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Project Review & Correspondence NOV- 2-01 WED 12 46 PM ARCADIA DRILLING FAX NO 3604261455 P ,~ 1- ~~,.~.~ ,- ~~ ~.,I- ~,,~ ~'~2~~' ~~: 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 ~---- ~~."~. ~ 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- OS 00 00 800/S00 sa~ed U6Z9vv6 'ON [al/ aweN UO!lelS >10 ~OO UO! le.mG 'ON ~'i.I'i.I~ 'wwoJ 'oN ulS OZ 60 Z~ das PU3 6~ 60 Z~-das llelS OLS ON a I ! j UO!ss!wsuell AAowaw 3GOW ** ~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 :pafOJd ./" Y ) '- /, :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 11\\1\1 \\1\\1\11\ \\1\11 \\1\11\11\\ 1\\\\ 111\\111 \1\1 \\\1 ~[r;~~ t: "~~" RAIHlER GEtlERAL OEI')ELOPME COI.) ~7 80 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 4 \ "III"" \111' ,\, I' ,\ ,\" \,,\ \11'" '1\1 ill RAINIER GENERAL OEIJElOPME WJ $27 00 3352957 P<ige 5 of c:f 05/15/2001 to ThlJrst.on Co, ~l 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 5 11111I1111111111111I11 RA Hn ER GEHERAL OEI)ELOPME COI) ~7 OG 3352957 P-'1ge 6 of 2fi G5/ 15/2GO 1 1tJ ThlJrst.on Co, ~li 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 6 11111I1" 1111111111111 RAINIER GENERAL OEIJELOPME COli $27 ~~ 3352957 P<igi? 7 ell 2f D5/15/20D1 10 ThlJrst,on Co, llr 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 7 1111111111111111111111 RAINIER GENERAL OEVELOPME COU $27 00 3352957 Pi1ge 8 of 28 85/15/2001 10 If ThIJr's\'on Co, fiR 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 II "" III "" " III" "I RAINIER GEHERAL OEIJELOPt1E COU ~7 Gf:J 3352957 Page 3 01 28 05/15/2001 10 13! ThlJrs\' on Co I ~IA 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 9 II 111I11111111" 11I111 RAINIER GEHERAL OE1.JELOPME COl) ~7 ~~ 3352957 P <'Ige 10 oj c::tJ 85( 15/2001 llj Ie, Thurst on Co I ~IA 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 10 " 11I111I11111" 111111 RAINIER GENERAL DEIJElOPME COU $27 00 3352957 P<ige 11 of 05/15/2001 10 Thurst on Co J t 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~ ThlJrst, on Co! ~lR C'<) ~ ~ ~ ~ \0. \:j- M ~ c{\ (0 J -.. \ FilE NO .P flJ.\lF]le v\W\!r] .aifr J\ 1.afl 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 ,i{~iij}p;., 'Q;' {V " 1Li.~'~' ';:0, ,0' IP; 'C' ,.-, _ - 1%' ,a, . == - .-t' ,~, .. ,-.:' \~, ~J '.... '~I '..