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Project Rev & Correspondence/ ~OF TH6 rp~~ ~ 4 9~ Cz o Yelm 105 Yelm Avenue West YELM P.O. Box 479 WASHINOTGN Yelm, Washington 98597 (360) 458-3244 July 8, 2002 Dave Dixon Northwest Housing P.O. Box 219 Sumner, WA 98390 Re: Tree and Vegetation Plan for Longmire Meadows Dear Mr. Dixon: Thank you for having me come to look at the trees that you propose to remove for construction of homes in Longmire Meadows. Just to confirm what we discussed at our meeting on July 2, 2002, we looked at lot numbers 15 through 23. I have listed the trees on site that are approved to be removed. The tree marked to be saved at the back of Lot 23 will stay. The large tree at the back of Lot 16 will stay. The small tree, not marked on Lot 21 can be removed. The large Maple tree at the back of Lot 20 can be removed. The 4 fruit trees on lots 15, 16, & 17 can be removed. I realize that there are a couple more trees on the remaining lots that may need to be removed. Please contact me at the time you are ready to build on those lots, to review the removal of any other trees on the site. Thank you, ,~'n , Tami Merriman Planning Technician 'The City of Yelm is an Equal Opporhsriity Provider City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Carl & Bob From: Tami Merriman, Planning Technician Date: June 6, 2002 Re: Release of Assignment of Savings Attached please find a letter releasing your assigned savings account for the grass at Longmire Meadows. I mailed the original to Carl to take to the bank, and included copies for the both of you for your files. Thanks for making that project enjoyable, and I look forward to the next. Tami ~ llil z~2~ Document? ~~~ T~p~ °~ Cit o Yelm y IOS Yelm Avenue West P. D. Boz 479 Y E LM Yelm, Washington 98597 ~ wwsw~~TOn (360) 458-3244 June 6, 2002 West Coast Bank Re: Release of Assignment, Account #0976004168 To Whom It May Concern: Carl D. Teitge Development, Inc., and Robert A. Bussey Investment, Inc has completed the required improvements associated with the above referenced savings account number. The City of Yelm hereby releases all interest in said account. If you have any questions, please contact me at (360) 458-8408. ,, City of Yelm Community Development Director DEC- 7-01 FRI 3.13 p~ LETTER OF CREDIT ,A~1YD A55~GVMEivT P, 1 This letter a` Credit and Assignment is made pursuant to the provisions of Section 1620.030 and 16.20,040 of the Yalm Mttnicipaf Coda for the purposes of bonding in lieu of completion of required improvements and repairs dc;scxibed in the Agreement attached hereto and made s part hereof. The undersigned does hereby assigtt, transfer, and set over unto city of Yelm, all riSh~: tip, and interest in and to Savingrs Account No. 0976004168 i n [1e ~t Coast Bank ,in the Warne of Carl D TeitQe Develo ment Inc with - o err ussey nvestmentj Ir~c full power and authority to demand, Called, and rer~eive said deposit far the use and purpose of comp dung a required improvements and repairs described in said Agreement not completed by_~ ~ ~, Z C?C~ pursuant to said agreement. I ~ = '~ ticv ~ ~ ~-- E ~ 02- `z s ` Pty ~- ~ s ~ ~ - ~ ~ 2 r~ ~ It is understood and agreed that W B 5+ C y ~ S ~ ~~~ `'~- ~ Holds the ecrtificato covering said account in its possession and agrees to hold the sum of ~ 1000. therein until release or partial zelease of this Assignment is received from the City of Yelm pursuant to the terms of the attached Agreement, or demand made by the City of Yelm pursuant to Section 16.20.030 of the Ye1m Tvlunic7pa1 Code and the provisions of said attached Agreement. DATED this i `-i day of~~~ _ 20 y ~ BY: ~' ~ `~ Secretary The undersigned'nerebycort6rmsthe deposit oi3 1, 000.00 it Savings Account No. 0976004168 in accordance with the terms set forth herein and agrees to administer said account as provided herein above w'stil all such fwzd~ src rclcsscd by the City of Yelm. ATTEST: [vest Coast Bank Fi ancaai Institution n ' ~-~: Chehalis Branch 'Manager Cit o Yelm y 105 Yelm Avenue West P.O. Box 479 wwsM~warou YELM Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: INTERESTED PARTIES Company: Date: JANUARY 22, 2002 Re: RECORDED DOCUMENTS Address: City, St Zip Items transmitted for: ^ Review and comment ^ As Requested File No: SUB-Ol-8296-YL Name: LONGMIRE MEADOWS ® For your records ^ Other Land Use Binding Site Subdivision Environmental A lication Civil Plan Review Plan Review Review Review SUB-Ol- 8296-YL Remarks: Attached please find the final recorded documents for SUB-01-8296-YL, Subdivision, for Longmire Meadows Signed: Cathie Carlson Community Development Director Rea. EstatE Excise tax paid .~ '~~ ' ~ Receipt no. -~~ G~ ~,e ~~ ?'•, n ~.T~ F'fe~ir L. "punt, ?;;urstcn Co., Treas. By ~ ~~`~~~-' C7aputy eturn Address ity of Yelm athie Carlson ~ Box 479 elm, WA 95597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water System 2. Bill of Sale -Step Sewer System 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Carl D. Teige, Carl D. Teitge Development Inc. 2. Robert A. Bussey, Robert A. Bussey Investments, Inc. 3. I.ongmire Meadows 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) Block 1~ of unrecorded Solberg's Second Addition to Yelm, and that part of the SW 1/:~ of the NW'/.~, Section 19, Township 17 North, Range 2 East Assessor's Property Tax Parcel/Account Number: 22719231600 and 22719230900 Illllllllllllllllllllllllllllllllllllllllllllllllllll ~s°°.Baa~ . City of Yelm BILL OF SALE THIS BILL OF SALE is made and executed this 2-~day of ~~~ , 20 0 ~ , by and between Carl D. Teitge, Teitge Development Inc., at~d Robert A. Bussey, Robert A. Bussey Investments, Inc., hereinafter called the grantor(s), and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yeltn the following described property situated in Thurston County, State of Washington, TO WIT: All storm sewer lines and apputenances, sanitary sewer lines, S.T.E.P. sewer system, water lines and related appurtenances lying within dedicated public rights of ways for the plat of Longnure Meadows, City of Yelm's Plat No. SUB-O1-8296-YL. The grantor(s) hereby warrants that he/she/they are the sole owner(s) of all the property above conveyed, he/she/they 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. Dated at Yelm, Washington, this t~ day of ~.c-~, . , 2(1 e t . ;~~~~~ A, ~ ~°o Carl fll. Tcige, President Carl D.'I'cige I)evel ent Inc. i ~5~\~c~101\7 tc~A ®~'tg~ J ~ ; p N ~~~ ~ , ! Robert n. I3usscy, I resi~cnt Robert A usscy Investments Inc. STATE OF WASHINGTO ~ P L}G ~ COUNTY OF'~ ~i~~.~: 9l 8_~g 0 G~ ,. ~~ ~e ~, ~ ~ this day and ear written a~~~~ personally appeared before me ~r~,~ ~ ~ ~~-~~ and ~~~?X,w~ ~ i ,~/~-E. known to be the individual(s) described, and who exe ted the foregoing instrument and acknowle ed that-ltefs#re/they signed the same a~~/their free and voluntary act and deed for the uses and purposes therein mentioned. -N- Given under my hand and official seal this ~ 2 day of c.t,,~..,~2~ 20 ~ ~ . ~~~i l.vai e..-V~L. L L-'Z '~ ~v~~ Notary Public in and for the State of W~4shin~ton, residing in ~ ~ `:~ System accepted this ~ Z day of ~~~ Cl ~,---~vv; 20 City of Yelm By: Development Review Engineer iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~ ~aaaaa ~. eturn Address ity of Yelm athie Carlson O 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. Carl D. Teige, Carl D. Teitge Development Inc. 2. Robert A. Bussey, Robert A. Bussey Investments, Inc. 3. Longmire Meadows 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) Block 15 of unrecorded Solberg's Second Addition to Yelm, and that part of the SW'/.~ of the NW 1/.~, Section 19, Township 17 North, Range 2 East Assessor's Property Tax ParcellAccount Number: 22719231600 and 22719230900 IIIIIINIIIIIIIIIIUIIIIIIIIIII,llllllllillllllllUllll x;°°0e;;, WARRANTY AGREEMENT KNOW ALL MEN BY TI-IESE PRESENTS: 'T'HAT WHEREAS Carl D. 7'eitge Development, Inc. and Robert A. Bussey Investments, Inc. (hereinafter referred to as the "Owner"), has applied to the City of Ye1rn, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City" for the approval by the City of a certain plat of a subdivision to be known as Longmire Meadows, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, allies and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW TI IEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constnrcted, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify tl~e City, upon completion of such construction, the Inal total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII! ~9°°a';~. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. %p~~~SSrOi~i ~ ~~~- d V:•o•~ Nora~y ~®®~~'~ N'•, f'UBLlC ~ • v ~•.. ~ s 2 STATE OF WASHi~~ 9.0& ~~~ sk~;N~' LCI...~ ~ 5~~3.R COUNTY OF' ~~BN ) c-- , --~ __ CARL D. TEITGE President and Secretary of Carl D. Teitge Development, Inc. ROBERT A. BUSSEY President and Secretary of Robert A. Bussey Investments, inc. On this Z day of _ ~-ec~, i~-E',.-~- , 2001, before rne, the undersigned, 1 ~~ .,,,r,~v a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Carl D. 'f eitge and Robert A. Bussey, to me known to be the President and Secretary, respectively, of CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: ~~~ ~" ~~' NOTARY PUBLIC in a-~d for the State of Washin ton, residing at My commission expires: ~"Z ~ ~ 0 IIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIII '=~°°e'; _. EXHIBIT A ~: Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at Intersection of Westerly line of Solberg 5t. with Northerly line of Van Trunrt- St., r..,~J paint being North S2° 04' West 50 feet from Southwest corner of Block 1, Soiberg's First Addition to Yelm; thenco North 37° 58' West at right angies to Van Trump Street, 250 foot; Northwesterly and parallel with said street 400 feet; Southerly at right angies to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 toot to beginning. Lying in Section 19, Yownshlp 17 North, Range 2 East, W.M. 1 Ut3t r lir.ti WITH the Soutlrweale-ly v--v 1-alf ~r 3tavans Ctreet adjoining on the Northeast as vacated by City of Yelm Ordinance No. 7?.6 retarded February 2Z, 2001 under Filo No. 3337171. pARCEI_ l3: That part of the Southwest quarter of the Northwest quarter of Section 19, Townsfrip 17 North, Range 2 East, W.M., ttuaL-i4a~! d~ fvlivwb: Beginning at a point North 37° 56' Fast 170 feel from ttiri most Nottherly corner of Solherg's First Addition to Yolm, according to plat recorded in Volurne 9 of Plats, papa 31; running thenco North S2° 04' West 7.00 feet; thence North 37° 56' East 250 foot to the Soutfrwe4lerly lino of Coates Street; thence Soutlt 52° 04' Fast along said Southwesterly lino of Coates Street ?.00 foot; thence South 37° 56' West ZSO feet to the point of beginning. '1'OGFTHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. In Thurston County, Washington. 3404891 Page: 2D of 2D 01(11(2002 11:02A CITY OF YELM DOV $28.00 Thurston Co, WA eturn Address ity of Yelm athie Carlson 0 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. Carl D. Teige, Carl D. Teitge Development Inc. 2. Robert A. Bussey, Robert A. Bussey Investments, Inc. 3. Longmire Meadows 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) Block 15 of unrecorded Solberg's Second Addition to Yelm, and that part of the SW 1/a of the NW 1/a, Section 19, Township 17 North, Range 2 East Assessor's Property Tax Parcel/Account Number: 22719231600 and 22719230900 i~~~u~n~~n~uu~uiu~uu ~9;°~~A~,~ ~ ~ rte.= :~: t~ ~ ~~ r, . n ~ F s :3 •` t~.i F 4 ~ -~~ ~ : t ~, '~. ' ~ ~ ~ t~ ,i_ _ 's_ } ~ 4-. r a . ` 1 , : .. < _. r4. 2'-<< t+;' ' 1 - '. ~Fk ~~ ~' Y I ~ ~3. "i. ' ~ ~ `` ~t. `: k S: i r ~ x-k ;, vic •~ . '> ~ . ~ ~ t ~~ '~ 5 ~' `" ;~ ~_., , ; ~a ~ . P~~: ti v~ r r *~ ~''-~ ~~' ~SP F ~( ~..; "a a. 'ti k nT.4, ~.~~ ~~, aFV ~ Rx,. °"; ~.~r._..t -- s kp}+" ' °~~ ;+r. :~}. . "A7 4 ~ tf ~; =,: ~~., } F• 3-; ~`~ ~i ~, r ;~~~ :;~ •; Order No.: 118546 MISCELLANEOUS GUARANTEE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IVIN~INNIIIIVINNNIVIIIINIVIVIN~IIIIV s~°nB86~ Dated: October 25, 2001 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. '~~`~~`~ President ```~ Countersigned by: Michelle UeS 1 ~ ~ ~' Pr1CIFIC NORTI-VEST TITLE "'f Insurance Company. Inc. AUthorlZ d $i natory 4`'~``''~E!M~u'~.4~C^, Thurston County Title Coma ty ~3' f~ COFPoRATf ~': co Company ~ ~S Edst $th ~~ ~ ~~ _': SEAL ~~ Olym is WA 9801 ,• ~;~~ 1926,,:~;a l~Q 943 73 0 FAX ~3.bIl,l i46-915 WgSNINCZCM City, State G-1103- 2 9 2 6 a'i . ~. ~, ~ 1. DefI01tI0n Of Terms -The following terms when used in the Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Exclusions from Coverage of this Guarantee -The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no lass to the Assured: or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claim to he Given 6y Assured Claimant - An Assured shall notify the Company promptly in writing incase knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. NO Duty t0 Defend Or PrOSBCUte -The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. -Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cast, to institute and prosecute any action or proceeding, interpose a defense, as limited in (h), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgement or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses. prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Pr00f Of LOSS Or Damage - In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of lass or damage signed and svrorn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee arhich constitute the basis of loss or damage and shall state. to the extent possible. the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination. inspection and copying, at such reasonable times and places as may 6e designated by any authorized representative of the Company. all records. books. ledgers. checks. correspondence and memoranda. vrhether bearing a date before or after Date of Guarantee. vrhich reasonably pertain to the Inss or damage. further. if requested by any authorized representative of the Company. the Assured shall grant its permission. in writing. for any authorized representative of the Company to examine. inspect and copy alt records, books. ledgers. checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company. it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation. shall terminate any liabilih~ of the Company under this Guarantee to the Assured for That claim. 7. Options tD Pay or Otherwise Settle Claims: Termination of Liability - In case of a claim under this Guarantee. the Company shall have the following additional options- ra) Tn Pay or Tender Payment of the Arnount of liability or to Purr,hase the Indebtedness. GUARANTEE CONDITIONS AND STIPULATIONS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien forthe amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company of cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. DeterminattOn and Extent of Lia611ity-This Guarantee is a contract of Indemnity againstactual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section t 0 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matterassured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully pertormed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to anyAssuredfor liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability -All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro lento. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shalt be payable within thirty (30) days thereafter. 12. Subrogation Upon Payment Or Settlement -Whenever the Company shall have settled and paid a claim under this Guarantee; all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the Toss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal. interest, and costs of collection. 13. Afbitrati0n -Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to. any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee. any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is 51.000.000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys fees to a prevailing party. Judgement upon the award rendered 6y the Arbitrator(s) may be entered in any court having jurisdiction thereof. The lour of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together vrith all endorsements. it any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (bj Any claim of loss or damage. vrhether or not based on negligence, or any action asserting such claim. shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary. or validating officer or authorized signatory of the Company 15. Notices, Where Sent -All notices required to he given the Company and any statement in writing required l0 6e furnished the Company shall include the number of this guarantee and shall he addressed to the company at 1201 Thirrl Avenue. Suite 3800. Seattle. Washington 9810f -3D55. MISCELLANEOUS GUARANTEE SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 118546 G-1103-2926 October 22, 2001 at 8:00 $1,000.00 a.m. Name of Assured: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: See Exhibit A attached hereto and made a part hereof. Title to said real property is vested in: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Additional Exceptions: I~'MNI~~dR~N~N~tl~~,~~ ~9i°~°^M~,a Subdivision Guarantee Page 1 File Number: 118546 PARCEL A: Policy Number: G-1103-2926 Exhibit A Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg St. with Northerly line of Van Trump St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Southerly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. TOGETHER WITH the Southwesterly one half of Stevens Street adjoining on the Northeast as vacated by City of Yelm Ordinance No. 728 recorded February 22, .2001 under File No. 3337171. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37° 56' East 170 feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West 200 feet; thence North 37° 56' East 250 feet to the Southwesterly line of Coates Street; thence South 52° 04' East along said Southwesterly line of Coates Street 200 feet; thence South 37° 56' West 250 feet to the point of beginning. TOGETHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. In Thurston County, Washington. V~~I~I~N~~I~III~MN~~IINN ~¢,°~ X~,~ SCHEDULE A (Continued) File Number: 118546 Policy Number: G-1103-2926 4. Deed of Trust dated June 27, 2001, recorded June 29, 2001, under File No. 3362513, to secure an indebtedness of $500,000.00; and any interest, advances or other obligations secured thereby; Grantor: Carl D. Teitge Development, Inc., a Washington Corporation and Robert A. Bussey Investments, Inc., a Washington Corporation Trustee: Totten, Inc. Beneficiary: West Coast Bank 5. Rights, if any, for utilities which may have been granted in vacated street previous to the vacation thereof. End of Schedule B Exceptions. NOTES: a) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Pcl A: Blk 15 of unrecorded Solberg's Second 19-17-2E Pcl B: Ptn SW NW 19-17-2E b) At the request of the assured the following information is provided: General taxes for 2001 in the sum of $469.86, are paid in full. Tax Account No. 227-19-230900. (Area Code 170) (Affects Parcel B) General taxes for 2001 in the sum of $2,025.74, are paid in full. Tax Account No. 227-19-231600. (Area Code 170) (Affects Parcel A) s/i MQ/sm Subdivision Guarantee i~~n~u~mm~~u~~~~`~o~o =,s~.v eturn Address ity of Yelm athie Carlson 0 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. Carl D. Teige, Carl D. Teitge Development Inc. 2. Robert A. Bussey, Robert A. Bussey Investments, Inc. 3. Longmire Meadows 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) Block 15 of unrecorded Solberg's Second Addition to Yelm, and that part of the SW i/a of the NW 1/a, Section 19, Township 17 North, Range 2 East Assessor's Property Tax Parcel/Account Number: 22719231600 and 22719230900 I~IIINVI~'~IIVI~INiNWI~N,~NN ~~°x°`°°M=~ APPENDIX K -- STORMWATER MAINTENANCE AGREEMENT Return to: City of Yelm Public Works P.O. Box 479 Yelm, WA 98597 RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN CITY OF YELM (HEREINAFTER "JURISDICTION") AND LONGMIRE MEADOWS HOMEOWNER'S A5SN. THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") GRANTOR: LONGMIRE MEADOWS HOMEOWNER'S ASSN. GRANTEE: YELM, CITY OF LEGAL DESCRIPTION: NW 1/a, Sec.19, T17N, R2E, W.M. ASSESSOR'S TAX PARCEL NO.: 22719231600 & 22719230900 The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources in the City of Yelm. 