Forest Tax Program. Pnor to recordmg,
please have the applIcant/owner contact a Customer ServIce AppraIser m
the Assessor's Office at (360) 786-5410
D Please mform the applIcant that taxes must be current. There are
delmquent taxes 011 Parcel #
.IZJ Other Please make all parcel lines solId,
2000 lakeridge Drive S.W Olympia, W A 98502-6045
(360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933
*
Recycled Paper
City ofYelm
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
May 1, 2001
Mr Doug Bloom
RaImer General Development
PO Box 627
RaImer, WA 98576
Re Comments for Praine Winds Pinal Plat - SUB-01-8278-YL
Do;~
Dear Mr ~J!xml.
The CIty has completed Its mitIal reVIew for the above referenced plat. There are a few remammg
documents requIred by the CIty and a few Items that need clanficatIOn or reVISIOns
1 Please submIt sIgned and notanzed Bills of Sale for the Water and S T.E.P System
Improvements (examples enclosed.)
2. Please submIt a SIgned and notanzed warranty agreement (example enclosed.)
3 Please proVIde the CIty wIth the ongmal subdIVIsIOn guarantee for recordmg wIth the final
plat.
4 The final plat applIcation mdIcated you plan on segregatmg the LID assessment of
$36,463 00 among the mdIvIdua1lots SegregatIOn must occur at the same time of final
plat. Enclosed IS the applIcation to segregate the LID assessment. The forms and
applIcatIOn fees must be complete pnor to CIty Council reVIew of the final plat applIcatIOn.
5 Please provIde a Letter of CredIt and ASSIgned Savmgs (form enclosed) for one and one-
half tImes the costs for landscapmg reqUIrements m the 15' buffer along the western
property lme, to abandon the on-SIte well and sewerage systems, mfrastructure
Improvements reqUIred to connect to the CIty water and sewerage systems, and the sewer
mspectIOn fee The sewer connectIOn fees prevIOusly paId for the SIte shall be credIt as
follows one connectIon fee WIll be used for Lot 3 of SS-8819 and the other shall be
credIted on the first bUIldmg permIt. The water meter and connectIOn fee for Lot 3 of SS-
8119 has been paId The owner of Lot 1 of SS-8119 shall be responsible for water and
sewer connectIOn fees.
6 Pnor to release of the assigned savings account as requued m #5, please provide
documentatIOn that the on sIte well has been decommissioned pursuant to DOE standards.
Although there are no recorded water nghts for the well, the City will requlfe the
applicant to execute a Water RIghts DedIcatIOn Agreement (enclosed.)
7 Pnor to release of the assIgned savings account as reqUIred m #5, please provide
documentatIOn on complIance with Thurston County Health Department standards for the
abandonment of the on sIte sewerage systems.
8 The project has been modIfied from Townhouse to detached smgle family VariatIOns m
setbacks were reqUIred based on requuements of Chapter 17 61, Townhouse The rear
yard setback vanatIon from 25 feet to 20 feet was allowed because of the front-yard
vanatIOn reqUIrement of Chapter 17 61, Townhouse These standards no longer apply
Buildmg setbacks on mdIvIduallots shall be those of Chapter 17 15, Moderate Density
ResIdentlal.
9 With the change from Townhouse to single family detached the TransportatIOn FacilIty
Charge IS amendment to $750 00 per umt, payable at tlme of buildmg permIt Issuance
10 Please provide the City with a copy of the recorded School MItigatIOn Agreement.
11 Lot closure and survey correctIOns have been returned to the project engmeer Please
have those corrected on the final Mylar Map and provIde the CIty WIth the amended lot
closures.
12. Please make the correctIons on the enclosed Homeowners AssocIation Artlcles of
IncorporatIOn.