~A5Hfli'~"\q' ..._-~..."" ct ~ 0- ('" ",,, ",,,"," "'" -"'" ,,,,,,,. """ """, ~"",-,) m^, ,,'" " ~,"" " -"" """m. ,,,,,, , "". ".. "",,,~ " ",,,,,, ,_. , "" . "'" ",,, , " -, """", '" <>-"'" " ,~ " ""'," " " """ _' "", "" m_ .,.""",""" "'""". m. '" .~"",,, IN CITY OF '(f;tM, THURSTON COUNTY, WASHINGTON. LANIJ SURVEYOR'S CERTIFICATE , ,""" ",,,,., m^, "" ,~, " ""'" "'" ~"", " ,- - "" """ ",,,,, .. -''''' " . "",,,, " "" ,. ,. </' " ~,""" " ",,,,,,,,, " ".m. ",,,, , "',. ,.,. '" m. ."""", ,.. ,,",'" ...'" __ '" "",,,,. '" m' -~ "^" "'" '" .. ..- '" .. m^, m. cO' ".. """ - "^" ... """, " "" ","" - ,,,,. ill'-" "" ",..~ m" """ ~"" '" ,,"," -'" __,."c. , .."""", ",...,,'" "'" ,~.. ,,,.,,,,,,,, "", """,~ ",,, ",,,,,,,, '" , ,., " """ "',.,,~ - .""",,,' '" '" ,,- .. """ ,,,,"''''' '" ,,,,,,", ,,,,,,,,,, ,.,,.~ ,," ,,," ~,m"" ,,,,,,, "c. ",m - - "". ",,",,"" '" , ,., if """ "'?""" - """",, '" ;,. "',,'" .. """" ,. "...,. , ",", "" "".- " , "" " """ -- - ",."''' ",,, "",., ".. wO'" -'"",,"" .. "" ..... 00-"""'" " M' -,,'" ....~,- -,'" -, ",,", "" "" ..' "",,",,' .. "" ,",,.,, ,. ,~. ...."'"'" " . ,., " m~' ,,~ - """,,," '" '" "','" "" ."",, ,. ,_. "", """,," "".. ...."''''' if , ,., if m"" _,ro ""'" ",",." '" '" ",~.. ,~ro' ""'" ,~ "-', .. _" '" '" "" " m' """' ,,,,-,, ill "",,,, ,,,,,,,, ,~= ~... "'"""'" ,~.. '" ",,,,,,, ",,", ,,_N _ " _ '" "" "^' .. m' "" """ '" -, """, "",,= - "" "'" '" ,,," ""- ",-" ,,- .. "'~ '" ""' - '" ". ,.. -~ - -'" .. '" "..",,,," ",- ..- " ""- "",. "" "" """" '" cO' '" ", _, ..", .", ,,," . "^..,, -, "'" M' ""a" -' '" _, "'" '" "'," '" ,,,,,,, .".." "" ",_,,"" ,,"_N '" """" ..,,,, ..." ," " - ro '" ",:.""... .. '" ",,,,,,- -"'" ",,,,,,,, .. """",,,,,,, " "" ""'" .. _~ "",." ",,,~ '" "" ,,,.,,.. _ ".,R'''' ~"" ~' .. J ~, 'l__~ MJ. .~--' ~ 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'! !!: MA ASSESSOR d. ExAMINED AND A!'PROvfD THIS.JJ:..:-DAY of .J1J1!j--,2oo1. ( TREASURER , ",... ",,,,., m" '" ,_ '" M' ",.. _am ,",'" .. '" ,," if '"' '""""''''' .." "'" N"' ". '" .. ",,-' M' --vEAll. 2001. ' -. I I '7 17\ I- .. \ r, \ ' -' -t.--V-! ",..", _N m' ~ couNTY AUDITOR: FILED f()K~'''''' "m' ,,_""~ """, ~.~, '" 'MaIL ,",'. " "",,,, "" -,",.""" -,," "" ._ro _ -"'J _",., "" ",,,,,;','<r ~'_" " """",. _N. WASHINGTfj ~I ~ .., r-F... Jf)~ c ~I)DITOIl BY' ft.liJ..K7J~ ~ . 077 ~ood\ond Sl\uore \.p S( \ \.oeey, '1'IosninqtOl1 gB:103 l ., \360) 493-0002 , . CloO) 493-2470 rot CONSUli\NG CI\\\. 1R>>lSPORiA1\OO p\.>>lI1l~G S\lR'fC.'