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Project Rev & CorrespondenceCity of Yelm Community Development Department P.O. Box 947 Yelm, Washin~tr~n 98597 (360) 458.3835 www.ci.yelm.wa.us September 4, 2003 Scott Weber Crest Builders, Inc. 5516 75th Street West Lakewood, WA 98499-7955 Dear Scott: This letter is in response to your request to abandon the irrigation system required as part of the approval of Crystal Creek Estates (SUB-00-8251-YL and SUB-01-8294-YL). Specifically, you wish to abandon the irrigation system on the north side of 93~d Street between the curb and sidewalk. Because the system was required as part of the subdivision approval and the abandonment of the system shifts responsibility for maintaining the planter strip to individual property owners, the system may only be abandoned if each property owner acknowledges that they understand this shift in responsibility. Once a statement signed by each property owner, in substantially the following format, is returned to the Community Development Department, the City will make arrangements for the system to be disconnected. I understand that once the irrigation system between the curb and sidewalk is abandoned, I will be responsible for ensuring that sufficient water is provided to the street trees to ensure their health and that, if the street trees in front of my property do not survive, 1 will be responsible for their replacement. If you chose to repair the system, the City will accept deposit of 150°~ of the anticipated cost of repair into the City's trust account as a form of financial guarantee. If you have any questions regarding this matter, please feel free to contact the Department of Community Development. Beck, Director tment of Community Development September 2, 2003 City of 'Yelrrt Atm. Gary Carlson /aim Gibson 105 Yelm Ave. w. ~'ehn, wA. 98597 Dear Sirs: As the administrators of the Crystal Creek Homeowners Association we are requesting that the irrigation system watering the lawn strip between the sidewalk and cub on the west side of the road be disconnected, and that each homeow~p~er be allowed to maw and wafer this area on their own. The undeveloped side wiII stay in operation until the trees there have matured. Field grass is all that is there currently and only requires mowing, along with the buffer area at the south end. we understand that iFthe homeowners do not maintain this area that the City of Yehn will come in and maintain it at a cost to the association. It only stands to reason however that if the owner. arc mowing and watering their own yards that they will take care of this area as.weil. Nothing has been represented to them that the City is at all responsible for this right now. And it is our understanding that is currently the case. I Iook forward to hearing from you as soon as possible. I can be reached ai 253-606-6166. incerely, c e ,,4geut I Crystal Creek HOA l00'd wti ~i:Qn ant nnn~_~n_aac I ~,~~ T1H~ p ~ ~ Cit o I'elm y 105 Yelm Avenue West P.O. Box 479 Y E LM Yelm, Washington 98597 WMNINO70N (360) 458-3244 Transmittal Letter To: Interested Parties Company: Address: City, St Zip Items transmitted for: ^ Review and comment ^ As Requested Date: March 12, 2002 Re: Recorded Documents File No: SUB-Ol-8294-YL Name: Crystal Creek Estates ® For your records ^ Other Land Use A lication Civil Plan Review Binding Site Plan Review Subdivision Review Environmental Review Remarks: Attached please find the final recorded documents for SUB-O1-8294-YL, Subdivision, for Crystal Creek Estates. Signed: Cathie Carlson Community Development Director eturn Address ity of Yelm athie Carlson ~ Box 479 elm, 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. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: 22718330100 INIII~IIIMINIVnIN~IIINMIWNN~IIVU aF,6~~~~,s,a form \\':\-> (6:?61 Commitment f'9CC f~:13e `~~~ a~S E R/Cq ~c ~' 0~ , ~ L COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor or the proposed Insured named in Schedule A, as owner or mortgage of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the 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 indorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by and authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by and authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." J ! ~\~ ~ E ,I ~ s ~9,~ ~~4~ F"~rsrArnerrcan Tide Insurance Company "~ V ~, ~ PRES1f~N' 4 y .- ~ SEPTEMfiEe 24. ~ b J' '• ~ d '._ 19bE .' ? if A7TES ~~ /~~iZy~i~j/ SECRETPAY z~41ff0~~~ f -A' T /~~ COUNTERSIGNED ~III~III~N~~N~III~~NIUWINN ~;,,o.~e ya 1 .; \ \1 t: l~ ~ ~' ~ ~ l \\~ ~/~~ ~~ *~ First American ~"itle Insurance C'.ompany 66~ WOODLAND SQUARE LOOP S.E. LACEY, WA 98503 (360) 943-9350 FAX (360) 352-7417 DON PETERS MARK MORGAN IVIARI BECKLEY TITLE OFFICER TITLE OFFICER/MANAGER TITLE OFFICER SUBDIVISION GUARANTEE ORDER NO.: T856465- LIABILITY: $1,000.00 FEE: 230.00 TAX: $18.40 REFERENCE NO.: SEC. 18 T17N R2E SW QTR SW QTR FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES BLOOM & ASSOCIATES HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY. LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN. ?. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH. BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FORTH ABOVE. THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER ~R.I7. R.C.W.. AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING T[TI_E TO SAID PROPERTY. DATED: Ort~~hrr 1 ~._O(l l A.T S:OU A.M. /~ A /~I/ ~ 'I'fhLE OFFICER AIIIIVIIIIYI~III~IYNIIIIIIIRIYIVnIVIIIIV a~;'~`m~ s,m SUBDIV1SlON GUAKf,~.I'EE ORDER NO. T856465- SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: A. TITLE IS VESTED IN: ANNETTE DURKIN, AS HER SEPARATE ESTATE B. THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE: 1. UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. 2. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 3. TAX DEEDS TO THE STATE OF WASHINGTON. 4. DOCUMENTS PERTAINING TO MINERAL ESTATES. DESCRIPTION: THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M.. IN THURSTON COUNTY, WASHINGTON, LYING EASTERLY OF YELM CREEK; EXCEPTING THEREFROM THE NORTH 512.75 FEET; ALSO EXCEPTING THEREFROM THE EAST 20 FEET FOR COUNTY ROAD KNOWN AS CRYSTAL SPRINGS ROAD; ALSO EXCEPTING THEREFROM THAT PORTION. IF ANY, LYING WITHIN THAT CERTAIN TRACT CONVEYED TO FRANK A. SCHARMANN AND ZORA SCHARMANN. HUSBAND AND WIFE. BY DEED RECORDED MARCH 30. 190 UNDER RECORDING NO. 46210. RECORD MATTERS: GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2001 AMOUNT BILLED: $562.31 AMOUNT PAID: $281.15 A~90UNT DL"E: $281.16. PLUS INTEREST AND PENALTY. [F DELINQUENT TAX ACCOUNT NO.: 2271-83-30100 ASSESSED VALUE OF LAND: $39~i00.00 ASSESSED VALUE OF I~IPROVEI~tENT: $0.00 iuiui~uu~~hi~~~y~~n~~u~ ~kn~o..~ uw URDI;R NO. '1'856465- NOTE: GENERAL TAXES ON THE MOBILE HOME FOR THE YEAR 2001 WHICH HAVE BEEN PAID. AMOUNT: $446.28 MOBILE HOME TAX ACCOUNT NO.: 9980-04-27200 2. IF THE MOBILE HOME LOCATED UPON THE PREMISES IS TO BE INSURED UNDER THE POLICY TO ISSUE HEREUNDER, A MANUFACTURED HOME TITLE ELIMINATION APPLICATION (FORM TD 420-730) PURSUANT TO CHAPTER 6.20 RCW MUST BE RECORDED IN THE THURSTON COUNTY RECORDING OFFICE. NOTE: A FEE WILL BE CHARGED BY THE STATE OF WASHINGTON DEPARTMENT OF LICENSING FOR PROCESSING A "MANUFACTURED HOME TITLE ELIMINATION APPLICATION". ABSENT THE RECORDING OF SAID MANUFACTURED HOME TITLE ELIMINATION APPLICATION, THE MOBILE HOME IS NOT CONSIDERED REAL PROPERTY AND WILL NOT BE COVERED BY OUR POLICY OF TITLE INSURANCE WHEN ISSUED. PLEASE ADVISE AT THE TIME OF CLOSING WHETHER A MANUFACTURED HOME TITLE ELIMINATION WILL BE EXECUTED. FOR CURRENT INFORMATION REGARDING APPLICABLE FEES, CHARGES, AVAILABILITY OF PROCESSING FORMS AND/OR PROCEDURE INQUIRIES, CONTACT: THURSTON COUNTY: (360) 786-5406 RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 542526, RESERVING ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME. REFERENCE TO WHICH SHOULD BE MADE FOR THE PARTICULARS. ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON IT. KM/EJH nIIIVIIIVI~IIIIIINIIIIAIYIIIIIIII~III~IVI ~arss~°'~~. Form No. 1755 Commitment, Conditions and Stipulations COMMITMENT Conditions and Stipulations 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith la) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the I nsuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment. iu~~n~u~u~~~~~~u~ ~m~s~~s,:w .eturn Address 'ity of Yelm athie Carlson O Box 479 elm, 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. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: 22718330100 i~~~~~u~~auiun~~ a~~.~~« RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN Annette Durkin THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND Cary of Yelm (HEREINAFTER "Jurisdiction') The upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP's) are essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMP's. LEGAL DESCRIPTION: Parcel number 22718330100 located in Section 18, Township 17 North, Range 2E, W.M. Thurston County, Washington. Whereas, OWNER as constructed improvements, including but not limited to, building, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction to ensure the protection and enhancement of Jurisdiction's water resources, the Jurisdiction and OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment ..A.. (2) Maintain a record (in the form of a log book) of steps taken to implement the progranls referenced in (1) and (2) above. The log book shall be available for inspection by appointment at 40905 96~' Ave. E., Eatonville, WA 98328. The log book shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow-on actions recommended. Maintenance items ("problems") listed in Attachment "A' shall be inspected on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its monthly inspections. These completed checklists would then, in flI~IIVIIIII~VINInV~III~IN~VIIII~V~ ~'d,egw°~~F combination, comprise the monthly log book. (3) Submit an annual report to the Jurisdiction regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone number of the business, the person, or the firm responsible for plan implementation, and the person completing the report. (b) Time period covered by the report. (c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities for the next year. THE JURISDICTION SHALL: (1) Maintain all stormwater system elements in the public rights-of-way, such as catch basins, oil- water separators, underground sandfilters, underground infiltration galleries and pipes. (2) Provide technical assistance to OWNER in support of their operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as Jurisdiction time and resources permit, at no charge to OWNER (3) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER (4) Review this Agreement with OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the Jurisdiction shall give OWNER notice of the specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, written notice will be sent to OWNER stating the Jurisdiction's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said ~INNIflNINInIIINIIIVI~IVIIIIII~IIIVI~I ~~a,'~~„o,~F threat. No notice to the persons listed in (1), above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grants unrestricted authority to the Jurisdiction for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the Jurisdiction in the preceding section. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. Owner Owner STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On his day a~ad year above personally appeared before me, ~~~~~~ ~,1~.~ and - known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. ' ~i.Ot~~ _~ ,. ~ ~~i~~m`~~Q~ ~°~.~~~~ ~~ = ary Public in and for the State `~~~~~~ ~~' ~r"~ ~~~~~ ~l,b°~ Washingt , residi in t.~.~.~.,. '-lsr~ ~f~,-,.v _~..~.. My commission expires e I~~NIM~VI~III~IIIVIflI~IIIII~I~VIVI mva,s'~~~~~a PART III MAINTENANCE PLAN SECTION 1 -REQUIRED MAINTENANCE The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: 1.Monthly from November through April. 2.Once in late summer (preferably September). 3.After any major storm (use 1" in 24 hours as a guideline) items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "Checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggest frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. i~ui~i~u~~~~~~u~ n~„«~o ua ATTACHMENT "A": MAINTENANCE PI~OCRAM Maintenance Checklist for Conveyance Systems (Pipes, Ditches and Swales) Frequency Drainage ~ Req'd Problem Conditions To Check For Conditions That Should Exist System Feature M.S. Pipes ~ Sediment & Accumulated sediment that Pipe cleaned of all sediment and debris exceeds 20% of the diameter debris. of the pipe. M ~ Vegetation Vegetation that reduces free All vegetation removed so water movement of water through flows freely. pipes. A ~ D amaged Protective coating is Pipe repaired or replaced. (rusted, bent damaged, rust is causing or crushed) more than 50% deterioration to any part of pipe. M ~ Any dent that significantly Pipe repaired or replaced. impedes flow (i.e., decreases the cross section area of pipe by more then 20%). M ~ ~ Pipe has major cracks or Pipe repaired or replaced. tears allowing groundwater leakage. M.S. Swales Trash & Dumping of yard wastes such Remove trash and debris and debris as grass clippings and dispose as prescribed by County branches into awale. Waste Management Section. Unsightly accumulation of non-degradable materials such as glass, plastic, metal, foam and coated paper. M Sediment Accumulated sediment that Swale cleaned of all sediment and buildup exceeds 20% of the design debris so that it matches design. depth. M Vegetation Grass cover is sparse and Aerate soils and reseed and mulch not growing weedy or areas are bare areas. Maintain grass height or over-grown overgrown with woody at a minimum of 6" for beat vegetation. stormwater treatment. Remove woody growth, recontour and M reseed as necessary. Conversion Swale has been filled in or If possible, speak with homeowner by home- blocked by shed, woodpile, and request that awale area be owner to shrubbery, etc. restored. Contact County to incompatible report problem if not rectified 4 use voluntarily. ` Swale does Water stands in awale or A survey may be needed to check not drain flow velocity is very slow. grades. Grades need to be in 1% Stagnation occurs. range if possible. If grade is less than 1°h, underdrains may need to be installed. Tf., .,.~,.._~.__ _ _~,-- _ - a r=~~=mow cx,~~e, please concacc cne durisgiction and ask for technical assistance. ATTACHMENT "A" (CONTINUED) iu~~~~~~~~m~~ ~w,s,~p3,a,a Maintenance Checklist for Catch Basins and Inlets Frequency Drainage J Req'd Problem Conditions To Check For Conditions That Should Exist System Feature M,S General J Trash, Trash or debris in front of the No trash or debris located debris, and catch basin opening is blocking immediately in front of catch sediment capacity by more than 10%. basin opening. Grate ie kept in or on clean and allows water to basin enter. M J Sediment or debris (in the No sediment or debris in the basin) that exceeds 1/3 the catch basin. Catch basin is depth from the bottom of basin dug out and clean. to invert of the lowest pipe into or out of the basin. M,S J Trash or debris in any inlet or Inlet and outlet pipes free of pipe blocking more than 1/3 of trash or debris. its height. M J Structural Corner of frame extends more Frame is even with curb. damage to than 3/4 inch past curb face frame into the street (if applicable). and/or top slab M J Top slab has holes larger than 2 Top slab is free of holes and square inches or cracks wider cracks. than 1/4 inch (intent is to make sure all material is running into the basin). M J Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more slab. than 3/4 inch of the frame from the top slab. A J Cracks in Cracks wider than 1/2 inch and Basin replaced or repaired to basin longer than 3 feet, any evidence design standards. Contact a walls/ of soil particles entering catch professional engineer for bottom basin through cracks, or evaluation. maintenance person judges that structure is unsound. A J Cracks wider than 112 inch and No cracks more than 1/4 inch longer than 1 foot at the joint of wide at the joint of inleUoutlet any inlet/outlet pipe or any pipe. evidence of soil particles entering catch basin through cracks. A J Settlement Basin has settled more than 1 Basin replaced or repaired to /misalign- inch or has rotated more than 2 design standards. Contact a went inches out of alignment. professional engineer for evaluation. i~u~~~~u~~~~u~~u a~,s~~~,a~ Frequency Drainage System Feature J Req'd Problem Conditions'fo Check For Conditions That Should Exist M,S J Fire hazard Presence of chemicals such No color, odor, or sludge. Basin is or other as natural gas, oil, and dug out and clean. pollution gasoline. Obnoxious color, odor, or sludge noted. M,S J Outlet pipe is Vegetation or roots growing No vegetation or root growth clogged with in inletloutlet pipe joints present. vegetation that is more than six inches tall and less than six inches apart. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms ~IINK~I~~IINnI~NN~III~~INhV~ aH ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage J Req'd Problem Conditions To Check For Conditions That Should Exist System Feature M,S General Trash & See Maintenance Checklist for See M9intenance Checklist for debris Ponds. Ponds. buildup in pond M Poisonous See Maintenance Checklist for See Maintenance Checklist for vegetation Ponds. Ponds. M,S Fire hazard See Maintenance Checklist for See Maintenance Checklist for or pollution Ponds. Ponds. M Vegetation See Maintenance Checklist for See Maintenance Checklist for not growing Ponds. Ponds. or is overgrown M Rodent holes See Maintenance Checklist for See Maintenance Checklist for Ponds. Ponds. M Insects See Maintenance Checklist for See Maintenance Checklist for Ponds. Ponds. A Storage area J Sediment A soil texture test indicates Sediment is removed and/or buildup in facility is not working at its facility is cleaned so that system designed capabilities or was infiltration system works incorrectly designed. according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A J Storage area A soil texture test indicates Additional volume is added drains facility is not working at its through excavation to provide slowly designed capabilities or was needed storage. Soil is (more than incorrectly designed. aerated and rototilled to 48 hours) or improve drainage. Contact overflows the City for information on its requirements regarding excavation. M J Sediment Any sediment and debris Clean out sump to design trapping filling area to 10% of depth depth. area from sump bottom to bottom of outlet pipe or obstructing flow into the connector pipe. One Time J Sediment Stormwater enters infiltration Add a trapping area by trapping area duectly without wnstructing a sump for area not treatment. settling of solids. Segregate present settling area from rest of facility. Contact City for guidance. 3416163 Page 9 of 10 03;01r~000 ill?A ai;R 4iP A9 Thursl~n Co, WA Frequency Drainage System Feature J Req'd Problem Conditions To Check For Conditions That Should Exist M Rock filters J Sediment By visual inspection little or Replace gravel in rock filter. and debris no water flows through £lter during heavy rain storms. S Infiltration J Infiltration Standing Water in Excavate bottom of trench as Trenches Failure Inspection Well After 48 necessary but at least 3 feet. hours after storm or Replace with crushed rock. Overflow during Storms Check pretreatment systems for effectiveness. Check tributary area for sediment sources. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms SECTION 2 -RESPONSIBLE ORGANIZATION The owner':l or owner's representative shall be responsible for the operation and maintenance of all onsite drainage facilities. SECTION 3 -VEGETATION MANAGEMENT PLAN All disturbed pervious areas within the site will be landscaped to provide an aesthetically pleasing environment. 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' ~ ~ 118.89' _ ~ 0 512.75' - N 012!'00"E w~29.50 T48.39'-- - - - w ________1322.29___CRYSTAL SPRINGS_RD___~--_______-__ eturn Address ity of Yelm athie Carlson 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions of Crystal Creek Estates 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: 22718330100 3416176 Pagr~ 1 a£ i$ NNNF'TTF fIIIRKiN LbU $26.66 ThU~5ta00Go11WA4R eturn Address ity of Yelm athie Carlson 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions of Crystal Creek Estates 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: 22718330100 3416176 PagE~ 1 of 18 ANNFTTF f111~KTN COU 42E.0N Thu~stonAAl;a11WA~A AFTER RECORDING RETURN TO: RICHARD E. BONESS 40905 96"' Ave. E. Eatonville, WA 98328 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS LEGAL DESCRIPTION: That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of YeIm Creek ASSESSOR'S TAX PARCEL NO: 22718330100 fi THIS DECLARATION IS MADE THIS '~i DAY OF '(~1(~ ~'C "~ ; 2002 by ANNETTE DURKIN, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH WHEREAS, Declarant is the owner of certain real property in the City of Yelm, Thurston County, as recorded /~ under Auditor' File NO. s3~/(~I ~S~n Thurston County, Washington. Lots 1 through 13, and the common areas of Crystal Creek Estates, as recorded in the office of the Thurston County_ Auditor on day of ~(~(1(j,/~ (~~ 2002 under Thurston County Auditor's Fie # ~ (hereinafter referred to as "the property" or "properties"); and WHEREAS, Declarant will convey certain of the said properties, subject to certain protective covenants, conditions and restrictions, reservations, liens and charges as hereinafter set forth. NOW, THEREFORE, Declarant hereby declares that the properties described in ARTICLE II hereof shall be held, sold, conveyed, subject to the following easements, restrictions, reservations, charges, liens, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property. These easements, restrictions, reservations, charges, liens, covenants, and conditions shall nin with the real property and shall be binding on all parties having 3416176 Page ~ of 18 03;'01 r'2002 11 ~ ^c4A ouurrrc niio~rtu CiIU t~6 A6 Thurston Co, WA or acquiring any right, title or interest herein and/or on all parties having or acquiring any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section I. "Association" shall mean and refer to Crystal Creek Estates, a Washington nonprofit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein after described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Areas" shall mean all real property including the improvements thereto owned by the Association for the common use and enjoyment of the owners. Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the recorded subdivision map of the Properties with the exception of the Common Areas. Section 6. "Declarant" shall mean and refer to ANNETTE DURKIN, her successors or assigns who should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration is located in, Thurston County, Washington, and is described as follows: 3416176 Fage~ 3 of lA 63?01?062 11~~4A ANNFTTF f1lIRKiN L.LIU $2$.60 ThursEen Co, WA Lots 1 through 13, as contained on the Plat of Crystal Creek Estates per that certain Plat recorded in the office of the Thurston County Auditor on day of ,2002_ under Thurston County Auditor's File # All of which property shall hereinafter be referred to as the "property" or "properties". Legal description attached as Exhibit A. ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Pro e No structure or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential lot other than a residential dwelling, not to exceed two stories in height, with a private garage or carport for not less than two or more than three standard size passenger automobiles and one recreational vehicle, each lot shall provide at least four off street parking spaces including the garage, carport or driveway. During construction of a residential structure, a construction office and construction materials may be maintained, by the builder, on a residential lot. Also, fences in compliance with Section 7 and Section 8 herein, and outbuildings that service a residential structure that are in compliance with Section 3 herein, are allowed. Section 2. Automobiles Boats. Trucks Trailers. Recreational Vehicles. The streets within the plat shall not be used for over night parking of any vehicles for more than seven (7) consecutive days, other than private automobiles. This covenant specifically prohibits the street storage of automobiles, boats, trucks, trailers or recreational vehicles. No owner of any residential lot shall permit any vehicle owned by such lot owner, any member of the lot owner's family or any guest, acquaintance, or invitee to be parked upon any street or upon any lot within the property for a period in excess of seven (7) days where such vehicle is non-operational, in repair or abandoned unless such vehicle is on a lot and enclosed in a garage or outbuilding, or screened by 3416176 Page ~ 4 u! 1$ ANNFTTF fIIIRKiN Cl]U $28.66 Thur~stoneL,}11~A4R a fence (in accordance with Section 7) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 3. Residential Use of Temporary Structures Prohibited. No trailer, tent, shack, garage, barn or other outbuildings or any structure of any temporary character erected or placed on the property shall at any time be used as a residence either temporarily or permanently. Section 4. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Cats, dogs, birds or other household pets may be kept if they are not kept, bred or maintained for any commercial purpose; provided however, that they shall not be kept in numbers or under conditions so as to become a hazard to health, safety and/or the quiet enjoyment of any lot subject to this declaration. Any kennel or dog run must be screened from view of the street. Any dogs must be kept so as to minimize excessive noise from barking or they shall be considered a nuisance according to the terms of the covenants. Section 5. Mortgages Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots. Title to any property obtained as a result of any foreclosure proceeding shall specifically be held subject to all of the provisions herein. Section 6. Building Setback No building or detached structure (with the exception of fences as described in Section 7 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house. aNN~rr~ rniRk~rN P g 16 $76 1.