13 Please make all parcel lInes solId as requested by Thurston County Assessor's Office
(enclosed memorandum dated April 17 , 2001 )
The above lIst must be completed pnor to Tuesday, May 8, 2001 to be consIdered by the CIty
Council on May 9, 2001 If you have any questIons please contact me immediately at 458-8408
Smcerely,
17 'lI i\,/_ /J
Uf~'l1,.'~ lc"7; .5JI'----
Cathenne Carlson
Commumty Development Dlfector
enclosures
cc: J 1m Gibson
Tim Peterson
04262001 16 44 FAX 1253627-1730
HUITT-ZOLLARS TACOMA
i4J 001
HllllT -ZOLlARS
Hu:lt-Zollars, Inc. f 302 $eulh 91h Stlee! f Suite 101/ Tacoma. VJa$hington 9840Z-~Q02 j (253) 627,9131 I F.a.>: (253) 627-4730
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April 26, 2001
---"-'--
Jim D'Aboy, PE
COSMOPOLITAN ENGINEERING GROUP
117 South 8th Street
Tacoma. WA 98402
1l-y:
Zl'Z- 7Z~O
Catherine Carlson, City Planner
CITY OF YELM
105 Yelm Avenue West
Yelm, WA 98597
Re. Plat of Prairie Wind 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 According to the Preliminary Plat Approval Letter, the plat will be serviced by a S T E.P
system Typically, when a plat is serviced by a STEP system there is an easement
dedication on the plat for the City to access the lots and septic system
2 The plat does not shew a joint trench utility easement adjacent to the roadways for utilities, A
utility dedication on the face of the plat is also needed
3 There is a note in Tract B ttJat extinguishes an easement. I do not believe that this can be
accomplished on the face of the plat, unless the owner of Lot 3 of 8S~8119 is signing the plat
and Included In the Dedication, We recommend removing note and referencing recording
number of document extinguishing the easement.
4 The ZIp code needs to be added to the addresses
5 In the Legend the Set 2" Brass Cap in Concrete should also reference the LS# stamped on the
disc.
6 The power easement shown crossing Lots 1-4 should also list any restnctior, that the
easement may have on Lots 1-4. specifically as it relates to their ability to build within the
easement.
7 Move the easement note in Lot 24 to Lot 3 of the 85-8119
8 Note should be added to the face of the plat dedicating Tracts A, S, and C to the Prairie VVind
Estates Home Ovvners Association or appropriate entity
9 On page 1 of the Plat there is no signature block for the City Planner City should verify if this
is needed
10 On the south end of Prairie Wind Street SE, remove one cf the tvve notes regarding "future
street connection to adjacent parcels"
iacocn8 I O~II...~ I Fo~ WOr1h f ~OlJ5ton I EI"~sc f ~~,o~ni. I Tws:in I Or.ta/,~ I .A,lbuQ~ei'Q\;e ; S.,ari!e Oen',Pof