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 BMPs. The authority to require maintenance and pollution source control is provided in City Ordinance 561 and in Development Guidelines, Chapter 7, Sanitary Sewer- "Maintenance Required for Private Stormwater Drainage Systems." Ia~Ifl~~IVINIVI~IIII~If~IBIUII~IIIM~II ~y°~°"~~_, LEGAL DESCRIPTION: PARCEL A: Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg Street with the Northerly Line of Van Trump Street, said point being North 52° 04' West, 50-feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 37° 56' West at right angles to Van Trump Street, 250-feet; Northwesterly and parallel with said street 400-feet; Southerly at right angles to Van Trump Street 250-feet to Northerly line of said street extended; Southeasterly along extension of said 400-feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M.TOGETHER WITH the Southwesterly one half of Stevens Street adjoining on the Northeast as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M. described as follows: Beginning at a point North 37° 56' East, 170-feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West, 200-feet; thence North 37° 56' East, 250- feet to the Southwesterly line of Coates Street; thence South 52° 04' East along Southwesterly line of Coates Street, 200-feet; thence South 37° 56' West, 250-feet to the point of beginning. TOGETHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by City of Yelm Ordinance No. 728 recorded February 22. 2001 under File No. 3337171. In Thurston County, Washington. Whereas, the OWNER has constructed improvements, including but not limited to, buildings, 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 Yelm's water resources, the Jurisdiction and the OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. i~u~u~i~uwui~~~~mnin~~~ ;'9°~0~;„~ OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". (2) Implement the pollution source control program included herein as Attachment "B". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment at 1110 Fryar Avenue, Suite C, Sumner, WA 98390. 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 as specified in the attached instructions or more often if necessary. The OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) 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 businesses, the persons, or the firms 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) Provide technical assistance to the OWNER in support of its 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. r3 (2) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with the OWNER. (3) Review this agreement with the OWNER and modify it as necessary at least once every three (3) years. REMEDIES (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities existing on the property, the Jurisdiction shall give the owner of the property within which the drainage facilities are located, and the person in control of said property, notice of the specific maintenance and/or repair required. The Director shall set a reasonable time (in most instances not less than 10 days) 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 Director, written notice will be sent to the Owner of the property in which the drainage facilities are located and the person in control of said property stating the Jurisdiction's intention to perform such maintenance and bill the Owner for all incurred expenses. The Jurisdiction may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the Owner bill if required maintenance is not performed. (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 Remedies (1), above, shall be required under such circumstances. (3) The 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) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the Jurisdiction within 30 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 judgements. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. (5) The owner hereby grants to the Jurisdiction a lien against the above described property in an amount equal to the cost incurred by the Jurisdiction to perform the maintenance or repair work described herein. 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 from OWNER or its successors, any right, title, or ~- VIIInIn~IIIIYIIIPflIIIhIIIVIIIIII~IIIMInI ~°~90~~~ interest in the property, or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. 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. ' J~-. Carl D. Teitge, Presient Longmire Meadows Homeowner's Assn. Robert A. Bussey, Secretary/Treasurer Longmire Meadows Homeowner's Assn. E:\ofFiceUOBS\2000\00-219 Longmire Meadows\00-219 ATTACH-A&B-RES-DR-rev.10.26.01.2.doc i~wu~~u~mn~~a~u~ ~~°~s~.na STATE OF WASHINGTON ) ss COUNTY OF ~h ) On this day and year above personally appeared before me, Carl D. Teitge and Robert A. Bussey, known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ~" t~,,Gi~en under my hand and official seal this ~ day of U~ , 200 ~ . `~,p~ta iglt6! ~~~~~ ..... , ~~5. a ~~G7Ax~ '= ~~ o ~ x° No ary Public in and for the State of ~M~ 41 ~Ya:f "b~ ~ ~ .. fi. ~t}~y 4 ~ ;; ~, ~ ~~'t~twt,c-tom' ,~ : ~, , ~ ~, Washington, residing in ,~, ~~ . ~~ .:, ~~.,: ti~ : My commission expires ~ /a 9 ~ D 5 ~!. Dated at ~ `~ ,Washington, this day of , 200_ Public Works Director STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, known to be the Director of Public Works for the City of Yelm, a Municipal Corporation, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of , 200_. Notary Public in and for the State of Washington, residing in My commission expires APPROVED AS TO FORM: ~P I~I~II~IIII~I~~IIIIII~IV~N~~I~N~ ~"~'°°MS~ ATTACHMENT ~~A" - STORMWATER FACILITY MAINTENANCE GUIDE INTRODUCTION Wh i rmw r R n When urban and suburban development covers the land with buildings, houses, streets and parking lots, much of the native topsoil, duff, trees, shrubs and grass are replaced by asphalt and concrete. Rainfall that would have soaked directly into the ground instead stays on the surface as stormwater runoff making its way into storm drains (including man-made pipes, ditches, or swale networks), stormwater ponds, surface and groundwater, and eventually to Puget Sound. Wh i s rm Dr in m n h w d i w I~? The storm drain system for most developments includes components that carry, store, cleanse, and release the stormwater. These components work together to reduce the impacts of development on the environment. These impacts can include flooding which results in property damage and blocked emergency routes, erosion which can cause damage to salmon spawning habitat, and pollution which harms fish and/or drinking water supplies. The storm drain system provides a safe method to carry stormwater to the treatment and storage area. Swales and ponds filter pollutants from the stormwater by physically settling out particles, chemical/y binding pollutants to pond sediments, and biologically converting pollutants to less-harmful compounds. The ponds also store the treated water, releasing it gradually to a nearby stream or to groundwater. The various components of storm drain systems are described in the glossary. Wh d rmw r Ru ff b y i W r li stormwater runoff needs to be treated because it carries litter, oil, gasoline, fertilizers, pesticides, pet wastes, sediments, and anything else that can float, dissolve or be swept along by moving water. Left untreated, polluted stormwater can reach nearby waterways where it can harm and even kill aquatic life. It can also pollute groundwater to the extent that it must be treated before it can be used for drinking. Nationally, stormwater is recognized as a major threat to water quality. Remember to keep everything out of stormwater systems except the rainwater they are designed to collect. Y r N i h rh rmw r F ili stormwater facilities can be attractive as well as functional. They can provide both active and passive-use recreation areas and open space for wildlife. Perhaps you've noticed a wet pond or dry pond in your neighborhood. These different types of ponds are designed for different purposes. For example, wet ponds primarily provide treatment of stormwater. They also provide good cover and habitat for birds and small mammals, making them fine ~~wildlife preserves". Dry ponds or infiltration ponds are designed to provide storage for stormwater 3404890 Page; 8 of 31 01 J11 J2002 10:518 AGR $45.00 Thurston Co, WA and gradually release it downstream or allow it to filter into the ground. These types of ponds can be maintained as grassy play areas, and may even house formal play equipment. Wh R ibl f in inin nnw r F il' ' ? All stormwater facilities need to be maintained. Regular maintenance ensures proper functioning and keeps the facility visually appealing. This stormwater Facility Maintenance Guide was designed to help explain how stormwater facilities work and provide user-friendly, straightforward guidance on how to maintain them. As a homeowner or homeowner's association, you are responsible for regularly maintaining privately owned ponds, catch basins, pipes and other drainage facilities within your subdivision. stormwater facilities located in public right-of- ways are maintained by local governments. H w w ili in n n ui This Maintenance Guide includes a Site Plan specific to your development and a Facility Key that identifies the private stormwater facilities you are responsible for maintaining. A ~~Quick List" of maintenance activities has also been included to help you identify the more routine needs for your facility. i i n I • A Glossary that defines terms and explains functions of the various components of stormwater drainage systems; • A comprehensive Maintenance Checklist that provides specific details on required maintenance; • A section on Pollution Prevention Tips that lists ways to protect water quality and keep storm drain systems functioning smoothly; • And a section on Resources that directs you to sources of more information and technical assistance. R i n I A h rmw r M m n The Cities of Lacey, Olympia and Tumwater together with Thurston County are taking steps to educate and involve area residents in water quality issues and stormwater management. stormwater runoff is a widespread cause of water quality impairment and stream degradation. The jurisdictions are working together with residents, businesses, community groups and schools to address this problem. This Guide focuses on providing information on ways that residents and businesses can reduce stormwater impacts through pollution prevention and proper facility maintenance. Everyone needs to help keep waterways and groundwater clean. With proper management and common sense, we can continue to enjoy clean, safe streams and drinking water. 3404890 Page; 9 of 3] 41(11 J2442 14.5]A AGR $45.40 Thurston Co, WA YOUR STORMWATER FACILITIES This section consists of two parts that are to be used together: the Facility Key and the Site Plan. Look on the site plan and identify the numbers denoting a feature of the system. Then look on the facility key to see what that feature is called and which checklist applies. FACILITY KEY The stormwater facility in your neighborhood is comprised of the following elements: Type of Feature & Checklist Name Location. on Site Plan Infiltration Pond 1 Catch Basins, Manholes, and Inlets 2 Grounds and Landscaping 3 Conveyance Pipes, Ditches, and Swales 4 Drywells, French Drains, or Downspouts See individual lot site Ian. Access Roads and Easements 5 iM~~~u~m~~u~uiu~~~ v~°~~°~ SITE PLAN 1~ ~~u~u~~u~~n~mn~~~ ~s°°~zp~,,~ QUICK LIST The following list is an abbreviated checklist of the most common types of maintenance you should have to do. Please try and go over this checklist after heavy rains. This is a bare minimum and should be done in conjunction with the other checklists in order to make your maintenance program effective. ^ Check catch basin grates to see that they are not clogged or broken. Remove twigs, leaves, or other blockages. Contact the local jurisdiction to replace the grate if it is broken. ^ Check inlet and outlet pipes for blockages. Clear all blockages. ^ Check pond walls for erosion or caved in areas. ^ Check riprap (rocks) at the inlets and outlets of culverts and other pipes. If they are silted in or eroded away, replace them. INIAN~ItiIN~~I~~IItiIININIV~lllllll~ h~"~'°~°,.~ MAINTENANCE CHECKLISTS The Maintenance Checklists in this packet are for you to use when checking the stormwater facilities in your neighborhood. This packet has been customized so that only the checklists for your facilities are included. If you feel you are missing a checklist, or you have additional facilities not identified or addressed in this packet, please contact your developer or local jurisdiction. The checklists are in tabular format for ease of use and brevity. Each checklist tells you what part of the feature to check, how often to check it, what to check for, and what to do about it. Log sheets are included toward the end of the chapter to help you keep track of when you last surveyed the storm drainage system. Although it is not intended for the maintenance survey to involve anything too difficult or strenuous, there are a few tools that will make the job easier and safer. These tools include: c~ A flashlight. cis A long pole or broom handle. cis Some kind of pry bar or lifting tool for pulling manhole and grate covers. c~ Gloves. A listing of resources is included in the next chapter. Here you will find the phone numbers of the agencies referred to in the tables, as well as the contractor and consultants that designed and constructed your facilities. SAFETY WARNING: Due to OSHA regulations you should never stick your head or any part of your body into a manhole or other type of confined space. When looking into a manhole or catch basin, stand above it and use the flashlight to help you see. Use a pole or broom handle that is long enough when you are checking sediment depths in confined spaces. NO PART OF YOUR BODY SHOULD BREAK THE PLANE OF THE OPEN HOLE. lZ PONDS There are essentially three kinds of ponds: treatment ponds, infiltration ponds, and detention ponds. Although each pond has unique maintenance requirements, there are also many things they have in common. Your facility is an infiltration pond. When Part of Pond to What to Check For What to Do Check Check it Entire Pond Quarterly Dumping of yard wastes such as grass clippings Remove trash and debris and dispose of and branches into basin. Presence of glass, properly. lastic, metal, foam, and coated a er. Entire Pond Quarterly Any vegetation that may constitute a hazard to the Remove invasive or noxious vegetation. Do public, such as tansy ragwort, poison oak, not spray chemicals on vegetation without stinging nettles, devilsclub. obtaining guidance from WSU Cooperative Extension and approval from the City or Count . Entire Pond Quarterly Presence of chemicals such as natural gas, oil, First, try and locate the source of the and gasoline, obnoxious color, odor, or sludge. pollution. Then call the Moderate Risk Waste program at Thurston County Environmental Health to re ort the hazard. Entire Pond Quarterly Sparse, weedy, or overgrown grass in grassy For grassy ponds, selectively thatch, aerate, (dry/infiltration) ponds. Presence of invasive and re-seed ponds. Grass should be kept species or sparse growth of plants in wet ponds. less than 8 inches high. For wet ponds, hand-plant nursery-grown wetland plants in bare areas. Contact WSU Cooperative Extension for guidance on invasive species. Pond bottoms should have uniform dense coverage of desired plant species. Entire Pond Quarterly Any evidence of rodent holes if your facility is Destroy rodents and repair the dam or berm. acting as a dam or berm. Water should not be Contact the Thurston County Health able to flow throu h rodent holes. De artment for uidance. Entire Pond Quarterly Insects such as wasps and hornets interfering Destroy or remove insects. Contact WSU with maintenance activities, or mosquitoes Cooperative Extension for guidance. becomin a nuisance. Entire Pond Annually Ensure that trees are not interfering with Prune tree limbs to allow for maintenance. maintenance (i.e., mowing, silt removal, or Some trees may be cut for firewood. access. Inlet Annually a e sure t at t e riprap un er t e in et pipe is intact and that no native soil is exposed. Also Replace rocks or clean out sediment. check for accumulations of sediment more than Yz the height of the rocks. Outlet Quarterly The rip rap overflow should be intact and clear of ep ace rip rap i missing. emove any ras of debris and dispose of properly. debris. Water should be able to flow freely throu h overflow. Side Slopes Annually Check around inlets and outlets for signs of Try and determine what has caused the erosion. Check berms for signs of sliding or erosion and fix it. Stabilize slopes by settling. Action is needed where eroded damage reinforcing the slope with rock, planting is over 2 inches deep and where there is potential grass, or compacting the soil. Contact WSU for continued erosion. Cooperative Extension for guidance on slope reinforcement. Storage Area Annually Check to see if sediment is building up on the Clean out the sediment and re-seed the pond bottom. A buried or partially buried outlet pond if deemed necessary to improve structure or very slow infiltration rate probably infiltration and control erosion. indicates si nificant sediment de osits. Dikes Annuall An art of the dike that has settled si nificantl Build the dike back to the on final elevation. Emergency Annually Check to see that the rip rap protective area is Replace rocks so that all native soil is Overflow/ intact. If any exposed native soil is present you covered. S illwa should re air it. Trench Drain Quarterly Check to see that the grate is clear of debris, and Remove debris from grate, clean drain. that the drain is not plugged. ~~ i~u~~n~N~~M~u~wu~iiiiuu ~#~°~90~. CATCH BASINS AND INLETS These structures are typically located in the streets and public rights-of-way. Local jurisdictions are responsible for routine maintenance of the pipes and catch basins in rights-of-way, while the homeowners association is responsible for keeping the grates clear of debris in all areas as well as pipes and catch basins in private areas. Part of Catch Basin to When to What to Check For What to Do Check it Check Catch basin During and after Trash or debris accumulating in front of the Remove blocking trash or debris opening major storms catch basin opening and not allowing water to with a rake and clean off the flow in. rate. Catch basin Quarterly Sediment or debris in the basin should be kept Clean out the catch basin of under 50% of the depth from the bottom of the sediment and debris. pipe to the bottom of the basin. Use a long stick or broom handle to poke into sediment and determine de th. Inlet and outlet Quarterly Trash or debris in the pipes should not be more Clean out inlet and outlet pipes pipes than 1/5 of its height. Also, there should not be of trash or debris. any tree roots or other vegetation growing in the i es. Inlet and outlet pipe Annually There should be no cracks wider than Y2 inch Repair cracks or replace the joints and longer than 1 foot at the joint of any inlet or joints. outlet pipe. Also check for evidence of sediment entering the catch basin through cracks. Grate Quarterly The grate should not have cracks longer than 2 Replace the grate. inches. There should not be multiple cracks. Frame Quarterly Ensure that the frame is sitting flush on top of Repair or replace the frame so it the concrete structure (slab). A separation of is flush with the slab. more than 3/< inch between the frame and the slab should be corrected. Catch basin Annually Inspect the walls of the basin for cracks wider Replace or repair the basin. than'/z inch and longer than 3 feet. Also check Contact a professional engineer for any evidence of sediment entering the for evaluation. catch basin through cracks. Determine whether or not the structure is sound. Catch basin Quarterly There should be no chemicals such as natural Clean out catch basin. Contact gas, oil, and gasoline in the catch basin. your local jurisdiction or Check for obnoxious color, odor, or oily sludge. Thurston County Environmental Health if you detect a color, odor, or oily sludge. Oil/Water separator Quarterly Water surface in catch basin has significant Remove the catch basin lid and (downturned " ` sludge, oil, grease, or scum layer covering all rf skim off oil layer. Pour oil into a l bl t di T in elbow or or most of tfie water su ace. e con ainer, sea sposa catch basin) container, wrap securely in newspaper, and place in trash. Water surface should be clear of oily layer. Pipe Elbow Quarterly Top or bottom of pipe appears to have broken Remove the catch basin lid and off. Check for any apparent damage and examine the pipe for damage. If check to see if it is plumb. broken, hire a contractor to replace pipe in accordance with approved plans on file with your local jurisdiction. P~ IVIINIINIIIIVII~II~IIIVIIIIII~IIIIIIIII ~~°°~~'"~°n~ CONVEYANCE PIPES, DITCHES, AND SWALES Part of When to What to Check For What to Do System to Check it Check Pipes Annually Accumulated sediment should not exceed 20% Clean out pipes of all of the diameter of the pipe. Vegetation should sediment and debrs. not reduce free movement of water through Remove all vegetation so pipes. Ensure that the protective coating is not that water flows freely damaged and rusted. Dents should not through pipes. Repair or significantly impede flow. Pipe should not have mayor cracks or tears allowing water to leak replace pipe. out. Open ditches Quarterly There should not be any yard waste or litter in Remove trash and debris the ditch. and dispose of them properly. Open ditches Annually Accumulated sediment should not exceed 20% Clean out ditch of all of the depth of the ditch. sediment and debris. Open ditches & Annually Check for vegetation (e.g., weedy shrubs or Clear blocking vegetation so Swales saplinggs) that reduces the free movement of l that water flows freely h dit h G th es. water fhrough ditches or swa rassy es. roug c on should be left t t i vege a alone. Open ditches & Quarterly Check around inlets and outlets for signs of Eliminate causes of erosion. Stabilize slopes by using Swales erosion. Check slopes for signs of slowghing or settling. Action is needed where eroded appropriate erosion control damage is over 2 inches deep and where there measures (e.g., reinforce is potential for continued erosion. with rock, plant grass, com act soil. Open ditches & Annually Native soil beneath the rock splash pad, check Replace rocks to design Swales dam, or lining should not be visible. standard. Swales Quarterly Grass cover is sparse and weedy, or areas are Aerate soils and reseed and overgrown with woody vegetation. mulch bare areas. Keep grass less than 8 inches high. Remove woody growth, regrade, and reseed as necessary. Swales Quarterly Swale has been filled in or blocked by shed, If possible, speak with woodpile, shrubbery, etc. homeowner and request that the swale area be restored. Swales Annually Water stands in swale or flow velocity is very A survey may be needed to slow. Stagnation occurs. check grades. Grades need to be in 1-5% range if possible. If gqrade is less i d d er ra ns may than 1%, un need to be installed. ~~ INnVNN~nI~I~IVNVI~NI~I~II,ININI ~s'"~°~,~.