Loading...
Project Rev & Correspondence~' ~} r,' Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 .. 4: r Y Document title(s) (or transactions contained therein): 1. Re-Record Two, amend legal, Auditors File #3368419 2. Re-Record Two, amend legal, Auditors File #3368420 3. Re-Record Two, amend legal, Auditors File #3368422 Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Timberland Bank 3. Frontier Bank Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NW 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East X Additional legal is on Attachment A of document Assessor's Property Tax Parcel/Account Number: 6430300504 ~~ {~ ~~ ~~~ ~~~ _~ 3 -_ ~~ ~~ ~~ ~~ T- J 2~ ~~ ~~ ~~~ ~~. T `_' T W _. 2 y .~ w n r n ~°• ~ ~-- '-ti ~ z -+ Q' ~CJ1 ri ." rw, (T1 2 rry ~~ ~ .. ~-A n~ _~ 3385154 3385153. Page ^ 1 ~: s ie~~i~,~~ ei a~ a; rtrv nc vFiM Mi~,C. tE 06 ThurstonNCoNvWM`H rrT;~ n~ v~irt HGR $lE 06 Thurston Cap WR 33851 Fair ~ L55 y r.tr~~ nF ti~~~ M FuA ~.Ae ThurstoraCo~~W~2A ~~ R 3 Oi <,., 'a N '~ `-. [° d,'-" z ~ ao ~'_ y . ~_ ,,,, M ~ ='-- ~ M~ ~~ ~~m m ~~ ~~ ~~ Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. LID, ULID, Latecomer Agreement 2. Waiver of Protest 3. Special Power of Attorney Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Timberland Bank 3. Frontier Bank Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of the SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303500504 ~~~ rte. ~~ ~~ 3 ~~ ~~ ~~ ~. _~~ r,~~ ~~ m m~~~ ~w ~~~W ~.-~ ~.~ -a~ .~ -~ cn G~roj o, ~. o CIt ~, »~.p ~~ .A r~~ -y ~~ {~ J- ~- ~~ ~,~ ~~ ~~ _,~ ~. ~. Tj~ 2~ T~ T .,.- -p W _• ¢~yW _._~ Vii iJ1~Q7 "' - CJ1 ;j ni 2 Ry 2 [-i ~-- ~, m "> W ~ ~, (L~ ~ A fU S Illlllllllllllullllllllllll~llllllllllllllllllllllallll a °~r,a. Illllllllllllllllllllllllllllilllllllllllllullllllllll e.;, 3385155 Pale ~ 3 of 5 10?15~~Na1 03~4~R f TTY f1F YFI M P[tA ~ 66 Thurston Go, WR AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/UL1D/LATECOMER) ---. THIS INSTRUMENT is entered into this /'~ day of rlr) z , 2001, by and r.:~ between the CITY OF YELM, a municipal corporation, hereinafter referred to as the ~,~~ {~~ > ~~ • "CITY,» and ~~ /YI !'y~k?r' Z ~/~~,ny>7cm L ~ ~ , hereinafter referred to as the "OWNER." .~ ...~~.. WITNESSETH: ..'~' ~....~ WHEREAS, the OWNER holds record title to the following described property located 3,~ within Thurston County, Washington: L T 3 F HU ST N U TY O T S BDI ISI . S 978 7 A R O ED ~~ SE TE B 1 19 7 U DE AU ITO S ILE O. 3 09 48. LS L A F - ~~~ 30 R CO DE O TO R , 1 85 D R A DIT R'S IL NO 510 50 1, "'~~' C RD O TH R ON O , WA HI GT I(-l /~~ ~j ~.,~ ~ w ~~il../1 1 al I l ~/ ~ ~ ~ Ili CJI 2 T .L and WHEREAS, the CITY has required as a condition of approval of the OWNER's ~,~ ~'~, site plan/subdivision for said property that the OWNER participate in the construction of ° ~ ~ -p certain utilities and/or street improvements as they directly relate to said property and the ~ ~ "~ ,~ ~3 OWNER desires that said requirement be delayed until projects are formulated for the joint ~' N ~ '~ v participation of other affected owners. ~~ _ m ~ ~~~ ~ ~, ~ NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: ti~~ _ M~ ~~ 1. The CITY will delay its requirement for the immediate participation by the 3~~ m OWNER in the construction of certain utilities and/or street improvements, subject to the ~~ ~~~ conditions set forth hereinafter. ~~ ~~ ~~~ 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: ~~ ~~ ~~ _,~~ Sanitary sewer system improvements; ~; Water system improvements; X Storm water system improvements; ~~~ X Street improvements; Q. X Street lighting improvements; ~~~ X Sidewalk improvements; T z y w ^~ Other =~ ~`~'~ ~'' ~, , ~ m z CITY OF YELM o' `~ ~' W ds\c:\office\plandept.cc\agreemnt.lid Page 1 m cn ~ -~ z p. n~ _~ 3368420 3368419 FagE~ 2 of ? Page 2 of ? d?,'~?;'~dNl 6y ~ 4`R 0?;~~71~601 65 ~ 4< MISC ~ 0A Thurston Co, WR ~~-~ :,n aA Thurctnn Cn. lJA 3385155 Fags ~ 4 04' 9 10,~151~00t a8~4~R f:iT1' f1F VFI M PUR x.00 Thurston Cu, WR which improvements are more specifically described as follows: Half street improvements along the property frontage on Middle Road. Improvements will comply with Neighborhood Collector Street Standard. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described ~~ in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only ~~ those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and ~; Agreement statutes, except, however, nothing herein shall constitute a waiver by the 3 OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of 3~ Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any ~~ and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described herein above, to ~ m~ accomplish the following: At such time as a Local Improvement District, Utility Local m~ Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described herein above, ~ m ~ w to execute a Petition on behalf of the OWNER for the creation so such LID ULID or o ~ ~~ ~ , Latecomer Ordinance and Agreement. This special Power of Attorney is granted in ~m ~~ consideration of the CITY executing this Instrument, and shall be a power coupled with an ~ Q, » ~ interest which may not be terminated. This Special Power of Attorney shall not be affected ~~ "' by the disability of the OWNER. z s ~ 2 ".n3 ~ 5. If the OWNER fails to perform in good faith in accordance with this ~~ ~ cNV " ,~ ° M Instrument, it is agreed that the CITY may discontinue utility service to the property _ m ° a`to described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, ~'~ M ~,~ ~ or may pursue other equitable or legal remedies. 3~ M~ m~ ~ 6. The OWNER hereby declares that Yt'~n1 y'rc~~Pc~ ,L~y~l~;'--~e~T ( ~ ~- C. _ m m ~ , ~~;~, a+~ the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. ~~ ~~ 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the ~~_ ~~ effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement ~ Q w thereunder, the effective term of this Instrument shall be a period of fifteen years from the , ~ ;~ ti ~ date such an Ordinance and Agreement becomes effective. o ~ ~ ~~ ~ ~. ~~ ~~ ~' ~, ~ CITY OF YELM ~' z. "'~W ds`,c:\office\plandepLcc\agreemnt.lid Page 2 z -r "' ro _• 3368420 3368419 ThurstonOCo~yWRcH 0?~'?!~00I 05~43f MISL x.00 0~0 :,a as Thurston Co, WR 3385155_ Page ~ 5 0#' y 10.' 15r'[N01 09 ~ 4~A f'iT1' I1F 1•'Fl M POA #3.00 ThurStur~ Lo, WA s a- r- ,=y 3 +~ N r° .~ ~~~ ~~~ M ~` ~~ ~~ .~ ~m m ~~ ~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~~ IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) ~~in ~%'~~ it ~~~ ~~ LC lm ~e-rl~-t~~'j,Anl~ - - ~iC~DNTI C--~' ~Y~•~ CITY OF YELM By: City Administrator STATE OF WASHINGTON ) OWNER(s) 9 ti . ~ ~ ~-. ~= ~;-- 3 -_ ~~~ ..~.~~ ....~.~ ..~.~. ~~ 3~ [fi C7 ~~ ~~ ~~ ~~~ m~ ss. COUNTY OF (v21~~j5 N~Q~30r1 -~w ~~mw F~ ..~ ~ ®~ ~' r-'~ m M m .~ ~~ On this 1~~c ay of ~y NL , 20 0~_, personally appeared before me _ Y1/1\ C-N A ~ l_ R . St~aD ~V P , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that N~ signed the same as His free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full 3 authority, for the uses and purposes herein mentioned. i ~~~```,M I C H E~ B ~~~ ~~ 4 ~~~~ d~~~gS10N f,~~9 ~~ ` ~.vo yam.' ~ ~ ~ ~107ARy ~ ~ C h t"Lvt 11J-L ~~~ r ~- -~ '°~euc Ndta~ Public in and for the State ; ,~ residing at F o~5fshington iNr'•• , , i~i'~ ~ B? ,gyp,, ~I~ ~~O'`~ 4 i~••~ ;Pry-~-ACS-~I~-.~ ~= T~ i~i~~, ~1f~A8N`~~Y commission expires: Z z zc~Z CITY OF YELM ds1c:\officelplandept.cclagreemnt.lid Page 3 -+.-- -nw ~2',gw -~-=~m ~; ~ 2,N~ ~ ~ o'`~ ::,W r1+ s -~ i 3368420 3368419 0?~~~'!~N 1 09 4`A y?~~7/~001u 6y~43A MISC 48.00 Thurston Lo, WA AGR #14.06 Thurston l,u, WA 3385155 Page ~ 6 cf 9 rtTti~ ni' vFI M Poa ~ A9 Thurston~Goa~WA~A IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. s ~3 r`" Q7 wm N ° `-~' ~~ c~+m., • R UI (Y) a•'w 3 ti r- .~ M a m ~- ~~~ ~~m ~~.~ ~~ ~~ ~~ r, ~.a- ~~ ~~ ~~ ~~ ~~. ~~ ~~ ~~ ~~ OWNER(s) ~n~•~~r ~ J ~ ~ ~~ CITY OF YELM By: City Administrator STATE OF WASHINGTON ) COUNTY OF ss. OWNER(s) ~~ ~-• G/ ~JG~c~R Lac •~ ~'JGtrlu On this ~y1'~`' day of r~vvt ~ , 20 c~ / ,personally appeared before me _ /J~~,y ,~~ ~?~/as~,~ , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that ~ z signed the same as !~ ~ s free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. ERIK !. HEIMANN NOTARY PUBLIC i ~ STATE OF WASHINGTON o ~ My Commission Expires June 5, 200 ~ CITY OF YELM ds\c:\office\plandept. cc\agreem nt.lid :,~..- Notary Pu lic in and for the State of Washington, residing at r~l,.~..~ ,a , w~ ~~~ My commission expires: s•,~yy Page 3 ~~~ {~~ ~~ ~~ ~_ 3 ~_ .3. n m m~~ -~ .- -mow z~~G' ~.,, ~-w ~. -. u, ~ ~ [ri j ¢• ~. ~~ ~_ ~~~~ ~,••~ ~i 3--.'~ =_ ~^ s ~- _____ ~~ ~_.-=' ,~ ~,___ rz, 2. 1• ~_,~ w ~w n ~~ ~ r a r•~ ~ ~ z ay r, .- o CT1 r~ ¢, --~ W 00 ,y ~~ s rv z• 3368420 3368419 ~, Th~rsto 6GoayWA5~ 6?~e?.'~661V 69 43A MILL x°.66 AGk $14.6@ Thurston l.o, WA 3385155 Pa~e~ ? of 5 10,.%15!001 06 ~ ~~f1 f'TT1' ilF YFl M PCiA $$.A0 Thurstan Ca, WA ~ 3 h Q] N~`~a' N -" c' ~w `ti .° ~~ ~ a. ~ Z 1~-- ~m m ~~ ~~- CITY OF YELM By: City Administrator STATE OF WASHINGTON ) COUNTY OF ss. {~ == ~•.--- 3 ~~ ~~ .....~. 3- CA [' i- ~= m m= -~ .- -~ W ~~AW ~"~ -~~ ~- -.. ~ m j 2 ~~ ~~Q a Q, .ti.~ . w ~ N { ~~ ~~ 3~ On this day of , 20 ,personally appeared before me _ to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. _.-.-- ` Notary Public in and for the State of Washington, residing at CITY OF YELM ds\c:\office\pland ept.cc\ag reem nt.l id My commission expires: Page 3 ~~ ~~ _~- ® -~ ., -n w ~?'~w 'row ~=- ~~ U1 ~ m ~~ c' ~ ~ W w ~- ~ ~_ IIIIRIIIIIIIIIII~IInIIIII~IIIIII~nIIINI~IN,INI a'¢~n'°~,aN IIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIVUI~IIIIIVIIII~ a3#`a~e~9n:,,~. IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) OWNER(s) ~'~ ~Cr N1 \LC M ~' G STATE OF WASHL~IGTON, SS. Counry of On this day per sonaUy appeared before me 3385155 Pege~ 3 of 5 16.' 15r'~661 63 ~ 4~A 1T4 nF YFI M pna 4~4 AA Thurston ~o, WA ACKNOWLEDGMENT -Individual to be the individual(s) described in and who executed the within and foregoing signed the same as free and voluntary aci GIVEN under my hand and official seal this to me known and acknowledged that for the uses and purposes therein mentioned. of 19 Norarp Public in and for the State of Washington, residing ar My appointment expires 3 -_ -_ ~r,~- r' v ~~ t`d..,.~:.. m • @~~o. STATE OF WASHINGTON, SS. County of SNOHOMI SH .x ~3 R ~ CVo¢'~o' ~ r- cm a CO -. .-, . r,_ ur 9r lL L (~ a1 t 3 M~ 0 H ~m ~m ~~ ~~ ~~ ~~ ~~ ~~ ^~ ~~ .ACKNOWLEDGMENT -Corporate On this 18TdFiay of JUNE 192001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeazed BEN M. KEMP --------------------- and to me known to be the VICE President and ---------9et:mary; respectively, of FRONTIER BANK the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and decd oC said corporation, for the uses and purposes therein mentioned, and on oath stated that HE IS authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said cotpontion. Witness my hand and offs ial seal hereto affixed the day and year first above written. rr ' L , ~~ Notary/~ublic in and for the Srate ojWas gton, residi~ ar 1~lARYSVILLE My appointment expires 10-1-2001 ~""-cENNgG ~~~ ff',wa3 ~~ppa EXP/h,~V~y ~ f t ~;RY ~ ~ -= v~ T- ~` .gyp- `>~l s"" This just is page of and is attached to dated -o ~ ~_ ,~ W ~~ n ._n ~ .-- -ti ~ z `~, V7 ,m,°ti-P as ,a z Z ~~_ 3 ~~ ~~ ~~^ ..~.~^ ~~ x~ ,,~_ ~ ~~ m m 2~ ~ W ~ to ~ Uri m ~ co ~ T 2 " o~J,W z= "' z~ y 3368420 3368419 Page ? of ? Page ? of ? 6?;'~?'661 6y 45R 6?,'~?!661 6y ~ 431 MISC ~ 00 Thurston Co, WR AGR $14.06 Thurston Co, WA ATTACHMENT A APJIENDED LEGAL DESCRIPTION AUDITOR'S FILE #3368419, 3368420 & 3368422 PARCEL B OF BOUNDARLY LINE ADJUSTMENT NO. BLA-00-8260-YL AS RECORDED ON SEPTEMBER 21, 2000 UNDER AUDITOR'S FILE NO. 3314745, RECORDS OF THUSTON COUNTY, WASHINGTON 3385155 Page 9 of 5 f'TTY i1F YFI M 1C7~%1`;'~N01 d~~4~H PuA ~ A6 Thurston Coa WA 3385154 Fagg 9 of 5 f 1T1' t1F `fFl M ~ 1L~,`1~,'~Ne+l b8~4~A M1.,C SE A6 Thurston Co, WA 3385153 Page 3 of 5 lr~;'1~~~6d1 08~4~H rrrY n~ YFIM AGk $t6 b6 ?hurston Co, WA ~~ THE ~~ 4 ,.~. ,~~«on., FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 TO: Terra FAX #: 786-5223 FROM: Cathie Carlson Community Development Director SUBJECT: COMMENTS: Terra, DATE: OCTOBER 9, 2001 PAGES: ~ ~" including this cover sheet. These are the revisions I made after talking with you. Would you take a look and make sure I did it correctly. Just so I understand -Once everything is correct I would need to re-record the original document with the new cover sheet and the new legal as Attachment A. Thanks for your help Cathie 458-8408 * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 As SOON AS POSSIBLE. C:\WINDOWS\Desktop\fax cover.doc OCT-09-2001 TUE 07;48 AM THURSTON CO T1TLE FAX N0. 36078693]5 P. 02/03 ,/ AeTtJRN AllDRPS$: TtMe ERLANb dSCRO W 62~ SIMYSON AYE.YUJr HOQtJtaM, wA 98sso plraat prior or type inlortnatioa f '~ ~/ ~r~ s~ J ~,v ~ .~ ~~ f~ ~~ j ~~ V` l L10CnmeAt Titte(f) (et 4ansoctiotu Contained Iherrin); ~ 3 1. WARRANTY FULFII.LMENT DfiFD 2. 3. 4. Reference Number(:) of Aocumenu as~irard or releosed: 3Z84l12 (onpaZe afdocumenga)) Grantor(s) (Last acme first, then Arst name and iaitinls) Aecordilnyg f•f~tltr,~, !. DOTSON,KAmRYNA. Chtrterl'hleCarpo+ar.~, S. OAddiconil•atoeeoapage e(document. Crr<oke{f) (Last name Lrst, then Grst oarne and iaitlals) 1. YELM PROPbRTY DICVFLOPMENT LLC 2. 3. n. S. Q Addiriotul name: on qge ofdocumrnt. • Lteal dcst:ripti00 (abbreviated: i.e, lot, blucl4 plat or acetion, towuab;p, range} PARCEL 2i OM aO VNDARY LYNE ADJUSTMEATT NO. BLA00~g160YL AS RECORDED OAT SRPTEtvIBER it, z000 UNDER AUDCIOR'S FILF N0.33147~{ AND 9J1~T45, RECORDS ON THURSTON COTIKiY, WASf~VGTON. O AddrJonallegal on a r ofdocvmeat. Assessor's Property'Fs: PsrceUAccouot Number d~JOSS00<oa;tSc,103300100 D AddirioneI k ail on ge of dotumcot, Yae AuditorrRecorder will rely on the uJornration pre.ided on the Loma TIIe t+aQ w+Il not roan the documrnt ro verily the accuracy or complctrnna of +bc indrting inforrt+arion rovlded bexi+t. OCT-09-2001 TUE 07:48 AM THURSTON CO TITLE FAX N0. 36078693]5 P. 03/03 AfT6R RFCOkOING Matt TOr heal F;tato E~xe~ise~~u~ ~x~ja~~d ~ ~ .~11-y~~ Aecat+t no~~J_-L_t-~D, to _.L:~.JJ'-`tJ N.tn1a TIMOERLANO ESCROW Robtn L Hunl. Thural,o`n,Cu., Trsa;. Addrese 811 SIMp30N AVENUE BY ~~''~ (,.J~.IJ.~ Oeputy Ctry, Suto, ZIp . HOOUTAM, WA igSSO (iULiILLMENn Statutory Warranty good T}t1; GRANTOR 1tA"f}ZR1'N A. DOTSON for and u+ comidcnGou of FulOllmcnt of Rai Fstru Contract in hand paid, conveys and Wanantl to YEI.~T PROP£RYY DEVELOPMi:NT f.LC, W]IO ACQi!>REb IN'[ER>rST IN pROPEATY A5 YELM DEVKLOPMENT LLC the lbllo~ving described real eautq atluated is the Cotutry ofT}ru]tsTON, irate of Washingtoe. LOT A OF PLA•olott, }tLTCORDED OCroe}:]i s5, 1985 VNDER AvDtTOR'3 1?iC.E NO.85102coo/1, RECORAS OF T}IVRS'CON COUNTY, STATE OF WASHINGTON. Aruuor's Propctry Tax Paccel Aeeeum Nttmbet(s): ti110]500100, 6x303500300 1Lu decd U given in ,tt+l[illmeet of that etrmin Knl esdla eonaaet bettveen ebo putiea hereto, doted MARCR 15, s000, and conditioned for the eoaveyaoce of tAe above desea'bed propcry, atad the eovenanu of ,varrany t,crcin wntained shall not ^pply to ony lisle, inletcet of encumbrance uistng by, through or µndcr rho purebsscr in ssld eontracy and shalt cot apply to any laaos, asteaamrnts of other cbargca levied, tusessed erbaceming due aubaeauem to lkr date of acid eonttxt. Real Een+c 3da Tax tvaf paid on thin ale or abmped txtmpt on MAACfi }1, 200, Rec. No. 277/d6 Dated Chia 12th day of March, 200t. ~~//~~• . ~ L ' r ' ~ • . / T}iR A. D TSO STATE OF WASHINGTON ~ a COl]N'tY OF TRVT4~TON i certify that 1 knew or !rave aanstacwry evidence that KATHRYN A. DOTSON 1S the personO Who appextrvl before mc, and said person scknowledged tha+S}~ signed dtis itsslrt+rttcnt and aelrnotvledsed it +o be HER hee and voluntary act for the Wet and purposes nuntioxd in this jn;•trumcet. Dated: ... ..-~ ERIK ] HE1tv1ANN S NOTARY PuBUC ~ a ~ g7arC Or wASNINO+OM r ~ YY fAmmlM~en rrd..l 1u~e e. 7OJa S. ~,. ....~... ..............Y ~~ notary Pnbli in and for Ibc Sntc of Washington RtstSutgat Vy~~',kA MY+PPoinroxnee~pues: p`/i'S~~v saae vv...e«,sooww. p~ tenaAe LP&11 n~'I`~~Iti~~1~,,1~~1~ ~11~1~~~ 111~11 ~ ~~Ilf Cdtt~' ~ICR OCT-09-2001 TUE 07:98 RM THURSTON CO TITLE FRX N0. 3607869315 P. O 1 /03 I~ RO1~I ~ ' 'Y'Dt1ItST0\ COIJI~TX TITLE COy1YA.T~Y I03 l; 8T1`I AVE OI.~'~IPLA~,'~'VA 98x01 (360) 943-7300 Title Fax: (360) 786-9315 Escrow)Fax: (360) 357-862 ~~ COVER LETTER DA'R'E ~~'~~~ TO ~ ~ FSR:ti1 ~ l ~~ o ~ C ~*~ . FAxha. ~~~ ~ 3 1~E: 6~-30~~~~ Q c,~ '4ti'e arc transmitting ~~,pages, including this co~•er page. Tf you don't recei~'e~. e _at {360} 943-7300. alt pages please call~.~A~1 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Gary Carlson From: Cathie Carlson, Community Development Director Date: August 6, 2001 Re: Willow Glenn Final Plat Willow Glenn has been recorded and is ready for building permit issuance. Building permits are subject to the normal fees and: 1. All lots are in a Sewer LID boundary, each lot has a sewer assessment against it and the fee payable to the City at time of building permit is $2480.00. 2. Each lot is subject to a TFC of $757.50. 3. School Mitigation of $1425.00. 4. No building permits can be issued for lots 21 and 22 until the manufactured home is removed and the on-site sewerage system has been abandon ed to Thurston County Health Dept. standards. 5. All latecomer fees and open spaces fees have been paid in full. Let me know if you have any questions. T:\Community Development\Project Files\SUB Full Plat Subdivision\8285 Willow Glen\Building permit fees.doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Planning Technician Date: August 2, 2001 Re: Willow Glen Final Plat SUB-01-8285-YL Attached please find recorded documents for Willow Glen Final Plat. If you have any questions, please give me a call. Tami Merriman Document? -~gyr_vey;~, I I q ~i c ~ N 1 ~ %Q~ - .Or~ of o g W " " ~~ < i < v o ~ Y~ ~' ~ o W ~ lo~ s7~1j ~ I Fi o ~ ~ ~ `~ :'~e~ ~ a ~ $ ~ ~ `,~lfljptl~-- ~ 1, ~ ~ V 8 ` o 0 0 0 ~J o ~r u ~ $~ ff z a~•_ ~ ~60 ~ ff ~ "~\ ~~ cN N ~ ~ a~ d M N ~ ~V ~ M 1I~I z N ('~ li N ~s IA _N ~ N_ K 2 N ~ O ¢ FQ Y ~ S" ~ Y ~ Y' ~ <o ~' '~<'r'6 z a' ~ ° ~ a LL ~y ~ ~ N <°W <ao ~? u U < s=n ¢ ~": _. p O < 'b' ~ i ~ ``<=~Uiam ~~.zt~~'u9c O ¢O ¢O O N <- ¢O -~ > T C Vy~1 U a m G ~ a C~ i 00 F' O C r ZL US 2F N ZZ ¢ W <m~€~ b. 2 < ° < < < Y- L OW O ° y°y~~ 2J2 Z V 4~ mF~F~<?OW ~~N F U J ~ C C F (n ; U , Y ~ ~ o ~ o o s o ~ ~ ° ~i-= ¢ u ~ rc°z<ay~z<o~~o~'^~rc '1 ~ z< ~ ze i ~W sd d-: ~In <~ O ly~~Z°I. ~~~s=1 lei cW ~' 1WJ ~ S ° ~ r ~a<o 6_2 WNZ WIFJN >E 3ip G ~ ~ 2 O ~ Z • $ ] C ¢m ~ Ktt~ W ~~ $ $' N W m~0'>~~t`as' €Nm DFN ~y.// 2 % W~ % HI >O O w ~ ~U iJi ~ K ~F r~ rW2 a W < ~ ~ a W Z< ~a O OJ G ° s Y ~ S ~ ~~ N~S K~,<,~_ Z y Q _S W~~~ Z u< U y _amu~a~WS'~F~'OU~~,Y~ N h0~ 1 W ~ 1 w -~ ° ° °~ IW °< J W< mW °J ~jjvwi ~ ~ / ~i ~~~ Y~ ~~ I~ ~~ ~~ {EF ~L ~(, O rc2¢~~ GYS ~ w< K 1!/ 7 .. i~1 ~F ~~li ~y ~(d ~ {~ Z _' e i _ ~ ° 1'YiW~<FNW <i$~ \~~~~. ~~/I W (n NNNx~~~~~~111~IIII ~A 4 .. r ~ FJ mo O O IN bd SSP ~ €~ ~* N< Ilff~~ n~: ~ Zm rcYSouZNS I IW Z`~I o o I a ~d' 1~ to I rtl ~ =~V z 'zd'°~~ON~` $ ~ Z ~~ ~N a= 10'7 ~€ ~ ~ I~ ,o (F Iz I~ ~ ~ '$~~~$~ i Z F m tiF ~~44~g ~i"~ ~o i s~~ ii'i Is iN iZM Q ~_~ ~ ~ 8~o I m i O °z ~° I~~ N ~ ~ ° II'n ~Q OWZYW 1 Z < I 13S IZ WW ~ 13- W W O ~~ N<~ I ~ < N~ ~ r ,;~ ~I ~ 2~W ~ !! ~ I Qt ~~~ ff~ ~~~¢~¢~W~W~ $ ~ w < ~z x ~ ~~~ "O ~ Igo ~il$<$ °~ i~~ ~~~~ °~ I~b wz ° oaz m <] I~ I<~ Z I<~ ~ <~ I~Oi=Z ru~i ~~z '°~s^ ~3 p ..Z'J ~ ~!~ m~W I Ins ;~O Ins ~o~ ~ I"~ I=°< "~ mN ~ zu<$ ° iii. m F Ym" NiT~'6 I i zz IW 7i $'< IW I,°7, wua 3 ZQ o3 ~~~i~ i u-NU { I~~ ~~ Wa I ~~ I o$ WY m~ ¢3~`~~~ ~ <Z°p°~ jir <i i ~i I `Y<ir~'6 I~ <~~$ I i.R,l ON~ OU O<Y 2~ ~ ~UCJ ~ I= ~N I~ IZ I ~iFQ $ (~~J2 ~TF°tJ $ ~OLL °<~ ~xm~)~~ vWi iW~~ > i ~o< Y I~ i Wo~< < I Z','~'' < J~' a0 m~ ~z<m~ Jz o '8'xY° o I o I- 1 o I- it ~~t'°+~ "~' L"eWN<~~ r1 V W`<u~ rl ~a< ~po i i~< .5.#i< X91 ~< ~#~~ < wv =b `<F~S~~<W ~ S°~~ ~ I'gg ~~ I Iqa 6~~~ ~~a g~~~ ^4 I'~ 3=0 N ~~.°-~$J€ x ~ _ I .7, u•- N I~R u i ~~IT a<zo I~~°T P-m ~~g5 K'~$<~oz m ~ ~#i~ ~ iirc ~< € iza ,A~WZ< J i///i rc 'S,I~i~~ ~ I rc ~~ `~J~~y;aa ~ a NyN° ~ of 9! Ny~~ ``~' ~W Y~ Wp is y`mgu~i~ i W iz°WUi µ~ <~ a ~ xo`~~€ u iv<iW~ ~a Wa Z >n ~W~~ii~~ x ~ t5 y rv ~ ~~~J~ a ^ ~im ~ rw. ~~~m $ -w. ~°z1 ~o b~ 2~.-uo YS aZ a ~m N=°a<~~ $ ~ vl ~ ~ i i43~;< < ~ x~~~ ~ ~ I ?s~'Y~ ~ ~ i xs~~ :~ o'~ ~.<.o~a~3i ~ K < C7 i ,`~'_`I^W o i W ~z o z •.n_ iz o z I ~m OZm ~ $'~ O ~'€~~'~$°~ ~ p N W 'x" ~ =<°z<Q~i i ~ Tn°~J~ 'x^ ~ <<=~~~~ ~ ; I ~~< ~> W ~ 3~ 4 N Z ~ 3 ~ y3NFw = ; ~N~~N ; $ TONFN 1 $ N IO= r= o <N < <$<W~$~= z a z p$ Y rc $ m~ 2 b F ;~ N $ LWrci d Q as U o~"moWbo ~ ~ ° Z ~ i ~ ~W~ w i z ~$W c~ ~W w > F< €=u C7 <J O zsi J Y ~ Y1~~$mu z ~ !"~°S~"€ < ~ ~.a~°.- N z Wady ~~ a< W xamd3,~$3~ ? W U ~, u _~<as ! u _s.oS N u _°< $;< ~ ~ `_'°1 NO? ~ Q ~ O > Q O .~ O °~.Im F ~ z fn ¢ 1~ ~~~ 2i C ° > NOC ~ ~~ `~~m~ ~~u &&<iwii O pi $,.k~cWS ~~ 3~ 3i~°a~ zu m m m~z<6i °~+t~ °~.i F~~N ~W ~m ~~<-- isz<I" <i~z"<~~. '/~ BioNli' O z1~WWZ~u WE3 NHi' ~w coy ~ ~uk'WWC ~¢~¢~~~1yNJ~~~$N$a ~9y4~WSUZ$ ~ C <~~$W 1~J°~~iii¢~~ Fm°~aim~Y~mu45~°j/~lo`- 2<_2°k'L'IW Cs °Q _ ~~ moD°JOaW 4N~ 2~VNm-uWZ 7 °<aa °U~~twNi~"OW~J<'uN<<F<Z<< ~~- « ~ <aw ~O ~ ~ C... c°S~Z2,N.,WN`~~N''W $ $«<WW~WW s O ~iF~~'Wak" oNZ W cz<•-~'s< ,~s~~,.Nm Z2 /~ <K ~2'f ~ SfW~ C N ZFr mC a' ° W N<< YN2NW ~KWW -JY «~2ZW Q Z$$m$O m~ V ~ N~ < wi RJ~ N C Z<<W NQ O~ -W~ mi =~W i ~ F '~W~a€ `a <Nlzi .n~$<><~`WQ~ oZ- a S" ZxFN ~~0 8 m<~~~ tS o $~~"' 'd' ~ x 3,7~~ :~Z Y~ <<+ ~ ;°°<F €°O=$Wa<W ° bl~ ~z~+ 2d'ka ,S' ~~o~$<~i~3,3 3°~<Y_z~'b 7"nzzt i~>c°SN~5~ W O;m ~~.+s Q-_ 5~ .o i1WJ $~NWO€ os~J ~ ~3i'CjumS'"®9Sg ~I~h'~~i N~x~~c aN .$$m,~„b T2~viW~WC 1UJS <I`n~zt~IX 2m rLL Z <W b~ ~$¢WW ~2>E°p W F 6 S ~Y ~j ur mU ¢ N ~ N $m mouk~m5~5~t~~< I I` JWm'N9r< Foolu~~ ~ YK_'~4aW1u sg zw 'J'%~ k'< I!3 °1 N 'ryys'N$fEfJJ i .°.. xz < ~' ~ (p t{~~ V) <UWm~&N~~W ~76 ~ m3W-$ W m ~N ~~OOO <2 .ri~uKW~O ~6 ~~z<~O'b~<`~~VI~N OON <VIW >~ ~ Jf~ 2 yla~<~oom .ol~i~W~Wrci~i~~o~~W~~°~zW fAN ~~~~~<o~m~n~_~o$~N~T.-~~F~F~~~N;W° $Idl'~€ 1J~sJS~'~ ~~ ~ WI~ ¢ N~ Q)S ~ L" W ~~~r~~ ~ O°~~WWVi-2W C ££ m ~ ~€<EN~~~3~m~3~ mo~'N "z) k~$:z~ -aNW WONx ~ozZF z$Wi"'a ~~14'b'~y"<o25z Fo <$i01°.1 z J ~ ~ E~ y w 5 ~~Fwb~u ~~'4'z`a'~~~~~E~oVk' zoo F r$~8 s ~z~dia°~ "Om91W~a~j~w°¢a jN ~< ~ y~ ~ ~'~ ~ ~~r ~ ~ ~ ~iwW a~W i""< «WFOW c~.~$2 NH N~y,~x 2 ~ O m~ m~ibN o,=„ zu <3~ ays z 3JB~so~ a sZ ~Y'd~$y<, ~ m~ a=W~~'~""€qW 6< IoW ~<a ~JW ~~- O 2F<J~lm FSWK m ~~~~ aK 2£ a a' xW<auo`yj ~"~aWW~nj~y{ ~Wk'$mu<~WU"<~gY ~ '~<'W FN'N'~~ ~N~$~W<`~~IS'~~W°+S'uu~~~<$„uz<~~k' N uN ~u'i~ °~ H v a ~ ~iz1p<uspa'`~zy~~io`"~"~ $ o°ffooiBW~) W ~~n$W<W aT '81 z<oi 'T1oz&<amWO.5~ "<=13ii u~~~c$ ~~ ~ wiu'z <'6~g§i3 $~d~~~ 3i$myS=W~IZaW~ d ~ Doff .z€ m~~aok'Y~zk'<-I o>cgg~o$i ~~c'S~oY~z$ O mo Wa ~ W z~~~~W Nb'aN viNuNU< K'mK'W~z~~ y ~•°i~F~i$u'b rif"c <o3~~u'S z.- N~Wx Z ~"` cT ~~ ~ 'J' i~~~Sin'v'zWQl'"~"~~$~g~"'rcim=$iz y ~Z°~"NffyN°IUyrcy~$~$W~°rcJm'Tn'~''YSmi~fJiiine~'6>m~Y~1~„ kn H <~91W~~ rc ~~ W Wr~W~4 KKUm NOyy1S1JJN?11<JJOaK YyI~W y¢~1WJ F= W LLa<~17i>1~fWW OC>yFOyO ZNOi W~z W<W~ <~ZK2aV1.-,,~~'~UW{}^~' U ~Z ISJNW ~yg1 W <~~~~~I.~J2~6 N~27~~~~jrO j~<wZ S€CV ~ tlJ<666N J~aR ~IWiV W0~4Y<VICr£OS~~SF i~U V~`~j ~ ¢WwVIW° <aV~ p~ U r~$Wr$ ~m 1/7 1. JG i / I ~ V I ~ ~ ~T ~ V ~ ~ LL ~V O -; - 6 ~ m~ - c ' h~ %I D 1 .. 2 < --~T~TU -- ~ 1 '. I- I I~ IN •. Ih m ut I~ ¢z¢ ~ I U: I ~~ `_ V ~.(~ `- ) ~J O a W m Z W J N O Q s ~ ~ ~ _ Z D l ~ J YI -' < ~ '~ 4 O U-L8t9-L6-SHS 'ON NOISIA109f15 12)OHS Wl3A j0 A110 ~SONI?Jtl39 d0 SIStlB ~~ Z N yOy^ N~ O N~ D ; <D z z m ~ < m_ y~~ u ~ NN m N 0 s z °9 8 ~4 U m D2 ~ ~~~ ~ N O ~yzj < ~<~ F~ 3 D °~ ~~ ~~¢ O -D~ii n ~<~ _ C WW U~` ~D~ JUG ~ `~ ~ ~ Wg W~ u \- m ri al _DO /~, D xr N o N rc p D~ W ~m DO ~~R~ ~mi ji/1 ~rn W U ~W= Wl3A ~;,-~~-~~~ r IWossz os'ot 1•, ., Mgr _ osor os'szml~a ti~< Fwff YS< ~Ww / I j~u~~v!o~b in 00'Z9 o!`J 105 ~^ aNm o W IF ~b z~ti~ $~' zW a /fi/ / _ ~3 ~10,9f.00 N 10'Zt\ - 9 8-F_ N -, 0' - 66'LS 00'ZS . • rZ'9S , ~" 3 10.91..00 N r9'OBl ~0~06z 10~r6 I I 66'601 ~ W -- ~ 1- l'lZ of / 3 .10,9x.00 N m / I A1Nf10~ Im rv xm. la m \ zl'ml a<. M slzu ~ - L.o~ r / m <~ ~1 ~ (GPEN SPACE ~ 1~ W m\ tr 'ter /a1'\ Q~ 'N01521f1H1 m O1O Im I ~ 1A DRAINAGE) 1^ N . /~h~ / W I I~ I C STOR \W 89 6 N ~ NO ~ ~r< / ~ / / I izo f9'96 I 1 6t'tL F- 5 \x'050 90N2 m \ 'y'L~ •o s/ ~ // Nto I z1da 3 „rI,SZ.00 N 1 ' \3.9t,rZ.ZON 165^i ^ v \\ ~~ \+ .b 9° n ''y/ ~.~ / Ka I jai O ~, W, ~\I ~0 i+om~o 55~ \o. ~~ ro8~ 2 NO /CP .65//~ , m I ~ D'a a ~ ~ 1\N N \ m\ iO ~ E ,N s ~~ 9hti0 \cr 4~d' ~y~ ~\ ~ ~0" y / / \ " , ~ JO I 3 .r I.SZ.00 N \ ~ \ \ `' 1 9 n ~ ,~'i m ~ tr '~ 3.~ r. C3 / _ \ . _ U t6'ltl \ ~ ~c\ ~0y° ~0"ry8 m~sr W / \~ d~ 1O 3.tl,SZ.00 N \~ ~ '~\ .6 ~' 7 \M ~ / WZW I a8 ~O .~ ,9\c+ J ~O.hryS -s{oS N u / mJ ~ Q I g1- ~, rr\ M6~ 90° D <s •oi / / .: t /O "`'v Lr'66 / L ~ 8 ~~ ~ u 3 „sI.SZ.00 N S'!~3}.1~g o00 \ pS\ Pge9 0o'ry7~ gJO9- ~0~ // ~U O>'\IN 31=Z g~ ;, aoN ~ O ~'~~bti a ~ ti~ \r~ H'~C '• ~e~'°P/'~Q y~ ~ ' \` ~ G Uy ,yybti •r ti7. "`\ ~~ cF``~/6~' 8ti0 / ~,'t '~ Oai~ ~I ox rz'LL z 6'l •60' $ 3 ~// ~Br~lyti / tii~^ ~/ _\ - -,~~.. ~ z r r 1. ,, 2 M7 ,~ \/ . \ ~ \ ~ LL .o I ~ ~ \\ fZ'6B Br O .,\9 ~ ~ ~ r/.i /'o/ C3 '4'' / - yY of ... o~W uo `~' `' N .~ ~~y. rx / ~' / . 3 W zl I ~ al~$ ab hry .r ro // =. ~ ~W F-m I } ri ~ vzv mvio .~ ~g 2 9 vu Q~•/ yr _ zz OZ I Z z ~ ~°n Kr<2 "O ~', _ _ m1 ~i I / ~l i l < W p OU vi ~ ~ o ~ wu ~ ~ - <H boy 69~ -~ /~~' \ .1. - . _ ! .~-i. ~ 9i ~ S R 9i < ` bl 6S lt' u ~ Zm I = ~6~ ~ / ,, ti•`~y / y~~ / // J .., ~~ .._ .-- ~ ot+: Si~Bi m+ u~mw ~w ~ ~ Q ~ ~~ l P` I v~11 O ~i\ /~tl, mop`'/ I/\ \ i; ; ~ V'r" M ~' v _ .o ,~ti° ~~' \ \ C ~ _ _ 9r ose~ 3 .zt.cr.oo N ~ 1 / W ~ • ~7• ~-~• ~ mN I ~ to y t :~a / ~ \~ ~~b\ N a.' ~-' 'g lm ~ x ~ W Iq ~ O I "' n u~ ~ Oi ~ m ~° I ~ `~ ~ Z1 ~~z aarc I ~rc< vl I J'I `~' S9'459Z M ,6Z,6t.00 S ~~ ~ °~ I ~',g~~ ~ ~ ~ l~d ld ;~- ~ 0 ~t, D __ ,.i. ~ D \ _ < < m N ~ •- • -\ '. .r Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 -~- r._ ,~ s N `'-~' ~a o N' `"c-' ~~ ~ a 't_ J ry_ ~ N ~?J L cow a ~~ ~m m ~~~ ~~ ~~ ~~~- ~~ ~~ ~~ ~~ ~~ ~. Document title(s) (or transactions contained therein): 1. LID, ULID, Latecomer Agreement 2. Waiver of Protest 3. Special Power of Attorney Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Timberland Bank 3. Frontier Bank 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 SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303500504 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.IIII a sa~. i~~lll'~iIIIIIIIN~IIiuIIIIIIIIiIIIIIIIUIUIIIII~llyll 9m„ AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) THIS INSTRUMENT is entered into this ~~ day of urn z , 2001, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and ~C hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: L T 3 F~ HU ST N G~OUI~TY O T S BDI ISI N~ . S 978 7 A R O ED SE TE B 1 19 7 U DE~AU ITO S ILE O. 3 09 48. LS L A F LA- 30 R CO DE O TO R 5, 1 85 D R A DIT R'S IL NO 510 50 1, C~RD OFD TH RS ON OU,(VT , WA HI GT z ~~ r- ,=y s N `o 'r' ~ N ~-' 0~0~ -._ ,-._ M M CU L M 'S' -•_ ~ M ~ m i= ~~ ~~~D m ~~~ ~~ ~~ ~~ ~~ ~~ ~. ~~ ~~ ~~ ~~ ~~ and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: Sanitary sewer system improvements; Water system improvements; X Storm water system improvements; X Street improvements; X Street lighting improvements; X Sidewalk improvements; Other ___ CITY OF YELM ds\c:\officelplandept.cclagreemnt.lid Page 1 IIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,a.h IIIIIIIIIIIIIIIIIIIbINlllllllllllllllllllllllllllllu 9.:., which improvements are more specifically described as follows: Half street improvements along the property frontage on Middle Road. Improvements will comply with Neighborhood Collector Street Standard. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described herein above, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described herein above, to execute a Petition on behalf of the OWNER for the creation so such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. 2 Cil )' Q '`- ,~3 5. If the OWNER fails to perform in good faith in accordance with this N~,, m.~ Instrument, it is agreed that the CITY may discontinue utility service to the property ~ ~ ~ described herein, after giving 20 days notice thereof and an opportunity for. hearing thereon, ^, l'1J L M ~ ~_ ~ or may pursue other equitable or legal remedies. m~ .a ~- ~~ 6. The OWNER hereby declares that YPrln1 `I'rc~pPr~~ ~y~l,:(.~;'>1~r1 r~ ~ ~- C. m ~~;~, a~ the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. ,~ ~~ 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. ~~ CITY OF YELM ds`,c:loffice\plandept.cclagreemnt.lid 3368420 d7~~2~~cN61 iN9 4`A Mt~.r ~ AA Thurston C.o, WA Page 2 ~~~RI~~~~~~~~~~~~~~~~~~~~~~~~~~~~u~11~~~~~~lUp~ll~ rHSaa,;s~ IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) OWNER(s) ,.~,c ~N T~ C-.- ~ I'~-N. r~ 2 Cb' Q' 2 r._ T 3 W N r c°~ ~~-~- m W 1, y ~a~~ M ~, ~- M~ m~ ~~ ~~m m ~~ ~~~ ~~ ~~ z ~~~ ~~ ~~ ~~ ~~ ~~ ~~ .~~ ~~ ~~~ ~~ ~~ CITY OF YELM City Administrator By: STATE OF WASHINGTON ) ss. COUNTY OF (~,iZlayS t-1p+¢.~;3prL On this ~~~ay of ~y NL , 20 0~_, personally appeared before me YV11 C-N A ~ >_. SL . SP,-,ap ~v P , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that Nt.. signed the same as rl~s free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. ``~~~~~~~ 1 C H E ~ ~ ~i -,,,_ ~' pue ~~c N N~ F o~' '''~~9/i ~E' WABH~~ CITY OF YELM dslc:loffice~,plandept.cclagreemnt.lid o~a~~ ~ c. n ~2.3-z~ u-L Public in and for the State hington, residing at commission expires: ? Page 3 IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNE~R~(s) / ;1 OW~NER(s) . ~e~rn ,~°/'~~. ~ 1~ ,lJ~'~~'/~J non ~ .c.J ~-~ ~/~lc.~~~-~,c~ , /~'j~tyt~~~-~ l"~~C~r i I ~ ;L ~ ~; i~ 3 M1 07 4, N ~' m `~' ~~ `~"~ ~ .. r._ in .L CU ~ M ~ ~~ ~ M ati.. m tL- ~~ ~~,m ~~~ ~~~ .~. .~. ~~~ ~~ ~~ ~~ ~. ~~ .~. ~~ ~~ ~~~ CITY OF YELM By: City Administrator STATE OF WASHINGTON ) COUNTY OF ss. On this ~y r' day of ~~ ~~~ ~ , 20 ~ ~ ,personally appeared before me _ ,/~~~~;~ ,~5 !