$ - COI~ x'8.00 ThurOstu~ Gc11~~4h1 Section 7. Fence Requirements Fences shall not exceed six (6) feet in height. Fences shall be well constructed of suitable fencing materials and shall be artistic in design and shall be in architectural harmony with the buildings and fences of adjacent lots. No fence, wall or hedge over three (3) feet in height shall be erected, placed or altered on any lot nearer to any street than the building setback line, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said wall. All fences shall also meet the requirements of Section 12 where necessary. Section 8. Easements. Easements for utilities, drainage, and access are reserved as delineated on the recorded plat map. If the storm conveyance pipes from the streets to the swales must be repaired the Homeowner's Association shall restore the easement reasonably to its former condition. Within these easements no structure, planting or other material shall be placed or permitted to remain, which may damage or interfere with the installation and maintenance of utilities or which may change the direction or flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 9. Sighs. No sign of any kind shall be displayed to the public view on any lot except professionally produced signs that total not more than three square feet, advertising the property for sale or rent,. and/or signs used by a builder to advertise the property during the construction and sales period are permitted. Signs of a political nature may be displayed from ~0 days prior to any election or primary 3416176 Page 6 of 18 03'01;'8008 11 ~ 24h ANNFTTF l1lIRKiN LLIU $26.00 Thurston L"a, Wfi election day and 30 days following election or primary election day. Section 10. Oil and Minim Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot nor shall oil wells, tanks, humels, mineral excavations or shafts be pernitted upon or in any lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any lot. Section 11. Water Supply. No individual water supply system shall be permitted on any lot. Section 12. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 13. Garbage and Refuse Disposal. No lot, open space or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate contauiers for proper disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into or upon streets, ditches or adjacent property. The removal and proper disposal of all such materials shall be the sole responsibility of the individual lot owner. All containers for the storage or disposal of such material shall be kept in a clean and sanitary 3416176 Page 7 a£ ld 5~~'01;'P00P 11 ~4A ANNFTTF ~IIRKiN Ll7U $2F.0N Thurston Le, WA condition. Section 14. Dwelling Size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 850 square feet for aone-story dwelling, nor less than 750 square feet for a dwelling of more than one story. Section 15. Nuisance. No noxious or offensive activity shall be carried on upon any residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the value of the property of any neighbor or of the neighborhood in general. Section 16. Firearms .The shooting of any type of weapon or firearm is prohibited, including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots. Section 17. Landscaping. The builder shall install or have installed prior to the occupancy of any home, landscaping of the front and at least one halfway through the side yards. The front yards shall be grass to the sidewalk pavement and grass to grass in the front yards. Yards shall be regularly mowed, trees and bushes shall be neatly maintained at all times. Section 18. Stormwater Facility. Tracts shall be dedicated to the Homeowners Association, and the Homeowners Association shall be responsible for and maintaining the Stormwater Drainage Facilities and the access within the plat. Section 19. Owners Easements and Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to 3416176 Page 8 of 1R 03?01?~60~ 11~~4A ANNFTTF Illl~'I(iN Ll7U 426.00 Thurston Le, WA every Lot, subject to the following provisions; Section 20_ Delegation of Use Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Areas and facilities to the members of his family, residents of his household, his tenants, or contract purchasers who reside on the property. ARTICLE IV Section 1. The Association shall have two classes of voting membership. Section 2. Class "A"--Class "A" members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Section 3. Class "B"--Class "B" member(s) shall be the Declarant or successor and shall be entitled to four (4) votes for each Lot owned. The Class B membership shall cease upon the happening of either of the following events, whichever occurs earlier: (1) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (2) On December 31, 2006. Section 4. FHA/VA Ap royal. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration; Annexation of additional properties, dedications of 3416176 P~ge~ 9 0! 1S 03r'OL~'P00~ 11~~4H ANNFTTF [illRkiN LOU 426.00 Thurston Go, WR Common Areas and amendment of this Declaration of Covenants. Conditions and Restrictions. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1,_ Creation of the lien and Personal Obligation for Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the improvement and maintenance of the Stormwater Facilities and landscaping for the payment of reasonable costs to the association for insurance, accounting or legal fees. Section 3. Maximum Annual Assessment. Until December 31, 2005, the 3416176 Page 10 at lA ANNFTTF f111RKTN aa~elf~ae~ 11~~4A COU 9~'E.66 Thurston CG, WA maximum annual assessment shall be Two Hundred Dollars ($200.00) per lot. (a) From and after December 31, 2005, the maximum annual assessment may be increased 5% or less by a majority vote of the Board of Directors and may be increased above 5% by a vote of fifty percent (50%) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (b) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual 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, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the consent of fifty percent (50%) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action under Sections 3 and 4 shall be sent to all members no less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such 3416176 Page 11 of 1~ 03r'01/~00c 11~~4A ANNFTTF I111Rk'TN Ll1U 46.00 ThurSZon L'o, WA subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed, and uniform rates for all Lots and may be collected on a monthly or annual basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Areas. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of annual assessment shall be sent to every owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding on the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve (12%) per annum. The Association may bring action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his lot. Section 9. Subordination of the lien to Mort a. es The lien of the assessments provided for herein shall be subordinate to lien of any first mortgage. Sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien and such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from 3416176 Pa~e~ 1~ of 18 d'3~'01!~0dc 11 ~ ~4Fi AuNFTTF I111RkTN CuU 36.00 Thurslan l'•a, WA liability for any assessments thereafter becoming due or from the lien thereof Section 10. Every owner of a Lot that is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. Section 11. All monies collected by the Association must be used solely for the purpose(s) for which the funds were collected and this section may not be amended for any reason whatsoever. ARTICLE VI MAINTENANCE OF UTILITIES, DRAINAGE FACILITIES Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities, access road, drainage facilities and open space as delineated on the plat of Crystal Creek Estates, records of Thurston County. No encroachment will be placed within the easements which may damage or interfere with the installation, inspection and maintenance of utilities. If the Homeowners Association must work within any easement it shall complete the work within a reasonable time and reasonably restore landscaping. All operations and maintenance of the stone drainage facilities, including all expenses, shall be paid by the Homeowner's Association. In the event the Homeowner's Association, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Homeowner's Association or successors willfiilly or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Homeowner's Association or successors agree to the following remedy: After thirty (30) days notice by registered mail to the 3416176 Fage ~ 13 ~f 18 03101r'~0a~ 11~~4A ANNFTTF Illlk'KiN LOU ~2~.66 Thurston Coy WA Homeowner's Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design for all costs associated with 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 the properly and/or on lots in the plat of Crystal Creek Estates for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Homeowners Association or successors. Section 2. Maintenance of Facilities. (a) The Homeowners Association hereby covenants and agrees to maintain in good order and repair the storm water facilities, located in designated easements to the requirements and standards of the City of Yelm, and all fences and equipment appurtenant to same. If in the opinion of the City of Yelm the facilities are not maintained to the city standards, a fee may be charged to each property owner by the Homeowners Association for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowner's Association or repairs can be done by the members, as long as work meets with City of Yelm standards. b) All storm water runoff from rooftops shall be handled to retain all runoff onsite as per the City of Yelm standards in place at the time of home construction. Section 3. Maintenance Schedule. Maintenance schedule for drainage system components shall be completed as outlined in Exhibit B. Section 4. The Crystal Creek Estates Homeowners Association shall provide the storm drainage maintenance as required in the Residential Agreement to Maintain Stormwater Facilities and to Implement a Pollution Source Control Plan recorded in Thurston County. Section 5. Approximate Maintenance Schedule for Drainage System Component. This is 3416176 Pa~e~ 14 of 13 03!01,'2N6c 11 ~ ~4N nuurrTr n~ ievni i^i d l ASR. Ap Thurston GG, WA attached in A. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, Crystal Creek Estates Homeowners Association and/or owner of any lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this declaration; provided however, that the Declarant's right to enforce the provisions of this declaration shall terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this declaration; and provided further, however, that the termination of the Declarant's power to enforce this declaration shall in no way affect the power of any successor, lot owner or Crystal Creek Estates Homeowners Association to enforce the terms and conditions of this declaration. In any action to enforce the terms and conditions of this declaration, the party prevailing shall be entitled to an award of such party's costs, including attorney's fees, against the non-prevailing party for all costs incurred with respect to the enforcement of this declaration. Failure of the Declarant or any such owner or contract purchaser or Crystal Creek Estates Homeowners Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall insure to the benefit of and be enforceable by the owner of any lot subject to this 3416176 Fa~e~ 15 of 1$ 03.01!200 11 ~ ~~1R AFJIJCTTF fII IRk TN LLIU gc6.00 Thurston Co, WN declaration, including the Declarant, Crystal Creek Estates Homeowners Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this declaration is recorded, after which time said covenants shall be automatically extended successive periods often (10) years, unless an instrument terminating all covenants, which is signed by not less than the owners then owning ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any period thereafter, of the property subject to this declaration and any supplemental declaration shall have been recorded with the Thurston County Auditor. The covenants and restrictions of this declaration may be amended or by an instrument signed by not less than the owners of seventy-five percent (75%) of the lots. Amendments shall take effect when they have been recorded with the Auditor of Thurston County. 3416176 Fage~ if at 15 6,3161f~662 11~2~H ANNFTTF [1lIRkiN LL1U X6.66 ThurStun Gu, WA IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set her hand and seal this day of ram '2001. ANNETTE DURKIN STATE OF WASHINGTON} )ss. COUNTY OF ~~sTON ) IStiJLe~ On this 1 O day of C~ 2001, before me, the undersigned, a Notary Public in and, for the State of Washington, duly commissioned and sworn, personally appeared ANNETTE DURKIN, to me known to be the President, of 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 she was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name. _ '~ NOTAR PU LIC in and I'e~• the State of Washington, residing at ~ l~~L.~toe~.~ My commission expires: p~ a ~ ~~ 3416176 Fage~ 1? of 1~ d3!0i?062 112411 ANNFTTF f111f<'kTN COU $2E.00 Thurstcr~ L•u, Whl Exhibit A That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of YeIm Creek; Excepting therefrom the North 512.75 feet: Also excepting therefrom the East 20 feet for county road known as Crystal Springs Road; Also excepting therefrom that portion, if any, lying within that certain tract conveyed to Frank A. Scharmann and Zora Scharmann, husband and wife by deed recorded March 30, 1950 under Auditor's file No. 465210 in Thurston County, Washington 1' 3416176 PagE~ 18 of 13 03;'01r'~00c 11 ~~4A ANNFTTF I111Rk'TN LUU ~6.6d Th~urStan Gu, WA F~o'::i,; L. r. ,::~~t, Ti- ~: ~ ~ ~~., Treas. eturn Address ity of Yelm athie Carlson 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water System 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.N1., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: X2718330100 3416174 Fage 1 of 0~r'dlr'cdN~ 11 ~lti MISC ~ic+ ON Thurston Co, WM X31 LI_, OF SALE 'rf IIS RILL OF SA[,F_, is made and executed this _~j day of __ /2 ~~ i,). , 2001, by and between Annette Durkin _ _ hereinafter called the grantor(s), and the City of Yelm, a 1\7unicipal Corporation, hereinafter called the grantee. W1'T'NFSSETET: "that the grantor(s), for good and valuable consideration, the receipt of which is hcrcby acknowledged, hcrcby com ev. set o~•cr, assign and warrant In the City of Yelm the following described properly situated in Thurston County, State oC Washington, TO W(T: "1'hc water mainline as well as individual lines between the main and the service -ncter lying within 11-c following described easement area: that portion of the Nrnih half of the Southwest Quarter of the Southwest Qnarter of Section 18, Township 17 North, Range 2 vast. W.M., h~ing easterly of Yelm Creek; Rxcepting thereGom the N~+rth 512.75 feet: Also excepting therefrom the East 20 feet for county roast known as Crystal Springs Road; Also excepting thcrrliont that po-1ion, if any, lying within that certain tract conveyed to Prank A Schannarm mtd 7ora Scharntann, husband mtd ~~ifc by elccd recorcicci iviurch :0, 1950 under Auditor's the No. 465210 in'llutrston County, Washington Subject to: IZcscrv,ttions contained in the deed Itc» n the State of Washington recorded under Auditors File No 542526; Kight of the SLite of Washington or its successors, subject to payment of compensation therefore, to acquire rights of way 1<tr pi ivate railroads, skid roads, themes, canals, water courses. or other easenu~-rts for transporting and moving timber, slotte, ncincrals, ,rod other products from this and outer properly, as reserved in decd under Auditor's file no. 542526 Properly from this day foulard known as Crystal Creek Estates The grantor(s) hereb} warrants that he/she/Ihey arc the sole owner(s) of all the properly above conveyed, he/she/Ihcy have the full power to convey the same. and that he/she/they will defend the title of said grantee against any and all persons lawfully making claims thereto. Dalcd al Y'clnt. Washington, this`/ day of _ t ~ ~. 2001. ~J~zZt ..c~ ~r.~ s•rA"rr: of wnslllNG'roN ) )ss COUNTY OP THURSTON ) On tr ~, ay an year written above personally appeared before me ~~, (,~ ~~~-- - L :~~(_---and __-- _- -----------._---- known to be the individual(s) described. and who executed the foregoing inslnnnent and acknowledged that. he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. _ _ 1 Given - nder (it!ltiin~.aC~~#~ al se 1 thi~!~_ day o -_ C ~ .~L~~'1 20 C! J i 7`i'~'17Iw OF tNASNIN~l"t~1N _ _ ~ ~_-- r~;(.)",~(t!{Ir'~'Slf:)r~J EXPif~T(_~'~ Notary Publ' 'nand for tltc talc of W~~ltinglon, Y ~, - residing irl7~' ~~ _l/~,~!~_' Sestcn- accepted this _ day of __ 20_ City of Yehn By: Development Review Engineer I~VI~II~II~In~~~II~IN~NVI,~~ ~g„a,o eturn Address ity of Yelm athie Carlson 0 Box 479 elm, WA 98597 FGd~ ~.\.r:.i?~: Lw.4~.~,.Q YaX EJ6~~ "'~~-~K.L ~`~' ` ~~~ ~itG~tpt fi0. I~,t1 - fir,"~ ~'~ '[/~'~~ /~ ~.c,., ~fGUS. Sy illlll]~/ Document title(s) (or transactions contained therein): 1. Bill of Sale -Step Sewer System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: X2718330100 3416173 . page 1 Ot N:;r'N1,'~NN~ 11 2Nhl rtt~,i, ~tA N0 Thur_ton Co, WH BILL OF SALF?. ~f111S BILL OF SALE is made and executed this _~_ day of-___~~i,f„ 20O I, by and between --Annette Durkin- ____ ,hereinafter called the grnntor(s), and Ilre City of Yelm, a Municipal t::'orpor<[lion, hereinafter called the grantee. WI`fNGSSf°I'll: "that the grantor(s), for good and valuable consideration. the receipt of which is hereby acknowledged, hcrcby com cy, set over, assign and warrant to the City of Yelm the following described property situated in Thurston ('ounly, Stale of Washington, TO WIT: The S.T.E.F'. system sen~ice lateral from the tank to the sewer main, tank, pump and pump controls lying ~~ ithin the following described easement. area: I hat prntion of the North half of the Soullrwrst Quarter of the Southwest Qrurrlc~r of Section 18, T'owtrship 17 North, Range 2 l asl. W.M , Iving castrrly of Yelm Creek; I~xccpting therefrom the North 512.75 fret: Also excepting therefrom the Fast 20 feet fi>r county road known as Crystal Springs i<oad; Aiso excepting Ihrrclirim that porlirn[, ifany, lying within that certain tract conveyed to Prank A Schannann and 7..ora Schannaun, husbmul and «ilc by decd recorded March 3(l, 195(1 under Auditor's life No. 465210 in `Thurston County, Washington Subject log krsrn rrtions contained in lhr decd Isom the Slate of Washington recordal under Auditors Pile No 542526: Right of thr State of Washington or its successors, subject to payment of compensation therefore, to acquire rights of way for pri~~alr railroads, skid roads, flumes, canals, water courses. or other easenrc~rrts for transporting and moving timber, stone, minerals, and other products liom this and other }nopcrty, as reserved indeed under Auditor's file no. 542526 I'ropcrly from Ibis day forward known as Crystal Creek Estates 'The grantor(s) hcrcby ~~ananls Thal he/she/They arc the sole owner(s) of all the properly above conveyed, he/she/they h;r~ c the fu 11 power to convey the same. and (hat he/she!they will defend the title of said grantee against an}~ and ail persons lawfully making claims thereto. Dated at Yelm, Washington, Ihi day of ~G G~ , 2001. ~`~ ~ ~ // -- ~~rA~•r: or wnsF1lNG~roN ) )ss cOt1N~rv or T1IUt~sTON ~ On his a., and year, written above personally appeared before me ~1~ ~ ~,~ and _=------___ known to be the individual(s) described. and who executed the foregoing instnunent and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. . iY~ Given w~dcr njj Tri~diiiir"~r~rl sea thy;, _ day of ,.~~ 2O G~~ _ ~'~~~~~`~'~~~~ ~~~~~1.r *- cam" ~ ~;`~';`~~'C t~F WASNINCT®N _ _-- t r,J0.~;tgtr 1~1t-aly E)(PfEIL=S No4rryg ub~~uid forth talc of W rshington, _. .... ._:~;t, ?(:1('i~~~_ residjn it ~ ~C:-t' ~ll~L,_. Syslcm accepted this ______ day of __- __-____- 2(1___. ~.iiv uf'r'e;im Bv: Development Review Engineer 3416173 Ra~E~ ~ of 03r'01r'r?00c 11 ~26R MiSC gtA.Od Thurston Co, WR .~ eturn Address ity of Yelm athie Carlson 0 Box 479 elm, 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. Durkin, Annette 2. Crystal Creek Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of Yelm Creek. Assessor's Property Tax Parcel/Account Number: X2718330100 3416172 F';~qe 1 of d~;~01;'~dN~ 11 13H Ai~R $IN NN Thurston Co, WH O, WARRANTY ACREEMEN"I' KNOW nl,l, Ml?N 13Y'I'tll?SI? PRl?Sf?N"I~S:'I'hal WI II;Rf?nS nnuctlc I hukin, (hereinallcr referred to as the "Owner"), has applied to the City of Yclm, a political suhclivision of'fhttrston County ol'the State of Washington, (hereinaller referred to as the "City") for the approval h} the City of a certain plat of a suhlivision to he known as Crystal Creek Estates, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which s<~id plat are shown areas offered by the Owner to he dcYiicated to public use as streets, alleys and other rights of way, and other public lacilitics and improvements; and Wl lrltr'.ns, it is necessary in the interest of public welt trc that the areas so offered to he dedicated be constrncled iu accordance with the specifications hereinafter set tirrth; and WI 11sRl?nS, in accordance with the leans of RCW 58.17 and'I'itle 16 of the 'rcim lvirmicil><~i Code, the ('ilv has adopteYl suhclivision regulations which require that all improvements he constructed in a manner anisistcnl with the City's development regulations; NOW "I~l IERI?PORE, to inchrre the City to approve said plat and to accept the dedication of stud arc~~s as public streets, easements and other improvements, the Owner does hereby unconditionally promise arrd agree to and with the Cily as lbllows: I .The Owner, unconditionally wwranls to the City, its successors and assigns drat, for a period of twelve (12) m~>;nirs fiom the date of final plat approval, the improvements required to be conslnucted rmd dedicated to the public under the terms of the plat will he free from defects arul that Ure work will conform with the rcyuircurents and specifications of the 1)evelopnrent Guidelines of the City. Upon any breach of Ure foregoing Warranty and without limiting the City's remedies for breach of warranty, the Owner agrees to promptly repair or replace any detective work, at no cost to the City, and to provide all labor, eyuiptnent and materials ncccss~u}' therefore, at no cost to the City. In the event the Owvcr shall tail or neglect to fulfill his obligations troller Qiis agrccment, the City shall have the right to construct or cause to he constructed, repaired or replaced pursttaut to public adverlisenrerrt and receipt and acceptance of hills, said streets, utilities and other improvements, as shown on said plat, and the O~~atcr shall trc liable to pay to and indeuutify the City, upon completion of such conslnrction, the final total cost to the City thereof, including but not limited to, cnginc~.ting, legal and contingent costs together with any damages, either direct or consequential, which the City may sustain on account of the failure of Ure Own~K to carne out and execute all of the provisions of ibis agrccment. ?. I hr obligations ingx>sal or inrl>licd by this agrcenrent shcdl not tx; assigned, translen•ed or asstnnai by wry person or entity that is not a pmly to this agrcenrent without prior written consent of the City. IN WIINI RS Wlll{RI:OI','I'IIIOWNI?R Mate of V~a:>illrl5ton - Signed and swum to (or affirmed) before m(' Signature l~~)'f Titi 9 has executed this agrccment this='~~ day of ZZ1 ~•t,.~1.C~ `~~-~ ~~- ,20U 1. • Owner Ily: Cl`['Y OF YELM By: My appointment expires "a ~ "f I w~~ T~ p YELM WNNIN6TON Date: February 20, 2002 City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 To: Mayor Rivas and City Council Members From: Tami Merriman, Planning Technician Re: Final Plat for Crystal Creek Estates (formerly Huntington Green II) SUB-01-8294-YL Staff Recommendation Staff recommends the City Council approve the final plat for Crystal Creek Estates (formerly Huntington Green II) SUB-01-8294-YL as forwarded by the Planning Commission. Background The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project on August 23, 2000. The project has been constructed, and the applicant has filed a completed application for final plat on January 8, 2002. Applicant: Richard E. Boness and Annette Durkin Proposal: 13 Lot, Single Family Final Plat Approval for Crystal Creek Estates Location: The project site is located on Crystal Springs Road Planning Commission Action The Planning Commission, as required, reviewed the final plat for compliance with the conditions of approval placed on the preliminary plat. At their February 4, 2002 meeting, the Planning Commission reviewed the final plat and a request from Mr. Boness to amend the plat to include 3 additional lots in the shoreline jurisdiction area. At the close of the meeting the Planning Commission requested staff to confirm the setbacks from the creek and the shoreline jurisdiction density. Upon confirmation they asked staff to provide Mr. Boness with his options. Staff meet with Mr. Boness and provided him with an outline on the process required to amend the plat. At that time, Mr. Boness instructed staff to proceed with the final plat as submitted. At their February 19, 2002 meeting, the Planning Commission completed their review of the final plat and is satisfied that all conditions have been met. The Planning Commission unanimously voted to forward the final plat to the City Council for review and approval. Original Conditions of Approval 92"d Way SE -The plat shall not connect to the south of the project site with 92"d Way SE. Completed. Sewer 1. The proponent shall connect to the City's STEP sewer system. The Sewer line shall be extended through development. Completed. Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day and are currently charged at a rate of $4,986 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. Completed. 2. The on-site septic systems and drainfields shall be abandoned to Thurston County Health Department standards. Completed. Water The Proponent will need to connect to the City's water system. Water lines would be extended through development. 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 $1,500/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. Completed. 4. The applicant shall be credited one ERU fee for the existing water connection that serves the manufactured homes. The one water ERU shall be credited on the first building permit issued. 5. All open space areas and planting strips shall have an irrigation system with a separate water meter(s). The applicant shall submit final civil plans to the Community Development Department for review and approval. Completed. Stormwater 6. 