~ GROUNDS AND LANDSCAPING Part of Grounds to When to What to Check For What to Do Check it Check Landscaped Quarterly Weeds growing out of control in landscaped Pull weeds by hand, if Areas area. possible to avoid using chemicaj weed controls. Landscaped Quarterly Check for any presence of poison ivy or other Remove poisonous vegetation Areas poisonous vegetation or insect nests. or insect nests that are present in landscaped area. Landscaped Quarterly There should not be any yard waste or litter in Remove and dispose of litter Areas landscaped areas. properly Landscaped Quarterly Noticeable rills are seen in landscaped areas. Identify the causes of erosion Areas and take steps to slow down or disperse the water. Fill in contour, and seed area. Trees and Annually Limbs or parts of trees or shrubs that are split Trim trees and shrubs to shrubs or broken. restore shape. Replace severely damaged trees and shrubs. Trees and Annually Trees or shrubs that have been blown down or Replant trees or shrubs, shrubs knocked over. inspecting for injury to stem or roots. Replace if severely damaged. Trees and Annually Trees or shrubs that are not adequately Place stakes and rubber- Shrubs supported or are leaning over, causing coated ties around young exposure of the roots. trees/shrubs for support. 1~ iu~uii~iii~iW~iiiii~i~~xihNw~~~ o~°a°~o~~ ACCESS ROADS AND EASEMENTS Area to When to What to Check For What to Do Check Check it General One Time Check to determine if there is enough If there is not enough access to your stormwater facilities for access, check with your maintenance vehicles. local jurisdiction to determine whether an easement exists. If so, a maintenance road may need to be constructed there. Access road Quarterly Debris that could damage vehicle tires Clear all potentially (glass or metal). damaging debris. Access road Annually Any obstructions that reduce clearance Clear along and over above and along the road to less than 14 roadway so there is feet. enough clearance. Road surface Annually Check for potholes ruts, mushy spots, or Add gravel or remove woody debris that limit access y wood as necessary. maintenance vehicles. Shoulders and Annually Check for erosion along the roadway. Repair erosion with ditches additional soil or gravel. l'~ IIIIIIVIIIIYIIIIIIIIIIIIIIIIIIIIIIIIII~IIII ~'"~°°a>>~ DRYWELLS, FRENCH DRAINS, OR DOWNSPOUTS Each lot is required to have an onsite drywell for onsite improvements. Part of System to Check When to Check it What to Check For What to Do Downspout Annually Water overflows from the downspout over the First try cleaning out the ground. ggutters and downspouts. ff this doesn't solve the problem you may need to install a bigger drywell. Roof Annually Moss and algae are taking over the shadier Disconnect the flexible parts of the shingles. art of the downspout that P eads to the drywell. Perform moss removal as desired. Pressure wash or use fatt acid solutions instead of highly toxic pesticides or chlorine bleach. Install a zinc strip as a preventative. ~~ NN NIM III INI~ ~ AV~I ICI III II~II IN INI 9g'";~° ~„°_~ RESOURCE LISTING If you are unsure whether a problem exists, please contact your local jurisdiction at one of the numbers below and ask for Technical Assistance. Contact Numbers: Lacey Water Resources Olympia Sewer & Stormwater Engineering Tumwater Public Works (Engineering) Yelm Public Works Thurston County (Storm & Surface Water) WSU Cooperative Extension Developer Information: TEBO Ventures III 157 Lemieux Lane Tenino, WA 98589 (360)264-6355 Engineer's Information: Hatton Godat Pantier 1840 Barnes Blvd SW Tumwater, WA 98512 (360) 943-1599 (~ 491-5600 753-8768 754-4140 458-3244 754-4681 786-5445 ia~u~~~-u-~-~~-~q~ o~_°,°~8°,,,~a~ LOG SHEET Use log sheets to keep track of when maintenance checks occur and what items, if any, are repaired or altered. The completed sheets will serve as a record of past maintenance activities and will provide valuable information on how your facilities are operating. This information will be useful for future requirements regarding the types of facilities that are installed. It helps to keep all log sheets in a designated area so others can easily access them. Date Checked~~ Checked By Name: Position in HOA: Address: City: State: Zip: Phone Number: Part of Facility Checked Observations (List things that should be done .Follow-up Actions Taken Date Action Taken 2v IIVIII~III~A~IIIII~IINVIIINNIAIIIIVM ~~°_~'°'; ATTACHMENT ~~B" -- RESIDENTIAL BEST MANAGEMENT PRACTICES POLLUTION PREVENTION FOR HOMEOWNERS PURPOSE Many products and practices commonly used in and around our houses are hazardous to both the environment and us. Many of these products can end up in our stormwater systems and groundwater. This document gives alternatives, where possible, for those types of products and practices. The Best Management Practices (BMPs) described here, include "good housekeeping" practices that everyone can use. RECOMMENDED POLLUTION CONTROL PRACTICES FOR HOMEOWNERS It has been said that the average home today contains more chemicals than the average chemical lab of 100 years ago. When many of these chemicals are used industrially, they can be subject to various health and safety standards; yet these same substances are used freely and often carelessly in our homes. The BMPs in this section are divided into four categories: Household Hazardous Wastes, Pesticides, Remodeling, and Septic Maintenance. Each section includes information on available alternatives. HOUSEHOLD HAZARDOUS WASTES Many of the cleaning agents, solvents, polishes, etc. used commonly in the home are considered hazardous. These products may be toxic, corrosive, reactive, flammable, and/or carcinogenic. It is critical that these products are handled with care and are properly disposed. A list of common household hazardous materials is presented in Table 1. In addition, many hazardous household chemicals persist for long periods of time in the environment. Manufacturers may truthfully state that a product is "biodegradable"; most products are biodegradable, but what is important is the rate at which they are broken down and the products they are broken down into. The term "biodegradable" on its own is misleading at best, unless the product is rapidly degraded into harmless substances. It is important to note here that the term "biodegradable" currently has no legal definition in this state. This means that any product can use this term according to the manufacturer's own definition. This definition may not be at all similar to the consumer's perception. The following ideas will help you reduce the risks of stormwater and ground water contamination from many household products: ~~ ~I~IVfl~VIUIVN~I~IVIIIUIVN~~IN 9~"~',.,,, HOUSEHOLD PRODUCT MANAGEMENT 1. Read the label of products before you buy them. Toxic product labels will carry many warnings. Either bypass such products or buy them in small quantities. If you cannot use the entire product, try to give it away instead of disposing of it. Thurston County periodically facilitates product exchanges for leftover paints and other hazardous wastes. Call the Thurston County Health Department at 754-4111 for more information. 2. Buy only those detergents that contain little or no phosphorus. Phosphorus can cause algae blooms if it is washed into lakes or streams. Most detergents that are low or phosphate free are labeled as such. 3. Use no more than the manufacturer's suggested amount of any cleanser. More is not necessarily better. 4. Products such as oven cleanser, floor wax, furniture polish, drain cleaners, and spot removers often contain chemicals that are toxic. Buy the least toxic product available, and use anon-toxic substitute if one can be found. Ovens, for example, can be cleaned by applying table salt to spills, then scrubbing with a solution of washing soda and water. Table 2 lists substitutes for many commonly used household products. If it is necessary to use a product that contains toxic chemicals, use the product only as directed. Do not combine products, as they may become more dangerous when mixed (example: mixing chlorine bleach and ammonia produces dangerous gases). Use eye wear and rubber gloves as appropriate. Contact the Hazardous Substance Hotline at 1-800-633-7585 if you have any questions regarding disposal of a product or empty container. The County has both hazardous waste collection days and permanent facilities where residents can bring hazardous wastes. Call the Thurston County Health Department at 754-4111 for more information. 5. Chemicals left over from some activities, such as photography and auto repair, are hazardous and should not be flushed down the sink. This is especially important if your home is hooked up to a septic system. Toxic chemicals can kill the bacteria in the tank that treat sewage and pollute water supply wells. 6. Be sure that all containers are clearly marked. 7. Common (not automobile) batteries are one of the largest sources of heavy metals (such as lead, nickel, cadmium, and mercury) found in ~~ N~MINNIIININNY~VIINIIIIINIM~INI ~_,°~",~°;,~ landfills. Instead of throwing them away, dispose of them at a hazardous waste collection site. AUTOMOTIVE USAGE, CARE AND MAINTENANCE From a waste management standpoint, automobile maintenance is best done by professionals at facilities designed to handle, store, and dispose of the waste products properly. Many of these facilities do an excellent job of dealing with waste oils, antifreezes, other fluids, batteries and tires. They often charge a small fee to cover the added expenses, but it's worth it. However if you repair your car at home, please consider these helpful tips: 1. Cars should be serviced regularly. Any leaky lines or valves should be replaced. 2. Dumping oil, degreasers, antifreeze, and other automotive liquids into a stream or a storm drain violates city, county and state laws or ordinances. Do not dump them onto the ground because they will end up in stormwater runoff or in groundwater. Do not use oil to reduce dust levels on unpaved areas. Instead, recycle used oil and antifreeze. Keep them in separate containers. Call the Recycling Hotline at 1-800-RECYCLE or call the Thurston County Health Department for the location of the nearest recycling center, or call your local automotive service centers to see if they take oil for recycling. Some may also take used oil filters. 3. Wrap empty oil or antifreeze containers in several layers of newspaper, tie securely and place in a covered trashcan. Antifreeze is sweet tasting, but poisonous to people, fish, pets and wildlife. 4. Sweep your driveway instead of hosing it down. Fluids and heavy metals associated with automobiles can build up on driveway surfaces and be washed into local surface or groundwater when driveways are hosed down. 5. When washing vehicles, do so over your lawn or where you can direct soapsuds onto the lawn or another vegetated area to keep the soaps from washing into the storm drain system or local surface water. Your stormwater pond cannot cleanse soapy water from washed cars. 6. Small spills of oil and other fluids can be absorbed by using materials such as kitty litter or sawdust. Wrap the used kitty litter and any contaminated soil in a plastic bag and then place it in the garbage. If a spill reaches surface water, you must notify the nearest regional office of the Department of Ecology Immediately! The Southwest Regional Office number is 407-6300 or call 911. There are fines for failure to notify the appropriate agency when a spill occurs. c`~~ NNNI~~IIINI~~AV~IIWIIII~~,NINI '9",a ,, 7. De-icing chemicals (various types of salt) can harm concrete less than three years in age, burn vegetation, and be corrosive to cars and other metal objects. De-icing chemicals and their additives can be toxic. (Cyanide is formed from the breakdown of a common anti-caking agent used in de-icing chemicals.) Urea salts are an alternative to other types of salt de-icers, but great care must be used in applying them. These salts contain large quantities of nitrogen, which can severely burn plants and encourage algae growth in lakes and/or Puget Sound, if over-applied. 8. The use of these chemicals should be minimized or avoided. Instead, shovel walks clear and apply a dusting of sand to improve footing. ~~ I~'~Id~~ldll~~p~~ld~~ '°°„N, Table 1 Hazardous Household Substances List Auto, Boat and Repair and Equipment Remodeling C leansing Agents Maintenance 1. Batteries 1. Adhesives, glues, 1. Oven cleaners cements 2. Waxes and cleansers 2. Roof coatings, 2. Degreasers and sealants spot removers 3. Paints, solvents and 3. Caulking and 3. Toilet, drain and thinners sealants septic tank cleaners 4. Additives 4. Epoxy resins 4. Polishes, waxes and strippers 5. Gasoline 5. Solvent-based paints 5. Deck, patio and chimney cleaners 6. Flushes 6. Solvents and thinners 6. Solvent cleaning fluids 7. Auto repair materials 7. Paint removers and strippers 8. Motor oil 9. Diesel oil 10. Antifreeze Pesticides Hobby and Miscellaneous Recreation 1. Insecticides 1. Paints, thinners and 1. Ammunition solvents 2. Fungicides 2. Chemicals (photo and 2. Asbestos pool) 3. Rodenticides 3. Glues and cements 3. Fireworks 4. Molluscicides 4. Inks and dyes 5. Wood preservatives 5. Glazes 6. Moss retardants 6. Chemistry sets 7. Herbicides 7. Bottled gas 8. Fertilizers 8. White gas 9. Charcoal starter fluid Source: Guidelines for Local Hazardous Waste P/anning, Ecology, No. 87-18 1987. ~J~' IIInIII~IIIIYII~IINIIIIIIIIIIIIpIIIG911 'R,~e~"~s~ Table 2 Non-Toxic or Less Toxic Alternatives to Toxic Products Hazardous Product Alternative s Air fresheners Set out a dish of vinegar or simmer cinnamon and cloves or set out herbal bouquets or potpourri in open dishes or burn scented candles. Bleach Borax or oxygen bleaches or reduce bleach by ~/2 and add ~/4 - 1/2 C. baking soda, or let clothes dr in the sun. Brass olish. Worcestershire sauce. Chrome polish Apple cider vinegar or a paste of bakin soda and water or a lemon Coffee of cleaner Vine ar. Coffee stains Moist salt aste. Copper cleaner Mix lemon juice and salt or use tomato catsu Drain cleaner Use a plunger followed by'/z C. baking soda mixed in '/z C. vinegar. Let sit 15 minutes, pour down 2 qt. boiling water. Furniture polish Linseed, olive or almond oils or a mixture of 3 parts olive oil to 1 part white vinegar or a mixture of 1 Tbs. lemon oil and 1 int mineral oil. Garbs a dis osal deodorizer Used lemon rind or bakin soda. Glass cleaner Mix 2 Tbs. vine ar with 1 uart water. Grease remover Make a paste of borax on a damp cloth. Ink stain remover Spray with leftover non-aerosol hair s ra before washin . Laundr soa Borax, bakin soda or washin soda Linoleum floor cleaner 1 C. white vine ar in 2 als. water. Mildew remover E ual arts vine ar and salt. Mothballs Cedar chips or blocks, or use dried tansy, lavender or peppercorns in drawers and closets. Oils ills Kitt litter, sawdust. Oil stain removal White chalk rubbed into the stain prior to washin . Oven cleaner Pour lots of salt on fresh spills and scrape off after the oven cools. A soda water solution will cut grease. Paint ammonia on spills with a paintbrush, then rinse off. Paint brush softener Hot vine ar. ~~ Tab/e 2 Non-Toxic or Less Toxic Alternatives to Toxic Products (Cont.) Hazardous Product Alternative s°~ Paint stripper Use mechanical sanding instead of chemical stri ers. Paint/ rease remover Wear loves or use bab oil. Pet odor removal Cider vine ar. Pitch or sap remover Butter, margarine or vegetable shortenin . Porcelain stain remover Bakin soda Refri erator deodorizer O en box of bakin soda. Rug/carpet cleaner (General) Use asoap-based non- aerosol rug shampoo, vacuum when dry. (Spots) Pour on club soda or sprinkle cornmeal or cornstarch on the rug, let sit for at least 30 minutes, then vacuum. Rust removal Lemon 'uice lus salt lus sunli ht. Rust bolt remover Carbonated bevera e. Scorch mark remover Grated onion. Scouring powder Baking soda or anon-chlorine scouring owder. Silver polish Soak silver in warm water with 1 Tbs. soda, 1 Tbs. salt and a piece of aluminum foil. Stainless steel olish Mineral oil. Toilet bowl cleaner Paste of borax and lemon 'uice. Tub and the cleaner 1/a C. soda and '/z C. white vinegar mixed with warm water. U holster sot remover Club soda. Water mark remover Tooth aste. Water softener t/a C. vine ar. PESTICIDES) AND FERTILIZERS Pesticides (such as insecticides and herbicides) and fertilizers are commonly used by homeowners in their quest for bigger, healthier plants and greener, lusher lawns. These chemicals are often overused. Homeowners often apply too much chemical at the wrong time, such as before heavy rains or any time the plants will not be able to absorb all the chemicals. These chemicals are easily introduced into stormwater runoff and can cause algae blooms (fertilizers) or kill off aquatic organisms (pesticides). 1 As used here, the word pesticide can mean any herbicide, insecticide, rodenticide, miticide, or other types of chemicals used in the same manner. ~~7 W~~II~~I~I~IN~~I~III~N o~,°a°~°o~;~ Fertilizer management Fertilizing a lawn can be done in an environmentally sensitive manner. Here are some ideas: 1. Before fertilizing, test your soil's pH. This can be easily done by using kits that are available, or through tests provided by WSU Cooperative Extension. Use only the recommended amount of fertilizer, and add any soil amendments, such as lime, that are recommended in your test results. 