~/as~,~a , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that ~ z signed the same as ~'o ~ s free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. ERIK J. HEIMANN ~ NOTARY PUE3LIC ~ ~ STATE OF WASHINGTON f ~ My Commission Expires June 5, 200.3 ~ CITY OF YELM ds1c:\officelplandept. cclagreemnt.lid Notary Pu lic in and for the State of Washington, residing at /~ f~ , ~Ta f Lc/ F1 My commission expires: , s ~ y Page 3 IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) CITY OF YELM By: City Administrator ~~ r._ ~ 3 N ~ m ~~ m - r_ ~ Ul QJ L M ~. -._ c+~~ ~ ~:= ~~ ~m m ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ STATE OF WASHINGTON ) COUNTY OF ss. OWNER(s) r~ y ~ ~- ~~ ~, On this day of , 20 ,personally appeared before me _ to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. Notary Public in and for the State of Washington, residing at CITY OF YELM dslc:loffi c elpl andept. cclagreem nt.li d Illllllllllllllllllllnlllllllllllllllllllllllllllllll e':~md~°,~,: My commission expires: Page 3 iiiiumiuiiuiiuiiiuiiiiiiuii~uiu~~~~u~~~~~~ ;ryfia.~~~s:,~ G STATE OF WASHINGTON, ss. County of On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing in ent, and acknowledged that signed the same as frre and voluntary act and ed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this / day of . 19 Notary Public in and far the State of Washingron, residing ar My appointment expires ACKNOWLEDGMENT -Individual STATE OF WASHINGTON, ss. County of SNOHOMISH ._ ~J•a ~- 3 t`- ,iy m N ~'~ r~ ~'`- ~ i V ~ . r-- ul M C'~J L M s -•_ M a ~ ~~- ~~^ ~~~ _m ~~~ 2 ~~ ~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ .ACKNOWLEDGMENT -Corporate On this 18T~iay of JUNE 192001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared BEN M. KEMP --------------------- -- and to me known to be the VICE President and °--- 9eCrt=•tary; respectively, of FRONTIER BANK the corporation that executed the foregoing instrument, 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 I S authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and officio] seal hereto affixed the day and year first above written. f~~~i~i,~q~ !'.'y~ ~~ EXP 1' v' ~y ~ • 1 ~F~ 2 ~ _ u A~ ~' ~~ ~J~~,t~Y ~7 o r- Z f ~' ~ ~- , C ~~ f Notary ~rtbfic in and~ for the State of Was gran. l~ residing at MARYSVILLE My appointment expires 10-1-2001 ~;e~ ~ .~ _~~`~ "~ 1~ v~~ ~Tq t W `~ ~ ~OF 'r. This juror is page of and is attached to dated ~~~iu~~~u~~uui~~~~ii~~~~~~~~~~~~~i~~~~~~~~~~~~~~~ ~68~~°~°... IIIIIIIIIII-IIIIIII~illll~llllll~~~~~~~~~~~~~~~~~~~~~~~ ;;68,.19a ATTACHMENT A AMENDED LEGAL DESCRIPTION AUDITOR'S FILE #3368419, 3368420 & 3368422 PARCEL B OF BOUNDARLY LINE ADJUSTMENT NO. BLA-00-8260-YL AS RECORDED ON SEPTEMBER 21, 2000 UNDER AUDITOR'S FILE NO. 3314745, RECORDS OF THUSTON COUNTY, WASHINGTON C:\MyFilesIPROJECTS\denny'sATTACHMENT A.doc CTTY OF YELM )SILL OF SALE THIS BILL OF SALE is made and executed this ~o ~ day of ~ wn-~_ 20~, by and between Yeim Property Development, L.L.C. , hereinaRer called the "Grrantor" and the CI1"Y OF YELM, a Municipal Corporation, hereinafter called the "Grantee". WTTNESSETH: 'fhat the Grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the fallowing described personal property situated in Thurston County, State of Washington, TO WIT: All Storm Sewer lines and appurtenances, Sanitary Sewer lines, STEP sewer system, Water lines and related appurtenances lying within dedicated public rights of ways far the Plat of Willow Glenn and for Middle Road City of Yelm's Plat No. The Grantor(s) hereby warrants that he is the sole owner(s) of all the property above conveyed, they have the full power to convey the same, and that he will defend the title of said brantee against any and all persons lawfullq making claim thereto. `~, ~' Dated at Yehn, Washington, this ~ day of J t-~-'n-~ , 20 0 ~ grantor (grantor) STATI/ OF WASIrIINGTON ) ) ss CO[JNTY OF TfIURSTON ) Q ~,h n ~rS ,lea (asC~' ~ ts/are the I certify that I know or have satisfactory evidence that ( ) person(s) who appeared before me, and said persons(s) acknowledged that ~,,,,,_~'1 r S _ (he/she/they) signed this instrument, and acknowledged it to be ~'l tS his !her /their free and voluntary act for the uses and purposes there/in,,mentioned Given under my hand and official seal the ~' day of ~~~-~ . 20 ~ 1 - - t i _ ., i BRIDGETTE K. LIVENGOOD ; NOTARY LIC, i a d for the State o ashington. i NOTARY PUBLIC ~ residing in ~ (~ ~ `-~-~ i STATE OF WASHINGTON ~ My commission expir s r 1 " ~ 0 ~~ ~ My Commission Expires May 7, 2005 ~ ~~~~~~~~ System accepted by the City of yelm this _day of , 20_ Ciry of Yelm By: Director of public Works Page i of t Real Estate Ex~ci~s-ey~t~ax`paid , Receipt no. L~~.t~.=_ Date bi ~, u C .,Teas. By Deputy Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -STEP Sewer System 2. Bill of Sale -Water System 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 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 SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 6~303~00~04 Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 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 SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303~00~04 ............. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Yehn Property Development, LLC (hereinafter referred to as the ``Owner"), has applied to the city of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Willow Glenn, 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, allies and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHEREAS in accordance with the items. of RCW 58.17 and Title 16 of the Yehn Municipal 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 induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breech of the foregoing Warranty, and without limiting the City's remedies for breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids. said streets. utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs. to`ether with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,IIIIIIIIIIIIIIII s.:"em`ero;. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. 6h.y ~ Dennis M. Balascio, Manager Yelm Property Development, LLC STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) THIS IS TO CERTIFY that on this ~~ day of ;t,> ~-~-~~~'~ , 2001, before me, the undersigned, Notary Public in and for the State ofWashin~ton, duly commissioned, sworn and qualified, personally came Dennis M. Balascio, known to be the individual described in and who executed the within and foregoing Warranty Agreement, and acknowledged to me that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at: /~ - i - ~ / ~, CHERYLE HOSKINS BIGELOW ~ NOTARY PUBLIC ~ ~ STATE Ut- WASHINGTON My Commission Expires May 17, 2003 i 3368418 a7r~?,'~aal ay~41H ~cc eau ad Thurctun L0, WH Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 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 SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303500504 i~u~~~m~~~m~uu~ ¢°~a sF~ Special Certificate or Guarantee SCHEDULE A File No.: CTC-987549 Liability: $ 1,000.00 Date of Guarantee: May 9, 2001 Fee: $ 225.00 Certificate: Plat Certificate -- Assured: Jim McKenzie The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: Fee Simple Title to said estate or interest at the date hereof is vested in: Yelm Property Development, L.L.C. The land referred to in this Guarantee is described as follows: THE EXACT LEGAL DESCRIPTION IS ATTACHED HERETO AS EXHIBIT "A" AND BY REFERENCE THERETO MADE A PART OF THIS DOCUMENT. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. By: Authorized Signatory i~~~u~m~u~~u~~~u~ wsa~;~sw~o Special Certificate or Guarantee SCHEDULE B No. CTC-987549 GENERAL EXCEPTIONS FROM COVERAGE A. Rights or claims of parties in possession not shown by the public records. B. Easements, claims of easements or encumbrances which are not shown by the public records. C. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. D. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. F. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not these matters (i), (ii) & (iii) are shown in the public records; Indian tribal codes or regulations,- Indian treaty or aboriginal rights, including easements or equitable servitudes. G. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity, other utilities or garbage collection and disposal. H. GENERAL TAXES, SPECIAL ASSESSMENTS AND SPECIAL LEVIES. SPECIAL EXCEPTIONS FOLLOW 1. DEED OF TRUST AND GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO: spc•b 9/97 THE TERMS AND CONDITIONS THEREOF: Yelm Property Development, LLC, a Company Charter Title Corporation Frontier Bank $387,000.00 October 23, 2000 October 24, 2000 3319907 Washington Liability INIVIIMIIIMVINIIIN~IIY~~IIIIWII~INI ;~R~'~sswF Order No. CTC - 987549 SCHEDULE B - Continued 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Yelm Property Development, LLC, a Washington Limited Liability Company TRUSTEE: Timberland Service Corp., a Washington corporation BENEFICIARY: Timberland Bank AMOUNT: $96,000.00 DATED: March 30, 2001 RECORDED: April 9, 2001 RECORDING NO: 3345314 "" Affects a portion of said property 3. SHORT PLAT, INCLUDING THE TERMS AND CONDITIONS THEREOF: DATED: July 31, 1999 RECORDED: September 16, 1997 RECORDING N0: 3109447 Conditions and Covenants on the face of the map of said Short Subdivision 4. Easements as delineated on the recorded Plat. 5. BOUNDARY LINE ADJUSTMENTS, INCLUDING THE TERMS AND.CONDITIONS THEREOF: DATED: September 20, 2000 RECORDED: September 21, 2000 RECORDING N0: 3314744 Conditions and Covenants on the face of the map of said Boundary Line Adjustment. 6. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Yelm Property Development, LLC AND: City of Yelm DATED: September 21, 2000 RECORDED: September 21, 2000 RECORDING NO: 3314747 & 5314748 & 3314749 Regarding: Waiver of Protect; Special Power of Attorney & LID/ULID/Latecomer Agreement ,, 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: City of Yelm AND: Property Owners within LID DATED: January 10, 2001 RECORDED: January 18, 2001 RECORDING N0: 3331850 Regarding: L.I.D. i~~~~~~~~~~ mVe~~~E~ EXHIBIT A LEGAL DESCRIPTION FOR: CTC - 987549 Parcel A of Boundary Line.Adjustment No. BLA00-8260YL as recorded on September 21, 2000 under Auditor's File No. 3314745, records of Thurston County, Washington. ex•~ 1/97 ~IIIIInIIIInIIIYIIIIII~IIIIIIIIIIIIIIIIIIIAI e~'n~';°as„~ Order No. CTC - 987549 SCHEDULE B - Continued END OF SCHEDULE B plb For Your Convenience The following is an abbreviated legal description which can be used on Page 1 of your documents in order to comply with the New State Document Format Regulations: BLA00-8260YL TR A ~ii~ii~~WUiu~~u~~W~uu~uu a~n~« Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Stormwater Operation and Maintenance Plan 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 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 SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303500504 N~NIVWII~VNI~II~IWNI~IINIVMINI ;ry:` ~~s~ ._ ...... ... Stormwater Operation and Maintenance Plan for Willow Glen Plat Yelm, Washington July 5, 2001 Skillings-Connolly, Inc. Consulting Engineers Lacey, WA 98503 uu~i~i~iin~Hi~~iu~~uN~ az.,~o.~o Facility Operation The two stormwater treatment and discharge facilities are located within Willow Glen plat. The facilities use gravity flow and infiltration to treat and discharge the generated stormwater. stormwater is collected using roadway catch basins and conveyed to the facilities where it flows across grass swales, treated and then into underground galleries and discharged. Maintenance Requirements The following maintenance requirements are required on an as needed basis. • Mow the grass • Irrigate as necessary to ensure health grass growth The following is required on an annual basis Inspect leveler boards. Replace damaged boards when damaged is discovered. Inspect gallery catch basins. Remove debris when the depth of sediment reaches 1" or greater. The remaining maintenance schedule items are included on the maintenance schedule from the drainage report. INNIVMIII~INIIVIIIM~V~~IflIIIINIII~N~I aMrs~~s'u~f APPENDIX D Maintenance Schedule SKILL/NGS-CONNOLLY, INC. Consulting Engineers Middle Road Plat 3368423 Pale ~ 4 cif 9 0?~~?!001 09~50A AGR $16 A9 Thurston Coy WA MAINTENANCE CHECKLIST Maintananra ChPrklist for Ponds Frequency Drainage System _ I Problem Conditions to Check For Conditions That Should Exist Feature V M,S General „I Trash & debris Dumping of yard waste such as grass Remove trash & debris and V build-up in pond. clippings and branches into basin. dispose as pre-scribed by City Unsightly accumulation of non- Waste Management Section. degradable materials such as glass, plastic, metal, foam and coated paper. M „I Poisonous Any poisonous vegetation in which Remove poisonous vegetation. V vegetation may constitute a hazard to the public. Do not spray chemicals on Examples of poisonous vegetation vegetation without obtaining include: tansy ragwort, poison oak, guidance from the Cooperative stinging nettles, devils club. Extension Service and approval from the City. M,S „I Fire hazard or Presence of chemicals such as natural Find sources of pollution and V pollution gas, oil, and gasoline, obnoxious color, eliminate them. Water is free odor, or sludge noted. from noticeable color, odor, or contamination. M ~ Grass not For grassy ponds, grass cover is Grass cutting unnecessary growing or is sparse and weedy or is overgrown. unless dictated by aesthetics. overgrown. M ~ Rodent holes Any evidence of rodent holes if facility Rodents destroyed and dam or is acting as a dam or berm, or any berm repaired. Contact the evidence of water piping through dam Thurston County Health or berm via rodent holes. Department for guidance. M ~ Insects When insects such as wasps and Insects destroyed or re-moved hornets interfere with maintenance from site. Contact Cooperative activities, or when mosquitoes become Extension Service for guidance. a nuisance. A _ I Tree growth Tree growth does not allow Trees do not hinder maintenance V maintenance access or interferes with activities. maintenance activity (i.e., slope mowing, silt removal, or equipment movements). If trees are not interfering with access, leave trees alone. M Side slopes of _ I Erosion on Check around inlets and outlets for Find causes or erosion and pond V berms or at signs of erosion. Check berms for eliminate them. Then slopes entrance/exit signs of sliding or settling. Action is should be stabilized by using needed where eroded damage over 2 appropriate erosion control inches deep and where there is measure(s): e.g., rock potential for continued erosion. reinforcement, planting of grass, compaction. M Storage area _ I Sediment Accumulated sediment that exceeds Sediment cleaned out to V buildup in pond 10% of the designed pond depth. designed pond shape and depth; Buried or partially buried outlet pond re-seeded if necessary to structure probably indicates significant control erosion. sediment deposits. A Emergency „ I Water obstructer Debris block outlet. Remove debris. overflow V If you are unsure whether a problem exists, please contact the ~urisoiction and ask ror tecnrncai assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm i~u~i~~~~u~m~.~~i .~~Po~sw~~ MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage System „ I Problem Conditions to Check For Conditions That Should Exist Feature V M,S General ., I Trash & debris See Maintenance Checklist for Ponds. See Maintenance Checklist for V buildup in pond Ponds. M ., I Poisonous See Maintenance Checklist for Ponds. See Maintenance Checklist for ~1 vegetation Ponds. M,S _ I Fire hazard or See Maintenance Checklist for Ponds. See Maintenance Checklist for V pollution Ponds. M „ I Vegetation not See Maintenance Checklist for Ponds. See Maintenance Checklist for V growing or is Ponds. overgrown M _ I Rodent holes See Maintenance Checklist for Ponds. See Maintenance Checklist for V Ponds. M _ I Insects See Maintenance Checklist for Ponds. See Maintenance Checklist for V Ponds. A Storage area „ I Sediment A soil texture test indicates facility is Sediment is removed and/or v buildup in not working at its designed capabilities facility is cleaned so that system or was incorrectly designed. infiltration system works according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A „ I Storage area A soil texture test indicates facility is Additional volume is added V drains slowly not working at its designed capabilities through excavation to provide (more than 48 or was incorrectly designed. needed storage. Soil is hours) or aerated and rototilled to overflows improve drainage. Contact the City for information on its requirements regarding excavation. M ~ Sediment Any sediment and debris filling area to Clean out sump to design trapping area 10% of depth from sump bottom to depth. bottom of outlet pipe or obstructing flow into the connector pipe. One Time „I Sediment Storm water enters infiltration area Add a trapping area by V trapping area not directly without treatment. constructing a sump for settling present of solids. Segregate settling area from rest of facility. Contact City for guidance. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm II~N~BIVIMINIMVI~U~I~II~IIIVII~ o~,,, MAINTENANCE CHECKLIST (CONTINUED) nnainrAnanrp rharkiict fnr Fencing/Shrubbery Screen/Other Landscaoina Frequenc Drainage Problem Conditions to Check For Conditions That Should y System Exist Feature M ~ Unruly Shrubbery is growing out of control or is Shrubbery is trimmed and vegetation infested with weeds. weeded to provide appealing aesthetics. Do not use chemicals to control weeds. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: INIIIIIIIIIIIIIIIIIIIInIIIIIYIIIIYINIIIII ;wfia~a',:~~ MAINTENANCE CHECKLIST (CONTINUED) nnaintPnan~P Ca,anklict fnr Cnnvevance Systems (Pines. Ditches. and Swalesl Frequenc Drainage Problem Conditions to Check For Conditions That Should Exist y System „I Feature v M,S Open ditches „ I Trash & debris Dumping of yard wastes such as grass Remove trash and debris. V clippings and branches into basin. Unsightly accumulation of non-degradable materials such as glass, plastic, metal, foam and coated paper. M „ I Sediment Accumulated sediment that exceeds 20% of Ditch cleaned of all sediment V buildup the design depth. and debris so that is matches design. M „I Erosion See Ponds Checklist. See Ponds Checklist. V damage to slopes A „I Rock lining Maintenance person can see native soil Replace rocks to design V out of place or beneath the rock lining. standard. missing (if applicable) Varies Catch basins ~ See Catch Basins Checklist. See Catch Basins Checklist. M,S Swales _ I V Trash & debris See above for Ditches. See above for Ditches. M „I Sediment See above for Ditches. Vegetation may need to be V buildup replanted after cleaning. M „ I Vegetation not Grass cover is sparse and weedy or areas Aerate soils and reseed and V growing or are overgrown with woody vegetation. mulch bare areas. Maintain overgrown grass height at a minimum of 6 inches for best storm water treatment. Remove woody growth, recontour, and reseed as necessary. M,S ~ Erosion See Ponds Checklist. See Ponds Checklist. damage to slopes M _ I Conversion by Swale has been filled in or blocked by shed, If possible, speak with V home-owner woodpile, shrubbery, etc. homeowner and request that to swale area be restored. incompatible Contact City to report use problem if not rectified voluntarily. A _ 1 Swale does Water stands in swale or flow velocity is very A survey map may be V not drain slow. Stagnation occurs. needed to check grades. Grades need to be in 1-5% range if possible. If grade is less than 1%, underdrains may need to be installed. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm IV~NIVNIIIINI~I~III~INIYIVIII~INJII~ '~ma'a:~~ MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Grounds (Landscaping) Frequen Drainage Problem Conditions to Check For Conditions That Should Exist cy System " Feature M General ~ Weeds Weeds growing in more than 20% of the Weeds present in less than 5% of the (nonpoisono landscaped area (trees and shrubs only). landscaped area. us) M _ I Safety Any presence of poison ivy or other No poisonous vegetation or insect nests V hazard poisonous vegetation or insect nests. present in landscaped area. M.S „I Trash or See Ponds Checklist. See Ponds Checklist. ~1 litter M,S _ I Erosion of Noticeable rills are seen in landscaped Causes of erosion are identified and steps V ground areas. taken to slow down/spread out the water. surface Eroded areas are filled, contoured, and seeded. A Trees and „ I Damage Limbs or parts of trees or shrubs that are Trim tree/shrubs to restore shape. Replace shrubs v split or broken which affect more than trees/shrubs with severe damage. 25% or the total foliage of the tree or shrub. M ~ Trees or shrubs that have been blown Replant tree, inspecting for injury to stem or down or knocked over. roots. Replace if severely damaged. A ~ Trees or shrubs which are not adequately Place stakes and rubber-coated ties around supported or are leaning over, causing young trees/shrubs for support. exposure of the roots. If you are unsure whether a problem exists, please contact the jurisdiction and asK ror tecnnicai assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storm i~mn~~um~~uunu~~~~uNH att Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions and Restriction of Willow Glenn 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Willow Glenn Subdivision 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 SE 1/4 of Section 19, Township 17 N, Range 2 East ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303500504 i~~~~~~~~~ :3=8~~~n~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WILLOW GLENN The undersigned, Yelm Property Development, LLC, a Washington limited liability company, whose managing member currently is Dennis M. Balascio, hereinafter Declarant, being the owner of all of the following described real property in Thurston County Washington: Legal Description: Parcel A of Boundary Line Adjustment No. BLA00-8260YL as recorded on September 21, 2000 under Auditor's File No. 3314745, records of Thurston County, Washington. in order to provide for the sound development, the aesthetic quality and the healthful condition of the aforesaid property and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for their successors, heirs and assigns, and agree to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the afore described real property, and which shall be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used, occupied and developed in conformance with the covenants, conditions, and restrictions set forth herein. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporations and Bylaws of the Association certain words and phrases have particular meanings which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. "Association" shall mean the Willow Glenn Homeowners' Association formed as a non-profit corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to tracts A, B and C as delineated on Willow Glenn. Common Areas shall also mean the property both real and N~N~INI~~NIN~I~I~II~,VII~IW~I~I a,P~o ~, personal in which the Association has been granted an ownership interest, easement or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions, and any amendments thereto. 8. "Developer-Declarant" The Developer and Declarant shall mean Yelm Property Development, LCC, a Washington limited liability company, however, developer shall also include any entity which purchases multiple lots from Yelm Property Development LCC for the purposes of constructing residences thereon. Until such time as Yelm Property Development, LLC or any other entity purchasing multiple lots has sold all the lots by that party then such party shall jointly exercise all rights reserved to the declarant as set forth in this declaration. At any time as such party has sold or conveyed all the lots held by that entity, then that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100 percent of the lots have been sold by the developer or any shorter period of time as determined by the developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. h~ the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veterans' Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage corporation, then in that event, the development period shall terminate at such time as 75% of all the lots have been closed and sold to other than builders. I0. "Housing Unit" shall mean the building occupying a lot. ll . "Institutional First Mortgagee" or "mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under Federal or State laws, and corporation or insurance company or state or federal agency which holds a first note or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Willow Glenn. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a lot or other portion of the Properties. iiiiiiiiiiiauiuiiuuiiuiuuii~~i~Nii~M v980~,; 15. "Owner" shall mean the recorded Owner of a Lot whether one or more persons or entities, but excluding those having such interests merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this declaration is legally described as lot 1 through 22 of Willow Glenn, and such other additional real property as may be brought within the jurisdiction of the Association by amendments to this declaration. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Willow Glenn shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign responsibilities, privileges and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant, or its members, may resign as a director of the Association and from any other committee for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in the Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of constzuction of Housing Units. Section Three: Authority of Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall inchide all authority provided for in the Association's INI~~IM~III~N~IIIIIII~INIVIIINYIIInI ;~'r~~as~=~w Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers or functions to any person, firm or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarer has resigned as a director of the association, then the Developer, in accordance with the bylaws, shall conduct by mail, an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, bylaws and this Declaration. However, in the alternative, not less than ten (10) nor more that thirty (30) days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the bylaws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, bylaws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Member's votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: Conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tracts A, B and C, as shown on the plat of Willow Glenn, to the Willow Glenn Homeowners Association. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the i~~n~~~~~~a~~ a~.B~e~o~R~~ development, at which time this reservation shall cease and then be of no further force and effect. These tracts and any other real properties and improvements which are described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the bylaws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. Together with all easements which are for the benefit of all lot owners, the Common Areas include but are not limited to the following: A. Tract A, B and C are open space/storm water retention tracts described in and shown on the Plat of Willow Glenn. B. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Willow Glenn; such easements are reserved for the benefit of all lot owners as well as easements that are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements of any other installations constructed within said easement areas. Section Two: Standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any) and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on this Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the day notice is delivered, the Association shall have the right to provide such maintenance, INIV~VINIII~I~~IIIIIIVII~~N~II~IhN e;~ma'es~~ and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which pose a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot owners and shall be referred to as common Expenses. The common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the common Areas; 2. The cost of maintaining all required insurance coverage and fidelity bonds on any common Areas, and for directors and officers of the Association and the ACC; The cost of maintaining, repairing and replacing all Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalk and the curb of any roadway within the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4. The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an Agreement to be executed between the City of Yelm and the Declarant. 3368415 Pale ~ ? of 32 0?r'27~2061 09~18h1 Ti.. ..__a __ n_ ne Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Plat of Willow Glenn for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should, by their use of the common areas, cause it to be subjected to other than reasonable wear and tear, or by their actions damage those common areas or any improvements located thereon or therein, then the individual subjecting the common area to such use shall have the obligation to repair such damage, upon demand by the Association, and to restore such common area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of Enio~. Each owner shall have a right in an easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot, subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or entity for such purposes and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the lots, and has been recorded. IAIINII~lllllllllllllllllllll~llldllllllll wn~'4e~~,=p9a C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight. Insurance. Nothing shall be done or kept in any common areas which will increase the rate of insurance on the common areas or other lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance areas or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common areas or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general. Section Ten• Dumping in Common Areas Common Maintenance Areas, or Wetland and Buffer Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Eleven. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in the Declaration. Also, this prohibition shall ~~IV~IIII~NIIVIII~INhl~~llllll~ll~l m~3`~~'~~w~~ not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Twelve: Mana eg_ment. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed on year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. (a) Declarant, for each Lot owned by it, agrees, and each Owner of a lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. (b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien on the Lot against which each such assessment is made. The Association, in like manner as Mortgage of real property, may foreclose such lien. (c) Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be personally liable for assessments that become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of i~u~un~~un~~~~hin~~~i P~~~a=w~~ insurance premiums on the common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three• Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annual or regular assessment of the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. In the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully set forth. Section Four• Special Assessments for Capital Improvements. In addition to the annual or regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon the Common Area, including the necessary fixtures and personal property related thereto. Any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annual and regular and special assessments shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall be $ 100.00 for each lot so acquired at time of closing of the purchase of said Lot; that amount shall be paid to, and held by, the Association to pay for association expenses under the terms of this Declaration. This initial assessment shall be in addition to the annual assessment or any pro rated portion thereof which may be assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $250.00 per lot commencing on January I, 2002. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 30`x' of each year in which the assessment is made. The above referenced annual assessment, and all subsequent annual assessments, shall be paid to the IInIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIII~IIIIINI a:~a~a a; Homeowners' Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association, then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any lot owned by the Declarant. Section Eight: Certificate of Patent. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificates shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds of the Members. Section Ten: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in the Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obli ag tion. All assessments, together with interest and the cost of collection, shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. IVVIIINIII~II~I~IMI~VINVIN~INIVIN~ a6e~,'~ w Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (IO) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Votin Rg i~hts: In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Section Four: Enforcement of Assessments: The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all the lots held in the name of the Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Willow Glenn. During this period the Declarant reserves the right to appoint a majority of the members of the ACC and each developer has the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and binding. At the expiration of the time period in which the declarant and i~~~u~H~w~uu~~u~~~ a# the developer have the right to appoint members to the ACC, then the Board of the Association shall appoint up to three members of the ACC. If any member of the ACC resigns and no replacement assumes that office, then the Board shall act as the ACC until members of the ACC are appointed or take office. Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided fore the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, ad all the authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers or functions described in this Article to any person, firm or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration or improvements performed by the Developer, no construction activity of any type (including clearing and grading, cutting or transplanting of significant natural vegetation) may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans and landscaping plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alternations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage prepaid, certified return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the board, or at such other address as is designated by the Board by written notice to the Members. INV~~~~~I~~InV~~llpl~ll~~l a:tt~.~. ~a Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plant and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to the Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eight: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen: Temporary Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a IN~VVIVV~IIV~~I~~InI~IIVn~i INI "#.~~_~~~;~ temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in the Declaration to constitute a nuisance. Section Sixteen: Building Type: No structures of any kind shall be erected or permitted to be maintained on any lot other than single family residences, garages, workshops and structures normally accessory to such residences which have been approved in accordance with the provisions of the Declaration. No carports will be allowed and all garages must have doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically prohibited. A two car or a three car garage is permitted and shall be incorporated in or made part of the dwelling house. No detached garages shall be permitted except with express written approval by the ACC or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots within the Property shall be used solely for private single-family residential purposes and not for business purposes, provided, however, that within such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND 2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND 3) the day care business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than (4) children, in addition to those of the Owner's immediate family, are enrolled in either a part or full-time capacity in such day care AND 5) the Owner(s) of such Lot(s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, 6) the owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND 7), the Owner(s) of said Lot(s) will provide the Association prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less that 15 3368415 Rage 16 of 3~ 0??"c?i2001 09~18A DEC X38.00 Thurs~~n G~, WA $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained with the Declaration, as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or an interest in such business operation to the extent permission to operate such a day care business is authorized. Section Eighteen: Limitation on Animals: No animals, except dogs, cats, caged birds, fish in tanks and other small household pets will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of Residences. Leashed animals are permitted within rights-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten- (10) day period. Failure to comply with the written notice will result in a fine of $25 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a Lien on the Lot of the fine owed. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Nineteen: Tree Height. No tree shall be allowed to grow to more than 25' above the adjacent ground unless the Committee determines that the increased height would not have a material adverse effect on the view from other lots. The Association shall specifically have the right to trim offending trees at the owner's expense after reasonable notice. Section Twenty Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitations, laundry hanging or exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on " In~IIINIIINIIIVIIINII~I~~IIVVINNIVV a~#fie~~~,w& the exterior walls of any housing Unit unless prior written approval shall have been obtained from the ACC. Section Twenty-One: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties, with ACC approval of the location of the dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval by the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twent~Two: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the City of Yelm. Section Twenty-Three: Roofs. Roofs on all buildings must be finished with materials approved by the ACC or its authorized representatives. Section Twenty-Four: Fences, Walls. Fences, walls or shrubs are permitted on side and rear property lines, up to within the greater of (1) twenty feet of the front property line; or (2) the distance between the front lot line and the front wall (facade) of the primary residence, subject to (a) the approval of the ACC; and (b) determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall of the primary residence. No barbwire, chain link or corrugated fiber glass fences shall be erected on any lot, except that chain link fencing for a sports facility enclosure may be considered for approval by the ACC upon request. All fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenty-Five: Underground Utilities. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-Six: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas which shall be hard-surfaced. Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles (now referred to as "vehicles") or other equipment or devices shall be permitted in open view from any Lot or right of way. This provision shall not exclude parking of up to a combination of two (2) automobiles and regular sized pickup trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on I~INIV~IIII~NIIVIIInIA~I~IIIIIIIInIIIYI e:~~° ~°,ea the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but, if stored, vehicles shall be adequately screened from the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section Twent~Seven: Signs. No signs, billboards or other advertising structures or devices shall be displayed to the public view on any lot except (a) signs that do not exceed three square feet in area, which may be placed on a lot to offer the property for sale or rent and (b) any entry monumentation and signage which may be installed by the Declarant. (c) Political yard signs, not more than three square feet in area, of a temporary nature (not to exceed thirty days) will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section, including but not limited to the restrictions on the number of signs and sign size limit, shall not apply to signs approved under this Declaration by the Declarant during the development period. Any signs not specifically approved by the Declarant found anywhere within Willow Glenn, the common areas or on any Lot or on adjacent rights-of--way may be promptly removed and disposed of by Declarant. No persons shall be entitled to compensation of any kind for the signs removed by the Declarant pursuant to this section. Section Twent~Ei~ht: Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of x i~~n~~~~u~~a~~~ a~';~E'~~~ any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: Drainage. The owner of any lot shall not take any action that would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. Section Thirty-One: Use During Construction. Except with the approval of the board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty-Two: Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitable located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Thirty-Three: Tanks, Etc. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads or streets. All clothes lines, garbage cans, equipment, coolers, wood piles or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Section Thirty-Four: Auto Repair. No major auto repair shall be permitted except within enclosed garages that are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finishes on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveways. All driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. . i~u~u~~u~mm~ui~mni~ en~~e w Section Thirty-Seven: Maintenance of Structures and Grounds. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty-Eight: Firearms. The use of firearms is expressly prohibited within the plat of Willow Glenn. Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall any such vehicles be permitted to operate on any owner's lot or in the Common Areas. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken or otherwise damaged as a result of dwelling construction activities or other activities by owner, by persons acting for owner or by persons in or around the property at the request or with the consent of the owner. Section Forty-One: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of Willow Glenn development and whether the material would add to the attractive development of the subdivision. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Willow Glenn will be subject to the same approval process. Section Forty-Two: Minimum Size Residences. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less that two (2) cars, provided that a portion of the interior of said garage may be improved and/or finished for residential use by the Owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that previously provided access thereto. No single structure shall be altered to provide for more than one (1) i~~n~~~~~~N~ a~~~~o family. Single level type residences (residences consisting of a one-story residence or a residence consisting of a basement and one story) shall contain at least 1,100 square feet. Multi-level residences (i.e., two story or tri-levels) shall contain at least 1,200 square feet. Garages and decks may not be included when calculating square footage. Section Fort-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulations for construction. Section Forty-Four: Entry for Inspection. Any agent member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-recited individuals shall not be guilty of trespass for such entry or inspection. Section Forty-Five• Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, (provided such rules and restrictions are consistent with the purposes of the Declaration) and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of Fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction, settlement and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument or record, 3368415 21 Page 28 of 38 0?~'~?r'~001 08 ~ 18A DEC t3R.6A Thurston Co, WR easements for utilities and drainage are reserved for the Declarant, or its assigns, over cover afive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under and on the common Areas. Within all of the easements, no structure, planting or full material shall be placed or permitted to remain which may, in the opinion of the board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes (1) cleaning, maintenance or repair of any home or Lot as provided in this Declaration; (2) repair, replacement of improvement of any Common Area accessible from that Lot; (3) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (4) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (5) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspection and maintenance of utilities and drain facilities as delineated on the plat for Willow Glenn. No encroachment will be placed within the easement shown on the plat that may damage or interfere with the installation, inspection and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGEE PROTECTION Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing unit on any Lot or the improvement of any Lot. IN~~III~VII~~II~~~III~IIVII~~~~II ~'~ «W Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observation or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagees' Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including, but not limited to, the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declarant, and the Articles, Bylaws, rules and regulations of the Association, including, but not limited to, the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner, provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortga eeg 's Rights. Any Mortgagee shall have the right on request therefor to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. 3368415 23 Pa~e~ ~4 of 3~ 07f~7~~001 09~18A DEC 439.00 Thurston Co, WA Section Eight Limitations of Abandonment of Common Areas. the Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas of facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Properties, or any other contract providing for services by the Declarant must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN: INSURANCE Section One: Coverage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or iHU~~~u~muu~~~uipu~uu a ~,~m~o substantially modified (including cancellation for nonpayment of premium) with out at least ten (10) days prior written notice to any and all insured named therein, including Owners and institutional First Mortgagees that have requested notice. Section Two: Replacement, Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the common Areas shall require the approval oftow-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for the reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association andlor its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and one behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or exercise any right or option contained there, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in fiill force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. 3368415 25 Page 2fi of 3~ 0?~f87i8001 09~18A DEC 439.00 Thurston Co, WA ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association, as the result of any condemnation, shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS Binding Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of the Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Enforcement by Court Action. The Association, the Declaration, the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restriction, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. Enforcement by Self-Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending low owner. Such IIflInIII~INIII~IVIIIIIIIII~INIIIYIIIIIIINI #,ama a~, notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of any emergency, shall not be less than 30 days. 5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall not affect any other provisions, which shall remain in full force and effect. IIN~Nfl~VII~NIVII~VI~WN~IIIIIVN mv,,, ~ w 10. Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development Willow Glenn. 11. Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorded with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of notice. Any notice required by the Declaration or the Articles or Bylaws or the Association of the rules and regulations adapted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by Facsimile. 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the members and the Owners. ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the Lots have been sold to others than Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. i~m~n~~~~~u~u~ aw.,~%~e ~a Section Three: Prior Approval by FHA/HUD. Regardless of whether or not 75% of the lots have been sold to other than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: (a) Annexation of additional properties (b) Dedication of any properties (c) Amendment to this declaration. Section Four: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 10. Any Decision by the Association to establish self-management when professional management had been required previously by an institutional First Mortgagee; °° III~IIINIIInIIIVIIIHNI~INNIVI~IIII~~I a,~~ 6~°~~~ 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor or the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner that alters the Declarant's right or status. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The ;0 3368415 Q?~??1001 09 18R ~~~ r~so AA Th~,rston Co, WR Association shall not undergo investigation outside of its own records into the name or location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this ~,(o ~' day of , 2001. Yelm Property Development, LLC, A Washington Limited Liability Company By: ,~ . ~. ~CZ-Q~-c,u Dennis M. Balascio, Manager STATE OF WASHINGTON) )ss. COUNTY OF THURSTON ) On this Z~ day of ~~~ , 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis M. Balascio, to me known to be a managing member of Yelm Property Development, LLC, a Washington Limited Liability Company that executed the foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and deed of the Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal herein affixed the day and year first above written. ERIK .I. HEIMANN ~ ~ NOTARY PUBLIC i ~ STATE OF WASHINGTON ~ My Commission Expires June 5, 2004 ~ Printed Na e ~ // "' ~ NOTARY PUBLIC in and for the State of Washington, Residing at (~Cy,1-t,o~~~ , i~~~ My commission expires: p (~~ras1v y " IIIIIIIIIIIIIIIIIIIIIIIIIIIIInIIIIIIIIIIIIIYI ;~=~!,e, eF Date: July 17, 2001 To: Mayor Rivas and City Council Members From: Cathie Carlson, Community Development Director Re: LID Segregation for Willow Glenn Subdivision Exhibits: • Application for Segregation of LID Assessment • Resolution No. 417 • Exhibit A - Current Parcel Configuration Map • Exhibit B - Revised Parcel Configuration Map • Exhibit C - Segregation of Assessment • Exhibit D - RCW § 35.44.410 Yelm SUBJECT Resolution No. 417 authorizing the segregation of the local improvement district assessment and re-allocation of Equivalent Residential Units for Thurston County tax parcel number 64303500504. This property is located within the boundary of Utility Local Improvement District No. 1. BACKGROUND On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington stipulates that "segregation shall be made as nearly as possible on the same basis as the original assessment." Each parcel shall be allotted one Equivalent Residential Unit and the assessment is therefore divided equally between each of the newly configured parcels benefiting from the improvements. FISCAL IMPACT The number of Equivalent Residential Units currently assigned to this parcel is 22 and all previously billed local improvement district installments have been paid. The estimated value of the property involved is sufficient in the unlikely event that foreclosure should become necessary to collect any future delinquent principal and interest payments. The applicant, Yelm Property Development LLC, has submitted the required application and fee for processing the segregation. lOS Yelm Avenue West P.O. Box 479 YELM Yelm, Washington 98597 WASHINGTON (360) 458-3244 LEGAL CONSIDERATION Section 35.44.410 of the Revised Code of Washington requires that requests for segregation be approved by City Council action. This action will segregate and proportionally distribute the existing assessment for Utility Local Improvement District No. 1 upon real property as recorded by the Thurston County Assessor's Office. EFFECTIVE DATE This resolution will become effective immediately upon adoption by the City Council. RECOMMENDATION Staff recommends adoption of Resolution No. 417 authorizing the requested segregation of the original assessment in Utility Local Improvement District No. 1. CITY OF YELM APPLICATION TO SEGREGATE LID ASSESSMENT PLEASE COMPLETE AND City of Yelm, Planning Department RETURN THIS FORM T0: 105 Yelm Ave W; Yelm, WA 98597 Property Owner: ~~~ ~~o ~ ~!~~'~`~~~ l'~Crl2 ~ L C_ Mailing Address: 2/69 ~G~ y~tv~ %,t1- City, State & Zip: ~ ~mim eta t ~~' ~ ~BC~~D Telephone: /- (~f ~S ) 7/~7 - 7 2 -II~ l ' i..r/~e ,,~T ('e~i v/n ,mil / _ Ar+~i~rel Parcels Tax Parcel No. Assessment Amount f33 GYM 4- ~ (~ ~ 3 0 New Parcel Descri tion Number of ERUs C-~ ,~ ~ r'dr? ~ fi _Z~ (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 § 35.44.410 of the Revised Code of Washington. Applicant (please print) Signature Date ~~' i'In i~ M. ~/~ ~~SG u~ ~' t h -~ G~..Q z.o c.c%a , l~'I~,~rx ~ G l 3 ~~~1 ASSESSMENT SEGREGATION FEE A segregation fee is due per §35.44.410 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. CITY USE: RECEIPT # j ~C DATE ~~' l3 BY CITY OF YELM RESOLUTION N0.417 A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO SEGREGATE AN ORIGINAL ASSESSMENT UNDER UTILITY LOCAL IMPROVEMENT DISTRICT NO. 1, PURSUANT TO SECTION 35.44.410 OF THE REVISED CODE OF WASHINGTON WHEREAS the City of Yelm has been requested to segregate an original assessment for Utility Local Improvement District No. 1 in accordance with Section 35.44.410 of the Revised Code of Washington on property identified as tax parcel number 64303500504 in the records of the Thurston County Assessor; and WHEREAS the current parcel configuration is shown on the map attached hereto as Exhibit A and the new parcel configuration is shown on the map attached as Exhibit B; and WHEREAS all previously billed assessment installments have been satisfied and the affected account is paid current; and WHEREAS this segregation will not jeopardize the security of the lien for the assessment or reduce the security for any outstanding local improvement district obligations payable from such assessment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Segregation shall be made on the original assessment roll of Local Improvement District No. 1 which was confirmed and adopted by Ordinance No. 674 on September 29, 1999. Section 2. Segregation shall affect assessment account number 01-135A of Utility Local Improvement District No. 1 as described in the adopting ordinance and identified as Thurston County Assessor tax parcel number 64303500504. Section 3. Segregation shall result in 22 new parcels with proportional assessments representing one Equivalent Residential Unit apiece as shown on Exhibit C. The confirmed assessment amounts for the new parcels shall total $40,109.30 and shall equal the confirmed original assessment amount before segregation. The remaining principal balance for these parcels shall total $37,435.35 and equal the combined remaining principal balance before segregation. ADOPTED by the Council of the City of Yelm, Washington at its regular meeting on the day of , 2001. CITY OF YELM, WASHINGTON Mayor AUTHENTICATED: City Clerk PASSED and APPROVED 2001 Exhibit A - Current Parcel Configuration Map "C '~ ^t 0 a c A fD a y ~^ M`, l J O y Y n d A ~'! H F~1 rte. "'1 i.~. f9 ~7 1~ C A ~~ O 0~~~ o ~,^ -o y~ ~a y~ ~~ ~~ '••~€'•. HAROLD CT Exhibit B - Revised Parcel Configuration Map °'m ~ _ 5 0079_29' W 265x.65 _ _ ~ ~ I N i b ~ }I1 ! O r A~ DAf>" ss~ ~ w ~~ 9on m9n Iz ~ • / I cm m I m y c _ >NO~ 1 c c o f g ~ g ~~'` r g y 1~11 \9/ \\ ~ ... ~ / N n I n !^ / J / om 1 a Aa O ~ of ~ zp O „~. ~ •~'C~ \\ ° Q/Nm I > UI•me O ll 9mr O~/ to on ~iC \,,,,r, \~~~~ •\-.~/ /~/ /• '`u T' cl as 1 R m \•~.~.' 1,\ •i` 6 ~''p I Oi~ i n ~~ 1 ~~ S/~~~ g~~ ~ x ~ \ .• \ JI \ /aa/~~~ I 1~ 1 m? J~ _r nQ~~ '"7i "7~ NI C \ " \ S zy 1. / c1'i m d+m N o°•x-i'IZ- [ ~50.]a =Rpom ~ ~' Gti°r~Aa/ Z ~ ~N I I°~ n ••~ / / a o ~: = ~ I ~ a~'" S ~ ~ ~~nT G°n~'^i A ~ :`~ / JoT.~r,~ti ;ems+~ ~~' ~ (~ 1 ~ mm z mo ~ m > 1Nr~ ~ . _ `y .; / ~~/ `~' {3 3b 1N 00'2S'Ix' E i I O °~~ tl± :mom ~y• mOlMdb yy.~11~ 9 ~-: I; :. ~ / y / fi ,• $3.69 C 1 mZ O-~O i$4~~4 T O~BNN> ~ -I, ~I~ ~ ~_- •, // Vd~ a~7 ~!/ ~C/ v (/1 I mQ oNl ~°~~ ~'~''+ 888: qtr ... :_ ;- 1. / ~~i/ ~~ly .'1 .Nip IN -t I ~1 r~ lir ~j a° a >a .,, C I O A ~~0 88 ~ .. 1"~ //a0 ~~~' ~'~'•:••;i:: ~*`7~. lL lnp ~ m=I ~ I ~0 ;'^> .° u ~ V o ~^ 1 i• ~AS •~J7;r:. ~..• 'i:~fz:~~~: ~ ! gOR I ORI a \,'~ \ ~ Gti4 .. /~~~. •:..x:: :: .e 89.23!' m z Ia T t :? \ / 0ti CiV {.•' •Gti oa ., to fT1nO ' ~ 44.!"-'az A \ / ye [' ''.~ti$::::::~• Off' .'z:: •.:T.'.°~•' ~~;~:':: Nm la Z-I _' ~ ~ax g`;~ / bb ii'`~f~•,'~•••••~'':'i::\:~., ~ .:•.:.:ziiz:er:~fir•":{: I D T Y Y. a L~ / ~:~Y~::•:.• ':..:i11111.• ~:.~~.:'::• 9 `, u y m / !:'~ ~• ~:: i••i '?}';:~:; : ~ .'?:~v ~ r e?~ES ~ fi~'if~ ~n . • #fiir 1 m Z .\ ~~u: • , ~'~' x `P4.: :'~ - :;:?}:: ~: Z v Jo :' .~ i .~ 1 o~ ~~. „ •. s Z 1 / ~ Wit: ~• •. J f• _ O •~~~ ?i :.. G •~• \ :+~: ~ ~ZZ~~ lD 1 •i\:•: \ iR,•i ":+'~i•{pry .6 •• Q: ti::tip:: ~:t~ :Ye:' .. ~ • ° " A o ~ ~>> ~ '* ;y-: c~ c• ;~; iffei?e iFeiz:. .`; , \~ y "' •'n' ~"z' O A m •••~ Y:: 9 m W 1 ~ / 'f :~~:::+'i: 51n':.. ~ S 7x•39 . r / .•• 5 1 J. / 'r• n~ •3•,90, p ar 1 z...:• D / o / •J} •, .•icii'~~~.. a 9~ ~1~,•69901 vNnda Mnas a^ ~~, 1 iFIURST(9N ~ / .ze./ ••''• 111 l30 ~ N3~~ y •~':; •• Y o/ J, .'. ~`'+''++i`• : '1 a 3w to COUNT / A:14.2 112.14 -~y. •~:': ~'?t .: m N 00'x6'01• E 109.99 1 :.._ .~:~a. •: ~'~: ~: y90.Ot1.1 ; / ~°• 27.1 F~ 90.6x N 00'x6'01' •E ••• '~• ••'~p.f •' y7 ': •2.01 N 00'x601•••E 1 • ~ ? / R "~ In^ • •C••Y 1 •.•~ N ~ •,Fl 62.00 °~/ °g o~ ti9 ~ ~ m •,,.,c~ 8 . ::2~:~i: ~` ::~:; 30.5o zs.so 1 °s CI TY OF YEL M I •. / _~ : Z p ~~ ea Im 2sso 3o.so ~ .::,'~: •?~it?iE3~<~~ ~ ...:~:':'',~•'~~' ~' ml-x ._ ':: m o ., OOOa p00> O X i~ 0 ® O ~ O • QZ=C v~~> ~ A n tir~i • ~•. .~ N aN a0 Z my n N 9p O O O ua rS°o yy ~ O r j Z _: • 0m N yr ~ O MN ~ \L~ D M 4 ~ ~ .~ t ~ ~ ~ ~ ~s ~ m In ~ rll ~Dr' -x oo° c~~ ~ ayy 5> ~ ° n~Z ~ 2 N >~ K~~ 9~ C a °a T ~ .~ 1V 0 C ~ a i m o ~. BA515 Of BEARINGS: CITY OF YEL61 SNORT sUBDIVIS10r1 NO. 5175-97-8187-YL I 1 NI .., i I `1; / ~O n~ •~ ~U ~m Exhibit C -Segregation of Assessment CITY OF YELM, WASHINGTON Utility Local Improvement District No. 1 ORIGINAL ASSESSMENT Account Tax Parcel Number Assessment Rem. Balance Property Owner 01-135A 64303500504 $40,109.30 $37,435.35 Yelm Property Development LLC AMENDED ASSESSMENTS Account Parcel Description Assessment Rem. Balance Property Owner 01-135A-01 Willow Glenn, Lot 1 $1,823.15 $1,701.61 Yelm Property Development LLC 01-135A-02 Willow Glenn, Lot 2 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-03 Willow Glenn, Lot 3 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-04 Willow Glenn, Lot 4 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-05 Willow Glenn, Lot 5 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-06 Willow Glenn, Lot 6 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-07 Willow Glenn, Lot 7 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-08 Willow Glenn, Lot 8 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-09 Willow Glenn, Lot 9 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-10 Willow Glenn, Lot 10 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-11 Willow Glenn, Lot 11 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-12 Willow Glenn, Lot 12 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-13 Willow Glenn, Lot 13 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-14 Willow Glenn, Lot 14 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-15 Willow Glenn, Lot 15 1,823.15 1,701.61 Yelm Property Development LLC 01-135A-16 Willow Glenn, Lot 16 1,823.15 1,701.60 Yelm Property Development LLC 01-135A-17 Willow Glenn, Lot 17 1,823.15 1,701.60 Yelm Property Development LLC 01-135A-18 Willow Glenn, Lot 18 1,823.15 1,701.60 Yelm Property Development LLC 01-135A-19 Willow Glenn, Lot 19 1,823.15 1,701.60 Yelm Property Development LLC 01-135A-20 Willow Glenn, Lot 20 1,823.15 1,701.60 Yelm Property Development LLC 01-135A-21 Willow Glenn, Lot 21 1,823.15 1,701.60 Yelm Property Development LLC 01-135A-22 Willow Glenn, Lot 22 1,823.15 1,701.60 Yelm Property Development LLC 22 Assessed Parcels $40,109.30 $37,435.35 Page 1 of 1 Exhibit D - RCW 35.44.410 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 in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against 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 determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries 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 being 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 seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority 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 district obligations payable from such assessment. [1969 ex.s. c 258 § 10.] / OF THE p~~ ,,o~ 9. 