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. 7. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. Completed. 8. The stormwater system shall be held in common by the Homeowners. The 2 Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Completed. Transportation 9. 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. 10. The applicant shall be responsible for half-street improvements along the frontage of Crystal Springs Road. The frontage improvements include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage. The Crystal Springs Road street section is "neighborhood collector" Completed. 11. The new north/south Street shall be shown on the face of the plat as a future street connection to the north only. Completed. Fire 12. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. Completed. 13. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Completed. Open Space 14. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. Completed. 15. The open space shall be dedicated to the City of Yelm. Completed. Landscaping 16. The applicant shall install a 6' wood privacy fence along the northern property line of the subdivision lots in place of perimeter landscaping. Completed. 3 17. The applicant shall submit a final landscaping to include the pedestrian path, environmental signage. and irrigation plan for the open space and street planter strips. The improvements in the open space shall not exceed $2,500.00. Completed. Environmental 18. The applicant shall comply with the mitigation of the MDNS issued on May 10, 2000. Mitigation includes: a. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 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. Completed. b. The subject site is adjacent to Yelm Creek which is designated as a shoreline of the state. The shoreline jurisdiction area, measured from the creek's high water mark back 200', shall be dedicated to the City of Yelm as open space. Improvements within the shoreline jurisdiction area shall be a pedestrian path and environmental signage. The improvements shall not exceed $2,500.00. Completed. c. The proponent shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. Completed. Subdivision Name and Property Addresses 19. The applicant shall submit another subdivision name. The City will forward the name to the Thurston County Records Department for approval. Completed. 20. Prior to the submission of final plat application, the applicant will provide the Building Department with a plat map for addressing. Completed. General Public Works 21. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. 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I`T 1 S08 06'0 w '" ° ~ ~ I ,Iw v ... _....n ~ \\ O V Iv 0~ I 67.42' ~` ---------- - ~~ 10'DEDICATION~~~~~~~~~0 \----------- \ N-39.0' TO FNC. ~ I O I N 0121'00"E 148.37' 118.89' ° - N 01'21'00"E o~2 50' 148.39' - I ~ - _ 512.75' -S1D w -~~-"- 1322.29' o -____________CRYSTAL SPRINGS_RD____________-__- O WIC O I Ui ~ O Cn ~ m I 1 I / ~~F T~ s ~ ~ ~1 _-~~. ~ ~ ~~.~ ~~ ; -- _- ~~~ ~ ~ ~, ~ 106 Yelm Avenue West P.O. Box 479 •~9p 1MASNIN4TCM Y E ~' ~ Yelm, Washington 98597 (360) 458-3244 Date: February 12, 2002 To: Planning Commission From: Tami Merriman, Planning Technician Re: Thurston County Medic One Paramedic Station, CUP-01-8301-YL LIST OF EXHIBITS: Exhibit 1: Site Plan Exhibit !I: Determination of Non-Significance Exhibit III: Public Hearing Notice Exhibit IV: Minutes from August 20, 2001 Public Hearing A. PUBLIC HEARING OBJECTIVE: The Planning Commission must determine if the proposed project is consistent with the City of Yelm's Comprehensive Plan and applicable Municipal Code(s). After consideration of the facts and public testimony the Planning Commission must take one of the following actions: request additional information from the applicant and/or staff, continue the public hearing, or make a recommendation of action to the City Council. B. PROPOSAL: The applicant is applying for a Special Use Permit to operate a Thurston County Medic One Paramedic Station located at 411 West Road. In September 2001, Thurston County Medic One received temporary relief from Title 17, Zoning, to locate their paramedic station at this site. The temporary relief was valid for 6-months, in which time the applicant must either apply for a Special Use Permit to remain at this location, or relocate to a different location. The applicant has applied for a Special Use Permit to remain at this location until a different location can be found. The applicants' intent is that this location will be temporary, with a length in time undetermined. Included in the analysis of this proposal, City staff reviewed the public testimony received at the previous hearing, and addresses concerns brcughi forward. The proposal ste is par: of a Planned Development District. A condition o` approval from the p eu .. ,,/,,,,,,,ment IS ~ha~ `,"/i'1en ti1e ~'~alm Clnem,a ^~~ •nc ~~nr' ~ ~G' oin~ i auuS aCdiilonal sC~ nS i0 the the2ter thlS Site 'I/lil be COnVei i ~ inlC parking. I ~. ie applicant iS a',lare Gi ihlS Condition. I hIS COrdl`tlGn mUSt be kept In R"Ilnd .then analy~;ng`i^IS DrCpOSaI. In ih° iUtUr~ i`liS uUllCing `lllli D2 derliClishEd. end the SItO Con`JG'`,OC tG addlt10nal Via''{~ng iCr ir° ~r21m ClnGma C.Gr71~ICX. The Medic One Paramedic Station is a mobile based, emergency response unit. The medical equipment and supplies are kept in the vehicle unit, and medical assistance required from the public would be from an emergency call, or if needed at that site, in either the citizens vehicle, or the Medic One mobile unit. The building does not have an exam room. The building is intended as office and sleeping quarters only, for Medic One personnel. C. DEPARTMENT ANALYSIS AND FINDINGS: Proponent. Thurston County Medic One Location. 411 West Road. Tax Parcel # 64303700205 Public Notice. Notice of the Public Hearing was published in the Nisqually Valley News on February 8, 2002, and posted in public areas on February 6, 2002. The notice was mailed to adjacent property owners, and the applicant on February 6, 2002. Existing Land Use and Zoning. Findin The site is zoned Commercial (C-1), Chapter 17.26, and contains one existing building, with an attached garage. In the C-1 zone, Special Uses are allowed as provided for in Chapter 17.66. Conclusion: A public safety and emergency response facility is classified as a special use and is allowed, provided any unique impacts resulting from the proposal can be mitigated. 2. Lot Size and Setbacks: Findin The current building has been in place for many years. The footprint is not proposed to be changed or expanded. The current lot size and setbacks meet the minimum requirements of the C-1 zone. Conclusion: There are no proposed changes or additions to the building or site. The site meets current minimum setbacks, and lot size requirements. 3. Adiacent Land Uses and Zoning. Finding: All properties adjacent to the project are zoned Commercial, C-1. Directly behind and to the east of the site is the Prairie Park Cinema complex. The properties to the west and north are zoned commercial, and are currently developed as single family residential. Findin :The proposed use is not retail, or commercial use that would result in increased pedestrian or vehicular traffic to the site. The building will be used as office and sleeping quarters for emergency personnel, with 2 employees on site fora 24 hour shift. Conclusion: The applicant intends to leave the site in its current condition, with the appearance of a residential home. The proposed use will not significantly change the character of the site, or its surroundings. Findin.: At the previous public hearing, neighboring residents voiced concern about noise and lights from the emergency vehicles. Medic One has a countywide policy, that they do not use sirens in residential neighborhoods, regardless of time of day or night. They also do not use their emergency lights in residential areas, unless there is heavy traffic. Findino: Medic One's policy is not to speed through residential neighborhoods. The Medic unit obeys the speed limit whenever possible, to avoid accidents en-route to their emergency cads. Conclusion: Neither the City, or Medic One have received complaints from neighboring residents about safety, noise, or lights since the Medic One unit has been located at this site. 4. Transportation and Site Access Finding: The building fronts on West Road. The front of the site has a circular, paved drive, as well as a sidewalk. West Road is classified as a Commercial Collector Street. Conclusion: The road frontage along West Road is already improved, and does not require any upgrades or improvements. Finding; The applicant has provided a summary of the number of calls for the year 2000. The average number of trips the emergency vehicle makes is approximately 2.5 trips a day. Finding: The number of trips generated from these vehicles does not exceed previous trips generated by the site as a residential use. Conclusion: The proposal will not create new trips into the City's transportation system. A Transportation Facility Charge is not required. 5. Parkinq• Finding: Chapter 17.72, Off-Street Parking and Loading, does not specifically state parking requirements for emergency services facilities. In analyzing the parking needs of the existing paramedic unit, the City finds that the unit will require parking spaces for at least 2 paramedic vehicle units, parking spaces for employees on shift, parking for visitors, and handicap parking. Finding: The medical services provided by Medic One, are provided from the paramedic vehicle unit. Supplies and equipment are stored on the unit. The building does not provide for any type of treatment room, and visitors to the site in need of medical attention will be treated at the paramedic unit, or in their own vehicle. Finding: The site provides approximately nine off-street parking spaces. The station will have 2 employees on site for 24 hour shifts, and 2 paramedic vehicle units. There is handicap access available to the building. Conclusion: Off-street parking provided on site is adequate: no additional parking will be required. 6. Wastewater. Findina: The site is currently connected to the City Sewer System. Findina: The proposed use will have 2 employees on site during a 24-hour period. The proposed use is for office and sleeping quarters for Medic One employees. Conclusion: The proposed use would not create an increase in se~~~er use. No additional se~r~er connections are required. 7. Water Supply. Findin :The site is currently connected to the City Water System. Findin :The proposed use will have 2 employees on site during a 24-hour period. The proposed use does not indicate that there would be an increase in the use of water. Conclusion: The proposed use will not create an increase in water use. No additional water connections are required. 8. Drainage/stormwater. Finding: Impervious surfaces create a need for stormwater management. The Department of Ecology requires that any impervious surfaces totaling over 5,000 sq. ft. require stormwater treatment. Findin :The applicant is not proposing any additions or changes to the existing site or buildings. Conclusion: The proposed use will not create any additional stormwater runoff. No additional stormwater management is required. 9. Biohazardous Waste. Finding: Emergency services providers come into contact with biohazardous waste when treating injured victims, and dispensing medications. Proper handling of these items is of utmost importance to the service providers, citizens, and the environment. Findin :Medic One currently has a program for disposal of any biohazardous waste. All used emergency medical items such as, but not limited to, gloves, needles, and scalpels, are disposed of in approved containers on the emergency vehicles while at the site of the emergency call, and further disposed of in approved containers at the proposed site. The biohazard containers are then picked up on a weekly basis, by a company that specializes in disposal of such waste. Finding: Any medications that are dispensed at the site of an emergency call stay with the victim when delivered to the hospital. Medications kept on the emergency vehicles; stay on the vehicle until expiration. When the medications expire, they are returned to Medic One's main office, to be exchanged. Conclusion: Medic One provides for the appropriate and safe disposal of biohazardous materials. No additional requirements are needed. 10. Fire Protection and Police Protection. Findin Fire protection is provided by the Thurston County Fire District #2, and Police protection is provided by the City of Yelm. Findin :The proposal is not adding new development to the City. The employees were in existence, at a different site, prior to this proposal, and the building has been in existence for many years. Conclusion: The proposal does not create an increased need for fire or police protection. 11. Street Lighting. Findin :The site is in an established neighborhood. No additional buildings, construction, or further development is being proposed. Conclusion: No additional street lighting is required. 12. Landscapinq_ Finding: Landscaping and screening are necessary to promote safety, to provide screening between compatible land uses, to safeguard privacy, and to protect the aesthetic assets of the City. Finding: The existing building has mature landscaping. There is dense landscaping in the rear of the site, separating the Cinema and related parking. Finding: The proposed use is not a retail or commercial use that will be creating additional traffic to the site. Finding: The existing buildings and landscaping on this site will be demolished in the future, under the conditions of the Planned Development District. Conclusion: Based on the above findings, no additional landscaping is required. 13. Environmental Review: Finding: After review of the environmental checklist and supporting documents submitted by Thurston County Medic One, a Determination of NonSignificance (DNS) was issued on January 14, 2002. The comment period expired on January 29, 2002. Conclusion: No public comment was received Findings and Conclusion. Based on the project as proposed by the applicant, and the analysis described above, staff finds that the project: Adequately provides for the public health, safety and general welfare, and for drainage ways, streets, potable water supplies, sanitary wastes; and The project is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance, and the City's Development Guidelines. D. Staff Recommendation Based on the Analysis and Findings in Section C, staff finds that project, as proposed, meets the City's minimum requirements and standards. Staff recommends that the Planning Commission forward CUP-01-8301-YL, as proposed to the City Council for approval. CITY OF YELIUi Site Plan EXHIBIT 1 CUP-01-8301-YL ' ~ ~ 1-' . ~' _ .. ~t'' ~ ~! ~~ ~~ _ ., ^~~ ~~ _~ I - ~ .~ ~~ ~; . c~ U N 0 ~ i~ t p Ci ~' ~~.~ ~ m cv o a a j '• i c :L:• i~ ~ ~~ 'tip: ~IV.• f : d t'' ~~•~ . _. •~~ -=~ - ,c ~, ,~` _, ~ _ ~.~ -- ->_ 1~--: r-~ = ~/~~ = ~; =i i :~ ' ',, '.;~ ~ ' t r~j ~ ~ 8 V f l `~ ' ~ ~- ~ ~ c r- r- i S3CdYA~ 51N31Y.i/~OlldYlt 39;'1NON.~ QN3 • -' ~ . ; ~: ., t S - - _ - ~. i . f,: c'1 ~a ..1. ., ! _ ~ y i ?. .:; }~~, ' ;~~ : i; .,. l_..__, ~ BLS t ~ ~~ it ~ pO Y ~N ~ .~ V ~_'~ ~ L ..~ w. .~.~ ~ ~ II ~t5 1 ~ C =. ,~ \\~ l - ~1 ~1 - 1~~ _ , . . •:, Exhibit I, Page 1 z U Date: February 12, 2002 ~,-., ._ '" .-•~ i- ff L C ... --~,,.r~ V ~=~ ryT J Fr'- .: // RR v V ~ ~ _ ~~ ~~ ~C '` ~ ,_ ;`' ~ ,' A ~ ~ ': .. ~_ Ci-~r of Y~LNi DETERMINATION OF NONSIGNIFICANCE ExH~BfT Il CUP-01-8301-YL SEPA NO: 8301 DETERMINATION OF NONSIGNIFICANCE Proponent: Thurston County, Medic One Description of Proposal: Request for a Conditional Use Permit, to allow the temporary us= of an existing structure, and propery for the operation of a paramedic unit station by Thurston County Medic One. No modifications era proposed to the existing building, or sits. This request for use is temporary, until a permanent site can be determined. Location of the Proposal: 411 West Road, Yelm, WA 98597 Section/Township/Range: SE'/<, Section 19, Township 17N, Range 2E, W.M. Threshold Determination: The City of Yelm as lead agency for this action has determined that this proposal does not have a probable significant adverse impact on the environment. Therefore, an environmental impact statement (EIS) will not be required under RCW 43.21C.030(2)(c). This decision was made alter review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Conditions/Mitigating Measures: None Required Lead agency: City of Yelm Responsible Official: Shelly Badger, City Administrator Date of Issue: January 14, 2002 Comment Deadline: 5:00 p.m., January 29, 2002 ;' Shelly Badger, City Administrator This Determination of NonSignificance (DNS) is issued pursuant to Washington Administrative Code 197-11-340(2). Comments must be submitted to Tami Merriman, Community Development Department, at City of Yelm, 105 Yelm Ave. W., P.O. Box 479, Yelm, WA 98597, by 5:00 p.m., January 29, 2002. You may appeal this determination to the Yelm City Council, at above address, by submitting a written appeal no later than 5:00 p.m., February 5, 2002. You should be prepared to make specific factual objections. Contact Cathie Carlson, Communiy/ Development Director, to learn more about the procedures for SEPA appeals. This MDNS is not a permit and does not by itself constitute project approval. The applicant must comply with all applicable requirements of the City of Yelm prior to receiving construction permits which may include but era not limited to the City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm water Drainage Desicn and Erosion Control ~~lanual !DOE), Uniform Building Coda, State Environmental Policy Act (SEPA) Title (14), Road Cesign Standards, Plaming and Subdivision Title (16), and the Shoreline ~~lastar Program. DO '`+0T PUBLISH BE! OL'! TrIS L6VE . ....':S`v_. ~:'c;~a!V ~Jgl!e,J ~jo;yc C.;Ca'J. ~anU3"'~/ ' 3. 2~~2 P^.S,B~ .~ ...._~~.. ~ ~a~~. ?licrua'!, .i... .,.-r'~ G~O2 .J _,.~. ~f __Ci~.~~J '... .,'1?;~<I,_.. ._ :c.' GCMG. Exhibit II, Page 1 Date: February 12, 2002 CITY OF YELM PUBLIC HEARING NOTICE EXH 181T i l l C U P-01-8301-YL PUBLIC HEARING NOTICE NOTICE 0; PUBLIC ~ ~~ARING YEL"a1 PL'?NNING COMMISSION DAT'c; Tuesday, February 19, 2002; 4:00 p,m. PLACE: Council Chambers, City Ha11, 105 Yelm Ave W., Yelm 1YA PURPOSE: Public Hearing to receive comments regarding the use of a commercial building as a Thurston County Medic One Station. Case _CUP-01-8301-YL APPLICANT: Thurston County Medic One PROJECT LOCATION: 411 West Road, Yelm, WA" The Yelm Planning Commission will hold a public hearing to receive comments on a Special Use Permit application to allow the use of a commercial building as a Thurston County Medic One Station. The Planning Commission will make a recommendation or action the City Council. The Ciry Council will likely act upon the Planning Commission's recommendation at their February 27, 2002, regularly scheduled meeting. Testimony may be given at the hearing or through any written comments on the proposal, received by the close of the public hearing on February 19, 2002. Such written comments may be submitted to the City ofYelm at the address shown above, or mailed to the City of Yelm Community Development Department, PO Box 479, Yelm WA 98597. Any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please contactTami Merriman at (360) 458-3835. The City of Yelm provides reasonable accommodations to persons with disabilities. If you need special accommodations to attend or participate in this hearing, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting. ATTEST: City of Yelm ~, ~` r _ ~er^ :~ i A~~riea ~ IC..; Cli'/ icr~ Exhibit III, Page 1 Date: February 12, 2002 CITY ®~ Y~LI4A AUGl.lST 20, 200'i PLANNING COMMISSION MINUTES II ExMIBiT IV CUP-01-8301-YL YELM PLANNING COMMISSION MINUTES AUGUST 20, 2001, 4:00 p.m. YELM CITY HALL COUNCIL CHANIBERS hlotlan Na. The meeting was called to order at 4:00 p.m. by Tom Gorman. Members present: Tom Gorman, Margaret Clapp, Glenn Blando, Ray Kent, Joe Baker, Roberta Longmire, E. J. Curry, and Don Carney. Staff: Cathie Carlson, Tami Merriman, Shelly Badger, and City Attorney Brent Dille. Members absent: John Thomson, and Council Liaison Glen Cunningham. [pages 1-7 of the original minutes have been omitted) PUBLlC HEARING: Temporary Land Use Exemption for Medic One Applicant: Thurston County Medic One Location: 411 NE West Road. Mr. Gorman opened the Public Hearing at 5:32 pm. Mr. Gorman asked if any Commission member had a conflict of interest. Ms. Clapp stated that she would not participate, as she is the owner of the property in question. Mr. Gorman asked if any member of the audience objected to any Commission member participating in this hearing. Mr. Garmann asked if there was any question regarding the Commission members reading any of the publicity regarding this issue, prior to the hearing. Mr. Garmann stated that he hoped the Commissioners would be unbiased and vote their conscience. Mr. Gorman asked if any member had received information on this item prior to the hearing. None had. Mr. Gorman asked Ms. Carlson to provide a staff report. Ms. Carlson gave a brief history regarding this request. The Medic One Unit has been housed in the Fire District 2 building, off of Vail Road. Recently, their contract was not renewed, and they needed to relocate in a very short period of time. After they had secured this location, it was found that they needed a Special Use Permit to Iccate anywhere within the City limits. A Special Use Permit takes about 3 - 4 months to process. The only option That the City has +would be to require them to locate outside the City limits, and lose their sen~ices. The City Attorney suggested that the City establish a temporary 6- mcnth zoning exemption, site specific. and use specific. This will allow ~~~ledic One time to find a suitable location and aptly for a Ccnditional Use Permit. either at this !ccaticn or a different Iccaticn. =,- ~ -,~ . Exhibit IV, Page 1 I Date: February 12, 2002 CI`~"Y OF Y~L~9 AUGUST 20, 2001 PLANNING COMMISSION MINUTES ExH~~eT IV CUP-01-8301-YL The staff report addresses the unit's typical daily operations, number of calls and times of calls. There is concern from neighbors of increased noise, both from siren and vehicle trips. Medic One has a countywide policy, that they do not use sirens in residential neighborhoods, regardless of time of day or night. They do not use lights in residential areas, unless there is heavy traffic. Staff requests that we allow this temporary exemption from the Zoning Code, to allow them to find a site, and go through the normal process of securing a Special Use Permit. Steve Romine stated that the units would not turn the sirens on in the residential areas, probably at Yelm Ave. The engines are plugged in, and maintained warm at all times, to avoid having to "warm up" or long idling. Mr. Gorman asked if the public had any comments. Mr. Garmann questioned staff on the site history, projected use for the site, and procedures for public notification. Mr. Gorman asked Mr. Garmann if there was a specific point that he would like to make, before the City Attorney needed to leave. Mr. Garmann stated that his point is that, from the first newspaper article printed regarding this issue, and through subsequent articles, they have stated that the Medic One Unit will be located at this site. It was just recently that he found out that they are applying for an exemption from the zoning regulations. Mr. Garmann stated that he was not here with bad feelings, but that he is concerned with the process. Mr. Garmann stated that the notion that Medic One is "under a gun" to find a place to live, is not correct. They were welcome to stay where they were. There was really no urgency for them, that they should get special exemptions. Mr. Garmann read a letter written to the chairman of the Planning Commission. See Attached. Mr. Gorman asked if there were any other comments from the public. Ms. Badger stated that Mr. Dille. the City Attorney had left a couple of written items, as he had to leave. RCW35A-23 allows the City to create an emergency exemption, as staff has laid out. It doesn't exempt the proposal from going through all the normal zoning requirements. It allows this emergency and temporary relief from the Zoning Code. It is not a deferral or exempticn. Mr. Gorman stated that from an Attorney's point of vie4v, this request is sclid. ~ti11s. Badger responded that yes, this allo~r~s them to slay here, while going through all the required zoning processes. Citizen it th= audienc°~ asked ~r~hc has deemed ibis an emergency? `~15. ~adc°r f?spcrd°~ tf'lat ih2 City haS nothing t0 d0'rlith the COntiaCt b8t`rleen Exhibit IV, Page 2 I Date: February 12, 2002 C9TY OF Y~L~ AUGUST 20, 2001 Pl.ANMNG CiOMMiSSiON MINUTES ~XHI$~T 1\/ CUP-0'I -830°1-YL Medic One and the Fire District. The City did not make the choice to change the current contractual situation. With the information and facts that were presented to us, they were leaving that facility immediately. The City felt that the City should not be without the Nledic One Unit. Citizen in the audience: Who said that they had to move out of the fire station? Ms. Badger responded that it is a contractual issue between Medic One and the Fire District. Mr. Romine stated that the County Commissioners informed him that they had to move out. Ms. Clapp stated that she is speaking as the potential landlord, that they had a house for rent, and were contacted and were informed that Medic One was looking for temporary housing. Ms. Longmire asked if the City could approve the temporary use of that site with the restriction of their using Fourth Street on an outgoing call? Mr. Gorman asked one of the paramedics present, how they felt about that restriction? Mr. Romine stated that normally, medic units stop at stop signs, and normally, speed limits are observed. Mr. Meyer stated that he would like to address the statement regarding "adrenaline running". Mr. Meyer stated that he doesn't see that as an issue. All paramedics are professionals. They have a total collective experience of over 100 years. They don't just blow through town and do that kind of stuff. Mr. Gorman asked Mr. Meyer what he thought if the unit had to use 103`d, and Yelm Hwy to reach the west end of town. Wouldn't that add extra time to the response time? Mr. Meyer responded that it could, but it really depends on the situation. When they originally looked at that property, they looked at that, and actually drove some of the routes. The route doesn't make a big difference in response time. Mr. Carney inquired about parking, and if there were a minimum amount of parking that would preclude improvements like driveways and asphalt? Ms. Carlson responded that that is why the City is asking for the temporary relief from the Zoning Code. All of those requirements are not being addressed right nc`N, until they apply for a Land Use Permit. Once they come in and apply fer a site, they 'Hill have to comply `r~ith all codes. ~~r1r. German asked If the 5 months ,vas a minimum, or could it be shortened. ~:i8. Car'SCn ~escorded that it ia~fes aCCrCXimateiy 3 mCnths i0 proC2SS an apC{iCabGn. I he'y 'Nlll need at IeaSt 1 t0 2 month S, eSpeCially If they neCd Exhibit IV. Page 3 I Date: February 12, 2002 Col OF ~~L~ll AUGUST 20, 2©01 PLANNING COMMISSION MINUTES E~~~~~~ IV CU ~-01-8301-YL engineering work, to put an application together. Probably 5 months would be the bare minimum for any application. They need to have land use approval within the 6 months, not just submit an application. They will need to submit application for a Land Use Permit within the next month or rNO. Mr. Gorman closed the public hearing at 6:19 p.m. 01-28 MOTION BY RAY KENT, SECONDED BY JOE BAKER TO FORWARD THE TEMPORARY LAND USE EXEMPTION FOR MEDIC ONE TO CITY COUNCIL WITH THE RECOMMENDATION FOR APPROVAL AS CONDITIONED IN THE STAFF REPORT. MOTION CARRIED. MARGARET CLAPP ABSTAINED. 