2. Use fertilizers that are appropriate for your area, and for the type of plants you are growing. Work the fertilizer into the soil directly around the plant's drip line. By incorporating the fertilizer in the soil, there will be less likelihood of contaminated runoff. Contact the Thurston Conservation District to find out this information. 3. Water before fertilizing. Water enough to dampen the ground thoroughly, but not enough to cause surface runoff. Dampening the soil prevents fertilizer from being washed from the surface of dry soil in the first rain or watering after application 4. Many soils can benefit from the use of organic fertilizers such as compost or peat. Not only do these substances add nutrients to soil, they also increase the porosity of the soil and increase its ability to hold water. 5. Slow release fertilizers (which are generally resin-coated) can be used in addition to organic fertilizers. They are not mobile in the soil, and are only applied once. Integrated pest management Rather than bringing out the sprayer whenever a pest infestation occurs in the garden, consider using Integrated Pest Management (also known as IPM). IPM emphasizes the evaluation of all factors including environmental effects before chemicals are applied. Pesticides should only be used as a last resort. Some of the tactics that can be used to decrease or eliminate the use of pesticides include: Use of Natural Predators, Pathogens: Because chemical sprays generally kill many beneficial insects instead of just the target pest, it may be necessary to introduce natural predators back into the garden. Ladybugs, lacewings, predatory wasps, and nematodes are all commercially available. Garter snakes and toads are also predators and should not be eliminated from the garden. There are some bacteria, viruses, and insect parasites that are specific to pests and will not harm other insects or animals. A commonly used bacterium in the Puget Sound area is Bacillus thuringiensis (Bt), which is intended to control infestations of tent caterpillars. Products containing Bt are available at your nursery. oZB~ iu~~~n~nu~~~~n~u~n ,~a~x~on,, Habitat Changes: Many times a change of habitat can control pest infestations. Removal of old tires can cut down on the mosquito population by removing a convenient water-filled location for them to breed in. Crop rotation, even in a small garden, can reduce the number of pest infestations. Removing last year's leaves from under rose bushes can cut down on the incidence of mildew and blackspot, as these fungi overwinter in dead leaves. Timing: Crops that can overwinter (such as leeks or carrots) should be planted in the fall. This gives them time to become established before pests arrive in the spring. Mechanical: Many eggs, larvae, cocoons, and adult insects can be removed by hand. Be sure that the insect is properly identified prior to removing it so those beneficial insects are not destroyed in error. Drowning insects in plain water or spraying them with soapy water are alternatives to squashing them. Resistant Plants: Plants that are native to this area are often more resistant to pests and climate, etc. than are introduced plants. Many plant cultivars have been developed which are resistant to such diseases as verticilium wilt and peach leaf curl. Grass seed mixes are also available for lawns that need much less watering, mowing, and chemical use. Growing Conditions: Plants, such as hostas, that require some shade are more susceptible to pests when they are growing in the sun. Plants that are not properly fertilized or watered are less vigorous in growth and tend to attract pests. Plants that prefer an acid soil, such as azaleas, will perform better and be less susceptible to pests when they are grown in soil with the proper pH. Chemicals: Chemicals are a small part of the IPM plan and should be applied only as needed after reviewing all other alternatives. Pesticide management When use of a chemical is the best or only option, follow these simple guidelines: 1. Know what pest you are spraying for. Use the pesticide according to the manufacturer's instructions and buy only the quantity needed. Many pesticides have a limited shelf life and may be useless or degrade into even more toxic compounds if kept on the shelf. 2. Do not apply more than the specified amount. Overuse can be dangerous to your health as well as the health of wildlife and the environment. If more than one chemical can be used to control the pest, choose the least toxic. The word ~~caution" on the label means that the chemical is less toxic than one that is labeled °warning". 3. Do not spray on windy days, in the morning of what will be a very hot day, or when rain is likely to occur. Herbicides can drift and injure valuable ornamental plants in either yours or your neighbor's back yard. Do not water heavily after application. Plants should be lightly watered BEFORE ~l ~INIIYIIIIInIIY~YI~II~V911~~I~INI 9°~'°,~„ application to prevent burning of the foliage, and to help evenly spread the chemical. 4. Never apply pesticides near streams, ponds, or wetlands (exception: approved applications for aquatic weeds). Do not apply them to bare eroded ground (exception: use of low toxicity herbicides such as Round-up to allow growth of desired planting in small areas). Many pesticides bind to soil particles and can be easily carried into a stream or storm drain. 5. Pesticides should be stored well away from living areas. Ideally, the storage area should have a cement floor and be insulated from temperature extremes. Always keep pesticides in their original containers with labels in tact. Labels often corrode and become illegible in this climate and may have to be taped onto the container. 6. Federal law now requires that all pesticides be labeled with the appropriate disposal method. Leftovers should never be dumped anywhere, including a landfill. Take unwanted pesticides to the County's hazardous waste collection days or Hazo House at the landfill. 7. Empty containers should be triple-rinsed and the rinse water used as spray. Once containers are triple-rinsed, they are not considered hazardous waste and may be disposed of in most landfills. However, call your local landfill before putting the container in the garbage. 8. If a pesticide is spilled onto pavement, it can be absorbed using kitty litter or sawdust. The contaminated absorbent should be bagged and labeled and taken to Hazo House. 9. If the pesticide is spilled onto dirt, dig up the dirt, place it in a plastic bag and take it to Hazo House. lO.Many pest control companies and licensed applicators have access to pesticides that are more toxic than those available to the consumer. Check with the company before they spray indoors or outdoors to find out what spray they will be using and what precautions, if any, are necessary after the operator leaves. HOME REMODELING Remodeling uses some of the most toxic substances found in the home. Paints, preservatives, strippers, brush cleaners, and solvents all contain a wide range of chemicals, some of which are suspected to be carcinogens (cancer causing). These products should never be dumped in a landfill or put down a sewer or septic system. 1. When building a deck consider using wood instead of concrete. Wood decking allows rainwater to drip onto the ground below, keeping it from becoming surface runoff. 2. Decks and sidewalks can also be built out of brick interlocking pavers or modular concrete. If these surfaces are placed on a bed of well-drained soil gravel or sand, rainwater can infiltrate into the around through them. 3D iiuuiwiii~i~~iiniAi~u~i~diiimiuw m#°,~80~=~a 3. To reduce disposal problems, buy only the amount you need. Used turpentine or brush cleaner can be filtered and reused. Paint cans should be allowed to dry and then be disposed of during a hazardous waste collection day or at Hazo House. 4. Leftover paint can be given away, for example to a theater group. Contact the Thurston County Health Department at 754-4111 for other options. 5. Roof downspouts can be adjusted to infiltrate runoff where the soil is well drained. The runoff from them can enter a gravel bed where it can infiltrate into the ground. For design criteria, see your jurisdiction's drainage manual. 6. When gardening on slopes, reduce the potential for surface runoff by using terraces across the face of the hill. These can be as simple as little soil "bumps" or can be elaborate using such products as pressure-treated wood 4x4's or rock walls. SEPTIC SYSTEM CARE AND MANAGEMENT While septic systems do not seem to have a direct relationship with stormwater runoff, they can in some instances be related. 1. Roof drains and stormwater runoff should be diverted away from drainfields. Excess water reduces the capacity of the drainfield to absorb effluent from the septic tank. 2. Water from hot tubs should not be drained into a septic system all at once. They are not designed to handle large volumes of chlorinated water. Either use the water on plants in the yard, or drain the hot tub slowly over a period of days. 3. Septic tanks should be pumped regularly. Ponded water, damp places in the yard, foul odors and/or a dark gray or black soil color may indicate septic drain field failure. Effluent from a malfunctioning septic can cause disease and nitrate problems in groundwater. For septic system assistance, contact the Thurston County Health Department at 786-5490. REFERENCES Puget Sound Water Quality Authority, Managing Nonpoint Pollution - an Action Plan for Puget Sound Watersheds, 88-31, June 1989. Washington State Dept. of Ecology, Water Quality Guide -Recommended Pollution Control practices for Homeowners and Small Farm Operators 87-30, revised June 1991. Washington State Dept. of Ecology, Hazardous Waste Pesticides, 89-41, August 1989. ~~ INI~N~~IUIV~~I~IMIIINIUIVI~~IIIW ~~~°°~9~-n. GLOSSARY BEST MANAGEMENT PRACTICE (BMP) -Structures, conservation practices, or regulations that improve quality of runoff or reduce the impact of development on the quantity of runoff. BIOFILTER (SWALE) - A wider and flatter vegetated version of a ditch over which runoff flows at uniform depth and velocity. Biofilters perform best when vegetation has a thick mat of roots, leaves, and stems at the soil interface (such as grass). BIOFILTRATION -The process through which pollutant concentrations in runoff are reduced by filtering runoff through vegetation. BUFFER -The zone that protects aquatic resources by providing protection of slope stability, attenuation of runoff, and reduction of landslide hazards. An integral part of a stream or wetland ecosystem, it provides shading, input of organic debris, and coarse sediments to streams. It also allows room for variation in stream or wetland boundaries, habitat for wildlife, and protection from harmful intrusion. CATCH BASIN - An inlet for stormwater set into the ground, usually rectangular and made of concrete, and capped with a grate that allows stormwater to enter. CHECK DAM -Adam (e.g., rock, earthen, log) used in channels to reduce water velocities, promote sediment deposition, and/or enhance infiltration. COMPOST STORMWATER FILTER - A treatment facility that removes sediment and pollutants from stormwater by percolating water through a layer of specially prepared bigleaf maple compost. Clean water exits the bottom of the facility through a pipe, while stormwater flows in excess of the facility design overflow the compost bed and bypass the facility. CONSTRUCTED WETLAND - A wet pond with dead storage at varied depths and planted with wetland plants to enhance its treatment capabilities. CONTROL STRUCTURE OR FLOW RESTRICTOR - A manhole and/or pipe structure with aflow-regulating or metering device such as a weir or plates with small holes known as orifices. This structure controls the rate at which water leaves the pond. CONVEYANCE - A mechanism or device for transporting water including pipes, channels (natural and man-made), culverts, gutters, manholes, etc. CRITICAL AREA -Areas such as wetlands, streams, steep slopes, etc. as defined by ordinance or resolution by the jurisdiction. Also known as environmentally sensitive areas. ~~Z 3404890 Page: 33 of 37 01(11(2402 10:57A AGR $45.00 Thurston Co, WA CULVERT - A conveyance device (e.g., concrete box, pipe) which conveys water from a ditch, swale, or stream under (usually across) a roadway or embankment. DEAD STORAGE -The volume of storage in a pond below the outlet which does not drain after a storm event. This storage area provides treatment of the stormwater by allowing sediments to settle out. DETENTION FACILITY - A facility (e.g., pond, vault, pipe) in which surface and storm water is temporarily stored. DETENTION POND - A detention facility in the form of an open pond. DISPERSION TRENCH - An open-top trench filled with riprap or gravel that takes the discharge from a pond, spreads it out, and spills (bubbles) the flow out along its entire length. Dispersion trenches are used to simulate °sheet flow" of stormwater from an area, and are often used to protect sensitive adjacent areas, such as wetlands. DRAINAGE SYSTEM -The combination of Best Management Practices (BMPs), conveyances, treatment, retention, detention, and outfall features or structures on a project. DROP STRUCTURE - A structure for dropping water to a lower elevation and/or dissipating energy. A drop may be vertical or inclined. DRY POND - A detention facility that drains completely after a storm. This type of pond has a pipe outlet at the bottom. EASEMENT -Aright afforded a person to make limited use of another's real property. Typical easements are for pipes or access to ponds, and may be 15 to 20 feet wide. EMERGENCY OVERFLOW OR SPILLWAY - An area on the top edge of the pond that is slightly lower in elevation than areas around it. This area is normally lined with riprap. The emergency overflow is used only if the primary and secondary outlets of the pond fail, in the event of extreme storms, or if the infiltration capability of the pond becomes significantly diminished. If the emergency overflow ever comes into play, it may indicate the pond needs to be upgraded. ENERGY DISSIPATER - A rock pad at an outlet designed to slow the velocity, spread out the water leaving the pipe or channel, and reduce the potential for erosion. FREEBOARD -The vertical distance between the design high water mark and the elevation of the top of the pond. Most ponds have one to two feet of freeboard to prevent them from overflowing. ~ ~ I 3404890 'I Page; 34 of 37 01111(20Q2 iQ,57a pG~I $45.44 Thurston Co, Wa INFILTRATION -The soaking of water through the soil surface into the ground (percolation is essentially the same thing). Many ponds are designed to infiltrate or retain stormwater, and thus do not have a regularly used discharge pipe. INFILTRATION FACILITY (OR STRUCTURE) - A facility (pond or trench) which retains and percolates stormwater into the ground, having no discharge (to any surface water) under normal operating conditions. JUNCTION -Point where two or more drainage pipes or channels converge (e.g., a manhole). JURISDICTION -Olympia, Lacey, Tumwater, Yelm, or Thurston County (as applicable). LINED POND OR CONVEYANCE - A facility, the bottom and sides of which have been made impervious (using, for example, a plastic liner or clay/silt soil layer) to the transmission of liquids. LIVE STORAGE -The volume of storage in a pond above the outlet which drains after a storm event. This storage area provides flood control and habitat protection for nearby streams. MANHOLE - A larger version of a catch basin, often round, with a solid lid. Manholes allow access to underground stormwater pipes for maintenance. NATURAL CHANNEL -Stream, creek, river, lake, wetland, estuary, gully, swale, ravine, or any open conduit where water will concentrate and flow intermittently or continuously. OIL-WATER SEPARATOR - A structure or device used to remove oil and greasy solids from water. They operate by using gravity separation of liquids that have different densities. Many catch basins have a downturned elbow that provides some oil-water separation. OUTFACE -The point where water flows from aman-made conduit, channel, or drain into a water body or other natural drainage feature. RETENTION FACILITY - An infiltration facility. RETENTION POND - A retention facility that is an open pond. REVETMENTS -Materials such as rock or keystones used to sustain an embankment, such as in a retaining wall. RIP RAP -Broken rock, cobbles, or boulders placed on earth surfaces, such as on top of a berm for the emergency overflow, along steep slopes, or at the outlet of 3~ 3404890 Page: 35 of 31 01111 X2002 10:51A I~GR $45.00 Thurston Co, WA a pipe, for protection against the action of water. Also used for entrances to construction sites. RUNOFF -Stormwater. SAND FILTER - A treatment facility that removes sediment and pollutants from Stormwater by percolating water through a layer of sand. Clean water exits the bottom of the facility through a pipe, while Stormwater flows in excess of the facility design overflow the sand bed and bypass the facility. STORMWATER -That portion of precipitation that falls on property and that does not naturally percolate into the ground or evaporate, but flows via overland flow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. Stormwater includes washdown water and other wastewater that enters the drainage system. SWALE - A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot. This term is used interchangeably with ~~BIOFILTER". TRASH RACK OR BAR SCREEN - A device (usually a screen or bars) that fits over a pipe opening to prevent large debris such as rocks or branches from entering and partially blocking the pipe. WET POND - A stormwater treatment pond designed with a dead storage area to maintain a continuous or seasonal static water level below the pond outlet elevation. ~S ~~IIVIIIINI~VIIIII!I~IVNAIhNIIlVIAV ~~°~~,~~sa TABLE OF CONTENTS APPENDIX K -- STORI~IWATER MAINTENANCE AGREEMENT ....:................................................... 30 ATTACHMENT "A" - STORMWATER FACILITY MAINTENANCE GUIDE ..................................... 36 INTRODUCTION ............................................................................................................................................. 36 YOUR STORMWATER FACILITIES ........................................................................................................... 38 FACILITY KEY .................................................................................................................................................. 38 SITE PLAN .......................................................................................................................................................... 39 QUICK LIST ...................................................................................................................................................... 40 MAINTENANCE CHECKLISTS .................................................................................................................... 41 CATCH BASINS AND INLETS ........................................................................................................................ 42 CONVEYANCE PIPES, DITCHES, AND SWALES ........................................................................................ 44 GROUNDS AND LANDSCAPING ................................................................................................................... 45 ACCESS ROADS AND EASEMENTS .............................................................................................................. 46 DRYWELLS, FRENCH DRAINS, OR DOWNSPOUTS ................................................................................... 47 RESOURCE LISTING ...................................................................................................................................... 48 LOG SHEET ...................................................................................................................................................... 49 ATTACHMENT "B" -- RESIDENTIAL BEST MANAGEMENT PRACTICES ....................................... 