4 ~M YELM WABNINBTON City of Yelrra 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Date: July 17, 2001 To: Mayor Rivas and City Council Members From: Cathie Carlson, Community Development Director Re: Final Plat for Willow Glenn, SUB-01-8285-YL Staff Recommendation Staff recommends the City Council approve the final plat for Willow Glenn, SUB-01-8285-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 26, 2000. The project has been under construction for the last year and the applicant filed a completed application for final plat on June 6, 2001. Applicant: Yelm Property Development, LLC Proposal: 22 Lot, Single Family Final Plat Approval for Willow Glen Subdivision Location: The project site is located on the north side of Middle Road just east of the Prairie Creek Subdivision. Planning Commission Action The Planning Commission as required reviewed the final plat for compliance with the conditions of approval placed on the preliminary plat. At their July 16, 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 as conditioned below to the City Council for review and approval. Conditions of Final Plat Approval 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. 20 below. 2. The Planning Commission approves the request by the applicant to retain the manufactured home on-site as a sales office. Upon removal of the manufactured home the on-site sewerage system would be abandoned per Thurston County Standards. Please see attached request from the applicant, dated June 25, 2001, and condition of approval No. 3 below. Original Preliminary Plat Conditions of Approval Sewer 1. The proponent shall connect to the City's STEP sewer system. A 6" PVC collector line will be required across the frontage on Middle Road. The connection point will be at the property boundary to the Prairie Creek Subdivision. Completed. Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day and are currently charged at a rate of $4,850 per ERU, as well as an inspection fee of $145.00/ERU. STEP on-site collector tanks and pumps are to be installed by the owner, which are then transferred to the City for operation and maintenance. The applicant purchased and transferred 22 sewer connections from a parcel within the West Road LID Boundary to the project site, per Ordinance No. 727. The applicant has completed an application to segregate those 22 assessments to one assessment per new lot. Payment of the sewer connection fee will be as follows: each lot will have an assessment of $1823.15 payable over 14 years and a connection fee at time of building permit of $2480.00. Public Finance, Inc., administrators of the LID have completed the paper work and resolution necessary for the transfer. The City Council will need to approve and adopt the resolution concurrently with the Final Plat. 2. The property is subject to a latecomer's agreement between the City of Yelm and Springfield Development Company, Inc., dated November 28, 1994, for a sewer main extension. The applicant shall pay the latecomer in the amount of $2,704.20 prior to final plat approval. Completed. 3. The on-site septic system and drainfield shall be abandoned to Thurston County Health Department standards. The applicant has requested to continue using the manufactured home on site as a sales office until such time homes are constructed on lots 21 and 22. At that time the sewerage system would be abandoned and the manufactured home removed. Please see attached letter from the applicant. Water 4. The Proponent shall connect to the City's water system. A 10" PVC water line extension will be required along across the property frontage on Middle Road. The connection point will be at the property boundary to the Prairie Creek Subdivision. This connection is at the cost of the developer, however, a latecomer's agreement could be formed to recapture a portion of the initial cost of connecting to the water system. Completed. 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 $1,000/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. To be completed with the construction of individual homes. 2 5. The applicant shall abandon the on-site well in accordance with the Department of Ecology standards. Completed. 6. If a valid (by Department of Ecology standards) water rights exists for the site, the City is interested in a transfer of those rights to the municipal water system. Details on the amount of water rights that are eligible to transfer and the value of those to be determined. No water rights existed for the site. 7. The property is subject to a latecomer's agreement between the City of Yelm and Springfield Development Company, Inc., dated November 28, 1994, for a water main extension. The applicant shall pay the latecomer in the amount of $2,163.00 prior to final plat approval. Completed. 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. Per the City code, the applicant chose the option of providing water via hose spigots from each house. 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. 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. 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 Middle Road. The frontage improvements include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage. The Middle Road street section is "neighborhood collector". A "waiver of protest" may be signed deferring these improvements until Phase I I. The applicant has submitted a waiver of protest to defer these improvements. 14. Welch Street shall be shown on the face of the plat as a future street connection to the adjacent property to the north and south. Completed. Fire 15. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. Completed. 16. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Completed. Lot Setbacks 17. The applicant shall submit a plat map with building envelopes to ensure all setbacks can be obtained. Completed. Open Space 18. Applicant shall provide a minimum of .26 of an acre of open space on site or pay a fee in lieu of as provided by Chapter 14.14. The applicant has paid a fee in lieu of providing open space for $6,259.33. 19. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. Not required. Landscaping 20. The applicant shall submit a final landscaping plan to include the perimeter of the project site, planter strips, open space and stormwater facilities. The applicant made the improvements per the approved plan, however a number of the street trees have not survived. The applicant will be replacing 13 Thundercloud Plums and one Upright Hornbeam. Because of the time of year staff is recommending the applicant execute an assigned savings to cover 1 ~h the cost of the replacement trees and to hydroseed the stormwater facilities. Re-planting and hyrdroseeding will be done in the fall. 4 Environmental 21. The applicant shall comply with the mitigation of the MDNS issued on June 16, 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 1.01 p.m. peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per unit which is payable at time of building permit. Fee is payable at time of building permit issuance. b. The proponent shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. The agreement has been executed and recorded. The actual fees are collected at time of building permit issuance. Subdivision Name and Property Addresses 22. The applicant shall submit a subdivision name. The City will forward the name to the Thurston County Records Department for approval. Completed. 23. Prior to the submission final plat application, the applicant will provide the Building Department with a plat map for addressing. Completed. Legal Lot Status 24. The applicant shall complete a Boundary Line Adjustment amending property lines so that the project site is a single legal parcel. Completed. General Public Works 25. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. Completed. 26. The applicant shall submit a grading plan to the Community Development Department for review and approval prior to any on-site grading. Completed. T:\Community Development\Project Files\SUB Full Plat Subdivision\8285 Willow Glen\8285cc.WPD 5 i LETTER OF CREDIT AND ASSIGNMENT This Letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20.040 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. a ~,urs a .~s-,~,2,a~,~ ~Q> -(c~7y G1 I ~~ in tt,~~~s.r,n,b~~ n~.~-~,~~- , in the name of ~-~,~+5 .r, P~r~~ >~,+ ~^, with full power and authority to demand, collect and receive said deposit for the use and pu ose of completing the required improvements and repairs described in said Agreement not completed by ' ~ ~~ , pursuant to said agreement. 1t is understood and agreed that ka~~•s~ -.,,~.r~iv --vas;: t.o~L. holds the certificate covering said account in its possession and agrees to hold the sum of ~ 3c~a c~c~ 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 ~L day of ,~; ~`~--I ,~@~'' ~ • t~1~ ~G:~~«.:iG' r, if/3G'Y;ia: JE;•: Developer ATTEST: BY: Secretary The undersigned hereby confirms the deposit of $ 3G0~ • O U in Savings Account No. 3~;{'S -. ~.~,^1 4G + - ~} 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: w~--r~ r~ ~~ ,~~ ~~ ~~ : U.~ t_... Financial Institutio n _- TITLE: y~-~s-t- ~~~~ ~ sZ_._.. June 25, 2001 Ms. Cathie Carlson, Director Community Development City of Yelm P.O. Box 479 Yelm, WA 98587 SUBJECT: Temporary Office at Willow Glenn Dear Cathie: As per our conversation last week regarding the use of the mobile home on the Willow Glenn Subdivision site; I am requesting that we be allowed to continue using the mobile as our office during the time we are building homes on the lots. As you know, two of the subdivision requirements were the abandonment of the septic system and removal of the mobile home. We intend to do just that as soon as we have completed the construction of the houses on our lots. We will build homes on lots 21 and 22 last, as the mobile currently occupies area on both lots (see attached plat map). We understand that no building permits will be issued for lots 21 and 22 until we move the mobile and properly abandon the septic system (as per code). If you have any questions or comments, please call me anytime at the office (458-0544) or on my cell at (206) 459-0415. Thank you for your attention in this matter. Sincerely, ~~ ~~ ~~ Denny Balascio, Manager Yelm Property Development, LLC ~.~ 0.1~? A~ ~ ~ ~~ ~i ~ ~ i ~ ~ Q f /~ L= 8.40 ' ~R: 20'.. ~.-3s o ~g ~~~ , f 0.12 AC ~ f ~ L=fi9.28 'Y , ~~ ~ ~ ~ a~, r so.3 ~ ~ f ._ _~_.__~ ~ ',, q 'E"'_~-.~ 9.69 M O~J ~~ / ~ ~ ~ - - ~ ~-~Gf 10' UTILITY ,~ , ,--'~ 1lRA~ ~A5EMENT ( ~ ~ ~ 2 2 ~oa• C~lV '~ ~~ ~ 1 ` _ .0.15 AC ,-- \, ~ AN@ ~~ ; __-~ ~4 ~RAf ~~' 40.32 ~ , ..- _-_ . c„ ~' COU! ,~ - ~,~.. + 40.32 ~.~ a ~' STAN ~ r 939 ~' 1 i .54.6 '- ~` `~' `~ z3 ~ ~`~ ~ ,:~: ~ ~ gg, ~ ~ ~ 1 ~- ..:.~< R MOVE NA D DISPO E ' ` ' ~ 39.0Q 1 ~ ~ °~~ 1 ~ 0 BUiL.DING ' , ~~.' y`X iNEf_.L. ) ! _ x Imo. 1 ( Y TMERS ~~ , {.~,~ ° , GUtQELCNES ! +~ ~- ~ , i _~ea~ $' fD QtSPOSE -~~ _~~~ 0.13 AC ~ G R_ 21' ~ R 21' ~ ~ A ~ - -~- ~ ---= `~ ` L: 3299' ~ ____ _._. ___._ ~. x.00 _ ` - - -r----- .~ .~. ~ .. ... ..,. r.... ~.~. ~+.~~ ~~~~. ~` k ~. '~.~~..~..~ ~~. ~...~~~ rte. ~ ~.~ ~~....~..~ .~.. ~ ~... ~.. .~. ...~~.,.... ~~ M52+00 ~- M(7N 3Q+.00.0- B U R ST ~ INSTAL CONSTRUCTION. ENTRANCE 52+41_00 t~W?DLE ST _ ~ i _ PER DETAfl, THIS SHEET w 1f ~ NO. YY ~ ~ ~ 0 ~~~ .. - - ~g 1~ 5~1~ [,~I Bc~t~v~l~! ~-~, ~Li~C~3~,r, ~IVaShi~gtt~Ft 9$~fl3 ~, ~) ~31~9i= '~~ -75 Fay (3~0;~ ~9'!-~~8~~' NO 5 00'39_29" w 2654 65 _ /' OO7 n ~ d ~ ~ ~ _ li i ~ I u~ NI c 1~ / I ~ Oa O ~ of IF uo o~ ~ ~ ~'C ~ Jp./ oo I v A ~ (' A~ $m ~ ~ P _m _ \ -o'er\'F~C• `•\ /~~~ ~' ~~ o _ ~ p l •~ S I -~ x N ~ ~ I c-- ``/O` CIA 9 ~ ~ \ - •`\ \ / ~Cd~~ s1~ ~ <~?A~ ml °; C ~ JS• 1 / S1 /~`i 6 m 1^ ~ _ _ 00 0 Oq C~ N 00'4] 12' E 50.38 ~ Q \ \ ~yC 0`A ~ ~ I J W \ /SO i)` / ~ IP I / °~ '~~ ~ ° ° ~\' I n ~ ,~i•, O a a c C A JO.dtti' iVti T+a ~; • , ~ 1 ~O m o n _ ~~00'25'14" E -I Q N '° '° m' a m -N4 r°. ~ .' <' _ ~~ /' S~yi~ rl',~d 55.69~~'( = I 07Z _mO ~ eU~ ~m $$$~lsa W .., n _ - '-~:~ ,' v`°/ .o^dad' •~y ~i lu A I m0 omn ~>"~o;"s -1 588:^'a m _ :_: / ~m i 5°~`' .'1•~ ~ ~~ < arm S`N's ~ .~ . _ _ "~~~ ~~ ~o4~ti '~~ ~; O I D= ~o° ~ mm~s0 - ~ ~` ' ~mN m'S' N~~~ 6880 - .I. _ ,` .. \1 I,~ JO. obi 'OO h ~' m~I~. O I Aa ~mD m ~ 1~, ~O~ ,( / OJ Ji. ~oR NSF LI Z I ~~ ono _. ~ /` .. ~ S°J~• ONm z'~l 'a"~ -< -~ miz n I-, /. V o-. u o`O a" ~OO ~ _~ A o v;J I F'= i .~~ J ~ °~ ~ S4 /B olP zoo I Om im~ ar~ i H J9\ 41'. O °ir ofF m Im T`~~ ' •. / y ~ J1 °o\ d Ora aq 2 SOS L g v n ~ ~ 1 ~ I P ~ ~ ~ ~ / Sti' LO \ f \ L'l,• d° 89.23 ` N ° 1 '~ ~ j ~ W N 00'25'14° E ~' ] 'y v'1' ~y~\J9 \ ~~ ~ 'a 0 ~ ,r1 .99 73.24 IF ~m .i .. ~.-~ / StiV 00~ y9/y`~''a°1 \°~ S1' s• 01°'q~.4• ?m ~nO 1,o y^, ~ ~yy ~d~oa~ \' ~ .~v\ 4 O~ 4tiy4~ A N Im Z_~ I~ ,~ i 2 o ti' a">' > loo m~ /•t :. ~~ [ / / ~ /~°d .~7 ~'DOO ~4aq \ Off' \ \ cn '. F n I N D Z ?;i 0° s0~ 4ti. ~ 68e \ .o\ `ptq 4Y4<' N 00'25'14" E I A~ kA o /\ _ ~. O ae ~ 2 ;o \ o\ byt 99.a3 v(~O a, ~ /' o "~)on ~° ~ {I _ i / / o• S>~, O p0 S4' \J~ ~'" tip' I ~~ ...... _ .......:.......,._... _.. /] n// x 4~'. \ ^ .-~\6. J. 001 1 mZ~ ON 2 `so J,• ~ ~ 9 N~ I 0= J u\ ~ 649 'O° ~ U q~ ~ 2\\ m ~n \ N 00'25'14" E ~~,~77'0 ' O \ ,\,~^ - VS y4' \.o \~ 131.92 I D - '~ /'/ ~ sr Jy°O\ \!4 0(o Z `rp ,`'I. \\w ~ Nt1`\ NN I -nlv • _ _ / J y. \ OrO °'vDO to N \ C~\ ~ ~\ V I O Z ' ~~.' /' ~ Op JJ, QJ\ ~.Uy~` OJ ~ 1 O oN I G.ZOI :~._I ~ £O J2 ~ °S, 2\~ S, O~m~_ ~ d681s \ \~ \ N00'25'14"E I 0~ /]' ,. /~~\JY \ Oy d '0 0 \S9 1 711.29 ~zom I t0 'V ~ \ bb S ~ 60• u\ y \. ~ ~~ 4y JS\ eti y4C '. '' ' \~ N \ ~ .. i a° 0 0 N \ro r~~ °% 4ty ~ oo. w' O (.+ \l \ 1~ -1 ~ 0° ~ ~ n ~ I ~n 7 0 0° ~ v 4 ~9"91 N02'24'36"EI 1 N 00'25'14" E ~ 1 n I W N 'y' O• N ~ ~ O° c4' ~ ~ \ p6 1 5 74.39 1 98.64 ~ 3' Bo 4q'. \ m \ ~\ Z£ 90 50.4 A 1 F_- 01 ~ /' ~ JO' /~ J.OO d' N \m oN 9 ~ 68901 3 rya015 <d 1~' al 1 (n C i~/ rJ ~ ON \\N4' IA \I (3rJtlN~tldS N3d0) ~ I~ I ~al io THURSTONI ~ ~ ~ ? ' _, A J Qaa Im I ml O COUNTY ~ - , /' ;-. 40. 78 . ~ ] 112 14 ` 7y rq 110.12 11 C ml, N 00'46'01" E W I I e. ....,.... I 3 '' / ~°,, ' . i m ~ S r~l m '~ro yo`~ 30 s0 2s 50 G{ I °S \62,00 v~om1~ CITY Of I ../ i i~ r .IA .a ~ -~n pm 1 k~ o eylm I~ °o~l° 25.50 3050 ~ ~ el P o, ~ oIN OCno ~ I Ia + OIL I N ~IA Nla m~ ~~ YCI.M ~',~ AIFO , ~-~ JOI F u I m P ~ , I I ~ ` ~ ~ ~ ~ ~ l ~ 9907 ~ ~ o n 9903 J ~ `m o ° N m~ v ~ A ul -. m ';. ~ q F -- - 47.50 - 52.00 ~ , - 45 s0 S ,`, IT UI - c ~ \ 1 ~i ~ 0 ® O I - r ~ a o s7_so ° WELCH STREET S.E. _ o _ 239-00 _ _ E s7.so o ~ '; I ' • Q ~ ` o r ' -,• O ~ 5 00'46'01" W 354.00 ~" DDD--- I I Q P ~ ~ 3 l m j r~ '- ,\ o • ~ - .. N 00'46'01" E 354.00 r I ~ M _ O ~ N ~ ~ _ m ~ . ~~ ~ ~ ~ BASIS OF BEARINGS: CITY OF YELM SHORT SUBDIVISION N0. SHS-97-8187-YL _ i ~ o ~ ~~ t. ~a~ LETTER OF CREDIT AND ASSIGNMENT This Letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20.040 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 S~avin~gs Account No. ~$ ' 1n°Z-~1'y q 1 "'~} in ~,t,~ras~t~n~~, r v,.~ M~~,fa~ , in the name of '~ ~crrE "~' `z,P"` ~N 15 vt-~ gr~L 1'~SC. ~ (~ with full power and authority to demand, collect and receive said deposit for the use and pu ose of completing the required improvements and repairs described in said Agreement not completed by _ -.~~) pursuant to said agreement. ' 1t is understood and agreed that t,t,~~,~+r.-~.~,r.+ rvy,-~. holds the certificate covering said account in its possession and agrees to hold the sum of ar 3ac~. o© 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 1 ~ day of ~, ,;,~,~ ATTEST: BY: Secretary ~A"Yl_ ~Gt.-C....1icn.r~l~'1GZ'trG',~y@~2 Developer The undersigned hereby confirms the deposit of $ 30Oa • O c,~ in Savings Account No. 3f~ '• ~~7 ~~ + • ~ 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: w~t-r, ~ ~~ -rY~y tU+~~. Financial In stitutio n .. ~ BY: i~L..E tr~«~ t?t~ TITLE: ~~T yyl ~,~~, / of THE AQ~ 9, Ci o Yel~z a ~M 105 Yelm Avenue West YELM P.O. Box 479 WA6HINOTON Yelm, Washington 98597 (360) 458-3244 Date: July 10, 2001 To: Planning Commission From: Cathie Carlson, Community Development Director Re: Final Plat for Willow Glen (formerly Middle Road Plat) SUB-01-8285-YL Background The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project on July 26, 2000. The project has been under construction for the last year and the applicant filed a completed application for final plat on June 6, 2001. Applicant: Yelm Property Development, LLC Proposal: 22 Lot, Single Family Final Plat Approval for Willow Glen Subdivision Location: The project site is located on the north side of Middle Road just east of the Prairie Creek Subdivision. 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 met the Planning Commission shall forward the plat to the City Council for review and approval. Staff Recommendation Staff recommends the Planning Commission forward the final plat to the City Council for approval, provided: 1. All engineering and surveying fees for the final plat review are paid prior to City Council review. 2. The applicant provides the City with an executed Assigned Savings Account Agreement. The assigned savings account is required to complete requirements as discussed in No. 20 below. 3. The Planning Commission approves the request by the applicant to retain the manufactured home on-site as a sales office. Upon removal of the manufactured home the on-site sewerage system would be abandoned per Thurston County Standards. Please see attached request from the applicant, dated June 25, 2001, and condition of approval #3 below. Original Conditions of Approval Sewer 1. The proponent shall connect to the City's STEP sewer system. A 6" PVC collector line will be required across the frontage on Middle Road. The connection point will be at the property boundary to the Prairie Creek Subdivision. Completed. Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day and are currently charged at a rate of $4,850 per ERU, as well as an inspection fee of $145.00/ERU. STEP on-site collector tanks and pumps are to be installed by the owner, which are then transferred to the City for operation and maintenance. The applicant purchased and transferred 22 sewer connections from a parcel within the West Road LID Boundary to the project site, per Ordinance No. 727. The applicant has completed an application to segregate those 22 assessments to one assessment per new lot. Payment of the sewer connection fee will be as follows: each lot will have an assessment of $1823.15 payable over 14 years and a connection fee at time of building permit of $2480.00. Public Finance, Inc., administrators of the LID have completed the paper work and resolution necessary for the transfer. The City Council will need to approve and adopt the resolution concurrently with the Final Plat. 2. The property is subject to a latecomer's agreement between the City of Yelm and Springfield Development Company, Inc., dated November 28, 1994, for a sewer main extension. The applicant shall pay the latecomer in the amount of $2,704.20 prior to final plat approval. Completed. 3. The on-site septic system and drainfield shall be abandoned to Thurston County Health Department standards. The applicant has requested to continue using the manufactured home on site as a sales office until such time homes are constructed on lots 21 and 22. At that time the sewerage system would be abandoned and the manufactured home removed. Please see attached letter from the applicant. Water 4. The Proponent shall connect to the City's water system. A 10" PVC water line extension will be required along across the property frontage on Middle Road. The connection point will be at the property boundary to the Prairie Creek Subdivision. This connection is at the cost of the developer, however, a latecomer's agreement could be formed to recapture a portion of the initial cost of connecting to the water system. Completed. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per Page 2 of 5 day and are currently charged at a rate of $1,000/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. To be completed with the construction of individual homes. 5. The applicant shall abandon the on-site well in accordance with the Department of Ecology standards. Completed. 6. If a valid (by Department of Ecology standards) water rights exists for the site, the City is interested in a transfer of those rights to the municipal water system. Details on the amount of water rights that are eligible to transfer and the value of those to be determined. No water rights existed for the site. 7. The property is subject to a latecomer's agreement between the City of Yelm and Springfield Development Company, Inc., dated November 28, 1994, for a water main extension. The applicant shall pay the latecomer in the amount of $2,163.00 prior to final plat approval. Completed. 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. Per the City code, the applicant chose the option of providing water via hose spigots from each house. 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. 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. 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 Page 3 of 5 for review and approval. Completed. 13. The applicant shall be responsible for half-street improvements along the frontage of Middle Road. The frontage improvements include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage. The Middle Road street section is "neighborhood collector". A "waiver of protest" may be signed deferring these improvements until Phase II. The applicant has submitted a waiver of protest to defer these improvements. 14. Welch Street shall be shown on the face of the plat as a future street connection to the adjacent property to the north and south. Completed. Fire 15. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. Completed. 16. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Completed. Lot Setbacks 17. The applicant shall submit a plat map with building envelopes to ensure all setbacks can be obtained. Completed. Open Space 18. Applicant shall provide a minimum of .26 of an acre of open space on site or pay a fee in lieu of as provided by Chapter 14.14. The applicant has paid a fee in lieu of providing open space for $6,259.33. 19. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. Not required. Landscaping 20. The applicant shall submit a final landscaping plan to include the perimeter of the project site, planter strips, open space and stormwater facilities. The applicant made the improvements per the approved plan, however a number of the street trees have not survived. The applicant will be replacing 13 Thundercloud Plums and one Upright Hornbeam. Because of the time of year Page 4 of 5 staff is recommending the applicant execute an assigned savings to cover 1 '/2 the cost of the replacement trees and to hydroseed the stormwater facilities. Re-planting and hyrdroseeding will be done in the fall. Environmental 21. The applicant shall comply with the mitigation of the MDNS issued on June 16, 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 1.01 p.m. peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 per unit which is payable at time of building permit. Fee is payable at time of building permit issuance. b. The proponent shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. The agreement has been executed and recorded. The actual fees are collected at time of building permit issuance. Subdivision Name and Property Addresses 22. The applicant shall submit a subdivision name. The City will forward the name to the Thurston County Records Department for approval. Completed. 23. Prior to the submission final plat application, the applicant will provide the Building Department with a plat map for addressing. Completed. Legal Lot Status 24. The applicant shall complete a Boundary Line Adjustment amending property lines so that the project site is a single legal parcel. Completed. General Public Works 25. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. Completed. 26. The applicant shall submit a grading plan to the Community Development Department for review and approval prior to any on-site grading. Completed. Page 5 of 5 P~P~T =~~ ~~~g~i~ ~o~ S 00'39'29" W 2654.65 - ~~~ ~ ~ ~V~ 12 \ `-. •`i ` .~ ~ - ~I -r° n~° I,o v ~ ~ nay ~ 3 ^ ~ m~ m \ yg ~~~ mom N~r z r A ~•- / ~`" I ~~ of ~ Qi x~OZ ~Im rat r N \/~ \~ ..~ ~P° ~a Q ~ o, ,~ ~g ~ to ~,~ \ -.. ~ °o> 1 ;fn ~ ml p~ ~ = ~~\ ~ \• ~ // ~~ / gym I i01~ ~ of ~ Nrpi A''=' ;.\~ v ~~` ~~ // .t~49 / oSF 1 ~O ~~ ~ ~ of min Awl O`~ I4 !>r ~m ~i \,~ ~~"j ~ S \~ ~ / / /~+p '~ ~~ ~y I n y ~ .L\7~ g I rn v ~ ~ ~ ''" ~' \ !`ray • °j4 y'a~~ ~ ..~ ~ ~ I t0_ ~ ~ ~ ti~ ~nJ ~ ~ x $ f N ~' 7y pti py ~ ~ / NI ` ~ ~~p N 00'47'12' E ~~650.38 - - ~ ~ ~ \ j~ 9~Op --. ~ ~ I 1 W 2 R ~ .=i ~ '. 'b' ci m - . ~ w m v .~.> ypd `y~ ~ ~ ~o ~'.. 1 ~ U1 + `_ ' ~_ / ~.~.~~ / p`er' ~ ~ ~a 1 I _ I t 1 IZ ~~ ~rn I~ .. ~8 ~N 1 I I I ETON J TY I -?---1 OF 1 ~~ nZ NZ~ m vO N o A ~~ ?~ ' 60 Q ~ ~ s ~ ~ O N 8 I O Z ~ ' l~~ N ` ~n z ~ % i C '. ~ .• ~ n ~ \ m ~ . ~ ~ • ~.i f rD 1 m O O 2 ti °o ;~;` _~. . {_ ~ ~ I I m~ ul ~I I R~ DZ vo r u in a m ~ A 0 r +7 ~g aq Z O OIL N N O A m m A R n V 0 07 z mp ~~ D~ ~Z ~m OA ZO m 00 r om n~ ~m~ O~ x'11 ~m ~~O m~ z ~o T_z ^^_N TN ~ Yl o? m -,_ ~~_ ~o ~~ r= ~~ Wm [N~ y --i _~ ?1 ~_ ~. N J e '1 ~' -~ m 2 -+ m S BASIS OF BEARINGS: CITY Of YELM SHORT SUBDIVISION NO. SHS-97-8187-YL to a` a ~ o ~ ,Q~-. ..yo. ~. N ~/l \ (~ ~ '. 1fl O N N Z g W O ; ~'7 •r~• V W `' U F ` ~ \ \ ~~~llfl~*- - . llllll•. ~ N (~ u } ,.~ W .... 1 I.. ~ , ..~, 1, ~ 3 o i _ ' ~. m ~ of ~ < !~ ~'(!.r \ ~~ In Z J~ ~ x z ~ ~ ~ ~ I!l J ~p~,.~ ~ ~'S' OV ~" o < 0 0 0 ~~ ° ~ 7 ° ~ r V Q ~ .- In 1rb,.~~t F ! ~ ~ o O ° ~ ~ a wI1 O Z O ~ O ° ° N QO O ~"~ ~~%. ~~ U = N ~ ~ F LL Vf ~ W WW< < ,`J~ (~ ~ y'' ~" ~= y`' ~ ~-° IS' a W Z ~ F o ~ b F ~'n ..lz U~ ~a>=~W<a° ~i ~ a m ~ z o < x< a° •~~5'=_ F O i or < ~ ~z<oo~~ '~~ro~m~k' ra a C~ ~ oo f_- o o ~ W ~~'- Wrc zt ~ g a ~ < 7 < < ~ LL) i r G ~z p ~ u ~ U ~`~<STd~~~~wr~• NW W ~' O W ~._ W Z W • ~ W FO ~m W 0 .J `~¢ ~ ~ ~ NO ~ O ~'~a Z~a =yNJW W'-~#~~ c ~ z- 2 Z W = ~ Z N y/ 2 0 W Z O Z ~ 2 vl m 7> 3u= y~N G ~ a ` ~ % ) X '>' X 2 zQ x K CY ~ O7 ~ W <~W 7 ~ }~F 01~~~r 7j ~~tliZ~vFiw H a' X ~sC- OI c~< O ~ o 'lrc ~ ~ x5~~oo<N ?iyW~~ _,<y`~+.._t. Z .~ ~ W 1 W W U W -2 W ~'~ ~ U ~ -a mar WS~F mU~a7 W ~QwJ WI.~ U . ~--'' J NM Ii0 HN W W `\i'`..... h0\\ WW z O< W °< < j j . LL U' ~ w z W ~" 7 -~ yvJi ~ ° N a ~{/J_/}Y/:.'~ ~~ -i. FZ ~ ~ ~ ~ ~-~ ~ ~ ::., s ~. 7 W ~+~ W W ~ < ~ ~ ~W ~ +1+ i„ •, S ~ ~ 41 ~ ~12 ~l?/~ ~~ Z O ~ .. '^ ~ ~O~~=aJ <WYa 1 - .' •~~ ~?'' WZ W~tIW 3~,a~~~~ ~i<- ': Q ~O WZ{W°y~~j~Z o~ Iln bu SZP a a Fx i ~l A~' .# 7 ~~'.i ~ ~ ~ ~ ~ ~ : ~ ~ O] N OW~aF-2~ ~° IN `~~ °2 ~ cn° z\ j~1'~bJ ~i. ~^<o ~ ;I ` - Z lq w v' Vl0 < ~ ~ W I7 a 7 \7 P _ Z 11~......._ N ~ I,-• m ~~OUlZ7ll`vS i ~Ys J o< IW I 91 ~? Z° I j° a Ord ~ Io ~o r-U ~ jFO~~UWW N W Z ~F WV1 I~ IO~ F Q I I= I~ .~1 I= 1< {~ Q Q.p~ yak W~~az~~ Z rr-. m ~ F axe ~ {Z~ ~o i i'~ya/+ 1'_'"'f Is i`WW~ i~~ Z=~" Ili ~~pwy~lrVl l/l ~ ¢ ° Q ° WO~4 I20 2< I 0 7~N {=ZN ~ Ij 17N ~(] Z OWZ}W I m Z < ~ IV<1¢ or ~ ~ 7 <~ ~ It~ W W ° UF~ZOZiIn~~ { ~ < 4Z W ^~ i ~ I1;,% wN I aa% ~v Z_ WW .~i ~;>~ {i W~ ~i I3 a_ ~Q OW ..1<<'~(A fI/a~Ip I 1W. ~.J a' O1- a q OW ~~ I ~•1 ~~{N ~~ (~ ~W I~~ ~ I~X OV ~O l-~lJ- QW V' ~ >•.r Z W Q NW U N IIIWQ v_r ZO N l.l~ j•=..<0 VNI ~ i~t~ ry {W ~~~ aW,2 7Ua ~/Ia~j Y O •.. (7 ~ ~ ~~ <~' I4~4 1 iFN 40 ~~0 I rW {<~ Ipr \"' ON J202U<~ ° u. m ~ my m0~0 { IW~ 3F' fy0j ri 31 Or I0~ ~Vp < ~1 ON ZQ <~ ~O~~~W J { Z2NU I~~ ZW I~~ ~Q~ i ~~ IaQa ~"1- ~~ OZ F O~ ~'~~< 1 ZI_A<< { > ~~ ~ZWW IW WI ~I ¢ 3 f-W I°oZ >/ri ~'~ Z3 y off.-} I~s J~ I ~i I~o~ ~7 1~0~ " 07 I a{-,~I < 1 Y O fWIJ V ~~ a3o~~O~ ~ ~Wa~YJZ 1 I<ti <?= 1 IZ 1 <<tX2S~ `i1 <<cY.~~ 1 i.~l OIL <O ~YW~<~~ v<Wi V~O7.p,I O I yl~N o I< I t~~~Z<V o Z~ ~~°< q < ZZ 3~ Y I {_ l 0°Z< U O ~~O ~~ ~<~j<W~ °OZ wp ==y0Z O IJ OZW~ O Ij I O°FT O IJ Or¢T < ~WM m~ ~2 °'a~W Q (~ $<V< JII I7< $V Im•" $WZ< ~1I m•.. $WZZ< ~r lnY ~I. rZGZUWyOI~I°il~ N _I ¢W~<W ~ IaU Wa0 I I~U W02= ~< W~ZJ Y i\~T~< ~WO r° F20V ZCWy5~<~ < J Oy°j~~ ~ {}Z ~= 1 }2 ~Y 7 a-Z )Z >z l=LJ Z0 y1~1'~KI%IZ = ~ V~rW ?N 10_w V< ~ ~p~ V<~~ ~~/~/{.~a ~<~Z~ I_n I~a rm W~ yyZ~~OO~<WNI- ~ cW IOW W~ 1- I ~ < ~ IZK li W°Z f~^~ 'ZK <zO W< ~ 122 OZ ~W 0FW-Z r{~{~/a j ~ C FO7m t F J F~ ~t J F N~ W O ~2 ar<OWVIja W ~ NZ2 W N Wa~ I<y <W WWWW t <W W l,~ ~~ O<N aJF ~'7a _N VI O ~NO Vl 04 Vi 06 FR yVS 0a ~~ YI/l WO iY ~moc~i~i~ a W izWCii a ~~ < <a~w < 'SBZ~ ~i Z '' ~WK~m°t7 ~ O JW ty~-, ~ rcINW~ V SV1W Wa Z >n wu7z ~ I-' r v\ ~zW~'f~ ~+ ~' Ulm ~ rv.~ Ooom ~ i..~v. ~ o~ b~ Q O ~m mx a<3~ ~' O ~o'f Z ,~ 3ak'=~ oZ Z^Z^~` t7o ~` ~`"o ~~ a Z~ Z°OJ<~= O ~ V1 ~ ~ I Y°~W2_ < O { y~1r O Z , °3Wy0~0 3O Z I OWI.Or +Q ,}7O LL.Z 77 O~V<a I//~I W U y<jX~ U' Y~ZCI ~ [r!° I Y7N l" ` ° I YEN '1-`" OW [L' oz z_ycl 7 K Ly 00 i .~ _OW ~ ° _ _ ~ Q° Zm U 4 Z NW3j>WarO W W r OJ < ray~ .J~ O W ZZ O Z 1 W Z Q ~ o~ Q ~y~,< ~~~W ~ a w < '1V <72r~Z x ~ < ~`r7 v=i 1~.~ t~~m~ ~ ~ 4; `~~ ~•~~ ~~~J1 I.<l~ ~ t0<~~W ZW= W ~ Z ~ ~ v ~3NOW ~ ~ ~N~2~2_ 1~ O ~sO VIFO 2 l3a O ~OVI Nwt2 UO U O~ZaYZ m7OW 00 ~ ~ O Z ~ 2= I.¢I.~~~~a~pW'~ W ~ Z ~<~OW ° rY- IF~a<31~,W uN7 0 ~ Fa~;I~W``v1 Q W a< uJ Y17imRI~i~~t=/1 ? W U N fOj Um<15 F ~ u3~0z N ~ U6~OZ ~ N ~ u<~O =r# o r a II~~= y~ O r < W OZl/I~W W~m F < 0> VI O>C W~ jW O?< WW ` yl ° } ~(~p l.°l.~ ~O fA ~W ir~ 0W W~~~~Z _J TCi W Z W Z O O Ru rO WO ~W <~ F0~ AW OQV N m Z m~ ~U CD th 1. >F y.r Z{~r ~JQ (T-V ~ZZ<2 O ZO U$ ~4 W ~ WW W 00~ '~ ?W m y~~4yZ/ r ~e~ ZUIrW= =~~•WFON~~a'~jOW -"..1~ ~=<1~~ U_~ <«jra'~W ~WNmNI.,Y~~~N~<°Om Z~F JZ~ZJO F Wt~lp~Nf.] ZW CO1 Il.