01-29 MOTION MADE AND SECONDED TO ADJOURN THE MEETING. MOTION CARRIED. Meeting adjourned at 6:20 p.m. Respectfully submitted, Tami Merriman, Planning Technician Tom Gorman, Chair Date ~,;,.: Exhibit IV, Page 4 ~ Date: February 12, 2002 OF ?~ A~ .Qw ~ • ~l~` O .Y~IJ~Z .y °~~~ IOS Yelm Avenue West ~_~,. ~tEL~~: ~ P.O. Box 479 W.ASNINCroN Yelm, Washington 98597 (360) 458-3244 Kevin Bluhm Bluhm and Associates Land Surveyors 1068 S. Market Blvd. Chehalis, WA 98532 Re: Crystal Creek Estates Final Plat Corrections Dear Mr. Bluhm: Attached please find the surveyors second review of the final plat for Crystal Creek Estates. Please make the changes noted and return back to me. I must have the corrected documents by Friday, February 8, 2002, to request council approval. Please return the redlined copy with your revisions. When you submit the corrected plat, please include: 1 Mylar copy of pages 1 & 2 1 11 x 17 copy of pages 1 & 2 If you have any questions, please contact me at (360) 458-8496, or the reviewing surveyor, Eddie True directly at (360) 458-2894. Sincerely, .~- I _ / ~: Tami Merriman Planning Technician E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360 458-2894 ~ :' +: -, ~.a ~ '~, ~ ~~2 DATE JAN. 29. 2002 ATT:CATHY CARLSON CITY OF YELM P.O. BOX 479 YELM, WA. 98597 JOB NO. 2201 REVIEW OF THE PLAT OF CRYSTAL CREEK ESTATES 5 HR @ $75.00 $375.00 TOTAL DUE _ $375.00 THANK YOU, EDDIE M. TRUE P.L.S. PAYMENT DUE UPON RECEIPT OF STATEMENT. PLEASE PUT JOB NO. 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TRUE & ASSOCIATES LAND SURVEYING `° P.O. BOX 908 18225 COOK ROAD S.E. "-~" YELM, WA. 98597 360-458-2894 Date: JAN. 29, 2002 To: City of Yelm 105 Yelm Avenue West Ye1m, WA. 98597 ATTN: Catherine Carlson City Planner RE: Final Plat comments for Crystal Creek Estates Dear Ms. Carlson: We have reviewed the corrections to the plat from comments dated Jan. 10, 2002. 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. Final Plat Comments Crystal Creek Estates Sheet one 1) All corrections done. Sheet two 2) Closures for road centerline are not complete and could not be checked. Road closures should be run thru centerline north and south and closed thru property boundary. 3) Notes should describe tracts and tracts B and C should be noted who is responsible for maintenance. No corners were shown set on the lines extending west on Tract C- open space. North and south property lines should show dimension of boundary limits. Radial lines for curves and radial berings do not need to be shown unless curves are nontangent. Dimensions on the west end of road need to clarify position of set monuments. / ~V~f T~p~ ~ ~'~s a rn W~ _A .:~ ,~.`-~ w "r YELM WADMINGTON January 15, 2002 Richard E. Bones 40905 96th Ave. E Eatonville, WA 98328 City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington. 98597 (360 438-3244 Re: Comments for Crystal Creek Estates Final Plat Application -SUB-01-8294-YL Dear Mr.Boness: The City has completed its initial review for the above referenced final plat application. There are some items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments have been sent to Bluhm & Associates for corrections. When you submit your revised plans, please include 3 copies of the full size plat, and one 11" x 17" copy, and return al! redlined copies. 2. Stormwater Maintenance Agreement: On page one, last paragraph (2), where it states "the log book shall be available at...", the address should be 40905 96th Ave. E, Eatonville, WA 98328m (as the principle office of the Homeowners Association.) 3. On the Bill of Sale for water and sewer, please have Annette Durkin fill in the date on the top. 4. Corrections on Plat: In addition to the corrections required by the reviewing surveyor, please make the following changes: a. Please add the following to the notes section on the face of the plat: `'Each lot within this plat is subject to a mitigation agreement between Annette Durkin, and Yelm Community Schools, District No. 2. f~1itigation fees in the amount of 51,425.00 per lot shall be paid prior to issuance of building permit.'' `Each lot within this plat is subject to a transportation facility charge. The transportation facilit,~ charge shall be paid prior to issuance of building oermit.~' "All water connection fees shall be paid prior to issuance of building permit." "All step sewer connection fees shall be paid prior to issuance of building permit. b. The Address block has incorrect number of lots, and addresses for the lots. Please see the list of correct addresses attached. Please show Yelm, WA 98597 above the address block. c. The street "93`d Way" needs changed to 91St Way SE. d. The Open Space needs to be designated as "Tract A". The Tract is to be dedicated to the City, and reference made on plat cover. e. Designate the two stormwater areas as Tracts "B" & "C". f. Prepare Deed for Tracts B & C, to be held in common by the Homeowners Association. g. Lot closures will need corrected and resubmitted. 6. Prior to recording, please provide the City a copy of the Washington State Certificate- of Incorporation. The above listed corrections must be completed and returned to the City no later than Friday, January 25, 2002, to be considered by the Planning Commission on February 4th. If the Planning Commission recommends approval to City Council, the final plat application will go before the Council on February 13, 2002. If you have any questions, please contact me at 458-8496. Questions regarding the surveyors comments can be directed to Eddie True at (360) 458-2894. Sincerely, Tami Merriman Planning Technician cc: Kevin Bluhm, Bluhm & Associates w/enc Cathie Carlson Jim Gibson ,~ THURSTON COUNTY SINCE 1852 PATRICIA COSTELLO Assessor OFFICE OF THE ASSESSOR ~ me ~~ MEMORANDUM ~~~? Date: January 11, 2002 ~. ~ _~~-~ . ... To: City of Yelm Attention: Roberta Allen From: Denise Hasch ~~ Subject: CRYSTAL CREEK ESTATES ^ I do not have comments about this project and approve it as submitted. Signature: ® My comments are as follows: ^ Please put acreage or square feet on each lot. ^ Please put Situs addresses, including city and zip code, on map. ^ 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 apnli~:.ant that deed(sl will need t:o 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: ><t appears 10 feet is being dedicated to the City of Yelm for right of way on Crystal Springs Road. We will need a Right of Way deed recorded from the owner to the city. 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 33 (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 ae~y~ied r~re~ ,~ ti THURSTON COUNTY SINCE Id52 PATRICIA COSTELLO Assessor OFFICE OF THE ASSESSOR Also, is the Open Space a separate tract? It appears that it is, however it is not labeled Tract "A". That will need to be made clear. Also, with the assumption that it is a Tract A, the East line of the tract needs to be darkened along 93rd Wav. It needs to be darkened the same as all the lots are. Also, under the "Addresses" box on the face of the map, it appears that there is a Lot 14 and 15. I do not see where there is a lot 14 and 1.5. This should be removed from this box. Thank you. 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 >ss (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 ae~y~tea Pa~e~ Blank Page 1 of 1 Roberta Allen From: Stephanie Conners [conners@YWAVE.com] Sent: Friday, January 11, 2002 2:19 PM To: Roberta Allen Subject: Crystal Creek Estates Hi Roberta, The City of Yelm Sewe Dept. has no additional comments related to the final plat of Crystal Creek Estates. Stepp 1/14/02 / ~0¢ T~ A~ ~, ~ ~ ~~~~ _ ~ ~~ ? ~j~ _ (~ 2 ~Z r~ -; ~ 105 Yelm Avenue West ~~-~-~~ ` ss ~;-~ P.O. Boz 479 0'M/ WA8NINGTON Y ~ ~'~ Yelrn, Washington 98597 (360) 458-3244 CRYSTAL CREEK ESTATES ADDRESSING Lot Number Parcel Number Street House Number 1 To be determined 91" Way SE 15746 2 915` Way SE 15742 3 9151 Way SE 15738 4 915` Way SE 15734 5 915C Way SE 1573) 6 9151 Way SE 15666 7 9151 Way SE 15562 8 9151 Way SE 15658 9 915` Way SE 15654 10 915` Way SE 15650 11 915` Way SE 15646 12 91St Way SE 15642 13 915` Way SE 15638 STEP SYSTEM PLAT EASEMENT PROVISIONS A PERPETUAL EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF YELM, ITS SUCCESSORS AND ASSIGNS, FOR OPERATION, MAINTENANCE, AND REPAIR OF ANY OR ALL PORTIONS OF THE SEPTIC TANK EFFLUENT PUMPS (STEP) SYSTEM INCLUDING BUT NOT RESTRICTED T0; SEPTIC TANKS, PUMP CHAMBERS, PRESSUREIGRAVITY SEWER CONNECTION LINES AND PUMP STATUS PANEL, OVER, UNDER AND THROUGH THE LAND HEREBY PLATTED. THE PURPOSE OF THE EASEMENT IS TO PROVIDE ACCESS FOR CITY OFFICERS AND EMPLOYEES TO THE CITY OWNED PORTION OF THE STEP SANITARY SEWER SYSTEMS. THE WIDTH OF THE EASEMENT HEREIN RESERVED SHALL BE FIVE FEET EACH SIDE OF PIPE AND ELECTRICAL LINES AS CONSTRUCTED. THE WIDTH OF THE TANK EASEMENT SHALL EXTEND FIVE FEET BEYOND THE EDGES OF THE TANK. THE OWNER SHALL MAINTAIN AND IS RESPONSIBLE FOR THE HOUSE LATERAL CONNECTING THE TANK TO THE HOUSE PLUMBING AND INLET TO THE TANK CHAMBER. THE CITY OF YELM SHALL HAVE THE RIGHT TO TEMPORARILY UTILIZE SUCH AREA BEYOND THE EASEMENT AREA DESCRIBED ABOVE THAT IS NECESSARY FOR THE OPERATION, MAINTENANCE AND REPAIR ACTIVITIES ON THE STEP SYSTEM. IT IS POSSIBLE THAT MAJOR LANDSCAPING ITEMS, E.G., SHRUBS AND TREES, WITHIN THE ABOVE EASEMENT RIGHT-OF-WAY MAY BE DAMAGED DURING THE PERFORMANCE OF OPERATION AND MAINTENANCE ACTMTIES. THE OWNER WAIVES ANY CLAIM AGAINST THE CITY FOR DAMAGE TO SAID ITEMS IN THE CASE WHERE WORK BY THE CITY IS DONE IN A REASONABLE MANNER. THE OWNER ALSO WAIVES ANY CLAIM AGAINST THE CITY FOR DAMAGES GENERALLY WHICH ARISE FROM "ACTS OF GOD OR OF THIRD PARTIES, NOT INVOLVING FAULT BY THE CITY OF YELM. THIS EASEMENT SHALL BE CONSIDERED AN ENCUMBRANCE WHICH TOUCHES AND CONCERNS THE LAND ABOVE DESCRIBED, AND BINDS OWNERS, TRANSFEREES, DONEES, SUCCESSORS AND ASSIGNEES IN INTEREST IN THE SAME MANNER AS IT BINDS OWNERS HEREIN. Note: The above easement provisions shall be shown on the face of the final plat, verbatim lettering shall not be less than 0.13 (1/8) inch in height. q:'.projcct\ 199419401 I \devclsta\appdixd.doc T]-~% City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 ~~a~s~itta~ fetter ,f, '' r -- -,~. ,.`, ,~, ~~. t .,` _- ,~ ~o: Interested Parties Company: Address: City, St Zip Items transmitted for: ® Review and comment ^ As Requested Date: Re: File No: Name: December 31, 20fl1 Final Plat Application SUB-Ol-8294-YL Crustal Creek Estates ^ For your records ^ Other Enclosed please find the final plat application for Case Number SUB-01-8294-YL, Crystal Creek Estates, for the construction of 13 residential lots. Please review and submit comments to the City of Yelm, Community Development Department, on or before January 11, 2002. Sib ed: Roberta Allen Community Development Administrative Assistant cc: Cathie Carlson, Community Development Director ~'~= L q. i " ~/~~ r ~ ~ /`~"~`--~ c.~ J~V ~~~Z '^A `,~ _--.~ t~ / tipQ' ~F ~ ~t~ 4~` '~ YELM WASNINOTON CITY ©F YELM PO Box 479 Yelm WA 98597 360-458-3244 APPLICATION FOR Final Plat OFFICIAL USE ONLY Fee Date Received sr File No, i Fee: $750.00 (In addition, any professional service charges per Resolution #358) Subdivision Name ~~^ ~y ~ 7>4 ~ V '7'S /--`~ ~ `s / ~ ~f ~ Date of Preliminary Plat Approval ~ ~ I i t 2f"'t~ SUBDIVIDER i ~l~ ~p,rJi_='S S Name Address ~r~l~Z.a, u1,4 ~~3a ~'• ~~o- g'3z-3~~~ Phone PROPERTY OWNER(S) Name y0 ~JU) - y~ c~v2 f Address ~~~~ ~ ~~A 5~3~~" Phone LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage `-3 ~~ 'dL Number of Single Fatuity Residential Lots ~3 Number of Commercial Lots ~ // / / 7~~~Z S-f' SmallestLotArea Total Acreage in Open Space 6..37 .1G Length In Public Streets ~3~i- Length In Private Streets SURVEYOR ~'Cat,~!/! I /JiSz~~isa ids `/iND .~~-ueyp/S Name /~~ y .~ /Z~.~~e r-' Bc.V.t~- Address L~i`~~A~15 1.J,4 ~lg~32 ~3~0~ ~1/`d~ - /ss Phone ENGINEER Name Po ~'ox 923 Address ~~o.Qe.Q u~ -'~- ~% c4' S ~3 ~. ~o- 2 5(0-- ~' 9/~ Phone Number of Multifamily Residerrtlel Lob ,~_ Number of industrial Lots Average Lot Area ~~ Lf Fee in Lleu of Open Space S ~/~~ L; Total Acreage in Public treets Total Acreage in Private Strreeb "- All of the information on the reverse side of this appllcationls required to be filed at the time of flnai plat. submittal unless a written waiver from the pla~ r o~ engineer accompanies the application. After this office has received written acknowledgment m aif departments required to sign the plat, the legislative body will be so advised and a date for a pubii~. meetir{g will beset for their consideration. •,N I ° NI o~ ~ O ~ ° 1 1 1 1 1 ~~~ oo~~ R R ~ R R ~ a~ ~ ~' _ I; ~ w ,~i ~' N Li~~ 1~ I~4 {~~ ~ ~ ~ O O O O i- ~ O ~ ~ ~~ w ~ N ~; ~ r~'+ ~d ~ ~ ~a a~~~ ~ °'~ ~Z ~ ~ ~ N~ to y to O ~ ~ ~ ~ ~ ~ l ,~ 4 ~ ~ 4 ~ ~ ~o `~ ~ i a z ~ U J ~~ < ~ W ,~ c7 ° ~ ~ ~ ~ a °z a° z ~~~ z ~~`° z ~m~ ~ ~ ~ ~ ~ ~~ o ~ ~ ~~ ~ ~ ~ ~~~ e ~ ~ 6 ~ ~ e ~ ~ 8a W ~ ~ ~~~ ~ ~~~ < ~~~ ®~ O ~+ ° xa `~ 1 ~ [~-, i `~i ~ ~ i'' ~I i . a~ LEI ~` ~ ~ ~ ~ 8 ~~~~_ ~ ~ ~~~ ~ ~ ~ ~~W~~3~~~ < ~ ~W~ m~ Z ~'h ~ ~ O~ ~ ~ ~~ .~~~ o~ ~ ~ ~ ~ ~ g O ?~ ~~~~FI-~~ ~(ylC716W t A y~ ~0~ ~ 2 A ~~~~~~~~~~~ ~ ~ ~~~~ x W ~~ O m~~ ~ V y~~ ~ W O ~0~~~3~~ ~Z=~~ ~ ~ ~ ~ Z~~~ o = o~a ~~~s~~~~~~~~Yl~~ ~ ~ 3 ~ ~ 80~~ _ ~ \ OWW6WH~~~g~~20~7 ~ Z~ < Z ~ ~~20< ~ ~ rS O O W ~ ~W ~ ~ ~~"Z~ ° b~~F~a~~ ~~<a~~~~~$~~~s~~ ~c~°~c~ii~ ~yqy{~~'~~ ~ ~ ~~(~~!(~y~;oo A:o ti ®p ~.~(F~~Od I~,~~~~Fg~ °U~~ CS ~~~~`~am~~0 ~~~~~W~.~C~~t ~ ~ ~^C19~~ "r fl-j~ 4` ~ M WW X41 t~S (/tom=l~ vj ~ ~ O 413 °F.<~ l~ ~a<~ ~~ C < ~"3 ~~t~ ~ ~W3~ W~ ~~F~~~~~~~U~W~~OF` 6W ~~~~~~~ ~ ~ ~ ~ ~u~~~t 7~ i (y F F O O-. ~~ ~ ~nFWS N O 4j~- W W f~ ~a ~ ~ ~° Yy$ ~~ g ~ ~~ ~ ~ ~~ ~ ~ W A O~ ~F ~ ~ _ ~SZYZW ~CIW V~~Q~ +~p «~~~~Z$ ~~ ~> ~~~~~~ZR ~ i< z~C O ~~<& C5 ~ ~1 2 ~ 6~ ~F .~c~ 2p ~„ ~ ~~< ~a~ ° ~_~~ ~~~~~~~ ~~-~ cFi 2T3 4$~ ~~y S Z a ~~C~~ Y~ ~Wy ~~~~~~~~N~O~ ~ try 1, W~ Z~2 i 2W~y7~°~ ~ fV ~~~ o N ~~,zF ~ ~ .~, aW~af F:3 ~~~-<>O ~~o~i ra CS~y ~Q~°~~~ 6 ~~y h ~ Ga secs ~ ~aa~~m~QW ~WZ~m'~~~<a~< '' °~~y ~~~~~ ~~Z ~`~ ~ ~Q~~ ~' ~~' ~i ~~ W ~~~~~d~~~~~~"~~`~~j~~1~~a~~~`~~~~o~ `~ ay~~~z~1Uy~ bgy ~~ ~~' ~ ~~F~i® < ~~, W~FZCO~a~ ^~oCZ~,x ° ~ 1-~~~~~ ~t~G10~ ~ZF {]qy~ ~~~ ~~K ~~m~ ~~~..py~.~CS ~{$F ~~~~Z65~.~.I oy~''i~O~~>~~ <~~~~~~ ~~$Z <{~W.< z~°~ ~~ x~ a k /-<~ C~.1 ~'~~ ~~Z W~y~- p~;~ ~~~C]~c~ <~~W~<~~ W W~~ ~~ 2 C5~ ~~}j x<tn~ ~-.l C I - ~- ,SL'ZlS ti ~ `` r^ r^ 1 v, 1 1 I I 'DNS Ql ,S'1Z-N I 1 ' I ~~~~N~ ~L n ~~r~ p ~ ap0^.~-b N N N^ ~~ N W 2 ~Y ~ a I ~g$$$$ Y oe ~.w..c.sv n vi Q 3~~as N~ I a I ~ ~N'~~5~ •~Nd at .ozz-N>~ ~~ ? v ° °o ~~ ~n W ~" ~ ~i g ~^~vvff ggi S~ I Y ~ ~Q<~~Z~Z$ ~ a V ~~ ~ O~ °, Cj ~ ~5p66 ~ ~~ 80'BB 300lZ10 N ~ ~ ~~~~~ !yo o~ I I ~~yr~ y~ 4 ~ ~ °~p~ pp~a ~~UUVU * $ ~pN $ ~~ I ~ d'$ UoK ~ m ~ ~ I ~ w~ 1y~+ f0'BB 3 DO !L!0 N ~ ~ n ~ ~ - ,t£'ZSBZ CSvj ~ U 'R o I d I ~ 00'B8 3 00,1Ll0 N $ ~ ~ ~ ~ ~ n ~ ~ ~~ ~ ~ C ~ g h ~A 5# d~ 53 ~ ~g ~ INv~~ C I U U~ BZ'BfgZ a'1 y ti ~ ~ ~ ~ ~ ,SB'LB 3,00,lZ:10 N .., 8 h~ n n ~ lu ~ ~L 3.fZ,SLIO N ~ a3 ~ n mI}~. <~ I 3.fZ,SLtO N - ~ _ ~ ~ I o N gib $ °ou~ g ~ ,fB•fz£t .fe•fzct ~~ ~ o .. c+~ A ~ * !8'LB 3,OD,1Z:10 N ~ ~ ~ N ; I "~ tf~n ~ I "~ ~ n ~+ rn ~i p3 ~ ciN I p ~ ~?- .. ~ ~ °R~'~mi~in u I ~m_izt~N I~io I `~ 1 L~ " 1 W O C~ C7~ ~""i W V ~~ 1 \~ ti ~~ ,LL'L!S _ _ w !'__ -' in --~ N ~~ . ~~-~~ _ __ tr~v ~F gip A~ D ~u' EX~RE DE~- ~ N'LY ~ - - ~ ,!8'BS8 ~~-' _ - NI ~~o ~ ~ a N _ _ ~__, .f!'!g8 ~ _ - O U w x N I H ~ ~ tN J m ~ ~ v / N N N ~ n `° g ~ ~ I I ~ °i ~ h ,~ ~ y~ ;f N '~ ~ 3~ O ~ U 1~ I N .++ m~ ~ ~ 3 V 4 ~ l~ 2 ~ a = {~p yJ ~ "' w ~ ~ ~ ~ ~ ~ N h E-~ ~ I~ m I x ~ ~ ~ ~ Y 1 >< ~ ~ ~ O ~~ ~y \ $ ~ ~ ~ v E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: JAN. 10.2002 To: City of Yelm I05 Yehn Avenue West Yelm, WA. 9897 ATTN: Catherine Carlson City Planner RE: Final Plat comments for Crystal Creek Estates Dear Ms. Carlson: We have reviewed the plat, lot closures and plat certificate for this subdivision. 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, ~~'~1. ~ Eddie True, P.L.S. Final Plat Comments Crystal Creek Estates 1) Health Officer certificate to be removed. 2) Update to City of Yelm new step easement. 3) All Thurston County plats recorded under Auditor File No., no vol. and page. 4) 3" sheet border on left and 3/32 text required. Sheet two ~) 3" sheet border on left and 3/32 text required. 6) Address should show Yehn, Wa. 98597. 7) Submit revised lot closures on Lots 1,12 and 13 and provide closures For total boundary and road centerlines. 8) Label 100 year floodplain and show open space as tract dedicated to The City of Yelm and show corners set and area. Also show tracts for the storm system and identify in notes the ownership and maintenance of all tracts. Provide emergency easement to the City of Yelm. 9) Linework should show boundary of deed and not to cl of road, redraw to show correct boundary. czTY or YELM COMMUNITY DEVELOPMENT DEPARr1ViENT PO BOK 479 -105'Y'EY.1Vi AVE W 'Y'ELM WA 9$597 (360) 458-3$35 FAX: (360) 4583144 TO: JQHN ANDERSQN ~ DATE: JANUARY 9, 2002 FAX #: 45$~b363 PAGES: 2, l~acluding this cover sheet. F T~O1VI: RQ~EI~TA AY.T.EN SDByECT: CR`Y"STAY, CIYEET~ ESTATES ADDTlESSTNG COMMENTS: John, The followiuug is the correct addressing for Crystal Creek Estates. * * YF YOU DO NOT RECEi'VE Ai.T. COpYES, OR ANY COP'Y' TS N0~' Y,EGYUY.F, pLLTASE CALL (360) 458-3835 AS soox As PoSSiBLE. Docame~u2 ********** -bb G£ 85b D9£ - *** - A30 WWDD Wl3A- ***************************************************************** - A30 WWOD-Wl3A ~D AlID- ££~00~00 ZDO/Z00 £9£985b6 ~D L00 uol}eenD sa8ed 'aN lal / ~eN uo!~e~S '~N ~88d 'wwoD •oN u~S G98 ~ 'aN a I ! ~ £b_~l 60-Uer ~ pu3 Zb~~~ 6D-uer : ~ae~S uolsslwsueal ~aowaW : 3aDW ** LD aHed ********* £b~~~ 3W11 **** ZDDZ-6Q-uer 31a4 **************************************** - ~aN~nor 'wwo~ - ********** o~ ?~ ~~ 4 ~Ilb MIAfMINOTON 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: JOHN ANDERSON DATE: JANUARY 9, 2002 FAX #: 458-6363 PAGES: 2, including this cover sheet. FROM: ROBERTA ALLEN SUBJECT: CRYSTAL CREEK ESTATES ADDRESSING COMMENTS: John, The following is the correct addressing for Crystal Creek Estates. * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 AS SOON AS POSSIBLE. Dowment2 City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 CRYSTAL CREEK ESTATES ADDRESSING Lot Number Parcel Number Street House 1V'umber 1 To be determined 91st Way SE 15746 2 9151 Way SE 15742 3 9150 Way SE 1738 4 915` Way SE 15734 5 9150 Way SE 15730 6 915` Way SE 15666 7 9151 Way SE 15662 8 9151 Way SE 15658 9 915` Way SE 15654 10 9150 Jay 5E 1560 11 915` Way SE 15646 12 915` Way SE 15642 13 91St Way SE 1638 I .t N O v 1 x R ~ ~. ~ k [`~ 11 ~x w o 0 C~C y L~ \ rn ~ `~ 1 o o r ~ o v ~~ ~i ~~ O bl MM ~'~1 o ~ ~ W 8 Z U ~~ ~ W o ,~," b a a ~ ~~ ~~~~_' a ~;~~~ -~~~~~ ~ < ~~3~Qf 3~ ~U ~~ ~ 47 ~ ~~~~~~ •o~=~ ~ o~~o~o~~~~~ ~ ~~a~~~$g~~~ ~~~ ~~o'~~~m ~~~~~~~~~~a~ ?? < ~ t/j F- V{ 3 G N~ ~~~~~~h~~8~~ '~ ~ mo~~~~~~ ~~~~ 8~~~~~Z~~~Q~ ~~ 4 ~<8~ i 3~ '~Z~a~<o~2 O A ~~ ~~~ ~~~xx~Cg~SSm~a ~~W~Fj~ ~~~~~zz ~3~~~~~ ~~ ~~ ~NN~~~~ ~~~~ ~< ~~~~o~ ~~Z ~~~ ~~~~~~~ w ~~~~~~~ ~~~~~~~~ ~Q2 Y 2od'FR ~ 3 ~~~y ~~~ ~~~w~ ~~ ~~~~~~~~ ~~~LS~m~ ~a~~~~~_ 0 A ~w a ~~~ ~d ~/ O w W x w 8 1 O 0 0 ~WW w, U 1 D H J i 8 a Z 3 ~ ~~ ~~ 1 ~~~ Z 2 ~ ~ ~~ ~ ° ]w ~<~ < a ~ 1W WV a~IK ~~ ~N2 ~ ~ ~ ~ ~ ~l Q ~~ ~ ~ I ~ ~ ~ ~ F- ~d <~ 0 x ~ `~ ~~ ~ ~ ~~° o ~ ~ ~ ; ~ ~ 0 4 m i ~ ~ ~ ~ __ ~ V ~~ ~ i ~ F a ~°~ ~ ~~~ Z ~y $~ ~~ y ~o~ ~~g~ ~~~~ ~t~~~i ~ ~~~~ ~~~< o~ ~ F <~L~ ~ ~°~~ ~~~~ ~~~~ Z i 8w ~ ~ ~~~~~~~~ ~~~~~<m~~~~~~~~~~~~ o ~~Z~~F~~~B W 1.. 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CGDS/WN22081 Area-Summary 00-104 1/21/10 13:56:41 Factor: 1.0000000 TEMPFILE.PTS: PERIMETER Point Tnt-Angle Bearing Distance Point North East 640 S 11-44-30 W 55.98 201 598288.989 1113593.838 201 179-43-52 S 11-28-22 W 29.40 198 598260.176 1113587.991 198 182-46-55 S 14-15-17 W 65.26 641 598196.926 1113571.921 641 76-57-00 S 88-47-43 E 967.47 1313 598176.585 1114539.178 1313 90-08-43 N 01-21-00 E 148.37 1312 598324.913 1114542.673 1312 89-48-13 N 88-50-47 W 937.63 640 598343.791 1113605.233 640 100-35-17 Perimeter: 2204.11 Accum.Perimeter: 2204.11 Approx: Sq.Feet: 140802.14 Acres: 3.23 Approx: Accum. - Sq.Feet: 140802.14 Acres: 3.23 Correct End - N: 598343.797 E: 1113605.230 Calc. End - N: 598343.791 E: 1113605.233 Error - N: -0.01 E: 0.00 Total: 0.01 Brg: N 23-51-08 W Distance Traversed: 2204.11 Closure: 301685 ------------------------------------------------------------------------ Prepared by: Bluhm & Associates Land Surveying, Inc. CGDS/WN22081 Area-Summary 00-104 1/21/10 14:30:12 Factor: 1.0000000 --------------------------------------------------------y--------------- TEMPFILE.PTS: TRACT "A" Point Int-Angle Bearing Distance Point North East 640 S 11-44-30 W 55.98 201 598288.989 1113593.838 201 179-43-52 S 11-28-22 W 29.40 198 598260.176 1113587.991 198 182-46-55 S 14-i5-17 W 65.26 641 598196.926 1113571.921 641 76-57-00 S 88-47-43 E 209.77 683 598192.515 11137$1.645 683 102-54-53 N 14-07-10 E 151.56 684 598339.496 1113818.617 684 77-02-03 N 88-50-47 W 213.43 640 598343.793 1113605.230 640 100-35-17 Perimeter: 725.40 Accum.Perimeter: 725.40 Approx: Sq.Feet: 31112.94 Acres: 0.71 Approx: Accum. - Sq.Feet: 31112.94 Acres: 0.71 Correct End - N: 598343.797 E: 1113605.230 Calc. End - N: 598343.793 E: 1113605.230 Error - N: -0.00 E: 0.00 Total: 0.00 Brg: N 03-47-31 W Distance Traversed: 725.40 Closure: 180382 TEMPFILE.PTS: CENTERLINES Point Int-Angle Bearing Distance Point North East 1314 N 88-47-43 W 701.92 689 598220.839 1113838.110 RAD: 100.00 LEN: 22.5 4 TAN: 11.32 CEN.ANG: 1 2-54-54 CHORD: 22.49 M0: 0.63 EXT: 0 .64 DEGREE: 57-1 7-45 SEG: 9.52 TRI: 1117.5 3 SEC: 1127. 05 RPT.: +690 689 90-00-00 N 01-12-17 E 100.00 690 598320.816 1113840.214 690 347-05-06 S 14-07-11 W 100.00 691 598223.837 1113815.820 689 173-32-33 N 82-20-16 w 22.49 691 598223.837 1113815.820 691 83-35-46 N 14-03-58 E 118.70 692 598338.978 1113844.669 692 282-54-54 DI 88-50-56 W 26.05 684 598339.502 1113818.625 684 257-01-54 S 14-07-10 w 151.56 683 598192.520 1113781.652 683 282-54-52 1113810.396 696 180-00-01 1114539.185 1313 269-51-17 1114539.880 1314 270-08-43 S 88-47-42 E S 88-47-43 E N 01-21-00 E 28.75 696 728.95 1313 29.50 1314 Perimeter: 1807.97 Accum.Perimeter: 1807.97 Approx: Sq.Feet: 25358.72 Acres: 0.58 Approx: Accum. - Sq. Feet: 25358.72 Acres: 0.58 Correct End - N: 598206.081 E: 1114539.874 Calc. End - N: 598206.081 E: 1114539.880 Error - N: 0.00 E: 0.01 Total: 0.01 Brg: S 84-42-22 W Distance Traversed: 1807.92 Closure: 323014 598191.916 598176.590 598206.081 Feb 28 02 01:27p Bluhm & Rssoc Land Survey 360-748-6282 p.2 TRACT B.ptc TRACT B M~ Lot 1 Bearing Distance Northing(Lat EastinglDep 598187.157 1114512.280 Start (POB) N 88047'43" W 657.07 13.814 -656.924 598200.971 1113855.3 56 ** Horizontal Curve: S 64002'50" W 21.9089 -9.588 -19.700 Chord pc-pt 59$191.383 l 113835.656 pt 5982UU.971 1113855:356 pc S 01012'17" W 24.00 -23.995 -0.505 Radial Tn pc-rp 598176.976 1113854.85I rp Delta: 54618'53" Radius: 24.0000 Length: 22.7513 Tangent: 12.3117 N 53006'36" W 24.00 14.407 -19.195 Radial Out rp-pt 598191.383 1113835.b56 pt S 88047'43" E 693.68 -14.584 693.527 598176.799 1114529.183 ** Horizontal Curve: N 58033'31" W 19.8105 10.334 -16.902 Chord pc-pt 598187.133 1114512.281 pt 598176.799 1114529.183 pc 5 54046'58" W 25.00 -14.417 -20.424 Radial In pc-rp 598162.382 1114508.759 rp Delta: 46040'58" Radius: 25.0000 Length; 20.3692 Tangent: 10.1881 N 08006'00" E 25.00 24.751 3.522 Radial Out rp-pt 598I87.133 l 114512.281 pi Closure in Lat(Dep: 0.024 -0.001 Starting Point: 598I87.I57~I114S12.280 Distance Error: N 02023'09" W 0.024 Tota! Distance: 1393.87 Accuracy Ratio: 1:58,028 Area: 6,820 ft2 0.157 Acres 0 Page 1 . Feb 28 02 01:27p Bluhm & Assoc Land Survey 360-748-6282 TRACT C.ptc Lot Closures -Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 1!22/2002 Dra~~ng: 00-104-1BAMELLLdwg Measurement Units: feet TRACT C Bearing Distance NarthinglLat EastinglDep 598218.940 1113794.479 Start (POB) N 14007`!0" E 124.19 120.438 ~ 30.295 598339.378 1 i 13824.774 N 88050'47" W 6.16 0.124 -6.159 5 98 3 3 9.5 02 1113 818.615 S 14007'10" W 151.56 -146.981 -3G.972 598192.521 1113781.643 S 88047'43" E 9.25 -0.194 9.248 598142.327 1113790.891 ** Horizontal Curve; N 07040'03" E 26.8563 26.616 3.583 Chord pc-pt 598218.943 l I13794.474 pt 598192.327 1113790.891 pc S 88047'03" E 119.50 -2.536 119.473 Radial In pc-rp 598189.791 1113910.364 rp Delta: 12054' 14" Radius: 119.5000 Length: 26.9132 Tangent: 13.5137 N 75052'50" W 119.50 29.152 -115.890 Radial Out rp-pt 598218.943 1113794.474 pt Closure in Lat/Dep: -0. 