50 POLLUTION PREVENTION FOR HOMEOWNERS ................................................................................. 50 PURPOSE ............................................................................................................................................................ 50 RECOMMENDED POLLUTION CONTROL PRACTICES FOR HOMEOWNERS ....................................... 50 HOUSEHOLD HAZARDOUS WASTES ........................................................................................................... 50 HOUSEHOLD PRODUCT MANAGEMENT .................................................................................................... 51 AUTOMOTIVE USAGE, CARE AND MAINTENANCE ................................................................................ 52 PESTICIDES AND FERTILIZERS .................................................................................................................... 56 HOME REMODELING ...................................................................................................................................... 59 SEPTIC SYSTEM CARE AND MANAGEMENT ............................................................................................. 60 REFERENCES .................................................................................................................................................... 60 GLOSSARY ....................................................................................................................................................... 61 ~~ IYNIII~IIIIMIYIMIIIIIIYI~NNIV~I~I~IAII oy"°~~o~ eturn Address ity of Yelm athie Carlson O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions of Longmire Meadows 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Carl D. Teige, Carl D. Teitge Development Inc. 2. Robert A. Bussey, Robert A. Bussey Investments, Inc. 3. Longmire Meadows 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) Block 15 of unrecorded Solberg's Second Addition to Yelm, and that part of the SW 1/a of the NW 1/a, Section 19, Township 17 North, Range 2 East Assessor's Property Tax Parcel/Account Number: 22719231600 and 22719230900 ~~ 3404891 `II f lge; 1 of 20 I 01 1112002 11; 02A CITY OF YELM COV $28,00 ThG~ston Co, WA AFTER RECORDING RETURN TO: Carl D. Teitge 811 N. Stadium Way Tacoma, WA. 98403 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS LEGAL DESCRIPTION: NW 1/4, S 19, T17N, R2E,W.M. ASSESSORS TAX PARCEL NO: 22719231600 & 22719230900 ALSO ATTACHED EXHIBIT A Z"' . THIS DECLARATION IS MADE THIS ~ DAY OF ~~~ k ~Y , 200! by~~~ CARL D. TEITGE DEVELOPMENT INC. AND ROBERT A. BUSSEY INVESTMENTS INC. Washington corporations HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH WHEREAS, Declarant is the owner of certain real property in the City of Yelm, Thurston County, as recorded C~ ,under Auditor' File #. ~~ }~n ~~ Thurston County, Washington. Lots 1 through 23, and the common areas of Longmire ~, ~( `Li' Meadows, as recorded in the office of the Thurston County Auditor on day of'J ;,~11 • 200k 39~~-~ ~ under Thurston Auditor's Fee # (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 I~ 3404891 Page; 2 of 24 CITY OF YELM COV ~ 01 J11 J2002 11;02A $28.00 Thurston Co, WR 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 run with the real property and shall be binding on all parties having 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 1. "Association" shall mean and refer to Longmire Meadows Homeowners Association, a Washington non-profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, 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 ~I 3404891 III 0191112002 of12002A CITY Of YELM COV $28,7 Thurston Co, WA recorded subdivision map of the Properties with the exception of the Common Areas. Section 6. "Declarant" shall mean and refer to Carl D. Teitge Development Inc, and Robert A. Bussey Investments Inc., its successors or assigns who should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration is located in, Thurston County, Washington, and is described as follows: Lots 1 through 23, and all of Tract A , as contained on the Plat of Longmire Meadows per that certain Plat recorded in the office of the Thurston County Auditor on day of 2001 under Thurston County Auditor's Fee # _. All of which property shall hereinafter be referred to as the "property" or "properties". Legal Description is attached as Exhibit A. ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Property. 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 ~I 3404891 III 01911~2~02 of1~Q02A CITY Qf YELM COY ;28,00 Thurston Co, YfA with Section 4 herein, are allowed. Section 2. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said activity be in compliance with the City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same may be conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a matter (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential construction as described in Section 1, nor shall any thing be done on any residential lot which may be or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be permitted on any street, sidewalk or other public area. Section 3. Automobiles. Boats, Trucks. Trailers, Recreational Vehicles. The streets within the plat shall not be used for over night parking of any vehicles 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 forty-eight (48) hours where such vehicle is non-operational, in repair or abandoned unless such vehicle is on a lot and ~ 3404891 I Page; 5 of 20 CITY Of YELM ~Qy 01111I2Q02 11:02A $2B,OQ Thurston Co, WA enclosed in a garage or outbuilding, or screened by a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 4. 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 5. 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 6. 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 7. Building Setback No building or detached structure (with the exception of fences as described in Section 8 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house, nor nearer than ten (10) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet 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 chain link fences are 'I 3404891 Page; 6 of 20 01 J11 J2002 11;02A OITY OF YELM COV $28,00 Thurston Oo, WA allowed except black chain link and poles and in the rear yards only. To protect the visual open area at the rear of most lots black chain link is a fencing preference for rear yard fencing. 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 14 and 15 where necessary. Section 9. 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 Homowner'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 the drainage channels in the easements, or which may obstruct or retard the flow of water through the 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 is responsible. 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 3404891 Page; 1 of 20 01 J 11 J2002 11; 02A CITY OF YELM COV $28.00 Thurston Oo, Wa owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 10. Signs. 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 30 days prior to any election or primary election day and 30 days following election or primary election day. Section 11. Oil and Mining 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, tunnels, mineral excavations or shafts be permitted 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 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. 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 '~ 3404891 I Page; B of 20 CITY OF YELM C~ ~ 01 J 1112002 11; 02A $28.00 Thurston Co, WA unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 14. 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, 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 condition. Section 15. 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 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. No siding shall be diagonal. All metal fireplace chimneys shall be wrapped in either wood or stone. The entire house must be painted or stained approved colors. The colors shall be consistent with and in general conformity to the remainder of the neighborhood. The idea is that colors that are very bright, provocative or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Northwest Housing Development. An owner wishing to change the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be unreasonably withheld. 3404891 I. Page: 9 of 20 01 J11 J2002 11:02A CITY OF YELM COU $28.00 Thurston Co, WA Section 18. 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 19. 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 20. Landscaping. The builder shall install or have installed prior to the occupancy of any home, landscaping of the front and at least one half way through the side yards. The front yards shall be grass to the sidewalk and driveway and grass to grass in the front yards. Yards shall be regularly mowed and neatly maintained at all times. Section 21. Storm Drainage Facilities. Storm Drainage Tracts shall be dedicated to a Homeowners Association, and the Homeowners Association shall be responsible for Stormwater Drainage Facilities and the open area surrounding them within the plat. Section 22. Owners Easements and Enjovment. Every owner shall have a right and easement of enjoyment in and to the Common Areas held for the Stormwater facilities which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions; (a) The right of the Association to 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 23, Delegation of Use. Any owner may delegate, in acco_dance with the By- Laws, his right of enjoyment to the Common Areas and facilities to the members of his family, ~ 3404891 Page; 10 of 20 01 J11 J2002 11;02A CITY OF YELM COV $28.00 Thurston Co, WA 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 memberships 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: (a) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (b) On December 31, 2005. Section 4. FHA/VA Approval. 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 3404891 Page: 11 of 20 0111112002 11; 02A CITY OF YELM OOU $28,00 Thurston Co, WA 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 Common Areas, including the maintenance of Stormwater Facilities, landscaping and access road for the reasonable costs of maintenance and the costs of the Association including accounting, insurance and legal fees. Section 3. Maximum Annual Assessment. Until December 31, 2004, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per lot. (a) From and after December 31, 2004, 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 3404891 Page; 12 of 20 01111 x2002 11:02A CITY OF YELM COV $28.00 Thurston Co, WA 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 thirty (30) 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 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 a uniform rate 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 yearn 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 3404891 Page: 13 of 20 01)11(2002 11;028 CITY OF YELM COV $28.00 Thurston Co, WR 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 ag aes. 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 liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any_Lot which 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, ACCESS ROAD, DRAINAGE FACILITIES AND 3404891 Ih 01911 J20024 011?02A CITY OF YELM COV $28,00 Thurston Co, WA LANDSCAPING Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities, streets, drainage facilities and landscaping around the drainage facilities as delineated on the plat of Longmire Meadows, 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 Homeowner's 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 storm drainage facilities, including all expenses shall be paid by the Homeowners Association. In the event the Homeowners Association, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Homeowners Association or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Homeowners Association or successors agree to the following remedy: After thirty (30) days notice by registered mail to the Homeowners 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 property and/or on lots in the Property Owners 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 Homeowners Association or successors. Section 2. Maintenance of Facilities. pl 3404891 Page; 15 of 24 CITY OF YELM Cpy ~ 01 J11 12002 11:028 $28.00 Thurston Co, WA (a) In consideration of conveyance of Tract(s) to the Homeowners Association, the Homeowners Association hereby covenants and agrees to maintain in good order and repair the storm water facilities and road, located in designated tracts 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 Homeowners Association or repairs can be done by the members, as long as work meets with City standards. (b) All storm water runoff from rooftops shall be handled to retain all runoff on-site as per City of Yelm standards in place at the time of home construction. Section 3. Maintenance Schedule. Maintenance schedule for drainage system components and streets shall be completed as outlined in Residential Agreement To Maintain Stormwater Facilities And To Implement A Pollution Source Control Plan as recorded under ~~4 ~ ~~ ~u~a~~1 i~ ~. ~, c~ ~ Thurston County Auditor's Fee # ~ recorded pe~tYf6er , 200,1! i,~d' ~~ Section 4. Stormwater Agreement. The Longmire" 1V1-eadows Homeowner's Association shall provide the drainage and road maintenance required in the Residential Agreement To Maintain Stormwater Facilities And To Implement A Pollution Source Control ~~~ Plan as recorded under Thurston County Auditor's Fee # recorded Bccerfi~5er /"'" -~ X171' 200 /~~ Section 5. Maintenance Schedule. The Longmire Meadows Homeowner°s Association the storm drainage and road maintenance as required in The Longmire Meadows Homeowner's Association shall provide the drainage and road maintenance required in the Residential Agreement To Maintain Stormwater Facilities And To Implement A Pollution ~~~ 3404891 Page; 16 of 20 ~I~ ~hursto4nOCo, WR~02R CITY OF YELM C4V $28,40 Source Control Plan as recorded under Thurston County Auditor's Fee # recorded December , 2001. ARTICLE VII No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designed Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, Longmire Meadows Homeowner's 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 ~I~I~N~II~N~I~II~I~NI~N~IV~ o~°;~p'~=« enforce this declaration shall in no way affect the power of any successor, lot owner or (Longmire Meadows 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 Creviston Ridge 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, Creviston Ridge 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 of ten (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 Pierce 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 3404891 Page; 18 of 20 41 J11 J2Q02 11;42A CITY OF YELM C4V $28,Q4 Thurston Co, WA the lots. Amendments shall take effect when they have been recorded with the Auditor of the County of Pierce. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 1'Z-day of ~~~~, (~,.~.,.., , 2001. Carl D. Teitge Development Inc. ~. ~` ~ Carl D. Teitge President/Secretary Robert A. Bussey Investments Inc. Robert A. Bussey President/Se retary STATE OF WASHINGTON ) Lew~~~ s )ss. COUNTY OF ~E ) On this (2- day of y~ ~ , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Carl D. Teitge a d Robert A. Bussey to me known to be the President and Secretary of Carl D. Teitge Development Inc and Robert A. Bussey Investments Inc., respectively, of corporations that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official se~~h~r~t~ affixed the day and year first above written. _ ~ P, SOp ~ \`'`°- r i ~G, pr' EXP/RFC . !~ - -. '9,~ i z : ~ ~ ~ ~V : ~ ; Name: o ~ S~}ei h c e o -e._ ~j O : ~ `~ ~. 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F-. m I ~ _~ O: -+b~~ a w°I Q °o ~ ~ ~ °o W ~ I ~ ~ •-~ a ~ ~ I°' W I oa o2 ~ ~ ~ _ ~ ~~I OS'64 00'LS ~ Zo1 N 0 a O N i \v ~Z~~QL i ~~; 1 () City of Yelm ~I Invoice No. CDD-01-039 Community Developmenrtit 1 ~~~ - INVOICE- Customer Name ROBERT BUSSEY/TEBO VENTURES III Address 157 LEMIEUX LANE City TENINO State WA ZIP 98589 Phone Date 1 /8/02 Order No. SUB-00-8265-YL Rep Longmire Mdws FOB qty Description Unit Price TOTAL 4 Pat Fox Survey Review $84.44 $337.76 3 James Gebhardt Survey Review $81.90 $245.70 (see copy of Skillings-Connolly, Inc. attached) ^~ ~~ ~` SubTotal $583.46 Payment Details Shipping & Handling $0.00 Q Cash Taxes WA Q Check Q TOTAL $583.46 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YOU City of Yelm invoice No. CDD-01-039 Community Development Department INVOICE - ~.uswrner Name ROBERT BUSSEY/TEBO VENTURES III Address 157 LEMIEUX LANE City TENINO State WA ZIP 98589 Phone Date 1 /8/02 Order No. SUB-00-8265-YL Rep Longmire Mdws FOB Qty Description Unit Price TOTAL 4 Pat Fox Survey Review $84.44 $337.76 3 James Gebhardt Survey Review $81.90 $245.70 (see copy of Skillings-Connolly, Inc. attached) SubTotal $583.46 Payment Details Shipping & Handling $0.00 ~ Cash Taxes WA O Check Q TOTAL $583.46 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YOU SKILLINGS-CONNOLLY, INC. P.O. BOX 5080 LACEY, WA 98509-5080 (360) 491-3399, INVOICE !_._- - , 1, _~ ;`~ ~!~-, __.~ --_ Eti :t, ,} ` ~~.` JAS! - 3 2v0~ ~:; ,... r I voice # 1 91.x------°~""' J uary Ol, 2002 Page 1 SHELLY BADGER CITY OF YELM 105 YELM AVENUE WEST PO BOX 479 YELM, WA 98597 Project # : 01007 YELM, CITY OF - GEDIER~~L SEP.VICES FOR 2001 Professional Services Rendered Through: December 25, 2001 -------------------------------------------------------------------------------- Project #: 01007 Billing Group 001 101 ADMINISTRATION 153 DOUG BLOOM WELL 102 GENERAL WATER 154 WATERSHED MANAGEMENT 131 YELM HWY/KILLION RD 141 THURSTON HIGHLANDS 149 LOT CLOSURES 137 FRANK KIRKBRIDE DRAUGHT FARM 152 AWARD SUBMITTAL 146 L ID FORMATION FOR REUSE 155 NISQUALLY ESATES PLAT REVIEW 106 GENERAL STREETS 156 PRAIRE HEIGHTS 3 PLAT REVEEW 157 WATER RIGHTS 132 YELM COMPREHENSIVE PLAN 105 GENERAL PLANNING 158 WELL 3A TREATMENT ALTERNATIVE S 160 GRANT APPLICATIO 159 DEVELOPERS AGREEMENT 167 WATER RATES 161 PRAIRE ELEMENTRY SCHOOL WATER SYSTEM 162 COORDINATED WATER SYSTEM PLAN REVIEW 163 PUBLIC 4~?ORKS BUILDING 164 MISC RECLAIMED WATER WORK 165 WELLS 1 & 2 MODIFICATIONS 166 SEWER PLAN UPDATES 151 CHARLIE'S BROWN WATER RIGHT/WELLS 168 LONGMIRE MEADOWS PLAT REVIEW Professional Services Rate Hours Charge ---- ----- -------- TASK 157 Engineer Kenney Lilliquist PROOF OF APPROPRIATEION RIGHT CHANGE HEWITSON & 58.50 7.00 409.50 WELL 3A & PdELL 2 WATER HARPER TRANSFER PAPEP, WORK 01007 001 Invoice # 11914 YELM, CITY OF - GENERAL SERVICES FOR January O1, 2002 2001 --------------------------------------- ---------------- Page 3 ---------- --------------- Professional Services --------------------- Rate ---- Hours ----- Charge -------- Kenney Lilliquist 58.50 5.25 307.13 PUBLIC HEARING PREPARATION Principal Thomas Skillings 105.00 4.00 420.00 MISC WATER RATE MEETING Engineer Kenney Lilliquist 58.50 4.50 263.25 YELM PUBLIC HEARING Kenney Lilliquist 58.5C 1.00 58.50 DARPA - YELM NPDES WORK P.R.S. Assistant Thaddeus Dickson 57.69 1.00 57.69 Robert Janisch 51.93 2.00 103.86 Engineer Kenney Lilliquist 58.50 7.50 438.75 " l ~'~ ~3'~'/ ,~~; ~~/ 37.00 2556.62 168 Professional Surveyor Pat Fox James Gebhardt 84.44 81.90 '~'f~1 l~ ~ ,~G' `-~~ 4.00 337.76 3.00 245.70 7.00 583.46 $ 4778.08 Charge Total Professional Services Reimbursable Expenses Reimbursable Expenses 11/20/01 Project Expense KINKOS ~f C I ~3~ ~C' ~ ~ 167.62 Total Reimbursable Expenses $ 167.62 ---------- Approvedfor Payment; Date:.~,~.... ** Invoice Total ** Project: c 4945.70 % BARS # ___________ % BARS #__. _ _._. __.~ SKILLINGS-CONNOLLY, INC. P.O. BOX 5080 LACEY, WA 98509-5080 (360) 491-3399, INVOICE __ ._ _. .~ ~_~^ . _~ ~ , ~ - I ~ --'mil '4~ 1~_____- ~'''^~ JAN - 3 2v02 ~,; I voice # 1~].91.