(\\1G Joe 100017 \\\ '+- ~ ~ ~. ~ ~) l(' ~ c:i l{:: I \0 ) 0\ \ ~- , CL -1 i~ ~ H_ FILE NO "'J~,?~q$'1p per 'Lof-3 P F))!JF)l~ 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 '\ 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 \r) ~ NJ ~ '0 ~' ~ 't ((1 J (\' (0: \-- ~ ~ -J (\. \ \ '- ; .... ALSO FND 1/2" IP WITH 10'22 PLUG. N30' lB' J6"E. D.35' FRDM ReBAR & CAP C ': ;; C .., ~ C " ;: Cl 8 ., ... ,- ." C" ~ :1.: ~~~:: ~~..: ~ c, E: ~ ~: ;; 75' C ': ;: C ': ;; A PORTION _ n.34 - - 13 S~ 92.17 14 Ic @~ S88~ 92.07 15 S 88'29'51' e ~ 16 @ S88~ 97.67 17 @ S 8879'57" e ~ 18 ,g S 8879'57' e ~ 19 'c C@)! :J ... S 88'29'51' e 91.17 20@l) 91.00 FOUND Re8AR AIID CAP 0.06' SOUTH/0.23' WEST OF CALC POST110N BASIS Of B[ARING$. ~ S! ;: Of TH [ N E FIL[ NO 5')C1Sl~ 13'178 PF);11flJ2 YlJl;\jJj 2~1;1125 1/4, OF THE NE 1/4, OF SECTION 24, TOWNSHIP 17 NORTH, ?"\.:";C~. .,,").. FUTURe STRITT CONNeCTION TO ADJACeNT PARCeLS 28.00 ~ - ....., f3/i:>'. _ .. ! I ~ ~ I _ I 0.14, I I - ~0F'8E'AJ:>f,,^_1 I ~ I _I'~ __ _ ~I ~ W I - I _! CIl 24 n.n ...-.~. 10.00_ _ I (J)I - - 10.00 I I- 1 <Xl S 8879'51' e 114.38- _ 1 tf) ~ ~ 94TH AVE SE '" ~~;:-38 TRACT C OPEN SPACE I a: S 8879'51" E' - - - - - - -$-- 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 ... c ~ - - - - - ~ - - - ,,-e12 - . I o ,::C: -..I \,<: ::) -~_I _~1 I 0: "" ",r i I I -' "', ?i S 8829'51' E: 519.54 '5'5.'j(j - --+--- 28 c " ;: CIC .., ... ..:0 ....., '" '" W lr <C lr a.. J \,,1 .C,'" ~:J oN <:1 49.00 40.00 '" .... .... '" C Clg '"16 ;: <: ~ ~ c " :;: 151 t;1 ~I'" ~~ "" 28 \3':: 28 l!:1i5 "''-' "'~ ~I~ "Q",,21~ ~ S 8829'42' E' 28 I.... --- ~ .......... 0;:_ Ifl..O\ j~;12 , 11 \,,1.... TRACT A .c C OPEN SPACE g 0; 5 --<: 5.947 SF ICRES ~Ii:> C . ~;; -5 <: - ~ 00 EASE:I.IENT FOR INGRE'SS, EGRE'SS AIID UTlLITl<S HERE'8Y CREA TED FOR THE BENEFIT OF LOT 3. SS-8119 C ~I@) 23 ,."I~.:. ~ .... 36.00 36.00 '" .... 10 ?3,.... cC t:;; C <: f3,.... 0': r>'" -'" C 9 <: S 8829'51" E 91.39 ,----\-------V, C'.j' ~ '" ' POWER UNE' EASEMENT ~ ::! AF 1624975 t"-' -I (NO 8U1LDING RESTRICTIONS . ...., USreD IN E'ASEMENT DOCUMENT.) o ~ ~ ..., I 22 ~! ~i 01 S 88'29'51" E 9~.01 '"I P..\PCf:_ ~ I t945Z 21 I()!~ ..l.___i_________ 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, I '" 20 1 ~120'00\ - 30.00 I I 30 I 20 I I 1 11,,,2;. ,\:7':"-D 36.00 124.38 114.38 36.00 36.90 38.00 .... .... '" 001'" \" ~ "') .0 t'i oN 001 :2 S ~,:2lt o ~o- <: <: 7 \"1'" c.... ~2 5 <: '" .... .... S @ 38.18 40.00 '40.00 _ y ~83.9!C E _ 320,EO _ _:" ?31.1i " . ~~ " @) @lD .... "'I'" c_ b~ t'")::: , <: ~I~ ~~ 5 <: 22.910 SF D.525 ACRE'S 2 "'IC c.... ~~ 5 <: 4 3 157.24 --- FOUND 5/0' RE8AR AND CAP ~.