003 0.005 Starting Point: 598218.940 1113794.479 Distance Error: S 59002'!!" E 0.006 Total Distance: 318.07 Accuracy Ratio: 1:54,549 Area: 437 ft2 0.022 Acres p.3 Page 1 • Feb 28 02 01:27p Bluhm & Rssoc Land Survey 360-748-6282 p.5 ROAD.ptc C J L 9- st- lit~a~ --~ -~-h~e. 5 ~ ~~ l~ Lot Closures -Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 2/5/2002 Drawing: 40.104-1BAMELLI.dwg Measurement Units: feet Lot 0 Bearing Distance Northing/I,at Easting/Dep 598205.660 1114559.870 Start (POB) N 88°4T43" W 721.92 15.178 ' -721.760 598220.83 8 1113 83 8.110 ** Horizontal Curve: N 82°20'16" W 22.4932 2.999 -22.293 Chord pc pt 598223.837 11 13815.817 pt 598220.838 1113838.110 pc N O1°12'17" E 100.00 99.978 2.102 Radial In pc-rp 598320.816 1113840.212 rp Delta: I2°54'54" R'' 3ius: 100A000 Length: 22.5409 Tangent: 11.3184 S 14°07'11° W 100.00 -9G.979 -24.395 Radial Out rp-pt 598223.837 1113815.817 pt Map Check Lat/Dep: 0.000 0.000 End Point: 598223.837 1113815.817 Open Figure Page 1 Feb 28 02 01:27p Bluhm & Rssoc Land Survey 360-748-6282 ROAD2 , pt: c N-s l~tz.rt~c load Lot Closures -Prepared using Survey/Civil Solurions for AutoCAD Bearing Mode Date Prepared: 2/5/2002 Drawing: 00-104-1BAMELLI.dwg Measurement Units: feet Lot 0 Bearing Distance Northing/Lat Easting/Dep 598338.974 1113844.780 Start (POB) S i4°07'10" W 128.68 -124.793 -31.391 598214.181 1113813.389 ** Horizontal Curve: S 07°40'03" W 22.4739 -22.273 -2.999 Chord pc-pt 598191.908 1113810.390 pt 598214.181 1113813.389 pc S 75°52'50" E 100.00 -24.394 96.974 Radial In pc-rp 598189.787 1113910.368 rp Delta: 12°54'14" Radius: 100.0000 Length: 22.5215 Tangent: 11.3086 N 88°47'03" W 100.00 2.121 -99.978 Radial Out rp-pt 598191.908 1113810.390 pt Map Check Lat/Dep: 0.003 0.001 End Point: 598191.411 1113810.391 Open Figure p.4 Page 1 ROAD3.ptc Lot Closures -Prepared using Sun-e}~/Ci~-il Solutions for AutoCAD Bearing Mode Date Prepared: 2/5/2002 Dra~~ng: 00-104-1BAMELLI. d~`g Measurement Units: feet Lot 0 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 598205.660 1114559.870 Start (POB) N 88°47'43" W 721.92 15.178 -721.760 598220.838 1113838.110 ** Horizontal Curve: N 82°20'16" W 22.4932 2.999 -22.293 Chord pc-pt 598223.837 1113815.817 pt 598220.838 1113838.110 pc N O1°12'17" E 100.00 99.978 2.102 Radial In pc-rp 598320.816 1113840.212 rp Delta: 12°54'54" Radius: 100.0000 Length: 22.5409 Tangent: 11.3184 S 14°0711" W 100.00 -96.979 -24.395 Radial Out rp-pt 598223.837 1113815.817 pt N 14°07'11" E 118.72 115.133 28.962 598338.970 111384-1.779 Map Check Lat/Dep: 0.001 0.001 -------------- -------------- End Point: 598338.974 11138-1.1.780 Open Figure Pale 1 Feb 28 02 01:27p Bluhm & Assoc Land Survey 360-748-6282 p.6 Prepared by: Bluhm ~ Associates Land Surveying, Inc. CGDS/WN22081 Area-Summary 00-104 2!28/10 t2:12:28 Factor: 1.0000000 TEMPFILE.PTS: LOT 3 _ ~ ~ ~ ~ Point Int-Angle Bearing Distance Point North East 642 S 01-21-00 W 67.42 b85 598257.721 !!1 4531.088 RAD:21.00 LEN: 32.93 TAN: 20.95 CEN.ANG:89-51-17 CHORD: 29.66 MO: 6.13 EXT:8.66 DEGREE: 272-50-13 SEG: 125.30 TRI:220.50 SEC: 345.80 RPT.: +686 685 270-00-00 N 88-39-00 W 21.00 686 598258.217 1114510.094 68b 89-51-17 S 01-12-17 W 21.00 13]5 598237.222 1114509.652 685 224-55-54 S 46-16-54 W 29.66 1315 598237.222 1]14509.652 ]315 224-55-23 N 88-47-43 W 39.05 660 59823$.043 1114470.610 66U 270-08-43 N 01-21-00 E 88.31 644 598326.329 1114472.691 644 269-48-13 S 88-50-47 E 60.00 642 598325.121 1114532.b79 642 270-11-47 Perimeter: 287.71 Accum.Perimeter: 287.71 Approx: Sq.Feet: 5205.93 Acres: 0.12 Approx: Accum. - Sq.Feet: 5205.93 Acres: 0.12 Correct End - N: 598325.122 E: 1114532.677 Calc. End - N: 598325.121 E: 1114532.679 Error - N: -0.00 E: 0.00 Total: 0.00 Brg: N 59-OS-54 W Distance Traversed: 284.44 Closure: 122867 Traversed: 284.44 Closure: 77659 Feb 28 02 01:28p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT 2 Point Int-Angle Beating 644 S 01-21-00 W 660 90-08-113 N 88-47-43 W 66l 89-51-]7 N O]-21-00 E 645 90-11-47 S 88-50-47 E 644 89-48-13 Distance Point North East 88.31 660 598238.044 11I4470.b08 50.00 661 598234.096 1114420.619 88.27 645 598327.341 1114422.699 50.00 644 598326.334 1114472.689 Perimeter: 276.58 Accum.Perimeter: 564.29 Approx: Sq.Feet: 4414.60 Acres: O.10 Approx: Accum. - Sq.Feet: 9620.51 Acres: 0.22 Correct End - N: 598326.330 E: 1114472:689 Calc. End - N: 598326.334 E: 1114472.b89 Error - N: 0.00 E: -0.00 Total: 0.00 Brg: S 00-18-18 E Distance Traversed: 276.58 Closure: 60066 p.7 Feb 28 02 01:28p Bluhm & Flssoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT 3 Point Int-Angle Bearing 64s s of-2l-ao w 661 90-08-43 N 88-47-43 W 662 89-51-17 N O1-21-00 E 646 90-11-47 S 88-50-47 E 645 89-48-i3 Distance Point North East 88.27 66I 598239.091 1114420.619 50.00 662 $98240.142 1114370.630 88.22 646 598328.338 1114372.709 50.00 645 598327.331 1114422.698 Perimeter: 276.49 Accum.Perimeter: 840.78 Approx: Sq.Feet: 4412.10 Acres: 0.10 Approx: Accum. - Sq.Feet: 14032.62 Acres: 0.32 Correct End - N: 598327.336 E: I 1 I4422.699 Calc. End - N: 598327.331 E: ] 1 ]4422.698 Error- N: -0.01 E: -0.00 Total: 0.01 Brg: N 02-45-41 E Distance Traversed: 276.49 Closure: 51212 p.8 Feb 28 02 01:28p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT 4 Point Int-Angle Bearing 646 S O]-21-00 W 662 90-08-43 N 88-47-43 W 663 89-51-17 N O1-2I-00 E 647 90-11-47 S 88-50-47 E 646 89-48-13 Distance Point North East 88.22 b62 598240.148 1114370.630 50.00 663 598241.149 1114320.641 88.18 647 598329.354 1114322.719 50.00 646 598328.348 1114372.709 Perimeter: 276.40 Accum.Perimeter: 1117.18 Approx: Sq.Feet: 4410.10 Acres: 0.10 Approx: Accum. - Sq.Feet: 18442.72 Acres: 0.42 Correct End - N: 598328.343 E: 1114372.709 Calc. End - N: 598328.348 E: 1114372.709 Error - N: 0.00 E: -0.00 Total: 0.00 Brg: S 00-18-18 E Distance Traversed: 276.40 Closure: 60027 p.9 , Feb 28 02 01:28p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT 5 Point Int-Angle Bearing 647 S 01-21-00 W 663 90-08-43 N 88-47-43 W 664 89-S1-17 N OI-21-00 E 648 90-11-47 S 88-50-47 E 647 89-48-13 Distance Point North East 88.18 663 59824i.i94 1114320.641 50.00 664 598242.245 1114270.652 88.13 648 598330.351 i I 14272.728 50.00 647 598329.344 1114322.718 Perimeter: 276.31 Accum.Perirneter: 1393.49 Approx: Sq.Feet: 4407.60 Acres: 0.10 Approx: Accum. - Sq.Feet: 22850.32 Acres: 0.52 Correct End - N: 598329.350 E: l l 14322.718 Ca]c..End - N: 598329.344 E: 1114322.718 Error - N: -0.01 E: -0.00 Total: 0.01 Brg: N 02-45-41 E Distance Traversed: 27631 Closure: 51178 p. 10 Feb 28 02 01:28p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFII,E.PTS: LOT 6 Point Int-Angle Bearing 648 S 01-21-00 W 664 90-08-43 N 88-47-43 W 665 89-51-17 N O1-21-00 E 649 90-11-47 S 88-50-47 E 648 89-48-13 Distance Point North East 88.13 664 598242.251 1114270.652 50.00 665 598243.302 1114220.663 88.09 649 598331.368 1J 14222.738 50.00 648 598330.361 1114272.728 Perimeter: 276:22 Accum.Perimeter: 1669.71 Approx: Sq.Feet: 4405.60 Acres: 0.10 Approx: Accum. - Sq.Feet: 27255.92 Acres: 0.63 Correct End - N: 598330.356 E: 1114272728 Calc. End - N: 598330.361 E: 1114272.728 Error - N: 0.00 E: -0.00 Total: 0.00 Brg: S 00-18-18 E Distance Traversed: 276.22 Closure: 59988 p.il Feb 28 02 01:29p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT 7 Point lnt-Angle Bearing 649 S O1-21-00 W 665 90-08-43 N 88-47-43 W b66 89-51-17 N O1-21-00 E 650 90-11-47 S 88-50-47 E 649 89-48-13 Distance Point North East 88.09 665 598243.297 1114220.663 50.00 666 598244.349 1114170.674 88.04 650 598332.364 1114172.748 50.00 649 598331.358 1114222.738 Perimeter: 276.13 Accum.Perimeter: 1945.84 Approx: Sq.Feet: 4403.10 Acres: 0.10 Approx: Accum. - Sq.Feet: 31659.02 Acres: 0.73 Correct End - N: 598331.363 E: 1114222.738 Calc. End - N: 598331.358 E: 1114222.738 Error - N: -0.01 E: -0.00 Total: 0.01 Brg: N 02-45-41 E Distance Traversed: 276.13 Closure: 51145 p. 12 Feb 28 02 01:29p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFII.E.PTS: LOT 8 Paint Int-Angle Bearing 650. S D1-21-00 W 666 90-08-43 N 88-47-43 W 667 89-51-17 N O 1-21-40 E 651 90-11-47 S $8-50-47 E 650 89-48-13 Distance -Point North East 88.04 666 598244.354 1114170.674 50.00 667 598245.405 ] 114120.685 88.00 651 598333.381 ]]14122.758 50.00 650 598332.374 1114172.748 Perimeter: 276.04 Accum.Perimeter: 2221.88 Approx: Sq.Feet: 4401.10 Acres: 0.10 Approx; Accum. - Sq.Feet: 36060.12 Acres: 0.83 Correct End - N: 598332.370 E: 1 l 14172.748 Calc. End - N: 598332.374 E: 1114172.748 Error,- N: 0.00 E: -0.00 Total: 0.00 Brg: S 00-18-18 E Distance Traversed: 276.04 Closure: 59949 p. 13 . Feb 28 02 01:29p Bluhm ~ Flssoc Land Survey 360-748-6282 TEMPFILE.PTS: LaT 9 Point Int-Angle Bearing 651 S 01-21-00 W 667 90-08-43 N 88-47-43 W 668 89-S1-17 N 01-21-00 E 652 90-II-47 S 88-50-47 E 651 89-48-13 Distance Point North East 88.00 667 598245.401 1114120.685 50.00 663 598246.452 1114070.696 87.95 652 598334.377 1114072.768 50.00 651 598333.371 1114122.758 Perimeter: 275.95 Accum.Perimeter: 2497.83 Approx: Sq.Feet: 4398.60 Acres: 0.10 Approx: Accum. - Sq.Feet: 40458.72 Acres: 0.93 Correct End - N: 598333.376 E: 1114122:758 Calc. End - N: 598333.371 E: l 114122.758 Error. - N: -0.01 E: -0.00 Total: 0.01 Brg: N 02-45-41 E Distance Traversed: 275.95 Closwe: 51112 p. 14 Feb 28 02 01:29p Bluhm & Rssoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT i0 Point Int-Angle Bearing 652 S 01-21-00 W b68 90-08-43 N 88-47-43 GV 669 89-51-17 N fl1-21-00 E 653 90-11-47 S 88-Sfl-47 E 652 89-48-13 Distance Point North East 87.95 b68 598246.457 III4470.696 54.00 669 598247.508 1114420.707 87.91 653 598335.394 1114022.778 50.00 652 598334.387 1114072.768 Perimeter: 275.86 Accum.Perimeter:2I73.69 Approx: Sq.Feet: 4396.b0 Acres: O.Ifl Approx: Accum. - Sq.Feet: 44855.32 Acres: I.03 Correct End - N: 598334.383 E: 1114472.768 Calc. End - N: 598334.387 E: ] 114472.76$ Error - N: 0.04 E: -0.00 Total: 0.00 Brg: S as-18-18 E Distance Traversed: 275.$6 Closure: 59914 p. 15 Feb 28 02 01:29p Bluhm & Assoc Land Survey 360-748-6282 T'EIvIPFII.E.I?TS: LOT 11 Point Int-Angle Bearing 653 S 01-21-00 W 669 90-08-43 N 88-47-43 W b70 89-SI-i7 N 01-21-00 E 654 90-11-47 S 88-50-47 E 653 89-48-I3 Distance Point North East 87.91 669 598247.504 I114020.706 50.00 670 598248.555 1113970.717 87.86 654 598336.391 1 ] 13972.787 50.00 653 598335.384 1114022.777 Perimeter: 275.77 Accum.Peruneter: 3049.46 Approx: Sq.Feet: 4394.10 Acres: 0.1 O Approx: Accum. - Sq.Feet: 49249.42 Acres: 1.13 Correct End - N: 598335.389 E: 1114022.777 Calc. End - N: 598335.384 E: 1114022.777 Error - N: -O.Oi E: -0.00 Total: O.OI Brg: N 02-45-41 E Distance Traversed: 275.77 Closure: 51078 p. 16 Feb 28 02 01:30p Bluhm & Assoc Land Survey 360-748-6282 TEMPFILE.PTS: LOT 12 Point Iat-Angle Bearing 654 S O1-21-00 W 670 90-08-43 N 88-47-43 W 671 89-51-17 N O1-21-00 E 655 90-11-47 S 88-50-47 E 654 89-48-13 Distance Poin# North East 87.86 670 598248.560 1113970.717 50.00 671 59$249.612 1113920.728 87.82 655 598337.407 1113922.797 50.00 654 598336.401 1113972.787 Perimeter: 275.68 Accum.Perimeter: 3325.14 Approx: Sq.Feet: 4392.10 Acres: O.10 Approx: Accum. - Sq.Feet: 53641.52 Acres: 1.23 Correct End - N: 598336.396 E: l 113972.787 Cale. End - N: 59833b.401 E: 1113972.787 Error - N: 0.00 E: -0.00 Total: 0.00 Brg: S 00-18-18 E Distance Traversed: 275.b8 Closwe: 59871 p. 17 Feb 28 02 01:30p Bluhm & Flssoc Land Survey 360-748-6292 TEMPFILE.PTS: LOT 13 Point Int-Angle Bearing Distance Point North East 655 S O1-21-00 W 87.82 67i 598249.607 111 3920.728 671 90-08-43 N 88-47-43 W 50.32 672 598250.665 1113870.419 RAD: 13.00 LEN: 23.35 TAN: 16.32 CEN.ANG: 102-54-54 CHORD: 20.34 MO: 4.90 EXT:7.86 DEGREE:440~4-12 SEG:69.42 TRI:82.3b SEC: 151.78 RPT.: +680 b72 90-00-00 N O1-12-17 E 13.00 680 598263.662 1113870.689 680 257-OS-06 N 75-52-49 W 13.00 681 598266.837 1113858.083 672 128-32-33 N 37-20-16 W 20.34 681 598266.837 1113858.083 681 l2$-32-34 N 14-07-10 E 73.7.4 b82 598338.349 I t 13876.071 682 142-57-57 S 88-50-47 E 46.73 655 598337.408 1113922.792 b55 .89-48-13 Perimeter: 281.96 Accum.Perimeter: 3607.10 Approx: Sq.Feet: 4916.88 Acres: 0.11 Approx: Accum. - Sq.Feet: 58558.40 Acres: 1.34 Correct End - N: 598337.403 E: 1113922.797 Calc. End - N: 598337.408 E: 1 i 13922.792 Error - N: 0.01 E: -U.Oi "Total: 0.01 Brg: S 43-57-53 E Distance Traversed: 278.95 Closure: 35890 p. 18 Form ~1',~-> (h 761 Commitment Face Pee `~~~ a ~i E H, C-9 ~c ~' 0~ COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor or the proposed Insured named in Schedule A, as owner or mortgage of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the 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 indorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by and authorized officer or agent. IN WITNESS WHEREOF, the Company has causedthis Commitment to be signed and sealed, to become valid when countersigned by and authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." J ~.~~~ L E ! 1/ S ~9~ ~~~ ~",~t American Title Insurance Company W C~ r '/ /~ ~ __ ~„ • ~ V/O/ PRESIDENT ,- '. SEPTEM6ER 21 v b/ '. 19SE .' ? g~3 ATTEST NL{~~ /G%~L~ SECRETMY J ~ f ~CA1~f0~~\~~ ~~ ~-AJ ~. /~~ COUNIERSIGNEO B Y c/' ~~ ~ ~ ! \~~~ sue,-. ~~~~ First American Title Insurance Company 665 WOODLAND SQUARE LOOP S.E. LACEY, WA 98503 (360) 943-9350 FAX (360) 352-7417 DON PETERS MARK MORGAN MARI BECKLEY TITLE OFFICER TITLE OFFICERJMANAGER TITLE OFFICER SUBDIVISION GUARANTEE ORDER NO.: T856465- LIABILITY: $1,000.00 FEE: 230.00 TAX: $18.40 REFERENCE NO.: SEC. 18 T17N R2E SW QTR SW QTR FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, HEREIN CALLED THE COMPANY, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES BLOOM & ASSOCIATES HEREIN CALLED THE ASSURED, AGAINST ACTUAL LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCES SET FORTH IN SCHEDULE A. LIABILITY EXCLUSIONS AND LIMITATIONS NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN HEREIN. 2. THE COMPANY'S LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF ACTUAL LOSS SUSTAINED BY THE ASSURED BECAUSE OF RELIANCE UPON THE ASSURANCE HEREIN SET FORTH, BUT IN NO EVENT SHALL THE COMPANY'S LIABILITY EXCEED THE LIABILITY AMOUNT SET FOR"fH ABOVE. 3. THIS GUARANTEE IS RESTRICTED TO THE USE OF THE ASSURED FOR THE PURPOSE OF PROVIDING TITLE EVIDENCE AS MAY BE REQUIRED WHEN SUBDIVIDING LAND PURSUANT TO THE PROVISIONS OF CHAPTER 58.17. R.C.W.. AND THE LOCAL REGULATIONS AND ORDINANCES ADOPTED PURSUANT TO SAID STATUTE. IT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY TRANSACTION AFFECTING TITLE TO SAID PROPERTY. DATED: Octohcr 15. 2001 AT 8:00 A.M. ~-~~=- TITLE OFFICER Page 1 SUBDIV1SlON GUAI~..I'EI/ ORDER NO. T856465- SCHEDULE A THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: A. TITLE IS VESTED IN: ANNETTE DURKIN, AS HER SEPARATE ESTATE B. THAT ACCORDING TO THE COMPANY'S TITLE PLANT RECORDS RELATIVE TO THE FOLLOWING DESCRIBED REAL PROPERTY (INCLUDING THOSE RECORDS MAINTAINED AND INDEXED BY NAME), THERE ARE NO OTHER DOCUMENTS AFFECTING TITLE TO SAID REAL PROPERTY OR ANY PORTION THEREOF, OTHER THAN THOSE SHOWN BELOW UNDER RECORD MATTERS. THE FOLLOWING MATTERS ARE EXCLUDED FROM THE COVERAGE OF THIS GUARANTEE: 1. UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. 2. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 3. TAX DEEDS TO THE STATE OF WASHINGTON. 4. DOCUMENTS PERTAINING TO MINERAL ESTATES. DESCRIPTION: THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., IN THURSTON COUNTY, WASHINGTON, LYING EASTERLY OF YELM CREEK; EXCEPTING THEREFROM THE NORTH 512.75 FEET; ALSO EXCEPTING THEREFROM THE EAST 20 FEET FOR COUNTY ROAD KNOWN AS CRYSTAL SPRINGS ROAD; ALSO EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING WITHIN THAT CERTAIN TRACT CONVEYED TO FRANK A. SCHARMANN AND ZORA SCHARMANN, HUSBAND AND WIFE. BY DEED RECORDED MARCH 30, 1950 UNDER RECORDING NO. 465210. RECORD MATTERS: GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 2001 AMOUNT BILLED: $562.31 AMOUNT PAID: $281.15 AMOUNT DUE: $281.16. PLliS INTEREST" AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 2271-83-30100 ASSF,SSF.D VALUE OF LAND: $39,300.00 ASSESSED VALUE OF IMPRO VEMENT: $0.00 Page 2 ORDI/R NO. 'I'85646J- NOTE: GENERAL TAXES ON THE MOBILE HOME FOR THE YEAR 2001 WHICH HAVE BEEN PAID. AMOUNT: $446.28 MOBILE HOME TAX ACCOUNT NO.: 9980-04-27200 2. IF THE MOBILE HOME LOCATED UPON THE PREMISES IS TO BE INSURED UNDER THE POLICY TO ISSUE HEREUNDER, A MANUFACTURED HOME TITLE ELIMINATION APPLICATION (FORM TD 420-730) PURSUANT TO CHAPTER 65.20 RCW MUST BE RECORDED IN THE THURSTON COUNTY RECORDING OFFICE. NOTE: A FEE WILL BE CHARGED BY THE STATE OF WASHINGTON DEPARTMENT OF LICENSING FOR PROCESSING A "MANUFACTURED HOME TITLE ELIMINATION APPLICATION". ABSENT THE RECORDING OF SAID MANUFACTURED HOME TITLE ELIMINATION APPLICATION, THE MOBILE HOME IS NOT CONSIDERED REAL PROPERTY AND WILL NOT BE COVERED BY OUR POLICY OF TITLE INSURANCE WHEN ISSUED. PLEASE ADVISE AT THE TIME OF CLOSING WHETHER A MANUFACTURED HOME TITLE ELIMINATION WILL BE EXECUTED. FOR CURRENT INFORMATION REGARDING APPLICABLE FEES, CHARGES, AVAILABILITY OF PROCESSING FORMS AND/OR PROCEDURE INQUIRIES, CONTACT: THURSTON COUNTY: (360) 786-5406 3. RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 542526, RESERVING ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME. REFERENCE TO WHICH SHOULD BE MADE FOR THE PARTICULARS. ANY SKETCH ATTACHED HERETO IS DONE SO AS A COURTESY ONLY AND IS NOT PART OF ANY TITLE COMMITMENT OR POLICY. IT IS FURNISHED SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING THE PREMISES AND FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY WHICH MAY RESULT FROM RELIANCE MADE UPON IT. KM/EJH Page 3 Form No. 1755 Commitment, Conditions and Stipulations COMMITMENT Conditions and Stipulations 1. The term ""mortgage,"" when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Companv under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment. ~~ Printed on Rac {cle0 °ape~ Road Dedication The West 10.00 feet of the East 30.00 feet of the North Half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., Thurston County, Washington dedicated for road purposes to the City of Yelm for Crystal Spring Road. Excepting thererfrom the North 512.75 feet of said subdivision. Exhibit A That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of YeIm Creek; Excepting therefrom the North 512.75 feet: Also excepting therefrom the East 20 feet for county road known as Crystal Springs Road; Also excepting therefrom that portion, if any; lying within that certain tract conveyed to Frank A. Scharmann and Zora Scharmann, husband and wife by deed recorded March 30, 1950 under Auditor's file No. 465210 in Thurston County; Washington 1' AFTER RECD ING RETURN TO: `~: RICHARD ONESS 4090 96`h Ave. E. Eatonville. WA 98328 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS LEGAL DESCRIPTION: That portion of the North half of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 2 East, W.M., lying easterly of YeIm Creek ASSESSOR'S TAX PARCEL NO: 22718330100 THIS DECLARATION IS MADE THIS DAY OF_ ~O1 ~y ANNETTE DURKIN, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH WHEREAS, Declarant is the owner of certain real property in the City of Yelm, Thurston County, as recorded under Auditor' File NO. in Thurston County, Washington. Lots 1 through 13, and the common areas of Crystal Creek Estates, as recorded in the office of the Thurston County Auditor on _day of .2001 ~ der Thurston County Auditor's Fee # (hereinafter referred to as "the property" or "properties"); acid WHEREAS, Declarant will convey certain of the said properties, subject to certain protective covenants, conditions and restrictions, reservations, liens and charges as hereinafter set forth. NOW, THEREFORE, Declarant hereby declares that the properties described in ARTICLE II hereof shall be held, sold, convened, subject to the following easements, restrictions, reservations, charges. liens, covenants and conditions, all of which are for the purpose of enhancing and protecting the value. desirabiliri~ and attractiveness of the properri~. These easements. restrictions. reservations, charges, liens, covenants, and conditions shall run ~i~ith the real property and shall be binding on all parties having or acquiring any right, title or urterest herein and/or on all parties having or acquiring any part thereof, and shall inure to the benefit of each owner thereof ~ ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Crystal Creek Estates, a Washington nonprofit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties; including contract purchasers, but excluding those having such interest merely as security for the pe mlance of an obligation. '~ ~~ Section 3. "Properties" shall mean and refer to that certain real property herein after described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. r'~1 Section 4. "Common Areas" shall mean all real property including the improvement~phereto owned by the Association for the common use and enjoyment of the owners. Section i. "Lot" shall mean and refer to any of the individual lots shown upon the recorded subdivision map of the Properties wit .~ he eYCeption of the Common Areas. Section 6. "Declarant" shall mean and refer to ANNETTE DURKIN, her successors or assigns who should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property «-hich is, and shall be, held, transferred, sold. conveyed and occupied subject to this declaration is located in. Thurston Countv, Washington, and is described as follows: .s-- ~.- . ~.~ i Lots 1 through 13, as contained on the Plat of Crystal Creek Estates der that certain Plat recorded in the off~~~,f the Thurston County Auditor on day of - _ ,2001~under Thurston County Auditor's ~`ee =_ ;-- All of which ~he~` sh reinafter be referred to as the "property" or ' groom perfe Legal description attached as Exhibit A. ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Pro e . No structure or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential lot other than a residential dwelling, not ~~ to exceed two stories in height, with a private garage or carport for not less than two or mor " han three~~ standard size passenger automobiles and one recreational vehicle, each lot shall provide at least four off street parking spaces including the garage, carport or driveway. During construction of a residential structure, a construction office and construction materials may be maintained, by the builder, on a residential lot. Also, fences in compliance with Section 7 and Section 8 herein, and outbuildings that i, service a residential structure that are in compliance with Section 4 herein, are allowed. ~~~ ,tip ~~~-~~- ~~ ~~`t. ~"e;t ~``"~J ~~~,C.,C.:i Section 2. Automobiles Boats. Trucks Trailers. Recreational Vehicles. The streets within the plat shall not be used for over night parking of any vehicles for more than seven (7) consecutive days, other than private automobiles. This covenant specifically prohibits the street storage of automobiles, boats, trucks. trailers or recreational vehicles. No owner of anv residential lot shall permit anv vehicle owned by such lot owner, any member of the lot owner's family or am~ guest, acquaintance, or invitee to be parked upon am~ street or upon any lot within the property for a period in excess of seven (7) days where such vehicle is non-operational, in repair or abandoned unless such vehicle is on a lot and enclosed in a garage or outbuilding, or screened by J a fence (in accordance with Seetion~ in such a manner that it is not easily visible from any street or any other lot in the plat. Section 3. Residential Use of Temporary Structures Prohibited. No trailer, tent; shack, garage; barn or other outbuildings or any structure of an_y temporary character erected or placed on the property shall at any time be used as a residence either temporarily or permanently. Section 4. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Cats, dogs, birds or other household pets may be kept if they are not kept, bred or maintained for any conunercial purpose; provided however, that they shall not be kept in numbers or Linder conditions so as to become a hazard to health, safety and/or the quiet enjoyment of any lot subject to this declaration. Any kennel or dog run must be screened from view of the street. Any dogs must be kept so as to minimize elcessive noise from barking or they shall be considered a nuisance according to the terms of the covenants. Section 5. Mortgages Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots. Title to any property obtained as a result of any foreclosure proceeding shall specifically be held subject to all of the provisions herein. Section 6. Building Setback;No building or detached structure (with the exception of fences as described in Sectior~ of this document) shall be located on an~~ residential lot nearer to the front line than the mid point of the house. '7 Section 7. Fence Requirements Fences shall not exceed six (6) feet in height. Fences shall be well constructed of suitable fencing materials and shall be artistic in design and shall be in architectural harmony with the buildings and fences of adjacent lots. No fence, wall or hedge over three (3) feet in height shall be erected, placed or altered on any lot nearer to any street than the building setback line, except that nothing shall prevent the erection of a necessary retaining v<~all, the top of which does not extend more than two feet above the finished grade at the back of said wall. All fences shall also meet the requirements of Sectio>~ and ~~where necessary. ~ ~~,~~; ,,,~~~ ~ - ' C Section 8. Easements. Easements for utilities; drainage, and access are reserved as delineated on the recorded plat map. If the storm conveyance pipes from the streets to the swales must be repaired the Homeowner's Association shall restore the easement reasonably to its former condition. Within these easements no structure,plantin~ or other material shall be placed or permitted to remainlwhich may damage or interfere with the installation and maintenance of utilities .or which may change the direction or flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 9. Ste. No sign of any kind shall be displayed to the public view on am• lot except professionally produced signs that total not more than three square feet, advertising the property for sale or rent. and/or signs used by a builder to advertise the property during the construction and sales period are permitted. Signs of a political nature may be displayed from 30 days prior to any election or primary election day and 30 days following election or primary election day. Section 10. Oil and Minin~Operations. No oil drilling; oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot nor shall oil wells; tanks; ttmnels; mineral excavations or shafts be permitted upon or in any lot. No derrick or other stntcture designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any lot. Section 11. Water Supply. No individual water supply system shall be permitted on any lot. Section 12. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 13. Garbage and Refuse Disposal. No lot, open space or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for proper disposal. Yard rakings, such as rocks, la~4m and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into or upon streets. ditches or adjacent property. The removal and proper disposal of all such materials shall be the sole responsibility of the individual lot owner. All containers for the storage or disposal of such material shall be kept in a clean and sanitan~ L condition. Section 14. Dwelling Size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 8~0 square feet for aone-storv dwelling, nor less than 7~0 square feet for a dwelling of more than one story. Section l~. Nuisance. No noxious or offensive activity shall be carried on upon any residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the value of the property of any neighbor or of the neighborhood in general. Section 16. Firearms ."The shooting of any type of weapon or firearm is prohibited, including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots. Section 17. Landscaping. The builder shall install or have installed prior to the occupancy of any home, landscaping of the front and at least one halfway through the side yards. The front yards shall be rass to the ~ rf one ice-der°~" H°~-* t~ ; , g gr~ve~l~mg-strip (~ ~--~=~~a s~~eet pavement and grass to grass in the front yards. Yards shall be regularly mowed, trees and bushes shall be neatly maintained at all times. ~~. ~ '`j ,/~ ~ ~. Section 18`O ce. G-.space Tracts shall be dedicated to Homeowners Association and -~?~~ ~ , the Homeo~~-ners Association shall be responsible for xnainr~;nin~ rim-^C° ~Y°°° °r~ maintaining the Stormwater Drainage Facilities and the access within the plat. Section 19. 0«-ners Easements and Enjoyment. Every o«~ner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to 7 every Lot, subject to the following pro si6r~; (a) The right of the Associati dedicate or transfer all or any part of Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the members. No such dedication or transfer, shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 20, Delegation of Use Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Areas and facilities to the members of his family, residents of his household, his tenants, or contract `~. purchasers who reside on the property. ARTICLE IV Section 1. The Association shall have two classes of voting membership. Section 2. Class "A"--Class "A" members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Section 3. Class "B"--Class "B" member(s) shall be the Declarant or successor and shall be entitled to four (-1) votes for each Lot owned. The Class B membership shall cease upon the happening of either of the following events, whichever occurs earlier: (1) When the total votes outstanding in the Class A membership U equals the total votes outstanding in the Class B membership; or (2) On December 31, 2006. Section 4. FHAlVA Ap rp oval. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration; Annexation of additional properties, dedications of Common Areas and amendment of this Declaration of Covenants, Conditions and Restrictions. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS ~~ Section 1. Creation of the lien and Personal Obligation for Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees. shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 2 Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the improvement and maintenance of the ~l~ j i re~~ ;nrt , ;~~~ s=~__;ntanonra ..~ Stormwater Facilities, landscaping a~- a~L~/ for the payment of reasonable costs to the association for insurance, accounting or legal fees. Section 3. Maximum Annual Assessment. Until December 31, 200; the maximum annual assessment shall be Two Hundred Dollars ($200.00) per lot. (a) From and after December 31, 2005, the maximum annual assessment may be increased ~% or less by a majority vote of the Board of Directors and may be increased above 5% by a vote of fifty percent (50%) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (b) The Board of Dire '6 may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual 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, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto. provided that any such assessment shall have the consent of fifty percent (50%) of the votes of each class of members who are voting in person or by prosy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action under Sections 3 and 4 shall be sent to all members no less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called; the presence of members or proxies entitled to cast siz-ty percent (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed, and uniform rates for all Lots and may be collected on a monthly or annual basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Areas. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of annual assessment shall be sent to every owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding on the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Anv assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of t~wclve (12%) per annum. The Association may bring action at latiw against the Owner personally obligated to pay the same, or foreclose the lien against the property. No o«-ner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his lot. Section 9. Subordination of the lien to Mortgages The lien of the assessments provided for herein shall be subordinate to lien of any first mortgage. Sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall ei~tinguish the lien and such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof Section 10. Every owner of a Lot that is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. Section 11. All monies collected by the Association must be used solely for the purpose(s) for which the funds were collected and this section may not be amended for any reason whatsoever. ARTICLE VI MAINTENANCE OF UTILITIES RAINAGE FACILITIES OP+ Section 1. Maintenance Covenant. Easements-are hereby granted for the installation, inspection, and maintenance of utilities, access road, drainage facilities and open space as delineated on the plat of Crystal Creek Estates, records of Thurston County. No encroachment ~~ill be placed ~yithin the easements which may damage or interfere «-ith the installation. inspection and maintenance of utilities. If the Homeo~~ners Association must work within any easement. it shall complete the ~york within a reasonable time and reasonably restore landscaping. ~~ All operations and maintenance of the storm drainage facilities, including all expenses, shall be paid by the Homeowner's Association. In the event the Homeowner's Association, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Homeowner's Association or successors wilifiilh~ or accidentally reduce the capacit<~ of the drainage system or render any part of the drainage system unusable, the Homeowner's Association or successors agree to the following remedy: After thirty (30) days notice by registered mail to the Homeowner's Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the fiill design for all costs associated with engineering and constnuction 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 the property and/or on lots in the plat of Crystal Creek Estates for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Homeowners Association or successors. Section 2. Maintenance of Facilities. ,,,~ (a) "~ .. 1~~~,y-- Homeowners Association hereby covenants and agrees to maintain in good order and repair the Y ~~"~' storm water facilities ~~dstz,~ts, located in designated Hato the requirements and standards of the City of Yelm, and all fences and equipment appurtenant to same. If in the opinion of the City of Yelm the facilities are not maintained to the our~t~~~ndards, a fee ma_v be charged to each property ~' owner by the Homeowners Association for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowner's Association or repairs can be done by the members. as long as work meets «-ith Cit<~ of Yelm standards. ~~ b) All storm water runoff from rooftops shall be handled to retain all runoff onsite as per the City of Yelm standards in place at the time of home construction. Section 3. Maintenance Schedule. Maintenance schedule for drainage system components ~ '~` 1 ~Td'Streats shall be completed as outlined in Exhibit ~~ j ~w~'y ~~' ~- ~ Section 4. The Crystal Creek Estates Homeowners Association shall provide the storm drainage i-~s~raet maintenance as required in the Residential Agreement to Maintain Stormwater Facilities and to Implement a Pollution Source Control Plan recorded in Thurston County. Section 5. Approximate Maintenance Schedule for Drainage System Component. This is attached in~lri~t A. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, Crystal Creek Estates Homeowners Association and/or owner of any lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges no~v or hereafter imposed by the provisions of this declaration; provided however, that the Declarant's right to enforce the provisions of this declaration shall terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this declaration: and provided further, however, that the termination of the Declarant's power to enforce this declaration shall in no wav affect the power of am~ successor; lot owner or Crystal Creek Estates Homeowners Association to enforce the terms and conditions of this declaration. In anv action to enforce the terms and conditions of this declaration, the party prevailing shall be entitled to an award of such party's costs, including attorney's fees, against the non-prevailing party for ~~Q all costs incurred with respect to the enforcement of this declaration. Failure of the Declarant or any such owner or contract purchaser or Crustal Creek Estates Homeowners Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall insure to the benefit of and be enforceable by the owner of any lot subject to this declaration, including the Declarant, Crystal Creek Estates Homeowners Associatio ~~t~eir respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this declaration is recorded; after which time said covenants shall be automatically extended successive periods often (10) years, unless an instnmient terminating all covenants, which is signed by not less than the owners then owning ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any period thereafter, of the property subject to this declaration and any supplemental declaration shall have been recorded with the Thurston County Auditor. The covenants and restrictions of this declaration may be amended or by an instrument signed by not less than the owners of seventy-five percent (75%) of the lots. Amendments shall take effect when they have been recorded with the Auditor of the Thurston County. ~~ ~' RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN Annette Durkin THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND City of Yelm (HEREINAFTER "Jurisdiction") The upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP's) are essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMP's. LEGAL DESCRIPTION: Parcel number 22718330100 located in Section 18, Township 17 North, Range 2E, W.M. Thurston County, Washington. Whereas, OWNER as constructed improvements, including but not limited to, building, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction to ensure the protection and enhancement of Jurisdiction's water resources, the Jurisdiction and OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". (2) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) ~2) abov_e. T all be available for inspection by appointment ~~11 C stal S rin s Road SE Yelm WA. the log book shall catalog the action taken, who took it, w e ii: was done, and any problems encountered or follow-on actions recommended. Maintenance items ("problems") fisted in Attachment "A' shall be inspected on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its monthly inspections. These completed checklists would then, in combination, comprise the monthly log book. (3) Submit an annual report to the Jurisdiction regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone number of the business, the person, or the firm responsible for plan implementation, and the person completing the report. (b) Time period covered by the report. (c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities for the next year. THE JURISDICTION SHALL: (1) Maintain all stormwater system elements in the public rights-of-way, such as catch basins, oil- water separators, underground sandfilters, underground infiltration galleries and pipes. (2) Provide technical assistance to OWNER in support of their operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as Jurisdiction time and resources permit, at no charge to OWNER (3) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER (4) Review this Agreement with OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the Jurisdiction shall give OWNER notice of the specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, written notice will be sent to OWNER stating the Jurisdiction's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grants unrestricted authority to the Jurisdiction for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the Jurisdiction in the preceding section. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. Owner Owner STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day ar~d year above personally appeared before me, ,~~~ ,,~LLl.~t~t~ and ~----' known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. r~ ~-. _ ~' °s ' _ "~. ~, ~ . x ~~)`~~e i''a 'r'ts~~;( ~~_~ I ary Publi~ c in and for the St to ~'T~~~~ Of= 4~1n.~i``!IP~i' r°ri~! ~ Washingt ,residing in i ,.~~x_' ... _.. _ t°`~""""~°"°°°'~"'"~` `""ti"'"-~"~~ ~ ~ My commission expires PART III MAINTENANCE PLAN SECTION 1 -REQUIRED MAINTENANCE The following pages contain maintenance needs for most of the components that are pant of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: 1.Monthly from November through April. 2.Once in late summer (preferably September). 3.After any major storm (use 1" in 24 hours as a guideline) items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "Checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggest frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. ATTACHMENT "A": MAINTENANCE PROGRAM Maintenance Checklist for Conveyance Systems (Pipes, Ditches and S~vales) Frequency Drainage J Req'd Problem Conditions To Check For Conditions That Should Exist System Feature h1.S. Pipes ~ Sediment & Accumulated sediment that Pipe cleaned of all sediment and debris exceeds 20;6 of the diameter debris. of the pipe. M ~ Vegetation Vegetation that reduces free All vegetation removed so water movement of water through flows freely. pipes. A ~ Damaged Protective coating is Pipe repaired or replaced. (rusted, bent damaged, rust is causing or crushed) more than 50% deterioration to any part of pipe. M ~ Any dent that significantly Pipe repaired or replaced. impedes flow (i.e., decreases the cross section area of pipe by more then 20%). M ~ ~ Pipe has major cracks or Pipe repaired or replaced. tears allowing groundwater leakage. M.S. Swales Trash & Dumping of yard wastes such Remove trash and debris and debris as grass clippings and dispose as prescribed by County branches into Swale. Waste Management Section. Unsightly accumulation of nondegradable materials such as glass, plastic, metal, foam and coated paper. M Sediment Accumulated sediment that Swale cleaned of all sediment and buildup exceeds 20% of the design debris so that it matchee design. depth. M Vegetation Grass cover is sparse and Aerate soils and reseed and mulch not growing weedy or areas are bare areas. Maintain grass height or over-grown overgrown with woody at a minimum of 6" for best vegetation. stormwater treatment. Remove woody growth, recontour and reseed as necessary. M Conversion Swale has been filled in or If possible, speak with homeowner by home- blocked by shed, woodpile, and request that Swale area be owner to shruhbery, etc. restored. Contact County to incompatible report problem if not rectified use voluntarily. ~ Swale does Water stands in Swale or A survey may be needed to check not drain flow velocity is very slow. grades. Grades need to be in I% Stagnation occurs. range if possible. If grade is less than 1%, underdrains may need to be installed. ~~ y~~ «.~ ..name wuetner a proo~em ex~scs, please contact the Jurisdiction and ask for technical assistance. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Frequency Drainage J Req'd Problem Conditions To Check For Conditions That Should Exist System Feature b1,5 General J Trash, Trash or debris in front of the No trash or debris located debris, and catch basin opening is blocking immediately in front of catch sediment capacity by more than 10%. basin opening. Grate is kept in or on clean and allows water to basin enter. Dl J Sediment or debris (in the No sediment or debris in the basin) that exceeds 1/3 the catch basin. Catch basin is depth from the bottom of basin dug out and clean. to invert of the lowest pipe into or out of the basin. M,S J Trash or debris in any inlet or Inlet and outlet pipes free of pipe blocking more than 1/3 of trash or debris. its height. M J Structural Corner of frame extends more Frame is even with curb. damage to than 3/4 inch past curb face frame into the street (if applicable). and/or top slab M J Top slab has holes larger than 2 Top slab is free of holes and square inches or cracks wider cracks. than 1/4 inch (intent is to make sure all material is running into the basin). M J Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more slab. than 3/~4 inch of the frame from the top slab. A J Cracks in Cracks wider than 1/2 inch and Basin replaced or repaired to basin longer than 3 feet, any evidence design standards. Contact a walls/ of soil particles entering catch professional engineer for bottom basin through cracks, or evaluation. maintenance person judges that structure is unsound. A J Cracks wider than 1!2 inch and No cracks more than 1!4 inch longer than 1 foot at the joint of wide at the joint of inlet/outlet any inletloutlet pipe or any pipe. evidence of soil particles entering catch basin through cracks. A J Settlement Basin has settled more than 1 Basin replaced or repaired to /misalign• inch or has rotated more than 2 design standards. Contact a ment inches out of alignment. professional engineer for evaluation. Frequency Drainage System Feature J Req'd Problem Conditions To Check For Conditions That Should Exist iti1,S J Fire hazard Presence of chemicals such No color, odor, or sludge. Basin is or other as natural gas, oil, and dug out and clean. pollution gasoline. Obnoxious color, odor, or sludge noted. 1\1,5 J Outlet pipe is V"egetation or roots growing No vegetation or root growth clogged with in inlet/outlet pipe joints present. vegetation that is more than six inches tall and less than six inches apart. If you are unsure whether a problem exists, please contact the Jurisdiction and ask For technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage J Req'd Problem Conditions To Check For Conditions That Should Exist System Feature M,S General Trash & See Maintenance Checklist for See Mfiintenance Checklist for debris Ponds. Ponds. buildup in pond n1 I'oieonous See Maintenance Checklist for See Maintenance Checklist for vegetation Ponds. Ponds. M,S Fire hazard See Maintenance Checklist for See Maintenance Checklist for or pollution Ponds. Ponds. M Vegetation See 14laintenance Checklist for See Maintenance Checklist for not growing Ponds. Ponds. or is overgrown M Rodent holes See Maintenance Checklist for See Maintenance Checklist for Ponds. Ponds. M Insects See Maintenance Checklist for See Maintenance Checklist for Ponds. Ponds. A Storage area J Sediment A soil texture test indicates Sediment is removed andlor buildup in facility is not working at its faci]ity is cleaned so that system designed capabilities or a•as infiltration system works incorrectly designed. according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A J Storage area A soil texture test indicates Additional volume is added drains facility is not working at its through excavation to provide slowly designed capabilities or was needed storage. Soil is (more than incorrectly designed. aerated and rototilled to 98 hours) or improve drainage. Contact overflows the City for information on its requirements regarding excavation. M J Sediment Any sediment and debris Clean out sump to design trapping filling area to 10% of depth depth. area from sump bottom fo bottom of outlet pipe or obstructing flow into the connector pipe. One Time J Sediment Stormwater enters infiltration Add a trapping area by trapping area directly without constructing a sump for area not treatment. settling of solids. Segregate present settling area from rest of facility. Contact City for guidance. Frequency Drainage System Feature J Req'd Problem Conditions To Check For Conditions That Should Exist bi Rock filters J Sediment By visual inspection little or Replace gravel in rock filter. and debris no water flows through filter during heary rain storms. S Infiltration J Infiltration Standing Water in Excavate bottom of trench as Trenches Failure Inspection Well After 48 necessary but at least 3 feet. hours after storm or Replace with crushed rock. Overflow during Storms Check pretreatment systems for effectiveness. Check tributary area for sediment sources. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms SECTION 2 -RESPONSIBLE ORGANIZATION The owner's or owner's representative shall be responsible for the operation and maintenance of all onsite drainage facilities. SECTION 3 -VEGETATION MANAGEMENT PLAN All disturbed pervious areas within the site will be landscaped to provide an aesthetically pleasing environment. SECTION 4 -SOURCE CONTROL Warning signs (e.g., "Dump No Waste -Drains to Groundwater") will be embossed or painted on or adjacent to all storm drain inlets and will be repainted periodically as necessary. BY-LAWS of CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION ARTICLE I The name of the corporation is Crystal Creek Estates Homeowners Association. hereinafter referred to as the "Association." The principal office of the corporation shall be located at 40905 96`'' Ave. E., Eatonville, WA 98328 or at such other location as may be determined by the Board of Directors, but meetings of members and directors may be held as such places within the State of Washington, as may be designated by the Board of Directors. ARTICLE II Section 1. "Association" shall mean and refer to Crystal Creek Estates Homeowners Association, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property, including the improvements thereto, owned by the Association for the common use and enjoyment of the Owners. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Areas. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the Properties, including contact purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Annette Durkin, her successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the Auditor in and for Thurston County, Washington. ~. Section 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION - 1 ARTICLE III MEETING OF MEMBERS Section l .-Annual Meetings. The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held during the same calendar month of each year thereafter, on such day and at such hour as may be determined by the Board of Directors. Section 2.-Special Meetings. Special meetings of the Members maybe called at any time by the President, Treasurer or by two Members of the Board of Directors, or upon written request of the Members who are entitled to vote ten percent (10%) of all the votes of the Class A Membership. Section 3.-Notice of Meetings. Notice and conduct of meetings shall be as provided in RCW 64.38.035. Section 4.-Quorum. A Quorum shall be as provided in RCW 64.38.040. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote attending shall have the power to adjourn the meeting from time to time, without notice other than the announcement at the meeting, until a quorum as provided shall be present or be represented. Section 5.-Proxie. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member on his Lot. ARTICLE IV BOARD OF DIRECTORS: SELECTION & TERM OF OFFICE Section 1.-Number. The affairs of this Association shall be managed by a Board of three (3) Directors, who are Members of the Association or designated by Declarant. Section 2.-Term of Office. At the first annual meeting the Members shall elect one (1) Director for a term of one (1) year, one (I) Director for a term of two (2) years and one (1) Director for a term of three (3) years; and at each annual meeting thereafter the Members shall elect one (1) Director for a term of three (3) years for each Director whose term of office expires at such time. Section 3.-Removal. Any Director may be removed from the Board, with or without cause by a majority vote of the Members of the Association at a meeting at which a quorum is present. In the event BY-LAW S CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -Z of death, resignation or removal of a Director, his successors shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. Section 4.-Compensation. No Director shall receive compensation for any service he may render to the Association. Section 5.-Action Taken Without a Meeting. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1.-Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee, shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filed. Such nomination may be made from among Members or non-Members. Section 2.-Election. Election to Board of Directors shall be secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provision of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETING OF DIRECTORS Section I .-Regular Meetings. Regular meetings of the Board of Directors shall be held every other month without notice, at such place and hour as may be fixed from time to time by resolution of the board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2.-Special Meeting. Special meetings of the Board of Directors shall be held when called by the President or Secretary of the Association, or by any two directors, after not less than three (3) days notice to each Director. BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -3 Section 3.-Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1.