~.~00W~'r°ZW 01=-'j0~ OU14J Wm(W~j UV Z ' ~ ypJ, yV~I~Z O~,.~ x.21 „Jj<W< =WFm a~YO~- <VIrS<Z DO- Z2_FIW/IW J~ O~ OY Zm~VI ra'1~00Z1~~aa,W Q~ CW~(~t~<ay~jW'.~ W3 NO W~R~K Wa~V pt~(//1l<W1y3~~r~Wrr~7<ZNV~1l~~~Z <~~~<m« =<7j ay~i ~~ ~ ~ ~^ < ZW~<#ZZ <~~~a4+~V126'ON Z~~ ~<W LL °0 Wr~VI<< I>~ZVIW WFK JW<~a<+ c7~{' 00~~<2=W0 K mJ L~ < '~wj~~3°W<Inz to>a<~oWWOa oz< mr a ~~~~i~id s~ool<.,~~om8mk'y~;~Zk'~"ti oW~~~z ~~`~>'a'~~ W~ ~ ~ ~~- 3 7 <WW-47 ¢WU KZ ~2r K y1 ~r K of J f7S~ 2Z°~a5 V ~O#O j0 <~O°-a'2<Z OJ ~ ~V rr¢F-YS ~~Y08{ 7 C)2 ~I ~2yl ~ 1A~ °~m~ ZW ~ >~ g~soi$ z2~SD~fl.io I zm~~vi=i#v~oi~w W W¢~~umavlm ow~lmuz zZ<~o~k'til.~~oz~~vi~'"d 2 ~''~Tj ~ 2K LL ~f{ ~ W a. W < VI O ~ Ul l~ 2< W qZ" W•-W V< ZOW ZF Na rcQ~VIN~1-~Wpp~<~~ > ( WVl_ ~~ ~ °Om< [~']1V mm(JW aSa ~~~<I~N_Z 2m~t ZFl-O t{~1~~ ~ ~. ~n <W y6~V ZW_ Ya,VWUTAr y~ vl l.ir~ vl W _~ W O SZVN ~l~ O a' V>W<<<UWm~~IA~rW W~71<-<Zp Z03 W~O m FYIO 6. OO W °W Y!-< zzOW YFN UI N W 2_ < > ~<J~<O~~yI<FOW,22 ~ W~Z ~°00r <2yJj Wa'Wr W~ti =23•- ~< ~~< ~1/I~ZL m~ ~ ~ y~ [Q~.•~, ,7~ ?_ WOE ~j ulr {-~ 1~?w Vl~ r 2K~ y~O~ a ~ o <vi 0 ~O~a7<007OVl~WFW Z~ `~~J7>x 4F W ¢Q S ~~(~ `-W_KOOG-- rrK ~r ~j~<IA;W V WW ~ •"~ ~ J rn o°- ~ z wr u r z ~"~2 W Nk'~ z~zZ-'Z~''I~ili~ °i ,z,,a1A-z~ z_pOzrc~zl~'z~ ~'~<TTOWO iu to S<~Z~•~ x i `~ 2>ZO Z V123 W O OZ ~~ WVW2, < N O ~ m~SVt7F 3 ~F{V ZI V~~W~~V OZ3~~~•-WO (-' r~20 aW WJ .r WOZ`VOQy4Z~/O~S Zyy~~~yiNO~~U ~~~O~Z O(a~~t~~ J ~ Wy ~y~~2~0U^~r Om <¢FUV 17S~V~OVa I.Z/ZW W FI/1~22 ~{2y7 WWa;,~2 Wr WVIW^aU1 W ~ 1Ny 4~F2< r rN y~40 ~r ~O 2V}~41 OW W2U OW b 5 ~7~S ~ ~<ZN~J VIW d WZZ =<~ <<WF~ d'C70`~ ~VJ WVI~VI = Z '(~~ W22F<WJ -~ I.~ <Vi WW JI,~Z_Z ~7~F WOF a } ~< H~ r2rrW €jUW2 WWW OWW < W O ZU.UCJ 2~F$WK ~WmVWJaC ~O~ UVl (~ZjmONNZ WONtWN~J1~Wm20 N rS < ~ yyJ~ ../ JWKW Wfl1< N O{4~ O <~} VI F O~ Z ~~y <U~ Wx O F ~ >Z Z~IKW~ ~ a~jUW _m Zrn~ d FO2?'Td`~UQ~VI~~<~W~~`OWQO~QO`OW=~ W W~y~~I aya.Y.uK=lWWO W~<O~F~W JmVUr~~~j~~C~2 J~FZ ~ UWWV`~ ~ ~ ~ ~V' O <(~ 1I~~ Wyl `+0 ~<~ FF <02< O. Z <-yy., J !!1111 f"' ZZV~ < ZWO~ ~~ ~Z°m 24 ZJ l7 ~ J Q WrW~ 0~W O J =O> S'{~ W <WZZ W ~ '91 ~ 2V Z W W a~~ > ~ <~ V ~ aW<JVI ~ <00 F: Z W a J2<J F <7UW ~~ ~<ZZ ~ ~O WW cW Wys~ ~ yyJ/~~z5a~~j' v~,+~l ''(7~~ rul~iw'3~<<~K_'myR^ ~z< ~ <vlu z~u~'S~ ~~'<k' ~~°~u Woz~ I.~~WO ~ W_ O mo4y(,//lI. r o ~>Q` I VI~~V~W~"~/~`~~a'W40J 0U W~.WIlWW Z~ ~ VZI 6~ 4y~1 I., ZIP<71. Z ~~ Zl- y, 22 0 Z <W«~~ °) ~+~ <r W W UK4lOWV Z °O~Ntt ~~ 1lZm <ZO7 WO ~''WW yV1<a0a00o~ O~yyS~/O ~myyN~l<< O<N C~OmWW2W1~WII~/l ~ aaZ < l- ((p~ {y~Jl~rZ p, < ZZOmW a'I~~JZ~<F w ~<1V-I1~3 N~Oa'>K~IrJ 21W-Wy7 ~W Za <~7ZaWZW U7Q=~~W U U~NZ~y~NG V J~ WWWmJ~ZZ ~OUK70y2~x0.2 yy/120: 1J ¢<y~ O~ IA«?WrZ V1 <WIV VIW <~ (Q W ~U'~JW~~WO~J721aV1~S7~~~rj~7W~Wf=/I~F~V ~ <c°5a7d"a'b'Ir'~~a~a°~4c°~wo~xa~~~¢~~<°~i~z~~l<.~VO<O ~ ~~~W~~ ~g ~~ ~3~~ ~1~~°~~~ ~ ~`d~d ' o ' O U ~ O Q~ ~ ~ ~,~-La la-c6-sHS oN Nolslnlaens \ ~ Q ~ w Q ~ '~ w ~ - w o l~iOHS WO,I ~0 J.110 SONIaV~B SO SISdB ~ ~ o ~ ° ° w J ~ ~ ,_ w m _ z o ~_ _ >v~ N oQ ... Q ~w •'=- -l. ° o YN Y a °~ O ago °a = o° .t o ,n w~ ,',. o cn o~ w a ~ ~ro Q' N o wN N w ~' - - I 1 vi N w cn \ z cn cn ~ ~ r ~ o o, d w = '-` r. ~~~ _ 00'454' 3 .,10,94.00 N ° ~ ~ J o z ~ z a Q a w ``' °° - ~ p a m Qo - F=w ~ oS1 ~-~~ ~~ m ,; ~n ~ o ~ ~ Z > > ~a ~ ~ oa o~ H „~w~ owooO ui ~ o \ W o o w~ w o w ow Z o~m ~w~O I r•_` I N _ _ 00'4SF M „10,94.00 S N N = , -- ~ w w cn cn cn cn a r W ~ ° ~ J w_ c~ I ~ oo ~ OS'LS~ 00'6£Z o OS'LS o o w ~ ~, J O ® ~ O ~ Q. o ~ ° ° m O M '3'S 1332115 N~l3M o o ~ W "r ~ ~ N ~ ~ ~ ~ o ° I rig .- "~ ,,~ ~ ~~ ~ ~ UmQ w~3 I~ ~ Q ° a w ~ ~~v w V~ OS'S4 _ 00'ZS _ `,' OS'F4_ S 3 , ~ W ~ cn W ~ ~ ~ ~w ? of ~ a rn° rn ,~ o 0 0 `~ rn (;N~i w O w w Z O z 0o w - ~' o ,n o W~ ~n v ~ 4066 w o 0 o L066 ~ ,n ° o o, o ~' ° o ~ ° ~ IN zo'~ ~''~ ~ N~I `?~ I - m~ rn ,OI--I '? I ~`n w Vwz a ~~S I ° a w°' oo d (~n o°'o .- I ~_ ~ oo ~ ~o w w ~, I o m .- I C .- ;~ ~`' ~ (` a a w ~ ~' '~ ~ ~ `gym ~Q Irn al ~ ~ M rn - ~ I~ ~ of orn o yao i~ ~- /~ I w vi w z m r- ~ o ~ to ~ ~ o ~ rn m m ~ io of co o ao ~ ~3 cn N ,~ ~ o - / ( W~~~ ° w www rn l`lio I ^I '_ mrn v~ ~n ~ Ico z I~o~ ~z~ °~N 'r z ~ ~ ~` ~ cn `° I °~ i7 o n OS'04 OS'SZ i°I Q.rn w ~ ``' ~ z ~,Z m o o v~ \ S I OS SZ OS'0`= ~ o ~- ~ ~, o a ~ w m °¢ w w w / I ~0 ~l~ 0o'z9 \ ~'J I o`' N o°io ~ ro Oa . ui I H~~ :5~6 ~ ~ uwi ° o ~ ~ ° a ~ /* ~ / _ X13 „10,94.00 N l0'Z4'`\ -:~ 66'LS 00'ZS g'~; ~ I $ ~ - _ N , ~ N 4Z'9S ,~1" -- 3 „L0,94.00 N 49'061 O / _ W -~- ~-« 6l'LZ ~ ~ ~0'O6Z 10'46 I 66'601 3 „10,94.00 N w ~ I J,1Nf100 I I ~I m Im ~ 1 Z1'oll sue. ~ blzll~ / ~~ 8L'oti-T, / -- ~ INOlSN(1Hl ~ °' ~ I` I NI v ~oPO sPacNA E) IM W ~\ m ~~ ~~`~~ ~~~ ' ,~ ' fn I ~n 0 I~ NI Q. STORM DRA 106.89 1 Q- v rn\ N c~~o ~ O?Fx //~ .O / ,-. LiJ I J ~ 49'86 I 64"bL ~ 5 13 0 80.32 \~. \ ~`L O 09 / / ~ ', - LLI~V I z~a 3 ,.bI,SZ.00 N I \3,.9~.4Z.ZON 16.SN3 ~ `" \~ ~~ ~\ k6~~0 /1 %~ ~,/ ~~~ // ~'!~ J I NaZ 6Z'LLl \s ~ ~ \ `L65~OO ~~N S 9g.o ~\ ~Oti OS~\ / /~ \ t`VI; ~ O I ^ 3 „4l,SZ.00 N \ 1N \ S $g. a _ - ~ ~ `° ti~ ~ \ ~ ^10 1l ~F'• C3 / / _ _ ~ ~'~) Z I N N I~ ~ \V ,_ ~ S~ O. R 0 ~ f ~ ~__ Z rU I w \S' I "^6'\ 'L'S S ~ ~~ ~ \\G s O --' Z = F- a 3 „bI,SZ.00 N \~c~ J\ ~ \ ~~ ~~ v> ?i O 0~ O `° ~r~ ~ / / _ I a p co \ f \~ ~ o ~ "'! O b A p~ / U lil Z ~ I '~' ° o \~r` J ~ 0 'S F'n ~S ~ N co / . _ . J l 1 J ~ ~ I ¢ £'4'66 ,S~j ~` ~ \O \ O \ ~ ~ O ~ 1~ 00 ~ ,~O ~ ~ ;. ~ ~ I °~ 3 „4l,SZ.00 N S'S~ ~,y0 °o \\o~ S 88g ,L^~ 09 0 / / / OZ ~I wN ro In ~ vm ,yoj~~h~ 0 ~ \zc~ 'h0~ /`\~~ ~ ~`QPGPP// ~°,~ / !/ eVV' ~ U 3 0 ~ 4Z'~L z 66'5 l a6 Off. o ~ . `t! 06'\ L~~° / k1. ~ / ~ - \ J Ll_ ~ - I z c`~v 3 ..b 1,SZ.00 N mss. ~ M ~ ~ d,~ !1'!\!s. ~ ~ ~ `L/ F. / / \ ~OO ~I ,., o`~ ~ 4'Z'68 9c' `°~~~~0 m \~l~x .~`O! C3 ~~,1'S ! ~~~-~ \ ww ~ `- M m I ~ '~ ~ Q ~ 00. a`O 00' ro \ f'~~ fro ! vi Q ~Y rol :~: °~m oo SOS' ~ N ~ „~~ \~OS F~ / ~ ~ -~ jw () z I w ,~ `'' 3i z !' ~ ti \~' ti O G~ ! '. ,' z vi =O I d woo Qaio 9 O a~~o'O •Oi \n F `.// ~J ¢°W ~ I ~ vi Q wzo mcn~ .~ O~ of ~, /U 7 z} Z I z ~ ~ o x ~ ~ / L_,, _ o¢o O O N ~ V ~'~ cp I O 1 ~~.) yN~ W W W ¢ W d.. I O ,n m~ a „~ o .~ x ~ O ~~ -~~ W ~^ N N U w e O na J _ ~F' m °~Q ...\, ti 00. ~ /~ O /~ / _ ~ , ~wvwiN ¢mU ZO I U ~~ ~o 0~0 1 ~- 09 /0 F' ~ / t ' -~' .-- r ^ `V~ W ¢ a o a UU HC9 I ~ ~ z°``~~' ~.' -- '~~~`~~~ / ~~ / - - - ~ --- dNU¢UiomvvUiv ¢ ro O wa - 5 O ~~ ~ - ¢¢gow¢w 3woW LLZ I ~ n ocJn :r• . . Q~. Q / ~ / .'t_ - ._. _::_ ~ W W U U ~ U ~ U'~' i vir Z = 69_SS .~ ~Y ~' / ~ / rr~ - ~ _ _ ~. ~ ~ ~ m ~ rn ~ aMO Iwo O ~ 3 bI,SZ.00~r. ~ Q- of / c~'T ~ -, ~.~ ~_'_ -- ~. N ~ ~ ~ ~ rn ~ rn ~~o Q I ~ ~ ~ \' D.~O~ 1L~%P~e~ / / ~ `~ ~ ~ V r r r r r W~ U m I ~ . ~ '~ qy `L / y~Q'' O ~ a ~ ~ a a a ¢ ¢ w w ~ rn ¢ Z ~F' `-~ o I - ~ ~ ~ 0\0 .5h O \ O ~ _ _ 8L"OS;9Z/ 3 „Zl,L4.00 N z c I N - ~ . ~ O I r ~ _ /~ `'/ do ~/ \\i'','\ ; 31~n ~ / °ww ~ co I rl^ ,/~~~ j •S?n~ \ +r~ Q Q alo ~`- L~• v'o~ ~ ~ ~c~ , 7 > I cno ~ ~`~iPc'a~O ~~ \\i''\,~ m w ~ MIo ~'`~ ~-~ aa~ I ~ ~ >LL ~ I o // 0~ / \ ~\ ~ J•w\ ~ .'~ H ~ wo zI '~ oao. I~ ~ NN c ~ ~ ~ \ Q O d ~~ ~ ~~, ~ m~ z \ O O W ~ Q _ I: ° I d o~n _._ \ VI W a °~ I o ~ O NO \ J ~ °L~ w O Y ~ Q I ~N~ --- ~.. \ @Q~ J ~ AIM ~O~ ~~`w I ° ~ V 'o w I °a~ / \ ~- a arnol.- oQ° o°~ IN mM x ,n ~~'_ ~ \ ~ zl dam a~ Ur a ~cNO L~ r \ ~~ ¢ ~~¢ (60 oa '_ ~ ~ oad _ odd COO c ~w'~ awe J~ o vi S9'4S9Z M „6Z,6~.00 S O M ~" E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: July 9, 2001 To: City of Yelm 105 Yelm Avenue West Yelm, WA. 98597 ATTN: Catherine Carlson City Planner RE: Final Plat comments for Willow Glen Dear Ms. Carlson: We have reviewed the revised plat and lot closures. I have addressed a listing of the final items that should be addressed prior to approval of this subdivision. if you have any questions please don't hesitate to call me at 360-458-2894. Sincerely, ~~~~~u~ i~`~. Eddie True, P.L.S. Final Plat Comments Willow Glenn Sheet one 1) In the dedication all lienholders need to be noted. Sheet two 2) Scalebar should show numerical scale in addition to bar. 2) r Baring or ~ s~~~y .ss r, on me Al ~ o v o .,.,7 rn P~+ Q jL ~.~ -~, , / ~~s7GCC~l7C~-~ ~L~G~I °~ Plat Comments Prairie Wind Estates l ~0~ T~ ,«. wwsNlNaroN FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 TO: Pat Fox DATE: July 11, 2001 Jim Gebhardt FAX #: 491-3857 PAGES: 2 including this cover sheet. FROM: Cathie Carlson Community Development Director SUBJECT: Final Revision for Willow Glen Subdivision COMMENTS: Just a couple more revisions. After these revisions have been done you can print the Mylar's for final signatures. If you have any questions please give me a call at 458-8408. * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 AS SOON AS POSSIBLE. Documentl July 9, 2001 Ms. Catherine Carlson Community Development Director City of Yelm l OS Yelm Avenue West PO Box 479 Yelm, Washington 98597 Re: Set-aside bond/landscaping Dear Cathie: As per our agreement, I am preparing a cash set-aside bond to cover the cost of replacement and/or unfinished landscaping at Willow Glenn. We have thirteen Flowering plum, one Sweetgum and 13 Viburnum that may need to be replaced. In addition, we have 4150 square feet of planter strip area that needs hydro- seeding. The costs are as follows: 13 Flowering Plum 1 Sweetgum 13 Viburnum @ $60.00 = $780.00 @ $65.00 = 65.00 @ $12.50 = 162.50 4150 square feet Hydro-seed @ $ .14 = 631.40 $1,638.90 x 1.5 $2,458.35 We will increase the amount to $3,000.00 to ensure sufficient funds are available. If you have any questions, please do call. Sincerely, Dennis M. Balasico J Manager ~ Yelm Property Development, LLC ~w~~, 21709 96`" Avenue West , _r, ~ Edmonds, WA 98020-3953 (206) 459-0415 'l% ~l~-~ ~SKILLIMGS ~~ONNOLLY Consulting Engineers PO Box 5080, Lacey, WA 98509-5080 (360) 491-3399 FAX (360) 491-3857 .~ TO L~r" ~ C~ ~ScJ~-- LETTER OF TRANSMITTAL DATE _0 r ® JOB NO. ~ O~ ATTENTION (~ RE WE ARE SENDING YOU ^ Attached ^ Under separate cover via the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION /~ X /~ ~~ ""~ •` ~ f c ®t' ~/ L /Y1 .~~ / THESE ARE TRANSMITTED as checked below ^ For approval ^ Approved as submitted ^ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE 20 REMARKS ^ PRINTS RETURNED AFTER LOAN TO US COPY TO ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints SIGNED If enclosures are not as noted, kindly notify us at once. SKILLINGS CONNOLLY July 5, 2001 #00006 City of Yelm PO Box 479 Yelm, WA 98597 Attn: Catherine Carlson RE: Willow Glen Plat Stormwater Operation and Maintenance Plan. Dear Catherine: ~~ ~,, ~~~-s ir. _. Enclosed please find the Stormwater Operation and Maintenance plan for the Willow Glen Plat project. If you have any further questions, please let me know. Sincerely, SKILLINGS-CONNOLLY, INC. Consulting Engin Brian Matthews Project Manager BM:p (G:\project\2000\00006 Wade-Middle Rd\Itr7-5-01bm.doc) Enclosure cc: Denny Balascio CIVIL • TRHNSPORTEiTION • ENVII~ONMENTfiL • CONSTRUCTION PO tiox 5080 Lacy, Washington 98509-5080 360-491-3399 1-800-454-7545 Fax 360-491-3857 E-mail skillings@skillings.com www.skillings.com July 4, 2001 Catherine Carlson, Director, City of Yelm, Community Development PO Box 479 Yelm, WA 98597 Reference: Final Plat letter of July 2, 2001 Dear Cathie: This is in reply to your above referenced letter regarding final plat approval. I will address the items in numerical order. ITEM # 1. Done. See attached ITEM # 2. Done. See attached. ITEM # 3. Done. See attached ITEM # 4. See letter of August 8, 2000, (Conditions of Pre. Plat approval) # 1. Done. Signed off by the sewer department. # 2. Done. Check attached. # 3. See letter to Community Development extending drain field usage until building permits are needed for lots 21 and 22. # 4. Done. Latecomers agreement to be completed after final plat. # 5. Done. Verification attached. # 6. As of this time, we know of no available water rights. # 7. Done. Check attached. # 8. Approved landscaping plans excluded the irrigation system. # 9. Done. #10. Done. See attached. #11. Done. See attached Association Agreement. #12. Done. #13. Done. Waiver of protest completed. # 14. Done. #15. Done. Entire water system approved by Smitty. # 16. Done. # 17. Done. #18. Done. See attached check. #19. Done. See attached Homeowners Association Agreement. #20. Done. Landscaping plan approved, installed and planned for maintenance. #2 L (A) Agreed (B) Done. Agreement signed. #22. Done. Willow Glenn approved. #23. Done. #24. Done. #25. Done. #26. Completed. ITEM # 5. Done. See attached check. ITEM # 6. Done. See attached. ITEM # 7. Done. See attached check. ITEM # 8. Done. See attached. ITEM # 9. Done. See attached. ITEM # 10. (a) Done. (b) Street names have been approved and signs are on order. Pickup date for the signs is July 17, 2001. Tim Peterson has agreed to direct installation. (c) Done (d) Done If you have any questions of comments, please call me at (206) 459-0415. Sincerely, Denny Balascio, Manager Yelm Property Development, LLC 07/03!2001 11:42 FNe Original with DapatNtent of Etlolopy Second Copy • Owner'S Copy 253-B47-9623 TACOMA PUMP&DI2ILLING PAGE 02/02 WATER WELL REPORT Notkaollntent ~ ~i~2q STATE OF WASHINGTON UNIQUE WELL t. D. A Thirtl Copy - Drq)er'a Copy AA ~~ Water glght Permit No. (!) OWNER: Name ~Nv` •7 'iif *~} ~11~ ea ~L. ^r a~~1 ~..~..~ _ (Z) LOCATION OF WELL; County ~~L (2s) STREET ADDRESS OF WELL: (or nearest address) TAX PARCEL NO.: (3) PROPQ$ED USE: d Domestic G Industtial [] MuNClpal ^ ifrigatton ^ Teat Well C} Other D DeWSter {4) TYPE OF WORK: Owner's number of well (if more then one! ^ Neuv Weq Maihod~ q Deepened ^ Dug d Bored ^ Roconditionetl ^ Cade p Driven ~Detptnrtkeaion ^ Rotary q Joked (3) DIMENSIONS: Diameter of weU Drilled ~^teet. Depth of compkled {5) CONSTRUCTION DETAILS Castng (nstaped: © Welded Dlam. rrom k. m __~fL D Llnor Installed Oiam. from h. Cd k. d 71t-aeded Dlam. from k. b h, WM (10) WELL LOG or DECOdIM159WNING PROCEDURE DESCRIPTION Formatbn: DeacNba by cgor, Character, ei¢e of malerisl and struchxe, and the kind and n8tture of the mater~l In eecn stratum penf:tl'atad. with at Isaat ono entry for each oher>Be d Inbtmalion Ir,dlcate aH water encoumared. L MATEg1AL ~ FROM ~ TO 3entrts: ^ Yes D No ^ K-paC Locatbn ManufactUref 5 Name Type MtltlBl No Diem. Slot Siza from h. to k. Dian, Sbt Size _ from _ k. to k, GraVaUF)Iter peeked: ^ Vas G No ^ Stza d gravel/sand Material placed from h, to R. SUffeCa •eah ^ Vgs O No To whet deplh9 R Material used In Seal Did erry strata oonlain uMASable waler9 D Vha ^ No Type of wafers Depth of strata Method of aea6rg strata off (7) PUTAP~ Manufacturer's Name T1/pe: N.P. (tl) WATER LEVELS: Land•SUr1aIge~vdibn ebovp mean Sea level (t, SteMC level r~ k. bebw top Of weN Date D Work Starts ~ ?d ~_. Completed Z '22 ~,. Artesian pressure Ibs, per square Inch Date Artesian water is controlled oY _ _ (Cap, calve, Ate.) {t1) WELI,TESTS: Drawtlown is amount water isuel is bwered below s,enC level Wac a pump test mede9 p Yes D NO If yea, by whom? _ Yrekf~ gal./min. with k. drawdown aker hrs. Yteltl; gel./min. wtlh h. tlrawdown after hrs. Yield: gelJmin. wiM fl. tkewdown Sher hrs. Recovery oats (rime taken ae xero when pump turned ofd (water level measured from weH top to water level) Time Water Level Ttme Wator Level Time Warer Level Date of test ~_ ed/for feet oel./min, with ,___„k. drewdown Aker hrs. A-rtgst ,,,gBt.fmin. whh R, drswdown akx hrs. Artnirr how Q.p,m. Data Temperatrxe of water Wes s chemical artplygls m~a9 O Yea D Alo ECV 050-1-2p (tt/98} ParfonNOns: 11(Ws ^ No Type of perforator used ~ i'~r SIZE of perforaliona in, in DeAora6rma from _fl. to h. WELL CON9TRUCT1oN CERTIFICATION: I conevuCted and/or accept reeponSN7ility br Construction of t1tIS wa6, and qs compliance wkh aH Waghingtan well Conslrudbn Stendarde. Materials used antl ma informatkXl reported above are true b my besf,knowledge and belief. ~ w Print Nam~~~Lkense No.S~~,0 (Lkartsed pr111eNEngineet) Trehee Name q ~p L frnse No. ` 'Drilltrlg Co/mpAny~~ ~., ~lt~~ 1"'~ ~-, (SIfIn~G.a`~~' Lk'enae No, 0'~ tU (Licensed DnitedEnghoaq Address ,~1.KT .a~~j(~+,~J u,~, CoMractor'e .~y~~,,,~, ~~~ p~ Registrati°nNo•,~.~±~F/~)+~ Date ~ D~ (USE ADDITIONAL SHEETS IF NECESSARY} EopWg)r M an Equal Opportuntry end AfArmehve Actlor- empktyer. For apetsal ac~mntodatlon needs, contact the Water Resources Program at (360) 407• Sf300. The 7DD numtxr is (350) 407.5000, E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: July 2, 2001 To: City of Yelm 105 Yelm Avenue West Yelm, WA. 98597 ATTN: Catherine Carlson City Planner RE: Final Plat comments for Willow Glen Dear Ms. Carlson: We have reviewed the plat and lot closures. I will need a current plat certificate ~~ GF.rLT- ~~~~~" to review the le al descri tion and verif correct ownershi lienliolders and WAS, W WwGJ ~ P y P~ SJI~n -'T7~. easements. I have addressed a listing of the items that should be addressed prior to approval of this subdivision. If you have any questions please don't hesitate to call me at 360-458-2894. Sincerely, ~~~ ~ ~ Eddie True, P.L.S. l A Final Plat Comments Willow Glenn 1) Health Officer certificate to be removed. ENE . 2) In the dedication all lienholders need to be noted. 'UDC, 3) County Auditor Certificate should be filed for the ~,~, request of City of Yelm. 4) Under tract notes an easement should be reserved for The City of Yelm for access and maintenance purposes ~'~~.~ for emergency or default. Sheet two 5) Feuce ties should be shown on east line of lots 9, 22 and Tract C. Ot~~7E. 6) Scalebar should show numerical scale in addition to bar. p, SGA(,[. "R,~L ~~ Q„~,~~~ ~uv MEa.~ ~ sc.A, ~~. ~ s ,Jar 7) In legend add address symbol and list city, state and zip code. -~,,,~,~ 8) Lot closures for lots I2 and 13, lots 14 and 15 and lots 17 and 18 ~•~'v1~3~ ~,~ ,~,~f have different linework than the closure that was provided. SJBM!?T~ , Please redo and resubmit closures for described lots. AIA.. COMM~rw1Tf 1k00R~5S~0 V~ E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: July 2. 2001 To: City of Yelm 105 Yelm Avenue West Yelm, WA. 98597 ATTN: Catherine Carlson City P1aiuler RE: Final Plat comments for Willow Glen Dear Ms. Carlson: We have reviewed the plat and lot closures. I will need a current plat certificate to review the legal description and verify correct ownership, lienholders and easements. I have addressed a listing of the items that should be addressed prior to approval of this subdivision. If you have any questions please don't hesitate to call me at 360-458-2894. Sincerely, G~ ~~ ~ ~~ Eddie True, P.L.S. ~~ ~ ~ .~ ~ ~ h r~ ~~ ~ ~~~~ ~1 ,~~ V J~ ~~J Final Plat Comments Willow Glenn Sheet one 1) Health Officer certificate to be removed. 2) In the dedication all liei~holders need to be noted. 3) County Auditor Certificate should be filed for the request of City of Yelm. 4) Under tract notes an easement should be reserved for The City of Yelm for access and maintenance purposes for emergency or default. 5) Fence ties should be shown on east line of lots 9, 22 and Tract C. 6) Scalebar should show numerical scale in addition to bar. 7) In legend add address symbol and list city, state and zip code. 8) Lot closures for lots 12 and 13, lots 14 and 15 and lots 17 and 18 have different linework than the closure that was provided. Please redo and resubmitclosures for described lots. PO t307~ =F79 -105 YELM AVE W YELM WA 98597 (360) 45$-3$35 FAX: (360) 45$-3144 TO: Denny Baiascio FAX #: 458-0584 €~nd (425} 775-7211 FROM: Cathie Carlson Commutnity Development Director SUBJECT: COMMENTS: Y have received a copy of your agreement with the School District, but there are still a number of items which need enmpletion. I fated Brian tt copy this afternoon - so please coordinate 'with him on who's doing what. As you can see by the drop dead date we are running out of time. Give me a call if you have any questions. DATE: JULY 2, 2041 PAGES: 3 including this cover sheet. '~ * 1CF YOU DO 1VOT RECEI'V~ AY.Y. COt'YirS, UYt ANY CUT''Y' T.5 NUT LEGT~T.E, PLEAS)w CALL. (364) 4~8-3835 AS saaN A5 possxlBl(.tE. Documen[1 *:*~s~*~~~ -bb G£ 89b 09£ - ~~~ - A3a WWO~ Wl3A- ***~s~~~~s**~***~s*:*z*~**~s*~x~~~x~~xx~**~~*~~a:~~~~~~~xs~~~ - A34 WWO~-W33A 30 All~- i~:oa:oo £00/£00 99~00~00 £00/£00 uoi}ean4 sated ~lZL8~i5ZbL6 b89089b6 'oN lal / aweN uo!~elS ~0 Z00 ~o ~Oo 'oN d88d wwo~ 'oN uiS ZZ~9l ZO-!~f ~ Pu3 bZ~9G ZO-Inf ~ ~ae~S ~9£ ~ 'oN al!3 uo!ss!wsueal /~aowaW 340W *s GO abed ~**~~~*~~ ZZ~9~ 3W11 ~:~~ ~OOZ-ZO-Inf 31b0 ~~*zx~~*~ax~xas***~*~s*~~~~~~**~:~xx~~ - ltlN~flOf 'WWO~ - *s***~~x:~ .~,~ COlYIMC7NITY DEVELOpNIENT DEEARTMENT PQ SQX 479 - lOS YELM A'VE W YELM WA 98597 (3b0) 458-3835 FAX: (360) 458-3I44 TO: Brain Mathews DATE: JULY ~, 20U1. FAX #: 4~1-3857 FADES: ~ including this cover sheet. FROM: Cathie Carlson Community Development T)irector SLFSJECT: COMMENTS: T'm going to try and hand delivex this to Denny today and Yax him a copy. As you can see by the drag dead date we are running ont of time. Give me a Ball if you have any questions. ** IF'YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LGGffiLE, PLEASE CALL (360) 4SS-38~S A5 SOON AS P055IBLE. DOCUTRCAtl ****a~~sss -bb G£ 85b 09£ - ~~* - A3a WW00 Wl3A- ***~~~~~~~x****~*~~ss~~~x*******$~~x~~:**~~**~~~~~~~*~~~~~x~s~ - A30 WW00-Wl3A 30 Alla- 95~00~00 £00/£00 L58£~6b6 }10 X00 uo!~ean4 sated 'oN lal / aweN uo!~e~S 'oN ~88d 'wwo0 •oN ukS 80 91 ZO-Inf ~ pu3 90:9G ZO-Inf ~ }a~~S 8~£ ~ 'oN a I ! 3 uo!ss!wsueal ,taomaW 340W ** ~0 aged a~~x~$*~~ 80~9~ 3W11 **** ~OOZ-ZO-I~f 31d4 ~~~****~~~xs~s~***~***~*s~~*st****$*~~~~ - ldN~flOf' ~"IW00 - ~~***~sa~~ ~•°~ ~~ • I MAiMINOTON FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 TO: Brain Mathews FAX #: 491-3857 FROM: Cathie Carlson Community Development Director SUBJECT: COMMENTS: DATE: JULY 2, 2001 PAGES: 3, including this cover sheet. I'm going to try and hand deliver this to Denny today and fax him a copy. As you can see by the drop dead date we are running out of time. Give me a call if you have any questions. * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 AS SOON AS POSSIBLE. Documentl ~p4 tHF A~Q I1.,4 ~ ~~ YELM WASHINOT ON July 2, 2001 Mr. Brian Matthews Skillings Connelly, Inc. PO Box 5080 Lacey, WA 98509 Re: Final Plat fior Willow Glen Dear Mr. Matthews: '~ o w ~ tt~,c~~' A-M P~6»-EE -'ti CST F~ i2. S p '^~ ~ TN Nora E o ~. n~ Crc s A-s S ~ There are still a number of items which need to be completed for the City to complete its review of the Willow Glen Final Plat. The following items must be completed to the City's satisfaction by July 9, 2001 for the project to be reviewed by the Planning Commission on July 16, 2001. Failure to comply with the following list by July 9, 2001 will necessitate rescheduling the planning commission review until August 20 and City Council review on September 12, 2001. A completed Stormwater Operation and Maintenance plan must be submitted for review and approval by the City of Yelm. .~ Documentation that the on-site well has been abandoned to DOE standards. A Homeowners Agreement to include the bylaws of the Homeowners Association and provisions for the assessment of flees against individual lots for the maintenance and repair of the stormwater facilities. Verification that all conditions of preliminary plat approval have been met. An acceptable way to verify the conditions have been satisfied is to take the condition of approval letter and add an explanation or statement under each condition on how it was addressed and/or satisfied. After inspection of the constructed plat, it does not appear that the stormwater areas can also be used to meet the requirements of the Open Space Ordinance. The applicant shall pay a fee in-lieu of providing open space at a rate of .77¢ per square foot of required open space. The project is required to provide open space for Lot 1 of Short Plat 97-8187-YL and five percent of the total project site. Five percent (5%) of the area for Lot 1 is 598 sq ft and five percent (5%) of the area for Lot 3 is 7531 sq ft for a total of 8129 sq ft in open space. The open space fee is $6,259.33. City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 A signed Warranty Agreement for the infrastructure improvements must be submitted to the City for review and approval. /77:' Payment of the water and sewer latecomer fees for a total of $4867.00. A current Plat Certificate must be submitted. G `' 9. Please submit a "Letter of Credit and Assignment" to cover one and one-half ~~'~~ ~f+~r times the cost of incomplete or replacement costs for the landscaping improvements. 10. e following Punch List items must be complete: ~~~~,~,~ A. The mailbox cluster needs to be installed. The location needs to be ~r1~ I . ,. approved by the City of Yelm Postmaster. Please have the postmaster ( ,~ ~Jk'-~ may, delineate his desired location on a plan with his signature and submit it to ~.~ . y G,L ,~~~~~i`~G~~the Community Development Office before installation. ~ '~ ` B. ' Roadway signage needs to be installed. This includes stop signs and street name signs. ontact the Ci of Yelm buildin official for street tY 9 name approval. ,~y~. ~' ~~_ / "~{ L' /~ /'>r~,~L (~. ~`'- / l c ~ ti--~ `! ~, I ` ~ C~ Per the City of Yelm Development Guidelines, concrete pads must be ,~~i~;~;~ poured around all main line valves and end of line clean-outs. ~:' Toning wire must be placed along with all piping and stub-outs from the valve boxes. No toning wire could be found on the stub-out on lot 13. The City's review of the lot closures and the final plat map will be completed on July 3, 2001. Corrections will be forwarded to you immediately. As a reminder, a roof down spout system is required for each home. Please see sheet C10 of 20 in your civil engineering set for the design. We will not require this on your model home due to the completion of the landscaping. 0 If you have any questions please contact me at 458-8408. Sincerely, ~lc:t~ l ~~~~- Catherine Carlson Community Development Director cc: Denny Balascio e After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: City of Yelm, Case #SUB-O1-8285-YL Grantor: 1. Yelm Property Development, L.L.C. Grantee: 1. Yelm Community Schools District No. 2 Legal Description: A portion of the NE1/4 of the SEl/4 of Sec. 10, T17N, R2E,WM, being a portion of block 35 of McKenna Irrigated Tracts Vol. 9, Pg. 43 Assessor's Property Tax Parcel Number/Account Number: 643035005004, 64303500400 THIS MITIGATION AGREEMENT ("Agreement") is made this 27 of 2001, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Wash' gton (the "District") and Yelm Property Development (the "Developer"). RECITALS A. The Developer has submitted an application to Thurston County for the construction of a 22 lot subdivision "Willow Glenn" along Middle Rd. SE. Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT 3362785 Pa~e~ 1 of ;; 0?.'@~~~@@1 @3~46A YELM COMMUNITI' SCHOOL:, h1GR $1@.@@ Thurston Ca, WA NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: One Thousand Four Hundred Twenty Five Dollars ($1,425.00) for each lot in the subdivision or the total sum of Thirty One Thousand Three Hundred Fifty dollars ($31,350.00) (the "Mitigation Payment") for the 22 lots of the subdivision. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding 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 ($1,425.00) per lot or Thirty One Thousand Three Hundred Fifty dollars ($31,350.00) for the project, shall be a condition of building permit issuance and shall be made prior 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 individuals, the Developer will be responsible for notifying the buyer of this mitigation agreement and will notify the District of the sale, providing the name and address of the new buyer. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest 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 interest. 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 refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District 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 District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, 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 in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. 3362785 Fa~e~ ~ of 3 0~10~,'~661 08 ~ 4fihi YFI M CiIMMIINiTV Sf.HIIOLS AGa ~IA.NN Tf7urstan Ca, WA EXHIBIT A LEGAL DESCRIPTION General Location 16337 Cascadian Ave. SE Section 19 Township 17N Range 2E Land Area NA Tax Parcel Number: 64303500504, 64303500400 Description: Subdivision of 22 single famil~uildi YELM COM~~!MUNITY SCHOOLS DISTRICT NO. 2 DATED: V " ~ 7 - D ~ ~ ~-•._ ~~ ~~ By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument: GIVEN under my hand and official seal this ~_ day of ~~ , 2001 ~Y ~4° ti ~ ~ ~ • _~ NOTAR PUB' C in and fo • the Stat _of "~ '~\ ~1r ~ ~ ~ Washington, r siding a Y~-- ". ° ~ ~ u ~ ~ ~'~ "' - My Commission Expires: .:, a. ":,~y~d',~SN,~' ,tr~`,n ~~tae.' ~a~. ~ < < /~-~ DATED: ~ _ ~7- 2 0O 1 ~ ~ --(Jc1c.~'nti.0 Gc~i 11~'ILWIli~R,i. -------- ---------- By: Dennis Balascio Its ~n ~a ~~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Dennis Balascio 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 applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~~Z day of ~ ,[~-r.-L , 2001 NOTA Y P~LIC in and f r the State of ',°e~~~'~'`,,~~:~~~'9~~_ ,~ .,,.., Washingtonvvresidmg a ~~i?~'r--' ~~ ' ~ ~~~, ~. ®:? ~,~ '~ My Commission Expires: .~ ~ ~n -~ g,~, - •SS',~ ~~t~~ [338627~j85[~ ,~~~~RI!)I l~t i,+t lt`.j4'+ Fage' ~ ~~I d~~e~~~eal 08~4fiR YFI M CiiMMIINiTY SCHOOLS RCR ~10.R0 Thurston Co. WR MEMORANDUM Date: June 20, 2001 To: City of Yelm Attention: CATHIE CARLSON From: Nancy Richards Subject: WILLOW GLENN ® I do not have comments about this project and approve it as submitted. Signature: o - SS~ ~ (0 3 S 7' ^ My comments are as follows: ^ Please put acreage or square feet on each lot. ^ Situs address needed, including city and zip code. ^ Only Final Projects are reviewed. Preliminary Proposal is premature. ^ Lot closure needed prior to recording. ^ Map is unacceptable. Standard, full-size blueline map required. ^ Please inform the applicant that deed(s) will need to be recorded between parties for portion(s) being conveyed. ^ Parcels are under the Open Space/Forest Tax Program. Prior to recording, please have the applicant/owner contact a Customer Service Appraiser in the Assessor's Office at (360) 786-5410. ^ Please inform the applicant that taxes must be current. There are delinquent taxes on Parcel # ^ Other: Thank you. w OF ?HF p~°~ 9' Ci o Yel~~ a ~M RECEIVED 105 Yelm Avenue West ,J (lj N ~ ~9 2~d1 YELM P•O. Box 479 WASNINOTON Yelm, Washington 98597 TC /-1S S ES S O R (360) 458-3244 _ DEVELOPMENT REVIEW -COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-3835 DATE: June 12, 2001 APPLICANT: Yelm Property Development CASE NUMBER: SU8-01-8285-YL PROJECT LOCATION: 16422 Middle Road, between Railway Road and 100' Way SE PROJECT SUMMARY: Final Plat Approval The enclosed project information is for our review. Please provide written comments or recommendations to Cathie Carlson by Frida June 29 2001 . Your comments will become part of the record and utilized in the decision-making process by sta , anning ommission 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 Adjustment Mobile Home Park 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 Propert/ Owners X Thurston Couni,/ CapCom X US Post Office - Yelm Thurston County Environmental Health Department of Ecology Olympic Air Pollution Control Authority X Yelm Chamber of Commerce `,~JA Dept. Fish & Wildlife -Jim Frasier X Applicant's Eneineer and(er Sur`ieyor NisGually Indian Tribe X Applicant C'Commundy Developmen,.Prnj~d riles`SUB Full Plat Subdin,ion'8?