O~4'-;; ~- ;; II 0 l~pr -'! i5-t ifA.-r;;: :)J lj ;: '14 '1 ;J U
liUI1"!-=-.W[1::-\t<S-1,\CUnc-\
~;-u 0 ~
Letter to Jim D'Aboy, PE, Cosmopolitan Engineering Group
and
Catherine Carlson, Planner, CIty of Yelm
Re Plat of Prairie Wind Estates - Survey Review
April 26, 2001
Page 2 of 2
11 On north end of Prairie V\fJnd 8T SE, add the right-or-way dimensions along the north plat line.
12. On 941n Ave SE, add the right-of-way dimensions aiong the east plat line.
13 Add the south line and east line dimensions to Tract C
14 Correct the dimension shown on the liorth !ilie of Lot 1 of SS-8119 Also, add tick marks for the
124 38' dimension to add clarity to where the dimenSion is from and to
15 On the south line of Lot 3 and 4, the bearing of N64C43'OO" W, should read N 64042'45u W
according to the lot closures
16. On the east line of Tract 8, add dimension Remove "40" in this area, it implies the lines are
parallel and the width is 40'
17 Correct overall distance on south line of Lots 1.3 It should be 12037 according to lot closures
and sum of dimensions on Lots 1-3
18 Lot Closure for Lots 5-10 does not match dimensions shown on plat Please proVide updated
lot closures or revise dimensions on plat for Lots 5-10
19 Notes regarding required fee for building permits may need to be added to the face of tM plat
if the City requires them
20 Add note to the face of plat: .Prairie Wind Street SE and 94th Avenue SE
are hereby dedicated to the City of Yelm "
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
Sincerel~,
HUITT.ZOLLAR~
iYtW~~
Blair E. Prigge, PLS. EIT
EEP/gj
BILL OF SALE
(CORPORATE FORM)
TIllS BILL OF SALE IS made and executed this _ day of , 19-, by and
between , (CORPORATE NANffi), heremafter called the grantor, and the
City ofYelm, a Municipal Corporation, hereinafter called the grantee.
WITNESSETH.
That the grantor, for good and valuable consIderatIon, the receipt of whIch is hereby acknowledged,
hereby convey, set over, asSign and warrant to the City MYelm the followmg described property sItuated
m Thurston County, State ofWashmgton, TO WIT
The S T.E.P system servIce lateral from the tank to the sewer mam, ta.nk, pump and pump
controls lymg WIthIn the followmg described easement area.
IN WITNESS WHEREOF, said corporatIon has caused this Instrument to be executed by Its proper
officers and Its corporate seal (if any) to be affixed thiS day of
19
(CORPORATE NAME)
BY BY
(Signature) (Signature)
ITS ITS
(Title) (Title)
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On the day of
and for the State of WashIngton, duly
, 19-, before me, a Notary Public In
commissIoned and sworn, personally appeared
to me known to be the (TITLE(S)) of
(CORPORATE NAME) and acknowledged the said Instrument to be the free and voluntary act and deed of
saId corporatIOn, for the uses and purposes thereIn mentioned, and on oath stated that he is authonzed to
execute the saId Instrument and that the seal affixed (If any) IS the corporate seal of Said corporatIon.
WITNESS my hand and offiCial seal the day and year first-above wntten.
Notary Public In and for the
State of Washmgton, reSidIng m
System accepted thiS
day of
. 19
City ofYelm
B!
Director of Publtc Works
D - ]:.
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
Transmittal Letter
To: James K, D' Ahoy. PE
Date: Aprillb 2001
Company: Cosmopolitan Engineering
Re: Final Plat Review
Address: 117 .s. 8th Street
File No, SUB-01-8278- YL
City, St Zip Tacoma. WA 98402
Name: Prairie Wind (Cullens)
Items transmItted for
o ReVIew and comment
o As Requested
o
o
For your records
Other
Land Use CIvil Plan RevIew Bmdmg SIte Final Plat EnVIronmental
AppltcatlOn Plan ReVIew ReVIew RevIew
X
Remarks
Please return comments by Apri127, 2001
SIgned CathIe Carlson
CommunIty Development DIrector
cc:
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
'360 58-3244
DEVELOPMENT REVIEW - COMMUNITY DEVELOPMENT DEPARTMENT
(360) 458-3835
City ofYelm
DATE. April 12, 2001
APPLICANT Rainier General Development CASE NUMBER SUB-01-8278-YL
PROJECT LOCATION Located on Cullens Road SE.