-Powers. The Board of Directors shall have power to: (a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties for any infraction; (b) suspend the voting rights of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association, such rights may also be suspended after notice and hearing, for a period not to extend sixty (60) days for infraction of published rules and regulations; (c) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation or the Declaration; (d) declare the office of a Member of the Board of Directors to be vacant in the event such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and (e) employ a manager, bookkeeper, accountant or an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2.-Duties. It shall be the duty of the Board of Directors to: (a) to keep a complete rec6rd of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting; (b) supervise officers, agents and employees of this Association, and to see that their duties are properly performed; (c) as more fully provided in the Declaration, to; BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -4 (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period, and provide for a meeting as required by RCW 64.38.025; (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advanced of each annual assessment period; and (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same; (d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e} procure and maintain adequate liability and hazard insurance on property owned by the Association; (f), cause all officers or employees having fiscal responsibilities to be bonded, as 'it may deem appropriate;. and (g) cause the Common Areas to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES -- Section 1.-Enumeration of Officers. The officers of this Associations shall be a President and Vice-President, who shall at all times be Members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may, from time to time by resolution create. Section 2.-Election of Officers. The elections of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3.-Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4.-Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -5 Section 5.-Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless other specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6.-Vacancies. A vacancy in any office may be filed by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7.-Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8.-Duties. The duties of the officers are as follows: (a) President: The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; Shall sign all leases, mortgages, deeds, and other written instruments and shall co-sign all checks and promissory notes. (b} Vice-President: The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. In the absence of the Treasurer, the Vice-President may co-sign with the President, documents necessary to be signed by the Treasurer. (c) Secretarv: The Secretary shall record the votes and keep the minutes and proceedings of the Board of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meeting of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and, shall perform such other duties as required by the Board. (d} Treasurer.' The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors,' shall sign all checks and promissory notes and other debt documents to maintain the financial status of the Association.; keep proper books of account; cause an annual audit of the Association books at the completion of each fiscal year, and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members and shall comply with RCW 64.38.045 (e) The President and Secretary shall prepare, execute, certify and record amendments to the governing documents or documents necessary to be recorded in Thurston County on behalf of the Association. BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -6 ARTICLE IX COMMITTEES The Board of Directors of the Association shall appoint Architectural Control Committee, as provided in the Declaration, and a Nominating Committee; as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X BOOKS AND RECORDS The books, records and papers of the Association shall, at all times be kept as provided in RCW 64.38.045, at reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available by any Member of the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve (12) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. Interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No owner may waiver or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot. ARTICLE XII CORPORATE SEAL The Association shall not have a seal. ARTICLE XIII MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -7 ARTICLE XIV AMENDMENTS Section 1. These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy. Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. ANNETTE DURKIN. PRESIDENT state of Washington of ~ ~~'' gnd arum to (or affmnetq before me jio~~_ A~,-n~e~N~e ~~Ou,~k~„ j ~r '~ M!- ~~ as-- ~ =~ BY-LAWS CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -8 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAU Bearing Mode Date Prepared: 11%1/2001 Drawing: 00-104-1BAMELLI.dwg Measurement Units: feet BOivESS Lot 1 Bearing Distance Northing/Lat 598238.044 N Ol°21'00" E 88.31 88.286 598326.330 S 88°50'47" E 60.00 -1.208 598325.122 S 01°21'00" w 67.42 -67.401 598257.721 ** Horizontal Curve: S 46°16'38" W 29.6608 N 88°39'00" W 21.00 Easting/Dep 111447u.bu8 Start (POBj 2.081 1114472.689 59.988 1114532.677 -1.589 1114531.088 -20.501 -21.435 Chord pc-pt 598237.220 11"14509.653 pt 598257.721 1114531.088 pc 0.494 -20.994 Radial In pc-rp 598258.215 111451U.094 rp Delta: 89°51'17" Radius: 21.0000 Length: 32.9335 Tangent: 20.9468 S Ol°12'17" W 21.00 -20.995 -0.441 Radial Out rp-pt 598237.220 1114509.653 pt ** Horizontal Curve: N 88°47'26" W 39.0532 0.824 -39.045 Chord pc-pt 598238.044 1114470.608 pt Closure in Lat/Dep: Starting Point: 0.000 0.000 -------------- -------------- 598238.044 1114470.608 Area: 5,206 ft2 0.120 Acres Lot 2 Bearing ------------ - Distance --------- -- Northing/Lat ------------ - Easting/Dep ------------- 598238.044 1114470.608 Start (POB) N Ol°21'00" E 88.31 88.286 2.081 598326.330 1114472.689 N 88°50'47" W 50.00 1.006 -49.990 598327.336 1114422.699 S Ol°21'00" W 88.27 -88.245 -2.080 598239.091 1114420.619 S 88°47'43" E 50.00 -1.051 49.989 598238.040 1114470.608 Closure in Lat/Dep: 0.004 0.000 Starting Point: -- ------------ - 598238.044 ------------- 1114470.608 Distance Error: N 00°00' 01" E 0.004 Total Distance: 564.29 Accuracy Ratio: 1:141,073 Area: 4,414 ft2 0.101 Acres Lot 3 Bearing Distance Northing/Lat Easting/Dep 598240.147 1114370.630 Start (POB) S 88°47'43" E 50.00 -1.052 49.989 598239.095 1114420.619 N O1°21'00" E 88.27 88.246 2.080 598327.341 1114422.699 N 88°50'47" W 50.00 1.007 -49.990 598328.348 1114372.709 S O1°21'00" W 88.22 -88.196 -2.079 598240.152 1114370.630 Closure in Lat/Dep: -0.005 0.000 Starting Point: --- ----------- - 598240.147 ------------- 1114370.630 Distance Error: South 0.005 Total Distance: 840.78 Accuracy Ratio: 1:168,156 Area: 4,412 ft2 0.101 Acres Lot 4 Bearing Distance Northing/Lat Easting/Dep -------- ---- ----- ----- -------------- - 598241.198 ------------- 1114320.641 Start (POB) S 88°47' 43" E 50.00 -1.051 49.989 598240.147 1114370.630 N 01°21' 00" E 88.22 88.195 2.078 598328.342 1114372.708 N 88°50' 47" W 50.00 1.007 -49.989 598329.349 1114322.719 S 01°21' 00" W 88.18 -88.156 -2.078 598241.193 1114320.641 Closure in Lat/Dep: 0.005 0.000 Starting Point: -------------- - 598241.198 ------------- 1114320.641 Distance Error: North 0.005 Total Distance: 1117.18 Accuracy Ratio: 1:223,435 Area: 4,410 ft2 0.101 Acres Lot 5 Bearing -------- --- Distance - ---------- Northing/Lat --- Easting/Dep ----------- 598241.198 -------------- 1114320.641 Start (POB) N Ol°21' 00" E 88.18 88.155 2.078 598329.353 1114322.719 N 88°50' 47" W 50.00 1.007 -49.990 598330.360 1114272.729 S Ol°21' 00" W 88.13 -88.106 -2.077 598242.254 1114270.652 S 88°47' 43" E 50.00 -1.051 49.989 598241.203 1114320.641 Closure in Lat/Dep: -0.005 0.000 Starting Po int: -------------- - 598241.198 ------------- 1114320.641 Distance Error: South 0.005 Total Distance: 1393.49 Accuracy Ratio: 1:278,697 Area: 4,408 ft2 0.101 Acres Lot 6 Bearing Distance Northing/Lat Easting/Dep - -------- ---- ----- ----- -------------- 598243.300 --- ---------- 1114220.663 Start (POB) S 88°47' 43" E 50.00 -1.051 49.989 598242.249 1114270.652 N Ol°21' 00" E 88.13 88.106 2.076 598330.355 1114272.728 N 88°50' 47" W 50.00 1.006 -49.990 598331.361 1114222.738 S Ol°21' 00" W 88.09 -88.065 -2.075 598243.296 1114220.663 Closure in Lat/Dep: 0.004 0.000 Starting Point: 598243.300 1114220.663 Distance Error: N 00°00`01" E 0.004 Total Distance: 1669.70 Accuracy Ratio: 1:417,426 Area: 4,405 ft2 0.101 Acres Lot 7 Bearing -------- --- Dis - ----- tance ----- Northing/Lat -------------- - Easting/Dep ------------- 598243.300 1114220.663 Start (POB) N O1°21' 00" E 88.09 88.066 2.075 598331.366 1114222.738 N 88°50' 47" W 50.00 1.006 -49.990 598332.372 1114172.748 S 01°21' 00" W 88.04 -88.015 -2.074 598244.357 1114170.674 S 88°47' 43" E 50.00 -1.051 49.989 598243.306 1119220.663 Closure in Lat/Dep: -0.006 0.000 Starting Po int: -------------- - 598243.300 ------------- 1114220.663 Distance Error: South 0.006 Total Distance: 1945.84 Accuracy Ratio: 1:324,306 Area: 4,403 ft2 0.101 Acres Lot 8 Bearing Distance Northing/Lat Easting/Dep - -------- --- - ----- ----- -------------- 598245.403 -------- ----- 1114120.685 Start (POB) S 88°47' 43" E 50.00 -1.052 49.989 598244.351 1114170.674 N Ol°21' 00" E 88.04 88.016 2.074 598332.367 1114172.748 N 88°50' 47" W 50.00 1.007 -49.990 598333.374 1114122.758 S Ol°21' 00" W 88.00 -87.976 -2.073 598245.398 1114120.685 Closure in Lat/Dep: 0.005 0.000 Starting Po int: -------------- 598245.403 -------------- 1114120.685 Distance Error: North 0.005 Total Distance: 2221.88 Accuracy Ratio: 1:444,375 Area: 4,401 ft2 0.101 Acres Lot 9 Bearing -------- Dis ---- ----- tance ----- Northing/Lat -------------- - Easting/Dep ------------- 598245.403 1114120.685 Start (POB) N O1°21' 00" E 88.00 87.975 2.073 598333.378 1114122.758 N 88°50' 47" W 50.00 1.007 -49.990 598334.385 1114072.768 S Ol°21' 00" W 87.95 -87.926 -2.072 598246.459 1114070.696 S 88°47' 43" E 50.00 -1.051 49.989 598245.408 1114120.685 Closure in Lat/Dep: -0.005 --- - ------ 0.000 ------------- Starting Point: - --- - 598245.403 1114120.685 Distance Error: South 0.005 Total Distance: 2497.83 Accuracy Ratio: 1:499,566 Area: 4,399 ft2 0.101 Acres Lot 10 Bearing -------- --- Distance - ---------- Northing/Lat -------------- - Easting/Dep ------------- 598247.505 1114020.706 Start {POfi) S 88°47' 43" E 50.00 -1.051 49.989 598246.454 1114070.695 N Ol°21' 00" E 87.95 87.925 2.072 598334.379 1114072.767 N 88°50' 47" W 50.00 1.007 -49.989 598335.386 1114022.778 S Ol°21' 00" W 87.91 -87.886 -2.072 598247.500 1114020.706 Closure in Lat/Dep: 0.005 ---- -- ------ - 0.000 ------------- Starting Po int: - - 598247.505 1114020.706 Distance Error: North 0.005 Total Distance: 2773.69 Accuracy Ratio: 1:554,738 Area: 4,397 ft2 0.101 Acres Lot 11 Bearing -------- --- Distance - ---------- Northing/Lat -------------- - Easting/Dep ------------- 598247.505 1114020.706 Start (POB) N 01°21' 00" E 87.91 87.886 2.071 598335.391 1114022.777 N 88°50' 47" W 50.00 1.006 -49.989 598336.397 1113972.788 S 01°21' 00" W 87.86 -87.835 -2.070 598248.562 1113970.718 S 88°47' 43" E 50.00 -1.052 49.989 598247.510 1114020.707 Closure in Lat/Dep: -0.005 - -0.001 Starting Po int: ------------ - - 598247.505 ------------- 1114020.706 Distance Error: S 11°18'35" W 0.005 Total Distance: 3049.46 Accuracy Ratio: 1:598,049 Area: 4,394 ft2 0.101 Acres Lot 12 Bearing -------- --- Distance - ---------- Northing/Lat -------------- - Easting/Dep ------------- 598338.271 1113923.785 Start (POB) S Ol°58' 29" W 88.72 -88.667 -3.057 598249.604 1113920.728 S 88°47' 43" E 50.00 -1.051 49.989 598248.553 1113970.717 N O1°21' 00" E 87.86 87.835 2.070 598336.388 1113972.787 N 88°50' 47" W 50.00 1.007 -49.990 598337.395 1113922.797 N 48°41' 00" E 1.32 0.872 0.991 598338.267 1113923.788 Closure in Lat/Dep: 0.004 -0.003 - --- -- Starting Po int: -------------- - 598338.271 ----- - - 1113923.785 Distance Error: N 36°52'11" W 0.005 Total Distance: 3327.36 Accuracy Ratio: 1:665,472 Area: 9,350 ft2 0.100 Acres Lot 13 Bearing Distance Northing/Lat Easting/Dep ------------ - --------- -------------- - 598338.344 ------------- 1113876.071 Start (POB) S 88°50'47" E 47.69 -0.961 47.681 598337.383 1113923.752 S 01°58'29" W 87.83 -87.777 -3.027 598249.606 1113920.725 N 88°47'43" W 50.32 1.058 -50.309 598250.664 1113870.416 ** Horizontal Curve: N 37°20'16" W 20.3358 N 01°12'17" E Delta: 102°54'54" Radius: 13.0000 Length: 23.3506 Tangent: 16.3183 N 75°52'50" W N 14°07'10" E Closure in Lat/Dep: Starting Point: 16.168 -12.334 Chord pc-pt 598266.832 1113858.082 pt 598250.664 1113870.416 pc 12.997 0.274 Radial In pc-rp 598263.661 1113870.690 rp 13.00 13.00 3.171 598266.832 73.74 71.512 598338.344 0.000 -------------- 598338.344 -12.608 Radial Out rp-pt 1113858.082 pt 17.989 1113876.071 0.000 1113876.071 Area: 4,959 ft2 0.114 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/1/2001 Drawing: 00-104-1BAIKELLI.dwg Measurement units: feet BOIQESS Lot 1 Bearing Distance Northing/Lat Eastinq/Dep 598238.044 1'11447U.6U8 Start (POB) N Ol°21'00" E 88.31 88.286 2.081 598326.330 11'14472.689 S 88°50'47" E 60.00 -1.208 59.988 598325.122 1114532.677 S O1°21'00" W 67.42 -67.401 -1.589 598257.721 1114531.088 ** Horizontal Curve: S 46°16'38" W 29.6608 N 88°39'00" W 21.00 Delta: 89°51'17" Radius: 21.0000 Length: 32.9335 Tangent: 20.9468 S 01°12'17" W 21.00 ** Horizontal Curve: N 88°47'26" W 39.0532 Closure in Lat/Dep: Starting Point: -20.501 -21.435 Chord pc-pt 598237.220 "11'14509.653 pt 598257.721 1114531.088 pc 0.494 -20.994 Radial In pc-rp 598258.215 1114510.094 rp -20.995 -0.441 Radial Out rp-pt 598237.220 1114509.653 pt 0.824 -39.045 Chord pc-pt 598238.044 1114470.608 pt 0.000 0.000 -------------- -------------- 598238.044 1114470.608 Area: 5,206 ft2 0.120 Acres Lot 2 Bearing Distance Northing/Lat Easting/Dep 598238.044 1114470.608 Start (POB) N 01°21' 00" E 88.31 88.286 2.081 598326.330 1114472.689 N 88°50' 47" W 50.00 1.006 -49.990 598327.336 1114422.699 S 01°21' 00" W 88.27 -88.245 -2.080 598239.091 1114420.619 S 88°47' 43" E 50.00 -1.051 49.989 598238.040 1114470.608 Closure in Lat/Dep: 0.004 0.000 Starting Po int: 598238.044 1114470.608 Distance Error: N 00°00'01" E 0.004 Total Distance: 564.29 Accuracy Ratio: 1:141,073 Area: 4,414 ft2 0.101 Acres Lot 3 Bearing Distance Northing/Lat Easting/Dep 598240.147 1114370.630 Start (POB) S 88°47' 43" E 50.00 -1.052 49.989 598239.095 1114420.619 N O1°21' 00" E 88.27 88.246 2.080 598327.341 1114422.699 N 88°50' 47" W 50.00 1.007 -49.990 598328.348 1114372.709 S Ol°21' 00" W 88.22 -88.196 -2.079 598240.152 1114370.630 Closure in Lat/Dep: -0.005 0.000 Starting Point: 598240.147 1114370.630 Distance Error: South 0.005 Total Distance: 840.78 Accuracy Ratio: 1:168,156 Area: 4,412 ft2 0.101 Acres Lot 4 Bearing Dis tance Northing/Lat Easting/Dep 598241.198 1114320.641 Start (POB} S 88°47' 43" E 50.00 -1.051 49.989 598240.147 1114370.630 N 01°21' 00" E 88.22 88.195 2.078 598328.342 1114372.708 N 88°50' 47" W 50.00 1.007 -49.989 598329.349 1114322.719 S 01°21' 00" W 88.18 -88.156 -2.078 598241.193 1114320.641 Closure in Lat/Dep: 0.005 - ------- - 0.000 ------------- Starting Po int: ----- - 598241.198 1114320.641 Distance Error: North 0.005 Total Distance: 1117.18 Accuracy Ratio: 1:223,435 Area: 4,410 ft2 0.101 Acres Lot 5 Bearing Distance Northing/Lat Easting/Dep -------- --- - ----- ----- -------------- - 598241.198 ------------- 1114320.641 Start (POB} N 01°21' 00" E 88.18 88.155 2.078 598329.353 1114322.719 N 88°50' 47" W 50.00 1.007 -49.990 598330.360 1114272.729 S Ol°21' 00" W 88.13 -88.106 -2.077 598242.254 1114270.652 S 88°47' 43" E 50.00 -1.051 49.989 598241.203 1114320.641 Closure in Lat/Dep: -0.005 0.000 Starting Po int: 598241.198 1114320.641 Distance Error: South 0.005 Total Distance: 1393.49 Accuracy Ratio: 1:278,697 Area: 4,408 ft2 0.101 Acres Lot 6 Bearing Dis tance Northing/Lat Easting/Dep 598243.300 1114220.663 Start (POB} S $8°47' 43" E 50.00 -1.051 49.989 598242.249 1114270.652 N O1°21' 00" E 88.13 88.106 2.076 598330.355 1114272.728 N 88°50' 47" W 50.00 1.006 -49.990 598331.361 1114222.738 S 01°21' 00" W 88.09 -88.065 -2.075 598243.296 1114220.663 Closure in Lat/Dep: 0.004 0.000 Starting Po int: 598243.300 1114220.663 Distance Error: N 00°00'01" E 0.004 Total Distance: 1669.70 Accuracy Ratio: 1:417,426 Area: 4,405 ft2 0.101 Acres Lot 7 Bearing -------- --- Dis - ----- tance ----- Northing/Lat -------------- - Easting/Dep ------------- 598243.300 1114220.663 Start (POB) N O1°21' 00" E 88.09 88.066 2.075 598331.366 1114222.738 N 88°50' 47" W 50.00 1.006 -49.990 598332.372 1114172.748 S 01°21' 00" W 88.04 -88.015 -2.074 598244.357 1114170.674 S 88°47' 43" E 50.00 -1.051 49.989 598243.306 1114220.663 Closure in Lat/Dep: -0.006 0.000 Starting Po int: -------------- - 598243.300 ------------- 1114220.663 Distance Error: South 0.006 Total Distance: 1945.84 Accuracy Ratio: 1:324,306 Area: 4,403 ft2 0.101 Acres Lot 8 Bearing Distance Northing/Lat Easting/Dep 598245.403 1114120.685 Start (POB} S 88°47' 43" E 50.00 -1.052 49.989 598244.351 1114170.674 N 01°21' 00" E 88.04 88.016 2.074 598332.367 1114172.748 N 88°50' 47" W 50.00 1.007 -49.990 598333.374 1114122.758 S 01°21' 00" W 8$.00 -87.976 -2.073 598245.398 1114120.685 Closure in Lat/Dep: 0.005 0.000 Starting Po int: 598245.403 1114120.685 Distance Error: North 0.005 Total Distance: 2221.88 Accuracy Ratio: 1:444,375 Area: 4,401 ft2 0.101 Acres Lot 9 Bearing Dis tance Northing/Lat Easting/Dep 598245.403 1114120.685 Start (POB} N 01°21' 00" E 88.00 87.975 2.073 598333.378 1114122.758 N 88°50' 47" W 50.00 1.007 -49.990 598334.385 1114072.768 S 01°21' 00" W 87.95 -87.926 -2.072 598246.459 1114070.696 S 88°47' 43" E 50.00 -1.051 49.989 598245.408 1114120.685 Closure in Lat/Dep: -0.005 0.000 Starting Po int: 598245.403 1114120.685 Distance Error: South 0.005 Total Distance: 2497.83 Accuracy Ratio: 1:499,566 Area: 4,399 ft2 0.101 Acres Lot 10 Bearing Dis tance Northing/Lat Easting/Dep 598297.505 1114020.706 Start (POB) S 88°47' 43" E 50.00 -1.051 49.989 598246.454 1114070.695 N O1°21' 00" E 87.95 87.925 2.072 598334.379 1114072.767 N 88°50' 47" W 50.00 1.007 -49.989 598335.386 1114022.778 S 01°21' 00" W 87.91 -87.886 -2.072 598247.500 1114020.706 Closure in Lat/Dep: 0.005 - - - 0.000 - ---------- Starting Po int: ------ --- -- - 598247.505 - - 1114020.706 Distance Error: North 0.005 Total Distance: 2773.69 Accuracy Ratio: 1:554,738 Area: 4,397 ft2 0.101 Acres Lot 11 Bearing Distance Northing/Lat Easting/Dep 598247.505 1114020.706 Start (POB) N 01°21' 00" E 87.91 87.886 2.071 598335.391 1114022.777 N 88°50' 47" W 50.00 1.006 -49.989 598336.397 1113972.788 S 01°21' 00" W 87.86 -87.835 -2.070 598248.562 1113970.718 S 88°47' 43" E 50.00 -1.052 49.989 598247.510 1114020.707 Closure in Lat/Dep: -0.005 -0.001 Starting Po int: 598247.505 1114020.706 Distance Error: S 11°18'35" W 0.005 Total Distance: 3049.46 Accuracy Ratio: 1:598,049 Area: 4,394 ft2 0.101 Acres Lot 12 Bearing Dis tance Northing/Lat Easting/Dep 598338.271 1113923.785 Start (POB) S O1°58' 29" W 88.72 -88.667 -3.057 598249.604 1113920.728 S 88°47' 43" E 50.00 -1.051 49.989 598248.553 1113970.717 N O1°21' 00" E 87.86 87.835 2.070 598336.388 1113972.787 N 88°50' 47" W 50.00 1.007 -49.990 598337.395 1113922.797 N 48°41' 00" E 1.32 0.872 0.991 598338.267 1113923.788 Closure in Lat/Dep: 0.004 -0.003 Starting Po int: 598338.271 1113923.785 Distance Error: N 36°52'11" W 0.005 Total Distance: 3327.36 Accuracy Ratio: 1:665,472 Area: 4,350 ft2 0.100 Acres Lot 13 Bearing ------------ - Distance --------- Northing/Lat -------------- - Fasting/Dep ------------- 598338.344 1113876.071 Start (POB) S 88°50'47" E 47.69 -0.961 47.681 598337.383 1113923.752 S O1°58'29" W 87.83 -87.777 -3.027 598249.606 1113920.725 N 88°47'43" W 50.32 1.058 -50.309 598250.664 1113870.416 ** Horizontal Curve: N 37°20'16" W 20.3358 N O1°12'17" E Delta: 102°54'54" Radius: 13.0000 Length: 23.3506 Tangent: 16.3183 N 75°52'50" W N 14°07'10" E Closure in Lat/Dep: Starting Point: 16.168 -12.334 Chord pc-pt 598266.832 1113858.082 pt 598250.664 1113870.416 pc 12.997 0.274 Radial In pc-rp 598263.661 1113870.690 rp 13.00 13.00 3.171 598266.832 73.74 71.512 598338.344 0.000 -------------- 598338.344 -12.608 Radial Out rp-pt 1113858.082 pt 17.989 1113876.071 0.000 1113876.071 Area: 4,959 ft2 0.119 Acres TRACT B.ptc TRACT B Lot 1 Bearing Distance Northing/Lat Easting/Dep 598187.157 1114512.280 Start (POB) N 88047'43" W 657.07 13.814 -656.924 5 98200.971 1113 85 5.3 56 ** Horizontal Curve: S 64002'50" W 21.9089 -9.588 -19.700 Chord pc-pt 598191.383 1113835.656 pt 548200.971 1113855.356 pc S 01012' 17" W 24.00 - 23.995 -0.505 Radial In pc-rp 598176.976 1113854.851 rp Delta: 54018'53" Radius: 24.0000 Length: 22.7513 Tangent: 12.3117 N 53006'36" W 24.00 14.407 -19.195 Radial Out rp-pt 598191.383 1113835.656 pt S 88047'43" E 693.68 -14.584 693.527 598176.799 1114529.183 ** Horizontal Curve: N 58033'31" W 19.8105 10.334 -16.902 Chord pc-pt 598187.133 1114512.281 pt 598176.799 1114529.183 pc S 54046'58" W 25.00 -14.417 -20.424 Radial In pc-rp 598162.382 1114508.759 rp Delta: 46040'58" Radius: 25.0000 Length: 20.3692 Tangent: 10.7881 N 08006'00" E 25.00 24.751 3.522 Radial Out rp-pt 598187.133 1114512.281 pt Closure in Lat/Dep: 0.024 -0.001 Starting Point: 598187.157 1114512.280 Distance Error: N 02023'09" W 0.024 Total Distance: 1393.87 Accuracy Ratio: 1:58,028 Area: 6,820 ft2 0.157 Acres Page 1 TRACT C.ptc Lot Closures -Prepared using SuYVey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 1/22/2002 Drawing: 00-104-1BAMELLLdwg Measurement Units: feet TRACT C Bearing Distance Northing/I,at Easting/Dep ------------ ---------- -------------- -------------- 598218.940 1113744.479 Start (POB) N 1400710" E 124.19 120.438 30.295 598339.378 1113824.774 N 88050'47" W 6.16 0.124 -6.159 598339.502 1113818.615 S 1400710" W 151.56 -146.981 -36.972 598192.521 1113781.643 S 88047'43" E 9.25 -0.194 9.248 598192.327 1113790.891 ** Horizontal Curve N 07040'03" E 26.8563 26.616 3.583 Chord pe-pt 598218.943 1113794.474 pt 598192.327 1113790.891 pc S 8804703" E 119.50 - 2.536 119.473 Radial In pc-rp 598189.791 1113910.364 rp Delta: 12054' 14" Radius: 119.5000 Length: 26.9132 Tangent: 13.5137 N 75052'50" W 119.50 29.152 -115.890 Radial Out rp-pt 598218.943 1113794.474 pt Closure in Lat/Dep: -0 .003 0.005 Starting Point: 598218.940 1113794.479 Distance Error: S 59002'11" E 0.006 Total Distance: 318.07 Accuracy Ratio: 1:54,549 Area: 937 ft2 0.022 Acres Page 1 ROAD2.ptc Lot Closures -Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 2/5/2002 Drawing: 00-104-IBAMELLI.dwg Measurement Units: feet Lot 0 Bearing Distance Northing/Lat Easting/Dep 598338.974 1113844.780 Start (POB) S 14°07'10" W 128.68 -124.793 -31.391 598214.181 1113813.389 * * Horizontal Curve: S 07°40'03" W 22.4739 -22.273 -2.999 Chord pc-pt 598191.908 1113810.390 pt 598214.181 1113813.389 pc S 75°52'50" E 100.00 -24.394 96.979 Radial In pc-rp 598189.787 1113910.368 rp Delta: 12°54' 14" Radius: 100.0000 Length: 22.5215 Tangent: 11.3086 N 88°47'03" W 100.00 2.121 -99.978 Radial Out rp-pt 598191.908 1113810.390 pt Map Check Lat/Dep: -------------- -- 0.003 0.001 ------------ End Point: 598191 .911 1113810.391 Open Figure Page 1 ROAD.ptc Lot Closures -Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 2!5/2002 Drawing: 00-104-1 BAMELLI. dwg Measurement Units: feet Lot 0 Bearing Distance Northing/L.at Easling/Dep ------------ ---------- -------------- -------------- 598205.660 1114559.870 Start (POB) N 88°47'43" W 721.92 15.178 -721.760 598220.838 1113838.110 ** Horizontal Curve: N 82°20'16" W 22.4932 2.999 -22.293 Chord pc-pt 598223.837 1113815.817 pt 598220.838 1113838.110 pc N O 1° 12' 17" E 100.00 99.978 2.102 Radial In pc-rp 598320.816 1113840.212 rp Delta: 12°54'54" Radius: 100.0000 Length: 22.5409 Tangent: 11.3184 S 14°07'11" W 100.00 -96.979 -24.395 Radial Out rp-pt 598223.837 1113815.817 pt Map Check Lat/Dep: -------------- -- 0.000 0.000 ------------ End Point: 598223. 