~/'2~W o~.~~~O~d'ifr,ON "".1 -: -:' .'":t;.,",:.~ ., ............... 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 <: C "! 0; Ntl~.., ~OO" ~ if' '$ -,~J.' >, ~<a. Nore: -<>s ~ , 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 ~~; ~:) r r 0, r . :;~: ~ ~~ I L______ I \ 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~ ~~ -( N. Slj ~ ~ 'I! ~ t #~v ""'SS!ON"'~(.I.:~ QA,U l ..A..L'L A- i <<:?: :;,,:-<:!) , '"~ \ N ary P~lIc m and for the ~ ~ - , :! State ofWashmgton, resldmg m ==*. .*5 ::: , r '3 .::::a ~ cJ), &...~v . ~: iiiiI ~ '1'1:- ~: ~ ~1-0 OF w~s-r.'$,,",CJ~ ~~AY' p\)'O\~ I'Q"/J 1/11/ U \U\\ \\\\\~ ....-: . I e...nlv\() 9 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. ~ (j--{..... ...~)? ~ ~ ff ~...,.~\",". ~.~-t-.~ ~ -j) H ~~. .....<;,,~ ~ .. (i') ~ (l/!/\....(<l.......u., ~ :. ~ AUG ~ ... ~ N tary P~hc m and for the =. 5 . = ~*~. 2003 :~~ State ofWashmgton, resldmg m ~.~ ~. l!Si ~ ..'1'1' ~-.. ~ ~1-0... OF w~s't.~....~~ ~ 7';,........;.,~v# ~.,.qy pv ~~ 'IIQIJIIIII1I\\\\\\\\\'\ --- I e../\!\ I V\. 0 10 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'~\.~'~......~ };:.. ~,...~~ ~~-:W~t-~~!'--"~V~~~:W-.v~,{ti::: [~~~'M~l~~~:?",""""'~~ t . ~ I ~isl om:aCZIII :2:<... ;~d I h~i - - - -:- ----- 3s-ovo,?IsN3nnO-- -- ----- --;-- L.._~_ ~"'~.. 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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. "" <:) ,,' COS\ON t-':. 0, ",~ '.(c 'j ~ o. ~ ''i.c'.. k. '~.. ,I' '..1'"";. c~.. J ! .. ~ ...,CTAR'" -s:' ,1J c: I'" , i. r : d ,.... 1 fT'\ 'I () cr., ~ ' () --'-- en , ~ ~. " PUBUC : 111 ,. ., ~ '" t, 'llSl~ ' , ,1, 1 _ a '?:J "~(j.f \ I, '9~, '~...0 - I" "\~OFWASy..\':.-: \, \",'...."...-- :~) -",' - .:." .\ '} -" \\\.~--.;~ 4_..,;~::..;...---- 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. -- Sp " ---~,I>- Iv~" """ ,\---" ' , <...')..-', f" Q'\,,~S\ON ('--/> I, "'..~ ~ '/ 1 :'~ ~OiARY ~ .~ ~ :0 _'_ w ~ '1:0 C I t, PU8U ,I ',' 0 . ~ f l,lSl~' 1 1 ,C) . !:o-(j~ , ~~ ' ~0~ "\ ~OFW^'S0~_-- '\ '"' -- ~,,"'-- 'b C1 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 6 wls = I ili; I ~iI .: · b !!- ill J II n! i, I i ~i ~'l ; Ii: ~ I~ & II ~ ;~I ~~ ,;- Iii if ~ !l!llIJ I ~ ~ I % ! Ii., ! !! 