PROJECT SUMMARY Final Plat Approval for Prairie Wind Estates (aka Cullens Estates)
The enclosed project information is for your review Please provide written comments or recommendations to Cathie
Carlson by Frida~. April 27. 2001 Your comments will become part of the record and utilized in the decision-making
process by staff, 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 CapCom X US Post Office - Yelm
Thurston County Environmental Health Department of Ecology
Olympic Air Pollution Control Authority X Yelm Chamber of Commerce
W A Dept. Fish & Wildlife" Jim Frasier X Applicant's Engineer and/or Surveyor
Nisqually Indian Tribe X Applicant
C:\Community Development\Project Files\SUB Full Plat Subdivision\New Folder\8278 Distribution.wpd
-- -- -- -- -- -- ::--=-...-
p
/
677 Woodland Square Lp SE
Lacey, WA 98503
POBox 3485
Lacey, WA 98509-3485
(360) 493-6002
(888) 493-6002 Toll Free
(360) 493-2476 Fax
e-mail sca@scaengrcom
www,scaengrcom
Sewer
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April 10, 2001
Cathie Carlson, Community Development Director
City of Yelm
POBox 479 \
Yelm, Washington 98597
~ LA--J\l- {7~
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A-/25'/0 I
RE, Final Plat Application for Prairie Wind Estates (Cullens Estates)
SCA #00017, SUB-00-8250-YL
Dear Cathie
Following is a summary of how the fi~al plat for Prairie Winds meets City Council
conditions of preliminary plat approval
The subdivision is connected to the City's S T E P system Final civil plans have
been submitted to the City of Yelm for review and approval
Three on-site septic systems and drainfields have been abandoned to Thurston
County Health Department standards and the residences have been connected to
the City's S T E P system
The LID assessment of $36,463 00 will be segregated among the developed lots
and paid at the time of building permit issuance
Water
~'....c-
'6~ t"l""'"
~ 4 The subdivision is connected to the City's water system Final civil plans have
been submitted to the Community Development Department for review and
approval
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Water ERUs will be paid at the time of building permit issuance
The on-site well has been decommissioned pursuant to DOE standards There
are no water rights with the well
The existing residences on Lot 1 and 3 of SS 8119 h'ave been connected to the
City water system
DESIGN/BUILD. CIVIL AND TRA~,SPORTATION ENGINEERING. PLA~,NING . SURVEYING
~O~8
.J. ,\;r"
~o
Cathie Carlson
April 10, 2001
Page 2
Open space areas and planter strips have an irrigation system with a separate
water meter Landscape and irrigation plans have been submitted to the
Community Development Director for review and approval
Stormwater
~
5~~
o'f 10
~
Stormwater facilities have been designed and constructed in accordance with the
DOE Storm Water Manual, as adopted by the City of Yelm Best Management
Practices were employed during construction A final storm water report has
been submitted to the City of Yelm
A stormwater maintenance plan has been submitted to the Public Works Dept for
approval
The Homeowner's Agreement includes provisions for assessment of fees against
individual lots for the maintenance and repair of the stormwater facilities
Transportation
6~pfJ:Ne-
7" 12 Final civil plans for street design have been submitted to the Community
Development Department for review and approval
~
t'O ~3
~o""
Half-street improvements have been made along the Cullens Road frontage,
including lane improvements, curb, planter strip, sidewalk, landscape and storm
drainage
/'l"4 "Road B", Prairie Wind St SE, is labeled on the final plat map as a future street
connection to the adjacent properties
~ ~-J'-- ,
~ 15 A driveway for tax parcel #317123110500 has been constructed off "Road A",
94th Avenue SE, and included on the final civil drawings
Fire
~ Fire flow calculations for existing hydrants have been provided by the City of
Yelm, and are included with the final plat application
... Pfo'-Jc-
~ 17 A fire hydrant plan has been submitted to the Community Development
Department for review and approval
rill
~1~~1
Consulllng Group
DESIGN/SUlLO. CIVIL AND TRANSPORTATION ENGINEERING. PLANNING, SURVEYING
I
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Cathie Carlson
April 10, 2001
Page 3
Open Space
Tracts A, B, and C are preserved as community open space and held in common
by the property owners A homeowners' agreement which includes provisions for
maintenance of the open space tracts has been submitted to the Community
Development Department for review and approval
A final improvement plan for the open space has been submitted to the
Community Development Department.