_n5 `P/dlow vlen'~3225 Di;Uibution.~~~pd ,. ~ s~ YELM COMMUNITY SCHOOLS Where all students can learn and gro-v Erling Birkland Director of Facilities June 19, 2001 Ms. Catherine Carlson City Planner City of Yelm P. O. Box 479 Yelm. Washington 98597 RE: Willow Glenn SUB-O1-8285-YL Dear Ms. Carlson: Yelm Community Schools requires Mitigation Agreements for sub-divisions of five or more building sites. Please include the Mitigation provision as part of the SEPA requirements. Should you have any questions please call me at 458-6128. Sincerely, ,i`~ ~~'. E 'r an acilities Director Yelm Community Schools YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOWS TITLE IX REQUIREMENTS 404 Yelm Avenue West, P. O. Box 476, Yelm, Washington 98597, (360) 458-6128, FAX (360) 458-6434 June 14, 2001 From: Bryan and Sandra Myers Address: 16415 Middle Road, SE Yelm, WA 98597 Subject: Earthen property barrier To: Jim Gibson, Development Engineer At: City of Yelm Dear Mr. Gibson: We asked the developers across the street from us to please leave the material on our property that was excavated when the water line was installed. This has been contoured to our specifications by the developer, Yelm Property Development, LLC. We not only authorized the deposit of these materials, but are actively seeking additional dirt to extend the barrier further toward our driveway. If you have any questions, please feel free to call us at (360) 458-7952. Thank you, U ~ 6 l~ ©/ '~-~~ ry~ Sandra J. Myers • CITY OF YELM APPLICATION TO SEGREGATE LID ASSESSMENT PLEASE COMPLETE AND City of Yelm, Planning Department RETURN THIS FORM T0: 105 Yelm Ave W; Yelm, WA 98597 Property Owner: ~°/r7'1 /'o r~. ~~~~i(,^E'.~v,~l'~C,YZ- L 1 C_ ~ ~ Mailing Address: ~ / 7 b 9 ~ l~ ~ ~-~,~ . dal City, State & Zip: ~c~mc~rJC~ ~ ~~~ /~ ~~~~~ Telephone: (~f ~5 ) 7 7~- 7 2 J~ A~'t~al Parcels (Tax Parcel No. Assessment Amount ~ ~~ 3 ~ L'C~ L~~ ~ Cj. L~ ~, 3 0 New Parcel Descri tion Number of ERUs ~ C , ~S i C'~~ 7c ' ~ ' -LL (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 § 35.44.410 of the Revised Code of Washington. - ~ Applicant (please print) Signature Date d~~17J) ~~ 1Vt ~/~ Li11SC'~ L' ~' fh -~V ~' :.v C.c%t ,l~CLa~Cc ~~ 6 / 3 ~'l ASSESSMENT SEGREGATION FEE A segregation fee is due per §35.44.410 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 S25 for each parcel over 10 parcels. Please include payment with this completed form. Questions maybe directed to Public Finance at (425) 885-1604. CITY USE: RECEIPT # ~ > ~C~ DATE ~l 3 /~/ B`( ~ ~! ~ . \ LF y _ - ~ 1. ip ~\ n - _- - r ,-,, - : w ~ t ? ..- - - ~ _= dDo ~~ - ~ q .. _ U ~ C _ _ - '_ "_ _- _ ? 6 O ,~ s _. cJ - D -' _ - .6 i ~ , ~ _ - m - ~ 5 _ __ =_ _ _ - ~ n .: = a - . - _, z - _ v - - - i ;o ~ ,. -- -- > - - r, C Z ~ ra -- - _-: 't'"` ;.i -- r .^~ `>;-d - Ti !'tii C e Y 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 against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against 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 determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries 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 being 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 seeking it pay the city or town the reasonable engineering and clerical. costs incident to making the segregation. No segregation need be made if the legislative authority 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 district obligations payable from such assessment. [ 1969 ex.s. c 258 ~ 10. ~ ~~_.F.CEIVED Memo JuN i 5 200 To: Cathie Carlson, Yelm Planning Dept. Director y; Frone Kevin M. McFarland ~`"' CC: Date: 06/13/01 R« Middle Road Plan Landscape and Street Tree Plan Evaluation Upon your request, I conducted a landscape and street tree evaluation on the Middle Road Plat, Wednesday, June 13, 2001. Purpose The purpose of the landscape and street tree evaluation is to determine landscape code compliance, plan implementation, plant material type, size, condition and accuracy. Findin s The provided Landscape and Street Tree Plan (approved date 4/4/01) presents the type of trees and shrubs their size and numbers within the Planting Schedule. The following has been taken from the Landscape and Street Tree Plan: 16 Prunus Cerasifera `Thundercloud' Flowering Plum 1.25" Caliper 26 Liquidambar Styraciflua `Moraine' Sweetgum 1.75" Caliper 12 Pyrus Calleryana `Glens Form' Chanticleer Pear 1.75 Caliper 14 Pinus Nigra Austrian Pine 5~' HT 34 Viburnum Burkwoodii Burkwood Viburnum 3 gallon, 24'-30' Min. I identified the following at the site: 16 Flowering Plum 1.75" Caliper (13 of the 16 trees are dead) 27 Upright European Hornbeam 1.5" Caliper (1 tree is dead) No Chanticleer Pear were planted along the street 19 Burkwood Viburnum 24"-30" in height (13 shrubs were dead) 13 Austrian Pine (The site count is one tree short of the presented site plans plant schedule) • Page 1 City of Yelm Middle Road Plan Landscape and Street Tree Plan Evaluation Standards for considering a plant dead: 1. Stems or Branches are dry and not pliable to the touch. 2. Stems or Branches have sunken bark. 3. Cambium or wood beneath the bark (trunk or branch areas) does not contain a green appearance. 4. Leaf buds are dry and brown. 5. Leaves are brown, abnormally curled and dry. 6. '/. of the tree or shrub's canopy is dead. Summary I identified 13 Dead Thundercloud Plum Trees, 27 Upright Hornbeam trees were planted instead of Sweetgum trees. One of the Upright Hornbeam is dead. The plan showed 34 Burkwood Viburnum to be planted and I identified 19 viburnum planted. Of the 19 planted shrubs, 13 of them were dead. None of the ChantiGeer Peartrees were planted along the street. One Austrian Pine short of the 14 presented in the plan. Please reference the attached site plan containing red ink edits. • Page 2 .~ Memo To: Cathie Carlson, Yelm Planning Dept. Director From: Kevin M. McFarland CC: Date: 06/14/2001 Re: Middle Road Plan Landscape and Street Tree Plan Evaluation Upon your request, I conducted a landscape and street tree evaluation on the Middle Road Plat, Wednesday, June 13, 2001. Purpose .The purpose of the landscape and street tree evaluation is to determine landscape code compliance, plan implementation, plant material type, size, condition and accuracy. Findings The provided Landscape and Street Tree Plan (approved date 4/4/01) presents the type of trees and shrubs their size and numbers within the Planting Schedule. The following has been taken from the Landscape and Street Tree Plan: 16 Prunus Cerasifera `Thundercloud' Flowering Plum 1.25" Caliper 26 Liquidambar Styraciflua `Moraine' Sweetgum 1.75" Caliper 12 Pyrus Calleryana `Glens Form' Chanticleer Pear 1.75 Caliper 14 Pinus Nigra Austrian Pine 5-6' HT 34 Viburnum Burkwoodii Burkwood Viburnum 3 gallon, 24'-30' Min. I identified the following at the site: 16 Flowering Plum 1.75" Caliper (13 of the 16 trees are dead) 27 Upright European Hornbeam 1.5" Caliper (1 tree is dead) No Chanticleer Pear were planted along the street. 19 Burlcwood Viburnum 24"-30" in height (13 shrubs were dead) 13 Austrian Pine (The site count is one tree short of the presented site plans plant schedule) City of Yelm • Page 1 Middle Road Plan Landscape and Street Tree Plan Evaluation Standards for considering a plant dead: 1. Stems or Branches are dry and not pliable to the touch. 2. Stems or Branches have sunken bark. 3. Cambium or wood beneath the bark (trunk or branch areas) does not contain a green appearance. 4. Leaf buds are dry and brown. 5. Leaves are brown, abnormally curled and dry. 6. 3/4 of the tree or shrub's canopy is dead. Summary I identified 13 Dead Thundercloud Plum Trees, 27 Upright Hornbeam trees were planted instead of Sweetgum trees. One of the Upright Hornbeam is dead. The plan showed 34 Burkwood Viburnum to be planted and I identified 19 viburnum planted. Of the 19 planted shrubs, 13 of them were dead. None of the Chanticleer Pear trees were planted along the street. One Austrian Pine short of the 14 presented in the plan. Please reference the attached site plan containing red ink edits • Page 2 I/ ~~ THE p~~ ~~ ~~ YELM WASHINGTON June 12, 2001 Mr. Brian Matthews Skillings Connelly, Inc, PO Box 5080 Lacey, WA 98509 Re: Final Plat for Willow Glen City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 i(,t~ti` Dear Mr. Ma ws: The City of Yelm has reviewed the application packet for the above referenced project. There are a few items which are required to complete the review of the application: A signed Warranty Agreement for the infrastructure improvements. I have enclosed a sample for your reference. 2. A Homeowners Agreement to include the bylaws of the Homeowners Association and provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. 3. A Storm Water Operation and Maintenance Plan. 4. A signed and notarized Agreement Waiver of Protest and Special Power of Attorney by all who are listed on the Title Insurance Policy as having an interest in the property. I have enclosed the Agreement, Waiver of Protest and Special Power of Attorney, please review the legal description on page 1 to ensure it is correct. Verification that all conditions of preliminary plat approval have been met. An acceptable way to verify the conditions have been satisfied is to take the condition of approval letter and add an explanation or statement under each condition on how it was addressed and/or satisfied. 6. Please submitted a current Plat Cer{ificate from a Title Company. The Plat Certificate can not have been issued more than 6 months ago. The Commitment of Title Insurance submitted with the final plat application is dated September 25, 2000. If you have any questions please contact me at 458-8408. Sincerely, ~ 3 Catherine Carlson Community Development Director cc: Jim Gibson file r, ,,. ~ _ ,,,..~ INSTRUCTIONS FOR PAGE 3, SIGNATURES The signature sheets distributed to individuals must contain all the names which are required to sign. Prior to distribution cf the signature sheet please print each name requiring a signature under a signature line, indicating where they should sign. All signatures must be notarized. This ensures that all the signature pages are exactly the same and the people signing are aware of who else is agreeing to the deferral of frontage improvements. Please remember the Agreement, Waiver of Protest and Special Power of Attorney must be fully executed and returned to the City prior to the decision makers reviewing your plat for compliance with City regulations. AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/U LI D/LATECOMER) THIS INSTRUMENT is entered into this day of , 2001, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: LOT 3 OF THURSTON COUNTY SHORT SUBDIVISION NO. SS978187YL AS RECORDED SEPTEMBER 16, 1997 UNDER AUDITORS FILE N0. 3109448. ALSO, LOT A OF BLA- 0309, RECORDED OCTOBER 25, 1985 UNDER AUDITOR'S FILE NO 8510250041, RECORDS OF THURSTON COUNTY, WASHINGTON and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: Sanitary sewer system improvements; Water system improvements; X Storm water system improvements; X Street improvements; X Street lighting improvements; X Sidewalk improvements; Other CITY OF YELM ds\c:loffice\plandept.cc\agreemnt.lid Page 1 which improvements are more specifically described as follows: Half street improvements along the property frontage on Middle Road. Improvements will comply with Neighborhood Collector Street Standard. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described herein above, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described herein above, to execute a Petition on behalf of the OWNER for the creation so such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. 5. If the OWNER fails to perform in good faith in accordance with this Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies. 6. The OWNER hereby declares that are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. CITY OF YELM ds\c:\officelplandept.cclagreemnt.lid Page 2 IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written. OWNER(s) OWNER(s) CITY OF YELM By: City Administrator STATE OF WASHINGTON ) COUNTY OF ss. On this day of , 20 ,personally appeared before me to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. Notary Public in and for the State of Washington, residing at My commission expires: CITY OF YELM ds\c:\o~celplandept.cc\agreemnt.lid Page 3 WARRANTY AGREEMENT KNOW ALL LIEN BY THESE PRESENTS: That WHEREAS Rainier General Development, Inc., (hereinafter referred to as the "Otivner"), has applied to the City of Y elm, a political subdivision of Thurston Count of the State of Washington, (hereinafter referred to as the "City) for the approval by the City of a certain plat of a subdivision to be known as Prairie Wind Estates, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest ofpublic tivelfare that the areas so offered to be dedicated to be constructed in accordance with the specifications hereinafter set forth; and WHEREAS, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW THEREFORE, to induce the City to approve said plat and fo accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of twelve (12) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of the foregoing Warranty and without limiting the City's remedies for breach of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said streets, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify the City, upon completion of such construction, the i nal total cost to the Citv thereof, including but not limited to, engineering. legal and contingent costs together with any damages, either direct or consequential. ~L~hich the City ma;~ sustain on account of the failure of the O~~~ner to carry out and execute all of the pro~'isions of this agreement. IIIY~iIP~IU!Y~II~II~IdIIhWllhll!~~IIIiIIiIIIIV -X60 , 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part to this agreement without prior written consent of the City. Do ~ R. Bloom ~~~ Pre ' ent, RGD, Inc. STATE OF WASHINGTON ) Ss. COUNTY OF THURSTON ) THIS IS TO CERTIFY that on this ~`~~ ~ day of ~ ~C~--~-~, 20 ~%t before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned, sworn and qualified, personally came Douglas R. Bloom known to~be the individual described in and who executed the within and foregoing. Warranty Agreement, and acknowledged to me that he, signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL the day and year first above written. NOTARY PUBL~C in and $or the State of Washington, resrding at OQ.,~ ~; :.... . c.SIG:v r_ ~. ~ : • ~\.i r.C. ;'o NOTAR ~- ~=~ U -~-- ~ . PU8L1G ~ _ J ~ ~ ~ ~7 . / ~' ~' ~ "''p ' ,. :'~' ~10TAR Y n . J .....~ ~ i °, :, PUBLIG r ~ ~-~' w~S~`.r ~~~~~~~ 3352960 Pa~je: ,..r~N,rl`l~ F'AiFIIE? GEPIERAL DEVELOFl1E Rr,--F~ S1`~ `1f~ T~~~,r~`.cn r:. I/ ~~ THE p~Q~ a~ ~_ Cl o Yeljn 4 n+ 105 Yelm Avenue West YELM P.O. Box 479 WASHIN~TCN Yelm, Washington 98597 (360) 458-3244 ~' DEVELOPMENT REVIEW -COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-3835 DATE: June 12, 2001 APPLICANT: Yelm Property Development CASE NUMBER: SUB-01-8285-YL PROJECT LOCATION: 16422 Middle Road, between Railway Road and 100' Way SE PROJECT SUMMARY: Final Plat Approval The enclosed project information is for our review. Please provide written comments or recommendations to Cathie Carlson by Frida June 29 2001 . Your comments will become part of the record and utilized in the decision-making process by sta anning ommission or City Council. TYPE OF APPLICATION: PROPOSED Site Pfan 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 Adjustment Mobile Home Park T0: 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 f/A Dept. Fish & Wildlife -Jim Frasier X Applicant's Engineer andicr Sunieycr NisGually Indian Tribe X Applicant C'Commurnh/ ~eveiocmen:~Projcct Fdes`SUB r=uil Plat Subc;ivisi~n~8235 N/dlow GIFn$285 Di ,Irihution.~~ipd Washington State Department of Printing 360-753-6820. 360-586-8444 fax • www.wa.gov/prl Department of Printing Provides Peace of Mind -~s;~~ ~~l c~2 ~ b Jd ~~~ ~~- ~ -- ~~~ ~~,0 ~ `~~~k~ ~sKi«in~s ~conno«Y Consulting Engineers PO Box 5080, Lacey, WA 98509-5080 (360) 491-3399 FAX (360) 491-3857 To ~ ITS l D ~ ~~~N lOS ~/Ecri,~Jt GJ WE ARE SENDING YOU ~Qttached ^ Under separate cover via the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION IUE Ilhe. CD ~ tn~ACr 1 ~~ O~f" 5~1(.~ Z. LD- ~co u G~47t'ro% ~' 'T ~ = Nsu/t~nG THESE ARE TRANSMITTED as checked below ^ For approval ^ Approved as submitted ^ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE REMARKS 20 ^ PRINTS RETURNED AFTER LOAN TO US COPY TO y~rl~ 1~,~5clo /~ SIGNED 1~-- LETTER OF TRANSMITTAL DATE ~ ~ ~ JOB NO. h~~ (/~J ATTENTION ^~7 '/~ /~ _ `~ (J (~ RE /' ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints If enclosures are not as noted, kindly notify us at once. ~pF THE p6- Ian 9~ ~l o Yelm 4 M a:; 105 Yelm Avenue West YELM ~ P.O. Box 479 WAaHINOTON Yelm, Washington 98597 (360) 458-3244 June 6, 2001 Mr. Dennis Balascio Yelm Development, LLC 21709 96th Ave W. Edmonds, WA 98020 Re: Middle Road Subdivision, SUB-00-8252-YL- Construction Punchlist Dear Mr. Balascio: On June 4, 2001 Tim Peterson and I did a walk through on the above reference construction site. The following is a list of comments that need to be addressed before final plat can be approved. Due to the condition of the construction site this may not be a complete or final list of comments. Landscaping and Street Trees: 1. All street trees and landscaping plantings will be reviewed and inspected by a consultant of the City of Yelm. Their review and comments will be forwarded to you. Storm Drainage System: 2. All catchbasin grates need to be pulled and the excess concrete and asphalt need to be removed from the catchbasin rims. 3. All catchbasins need to have the sediment and construction debris removed from the sumps. 4. All storm pond monitoring ports need to be cleaned out. It appears that soil and rocks have been placed in same of them. 5. All monitoring ports need to be modified to terminate at finish grade. Roadway and Grading: 6. The back of the sidewalks need to be filled up to the top of the walk. This fill needs to extend at least one foot horizontally behind tie sidewalk. 7. The end of Phase 1 sidewalk needs to have a transition back to the roadway. Possible options include an asphalt ramp or crushed rock ramp. 8. All cast in place monuments must be placed in the roadway, by the surveyor of record, before final plat can be issued. 9. The mailbox cluster needs to be installed. The location needs to be approved by the City of Yelm Postmaster. Please have the postmaster delineate his desired location on a plan with his signature and submit it to the Community Development Office before installation. 10. The final lot grading tloes not appear to match what was shown on the final asbuilts submitted to the Public Works department. What is your intentions for the final grading of the lots? If you are planning to export the extra material on the lots where is this material going? 11. In portions of the fill on the lots there is roadway asphalt mixed with the fill. The asphalt material is considered unacceptable fill and needs to be removed. 12. The street lights mounting bolts should be verified for proper torque on the bolts. It appears Page 1 of 2 that some of the lock washers are not tight. The street light basis also need to be grouted. 13. Both sides of Middle Road right-of-way along your frontage need to be cleaned up. Remove the rocks, regrade to provide some storm drainage runoff away from the road, provide a smooth walking area for pedestrians between your sidewalk ends. 14. Roadway signage needs to be installed. This includes stop signs and street name signs. Contact the City of Yelm building official for street name approval. 15. Provide written permission from the landowner, opposite your project on Middle Road, that the stockpiled excess material on their property meets with their approval. 16. All storm drainage, open space tracts and roadway landscape planter strips need to have the rocks and boulders removed, top soil placed and either hydroseeded of sod planted. The landscape plan has the specific requirements for these areas. 17. The storm drainage facilities have slopes that appear steeper then the civil plans specify. These slopes need to meet plan specifications and be dressed up accordingly. Water: 18. The water service for lots 12 and 13 is not located on the property corner. Please relocate the services or provide an easement for maintenance of these services. 19. The water service for lots 14 and 15 is not located on the property corner. Please relocate the services or provide an easement for maintenance of these services. 20. The water service for lot 17 is located in Tract B. Please relocate the service or provide an easement for maintenance of this service. 21. The irrigation meter at Middle St. and Littleton St has no water valve installed and either the meter box is not installed or covered up with soil. 22. The irrigation meter at Littleton St and Tract B is not installed. A water meter, setter and box is required. 23. Welch St. has three water services to the east side of the road. Do these services have water connected to them? Sewer: 24. Per the City of Yelm Development Guidelines, concrete pads must be poured around all main line valves and end of line clean-outs. 25. Toning wire must be placed along with all piping and stub-outs from the valve boxes. No toning wire could be found on the stub-out on lot 13. If you have any questions or if I can be of further assistance please contact me at (360) 458-8438. Sincerely, J Gibson Development Engineer cc: Brian Matthew, Skillings-Connolly, Inc. Shelly Badger Stephanie Conners Tim Peterson Gary Carlson File Page 2 of 2 CONSTRUCTION OF INDIVIDUAL ASSOCaAlluiv,. ~v. ~nuR.~~~+~ DRYWELLS .WILL BE REQUIRED RESPEC SA NCILUDING SAND,.:~I \ DURING. BUILDING PERMIT CONSTRUCTION USE BY THE E \ PHASE ON EACH LOT `\ \ SEE ROOF DOWNSPOUT DETAIL ~ (SHEET 10) 2. QUAUF~IED U ENSED ISURVEYOF \ IS RESPONSIBLE FOR SCHEDULI ~ ~ 10' UTILITY EASEMENT (TYP) 3. ~NDERTAKENEDUR NG CONSTRUI CONSTRUCTED FACILITIES OR A0 h \ \ 4. PRIOR TO ANY ON SITE IMPROVE ~h• ~ ~ OR IMPROVEMENTS TO EXISTING ~ _ PR M SNDEVELOPMENTO ANDEUTILII \ YEL ~h ~~~x /~ `;S~ \ THE DEVELOPER AND HIS/HER CG 'S Op ~ ~Op BE IN ATTENDANCE. \ S ~~ ~ 5. IF WATER OR OTHER UTILITIES ARE \ \ ~ pp• ' T ~ \ CONSTRUCTED IN THE YELM RIGHT ~ ~ `~S mss" S ~ \ SHALL SECURE THE NECESSARY PE ~O p~' ~ UTILITIES INSPECTOR PRIOR TO C0~ \ p ~~ ~ ~ \ \ `~ \ ~..oo -- ----- - -- - ~ \ 55.00__ , \ ~ _. _ -- _. ___ _ ~L ~ \ 33+40.10 BOULDER ST . t 1 AC °0 2rxp ~ 20+55.53 WELCH ST ~, ~~ ~ \ ~ ~ \ NOTE: CONTRACTOR .h°' 43.50 \ ~ SYSTEMS FROM CONSI ''`~ ~ L: 19.63 ~ ~ \ RUNOFF. IN ADDITION, ,~~, ~ \ INLET PROTECTION ON rho R:12.5' ti10N GRAVEL FILTER DETAIL fi , U`~ ~~ 16 ~ . ~ ~,~ ~~ oo _ ~~ 0.1 1 AC ~ '~ 56.24 ~ . / 0 ~~p / h~o' ~ '~ ,, ~h~ ~ j 1 ~ h ~~ ~~ 7.86 ~ / ~ / ~ \ ~ i / ~ ~~ / ~ R: 20' APPROVED FOR CONSTF~ ~c~ra / ;,. ~ ~"_" i ~;-~,,~:~_._. DATE ~ o° ~ ~ ~ Director of Public Works / ~'~ , ~ ~~ ~ ~ ~ L=8.40 4 ~ / APPROVAL ; -~ ,,' ~, ;- ~ / ~ ~ EXPIRES. ~ ~ ~ ~ 1 ~ ; / L=69.28 ~• O~ // ! ~ !/ • /~ LOCATION OF EXISTING ~,,U R VE d S~ / DRAINFIELD UNKNOWN. 3 r'tc~r~ 5. 2 2 ~O~ CONTRACTOR TO LOCATE C~ p=47'21'24 / O- AND ABANDON EXISTING L=gg 77 I - 0.15 AC ~"" \ p~ti DRAINFIELD PER THURSTON R-119.50 i ~ ._ - ~ COUNTY ENV. HEALTH DEPT. ~ STANDARDS ~ C 2 Q=47"21'24" L=291.35 °o I 40.32 N ~ R=352.50 m 1- I \ I S 46'3523" ~~~`~' ~. ~ ~ ~ 39.00 99.OE1. , I L` ° REMOVE AND DISPOSE ` ~~-! ~ `~~? , , >> I10F EX BUILDING ~ ~ 1 ~ ; ~ ~ j `?~Q ~, ~; ~' ~ BY OTHERS) 2 ~ \ \,~ r` ~~ ~ 0.13 AC ~! ~ :~' M ~ R ACT C `' ~ .' ~ R: 21' , M \ '~J~ _~ d- L: 32.99 - - - - ~ ____ X 7 5.97 X _--' ~.1 __ -- :,, ._ _. - - ~ M54+00 O yl _ '~ ~ ~r10f J ~ ~., I - o M53+00 VERTICAL DATUM NGVD 1929 ,FACE MON. AT INTERSECTION OF FIRST ST. AND RAILWAY RD. INSTALL 6' HIGH ELEVATION = 332.179 WOOD FENCE (TYP) SCALE IN FEET 0 15 30 60 -~ `' ~ ~~ BASIS OF BEARING ~~~~` pp SHORT SUBDIVISION N0. ~/ h'L~ SHS978187YL .. / ~' 4 ~~ L=66.95 345 \ ~ ~ i / L=3.05 / .~ O /~' 0.13 AC ', 1 ~ 0,~''~h/ •6' sts L=58.4 ~ ~ ~ \ ~ ~~~ 0.13 AC ~,~`~ ~ ; ~ '` ~ s_ -r- ~~_ ~ O~ 7 ~ / ~ h0 / / / 0.14 AC / S = 50.00 ~` / ~4. ~~ mss, ~ ~ ~ 9'As ~o` C2 pp `rte ~ ~ ~ L=55.99 ~ ~ "~°~ o ~ / //~~- p~ 0.15 AC ~ ~ / 9~ S ~ ^ ~ s ~ ~ / / 5 / ~ ~~°` L=76.93 ~ o.1s AC ~ / 13 ~ ,s L=25.27 / I / 0.11 AC ~~ Op. ~ S 3~. / I ~ / `mss ~ ~ ~~~o L=15.00 5~ 899~ E ~ ~ s 222 4 , A-, ~ ~'S S 46 35 23 E S 313 ~ / 89 ZO `~ F ~ 14.90 62.35 42.09 E ~ r 15.99 h`b~ ~ / .p 28.14 L= .00 ~ 12 ,,'` 4 ' / ! / L=76.93 0.12 AC ~ 0.11 AC S I ' ! ~ ~~ ~v i ' ~o°,tiw ~~ IX S 46'35'23" E ~ + ~ ' ! S 46'35'23" E ~ ryo 94.61 ~~j ' 84.56 w ~ L=50.24 MIX 50.00 ~ L=50.33 ~ ~ o 0 ~' I 0.10 AC ~ ~ ,.. ~ ~ ~ 0.10 AC z + I S 46'35'23" E I _ ~ S 46'35'23" E 90.10 89.87 L=8.89 MON L=8.86 w (X 10' UTILITY 25.5' 30.5' I 50.00 EASEMENT (TYP) I ~ ( 1 C) ~ o N O 0.10 AC 41.11 ! °o ~ 41.11 0.10 AC ~ 'n ,r ± ~' ( Z X S 46'35'23" E I/~ ~_ ~ I S 46'35'23" E S 4E 90.0 '- 39.00 90.00 0.12 AC I I I M 344 60.00 --____ I ~ 2 C . - - 39.00 ~ w ~ ~-~; ~ 0.12 --- __ ._ t ~, M~~;~~! ~ 340 o ABANDC -- - % ~ ~ ~~~ ~ ~ ~ TR A C T A o PER TCI 0.12 AC `'' R: 21' CD REMOVE -- ~' L• 32.99' OF BUIL 69.00 i •~~ 69.00 ,~ _ -- .~ ('r M49+00 MS 00 10' ROW DEDICAnON M51 +00 MIDDLE ' °o + S 46'35'23" E INSTALL CONSTRUCTION ENTRANCE o 10+00.00 LITTLETON ST - PER DETAIL THIS SHEET ~ 50+00.00 MIDDLE ST h WILLOW GLEN ADDRESSING Street Lot # Address Cascadian Ave SE 1 16336 2 16338 3 16340 4 16402 5 16404 6 16406 7 16408 8 16410 9 16412 10 16403 11 16405 12 16407 13 16409 Cascadian Ave SE/Welch St. 14 16413/9903 Welch St SE 15 9905 Welch St. SE/Sundance Ave 16 9907/16424 Sundance Ave SE 17 16422 18 16420 19 16418 20 16416 21 16417 22 16419 Cascadian Ave SE Tract A 16337 Tract B 16411 Middle Road SE Tract C 16421 Sundance Ave SE/Welch St Tract D 16423/9909 Cascadian Ave SE/Welch St Tract E 16414/9839 UGL UC UU U't 't/P 1 o N 1~-L818-[6 -srr5 'ON N~Is nioQns z mar. ~o uG s~Nroraa eo slsve e ~ ~ O ' a `^ p N ~ - ~ <~:` "'-` ~ 00'rSt 3 .10.9x.00 N ~ I o 2 ~ n q ~ o o y _.____~_ ^ ~ C 0 l ~t 'i`OO Ci GS _ 0C'KC It .IO.S1.00 s " _ ,.,t^, •' \ U .^. = 8 ~ O a C i ~ ~e -?-` ~ ~ 1?3hlS F{~t3M '~ x tc.;8 v a N~ C ~ o ~~ ice, Stlq• .la $ ,~ ,~ ~ Is o-,C ':,' x, a i A ~ 1 ` ` ~' ~!.~ a~sz of m 8 ~ I ate. o~m o00 ~ !,. {.L~ r,r3 .10.9Y.00 N t0'Ztr\ ~ Cy '" ° ~j' • ,~ ~ ' _ e F r./ m I ~W 06Z 10'f6 ~~~ ~ I- " K 95 i' 3 .t0.%.OD N ^ x ~ I ZIBLI @ 3 .10.%~ N Iw \ Zt'011 _. . - "' 1 ~ s ^ m 11 .fir / r.;~ w Ed I roea ~ bc•r[ ~ s u~ ypu X10_ ~ ` \ tii 'r' ~ -y, ,/'.. ~ .J SO I 3 .71.CLOO.JI .9f.fLLO N 657 ; x C't~~ ~' VS " f1 ~ ^Sy cP ,~~ G, / , ~ In~j I $ ~,\ :.rJ `~ `~t o1 O~~ ^A~~~+SC ?> \l• ,~ ~~9~_ ~ y :~79}tifi~ r/ ~ O 1 " -.t+~ ~.~, ri r '" x ~ ^ g ~n s `1~i~ Oq C\~er ~O. .p ~'V X 6cQ 'b r O ~ v~ I ~ ^ 3's4zl~ ~'` s~~~7o~ gsm m ~ '"~~' ~~,~~ t s ~/, h/ rr/ N Q p I Zb'ltl ~ ~;,^c~ yti5 ~f~ °r r rn X S'r \~r s ~r I // ~°~Xw ~``'V~ e ~tY !1 3 .rI.SZAO N ~ ! \ ~ \ ~; yip 7 .7y 8 .~ i t ~ V ~ V ~i :: ~p i ao ~x \.r~,~i ~ ~ x P~y~r~b' ?`~'9~' x ,. / X~ ,'1 gr5 .A.a I '~ O s1 r` y 9 , Tt: ~ axc ~i1, i'©•~n~ N x ~~U it ~W~ ~6r~G~dT CI G= 1 Y, 3.rl,SZ.oO H Sy\ ~ 1~AO. ~\ ~f ? C X 1~ ~. /p~ ~= G '~. 3 : Bg9~ x by t}+ b r Y 8 '^ x .;tip ~ \ r'b ~ 6 ~ / . c./ ' o S o1 ry ' IL ~ m u m P .'~`M1y'b '' ~ ~ ' 9CP r ,7y ~ J `Q' (~ ! b / V k k W FM 31 +'b' SZSL z 6r , fd q~ x ~ ~^ ~ _ ,''' ~~ 8C"059Z 3 .Zltr.p0 N LM v I ~°y 3 ,r1,SZ.00 N r. r7 +~ y \ / - _ V O ~ I ~ I ~ y~ c m\ Yr~ rrr r ~~= e Itl ~ ! ~ W Mi ~m zt I ~~ ~ r'~ N x .ti~3 r ~•~ r / NW v I~ ~~~ aaW I _ 0~ I i ~U ~ '`r3 'V• l,Oy9'~ 1 U "~ ~1i WO 31 ~ Q~ ~WR I~ D~ I .^Ti g9. ~ ~r+~ a \ ~ V\ mi ~~ q~ ~ tan In ~° n ~~ 1 rv ~ 80 ~iH b O/ ~ ~ ~ .. In G~ I DWI •i ~ Eby 'vd9~ ~ ` ~~ ~x ~ IW I v ~ / T.i aN zl Z IN ~~ I mCl , ~' O4 4J to Ot~Y COW Iv m Y 'r~, ~ ~C ^ OW y ~ Im t, .. ~ , / 4 '.~ ul C p~V I awl :i•' ~ / rI W4 1 i JW °~~ 1^ r ~ _ _ _ ~ S9'YS9Z M .bZ.bG00 5 I ~ / (/' ~ I ~ `', ~\ ~ r r / cr1/ Or1 Y t: l 1: 4 4 t. t~ t. 1: 1: ~ qO //\\ NN4jNNVI VIN N4i Ollil a I •ry5 ` ~ ~NN bY1~~1NhN tCP 1 ~ rr / `~ ~ g°~'a~~°'N~a„: o`ooo~¢~~~~ ~ ~ 'ate 1 ~ / ~~S - ^+ ~ 3 '~ a '~I / '~ '\ V1~~ \ \ c°.3c 8dv~i88r.o8 Q. K~j trih~Nhui vl ~ O ~pN •~ GI rr y9 \ V~~\~~ `\ \ ~ - ~ „awgnvlCNb ~ ~ J^ _ =; / / ~ \ \ ~eh~~.aih~voi 8 ro ~ `. d\ \ ¢ Fn~wcBoo°CSIIhI'8p848G88 O aooooo00o m°o I- i ~ / ~' '_ `'r I \ \ ~' ^ ti P P PoI$ P it P ~ J ~ O m m ej Wo 1 . I / \ ~I $. r.8i m°a88o°Oaa ~ v 3m C~ I ~ ,~ `~ ai r I 1.4V 41. t.L~.V m~ N ~ O \ ., w upc~pN ~IIV~jHYi vi V: aY Z ~\ f. U J V V V UV VDU V ~ `J d ~~~_ :_ oa~aa~ooo i o :~KLLLLngS-l.OnnOLLy~ 1nC~ IJOUI +~UL-Jt75/ P.G ~,~~~ ~-~~`~ ~'" ~ ri ~~~~ s~~ ~~ ~~~ YELMoTON As-built ,~n~inee ~c ~~~~ . i o Ye m ~~~~- C . ~ IOS Yelm Avenue West - P.O. `Box 479 Yelm, Washington 98597 (360) 458-3244 FINAL PLAT PROCESS ~ ~ ~~ ~~~-- . /~ i drawings. to the Public Works Department. * Request final plat inspection by the City of Yelm Public Works Department. * Punchlist items addressed either by correction or enteruig into "Agreement for completion ~~~ of Improvements and Repairs" with City of Yelm. Plat owner.submits request to City for = ~_ /______ .