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S.!aa ~ .\ '.:lr~11 . t ..-"'~ bel ~r::: , j'J 1,1i f1i. W.H~~Q u 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 1;;ufn {/JfVf~;/ <V 0' ewer ( I {Jr /11 f} ~) . Pb,s L- ai. i1r<---- /10 fwt; iiJfb -/b Me.. tUtfl-N,,-vrp7 IIry rum vcT_ --rite-. wold ~~ ~(.ei'Jl1e",J i j " U d '~ :r M()~ t1 t1PL &Jm;J v 60:;:: (!aM. e. 7l7C{j / ,f 10 ~~I Dd !;.t-U--Iks<!- r1 '-5 fp dP( --C i/Jd/flf ~/.v' t1.:d-I/J~ 7S r u/lfjJ---) rJ /."f, tUL riM 'f 1lu.cL f1;r 5 tUrh / -7/;0 tUe/b t5 de-- r!0ll1fn155JMuL 5u tiJ~ /10/0 tL i..rtflL -hIilG j; wi 1/ .:5ellvL tV &11.(///1 fl--I//ul, Ia/d ~ siff / 1Jl1l-r ;'1/ IM-- /11 vw - / 10 -f]o 1n.. v;~ 'f 5I/V'-- re r b 5 ()Y) - ** 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 ~ --:;, "': '" -;- :(7"""'-;- -. 0-- -" 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 ~ ~) ~8) .". 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~-----.. .-I t t,.; ~ i. t, ~". 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 ,()~ 0\'11 \ ~ J-. \~,~ 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 155iLe5 /f;J :Yhl/ 1Uct. 6oM~ reSjJdn s e- jf--Ofl\ /](1//(. J:. iuRA'll fh(OW)h c::{ f2,( 1uA- f11e- ;!U1L'::> Ofl ii~ yt..1f (cpJ1t fJ;J Ljrf'tA- f/~-/tJ eJ1r0c. 0/ I17~JcL $tcrc --the; tuM'0 ad'I-R-, 7- 1;t1-~ fJ &;. /17 (!p Iti/J /d-c cfJ^.- lVlo<,f of fh~ I 6J j; flo(d Vjt1lA- 10 {/'U/0 t4t4C1f prMtLf II{ (., lU (-/JJ tAL or! ItJ f (({0f~ Ie)/ PI1 ':e , ** 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 \ \ ~'\ '.i ~ ,\ - ~869 NeW water HooK Up t) J ~ ')..0 J-.~" D __ 2fc--D I , ,0~ Date Name~ A.ddreSS~ PhOne No lJ-u_1o - ~ ~vVvv-0( ~ty.>~ Cj'i-<fs ~h<c&*:f 11 :)- if 116 eJoDi fees paid Receipt No . --------- Englnee' N>~ 0 BU\\dln9 O<<\clol ~pp'ovol 0 A..~ ,Ld-"" f!j/G comp\e\ed: Date Signature Meter Reading' crrY Of YELM YELM, WASHING10N j -" " r) f} ,i/ \ ," 1-- 1..-'--- I .rCc-. / / '1 ., 1 " ICY- Ii A/' V \ /-r.~.' ,_ '~\ I '[2-':~ / .('. 0 i,'t),C !~lj t /) ,( ^' ;1' \ \ () <J j \ \ C>)' '\ I} ), ',) \ l'l .;; -t~~ (j C'; iF It II ) C ,I ). l L, \ c't' ') \ .~ Ii / , I )'/ __ /\ /l _ \ {.\ V ~ / l ''-": ~I ~;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, ."...: ~4'-.'':'''''', <~< r- "'...." .. " .." ~. '" .. . , ~ ~" ",' ~ _. , '. < '" __ ,. + . .' 'I _ '.,-' " ~ J' . ,", . -- ,,-.-- ._.._----.------ -------------------~----_.