~----°-°`~ "' J uary Ol, 2002 Page 1 SHELLY BADGER CITY OF YELM 105 YELM AVENUE WEST PO BOX 479 YELM, WA 98597 Project #: 01007 YELM, CITY OF - GENER~~L SEP.VICES FOR 2001 Professional Services Rendered Through: December 25, 2001 -------------------------------------------------------------------------------- Project #: 01007 Billing Group 001 101 ADMINISTRATION 153 DOUG BLOOM WELL 102 GENERAL WATER 154 WATERSHED MANAGEMENT 131 YELM HWY/KILLION RD 141 THURSTON HIGHLANDS 149 LOT CLOSURES 137 FRANK KIRKBRIDE DRAUGHT FARM 152 AWARD SUBMITTAL 146 L ID FORMATION FOR REUSE 155 NISQUALLY ESATES PLAT REVIEW 106 GENERAL STREETS 156 PRAIRE HEIGHTS 3 PLAT REVEEW 157 WATER RIGHTS 132 YELM COMPREHENSIVE PLAN 105 GENERAL PLANNING 158 WELL 3A TREATMENT ALTERNATIVE S 160 GRANT APPLICATIO 159 DEVELOPERS AGREEMENT 167 WATER RATES 161 PRAIRE ELEMENTRY SCHOOL WATER SYSTEM 162 COORDINATED WATER SYSTEM PLAN REVIEW 163 PUBLIC i~?ORKS BUILDING 164 MISC RECLAIMED WATER WORK 165 WELLS 1 & 2 MODIFICATIONS 166 SEWER PLAN UPDATES 151 CHARLIE'S BROWN WATER RIGHT/WELLS 168 LONGMIRE MEADOWS PLAT REVIEW Professional Services --------------------- Rate Hours Charge ---- ----- -------- TASK 157 Engineer Kenney Lilliquist PROOF OF APPROPRIATEION RIGHT CHANGE HEWITSON & 58.50 7.00 409.50 WELL 3A & WELL 2 WATER HARPER TRANSFER PAPER WORK 01007 001 Invoice # 11914 YELM, CITY OF - GENERAL SERVICES FOR January Ol, 2002 2001 Page 2 -------------------------------------------------------------------------------- Professional Services Rate Hours Charge Kenney Lilliquist 58.50 4.00 234.00 PROOF OF APPRIOPRIATION WELL 3A & WELL 2 WATER RIGHT CHANGE HEWITSON & HARPER TRANSFER PAPER WORK Kenney Lilliquist 58.50 6.00 351.00 PROOF OF APPROPRIATION WELL 3A & WELL 2 WATER RIGHT CHANGE HEITSON & HARPER TRANSFER PAPER WORK Kenney Lilliquist 58.50 1.50 87.75 PROOF OF APPROPRIATION WELL 3A & WELL 2 WATER RIGHT CHANGE HEWITSON & HARPER TRANSFER PAPER WORK Kenney Lilliquist 58.50 7.50 438.75 PROOF OF APPROPRIATION WELL 3A & WELL 2 WATER RIGHT CHANGE HEITSON & HARPER TRANSFER PAPER WORK Kenney Lilliquist 58.50 2.00 117.00 PROOF OF APPROPRIATION WELL 3A & WELL 2 WATER RIGHT CHANGE HEWITSON & HARPER TRANSFER PAPER WORK ~~~1 ~3~( ~(.~ ~°/ ~ 28.00 1638.0 TASK 167 Principal Thomas Skillings 105.00 2.00 210.00 BUDGET WORK SESSION P.R.S. Assistant Thaddeus Dickson 57.69 1.00 57.69 YELM ON-CALL SERVICES WATER RATE PUBLIC INVOLVEMENT Thaddeus Dickson 57.69 2.00 115.38 YELM ON-CALL SERVICES WATER RATE PUBLIC Ir~IOLVED4ENT Thaddeus Dickson 57.69 1.00 57.69 YELM HEARING NEWSLETTER Engineer Kenney Lilliquist 58.50 1.00 58.50 PUBLIC INVOLVMENT Kenney Lilliquist 58.50 1.00 58.50 PUBLIC INVOLVEMENT Engineer Tech. Lane Sater 46.24 0.75 34.68 YELM GENERAL SERVICES LOGOS TO JOHN THOMPSON Principal Thomas Skillings 105.00 2.00 210.00 WATER RIGHTS ISSUES/VISIT W ELL Thomas Skillings 105.00 1.00 105.00 MISC WATER RATE MEETING Engineer 01007 001 Invoice # 11914 YELM, CITY OF - GENERAL SERVICES FOR January O1, 2002 2001 Page 3 Professional Services Rate Hours Charge --------------------- ---- ----- ---- Kenney Lilliquist 58.50 PUBLIC HEARING PREPARATION Principal Thomas Skillings 105.00 MISC WATER RATE MEETING Engineer Kenney Lilliquist 58.50 YELM PUBLIC HEARING Kenney Lilliquist 58.5C DARPA - YELM NPDES WORK P.R.S. Assistant Thaddeus Dickson 57.69 Robert Janisch 51.93 Engineer Kenney Lilliquist 58.50 168 Professional Surveyor Pat Fox James Gebhardt 84.44 81.90 ~~~ l5 ~ ,~D ~/ Total Professional Services Reimbursable Expenses Reimbursable Expenses 11/20/01 Project Expense KINKOS 5.25 4.00 4.50 1.00 1.00 2.00 7.50 37.00 4.00 3.00 7.00 yc r 53~ ~~ ~ I 307.13 420.00 263.25 58.50 57.69 103.86 438.75 2556.62 337.76 245.70 583.46 $ 4778.08 Charge 167.62 Total Reimbursable Expenses $ 167.62 Approved for Paymente Date: ** Invoice Total ** Project: .,~~-- 4945.70 % BARS # % BARS # 01007 Invoice # 11914 YELM, CITY OF - GENERAL SERVICES FOR January Ol, 2002 2001 Page 4 ------------------------------------------------------------------------ Accounts Receivable ------------------- Invoice Date Description Amount -- Reference ---------- Balance Due ----- ------- 11129 -------- 02/01/01 ---------------- Billing ---- -------- 186.56 186.56 02/19/01 Payment -186.56 CK014516.2 0.00 11178 03/01/01 Billing 739.55 739.55 03/30/01 Payment -739.55 CK014788.2 0.00 11198 04/01/01 Billing 413.48 413.48 04/27/01 Payment -413.48 CK014989 0.00 11294 05/01/01 Billing 472.50 472.50 05/25/01 Payment -472.50 CK015179.1 0.00 11341 06/01/01 Billing 1397.48 1397.48 06/18/01 Payment -1397.48 CK015308 0.00 11426 07/01/01 Billing 478.50 478.50 07/13/01 Payment -478.50 CK015518 0.00 11542 08/01/01 Billing 669.00 669.00 08/24/01 Payment -669.00 CK015780.1 0.00 11622 09/01/01 Billing 828.10 828.10 09/17/01 Payment -828.10 CK015941 0.00 11733 10/O1/O1 Billing 199.04 199.04 11/16/01 Payment -199.04 CK016369.2 0.00 11821 11/Ol/Ol Billing 23.12 23.12 11/16/01 Payment -23.12 CK016369.4 0.00 Accounts Receivable Balance Forward TOTAL BALANCE DUE Aged Receivables: ----------------- Current 30-60 Days 61-90 Days ------------ --------- 4945.70 0.00 0.00 91-120 Days 0.00 0.00 $ 4945.70 Over 120 0.00 Project Billing Summary: ------------------------ Current Professional Services 4778.08 Reimbursable Expenses 167.62 Outside Services 0.00 Late Fees 0.00 Invoice Fees 0.00 Prior 5406.81 0.52 0.00 0.00 0.00 Total 10184.89 168.14 0.00 0.00 0.00 4945.70 5407.33 10353.03 / ~~ TIiF p ~~ Cit o Yelm y 105 Yelm Avenue West P.O. Boz 479 YELM Yelm, Washington 98597 wwsMUaaroN (360) 458-3244 Date: January 2, 2002 To: Mayor Rivas and City Council Members From: Tami Merriman, Planning Technician Re: Final Plat for Longmire Meadows, SUB-01-8296-YL Staff Recommendation Staff recommends the City Council approve the final plat for Longmire Meadows, SUB-01-8296-YL as forwarded by the Planning Commission. Background The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project on February 28, 2001. The project has been under construction for the last year and the applicant filed a completed application for final plat on November 16, 2001. Applicant: Carl D. Teitge Dev. Inc., and Robert A. Bussey Inv. Inc., (TEBO Ventures Illj Proposal: 23 Lot, Single Family Final Plat Approval for Longmire Meadows Subdivision Location: The project site is located at Solberg, Longmire, Coates, and Van Trump Streets, just west of Yelm Middle School. 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 December 17, 2001 meeting, the. Planning Commission reviewed the final plat and is satisfied that all conditions have been met. The Planning Commission unanimously voted to forward the final plat as conditioned below to the City Council for review and approval. Conditions of Approval Staff recommends the Planning Commission forward the final plat to the City Council for approval, provided: 1. All engineering and surveying fees for the final plat review are paid prior to City Council review. Completed -Paid 12/31/01 receipt #20885 2. The applicant provides the City with an executed Assigned Savings Account Agreement. The assigned savings account is required to complete requirements as discussed in No. 15 below. Completed. Original Conditions of Approval Sewer 1. Sewer ERU's are charged at the current rate of $4,850/ERU plus an inspection fee of $145.00/ERU payable at building permit issuance. The applicant shall be credited for the one existing connection. Sewer ERU's and inspection fees are paid at building permit issuance. The applicant shall be credited for one existing connection. 2. The S.T. E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. Completed. Water 3. An 8" PVC waterline extension will be required along Solberg. Van Trump will require an upgrade from the existing 4" AC line to an 8" PVC line. Completed. 4. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000/ERU (fee subject to change) inside city limits. One ERU would be charged to each residential building lot. The applicant shall be credited for the one existing connection. These fees are payable at building permit issuance. Water ERU's and inspection fees are paid at building permit issuance. The applicant shall be credited for one existing connection. 5. The Water Line improvements and connections shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. Completed. stormwater 6. The stormwater facility shall be landscaped in accordance with Chapter 17.84. Completed. The applicant landscaped the stormwater facilities, and planted more trees than required. 7. 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. 8. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. Completed. 9. 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. The 2 agreement shall clearly state what improvements are allowed within the easements, who's responsible for removal, replacement and/or repairs of any improvements within the easement. Completed. Transportation 10. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Longmire, Van Trump and Solberg shall be consistent with the section "Local Access Commercial". Frontage improvements for Coates shall be consistent with the section "Neighborhood Collector': Stevens Street has been vacated by a Yelm City Council action. Completed. 11. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new 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. TFC charges are payable at building permit issuance. 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 for review and approval. Completed. Open Space 14. The applicant shall pay a fee in-lieu-of providing on-site open space. The fee in-lieu- of is $6356.35 and is payable prior to final plat approval. Completed. Paid 11/02/01 COY Receipt # 20499 Landscaping 15. The applicant shall submit a final landscaping and irrigation plan for review and approval. Completed. The applicant has provided a Letter of Credit and Assignment for grass seeding the planter strips. Grass seeding was completed late in the season. The assigned savings allows for reseeding in the spring if necessary. 16. The applicant shall use Best Management Practices to protect trees identified for retention. Construction fencing shall be placed around trees no closer than the trees drip line. Completed. Environmental 17. The applicant shall comply with the mitigation of the MDNS issued on December 18, 2000. Completed. The applicant has recorded a mitigation agreement with Yelm Community Schools. Property Addresses Prior to submission of final plat application, the applicant will provide the Building Department with a plat map for addressing. Completed. General Public Works 18. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. All lighting design will be submitted to Puget Sound Energy for review and approval. Completed. 19. The applicant shall submit a grading plan for review and approval prior to any on- site grading. Completed. 20. The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater-Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of materials containing asbestos and/or lead paint. Completed. 21. The applicant shall submit a demolition plan to the City for all structures on the project site. OAPCA review must be complete prior to application with the city for a demolition permit. Completed. 4 ~8 ,~,,,~~y~~ CITY OF YELM P.O. Box 479 Yefm, WA 98597 `ELM 360-458-8403 RECEIVED ~i~~J RECEIPT No. ****SEVEN HUNDRED NINETY FIVE DOLLARS & 00 CENTS RECENED FROM DATE REC. NO. AMOUNT ROBERT BUSSEY/TEBO VENTURESIII 12/31/01. 20885 795.00 CHECK 157 LEMIEU% LANE TENINO WA 98589 360-264-6355 LONGMIRE MEADOWS MISCELLANEOUS RECEIPT ~ GRETCHEN REF. NO. 1686 COMMUNITY DEVELOPMENT REC# CDD-01-037 ENG REV FEES I'AI D ~ S d~ DEC 3 1 2001 „~~ rHag"~ City of Yelm CIT}(OF YELMinvoice No. clan-o:-o3~ Community Development Department 1NVOICF -~ Customer ROBERT BUSSEY/TEBO VENTURES III 157 LEMlEUX LANE _ TENINO State WA ZIP 98589 Name Address City Phone Date 12/24/01 Order No. SUB-00-8265-YL Rep Longmire Mdws FOB p _ _ Description Unit Price TOTAL _ _ Engineering Fees $53.00 $424• 8 Inspection Hours $53.00 $106.00 2 Comespondertce Hours- $53.00 $265.00 5 Final Plat SubTotal $795.00 t Details Shipping 8~ Handling P $0.00 aymen Taxes W A ~ Cash ,Q) Check TOTAL $795.00 O ~~ ~'~l O o Office Use Only City of Yelm Community Development Department P.O. Box 479 Ye1m, WA 98597 (360} 458-3835 fax (360} 458-3835 _ THANK YOU . rec ~ r .54~ Ye a Community Schools District No. 2 p, O. $ox 476 Yelm, W A 98597 Attn: Erling M. Birkiand MTI'IGA'TION AGREEMENT Reference No: City of Yelm, Caae # SS-00-8265-YL Grantor: 1. TEBO Ve,ntute III, 157 Lemieux Lane, 'I"enino, WA 98589 "LonQntire Meadows" Grantee: 1. Yelm Community S~l,ools District No. 2 Legal Description: SW1/4 of NW1/4 of Sec. 19, T17N, R2E, WM Asseseor's Pro 22719231 03 Cal 1\icttnberlAccoutlt Number: 22719231100, 22719231101, 227!9231102, ~ 1 ,~ THIS MITIGATION AGREBMPNT ("A ceemant") is made this ~ of .~.?.c'PNtrSf 2000, SCFi00LS 1~1S7R1CT NO. 2, Yelrn, vVashington (the "District") between the YELM COMMUNTTI' end 1'EBO Venture III (the 'Developer")• p. The Developer has submitted an aB~ on to 'j'lturston CotintyW~h~(thco' Pro act ) of a 23 lot subdivision ALoong Bret Me~ES within Di~.stri~t boundaries more p~artieulttrly described on The Project is located o pr p y reference. E~chibit A, attached hereto ead incorporated hctein by B. The Stat 5 whereb mmajor a~t ens by stateopand local Agent e , (including, but snot processes and procedure Y limited to, plat or PUD appr uaim rachteon6 tbecen~irontnentg I pactib oti public tscrvices, dtneluding the nature and extent of the P osea of SBPA. SEPA requires` the mitigation of echoola, are environmental impacts for the pip adverse environmental impacts. wth ro cctions indicate that the project will C. The District's student population and gro have en impact on the District, when cumulative impacts of of er projects are eoncid c cdrttent with the D. RC'W 82.02.020 authorizes the District to enter into a voluntary eg Developer for payment to u,itigate the impact of the Developer's Project. E. p„rsuanf to Reso1 went be volunta9l)°mitigetedeby the payment lof fees and/o~ot} ~d that the direct impact of de Clop . mitigation measures where appropr,ate. basis, the adverse impact of the F The Developer has ngtcul to mitigate, on a voluntsuy project on the District. IIII~IINIP~IiuN~I~III~II~~hV~~N'=° ~°~~a~~~ at~~tF~tv~r NOW, THF-BEFORE, in coneicteration of rho above recitals and the mutual prornisos and covenants be]ow, the District and the Developer agree as follows: 1. The Dtveloper uknowledges and agrees that there is a duect impact on the District as a result of the Developer's Project and that thin Agreement is necessary as a. result of that impact. Z. The Developer acknowledges and a yeas that in order to mitigate the duect impact of the Project, the Devoloper hos offered to pay the f~istrict the following sum of mosey: Six hundred fifty Dollars (Eb30.00) for each lot In the subdivision or the total sum of Fourteen Thousand Nine Hundred Fifty dollars (St4,950.(X)) (the "Miti anon Paytncnt") for rho z3 lots of the subdivision. 3. Any extension, rtnawal, modification or amendment to the Project that results in an adjustment in the number of iota 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 six hundred fifty dollars (S6S0.00) per lot or Fourteen Thousand Nine Hundred Fifty dollars (514,950.00) for the pro~ect, shall be a condition of building permit issuance and shall be made prior to or at the time of bu' ding parrot issuance for conBtructton on a lot. Should the Developer sell portions of the development to contractors or ether individuals, the Developer will be responsible for notifying the buyer of this mitigation agrument and will notify the District of the sale, providing the Warne and address of the new buyer. 5. The District agrees to record tbie Agreement after it has been executed by tht parties. 6. The Developer acknowledges artd egrets that the Mitigation Payment is authorised to be used for capital improvements to the following facilities: Southwotth Elementary School, Mill Pond Incermodiate School, Yolm Middl• School, and/or Yalm Ifigh School and/or any other facilities that may be affected by the Project and/or rho purchase of ponab a facilities and/or school buses. 7. The Developer agrees that the Dtstnct has five (S) years from the payment date to spend the Mitigation Payment for the ca ital improvements or expendituros described in paragraph 6. In the event tbat the Mttigatioa ~aytrient is sot expendod within those fivo years, the monoys will be refunded with interest at the rate applied to judetnents to the property owners of record at the time of rofund; however, if the Mitigation Payment is not expended within five years due to delay which ie attributable to the Developer, rho Fayrnsnt shall be refunded without interest. $, The Developer waives and relinquishes its nght to protest or challenge the payment of the Mitigation Payment pursuant to this Agrt:inent and hereby coveaartts and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, c1ai11t, or ehellenge or proceeding to challenge this Agroemtnt, clone 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 say objection to the Project as presently proposed. 10. ?he District end the Developer agree that the Mitigation Payment will be full and complete trutigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the bcncftt of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costa and reasonable attorneys' fees. 13. This Agreement co09tiaites rite entire aQroement bttwccn the parties and any other agreement either written or oral shall be null and void. iui~~~l~ull'dI~I~II~N~INWIIgIN~NII ~=a';~~~~awa LEGAL DESCRI1sT10N Goner2l Location L.s21]YIP.1itt.~.L.~C.~Y11IlA.--1~~' Section jQ Towt~ship,j,~ Runge 2l3 Land Area I~ Tax Parcel Number: 22719231100, Ol, 02, 03 YP.LM COMMUNITY SCHOOLS DISTRICT N0. 2 ~r~ DATED: t t ..,_~,~.. , a 0 ~ ~ ~ _ - "```"'''""''''~~~WWVV// ~~~''~~~"~~~~~~~ $y: Alan Burke Its Superintendent STATE OF WASHINGTON jSS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged [hat hew 6 d ed it asg ha a5upen ntendent1eof~th Yelm authorized to execute the instrument and ackno B rY p for the uses and Community Schools District No. 2 to bn the free and volunta act of such arty rtrr~oses mentioned in the instrument. ,,S da of ~" 2000 . .O,IVFTt wader my hand and official seal this Y ' -°;~~A~ti„~ ~ ''o ~' N TA Y P .IC and f rye St '~ ~, ' -~~ ~ ~ ~~ P ~ Washington, aiding a ?G;,?o ~`'U7~~t ,. -~ -_ i,1y Commission Axpires: ~!~ _ V ~ ~ r • . ~.~lflt ~ iL~ ISA'fEDY:_ ~ y: R bent A. I3ussay Its ,~°1N~-'! c~ -- STATE OF WASHINGTON )SS COtTNT1' OF TfiURSTUN ) I certify that I kIIOw.,Qr have satisfactory evidence that Robert A. Bussey is the person wbo appeared be ore Q~t,~ d'A~, gFson acknowledged that he signed this instrument. on oath stated that he was a~t~p w e~ .~~~e~nstlumtnt and acknowledged it as the applicant for this subdivision to be+tltl'''f'rde ,d~~~d~of such pity for the us~~~nd pa t of ~ h n e 200omcnt. ~rgiy,,hhart¢..e~i8 ;gffictal seal this ~~ d Y - , ~ ~'~ *-~" ~~ ", = m ._ r '''.: NOTARY-P~~UB`-L C in an f~~a,S~ate of „ram-='.,.` <:1i'~t- ,,.1,~ _,:.:- Nashington, residing at .~;:':,,-. %..~~= a~,4':~ My Comrzussion Expiros: _'" _ ,~.~~ •_%. . r• ~ ..yam',.>' •11~,,~2t~I~~ t,.~~:• ~ ^ rf .r IIN~I~I'~~IdIN~I~II~N~INIII~~ °.~»aa~,„m STATE of `WASHINGTON I, SAM 12EED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION A Washington Non-Profit Corporation. Articles of Incorporation were filed for record in this office on the date indicated below UBI Number: 602 166 889 ~,.'~ .-* :, ~, d <y~~ ,J ~~ ~_~ ~L Date: December 12, 2001 Given under m y Hand and tl~ie Seal of the State of Washington nt Olympia, the State Capital S~~n~ Recd, ti,~rretnry of Sinte y _ 1889 FIiEI SECRETARY OF S7.ATE /~ _ Arz~rrCLES of rNCORPORA~r~roN DEC 1 2 2001 l0~ ~ j ~ ~ ~ ~ ~ ~ STATE OF WASHINGTON OF LONGMIRE MEADOWS 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 Longmire Meadows Homeowners Association, hereafter called the "Association." ARTICLE II The principal office of the Association is located at l 110 Fryar Avenue, Suite C, Sumner, Washington 98390. ARTICLE 111 Barry Brodniak, whose address is l 110 Fryar Avenue, Suite C, Sumner, Washington 98390, 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 property 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 ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 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; (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; (c) acquire (by gift, purchase or otherwise), 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 oftwo-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, agreein r to such dedication, sale or transfer; ~~ gl.