Setbacks
Front yard setbacks are 15 feet for the house and 20 feet for the garage The
front setbacks will also comply with Chapter 17 61 variation requirement
To comply with the variation requirement of Chapter 17 61, the rear yard
setbacks for Lots 17 through 20 are reduced to 20 feet.
Landscapinq and Buffer Area
The protection and maintenance of the Type 1, 1S-foot buffer along the western
property line is provided for in the Homeowners' Agreement
A final landscaping and irrigation plan has been submitted for Tracts A, B, and C,
the street planter strips and the buffer along the western property line
Environmental
~)
~)
~)
A Transportation Facility Charge of $450 per townhouse will be paid at the
time of building permit issuance
Trees along the western property line within the 1S-foot buffer will be
protected with construction fencing during construction
An agreement has been entered into with the Yelm School District to
mitigate project impacts to the school district
Subdivision Name and Property Address
"Prairie Wind Estates" has been approved by the Thurston County Records
Department as the name of the subdivision
The plat map shows addresses provided by the Building Department
DESIGN/BUILD. CIVIL AND TRANSPORTATION ENGINEERING. PLANNING. SURVE(ING
~
Cathie Carlson
April 10, 2001
Page 4
General Public Works
""
~ ~d> 27
~\<<?
~f 28
~~'-l~~
Street lighting and interior street lighting has been installed
A grading plan was approved by the Community Development Department prior
to on-site grading
If additional information is required or you have any questions, please call me at (360)
493-6002
Sincerely,
SCA Consulting Group
( "/)J1/~?/ / ~ <2' )' ?t._d(
L,t __ ~v_ ~_ (--LVi:
, '--------
Candace Cramer
Planner
cvc\ch
(g \text\pf\00017\applications\Council conditions of approval rtf)
DESIGN/BUILD. CIVIL AND TRANSPORTATION ENGINEERING. PLANNING. SURVEYING
City of Yelm
.,
105 Yelm Avenue West
POBox 479
Yelm, Washington 98597
(360) 458-3244
July 11, 2000
Mr Doug Bloom
Rainier General Development
PO Box 627
Rainier, WA 98576
Re Cullens Estates Preliminary Plat Approval, SUB-OO-8250-YL- Notice of Final Decision
Dear Mr ~~
On June 14, 2000, the Yelm City Council considered your application for the above referenced project.
After review of the Planning Commission's recommendation, public hearing comments and the staff
report dated June 6, 2000, the City Council finds that the project, as conditioned below'
A. Adequately provides for the public health, safety and general welfare and for such open spaces,
drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools,
sidewalks,
B That the public use and interest will be served by the platting of such subdivision and dedications,
and
C The subdivision is in conformance with The Yelm-Thurston County Joint Comprehensive Plan,
the City Zoning Ordinance and the City's Development Guidelines
Preliminary Plat approval is valid for five (5) years from the date of City Council approval Upon failure to
submit a final plat prior to expiration of preliminary plat approval, no subdivision will be approved without
submission and review of a new preliminary plat.