~ proposed items in agreement, along. with estimated value. Final Plat Package (above must be complete prior to .application) * Completed application form with appropriate.documentation and fee:. '~ 12 blue line copies of the final plat map, along with survey closures (see Yelm Municipal Code 16.12.220=16.12.280). Maps must be folded, rolled maps will not be accepted. * Legal Documents (format must be consistent with Thurston County requirements-. attached.) Flat Certificate ~~ - "Warranty Agreement" to be signed b City and plat owners. Bills of Sale (water and sewer)-- G ~~ ~ ~- ~ ~~ ~ ~~ ~ __ "Waiver of Protest" if applicable --~- -- "Storm Water Maintenance Agreement" l ~~C ~ .~~~"Water Rights Agreement" if applicable /~~~~%~ ~~- "Homeowners Agreement" if applicable ------ /~ / t rs as specified by conditions of approval. if applicable ~ - L~ ~f,~ ~~ ~~~-e~- ~,~i~~ * As-built engineering drawings. Verification that all conditions of preliminary plat approval have been met. ~, ~ . ~~~ ~ ~~* Upon staffs determination that the final plat application is complete, the information will j ~ ~~~ `. be distributed to the reviewing departments. At this tune addresses will be assigned to th (~ lots within the plat. ~ ~ ~~ ~~~ C.~~%~~ c .~-. ~~ Rcc~~cRd r . ri9~~rl~ ~~~ , J Following review and approval that the final plat conforms to all applicable regulations and the conditions of approval have been satisfied the plat will be forwarded to the Planning Commission for review and a recommendation to the City Council (YMC 16.12.300). After the City Council's receipt of the Planning Commission recommendation the Council will schedule the final plat for action at the next City Council meeting. * Upon City Council approval, the Mayor will sign the final plat. Following the Mayor's signature the final plat will be signed by all required departments, and forwarded to Thurston County Auditor's Office for recording, as per YMC 16.12.320. As per YMC 16.04.150, the City of Yelm's policy is to issue one building permit (if available) after City Council approval and prior to recording of said plat. Latecomer agreements for water and/or sewer can be prepared and considered by the City after final plat approval. s A C A c/o WASHINGTON ASSOCIATION OF COUNTY OFFICIALS 206 TENTH AVENUE, S.E.. OLYMPIA, WA 98501-1311 TO: Washington State County Auditor Recording Customers FROM: Washington State County Auditors DATE: Ma3-1,1996 SUBJECT: New Document Recording Legislation Two bills have passed the legislature this session that will affect document recording in all ~ counties in. the State of Washington. We are waiting about how these changes will effect the docume~s you record and the fees you submit. The. changes are as follows: Effective July 1, I996, all recorded documents are subject to the following fee requirements: Senate Bill 6718 Washington State Archives Funding Document Recording Fees X8.00 for the fist page, $I.00 for each additional Plat ~ Condominium Mapa X54.00 for the Bust 50 lots Record of Survey and all other lame maps Contact the individual county Effective January 1, 1997, all recorded documents (except mylass) are subject to new form requirements: - House Bill 2414 Document Standardisation , I) New mandatory form requirements _ The first page o~ the document shall contain the following (see attached sample forr~ia'~): A) Atop margin of at least three inches and cone-inch margin on the bottom and aides; B) The top left-hand side of the page shall contain flue name and address to whom the instz~ument will be returned; C) The title or titles of the instniment to be recorded indicating tf<e kind or hinds of documents or transactions contained therein, The auditor or ' recording officer shall only be required to index the title or titles captioned on the document; 1 D) Reference number of documents assigned or released with reference to the page number where additional references can be found, if applicable; E) The names of the grantor(s) and grantee{s) with reference to the page number where additional names are listed, i£ applicable; F~ An abbreviated legal description of the property, including lot, bloclz, plat, or section, township, and range, and reference to the page number where the full legal description is included, if applicable; . G) The assessoi s property tax parcel or account number; 2) All pages must be on paper of a weight and color capable of producing a legible image and <..~.. must not be larger than 8.5" wide by 14" long. All pages (aside from page #1) must Have a 1" margin on the top, bottom, and sides, and be prepared in an inh color capable of being imaged, and all seals must be legible and ~ tappable of being imaged. No attachments maybe af{ixed to the pages of any docume~. 3) If a document presented for recording does not contain the information required in the proper fozma{ as listed above a cover sheet will be required (please see attached sample cover sheet) and the index record generated from that cover sheet. An additional page fee of X1.00 will be charged for the cover sheet. 4) An eighth indexing field avill be added to the Auditor's grantor/grantee index for the assessor s parcel or account number. Again, these changes effect document recordiag in all Washington County Auditoi s Offices. The delayed implementation date was established to allow time for those designing forms to reformat them. However, there is no requirement to wait until January 1, 1997 to use the new format. Documents submitted for recording must conform with these formatting requirements or have an attached indexing cover sheet. If you have your own computerized forms feel free to send them to one of the following people for review, if you wish (addresses can be found on the attached list). Carolyn Ablemau, Kmg County Records ~ Electrons 1~~r: Diana Bradriclz, Snohomish County Auditoi s Office Shelly Johnston, Lincoln County Auditor Val Wood, Thurston County Auditor s Office If you have any questions regarding nay of the above changes please call the county in which you conduct business. We have attached a list of the County Auditor's Offices and provided their phone numbers and addresses. • State o, f Washington • - ~ • - - ~ - Sample Document Format (for R-ecording) - • - ~ - F,,(jtdsvie LL97 . - per RCW 36~ Id mrd RCW 65.04 Return Address: 3 inch margin (page 1) Document Title(s) -•~ Reference numbers of related documents: ~'~ on page of document Grantor(s): I. Last, First,llTddle Initial 2. 3. etc. additional names on page of document Grantees(s): I. Last, First,ll~iddle Initial 2. 3. etc. additional names on page of document s Legal Description: 1. Abbreviated form (lot, blocl~ plat name, section-township range) 2. Additional legal description is on page of document Assessor's Property Taz Parcel Account Number(s): 1 inch margins (all pages) f ~,: r 16.12.190 Duration of oreliminarv aD~roval. Approval of any preliminary plat shall be effective and binding upon - the city for three years from the date of approval by the city. Prior to expiration of this three-year period a final plat or plats meeting all requirements and conditions of the preliminary approval may be submitted. 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 ne*N preliminary plat. (Ord. 436 (part) , 1992) . ~.v ~..c~ . c.vv t.J~LC:IJSV:I C1L UL-eiliTllilziV aDDrOVa! Upon receiving a written request from the subdivider at least thirty days prior to expiration of the preliminary plat approval, and upon a showing that the subdivider has made a good faith attempt to submit the final plat within the three-year period, a one-year extension-will be granted by the city. Knowledge of the expiration date arr initiation of a request for extension of time is the respor_sibility of the subdivider. The city is not respcnsible or providinc notice of pending e_~cpiration dates. (Ord. 43c'(pa:t), `~ 1992) . ~. 16 . ? 2 .210 Combined aooli calf cn cntior . =i1 applic'-..rt .for larce-loc subdivision or short subriv=sicr. approval may submit concurremand-combined preliminary a_rr final suri- vision applications. '_'he fee for such a combined. applic=.- Lion will be reduced in accordance with the city's develop- me_*~t fee schedule. No final application for full subdivi_ Sion approval will be accepted by tr_e city prior to prelim- inary plat approval having been granter by-the c_ty cou^- c=1. (Ord. 436 (part) , "s 9.°2) . 6 . ? 2.220 Final aDDliCati On DrOCECllre. ,n aDDlica- tion for final lance-lot subdivision, short subrivisior_, or lull subdivision approval shall be submitted to the cit-r o^ forms provided by the city and shall include the infor~- tion set forth below. .The accuracy of all information submitted on or with a subdivision applicztion is the re- sponsibility of the applicant. P.ny proposed final plat or application found to be inaccurate so as to ,~slead the recision-maker will be returned to the applicant with a request to correct sucZ information. (Ord. 436(part), 1992) . 16.12.230 Final Dint aoelication content. A. Each application for final subCl].V1Slon appZ'OVaI, 1~±CludinQ sPCr~ subdivisions, large lot subdivisions and fina'_ full subdi- visions shall contain the following information. Specific items may be waived by the administrator if the acmi.niscra- tor deems suc:Z information to be irrelevant or not 142-3 (Yelm 8/92) f d applicable to a particular application. 1. Names, addresses and phone numbers of the own- er, subdivider, engineer and/or surveyor; ' 2. A copy of any deed restrictions to be applica- ble to the subdivision; 3. A copy of any separate dedication documents; 4. Documentation of acreage to the nearest hun- aredth of each lot of one acre or more and square footage oz each lot of less than one acre, and mathematical bound- ary closure of the subdivision, of each lot and bleck, of street centerlines, showing the error of closure, _~ any; 5. A final plat of one or more sheets with, at minimum, the following content: a. The date, scale, north arrow and legend, - b. Controlling topography and existing features such as rivers, streets and railroads, ~= c. Legal description of the subdivision bou_nd- ::.-cries , d. A complete survey of the section or seccior_s in which the plat or replat is located, or as muc:^. tze_~of as may be necessary to properly orient the plat wit:;in suc_^_ ~ 5zcticn cr sections, inducing re=er2nce poi^ts and ?roes '~~ of e_~isc_ng surreys identi=i ed which relate to t hE c? ac inclucinc: i. All stakes, mon~nEnts or other e~r'_ceTcE f tune or_ tlE ground arc u5 Ed to determine the bou_rda_ _ 2s c t:~e subdivision. If a section breakdown is =equi=Ec to cecermir.E the boundaries of the subdivision, suc^ s2c;._en breakcown shall bE s:ZOwn. Location a.*ld monuments cu_-±c or rESeC wit:'1 r2SpECt t0 anV EStafJllShEd Centers i.lE Of SC.=~t~ ad]aCEnt t0 Or iNithl:l tilE prODOSEd SilDdlVi Si0I1. _l CthE. mccuments !-ound Cr ES~abliShed iIl ma:{1I1Q tilE Si:~ ~$V_ C~ t ~? 5i1LC1v151Cn Or =EgL11rE.^. t.^. bE .nSCal! E^r by p"CV=.._C:'.5 ^' - .. 1:115 t=tl°, ?:. AdjO_ning corners Of adjOininC 1rrLS~ .D10C~CS, and Subd?VISlOnS, .~_ 131. City Or COUI1Cy bOUndary linES wilE_^_ crossing or adjacent to file subdivision, -_ iv. Section and. donation lane clai_*n lines within and adjacent to the plat, v. The exact location and width of st=eats and easEme*_lts intErsecting the boundary of the t_ac~, vi. Tract, block and lot bounda:-~ lillES ant strE~c r.g'rts-of-jNay a^.c centerlines, with d=men5=or.~ bearings or deflection angles, radii, arcs or cEntral~an- cies, points of curvature and tancent bearings. T:aC~ boundaries, lot boundaries and street bearings shah bE shown to the nearest second with basis of bearings. A'1 distances shall be shown to the nearest one-hundrscth =ooc, 142-4 (Yelm 8/°2) vii. The width and location of existing easements and rights-of-way and of easements and rights-of- way being dedicated, e. Prominent lot and block numbers beginning with number "1" and numbered consecutively without omissior_ or duplication in a given block or subdivision and so placed as not to obscure any figure. Block numbering shall be a continuation of blocks in any contiguous subdivision of the same name, f. Land parcels to be dedicated to any public or private purpose shall be distinguished from lots intend- ed for general development, g. Net acreage to the nearest hundredt_^_ of lots containing one acre or more. B. The plat shall include the following seate.~ents, which may be combined where appropriate: ?. ~ statement by the public works director or ;,v an appropri atel_v licensed engineer or sur-~eyor acting.:or, behalf of .the city approving the survey.:data,.the layout c= scree*_s, alleys and tithe= rights-of-~iVay, cosign c= br_age= sewage and water syste*ns and other struct::res; -~ 2 . ?Z ackr_owledgment before the auc_tor . cr a^_ct»Er ~, officer w'rc is author=zed by law to Lance ac k. cwled~ent c= deeds by the person filing the peat cr a cer_==_cate of the aC?C~'lOWledgmEnt ..al'.I:eXEC t0 Si1C^ plat and .re^.C?'r.E^_ .t:lE:E:d_~_.; ?, ~ certificate of consent tc the pr=~araticr_ a.c recording of t_^_e plat with the ac:cnowledced sicnature of all parties with any record title inte_est in the land being subdivided; 4. ~ Ce_tlflCcte dedicatir_g cal parcels of lane ShOWn CP. the f_Tial map 1.ntEnded for ar_y publ_c use with ~: e GCknCWIeCCeC S_gnature OL all CWIlerS OL the S'~:.^.C_'!_S_.^.II; A Ce_t2flCatE W_th t.^.e SEA= C c?:G 5_Cict~:r~ ^,_ the Sur'JEVOr =:.SDOnslble fOr tale Sit=TEy a^d .___r._ plat; 6. C=reification from the county t_~asu_er ehat all taxes and assessments for which the prODErtV T.aV be liable have been duly paid, satisfied or c_schGrged as c= the date of certification; 7. Certification of examination and a~nroval by the county assessor; 8. Certification of exz*ninat_on and approval by the county health officer; 9. Certification of t_tle by a title _nsurance company, dated not more than thi r:.y days pr'_e= to final plat application, with the names of all perscrs whose cor_- sent is necessary to effectively dedicate proposed streets and other easG~nents; 10. Certification by the public works director that the subdivider has complied with one of the follow=ng: 142-5 (Yelm 8/°2) a. All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original reproducible mylar road, utility and drainage construction plans certi- fied by the designing engineer as being "as constructed" have been submitted for city records, and/or b. P.n agree.*nent and bond or other financial security have been executed in accordance with Chapter 16.20 of this title sufficient to assure ,completion of required improve_inents and construct_on plans. (Ord. 436 (part) , 1992) . 16.i2.2d0 Drafting standards. All final plats shall be drawn in accordance with the following standards: A. The final plat shall be clearly and lecibly drawr_ in permanent black ink upon a stable base polyester film; =~~ B. The scale of the plat shall be one inch EQtlals either fifty feet, one hundred feet, t*ao hundre feet, cr -• four hundred feet; the appropriate scale to be cEtEr~:ec -- on the basis of the area of the plat and following cor_sul- tation with the public works director; ~ C . Lettering shall be at least three t =-- .y ,- - s eco._cs ~~ of an inch high; D. '.'he oerimec.er of .the p~ at or subdivs_c^ beirc recorded shall be depicted wit:Z hecvcr lines c~ridE_ tha_.rt e re_*rtaining portion of the plat of t E subdiv_s_cr; E. ThE size of Each s'reet sha? 1 be ei ghtEer by tNEn- ty-four i_^.ches; F. a margin line shall be dra5v.^: complEtely arcu_rc each sheet leaving an entirely blc_^_!C margin of a~ lease three inczes on the left side and at least or_E-^a_= inc Cn Each of tze other three sides; G. _= more than two sheets arE used, an index c= the entire subdivision shcwing the arrange_*nent of all sheers. Each sheet shall be numbered; h. The plat title, date, scale, quarter-quarter sec- tion and north arrow shall be showr_ on each acuronriate - sheet of the final plat; _ _ I. P11 signatures placed on the final plat shal'_ .^.E - original signatures written in pe=-:nanent black =ndia ink. (Ord. 436(part), 1992). 16.12.20 Sur~ev of subdivisior_ znd DrEDc=atlOP_ cf n lat. The survey of the proposed subdivision ar_d prepara- tion of the plat shall be made by or under the sunervisicr_ of a registered land surveyor of the state of was~.ington who shall certify on the plat that it is a true and corre~~ representation of the lands actually surveyed. (Ord. 436 (part) , 1992) . 142-0' (Yelm 8/92) 16.12.260 Permanent control monuments. Permanent control monuments shall be established at each and every _ controlling corner on the boundaries of the parcel of land being subdivided. The public works director shall deter- mine the number and location of permanent control monuments within the plat, if any. The type of monument will conform to the standards adopted by the city council. (Ord. 436 (Part), 1992). 16.12.270 Revie*N period. Unless the applicant con- sents to an extension of time, final plats will be ap- proved, disapproved or returned to the applicant within thirty days from the date of submitting the final plat application to the city. (Ord. 436(part), 1992). 16.12.280 Staf*" review and certification. Upon re- ceipt of the final plat application, the city p1arL*±er shall distribute copies to the public. wor:~s director,_county treasurer, the county assessor and the Thurston C^unty realth Department. The proposed fina.i plat shall be-re- viewed for conformar_ce with the approval of the preli.mina_ r .~ plat, and for compliance with provisicr_s of this title. ., This review may i nclude en-site con=i_-mation of c:.mnli ance . ?f the final plat corfo_*~s fully with- all applic...ble reTS- lations azd standards, these officers stall-sign or cerz__v_ the plat as appropriate. (Ord.: 436(part), 1992). 15 . ? 2 .290 Fleod zone a~~roval . Tn acid=ticr. to ot_^_er approvals, a_ny plat covering any land situated in a flood control zone as provided in RC`d Chapter 86.16 shall re~:ir=_ the writ.en approval o* the State Department of _colog_,r. (Ord. 43o'(part), 1902). ~ 6 .12 .300 COIP1:1i55? On reVi e=N. Upon reC 1Dt Of all required administrative approvals, the city planner s'rall forward any proposed viral full plat and any large lot subdivision of five or more lots to the planning commission for appropriate action. The commission stall review such full subdivision and forward its recommendation to the cit`/ council. The commission shall render a decision regardinc such large lot subdivision. (Ord. 436(part), 1992). 16.12.310 Council review. Upen receipt of the commission's recommendation the admin_strator shall present the plat to the city council. Upon finding that the final plat has been completed in accordance with the provisions of this title and that all required improve_=nents have been completed or that arrangements or contracts have been en- tered into to guarantee that such required improve_=nents will be completed, and that the interests of the city are fully protected, the city council shall approve and the 142-7 (Yelm 8/92) mayor shall sign the final plat and accept dedications as may be included thereon. The mayor shall immediately re- turn the final plat to the city clerk for filing for record with the county auditor. (Ord. 436(part), 1992). 16.12.320 Filincr for record. After the last required signature has been obtained, the approved final plat shall be delivered to the city clerk who shall record the ap- proved plat. The original of the final plat shall be filed for record with the county auditor. One reproducible copy of a stable base material shall be furnished to the public works department. Paper copies shall be provided to -the county assessor's office, Yelm planning department, Thurston County Health Depart_nent, and Yelm Fire District No. 2. All required paper copies shall bear the auditor's recording number and date. (Ord. 436(part), 1992). 16.12.330 Effect of approval. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordihances and regulations in e*""feet at the time of approval under RCW 58.17.150 (1) and (3) for a °` period of five years after fir_al plat approval unless the ~' legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Approved lots in a subdivisicn shall be a valid land use notwithstanding any change it zoning for a period of five years from the ef=ective date of the final decision approving the subdivision. (Ord. 436(part), 1992) . Chapter 15.14 OPEN SPACE P1VD GRE~ELTS Sections• 16.14.010 Scope and application. 16.14.020 Exceptions. 16.14.030 Definitions. 16.14.040 Ope_*~ space requi_e_*nent . 16.14.050 Open space qualifications. 15.14.060 Off-site open space alternative. 16.14.070 Fee payment alternative. 16.14.010 Scope and application. Except as set forth below, the requirements and standards of this chapter shall apply to each and every residential development as defined herein, including subdivisions, apartments, townhouses, site plans and mobile home parks; and, as deemed necessary 142-8 (Yelm 8/93) SKILLINGS CONNOLLY May 11, 2001 00006 Ms. Cathie Carlson City of Yelm P.O. Box 479 Yelm, WA 98597 c~-- s~~ ~ ~~,~~o- .~.~ ~~~ i ' ~I~Y l ~ 20Q1 ~~ : ~_ RE: Middle Road /Willow Glenn Final Record Drawings Dear Cathie: We are submitting the record drawings for Middle Road /Willow Glenn project. We are also requesting at this time for a final project inspection and punchlist. The final plat documents will be submitted in the near future. If you have any questions, please call me at 455-3124. Sincerely: SKILLINGS-CONNOLLY, .11~IC. Consulting Engin s _ ~ ~~ Brian K. Matthews, PE Project Engineer BKM/bm (G:\project\2000\00006 Wade-Middle Rd\Itr5-11-01bm.doc) cc: Denny Balascio CIVIL • TREiNSPORTATION • ENVIRONMENTEiL • CONSTRUCTION PO Box 5080 Lacey, Washington 98509-5080 360-491-3399 1-800-454-7545 Fax 360-491-3857 E-mail :killings@skillings.com www.skillings.com A{~R-17-2001 09:22 CITY OF VELM PUBLIC WORKS 360 458 8417 City of Yelm Sewer Dept. 4/x5/2001 Punch List Middle Road Platt. Fa 163 P.002/003 1. Per tl~e City of Yelm Development Guidelines, Concxete pads must be poured around all main line valves and `End of Line `clean- outs. 2. Toning wire must be placed along with all piping, Including stub-outs from the valve boxes. No toning wire could be found on the stub-out on lot 13. A?R-17-2001 09:22 C1TV OF VELM PUBLIC WORKS 360 458 8417 Fn 163 P.003/003 WATER DEPARTMENT PUNCHLIST MIDDLE ROAD PROJECT 1. 2. 3. Middle Street & Littleton Street -Irrigation meter ktas no water Valve is covered up & box Littleton Street, Tract B -Where ~s water meter, setter & box Weich Street -Three water services to east side of Road - no these three services have water to them? They have plug on curb stops. TOTAL P.003 A'PR-17-2001 09:22 CITY OF YELM PUBLIC WORKS 360 458 8417 Fa 163 P.001/003 CITY OP YELM PUBLIC WORKS DEPARTMENT (360) 458-8410 PI~IONE {360) 458-84 t 7 FAX ~'ACSIMILL TRANSMITTAL SHEET TO: FROM: Cathie Carlson Stephanie Co-v3ers COMPANY: DATE: 04/17/01 FAX NUMBEit TOTAL NO.OF PAGES INCLUDING COVER: 458-3144 3 PHONE NUMBER SENDER'S REFERENCE NUMBER RE: YOUR REFERENCE NUMBER Middle Road Comments ^ URGENT R FOR REVIEW ^ PLEASE GOM~IEIJ1' ©PLEASE REPLY ^ PLEASE RECYCLE NOTES/COMMENTS: here are the water/sewer comments for the middle mad project. call if ?'s. O S 105 YELM AVE. WES"r/PO BOX 479 YELM, WA 98597 Memo To: Interested Parties From: Shelly Badger, City Administrator -City of Yel~ Date: February 5, 2001 Subject: LID Transfer Please find enclosed a copy of the recorded LID Transfer paperwork which transfers 13 ERU's totaling $23,700.95 to the Yelm Property Development on Middle Road, and retains 14 ERU's on the Pratt property. If you have any further questions, please call me at 360-458-8405. Return Address City of Yelm Shelly Badger PO Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Ordinance No. 727 2. _ 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development, LLC 2. Laura L. Pratt 3. Grantee(s) (Last name, first name, middle initial) 1. Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcel B ofBLA-1054, Parcel A of BLA 00-8260YL, i ^ Additional legal is on page _ of document Assessor's Property Tax Parcel/Account Number: 64303600302 and 64303500504 3331850 Pa~e~ 1 of 35 ~M ORD t42.00 Thurs~onaGo,9WR1N ~IT1 OF YE CITY OF YELM ORDINANCE NO. 727 AN ORDINANCE of the City of Yelm, Washington, approving modification to the final assessment roll for Local Improvement District No. 1. WHEREAS, the final assessment roll for Local Improvement District No. 1 ("LID No. 1 ") in the City of Yelm, Washington (the "City") was confirmed by Ordinance No. 674 on September 24, 1999; and WHEREAS, one or more property owners within LID No. 1 have applied for a transfer of certain assessment(s) within LID No. 1, as shown in the executed Agreement delivered to the City, a copy of which is attached hereto as Exhibit I; and WHEREAS, based on the representations and information set forth in said Agreement, the City Council will agree the proposed transfer of assessments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Agreement, attached hereto, as Exhibit I is hereby approved. The City Council hereby finds that the value of each of the parcels as shown on Exhibit Bin the Agreement is at least equal to the assessment proposed to be levied thereon. The transfer of the assessments as shown on Exhibit B to the Agreement is hereby approved. Section 2. This ordinance shall be in full force and effect five days after its passage and publication as provided by law. PASSED by the Council of the City of Yelm, Washington at its regular meeting on the 10th day of January, 2001. CITY OF YELM, WASHINGTON ~~ K hryn .Wolf, Mayor - ,~ . _. Authenticated: ~ ~"~' ' ~~ ~ ~'~ ~ ~ ~za''L c~ ° ~C- Agnes'1'. Bennick, City Clerk/Treasurer Approved as to Form: Bond Counsel, Preston Gates & Ellis LLP Passed: January 10, 2001 Published: Nisqually Valley News, January 26, 2001 Effective Date: January 31, 2001 3331850 Page F o! 35 01;'i°,'~0N1 69 ~ 31A CIT1' bF YELM GRD $4P.60 Thurston L'o, WA CITY OF YELM LOCAL IMPROVEMENT DISTRICT NO. 1 AGREEMENT WITH RESPECT TO CERTAIN ASSESSMENTS 1. The City of Yelm confirmed the final assessment roll for Local Improvement District No. 1 ("LID No. 1 ") by Ordinance No. 674 on September 29, 1999. 2. LAURA L. PRATT, a single woman and successor-in-interest to the RICHARD J. PRATT TRUST, hereinafter referenced as the "Original Owner," represents and warrants that she is the sole owner of the following-described property located in Thurston County, Washington, hereinafter referred to as the "Original Assessment Parcel": Parcel B of Boundary Line Adjustment No. BLA-1054, as recorded April 2, 1991, in Volume 10 of Boundary Line Adjustments, pages 594 through 597, inclusive, under auditor's file no. 9104020180. At present, there is a principal amount of $49,225.05 remaining with respect to this Original Assessment Parcel. Attached hereto as Exhibit A is a copy of a title report confirming ownership of the Original Assessment Parcel in the Original Owner as of November 2, 2000. 3. The undersigned, on behalf of the City Clerk-Treasurer, hereby confirms that the current assessment roll for LID No. 1 identifies the Original Owner as the owner of the Original Assessment Parcel as of this date. 4. The Original Owner and YELM PROPERTY DEVELOPMENT, LLC, a Washington limited liability company, hereinafter referred to as the "New Owner", 3331850 Page 1 of 4 Pale ~ 3 of 35 dl!18i2001 dA 31A CITY uF YELM ORL1 ~4~.00 Thurston Coy WA hereby agree that a portion of that assessment referenced hereinabove shall be transferred and relevied on the New Owner in the manner described in Exhibit B. 5. Attached hereto as Exhibit C is a copy of a commitment for title insurance showing ownership of the New Owner's Parcel in the New Owner. Attached hereto as Exhibit D is written evidence of the authority of Denny Balascio to sign as manager, for and on behalf of the New Owner. 6. The City Administrator has reviewed this Agreement and its Exhibits, and confirms that the parcels as described therein are not land-locked nor do they contain any wetlands situated, and states that she has reviewed the appraisal information provided by the New Owner. 7. The City Clerk-Treasurer has reviewed this Agreement and its Exhibits, including specifically the new allocation of the subject assessments, and confirms that the values of the parcels encumbered are at least equal to the unpaid principal balances of the assessments so allocated. The Original Owner and the New Owner hereby agree that immediately upon adoption of an ordinance by the City Council of Yelm approving this Agreement, the assessments for LID No. 1 shall be as shown on Exhibit B. Said parties hereby warrant that all previously billed assessment installments levied upon the Original Assessment Parcel have been satisfied and the account is paid current, including principal, interest and penalties. This Agreement shall be effective and binding upon each of the said parties upon their respective signing of this Agreement. 3331850 Page 2 of 4 Pale ~ 4 of 35 ai,~'i3rCdR1 09~31R CITY OF YELM QRD $42.@0 Thurston Co, WR ORIGINAL OWNER: i a a L. Pratt Date NEW OWNER: YELM PROPERTY DEVELOPMENT, LLC. Denny Balascio, its manager Date CITY CLERK-TREASURER: ~1 ~) t~ Date CITY ADMINISTRATOR: -`~ ~ ~ ~ , ~_ ~~- ~~ I j ~ Date 3331850 Page 3 of 4 Page 5 of 35 f'iTY f1F YFl M 01i'18,'~001 09~31R OR0 ~4P.00 Thurston La, WA STATE OF CALIFORNIA ) ss. COUNTY OF ~ A ..' Tea i,3~.~,~ a-.~,., On / :~ - ~- j z~~6 r ~ ~ _ ~ ~~~ BEN R. ~ATTER~FI p~ ~~ COMM. ~ 1264427 ~+ NOTARY PUBLIC-CALIFORNIA +~ SANTA BARBARA COUNTY Q COMM. EXP. JUNE 16, 2004', STATE OF WASHINGTON COUNTY OF THURSTON before me, ~c~/ ~,s~~-,Y~,~tiEr.~Notary Public, personally appeared LAURA L. PRATT, [ ] personally known to me -OR- [ ]proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which person acted, executed the instrument. WITNESS my hand and official seal. ..., ss. On this day of (~_..~L~'('.I`VL~'--~^ 2~ ,before me personally appeared DENNY BALASCIO, manager of YELM PROPERTY DEVELOPMENT, LLC., the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,``~rftrrrr,iiii ~,~,.,.~~ : Notary Public m and for the_State ;NOTARY ; = of Washington, residing at ~~ ~ p ~ ~ , o My commission expires ~>~ ! U ~ ; ~ ~~..11 ] ~~~ -,,,,,,,,wA ~ ~ ~'' 3331850 Fage~ fi u£ 35 Page 4 of 4 01r'18!