~~Sc~-~.rr"tev `~"r~~a~6zrz~st- ~~e. t~SS ~~"S ~~ T!t-~ C-~~~ ~ b= t.Q~Ge~ (FJ have and to exercise any and all powers, rights and privileges whic{h a corporation organized under the Non-Prof t 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 Longmire Meadows Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or Longmire Meadows 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 Longmire Meadows Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Longmire Meadows Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full. design capacity of the drainage system. The City of Yelm will bill the 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 the Longmire Meadows 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 Longmire Meadows Homeowners Association. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 ARTICLE V MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in 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 R[GHTS The Association shall have two classes of voting membership: Class A Class A Members shall be all [,ot Owners, with the exception of the Declarant, and shall he entitled to one vote for each L,ot. 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. 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 3 ] , 2006. ARTICLE VII BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of three (3) Directors, who 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 capacity of Directors until the selection of the successors are: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 NAME ADDRESS Barry E3rodniak I 1 10 rryar Ave., Suite C Sumner, Washington 98390 Carl D. T'eitge 8I I N Stadium Way '!'aroma, Washington 98403 Robert A. Bussey 157 Lemieux Lane Tenino, Washington 98589 At the first annual meeting the Members shall elect one Director for a term of one year, one Director for a term of two years and one Director for a term of three years; and at each annual meeting thereafter the Members shall elect ene Director for a term of three years for each Director whose term of office expires at such time. ARTICLE VIII DURATION The corporation shall exist perpetually. ARTICLE IX t1MENUMEN'I'S Amendment of these Article shall require the assent of seventy-five percent (75%) of the entire membership, ARTICLE X i+IIA/VA APPROVAI. As long as there is Class B mernhership, the following actions will require the prior approval of the Federal Housing Administration or the Veteran's Administration: annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dissolution and _ amendment of these Articles. ARTICLES OF INCORPORATION LONGMIRE MEADOWS 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 ~~,~~~ r, , 2001. CARL D. TEITGE .,La9~oa~~~~ STATE OF WASHINGTON) ..c-~~ ~~ `.~~ ) Ss. COUNTY OF PIERCE ) ~ ~~~ THIS IS TO CERTIFY that on this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned, sworn and qualified, personally appeared CARL D. TEITGE, 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. NOTARY PUBLIC in and for the State of Washington, residing at _ My Commission Expires: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 CONSENT TO SERVE AS REGISTERED AGENT I, BARRY BRODNIAK, hereby consent to serve as Registered Agent in the State of Washington, for the following corporation: Longmire Meadows 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 of any changes in the registered office address of the corporation for which I am agent. DATED this ~ day of December, 2001. ~. BARRY ODNIA`K 1110 Fryar Avenue, Suite C Sumner, WA 98390 0.97318624 Office Address BY-LAW S of LONGMIItE MEADOWS HOMEOWNERS ASSOCIATION ARTICLE I The name of the corporation is Longmire Meadows Homeowners Association, hereinafter referred to as the "Association." The principal office of the corporation shall be located at 1110 Fryar Avenue, Suite C, Sumner, Washington 98390 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 Longmire Meadows 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 Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc., its 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 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. 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 may be 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.-Proxies. 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 l.-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 (I) Director BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 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 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 l .-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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 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. 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 l .-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 record 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 4 their duties are properly performed; (c) appoint an Architectural Control Committee; (d) as more fully provided in the Declaration, to; (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; (e) 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 maybe made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (f) procure and maintain adequate liability and hazard insurance on property owned by the Association; (g) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (h) 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 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. 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) Secretary: 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 6 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. 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 maybe 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. BY-LAWS LONGMIRE MEADOWS HOMEOWNERS A~SSOCIRTION - 7 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. 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 those By- Laws, the Declaration shall control. CARL D. TEIT~E 1~ 1,Z Z~~ PRESIDENT Bit ~ . ~~~~u~ w BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 8 ~ ~ C ~ `~ 2001 ~~ MEMORANDUM Date: December 6, 2001 To: City of Yelm Attention: Cathie Carlson From: Nancy Richards Subject: LONGMIRE MEADOWS ^ 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, frill-size blueline map required. ^ Please inform the applicant that deed(s) will need to be recorded between parties for portions} 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) 786-410. ^ Please inform the applicant that taxes must be current. There are delinquent taxes on Parcel # ® Other: Will need deed to Homeowners Association for Tract A Thank you. December 6, 2001 Mr. Carl Teitge 811 N Stadium Way Tacoma, WA 98403 Mr. Robert Bussey 157 Lemieux Lane Tenino, WA 98589 Re: Comments for Longmire Meadotivs Final Plat Application -SUB-01-8296-YL Dear Mr. Teitge and Mr. Bussey: The City has completed its initial review for the above referenced plat. There are a few items that need revisions. 1. The Bill of Sale for utilities must be signed and notarized. Please submit signed and notarized Biil of Sale for the Stormwater, Water, and S.T.E.P. System Improvements. I have included a Bill of Sale for your use. 2. Please submit signed and notarized warranty agreement. 3. Please provide a Letter of Credit and Assigned Savings (form enclosed) for one and one-half times the costs of landscaping requirement of seeding the . ~ planter strips in the right of way. The strips have been seeded, but due to the time of year, the seeding may not establish and grow in the coming year. The amount to be used shall be $1,000.00. 4. Survey corrections have been returned to the project Surveyor. Please have corrections made on the final Mylar Map. 5. Lot Closures do not require any corrections. 6. Along with plat survey corrections, please change the dates on the signature lines of the plat to reflect "2002". 7. On Plat, please change address on Tract A to be 314. City of Yelm BILL OF SALE THIS BILL OF SALE is made and executed this day of , 20 , by and between Carl D. Teitge, Teitge Development Inc., and Robert A. Bussey, Robert A. Bussey Investments, Inc., hereinafter called the grantor(s), and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: All storm sewer lines and apputenances, sanitary sewer lines, S.T.E.P. sewer system, water lines and related appurtenances lying within dedicated public rights of ways for the plat of Longnure Meadows, City of Yelm's Plat No. SUB-01-8296-YL. The grantor(s) hereby warrants that he/she/they are the sole owner(s) of all the property above conveyed, he/she/they 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. Dated at Yelm, Washington, this day of , 20 Carl D. Teige, President Carl D. Teige Development Inc. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) Robert A. Bussey, President Robert A. Bussey Investments Inc. On this day and year written above personally appeared before me and known to be the individual(s) described, and who executed the foregoing instrument 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. Given under my hand and official seal this day of , 20. Notary Public in and for the State of Washington, residing in System accepted this day of , 20 City of Yelm By: Development Review Engineer BILL OF SALE LONGMIRE MEADOWS Carl D. Teitge Development Inc. and Robert A. Bussey Investments Inc. are the owners of all new sewer, water, road and stormwater improvements in the City of Yelm existing right of ways and in the easements that serve the Plat of Longmire Meadows. In consideration of the City of Yelm accepting the final Plat of Longmire Meadows with City utilities and accepting the Final Plat of Longmire Meadows the owners sell, convey and otherwise transfer all of these impro~rements to the City of Yelm. Dated this Day of November, 2001, Carl D. Teitge President of Carl D. Teitge Development Inc. Robert A. Bussey President of Robert A. Bussey Investments Inc. WARRAI~ITY AGREEl~~1ENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc. (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, {hereinafter referred to as the "City" for the approval by the City of a certain plat of a subdivision to be known as Longmire Meadows, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, allies and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary ire the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specif cations hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW THEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and-with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of f nal plat approval, tl~e improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall he liable to pa_y to and indemnify t}~e City, upon completion of such corlstnrction, the final total cost to the City, including but riot limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. CARL D. TEITGE President and Secretary of Carl D. Teitge Development, Inc. ROBERT A. BUSSEY President and Secretary of Robert A. Bussey Investments, inc. STATE OF WASHINGTON ) )ss. ; COUNTY OF THURSTON ) ~~'~ On this day of , 200 ,before me, the undersigned, a Notary Public in and for the State of Washin ton, d y commissioned. and sworn, personally appeared Carl D. Teitge and Robert ssey, to me known to be the President and Secretary, respectively, of CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instniment to be tl~e free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: NOTARY PUBLIC in and for the State of Washington, residing at Tvly commission expires: _ SKILLINGS CONNOLLY November 26, 2001 01007 a_ _,~.<. Cathie Carlson City of Yelm PO Box 479 Yelm, WA 98597 N 0 V 2 ~ 200i ~~: RE: Longmire Meadows review comments Dear Cathie: As you requested, we have reviewed the plat submitted for this subdivision and have the following comments: The following comment relates to sheet 1: The legal description for Parcel A has a bad bearing call: "...THENCE NORTH 52°04' WEST AT RIGHT ANGLES TO VAN TRUMP STREET..." this should read: "...THENCE NORTH 37°56' EAST AT RIGHT ANGLES TO VAN TRUMP STREET...". This wording appears in the subdivision guarantee and in the deed to the developer from the previous owner. The surveyor should (and may have) investigate whether this wording has always been used to describe this parcel or was it changed sometime in the past. The following comments relate to sheet 2: 1. In order to follow the legal description without reference to another map please show the underlying vacated Stevens Street as fine dashed lines. Also show the southwest corner of Block 1 Solberg's First Addition and the most northerly corner of Solberg's First Addition. 2. Need a 3" margin on the left side. 3. City Municipal Code requires a minimum lettering height of 3132". Most of the text on sheet 2 does not comply with this requirement. 4. The legend indicates that 5 monuments were set but 3 of these monuments have notes that are contrary to this. Please clarify either the legend or the notes so that it is clear what was found, set or replaced. CIVIL • TRANSPORTATION • ENVIRONMENTAL • CONSTRUCTION FO Box 5080 Locay, Washingion 98509-5080 3b0-491-3399 1-800-454-7545 fax 3b0-491-3857 E-mall ski111ngsQsklllings.com www.skilHngs.com LETTER OF CREDIT AND ASSIGNMENT This letter of Credit and Ass ~munent is made pursuant to the provisions of Section 16.20.030 and 16.20.040 of the Yehn Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in the Agreement attached hereto and made a part hereof. The undersigned does hereby assign, transfer, and set over unto City of Yehn, all rights, title, and interest in and to Savings Account No, in the name of in with full power and authority to demand, collect, and receive said deposit for the use and purpose of completing the required improvements and repairs described in said Agreement not completed by - pursuant to said agreement. It is understood and agreed that Holds the certificate covering said account in its possession and agrees to hold the sum of $ 1.000.00 therein until release or partial release of this Assignment is received from the City of Yelm pursuant to the terms of the attached Agreement, or demand made by the City of Yelm pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions of said attached Agreement. DATED this day of . 20 Developer ATTEST: BY: Secretary The undersigned hereby confirms the deposit of $ in Savings Account No. in accordance with the terms set forth herein and agrees to administer said account as provided herein above until all such funds are released by the City of Yelm. ATTEST: Financial Institution BY: TITLE: AFTER RECORDING RETURN T0: CARL D. TEITCTE 811 N Stadium Way Tacoma, WA 98403 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS LEGAL DESCRII'TION: NW'/4 , Sec.19, T17N, R2E, W.M. ASSESSOR'S TAXPARCEL NO.: 22719231600 & 22719230900 ;,,~..~' ~-~ THIS DECLARATION IS MADE THIS DAY OF ,/2001, CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVEST NTS, INC., Washington corporations, 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 23, and the common areas of Longmire Meadows, as recorded ~~~~~~ ,~' in the office of the Thurston County Auditor on day of /2001`~,under Thurston County ~__~ Auditor's Fee ~ (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. 11 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 run with the real property and shall be binding on all parties having 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. A;FLTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Longmire Meadows, a wVashington non- profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, 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 subdi~~ision map of the Properties «-ith the exception of the Common ,Areas. Section 6. "Declarant" shall mean and refer to Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc., its successors or assigns who should acquire more than one undeveloped Lot from the Declarants for the purpose of development. ARTICLE II PROPERTY SUBJECT TO TffiS 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 foLows: Lots 1 through 23, and all of Tracts A and B and the private streets inclusive, as contained on the Plat of Longmire Meadows per that certain ,recorded in the office of the Thurston County Auditor on day of 200 'under Thurston County Auditor's Fee # .All of which property shall hereinafter be referred to as the "property" or "properties". ~, L Legal description attached as Exhibit A. ARTICLE ffi GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Property. 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 4 herein, are allowed. Section 2. Business and Commercial Use of Propertv Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said acti~~ty be in compliance with the City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same may be conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a matter (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential construction as described in Section 1, nor shall any thing be done on any residential lot which maybe or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be pernutted on any street, sidewalk or other public area. Section 3. Automobiles. Boats, Trucks, Trailers. Recreational Vehicles. The streets within the plat shall not be used for over night parking of any vehicles 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 forty-eight (48) hours 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 a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 4. Residential Use of Temporary Structures Prohibited. IVTo 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 5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or n 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 6. 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 7. Building Setback No building or detached structure (with the exception offences as described in Section 8 of this document) shall be located on any residential lot nearer to the front `line than the mid point of the house, nor nearer than ten (10) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet 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 chain link fences are allowed except black chain link and poles and in the rear yards only. 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 l 4 and 1 ~ where necessary. Section 9. Easements. Easements for utilities, drainage, and access are reserved as delineated on the recorded plat map. If the storm conve a~nce 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 chance 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 10. Signs. 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 maybe displayed from 30 days prior to any election or primary election day and 30 days following election or primary election day. Section 11. Oil and Minin~perations. 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, tunnels, mineral excavations or shafts be permitted 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 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and sit (6) feet above the roadways shall be placed or pern~itted 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 (2~) 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 14. 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, 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 condition. Section 15. 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 none-story dwelling, nor less than 750 square feet for a dwelling of more than one story. Section 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. No siding shall be diagonal. All metal fireplace chimneys shall be wrapped in either wood or stone. The entire house must be painted or stained approved colors. The colors shall be consistent with and in general conformity to the remainder of the neighborhood. The idea is that colors that are very bright, provocative or draw the attention of persons looking at the houses in the subdivision plat to those with si~,nificant color variation should be avoided. Color schemes will be selected to pro~~de a homogenous nature and neutral look to the homes. The ori~~inal house colors shall be approved by Northwest Housing Development. An owner wishing to chance the house colors from tine original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the ne~y colors shall not be allowed. Approval of changes in colors shall not be unreasonably withheld. Section 18. 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 19. 