837 1113815.817 Open Figure Page 1 Prepared by: Bluhm & Associates Land Surveying, Inc. CGDS/WN22081 Area-Summary 00-104 1/21110 13:06:51 Factor: 1.0000000 TEMPFILE.PTS: LOT 1 Point Int-Angle Bearing Distance Point East 642 N 88-50-47 W 60.00 644 1114472.689 644 269-48-13 S 01-21-00 W 88.31 660 1114470.608 660 270-08-43 S 88-47-43 E 39.05 1311 1114509.650 RAD: 21.00 LEN: 32.93 TAN: 20.95 CEN.ANG: 89-51-17 CHORD: 29.66 M0: 6.13 EXT: 8.66 DEGREE: 272-50-13 SEG: 125.30 TRI: 220.50 SEC: 345.80 RPT.: -686 1311 270-00-00 N 01-12-17 E 21.00 686 1114510.092 686 89-51-17 S 88-39-00 E 21.00 685 1114531.086 1311 224-55-23 N 46-16-54 E 29.66 685 1114531.0$6 685 224-55-54 N 01-21-00 E 67.42 642 1114532.675 642 270-11-47 Perimeter: 287.71 Accum.Perimeter: 287.71 Approx: Sq.Feet: 5205.93 Acres: 0.12 Approx: Accum. - Sq.Feet: 5205.93 Acres: 0.12 Correct End - N: 598325.122 E: 1114532.677 Calc. End - N: 598 325.123 E: 11 14532.675 Error - N: 0.00 E: -0.00 Total: 0.00 Brg: S 59- 05-54 E Distance Traversed : 284.44 Clos ure: 122867 TEMPFILE.PTS: LOT 12 Point Int-Angle Bearing Distance Point East 654 N 88-50-47 W 50.00 655 1113922.797 655 90-11-47 S 01-21-00 W 87.82 671 1113920.728 671 89-51-17 S $8-47-43 E 50.00 670 1113970.717 670 90-08-43 N 01-21-00 E 87.86 654 1113972.787 654 89-48-13 North 598326.330 598238.044 598237.223 598258.219 598257.722 598257.722 598325.123 North 598337.403 598249.607 59824$.556 598336.391 Perimeter: 275.68 Accum.Perimeter: 563.39 Approx: Sq.Feet: 4392.10 Acres: 0.10 Apprax: Accum. - Sq.Feet: 9598.03 Acres: 0.22 Correct End - N: 598336.396 E: 1113972.787 Calc. End - N: 598336.391 E: 1113972.787 Error - N: -0.00 E: 0.00 Total: 0.00 Brg: N 00-18-18 W Distance Traversed: 275,68 Closure: 59871 TEMPFILE.PTS: LOT 13 Point Int-Angle Bearing Distance Point East 655 N 88-50-47 W 46.73 682 1113876.077 682 102-57-57 S 14-07-10 w 73.74 681 1113858.088 RAD: 23.00 LEN: 23.35 TAN: 16.32 CEN.ANG: 10 2-54-54 CHORD: 20.34 M0: 4.90 EXT: 7.86 DEGREE: 440- 44-12 SEG: 69.42 TRI: 82.36 SEC: 151.78 RPT.. -680 681 90-00-01 S 75-52-49 E 13.00 680 1113870.695 680 257-05-06 S 01-12-17 W 13.00 672 1113870.425 681 128-32-34 S 37-20-16 E 20.34 672 1113870.425 672 128-32-33 S 88-47-43 E 50.32 671 1113920.734 671 90-08-43 N 01-21-00 E 87.82 655 1113922.803 655 89-48-13 Perimeter: 281.96 Accum.Perimeter: 845.35 Approx: Sq.Feet: 4916.88 Acres: 0,11 Approx: Accum. - Sq.Feet: 14514.91 Acres: 0.33 North 598338.344 598266.831 598263.657 598250.659 598250.659 598249.601 598337.397 Correct End - N: 598337.403 E: 1113922.797 Calc. End - N: 598337.397 E: 1113922.803 Error - N: -0.01 E: 0.01 Total: 0.01 Brg: N 43-57-53 W Distance Traversed: 27$.95 Closure: 35890 jO j ~p U LJ- 40905 96th Ave. E. Eatonville, WA 98328 January 6, 2002 `"~'~~~~ JAN (:l ~ ~Lt~2 City of Yelm City Council 105 Yelm Avenue West P O Box 479 Yelm, WA 98597 -w 4~ Dear Council Members, In regards to the shoreline buffer area setback of 200 feet, we have made many inquiries. Cathy Carlson of City of Yelm Planning Department has been steadfast on this requirement, much to our dismay. We were told that Washington State has no minimum setback requirements on developing property near a stream or drainage ditch. This is according to 1990 regulations for setbacks reinstated by a federal court judge in August of 2001. They have never heard of a setback greater than 100 feet. Thurston County has a rural setback minimum of 50 feet. Thurston county setback in conservancy areas is a maximum of 100 feet. This is determined and recorded in the Department of Ecology, Thurston County Code 17.15. We maintain that a 100-foot minimum setback is more than adequate to protect the natural vegetation and drainage involving Yelm Creek. Thurston County requires no more than this as a maximum setback. By decreasing your buffer area from 200 feet to 100 feet, we would be able to develop and build on three more lots of approximately 50 x 100 feet each. This would still enable the homeowners access and usage of a natural buffer area as well as providing protection for the stream. The city would benefit from the development of three more taxable properties valued at an estimated $450,000. The 200-foot buffer zone will yield no tax for Yelm and, in all likelihood, no value to the members of Crystal Creek Estates. In the last few months, an owner of a parcel in Huntington Green with a fifty foot buffer area of Yelm Creek has been able to secure a building permit from the City of Yelm to build an addition onto a home that we believe encroaches on the fifty-foot setback. (Already a much smaller setback than is being required of us.) Is it your belief that since it is attached to an existing building it will cause no ill effects to Yelm Creek, despite the diminished setback? Does this make sense tom? Why is a 200-foot minimum setback required for our 13-lot development, but a 50-foot setback for a neighboring multi-lot development is adequate for the protection of Yelm Creek? Why indeed? 40905 96~' Ave. E. Eatonville, WA 98328 January 6, 2002 City of Yelm City Council 105 Yelm Avenue West P O Box 479 Yelm, WA 98597 Dear Council Members, The following is a point by point summation of the approved development formerly at 1211 Crystal Springs Road now referred to as Crystal Creek Estates. 1. Sewer We have connected to the city's STEP sewer system and extended it throughout the development as required and approved by the sewer department. J A N U ~ ~lit~2 ~s 2. Water We have connected to the city's water system and extended those lines throughout the project as required. That procedure has been inspected and approved by the water department. We were credited one ERU from the existing homes that were on site. That ERU was applied to service for the on site sprinkler system. It is our belief that the on site irrigation system service should be provided by the city since it is mandated by the city and the city in all likelihood will assume responsibility of the system. Our ERU credit should logically be applied to the first home built on site. 3. Stormwater The on site stormwater system was engineered and installed per DOE and City of Yelm specifications. The system has been completed, inspected and approved by the city. 4. Transportation All streets, signage and road improvements have been completed per city of Yelm standards. These improvements have been inspected and passed by the Public Works department. 5. Fire All fire flow requirements have been approved as installed. 6. Open Space Please see attachment. 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: Sub-00-8251-YL Grantor: 1. Annette Durkin Crystal Creek Estates Grantee: 1. Yelm Community Schools District No. 2 Legal Description: Subdivision of 3.46 acres .into 13 lots at 1211 Crysta Springs Rd. SE, YelTn, Wash. Assessor's Property Tax Parcel Number/Account Number: 22718330100. ,i / Zvnl THIS MITIGATION AGREEMENT ("Agreement") is made this /Z " of ~ Cc¢iwV~-,--ice; between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Annette Durkin (the "Developer"). RECITALS A. The Developer has submitted an application to the City of Yelm for the construction of a 13 lot subdivision "Crystal Creek Estates" 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 cwnulative 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. 3399341 F'dge 1 G£ S 1~i18,'2NN1 1N ~5H YFI M I"iIMMIINTTV ~.hHIIIII }. RF Hlik $1~~ EJC~ ThUrSLOri 1.~~~ Uhl E. Pursuant to Resolution No. 12-16-9~-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 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 I?t:ndred Twenty Five Dollars ($1,425.00 for ezcl? lot i:? the subdivision or tl?e total sum of Eighteen Thousand Five Hundred Twenty Five dollars ($18,525.00) (the "Mitigation Payment") for the 13 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 Eighteen Thousand Five Hundred Twenty Five dollars ($18,525.00) 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. Tl?e 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 Yehn 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 v:ith interest at tl?e rate applied ±o iudgme:?ts to the property cvvners of record at tl?e 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 fro-n 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. 1 1. 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. 3399341 Pei~{e ~ Ot 5 l~r'l~~r'~NN1 1N c5H vcl M i'i ~nru iN i T'•r ~,i Hi a it ~, ~~F HEk S1 NN Th~~urst c~r~ Cu, WN 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. 3399341 P<u~e 3 Of 1~r'1v(CNNI id ~.`if1 YCI M f'iiMMIINIT`r' ~,i Hi iiil ~; ('F Hh(c' $i NN TriUt'=t6t1 L'.G, UH EXHIBIT A LEGAL DESCRIPTION General Location 1211 Crustal Creek Rd. SE Yelm, Wash. Section 18 Township 17 Range 2E Land Area 3.46 acres Tax Parcel Number: 22718330100 Description: Subdivision of 3.46 a YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: a /a- U/ ~ ~y~ By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I laiow or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~ ~ day of C~ 2001 `~~ ~~ '.' N~P LIC''n and for the State of :' ~~~ ~ •~ Q' Washington, esiding at ~O y~-Q -~ M ~~ My Commission Expires: v , <-- ~ "~ ~ ~ ' ~.~ ~'~ .~4~•'~r~. ~., i¢ Mss ~.N.,,,,.., 3399341 F'd~e ~ Gf ~ YFI M i'ilMP111~117V ~,i"HI it it !; RF 1 `~~ ~ "` cNy 1 1 d ~.~N HGR ~i ? NN T!•~urct , ~n inn . LIG DATED: ~ ~' ~ ~ ~%`' ~ ~ ~/~iy9 ~ ~yi~~ By: Annette Durkin Its STATE OF WASHINGTON ) )SS COUNTY OF T~T$N ) t~~ I certify that I know or have satisfactory evidence that Annette Durkin is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated thatrhe 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 1L'~ day of ~~ , 2GG1 NO R UBLIC a nd for the State of ~~ -- '~~. Washington, residing at ~' 1/' O,IGD ~_ ~•' ~ _ My Commission Expires: ~~°I-Q1.p 3399341 F iiye .~i Of .`~ 1~,'13,'~dNl 1~! ~51i 1'~I M hIIMMIIN1Ti' ~,hNIIIII ~, QF Hh(1 ~~! NH Tf•~urs#.or~ hb, uA Tami Merriman From: Mcfars@aol.com Sent: Thursday, December 13, 2001 12:57 PM To: tmerriman@ywave.com Subject: Re: Burlap? Hello: I am going to present to you how a tree with what you described should be I~. ~ 7 ~l planted. 1. The hole dug 2-3 times the width of the root ball. ~~~~~~ ~ ~~ 2. The tree of this size should be planted with about 2 inches of the root ball above the surrounding grade. 3. After the tree has been placed in the planting hole, all rope, twine, and h i h l h ll r r~ ~~ /~ - ( (~ rn, {I'r KEW I ot er t d be removed from t e root ba and or trunk(base) of tree. es s ou 4. Remove 2/3 of the burlap and wire from the root ball. Sometimes, the wire basket can be removed prior to the tree being placed into the planting hole ,~,1 it depends on the soil and strength of the root ball (care should be taken as / U to not break the root ball into pieces). y,! ~ ~ ~,~~ I ~l t / 5. The wire basket should be cut away with wire cutters and the burlap can ~ . , ~ either be cut or rolled down off of the root ball and placed on the bottom of the hole. ~~~'`- `" S Many times burlap is treated with a preservative and it will not rot away in ' 1 . - ~k~- (~CX-~J ~ 1 time for the tree to be able to start establishing itself with new root growth, the burlap whether it is treated or not will impede the new roots to ~~' ~~~~~ p'~,, / r r r;~ grow into the surrounding soil. ~ ~,~ It has been documented that the wire basket, if left surroundin the root 9 ball will restrict or in some cases actually girdle roots as they grow in size over the years. The result will be the trees inability to grow properly and possibly become stressed and die. The twine or rope if left encircling the base of the tree trunk, will again, girdle the tree and possibly kill the it due to the restriction in growth as well as not being able to transfer nutrients to the roots or canopy via cambium layer under the bark. If burlap is left on the upper portion of the root ball it can resurface after a few years and actually wick moisture from the new feeding roots below the surface. The wicking affect will dry out the small root hairs and could cause damage or death to the tree. The contractor or developer should dig around the trees and remove the twine/rope, burlap and wire baskets according to what I previously recommended. I hope this helps? Give a call on my cell or email me if you have further questions. Kevin .Blue Heron Farm P. C). Box 357 Independence OR 97351 Blue eron F A K M ~~~ _~~~ 11-16-2001 Page Acknowledgment #574' S SHIP TO: ~~IICK BOP7ESS, CONTRACTOR DICK BONESS CONTRACTOR 40905 96TH AVE. E 121.1 CRYSTAL SPRING DRIVE EATONVILI,E, WA 98328 YELM, WA 360-832-3126 253-307-8645 '' TERMS CIA VIA CUSTOMER PICK UP FOB +:n~ DICK BONESS Due to ship: 12-03-2001 SALEM, OR ,-+r~t i ti.~s ! . Ackn. Descri.pti~n Size Price Sub T~~t'' ~ 25 Crataegus douglasii 1 75" Cal 83 00 - 2,075~i?G 1.9 Pyrus calleryana 'Chanticleer' (R) 1.75" Cal 88.00 1,672.00 ~1 4~ NET AMOUNT -3,747 00` DELIVERY/FREIGHT CHARGE + 515.00 NOTE: * * * * * * * * FOYALTY + 0.0v AMOUNT DUE 4,262.00 You may take a discount of 149.88 if ~- /~(`1 ~~ paid within terms. -r---- - y~ /~_ ~~ B er Signature Date Please sign and return copy to our office. Thank you. P.O. R~~x i57 RICHARD E. BONESS ~a-avi~2s~ 1.0 8 6 WANDA J. BONESS 1t001~943 JANETTE NELSON r ~ ~~,~ 40905 - 96TH AVE. E. 206-8323126 ~~„~ r~ .~~/;~' EATONVILLE, WA 98328 ~ P~5' i_o the ~//~ /~.~.~ '~' ~` 7 -_. ~. .., ... ,/J m Q_----- ~ ._..___.. ~~ Columbia State Bank ,7502 Pedlfc Ave. S. „ 8pvmway, WA 98387-8283 ~9~~~It~>._.._--.__.. -.-__.____. _.. _ _ _.. .____._____~. _ ~: i 2 5 L08 2 ~ 2~: L i00 L8894 311" L086 STATE of `WASHING~N I, SAM REED, Secretary of State of the State of Washiizgto~i a~1cl custoclia~i of its seal, hereby issue this CERTIFICATE OF INCORPORATION to YELM 91ST STREET HOMEOWNERS ASSOCIATION A Washington Non-Profit Corporation. Articles of Incorporation were filed for record in this office on the date indicated below UBI Number: 602 183 443 ~~ ~ ~~~ ,_,~ I y~ lj ~j~,~. ~1 ~`"'= ~' ~~~ Date: February 13, 2002 Giz~eir uirder nit/ hand an~~ tlu Senl of the Shztc of Wa~ltin~>ton of Oli~nr~ia, the Statc Gzhital 5nrrt Rrrrt, ~~rr~~fdru n~ ~luh• ~cxE~ of S~ ~g~ 1 ~_ ARTICLES OF INCORPORATION OF CRYSTAL CREEK HOMEOWNERS ASSOCIATION In compliance with the requirements of 24.03 RCW, the undersigned, resident of the State of Washington and who is of full age, has this day voluntarily associated for the purpose of forming a corporation not for profit and does hereby certify. ARTICLE I The name of the corporation is Crystal Creek Homeowners Association hereafter called the "Association.`' ARTICLE II The principal office of the Association is located at 4090 96~' Ave. E, Eatonville WA 98328 ARTICLE III Richard W. Boness whose address is 4090 96~' Ave. E, Eatonville WA 98328, is hereby appointed the initial registered agent of this Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the Members, and the specific purposes for which it is formed are to provide for preservation and architectural control of the residential lots and maintenance and preservation of the Common Area, the Storm Drainage System, the access drives within the plat and to promote the health, safety and welfare of the residents within the above- described properly and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to. (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants. Conditions and Restrictions, hereinafter called the "Declaration," applicable to the property and recorded or to be recorded in the Office of the Auditor in and for Thurston County, Washington and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; ARTICLES OF INCORPORATION CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION - 1 (b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (~) acquire (by gift, purchase or otherwzse), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) borrow money, and within the assent of t<vo-thirds (2/3) of each class of Members, mortgages, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed by the Members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of Members, agreeing to such dedication, sale or transfer; ' (fj have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Washington by law now or hereafter may have or exercise. (g) In the event Project Proponent, successors or the Crystal Creek Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or Crystal Creek Homeowners Association willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Proponent, successors or Crystal Creek Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Crystal Creek Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The Cit}~ of Yelm will bill the present owner of the drainage tracts 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 the property and/or on lots in Crystal Creek Homeowners Association for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the present owner of the drainage tracts, platted lots and the Crystal Creek Homeowners Association. ARTICLES OF INCORPORATION CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -2 ARTICLE V MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest m any lot which is subject by covenants for record to assessment by the Association, including contract purchasers, shall be Members of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. ARTICLE VI VOTING RIGHTS The Association shall have two classes of voting membership: Class A Class A Members shall be all Lot Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot. When more than one person holds an interest in any Lot, abut n no e oent shallbmolre thbanrone vote be castuch Lot shall be exercised as they determine, with respect to any Lot. Class B The Class B Member shall be the Declarant (as defined in the Declaration or successors to Declarant), and shall be entitled to four (4) votes for each Lot owned. The Class B membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier; (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) on December 31, 2007. ARTICLE VlI BOARD OF DIRECTORS 'The affairs of this Association shall be managed by a Board of three (3) Directors, ~vho need not be Members of the Association. The number of Directors may be changed by amendment of the By-Laws of the Association. The names and the addresses of the persons who are to act in the capacin~ of Directors until the selection of the successors are: ARTICLES OF INCORPORATION CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -3 NAME Annette Durkin Richard W. Boness Steven C. Nelson pD~S 40905 96~' Ave E. Eatonville, WA 98328 4090 96`s Ave. E. Eatonville, WA 98328 8906 Ohop Valley Road East Eatonville, WA 98328 At the first annual meeting the Members f rla t ecntl °o f ~~e v ~.SOand at each annual rmeeting Director for a term of two years and one Director reafter the Members shall elect one Director for a term of three years for each Director whose term of the office expires at such time. ARTICLE VIII DURATION The corporation shall exist perpetually. ARTICLE IX AMENDMENTS Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership. ARTICLE X FIIAIVA APPROVAL As long as there is Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veteran's Administra lution and atmendment~of theserArticles mergers and consolidations, mortgaging of Common Area, disso ARTICLES OF INCORPORATION CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -4 IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Washington, I, the undersigned, constituting the incorporator of this Association, have executed these Articles of Incorporation this ~ ; day of ~ , 2001. ANNETTE DURKIN STATE OF WASHINGTON) COUNTY OF PIERCE ss. THIS IS TO CERTIFY that on this ~ 4 day of ~ C~ , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned, sworn and qualified, personally appeared ANNETTE DURKIN_known to be the individual described in and who executed the within and foregoing Articles of Incorporation, and acknowledged to me that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL the day and year first above written. . NO RY UBLIC in d for the State of - , ,;, ~ Washington, residing at ---~--° My Commission Expires: - ARTICLES OF INCORPORATION CRYSTAL CREEK ESTATES HOMEOWNERS ASSOCIATION -5 CONSENT TO SERVE AS REGISTERED AGENT I, RICHARD W. BONESS, hereby consent to serve as Registered Agent in the State of Washington, for the following corporation: CRYSTAL CREEK HOMEOWNERS ASSOCIATION I understand that as agent for the corporation, it will be my responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the office of the Secretary of State in the event of my resignation, or o£ any changes in the registered office address of the corporation for which I am agent. DATED this ~~ day of ~~- 2001. HARD ~ BONESS ~~ 40905 96`~ Ave. E. Eatonville, WA 98328 Office Address I,i DBA BONESS MOTORS , ~,, DICK BONESS 5674 ,'-,i 40905 96TH AVE E (253)84fr6290 / ~j 1.1! EATONVILLE, WA 98328 !~ _ oyc~_ :Cal ts-52/1250 ~I ;~ Date 57130 '~~' Pay to the ~~ (~ 6 ~ ~' Order of ~ r~d K~ :E ~ ~ ~ ~ ti; `~ ollars 6 ° ~° sj KeyyBenk Netionel Association ~' Eatonville, WA 98328 ~ t a 1 '~~~/~ ~i ~ C~,~i.~~ Iii F'or ~:. ~:~25000574~: 00307768'6 Yii' L5674 T ~_ ,_ ,-._,m,-.~- -- - G l1ARDIAN51 SAFETY 81 cry ofYetm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: ? Date: 10-30-01 Company: Biuhm & Associates Re: Crustal Creek Estates Address: 1068 S. Market Blvd File No: City, St Zip Chehalis, WA 98532 Name: Items transmitted for: ^ Review and comment ^ As Requested ^ For your records ® Other Land Use A lication Civil Plan Review Binding Site Plan Review Subdivision Review Environmental Review Remarks: The City received the enclosed Final Plat Map with apost-it attached stating "For Review". The City can not initiate review without a complete and full application packet. We have provided the applicant with the appropriate information for him to be able to submit a full packet. For your reference I have included the same information that was given to Mr. Boness. If you have any questions please contact me at (360) 458-8408 or Carlson@yelmtel.com. Signed: Cathie Carlson Community Development Director cc: "t1 (~) ~r~ t ;. ~. r-. -i L'~ ~" :r ~,. j.. r~ _~y (~ ~r 1 :l r, ~, ~e 1 3 ~ E~ 4 IT1 ['~ H ~_ z O ~ ~ ~ D O N m ~ ~ { 7 T L 9 O o J ~ /~~ < _ \ I n <n T ~ Z Q ~ ~ 0 m N O (,(7 f CS' "'+ ['h ca o ["' Ct I,.J 6d ~. l O 1=' ~.. r r, (fi ~ ~~ Y, h~ _"~ ",~ ;u H -J 7 ~ Ca rY [?1 ~n ~ h"_ "~ 1: e~ ~1 1~1 Ti ~; t~ ~ ~f L,i r7 ~ ~ ~~ (" ~-- ~J n ~'3 F-' --~ t11 r'+' f1 [Z} ~-° ~ ~+' ~ Dy'.tP.~ ~ ...~ .. '~ Y~ ~ f [d'l JY H G` C (! ;L% r^t --~~ ~ n: ,-~ n .~ F-- 0 D ~° z ~~~ DSO D T ~ n _~ ~ N C7 'IVI n <n m D W m ~ A O = _? ONw Z (J W { ~ ~ C • ~ m (~ O ~ N < rmm ' ^ vJ D ~N-D+~ m -a c m T mrm opND A = N N D W = V ~ m ~ V ~ 2 N~ a ~ u,•" 17 D D X Z ,.. Z ~ ~ O 31 v Z n D Z ~% ~' A t-1Zm~ J CI) N ~ ~^ N ~ ~ ~ ~ ~ ~ rt ~i ~:l t., ri v f"} C'1 f`: ~~ ;E 'v/ Ott p~M ! ti ~- ~ -G R5 h? ~.I F~ `w` H 'C ~ '~ L.. ti4 ~~.~ ~i~ y.~ , vv ~~j ~ ~ ~ .ba` ~~ yy ^ f--~ f ,Fw\~\` ~~~ NORTHWEST CASCADE, INC. ~,,,~, P.O. BOX 73399 • PUYALLUP, WA 98373 NORTHC1148BG (253) 848-2371 Date ~ ~ r * -~~ f ~- Job Location Customer Add ress Job Phone City, State, Zip CHARGEABLE MILEAGE STANDBY TIME Stop Start Total Stop Start Total Main Line t Sink f' Floor Drain 1 Pump Repair TANK HOLE BOTTOM ~~ Locator I Camera . 1 Toilet C! Tub J Flat J Firm J Standing Water Laundry I '. Service Call ~ Plumbing ~ Jetter J Void Under Tank J Fill Under Tank _.-i Storm '--. E.T. J Upcover Tank "Ul-Tank Open J Loose & Cavey Locating & "~'~` ~~ Digging Hours - .____ .Start Inches-. ~:- .Stop Inches EVEL TANK LIQUID L ~ ,,,., n o~~rw Ta k C ~P *„ Gals ~ ~ Gallons Pumoed: fy' . ~ f Service Man Truck No. Check Cash harge In Out PRODUCTS/SERVICES UNIT PRICE TOTAL AMOUNT _p - -.:. r SUBTOTAL TAX TOTAL Signature ~ - -- -- TERMS: NET 10~fj]1YS.,Yfs%aP~R MONTH DELiNOUENCY ~HARGE ON PAST DUE ACCOUNTS. ~ k :~'"` a- x't ~.r ~. August 29, 2000 Mr. Dick Boness 40905 96~' Ave E Eatonville, WA 98328 P.O. Box 479 Washington 9 (360) 4~8-3244 Re: Huntington Green II Preliminary Plat Approval, SUB-00-825'1-YL- Notice of Final Decision Dear Mr. Boness: On August 23, 2000, the Yelm City Council considered your application for the above referenced project. After review of the Planning Commission's recommendation, public hearing comments and the staff reports the City Council finds that the project, as conditioned below: A. Adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, sidewalks; B. That the public use and interest will be served by the platting of such subdivision and dedications; and C. The subdivision is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance and the City's Development Guidelines. Preliminary Plat approval is valid for five (5) years from the date of City Council approval. Upon failure to submit a final plat prior to expiration of preliminary plat approval, no subdivision will be approved without submission and review of a new preliminary plat. Pursuant to Chapter 15.49, integrated Project Review Process, a Preliminary Plat is a Type IV Permit and can be appealed in Superior Court as set forth in RCW 36.70C., JUDICIAL REVIEW OF LAND USE DECISION. The affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office. The preliminary plat is approved subject to the following conditions of approval: 92^~ Wav SE -The plat sha(I not connect to the south of the project site with 92"tl Way SE. Sewer 1. The proponent shall connect to the City's STEP sewer system. The Sewer line shall be extended through development. Sewer ERU's (equivalent residential units) are based on discharge of 240 gallons per day and are currently charged at a rate of 54,850 per ERU, as well as an inspection fee of 5145.00/ERU. STEP on-site collector tanks and pumps are to be installed bythe owner, which are then transferred to the City for operation and maintenance. 2. The on-site septic systems and drainfields shall be abandoned to Thurston County Health Department standards. Water 3. The Proponent will need to connect to the City's water system. Water lines would be extended through development. 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. 4. The applicant shall be credited one ERU fee for the existing water connection that serves the manufactured homes. 5. ~ 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. Stormwater 6. The applicant shall design and construct all storm waterfacilities 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. 7. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. 8. The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the-stormwater facilities. Transportation 9. 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. 10. The applicant shall be responsible for half-street improvements along the frontage of Crystal Springs Road. The frontage improvements include lane improvements, curb, planter strip, sidewalk, landscape and storm drainage. The Crystal Springs Road street section is "neighborhood collector" 11. The new north/south Street shall be shown on the face of the plat as a future street connection Pa~c 2 of 4 to the north only. Fire 12. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. 13. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Open Space 14. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. 15. The open space shall be dedicated to the City of Yelm. Landscaping 16. The applicant shall install a 6' wood privacy fence along the northern property line of the subdivision lots in place of .perimeter landscaping. 17. The applicant shall submit a final landscaping to include the pedestrian path, environmental signage. and irrigation plan for the open space and street planter strips. The improvements in the open space shall not exceed $2,500.00. Environmental 18. The applicant shall comply with the mitigation of the MDNS issued on May 10, 2000. Mitigation includes: a. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 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. b. The subject site is adjacent to Yelm Creek which is designated as a shoreline of the state. The shoreline jurisdiction area, measured from the creek's high water mark back 200', shall be dedicated to the City of Yelm as open space. Improvements within the shoreline jurisdiction area shall be a pedestrian path and environmental signage. The improvements shall not exceed $2,500.00. c. The proponent shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. Subdivision Name and Property Addresses 19. The applicant shall submit another subdivision name. The City will forward the name to the Thurston County Records Department for approval. 20. Prior to the submission final plat application, the applicant will provide the Building Department with a plat map for addressing. Page 3 of ~ General Public Works 21. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. 22. The applicant shall submit a grading plan to the Community Development Department for review and approval prior to any on-site grading. If you have any questions or if I can be of further assistance please contact me at (360) 458-8408. Sincerely, Catherine Carlson Community Development Director cc: Bob Balmelli, RB Engineering Shelly Badger Stephanie Conners Tim Peterson Gary Carlson File Page 4 of 4