~001 09 ~ alA CITY t]F YELM ORD $4.00 Thurston Co, WA EXHIBIT A Title Report Relative to the Original Owner's Original Assessment Parcel. EXn~n~t A, 3331850 Page 1 of 1 Fage ~ 7 0£ 35 CITY l7E YELM 01r'18f'2001 09~31A ORS $42.00 Thurston Lo, WA COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE C O M P A N Y CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when [he identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure [o issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY cHIC ACO T-TLE INSURANCE, aIMPANv 3315 Pacific Avenue SE Suite Dl - B Olympia, WA 98501 ~~NSUgq,~ By:/ ~ - / /~~ (~ 456 360 7878 ~ ~ ~ GT < ( ) - ~ , eoA~, '" President ~ ^ . o SE g ,t ~~' 1 13y: ~,~ua ~o ~ - ~/~[/9` Secretary Authorized Si ature 3331850 Fage 8 of 35 CITY ~F YELM 01?13?2061 0y~31A ORD X2.06 Thurston Go, WA ~.., ultina in loss of and CI-~'AGO TITLE INSURANCE ~PANY 3315 PACIFIC AVE SE ~D-1B, OLYMPIA, WA 9850] A.L.T.A. COMMITMENT SCHEDULE A Title Unit: 00142 SECOND COMMITMENT Phone: (360)456-7878 Fax: (360)456-6776 Order No.: 2004496 Officer: OLYMPIA TITLE DEPARTMENT Your No.: PRATT/SENIOR MULTIPURPOSE Commitment Effective Date: NOVEMBER 2, 2000 at 8:00 A.M. 1. Policy or Policies to be issued: PREMIUM APPLICABLE BETWEEN 5110,001.00 - 5120,000.00 ALTA Owner's Policy Amount: $114, 000.00 1992 STANDARD Premium: $ 595.00 T~~ $ 47.60 Proposed Insured: SENIOR MULTI-PURPOSE CENTER OF YELM, A WASHINGTON NON-PROFIT CORPORATION Policy or Policies to be issued: Amount: $0.00 ALTA Loan Policy Premium: 1992 EXTENDED Tax. Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $0.00 Premium: Tax: 2 . The estate or interest in [he land which is covered by this Commitment is: FEE SIMPLE 3 . Title [o [he estate or interest in the land is at the effective date hereof vested in: LAURA L. PRATT, AS HER SEPARATE ESTATE 4 . The land referred to in [his Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT WLTACOMA/RDA/0939 3331850 Pa~e~ 9 of 35 CITY OF 1'ELM 01;13;'3001 09~31A ORO $42.00 Thurston Co; WA O • CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: 2004496 YOUr NO.: pR11TT~SaxIOR MRLTIYIIRPOSE LEGAL DESCRIPTION EXHIBIT (Pazagraph 4 of Schedule A continuation) PARCEL B OF BOUNDARY LINE ADJUSTMENT NO. HLA-1054 AS RECORDED APRIL 2, 1991 IN VOLUME 10 OF BOUNDARY LINE ADJUSTMENTS, PAGES 594 THROUGH 597 INCLUSIVE, UNDER AUDITOR'S FILE NUMBER 9104020180, IN THURSTON COUNTY, WASHINGTON CLTACA1Afi/RDA/0199 3331850 Page 10 of 35 01r'18r'20d1 05~31R CITY f1F 1'ELM QRO $4~.0N Thurston Lo, WR s .... CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHE'DU~ B OrderNo.: 2004496 YOnr NO.: PRATT/$EMOR M7LTIPQRP038 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same aze disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of pazties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accwate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or far state workers' compensation, or for services, labor, or material heretofore or hereafter fwnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction chazges for sewer, water, electricity, other utilities, or gazbage collection and disposal. G. Reservations or exceptions in patents or in Acts authorising the issuance [hereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed inswed acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTACOMR/RDA/0999 3331850 Fage~ 11 ~f 35 01?13?~N01 d5~31A CITY OE YELM ORD $4.00 Thurston l.o~ WA s CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 002004496 Your No.: SPECIAL EXCEPTIONS A 1. LIEN OF REAL ESTATE EXCISE SALES TAX UPON ANY SALE OF SAID PREMISES, IF UNPAID. TAX RATE = 1.78. a 2. DELINQUENT GENERAL TAXES: ygAR; 1998 AMOUNT BILLED: $ 752.23 AMOUNT PAID: $ 358.13 AMOUNT DUE: $ 394.10, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 64303600302 LEVY CODE: 182 ASSESSED VALUE-LAND: $ 28,000.00 ASSESSED VALUE-IMPROVEMENTS: $ 15,700.00 NOTE: AMOUNT BILLED INCLUDES CERTIFIED PERSONAL PROPERTY AMOUNTS c 3. DELINQUENT GENERAL TAXES: ygAR; 1999 AMOUNT BILLED: $ 780.95 AMOUNT PAID: $ -0- AMOUNT DUE: $ 780.95, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 64303600302 LEVY CODE: 182 ASSESSED VALUE-LAND: $ 28,000.00 ASSESSED VALUE-IMPROVEMENTS: $ 15,700.00 NOTE: AMOUNT BILLED INCLUDES CERTIFIED PERSONAL PROPERTY AMOUNTS n 4. DELINQUENT GENERAL TAXES: YEAR: 2000 AMOUNT BILLED: $ 789.54 AMOUNT PAID: $ -0- AMOUNT DUE: $ 789.74, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 64303600302 LEVY CODE: 182 ASSESSED VALUE-LAND: $ 28,000.00 ASSESSED VALUE-IMPROVEMENTS: $ 15,700.00 NOTE: AMOUNT BILLED INCLUDES CERTIFIED PERSONAL PROPERTY AMOUNTS CLTACM BI/RDA/VA9 3331850 Page lc of 35 01~'1C,'~001 09 ~ 31R CIT1' LlF YELM ORS $42.00 Thurston Ca, WR • CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 2004496 YOUr NO.: PRATT/SENIOR NULTIPORP098 SPECIAL EXCEPTIONS AJ 5. THE PERSONAL PROPERTY TAX ACCOUNT FOR THE MOBILE HOME LOCATED THEREON IS 99800273200. ALL TAXES FOR THE YEARS 1998, 1999 AND 2000 HAVE BEEN CERTIFIED TO THE REAL PROPERTY TAX ACCOUNT NUMBER OF 64303600302. 6. THE MOBILE HOME OR MANUFACTURED HOME (AS DEFINED IN RCW 46.04.302) LOCATED OR TO BE LOCATED ON THE REAL PROPERTY DESCRIBED HEREIN IS SUBJECT TO LICENSING AND TITLE REGISTRATION BY THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO RCW. 46.12.290. SAID MOBILE OR MANUFACTURED HOME IMPROVEMENTS WILL BE EXPRESSLY EXCEPTED FROM THE LEGAL DESCRIPTION AND NOT INSURED BY THE POLICY UNLESS THE CERTIFICATE OF TITLE IS ELIMINATED AND THE MOBILE HOME IS CONVERTED TO REAL PROPERTY AS REQUIRED BY RCW 65.20. A MANUFACTURED HOME TITLE ELIMINATION APPLICATION SHOULD BE OBTAINED FROM THE DEPARTMENT OF LICENSING. THE APPLICATION MUST BE SIGNED BY THE REGISTERED AND LEGAL OWNERS OF THE MOBILE HOME, THE OWNER OF THE LAND, THE CITY OR COUNTY BUILDING PERMIT OFFICE, APPROVED BY THE DEPARTMENT OF LICENSING, AND RECORDED OR AVAILABLE FOR RECORDING. EVIDENCE MUST BE SUBMITTED THAT PERSONAL PROPERTY TAXES ON THE MOBILE HOME HAVE BEEN PAID THROUGH THE CURRENT YEAR AND PERSONAL PROPERTY TAXES FOR NEXT YEAR, IF SUBJECT TO ASSESSMENT, HAVE BEEN PAID. PLEASE CONTACT YOUR TITLE OFFICER IF THE MOBILE OR MANUFACTURED HOME IS NOT TO BE CONVERTED TO REAL PROPERTY. 7. ASSESSMENT: AMOUNT: $ 49,225.05 INTEREST: 6.2~ ANNUAL INSTALLMENTS: 15 INSTALLMENTS PAID: -0- INSTALLMENTS DELINQUENT: -0- NEXT INSTALLMENT DUE: OCTOBER 15, 2000 NEXT INSTALLMENT AMOUNT: $ 6,199.84 INCLUDES INTEREST LEVIED BY: CITY OF YELM FOR: CITY'S WASTEWATER REUSE PROJECT ACCOUNT NUMBER: 64303600302 CLTACM 82/RDA/0999 3331850 Fa~e~ 13 of 35 01r'18!~001 09~31R CITY OF YELM ORD 4'4.00 Thurston Go, WR '"'4 ~ ~ CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 2004496 YOLC NO.. PRATT/SENIOR NOLTIDURPOSH SPECIAL EXCEPTIONS FOR MORE INFORMATION REGARDING THIS ACCOUNT, CONTACT RICK KNOPF AT PUBLIC FINANCE, (425) 885-1604. Ax 8. IF ANYONE OTHER THAN FRAN SHERRILL AS DIRECTOR EXECUTES THE DEED OF TRUST ON BEHALF OF SENIOR MULTIPURPOSE CENTER OF YELM THAN THIS COMPANY REQUIRES EVIDENCE OF SUCH AUTHORIZATION. Ar 9. IN THE EVENT THAT THE PROPERTY DESCRIBED HEREIN IS OCCUPIED BY A MARRIED PERSON AND SPOUSE AS A HOMESTEAD, THE CONVEYANCE OR ENCUMBRANCE OF THE PROPERTY MUST BE EXECUTED AND ACKNOWLEDGED BY BOTH HUSBAND AND WIFE, PURSUANT TO RCW 6.13 WHICH NOW PROVIDES FOR AN AUTOMATIC HOMESTEAD ON SUCH PROPERTY. r 10. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: JANUARY 6, 1968 RECORDING NUMBER: 731604 AFFECTS: PORTION OF SAID PREMISES s 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: IN FAVOR OF: WASHINGTON NATURAL GAS COMPANY COMPANY PURPOSE: GAS PIPELINES AFFECTS: PORTION OF SAID PREMISES AND OTHER PROPERTY RECORDED: FEBRUARY 2, 1966 RECORDING NUMBER: 733275 x 12. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY CLTACMR2/RDA/0939 3331850 Pale 14 of 3` 01!18r'c'001 09~31A CIT1' OF YELM uR0 $4P.00 Thurstan Cc~, WA CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMPTMENT SCHEDULE B (Continued) Order No.: 2004496 YOI1L NO.: YRI~TTISSxIOE NVLTIYVRYOSE SPECIAL EXCEPTIONS PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: DECEMBER 28, 1979 RECORDING NUMBER: 1100599 AFFECTS: PORTION OF SAID PREMISES AND OTHER PROPERTY L 13. TERMS, CONDITIONS, RESTRICTIONS, AND LIABILITY FOR ASSESSMENTS CONTAINED IN CITY OF YELM ORDINANCE: RECORDED: SEPTEMBER 3, 1998 RECORDING NUMBER: 3176833 x 14. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF SHORT SUBDIVISION AND COVENANTS FOR SS-2363: RECORDED: APRIL 17, 1990 RECORDING NUMBER: 9004170194 x 15. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN SS-2363, RECORDED UNDER RECORDING NUMBER 9004170194. 0 16. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS FOR BLA-1054: RECORDED: APRIL 2, 1991 RECORDING NUMBER: 9104020180 Y 17. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BLA-1054, RECORDED UNDER RECORDING NUMBER 9104020180. 0 18. MATTERS DISCLOSED BY SURVEY OF SS-2363 RECORDED UNDER RECORDING NUMBER 9004170194, AND BLA-1054 AS FOLLOWS: CLTACMFII/RDA/0999 3331850 „ 01~1~/'2001 09 31H CITY OF YELM QRa $4.00 Thurston Ca WR r CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Order No.: 2004496 Your No.: PRA1T/ssalon trtn.TIPIIAP058 SPECIAL EXCEPTIONS FENCELINES DO NOT CONFORM TO PROPERTY LINES. A 19. ANY QUESTION THAT MAY ARISE DUE TO SHIFTING AND CHANGING IN THE COURSE OR BOUNDARIES OF YELM CREEK. s 20. ANY PROHIBITION OR LIMITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER. T 21. PARAMOUNT RIGHTS AND EASEMENTS IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER. a 22. RESTRICTIONS LIMITING THE USE OF PORTIONS OF THE PROPERTY LYING WITHIN CERTAIN DISTANCES OF A WATER WELL AND/OR REGULATING THE LOCATION OF A WATER WELL, RECORDED UNDER RECORDING NUMBERS 3220581 AND 3223247. v 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF YELM PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: PORTION OF SAID PREMISES RECORDED: JUNE 16, 1999 RECORDING NUMBER: 3237463 w 24. "CONSENT FOR USE OF PUGET SOUND ENERGY, INC. TRANSMISSION LINE RIGHT OF WAY" AND THE TERMS AND CONDITIONS THEREOF: BETWEEN AND: AREA AFFECTED: RECORDED: RECORDING NUMBER: x NOTES: r NOTE A: PUGET SOUND ENERGY, INC. THE CITY OF YELM PORTION OF SAID PREMISES DECEMBER 15, 1999 3270227 CLTACM BI/ROA/OA3 3331850 Page lfi at 35 01!18r'2d01 09~31A CITY ~lF YELM ORD $~P.dO Thurston Go, WA EXHIBIT B Description of Properties to be Subject to and the Dollar Amount of Assessments Allocable Thereto. 1. The Original Assessment Parcel owned by the Original Owner, being tax parcel no. 64303600302, shall retain 14 Equivalent Residential Units("ERUs") and shall remain liable for and subject to a principal assessment amount of $25,524.10. 2. The remaining 13 ERUs, and the remaining $23,700.95 principal balance of the total base assessment shall be transferred and relevied against the -following described New Owner's real property, hereinafter referenced as the "New Owner's Parcel": Parcel A of Boundary Line Adjustment No. BLA 00-8260YL as recorded on September 21, 2000, under auditor's file no. 3314745, also described as follows: Lot 3 of City of Yelm Short Subdivision No. SHS-97-8187-YL as recorded September 16, 1997 under auditor's file no. 3109448, together with that portion of Parcel A of BLA-0309, as recorded October 25, 1985, under auditor's file no. 8510250041, described as follows: Beginning on the West line of said Parcel A at a point which bears South 00°46'01" West 352.02 feet from the Northwest corner of said Parcel A; thence South 89°13'59" East 156.00 feet; thence South 00°46'01" West 354.00 feet; thence North 89° 13' S9" West 156.00 feet to said West line; thence along said West line North 00°46'01" East 354.00 feet to the point of beginning; being tax parcel no. 64303500504. 3. Attached hereto as "Attachment One" is evidence that the New Owner's Parcel has a market value of not less than the $23,700.95 assessment principal balance being transferred thereto under this Agreement. Exhibit B, 3331850 Page 1 of 1 Page ~ i? o£ 35 01;'18!001 09 ~ 31A CITY OF 1'ELM ORD $4.00 Thurston Co, WA ATTACHMENT ONE TO EXHIBIT B Evidence of Appraisal of Value of the New Owner's Parcel. 3331850 Page 19 of 35 01?19?001 09~31R CITY OF 1'ELM DRD 84P.00 Thurston Lo, WA PENTAGON VALUATION, Inc. "WE VALUE PUGET SOUND" ESTIMATED MARKET VALUE MIDDLE ROAD PLAT LOCATED AT 16422 MIDDLE ROAD SOUTHEAST YELM, WASHINGTON FOR MR. BEN KEMP VICE PRESIDENT FRONTIER BANK 332 SW EVERETT MALL WAY EVERETT, WASHINGTON BY DOYLE P. DEAN, MAI CERTIFIED GENERAL APPRAISER AND DAVID H. POLLOCK CERTIFIED GENERAL APPRAISER 620 Vista Drive Tacoma, Washington 98465 Voice: 253-305-0971 Fax: 253-305-0974 FILE NUMBER: 00-147 DATE OF VALUE: AUGUST 3, 2000 DATE OF REPORT: AUGUST 25, 2000 3331850 Page 19 of 3` 01/18,•'2001 09 ~ 31A CITY OF YELM ORD $4.00 Thurston Ga, WA Y M - PENTAGON VALUATION, INC. "WE VALUE PUGET SOUND" August 25, 2000 M Mr. Ben Kemp Vice President Frontier Bank 332 SW Everett Matl Way Everett, Washington Re: Estimated Market Value of Middle Road Plat Located at 16422 Middle Road Southeast, Yehn, Washington File Number 00-147 Dear Mr. Kemp: 620 Vista Drive Tacoma, Washington 98465 Voice: 253-305-0971 Fax: 253-305-0974 In accordance with your request, we have inspected the above-mentioned property, which is legally described in this report for the purpose of estimating the market value thereof. Within the attached report you will find the data, the calculations, and the conclusions upon which the fatal estimate of value was based. We certify that to the best of our knowledge the information in this report is correct, that nothing relevant .has knowingly been withheld, and that we have no present or contemplated future interest in the subject property. This appraisal is intended to conform to the format recommendations as set forth by the Appraisal Institute and to our interpretation of all applicable sections of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), the Office of the Comptroller of the Currency (OCC), the Boazd of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), the National Credit Union Administration (NCUA), the Resolution Trust Corporation (RTC), the Uniform Standards of Professional Appraisal Practice (USPAP), and Frontier Bank's policies and procedures for appraisal standards. The USPAP are recognized throughout the United States as generally accepted standards of appraisal practice. 3331850 Page c0 of 35 ai,~'1~r~0~i as:aiR CIT1'lJF 1'ELM DRO $42.00 Thurston Co, WR r r r r i Mr. Ben Kemp August 25, 2000 Page 2 It is our opinion, based on the information contained in this report and other information retained in our files, that the estimated market value of the subject property is concluded as follows: Estimated Value of Land $83,000 At Date of Inspection -August 3, 2000/Raw Land with Plans and $97,000 Preliminary Plat Approval At Completion, Prior to Sell Out, $510,000 J Assumed to be November 1, 2000 Estimated Retail Value of the 22 Single-Family Residential Lots on $660,000 Completion, Assume to be November 1, 2000 Said value estimates are based on the subject being completed in conformance with plans and specifications reported to us and are subject to the attached Assumptions and Limiting Conditions. Based on the expressed opinion of value, the marketing period for the subject property is forecast to be 11 months as discussed within the attached report. Very truly yours, PENTAD/ON VALUATION, INC. Gov ' ~--_ y P. Dean, MAI C ified General Appraiser David H. Pollock Certified General Appraiser DPD/DNP:dmk Attachments 3331850 Page 21 of 35 alri~,~~aai aq:~IA CITY OF YELM 17R~ $42.aa Thurston Lo, WA s-~i.i~a t~c~nn~nitlsorv ni~i~izoncll Location Location adjustments are required when the location characteristics of the comparable properties differ from the subject. Lot Sales LT-1 and LT-2 are superior to the subject and a downward adjustment of 10% will be applied to these sales. Lot Sales LT-3 and LT-4 are similar to the subject and no adjustment will be applied to these sales. Physical Characteristics Physical characteristics between the comparables and the subject may require adjustments. These adjustments typically result from differences in building size, average unit size, quality of construction, age, condition, functional utility, and amenities. Lot Sales L-1 and L-2 are larger than the subject (-10%) but rely on private septic systems for sewer (+15%) for an overall adjustment for both lots of +5%. Lot Sales LT-3 and LT-4 are similar to the subject. Located below is a Summary Table of Adjustments reflecting the adjustments applied to the price per lot for the comparable improved sales. Sununarv Table of Adiustments Sale No. Price/I.ot Location Physical Characteristics Indicated Subject Value LT-1 $31,250 -10% +5% $29,688 LT-2 $35,000 -10% +5% $33,250 LT-3 $25,000-$28,000 0% 0% $25,000-$28,000 LT-4 $26,000-$27,500 0% 0% $26,000-$27,500 Summary and Conclusion Prior to any adjustments, the comparable improved sales indicated a value range of $25,000 to $35,000 per lot. The sales at the lower end of the range reflect older sales of similar properties with the sales agreement for Lot Sales LT-3 occurring 24 months ago. Consideration is also given to our discussions with brokers and developers who believe the residential lot market for the subject properties would command a price of $30,000 per lot. After adjustments, the sales indicate a value range of $25,000 to $33,250 per lot. PENTAGON VALUATION, INC. page 14-12 00-147 Dated August 25, 2000 s o~ ~~ ~~ T~ ~~ ay mg 3331850 Page ~~ of 35 01?13r'~001 dy~31A CIT1' OF YELM ORD $4.00 Thurston C.o: WR tiAI.I:S CONIPARtSON APPROACH The developer indicates that he plans to construct homes in the $110,000 to $125,000 price range. The lot price as a percentage of the sale price for residential market has generally been construed to represent 25% of the purchase price, which would indicate a value for the lots of $27,500 to $31,250. Based on the aforementioned, the estimated value for the subject's lots are $30,000 per lot. Such a value range interpolates into an overall value as follows: 22 Lots @ $30,000/I.ot = $660,000 The estimated value for the subject's lots sold in bulls to one merchant builder is $660,000. a om C 9 m~ i S _~/ T~` Z ayr m ~~ ~Z s 0 4 0 a PENTAGON VALUATION, INC. ~0-147 Dated August 25, 2000 Page 14-13 3331850 Pa~~e ~ ~3 of 35 01x'1$%C001 09~31H CIT1' OF 1'ELM DRD $4,00 Thurston Lo, WA EXHIBIT C Title Report Relative to the New Owner's Parcel. EXn~e;t c, 3331850 Page 1 of 1 Page ~ ~4 of 35 01!18!001 09 ~ 31h CITY l7F YELM l7RD X48.00 Thurston Co, WA = METROSCAN PROPERTY PROFILE _ Thurston (WA) OWNERSHIP INFORMATION Parce! Number :6430 35 00504 S : l9 T : l7N R : 02E Q Owner : Yelm Property Development Llc CoOwner Site Address :16422 Middle Rd SE Yelm 98597 Mail Address: 21709 96Th Ave W Edmonds Wa 98020 Phone Owner Tenant: SALES AND LOAN INFORMATION Transferred :02/29/2000 Loan Amount Document # :3281295 Lender Sa/e Price : $51,573 Full Loan Type Deed Tj pe : Warranty Excise Tar # :276800 Owned :100 Interest Rate Vesting Type ASSESSMENT AND TAX INFORMATION Land : $35,950 Exempt Type Structure % /mproved Total : $35,950 PrvTot Nbrhd Code :0506 Levy Code :170 Sub Area :6430 Mckenna Irrigated Trs 2000 Taxes : $518.40 rPROPERTY DESCRIPTION Census :Tract :124.00 Block : 7 Land Use :11130 Res,Single Family Res,2.51-5 Acres Property Use: I 1 -Single-Unit Prop Type :Mobile-Home Legal :SECTION 19 TOWNSHIP 17 RANGE 2E :PLAT MC KENNA [BRIG TRS LT3 SS978187 03109448 BEING A PTN OF... l of i . l~ `'i.,. The lnjormation Provided /s Deemed Reliable. But /s No( Guaranteed. 3331850 Fate ~ ~5 of 35 01113x'2001 09~31R CITY OF 1'ELM ORO $42.00 Thurston Lo, WR = METROSCAN PROPERTY PROFILE _ Thurstou (WA) Parcel # :6430 35 0050 1 i Bedrooms Bathrooms 4FixtrBths 3FixlrBhts 1FixtrBths ExlraFrxtr Quality BldgCond Units AirMthod HeatTypel HeatSrce/ HeatTypel HeatSrcel Fireplace Bldg Use /ntrMatrl Sewer Type Attic SF Area Description !. 1. 3. Extra Fixtures 4 Bldg # PROPERTY CHARACTERISTICS Year Built Stories LivingArea BsmntTotSF BsmntFnPct GarageType Patio Porch Pool Deck Type GrbgDispsl Dishwasher Range/Oven /ntercom TrschCmpctr: FrameType SpArchCod Water Src SF Units Year Lot Acres :3.46 Lot Sq Ft :150,718 Frontage View RooJMatrl RooJShape Wal/Matl Wa11Mat2 Foundatn FlrCover Vacuum Security FireSprklr Elevator Frontage FT r i i 1 i 1 2 3 4 Profile-Page 2 of 3 The tnjorma(ion Provided Is Deemed 12eliable, Bu! /s No( Guaranteed 3331850 Fage~ 2B of 35 01!13('c001 0y~31A CITY Of YELM DRD S~1F.00 Thurston L'o, WA ~~ charter title corporation 2607 MARTIN OLYMPIA, WA 98506 (360) 357-7067 FAX (360) 357-3541 Judy-Frontier Bank (425) 514-0811 -.:~ Escrow No: Our Order No: 9(16397 Seller: Buyer/BOrrOWer: YELM PROPERTY DEV. SUPPLEMENTAL TITLE REPORT NO. 7 The following matters affect the property covered by this order: (- Deed dated and recorded as file No. (1 Contract dated and recorded as file No. - (-Mortgage dated and recorded as file No. ()Deed of Trust dated and recorded as file No. - l) ()Policy is being issued in accordance with your Instructions. ()Our inspection of the premises on discbses: 1. Paragraph No. 7 of our Special Exceptions is now deleted. 2. NOTE: The Manufactured Home, if any, located on the land described herein is not classified ae real estate pursuant to RCw 65.20 and w111 be expressly excluded from the coverage of the Policy to issue. (XI Except as to the matters reported hereinabove, the title to the property covered by this order has NOT been reexamined. ()There has been no change in the title to the property covered by this order since EXCEPT the matters noted herefnabove. Dated as of October 73, 2000 Charter Title Corpora ~ ~ By= uthotized Signatory ~ ~ 3331850 Fiige ~ ~? ~~f 35 01;'18;~'~0N1 09 ~ 31A CIT1' t7F 1'ELM ORG ~4~.00 Thurston Co: WA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ' 1. Effective Dets: September 25, 2000 Your No.: Our No: CTC - 986397 i 2. Policy or Policies to be issued: ALTA 11982} 1 1 Owners (- Purchssers Amount: S 1 1 Standard 1 1 Extended PremAnn: $ Proposed Inwred: Ta:: $ $ ALTA (1992} Loan 11 Standard IXl Extended Amount: $ l00, 000.00 Re-Org Premium: $ 570.00 Proposed Inwred: Tex: $ 45.60 Frontier Bank $ 615.60 i 3. The esbte or intwest in the land describad in this Coner:itroatt b: ~ Fee Sicople 4. Title to tM estate or intarast N sold land b at 1M effeathn date hereof vested h: Yelm Pzoperty Development, L.L.C. ae to that portion lying within Parcel A of BLA-0309 and Midatate Bank ae to the remainder. 6. TI» land raterred to {n this CamnJtmsnt b described u toNows: THE BXACT LEGAL DESCRIPTION I9 ATTACHED HERETO AS BxHIHIT "A" AND BY REFERENCE j THERETO MADE A FART OF THIS DOCOI~iT. ,r~~~~ C-al to/% 18ebel Harvey, Tltla Officer 3331850 Fage~ ~S of .` CITY CF YELM N1;'18r2t~01 0y~31H ~1Rd X32.09 Thurston Cap WA EXHIBIT A LEGAL DESCRIPTION FOR: CTC - 986397 Parcel A of Boundary Line Adjustment No. HLA00-B260YL as recorded on September 21, 2000 undez Auditor's File No. 3314745, records of Thurston County, Waehirtgtort. ~aa 1N7 3331850 Page ~A of 35 01;'18,001 09 ~ 31A CIT1' OF 1'ELM ORG $42.00 Thurs~~n Cc~~ WA A1.T.A COMIIAITMENT SCHEDl1lE B Order No: CTC - 986397 Schedule B of the policy or potlcbs to be issued wiN coMaln exceptions to the folbwing matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing (lens by the public records. 8. li) Unpatented rrrning claims; (i7 raservationa or exceptions in patents or in Acts authormng the issuance thereof; fill water rights, cleMns or tkle to water; whether or not these matters 17, fd), b tiff) errs shown in the public records; Indian tribal codes or reguletioru, Indian treaty or aboriginal rights. irwrludstg aesairierga or equitable servitudes. C. Extended coverage exceptions, as follows: It} Rights a claims of parties in possession not shown by the public records. (2) Easements, claims of easairients or encumbronces which are not shown by the public records. 13) Encroachments, overlaps, boundary line disputes, or other matters which would be ds:cloaed by en accurate survey and inspacdon of the premises. (4) Any Gon, or right to lien, for services, labor, material or medical assistance heretofore or hereafter furnished, imposed by law and rat shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for newer, water, electricity, other utilities, or garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, pealed, appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the propoced Insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. SPECIAL EXCEPTIONS FOLLOW 3331850 Page 30 0£ 35 01.•' 13r'c001 09 ~ 31 A CITY OF YELM ORO $4P.00 Thurston La, Whl A.L.T.A COMMfTMENT SCHEDULE 8 - Coat4wwd Order Aio: CTC - 966397 1. GENBRAL TAXES FIRST HALF DBLIHQUBlTT MAY 1ST, SECOND HALF DBLIDiQUBNT NOVB!®BR 16Ts MBAR: 2000 AMOUNT: 518.40 AMOUNT PAID: 259.20 AMOUNT DUB: 259.20 TAX ACCOUNT NO: 6430-35-00504-Affecta portion 2. GBNSRAL TAXES FIRST HALF DBLINQUSNT MAY 1ST, SECOND HALF DBLINQUSNT NOVSNBSR 1ST: YBAR: 2000 AMOVNT: as1.7z AMOUNT PAID: 125.87 AMOUNT DDB: 125.85 TAX ACCOUNT NO: 6430-35-00300-Affecta portioa and other property 3. GBNSRAL TAXHS FIRST HALF DSLIN(1fJSNT NAY 1ST, SBCOND HALF DELINQUENT NOVBl038R 1STs YEAR: 2000 AMOUNT: 1541.53 AMOUNT PAID: 770.78 AMOUNT DUB: 770.75 TAX ACCOUNT NO: 6430-35-00400-Affecta a portion and other property 4. Matters relating to question of survey, rights of persons in posseeslon, and unrecorded lieas !or labor or material. Disposition of these matters x111 be determiaed by an inspection of the premises, the results of xhich x111 be famished by supplemental report. 5. DBBD OF TRUST AND THB TBRMS AND CONDITIONS THSRBOF: GRANTOR: R. E. Gallsgher and Jennifer L. Gallagher TRUSTHE: Transnation Title Ineuranoe BENEFICIARY: Mid State Bank AMOUNT: $285,459.34 DATED: January 6, 1998 RHCORDBD: January 30, 1998 RECORDING NO: 3132758-Affecta a portion of this and other property. 6. CONTRACT OF SALE AND THE T88MS AND CONDITIONS THEREOF: SELLER: Robert 8. Gallagher and Jennifer L. Gallagher, Husband and Wife PURCHASER: Jasnea S. Kenny, an unmarried man, dba Road Runner Construction DATED: October 26, 1999 RECORDBD: November 2, 1999 RECORDING NO: 3263892 EXCISE NO: 274390-Affecta a portion of said property 3331850 Pale 31 of 35 d1i1R~'~001 0A 31A CITY OE 1'ELM dRR X12.06 Thurston Co, WR Order No. CPC - 986397 BCEmOLi 8 - Continued The Seller's interest of Robert E. Gallagher and Jennifer L. Gallagher, Husband aad rife, ie now held of record by Mid State Bank, pursuant to Quit Claim recorded November 3, 1999 under Auditor's Pile No. 3263893. PURCHASER'S INTEREST xAS ASSIGN® AND SAID PREMISBS CONVEYED BY: Statutory xananty Deed DATED: February 7, 2000 ABWRDED: February 29, 2000 RECORDING NO: 3281295 EXCIS$ TAX NOs 276800 ASSIGNEE: Yelm Property Development L.L.C., a Naehington Limited Liability Company 7. It has been INDICATED to the Company that there MAY HB a manufactured bane located on the property described herein. Aa EXAMINATION of the public records of Thurston County, however, DISCLOSED that NO Manufactured Home Title Elimination Application or Manufactured Nase Transfer In Location Application has bees recorded pursuant to RCW 65.20. The value of said manufactured hone may be included for Title Insurance coverage providing that the FOLLOxING RHQIIIREMSNTS are met PRIOR to the CLOSING of this TRANSACTION: (A) A PROPERLY completed "Manufactured Home Title 811mination Application" (Porn YTD-420-730) MU3T BE RECORDED is the Thurston County, Recorders Office. (H) AL30, a COPY of the LBTTBR from the Department of Licensing confirming receipt and approval of the Title 811minatioa Application must be submitted to this Company. NOTE: In the event that these REQUIREMENTS HAVE NOT BBEN colleted PRIOR to the CL03ING of this transaction the COVERAGE applied for will be ADJUSTED DONNxARD to reflect LAND VALOE ONLY. 8. SHORT PLAT, INCLUDING TH$ TERMS AND CONDITIONS THEREOF: DATED: July 31, 1999 RECORDED: September 16, 1997 AECORDIN6 NO: 3109447 Conditions and Coveaanta on the face of the map of said Short Subdivision 9. Hasemente as delineated on the recorded Plat. 3331850 ei~isr~d i ay~Alr~ CITY ~1F YELM C1R0 $42.00 Thurston L Order No. CTC - 986397 BCBIDQLR B - COntiauad 10. BOUNDARY LIMB Ap,7USTMBNTS, INCLUDING THB TERMS AND CONDZTZONS 17iQtfi0F: DA7•gD; August 27, 1997 RECORDED: August 27, 1997 R$OORDIN(i NO: 3109448 Conditions and Covenants on the face of the map of said Boundary Line Adjustment. 11. AGREHMENT AND THB TERMS AND CONDITIWIS THSREOF: Bg~ggN; Yelm Property Development, LLC per; City of Yelm i ~~; September 21, 2000 RgCpRD~; September 21, 2000 j RECORDING NO: 3314747 L 3314748 4 3314749 j Regarding: Waiver of Protect; Special Power of Attorney 6 LID/ULID/Latecomer Agreement 8ND OP SCBEDULB B mac Fos Your Convenience The following ie an abbreviated legal description which can ba used oa Page 1 of your documents is order to comply with the New State Document Format Regulations: BLA00-8260YL, Lot A Thurston County tax rolls show the following address of record to subject property: 16422 Niddls Street SE, Yelm, Washlagton 98597 3331850 Page 33 of 35 I,iTY f1F YELM dR~ 3~4P.00 Thursto~~G~,ayW~IH EXHIBIT D Evidence of Authority of Denny Balascio to Sign on Behalf of the New Owner. E"n'b`t n, 3331850 Page 1 of 1 p~,~~ : 34 of 35 a1i18?~aal as~31A _._„ .,~ „~, ,, nan 4'4? 66 Thurston Co, WA CONSENT OF MEMBERS OF YELM PROPERTY DEVELOPMENT, LLC Pursuant to statute and the limited liability company agreement of the Limited Liability Company, the undersigned, being all of the members of the Limited Liability Company, by this instrument hereby consent to the adoption of the following resolution: Denny Balascio, as a member and manager of the Limited Liability Company, has authority to execute, enter into and fully comply with all terms and conditions of the "Agreement Regarding Sale of Equivalent Residential Units" and "City of Yelm Local Improvement District No. 1 Agreement with Respect to Certain Assessments", with respect to the acquisition of 24 "ERUs" from Laura L. Pratt, which presently are appurtenant to the Pratt Property located in Thurston County, Washington, described as follows: Parcel B of Boundary Line Adjustment No. BLA-1054, as recorded April 2, 1991, in Volume 10 of Boundary Line Adjustments, pages 594 through 597, inclusive, under auditor's file no. 9104020180; and as part of said agreements to affect the transfer of 13 of said ERUs to the following described property of the LLC in Thurston County, Washington: Parcel A of Boundary Line Adjustment No. BLA 00-8260YL as recorded on September 21, 2000, under auditor's file no. 3314745. YELM PROPERTY DEVELOPMENT, LLC Denny scio, Member Date Loren Wade, Member Date 3331850 Page 35 of 35 atrts,~~~aat as~stR -fT~, nr ~~ri M ORO $4.00 Thurston Coy WR