~~---_._-~--~----_.._---- ~~._---- .,;."c.... - ~ 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 \ I \ \ I 'll \ d I :& 20' J2C.OCl\\ >>OO~ .lO I 20 1 ;f:3 11 ~ 3/4' flfiII /'If'€ 1.2' 1lEJ."" 2{ It ~~ i F!B. ;l(<lO. \ A PORTION OF 55-8119 THE NE 1/4, OF THE NE 1/4, OF SECTION 24, TOWNSHIP 17 NORTH. RANGE 1 EAST. 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I 19 @ ~\ 1 2Olf.211 S ii'ii'4i"E S~I'E i1.i7 ~ ~l -'I 20@ "I 151~ FQ.I'O '/1' rtEJJA/f 1J'IJ c>J' ~- lfj,P:B1,:~$llCJI ,!.CIO - I ~~,..oC/'l' I 0.05' st1.flH/O;23' II(ST \ OF CJJ.C pOSllCJI I \ I ~ 02040 /)0 ZONING R-S BASIS Of BE:ARINGS. s>.oKI sveo'iS'Jlf 1111' ~ ~ iH -.0."-: 27 OF ltfOIlT PLAtS. PACfS uo 10 4fJ. 1IE(:OlDS OF ~TtlI< ~lT. ~l'Gfl, ij(jDNG !HE "cR~' ~ OF LO' 2 1J'IJ !HE "cR",oal c<lfII'IOI OF Lor .. lJE:mOO Of suRVE:Y: ~ dJ'Ol'ClO) '" SI~ ,-ell "",,vISE "",fHOOS .'" !HE USE OF A LDCA TCo'lIOJ 10'.... SfAllCJI WirHC flJL ;l(<lO. LE:GfND: . sLr ,It' IlEIJIR 1J'IJ c>J' Sf"*"" .c,JSSDJ 271JJ' S sLT l' 8R.u5 lllSC iH r;aICfIElt o FQ.I'O,p: """"" 1J'IJ cJJ' ~.. "tPfC ~, CALc;1LA!tO pOSllCJI pOSllCJI pOl ss-Sll" ..,oLSS oJ>OlllSE ",,!to- (jjjJ) ~ss ;::v.cm ~iXI '5ifl lJQ.~ 1&''' ~ 2!-73 19.,0 ).73 .,.,0 11.78 91,,0 ~." '02-!O ,..11 12!-,o \,112 .2!-,o 40." 7Ull 2!-11 2!- 00 JI. 2 25.00 :Jj.17 pARCEL 12172..110603 lOT I, 55-8170 ()I$TNa ,'f.7i"'"" 5:2i 1'i3O \.i t \ Ii- hill 1.;\ \... '1/ v ,-_ 677 1IoodO~,4 So.uor;~ . , L~~~m~~ " I ,,,,n\ 19l-6002 HEET INDEX 1 0(llICA l1OH. 1J"I'ffUfJJ-$. ~ COI~rtS. CURVE TABLE: ... OEI-fA C1 ~w C2 IITJ!'W cJ 11'1""" C4 $I)4'q- C! 18'18'Jo' cs' - C7 ,8"23 C1I iiU',o' cs 1~'2J' elO ,,>JJ"" ell JO el2 ~.,.,. ~ LO'" 1-12 1J'IJ 74 LOIS '2-74 lllAClS ~ 1J'IJ 8 Pil.uoE ...., Sf 5E ..Ill ~vt 51' y(l.Jl. .. 'Il)JI. ... _ ....'" ,...'l"OJT 8 "" o N "" 01 i' "" l;:. .... w U ~ <I; 11. \ 20 I \ r------ \ 1 \ 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. 2l'(\' 1 Ikulcl'-!L !lrll' '-, \\ l )illllj'll \'V '\ ')~~02-hl'4~ (i!1(1) 7"h-~cf 10 ! '\ \: (i(1L!) 7~4 2')~, TI 111 (ih('i) 7~+2')i j @ J\n. 'cll'~l IdpCf /' o 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 I I I I I I I I I I I I I I I i I , I i I L 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 ~.t~ 5-f,~ ..,:}o~2 ~~\9"",," ~ April 10, 2001 Cathie Carlson, Community Development Director City of Yelm POBox 479 \ Yelm, Washington 98597 ~ LA--J\l- {7~ ~O,"DPD Foe... ~\~ ->1t.O 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 /( ~ ~O~6 0Z-o.J ~ ~(7J ~.J'r;Y , ~ 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 ~8 o~ ~O \ pEP 19 0'" ~ ~ ~ ~ ~O-~3 ~-4'~ ~ Ql2O"~s feoo.t$? A6 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 '" ,'j PAGE 05 t'.y. ........,. ......,... AODJ;NDtJM/~MENDMfiN'r 'TO l"\.!R(:I{ASE AND SALE AGREEMENT Ii1lfP$'A'16080 ~ Ib'ItQwitl! i$ J1I11 of ~ ~ and S~6 Ay~ dttN MI) 10, 1996 btltwl'flt Oiffonl ami 1~ Mt:hI!. ~'J ~ J.JVJ ~le~ adIor aaJpt.. ("BU)'tt"). rt~ AQWt) ~ nm SBl..LU. A1lD BUYD. ,IJll~ 1 Tell ~ dQUu, (fl~) in ~ (a'lll!fl ~anw:r U Imebt ~ on MOfI6ay tt.o l"lib of JuDe 1m. Slid QmlS'llIlCltIq wi51 be ~ ~ ~ ~ 6v.u ~ Wm pi ~ ~ ~ ~ a ~ qT~ U9\l't1 ~ l3f't&b tfped arldecv.hun n 1 T1l6 !lilt Iec.u plYlftmt Ohlllt ~ IJld eishtr dcllm 11I4 ~mn ~I {$~<;I,S.,) to bt due CIIS luJ:y 17, 1996- ~ stWIlIllaiI pA)1tm'lt ~y lQ 5dlrlr~: II O. IIOK~. ~ll, 'WA '131t 'Ibtte ~I ah.U ~ a-cIe &'llO\Sf~ wtIl daM ", Ale &lid ~ pOt 1D be ~~ I'O'nr'lb ~ prl~. U fsr* U~ iD CMlJltt( ~ *1 ct~.mi ~d. ~~ iJd6fo. :I Pur-elalfl' ic a""Vt ~ % dnill1itId <<ntroldmtms on hI<<l 4 """'hutr ~ ~ dt.tutb mIs ~ Ultti\ rXt:f -- It ~ fbr t9t1 I A J 11 b u~ 1tm th, ~ 9f' ~ &ht 011I ~ .,,,""' t2rIt ~ Pmdt 1..inttdinB the now ~ tntem~' 1M oo~ to tt. Ydm """If <....", \0 Clty <4 'fwfm hlqul~,) MIl be Jt the ~et\Y of SdIm. Tbt MWff ~1I wil[ k CQft1pIetcIJ ~ 3~ days ~ ~ ~ .~ .t(7 1M prope.rl,Y HQ~ IN}'W vr ~tlT~ " ~l! rw 1(.W({ haobp 0/1 p~ j Sdltn.,.;n ~ ~611' J!I\I}'t1't of' P.,-ecf J, In wrhiro& .~ tp ~ ~ Ibt booIcup ~ t'twtr J1. AI JlfUl!nt u.. ltuya'it llMlJliq into &a. P~hbilil1 of ~ . ",I~~ livi.ua ~ CD P--a .c, w. ~~ ~~..:11O c~ 5. Stlll:tf Ulknowle4ae lltIt tky will notily, in wtWrl& t1Joe O~ ~ r~ '1 ~ l!lWnned .aid ~ Ill:d IMw.lI *4 ~1I"09t 4 'MIl h u.~ ~ me cklina otUk 9~!wJ ~ ~Ired by tbt City ofY" =d Wt ~ ~ or~) 1'l"iII ~ requll'1ld "" C\.lIl1ll~!O tl1)' o(Yeltn w&(... II Wr ~A)f. turdzer-o $e&rt wVI ~ I"flqlJred to ~ P<<C41! t to Ctt)' orV<!lbl water 111 UD ~ tilttt *' Stllm &l:pCft!C. ~ wdl ...m IlIOt l>e ~ \tlIll1 Gcy Vo'tt<< \$ ,vtlllilllc 1ttT ~ltin,. ~. .a.n tc.oditiollJ CUft'd1y ~ U\ ~ JluTcl1au and Salt A,)'!~ Ita", btlf'l met by SeH.,.- mt BU}'tf u of this 00.. ~ win now pror.eed" ~ .en~5 nuw\:J. ALL Qttma taM:3 .\NO CQNUtrtoNS ufadd ~ rtiUlllt u~ __~~~ID. "".~...",~d''''-~~) .:/1Y(9C ;:'k ., ~D,,",b !"Nt ~~~.;dll!;37'/ ~.ifj LlI/lW.-;;';' f :;:~. 'J. ~ B"JD.( It'lA.,; C!/f :(~ -j. I , ,) .. j. ~. , . ,-