Pursuant to Chapter 1549, Integrated Project Review Process, a Preliminary Plat is a Type IV Permit
and can be appealed in Superior Court as set forth in RCW 36 70C , JUDICIAL REVIEW OF LAND USE
DECISION The affected property owners may request a change in property tax valuation from the
Thurston County Tax Assessor's Office
The preliminary plat is approved subject to the following conditions of approval
Sewer
1 The proponent shall connect to the City's S T E.P System There is an existing 2" line at the
adjacent property to the south A connecting four inch line shall be extended across the frontage of
the property and across the frontage of Lot 1 of SS 8119 The S T E P System shall be designed
to City standards The applicant shall submit final civil plans to the Community Development
Department for review and approval
2
The three on-site septic systems and drainfields shall be abandoned to Thurston County Health
Department standards and the residences shall be connected to the City's S T E P System The
applicant shall be responsible for all cost incurred from the abandonments and the new connections
3
Two Sewer ERU hook-ups have been prepaid for this site ERU connection fees inside the LID are
divided into two methods of payment. The LID assessment fee of$1823 15 per ERU is paid on an
annual basis for 15 years and the balance of the connection fee, $2,480 (fee subject to change) is
payable at time of building permit issuance The LID assessment attached to this property is
$36,463 00 At final plat, the assessment will either need to be paid in full or segregated among the
developed lots The City is currently establishing LID segregation policy details
Water
4
The Proponent shall connect to the City's water system There is an existing 8" water line located
on the adjacent property to the south. The line shall be extended across the prop~rty frontage of the
development site and across the frontage of Lot 1 of SS 8119 The on-site water system shall be
designed to City standards The applicant shall submit final civil plans to the Community
Development Department for review and approval
5
Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day
and are currently charged at a rate of $1,OOO/ERU (subject to change) inside city limits. This fee is
payable at time of building permit issuance
6
The applicant shall decommission the on-site well pursuant to DOE standards The property owner
shall sign a Water Rights Dedication Agreement.
7
The applicant shall connect the existing residences on Lots 1 and 3 of SS 8119 to the City Water
System All costs incurred with the connection shall be the responsibility of the applicant.
8
All open space areas and planting strips shall have an irrigation system with a separate water
meter( s) The applicant shall submit final civil plans to the Community Development Departmentfor
review and approval
Stormwater
9 The applicant shall design and construct all storm water facilities in accordance with the DOE Storm
Water Manual, as adopted by the City ofYelm Best Management Practices (BMP's) are required
during construction The applicant shall compile a final storm water report along with construction
drawings
10 The applicant shall submit a storm water operation and maintenance plan to the Public Works
Department for approval prior to final plat approval
11 The stormwater system shall be held in common by the Homeowners The Homeowners Agreement
shall include provisions for the assessment of fees against individual lots for the maintenance and
repair of the stormwater facilities
Transportation
12 The street design for the project is a local access residential and shall be included on civil plans The
Page 2 of 4
applicant shall submit final civil plans to the Community Development Department for review and
approval
13 The applicant shall be responsible for half-street improvements along the frontage of Cullens Street.
The frontage improvements include lane improvements, curbJ planter strip, sidewalk, landscape and
storm drainage The Cullens Road street section is "neighborhood collector"
14 "Road 8" shall be labeled on the final plat map as a future street connection to the adjacent
properties
15 The applicant shall construct a driveway to City standards for tax parcel #317123110500 The
driveway and driveway approach shall be located on "Road A" as shown and included on the final
civil drawings
Fire
16 The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet
minimum City standards
17 The applicant shall submit a fire hydrant plan to the Community Development Department for review
and approval
Open Space
18 Tracts A, 8, and C shall be preseNed as community open space and held in common by the
property owners The applicant shall submit a Homeowners Agreement to the Community
Development Department for review and approval The Homeowners Agreement shall include
provisions for the maintenance and operation of the open space tracts
19 The applicant shall submit a final improvement plan for the open space The plan shall demonstrate
compliance with Chapter 14 14050
Setbacks
20 Front yard setbacks shall be those of the underlying district: 15 feet for the house and 20 feet for the
garage Front yard setbacks shall comply with the variation requirement of Chapter 1761
21 To comply with the variation requirement of Chapter 17 61, the rear yard setbacks for Lots 17 thru
20 shall be reduced from 25 feet to 20 feet.
Landscaping and Buffer Area
22. The protection and maintenance of the Type IJ 15 foot buffer along the western property line shall
be provided for in the Homeowners Agreement.
23 The applicant shall submit a final landscaping and irrigation plan for Tracts A, Band CJ for the street
planters strips and the buffer along the western property line
Environmental
24 The applicant shall comply with the mitigation of the MONS issued on May 10J 2000 Mitigation
includes
a The applicant shall mitigate transportation impacts based on the new p m peak hour trips
Page 3 of 4
'"
o
generated by the project. The Transportation Facility Charge (TFC) shall be based on 0 60
new p m peak hour trips per townhouse unit. The proponent will be responsible for a TFC
of $450 00 per townhouse unit which is payable at time of building permit.
b Trees along the western property line within the required 15' buffer shall be protected during
construction with construction fencing
c. The proponent shall enter into an agreement with the Yelm School District to mitigate project
impacts to the school district.
Subdivision Name and Property Addresses
25 The applicant shall submit another subdivision name The City will forward the name to the Thurston
County Records Department for approval
26 Prior to the submission final plat application, the applicant will provide the Building Department with
a plat map for addressing
General Public Works
27 Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be
required
28 The applicant shall submit a grading plan to the Community Development Department for review and
approval prior to anyon-site grading
If you have any questions or if I can be of further assistance please contact me at (360) 458-8408
Sincerely,
~i/I<-J ~k-,
Catherine Carlson
Community Development Director
cc' Candace Cramer, SCA
Shelly Badger
Tim Peterson
Gary Carlson
File
Page 4 of 4
~2/el/20De 12 53
'.
42554613818
PACIFICA BANK
PAGE e2
F~~-19-97 12:3SP 61r~baum ~aw Of~ie.
~06 5~6 4813
P.02
SETTLEMENT AGREEMENT
l, p1\RrIES
The pat"ties tQ this Cll],t'eement are CLI.Fi'~
Mc:17.ALL and .JAO;2U1:LlNE MoFAI.I.., U-Otnf truOOLJ:S'rONi KEN ~t'lQWN
:and L1JJ'RA. ~, CAJU{n: ~MUAA, TRAVIS tJI~, DENBI~
DRtHER, and WINDERMERE ~AL l$'t'A'l'E.
2 RECITPLS' Tne e~Qwfi$ ~re purch~5~~ ana the MeFatts are
Se~lerg of certain lat'ld in Thur$ton Count:y under a Ree.l
E~tate CO!'l.tract tiatec l..ay 10, 199Jl,
'i'he Bt'Oh'n land 3.$
~j~cent to othQr land owned by the McF~lls, who wish t9
sell such land ~o Huddleston, WinQer~er~ R~a\ ~st~tt 15
the listinq and selling ag4!nt on th~C tra.nSae:t;i.On. The
Browns claim entitlement to continued well end septic
:servJ.ce from. pOints Q1-. the adj'Bcent p~opet"t:y by virtue of
the ~eal E$tate Cont~act.
the McFalls contend that the
Brown! Agr~ecl ~o abandon such claims and obtain wate~ ~nd
~cwe. ~~r~ic~ from the c~ty of Yelm when ~ueq ~e.vic~ was
available. Th~ ex~~t6nce of th~ Brown claim l6 a le~al
iropedi~nt to the closing of the transaction between the
Hc::Falls and HU<Jdleston.
The Mcf'alls also contend that
the Brown5 have made unauthorited alterations to the
proPArty prior to maturation or the Real ~St~t8 Contr~c~
in violation of Paragraph 29 of the R.~l Estate Contxact,
3. NO ADMISSION OF WRONGDOING:
Each p.;l.t:'ey di$puta~ the
o~her'~ contentions, ~~d this agreement shall not be
ccns1de~ed as any adm~~~ion ot wronqdoLng o~ other
1 - SEnLe;MENT A,GRJ:;EMEN'r
ORIGI'NAL
~2/el/Z6ee 12 53
425646ElBlS
PACIFICA BANK
Feb-l~-97 lZ~~8P Bir~bcum ~aw O~f1ce
206 ';~t5 4813
liahility by ilny party,
cornpromiBe only.
It must be con~iderect e.1I ~
4, IN1ENT OF AGREEMENT
It i~ the intent of ~he partis5 to
thi~ egre~ent that the ref~r~n~ed clai~~ be sQt~led an~
corapromi15ed completely, <<0 as to avoid the ut'\ce:tainty
~nd expens~ of litiqat10n
5. TERHS Of .AGREE:~~
'I'he pa.rt1es aql:'.~ to s9ttle this
matter as tolloW6:
A, ~h~ Browns waive any claim of further entitlement te
continued well and/or septic sc.vice from any point
on the adjec;l::nt Mcfall property, and to term:'nate
the existing servicQ upon completion of connections
to city wat~r a~d ~~w~r e~rvi~e.
B. McFalls will not be responsible for any cost~, rae$;
char9~s ox aS5e~~ments what5cever aascc1ated \-lith"
or n~ce:seary for the Srowns water and sewer
CO~h~ctions, or the ab&ndonment of the existing
well. Huddleeton 5hall p~y all charge~ assessed by
the Cit~ for the 6rown water and ~eWer serv~ce
connections.
C Wind~rmere ~e~l E3tate shall pay ~4JOOO,OO f~crm it~
r~~l estate sal~5 conwiCJS lon on the
McF'all/Huddlsston transaction to Huddleston as
partial rg.mburseruent for: the charges tQfel:enc;!d in
5B above
D The McFalls and Huddl9ston agree to proc~ed to
closing Qf the McFall/Huddl!$ton t~ansaction,
E:. McFalls aqree to teke no action wit;h respect to
Paragraph 29 of the McFall/Bl:OW11 Real t~tate
Co~tract tor any alterations or improvements in
~:'O.st~nce 1115 of ehe dat~ tr.e McFalls havl;! si9ned
this settlement ~~reement.
:. M.cFalls ~re under no obligAtion to u.se Hucole:lton as
their Gontracto. for: th~ i~.$t",llation of sewer aod
water lines to lot 1.
2 - SETI1.EMENT AGj{EE.1I-1ENf
PAGE El3
P.o~
'~2/e1/2I}ElEl 12: 53
42554513818
PACIFICA B~NK
206 5:J~ 4Bl~
PAGE Bd
P.04
, .
Fab-19-~7 14:~BP a1~"baum Law Of~;c.
5, ~NroRCEME~lT: This aqreellnent ),:;1 ~Ubj~l;;t: to :jp4JdHC
parform~~ce without proof of thQ ifi~dequacy of l$g~l
remedy and may be otherwise e~forc~d as providQd by
1 a'''' , ThQ pre'll'aUinq par:y in ilny <Action regard.ing
this ag~e9~ent sh.ll be entitled to ~~~over all
rea:sonable attorneY' 8 tees and expert witness fQe$
from thCl non-prevailing party. Venue t<'lr any such
action shall be in Thurston county.
DATE:.... '2)(1/Cf7
rJA1'E:~ '1 Jq I)
3//7 / t:) /'
~flH~' /M~
CL. ORD Mcf'J\LL
DAn;:
J /h /..:i '7
,
;?2
~
OA:U: :
DAn;;~3 {1..Ij, /.,-,
DATE' ~/41q1
I '
DAn:: vf.!j/1-r
DATE: .3 ~\d \ ~l
~
OATi: 91L1! q1
-....
~
J P..N Ht]~DLE$ TON
ft!"{{{f1E~r&~
by: DEBORAH E, DRAPE~
j - SETTLEME.NT ^OREeMEm-
~2/el/7.0eO 12 53 a?5545~818 PACIFICA BANK
<>JUN-:ze-?C; THV 12: "OJ ~77_~~1l/~~:i~:z..:7"7
D-19-1~ 4 ~"'PM _ ~lIr~IE'4:"mM ~ 4~ It>'db
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PAGE 05
t'.y.
........,.
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AODJ;NDtJM/~MENDMfiN'r 'TO l"\.!R(:I{ASE AND SALE AGREEMENT
Ii1lfP$'A'16080
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