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 20. Landscaping. The builder shall install or have installed prior to the occupancy of any home, landscaping of the front and at least one half way through the side yards. The front yards shall be grass to the gravel parlflng strip {if one is desired) next to the street 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 21. O e ace. Open ce Tracts shall be dedicated to a Homeowners Association, and the Homeowners Association shall be responsible for maintaining the and.~intair~ing_the Stormwater Drainage Facilities and the access within the plat. Section 22. 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 every Lot, subject to the following provisions; {a) The right of the Association to 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 si`.;ned by t~vo-thirds (2/3) of each class of members has been recorded. Section 23. Delegation of Use. Any owner may delegate, in accordance with the By-La~vs, 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. A~2TICLE 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 o~med. 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, 2005. Section 4. FHA/VA Approval. 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 COVEN.a:VT FOR I~LaItiTENANCE ASSESSI~~IENTS Section 1. Creation of the lien and Personal Obligation for Assessments. The Declarant, a 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 Common Areas, including the maintenance of Stormwater Facilities, landscaping and access road for the payment of reasonable costs to the association for insurance, accounting or legal fees. Section 3. Maximum Annual Assessment. Until December 31, 2004, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per lot. (a) From and after December 3 1, 2004, the maximum annual assessment maybe 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 Capita( Improvements. In addition to the annual assessments authorized above, the .Association may levy, in any assessment year, a special assessment in 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 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 a uniform rate for all Lots and maybe 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, 1 1 and for a reasonable charge, furnish a certificate sued 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 rts 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 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 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 liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which 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 iv1~AINTENANCE OF L~„TILITIES, DRAINAGE FACILITIES A'~ D (~~Exc~ C~-----~ ~' Section 1. Maintenance Covenant. Easements are hereby granted for the installation, ~, ..,.% ~t inspection, and maintenance of utilities, access road, drainage facilities a o n s , ce as delineated on the plat of LonQmire Meadows, 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 storm drainage facilities, including all expenses shall be paid by the Homeowners Association. In the event the Homeowners Association, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Homeowners Association or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Homeowners Association or successors agree to the following remedy: After thirty (30) days notice by registered mail to the Homeowners 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 bylaw 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 Longmire Meadows 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) In consideration of conveyance of Tract(s) to the Homeowners Association. the Homeowners Association hereby covenants and agrees to maintain in good order and repair the storm water facilities and streets, located in desi;Tnated tracts 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 ~~ „~ ~; ^ ~~. " 1 Yelm the facilities are not maintained to the cot unty j ~andards, a fee maybe 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 Homeowners Association or repairs can be done by the members, as long as work meets with City of Yehn standards. (b) All storm water runofffrom rooftops shall be handled to retain all runoffon- site as per the City of Yelm standards in place at the time of home construction. Section 3. Maintenance Schedule. Maintenance schedule for drainage system °7 components and streets shall be completed as outlined m Exhibit A. Section 4. The Longmire Meadows Homeowners Association shall provide the storm drainage and street 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 "Exhibit A. ,i ARTICLE VII No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the .Association, or by an .Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designed Committee, fails to approve or disapprove such desi;_=n and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not he reg4lij~t~ end this .Article will be deemed ~~ to have been fully complied with. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, Lomm~ire Meadows 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 {Longmire Meadows 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 Longmire Meadows 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, Lon~;mire L~teadows Homeowners Association, their i~ 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 sued by not less than the owners of seventy-five percent (7~%) of the lots. Amendments shall take effect when they have been recorded with the Auditor of the Thurston County. ~ ~, IN WITNESS WHEREOF, the undersigned, being the Decl ,herein, has hereunto set its hand and seal this _ day of 001. ~~,, i ~,; CARL D. TEITGE President and Secretary of Carl D. Teitge Development, Inc. ROBERT A. BUSSEY President and Secretary of Robert A. Bussey Investments, inc. STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) a On this day of 001 efore me, the undersigned, a Notary Public in and for the State of Washington, duly commiss ed and sworn, personally appeared Carl D. Teitge and Robert A. Bussey, to me known to be the President and Secretary, respectively, of `CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: NOTARY PUBLIC in and for the State of `~'ashin~ton, residing at My commission expires: 1 _, r-, j /` ~ ' ~ tip;, FxhibitA ~ ~~~ ~, ,, ~,,a In Thurston County, Washington. ~ _' ~~'~~' , `r , 1 ~~v ,i t ~~y;t !` ~ `ii `-ti-' `~ PARCEL A: Block 15 of unrecorded Solberg's Second Addition to Yelr1~, described as follows: Beginning at intersection of Westerly line of Solberg St. with Northerly line of Van Trump St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Ye1m; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Soutf~erly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37° 5ti' East 170 feet fr~rn flit. most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Flats, page 31; running thence North 52° 04' West 200 feet; thence Nortf~ 37° 5G' East 250 feet to tl~e Southwesterly line of Coates Street; thence Soutli 52° 04' East along said Southwesterly line of Coates Street 200 feet; th~ncc South 37° 5G' West ?.50 feet to the point of beginning. Together with vacated Stevens Street from the center line that abutted Parcel A and Parcel B. >~v-I.,AWs ~r LONG~IiRE 11~IEADO~VS II01ti1E0`~'NERS ASSOCIATION ARTICLE I The name of the corporation is I_,ongmire Meadows Homeowners Association, hereinafter referred to as the "Association." The principal office of the corporation shall be located at 1110 Fryar Avenue, Suite C, Sumner, Washington 98390 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 Longmire Meadows 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 blot of land shown upon any recorded subdivision map of the properties with the exception of t}~e Common Areas. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of t1~e fee simple title to any Lot w}~ich is part of t}ie Properties, including contact purchasers, btrt excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, tnc., its successors and assi~,ns, 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 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. ARTICLE III MEETING OF NIENIBERS Section 1.-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 beheld 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 may be 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.-Proxies. 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 8i TERI\'I OF OFFICE Section l .-Number. The affairs of this Association shall be managed by a Board of three (3) Directors, ~vho are Nlernbers 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 (1) Director for a term of two (2) years and one (1) Director BY-LAWS LONGM(RE MEADOWS HOMEOWNERS ASSOCIATION - 2 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 of death, resignation or removal of a Director, his successors shall be selected by tl~e 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 1~9eetin~ 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 maybe 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 eac11 vacancy, as many votes as they are entitled to exercise under the provision of the Declaration. The persons receiving tine largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE Vl NIEE'('ING OF U1REC1'ORS Section l .-Re<_'ular ~leetin~~s. Regular meetings of the Board of Directors shall be held every other month wit}tout notice, at such place and hour as may be fixed from time to tune by resolution of the board. Should said meetin~~ fall upon a legal holiday. then that meeting shall be held at the BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 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. Section 3.-Quorum. A majority of the number of Directors shall constitute a gr.ronrm for the transaction of business. Every act or decision done or made by a majority of tl~e 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 l .-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 rigi~ts 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- I:aws, 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__i~uties. It shall be the duty of the Board of Directors to: (a) to keep a complete record of all its acts and corporate affairs and to present a statement thereof to the ~'~iembers 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 4 their duties are properly performed; (c) appoint an Architect~rral Control Committee; (d) as more fully provided in the Declaration, to; (I) fix tl~e amount of the annual assessment against eac}i 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; (e) 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 maybe 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; (~ procure and maintain adequate liability and hazard insurance on property owned by the Association; (g) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (h) cause the Common Areas to be maintained. ARTICLE VIII orrlc>N:RS AND TIlE1R DtJT1ES 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 tf~e Board may, fi-orn 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 l~lembers. Section 3.-Term. The officers of this Association shall be elected annually by the Board and BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 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 effect 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 tune to time, determine. 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 Collows: (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 Treas~rrer, the Vice- President may co-sign with the President, documents necessary to be signed by the Treasurer. (c) Secretary: The Secretary shall record the votes and keep the 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 1~9embers of the Association together tivith their addresses, and shall perform suc1~ other duties as required by t}~e Board. (d) Treasurer: "l~he 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 si~,n all checks and promissory notes and other debt documents to maintain tl~e financial status of the Association.; keep proper books of account; cause an annual audit of the BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 6 Association books at the completion of each fiscal year, and shall prepare an annual budget and a statement of income a.nd expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to tl~e Members and s}~all 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. f1RTICLE IX COiVIIYIITTEES 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 maybe 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 (1 Z) percent per annum, and the Association ma_y 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. BY-LAWS LONGMrRE MEADOWS HOMEOWNERS ASSOCIATION - 7 ARTICLE XII CORI'ORA'I'E 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. AR'I'IC:LE XIV AMENDMCN"I'S 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. CARL D. TEITGE PRESIDENT BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 8 ~7 ~ `` ^,C~G~'J t:~` ` ARTICLES OF INCORPORATION OF LONGIVIIRE MEADOWS 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. ARTICi_.T+, I The name of the corporation is Longmire Meadows Homeowners Association, hereafter called the "Association." ARTICLE II The principal office of the Association is located at 11 l 0 Fryar Avenue, Suite C, Sumner, Washington 98390. ARTICLE III Barry Brodniak, whose address is l 1 l0 Fryar Avenue, Suite C, Sumner, Washington 98390, 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 property 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 fort}~ in that certain l7eclaration of Covenants, Conditions ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 and Restrictions, hereinafter called tl~e "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 maybe amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (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; (c) acquire (by gift, purchase or otherwise), 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 oftwo-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; (~ have and to exercise any acrd all powers, rights and privileges which a corporation organized under t}ie Non-Profit Corporation .Law of the State of Washington by law now or hereafter rrray have or exercise. (g) In the event Project Proponent, successors or the Longmire Meadows Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or Longmire Meadows 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 Longmire Meadows Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Longmire Meadows Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the 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 oFYelm will place a lien on the property and/or on lots in the Longmire Meadows 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 Longmire Meadows Homeowners fssociation. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 ARTICLE V IVIEIVIBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in 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 VOT[NG RIGHTS The Association shall have two classes of voting membership: Class A Class A Members s}rall be all i,ot Owners, with the exception of t}re Declarant, and shall he entitled to one vote for each Lot. When mare than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot s}rall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B The Class B Member shall be the Declarant (as defined 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, r~vhichever occurs earlier; (a) wren the total votes outstanding in the Class A member-ship equal the total votes outstanding in the Class B membership; or (b) on December 3 ] , 2006. ARTICLE V11 [30ARD Or DIRF,C'TORS The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be IVlernbers of the Association. The number of Directors may be changed by amendment of the By-Laws of tl~e Association. T}ie names and t1~e addresses of the persons who are to act in tl~e capacity of Directors until the selection of t}~e successors are: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 NAiL1E ADORES S Barry Brodniak 11 10 Fryar Ave., Suite C Sumner, Washington 98390 Carl D. Teitge 81 d N Stadium Way Tacoma, Washington 98?03 Robert A. Bussey l 5? Lemieux Lane Tenino, Washington 98589 At the first annual meeting the 1\rlembers shall elect one Director for a term of one year, one Director for a term of two years and one Director for a term of three years; and at each annual meeting thereafter tl~e Members shall elect one Director for a term of three years for each Director whose term of office expires at such time. ARTICLE VII[ D U R.~~TION The corporation shall exist perpetually. ARTICLE [X Alvt E1V D NI C 1~TS Amendment of these Article shall require the assent of seventy-five percent (75%) of the entire membership. ARTICLE X ~r[[A/VA APPROVAL As long as there is Class B membership, the folloi~~ing actions will require the prior a{~proval of the Federal Nousir3g Adminis±ration or the Veteran's Administration: annexa±ion of additional properties, mer•aers and consolidations, mortgagin`; of Common Area, dissolution and amendment of these Articles. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HO/v1EOWNERS 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 Associat' nom, have executed these Articles of Incorporation this .___ _____ day of ___ -- ~--- .~2~)/ CARL D. TEITGE STATE OF WASHINGTON ) 5S. COUNTY OF PIERCE ) ~- THIS 1S TO CERTIFY that on this da of ~~ ~, Y /, 200 `, efore me, the undersigned, a Notary Public in and for the State of Washington, duly c missioned, sworn and qualified, personally appeared CARL D. TEITGE, 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 a.ct and deed, for the uses and purposes therein mentioned. WITNF,SS MY HAND AND OFFICIAL SEAL the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 CONSENT TO SERVE AS REGISTERED AGENT I, BARRY BRODNIAK, hereby consent to serve as Registered Agent in the State of Washington, for the following corporation: LONGIVIIRE MEADOWS HOIVIEOLVNERS 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 of any changes.in the registered office address of the corporation for which 1 am agent. ~~i ,, DATED this day of , 2001~i~ ~~' BARRY BRODNIAK 1110 Fryar Avenue, Suite C Sumner, WA 98390 Office Address w~F TEA Cit o Yelm y 105 Yelm Avenue West P.O. Box 479 LM N Yelm, Washington 98597 (360) 458-3244 December 6, 2001 Mr. Carl Teitge 811 N Stadium Way Tacoma, WA 98403 Mr. Robert Bussey 157 Lemieux Lane Tenino, WA 98589 Re: Comments for Longmire Meadows Final Plat Application -SUB-01-8296-YL Dear Mr. Teitge and Mr. Bussey: The City has completed its initial review for the above referenced plat. There are a few items that need revisions. 1. The Bill of Sale for utilities must be signed and notarized. Please submit signed and notarized Bill of Sale for the Stormwater, Water, and S.T.E.P. System Improvements. I have included a Bill of Sale for your use. 2. Please submit signed and notarized warranty agreement. 3. Please provide a Letter of Credit and Assigned Savings (form enclosed) for one and one-half times the costs of landscaping requirement of seeding the . ~ planter strips in the right of way. The strips have been seeded, but due to the time of year, the seeding may not establish and grow in the coming year. The amount to be used shall be $1,000.00. 4. Survey corrections have been returned to the project Surveyor. Please have corrections made on the final Mylar Map. 5. Lot Closures do not require any corrections. 6. Along with plat survey corrections, please change the dates on the signature lines of the plat to reflect "2002". 7. Qn Plat, please change address on Tract A to be 314. 8. Please add the following to the notes section on the face of the plat: 3. Each lot within this plat is subject to a mitigation agreement between TEBO Venture III, and Yelm Community Schools, District No. 2. Mitigation fees in the amount of $650.00 per lot shall be paid prior to issuance of building permit. 4. Each lot within this plat is subject to a transportation facility charge. The transportation facility charge shall be paid prior to issuance of building permit. 5. All water connection fees shalt be paid prior to issuance of building permit. 6. All step sewer connection fees shall be paid prior to issuance of building permit. 9. Please make the marked corrections on the enclosed Homeowners Association Articles of Incorporation, Covenants, Conditions, and Restrictions, and By-Laws. Page 8, Section 21; Change references of open space to Storm Drain Facilities. Page 12, Article VI; Remove reference of open space. Page 13, Section 1; Remove reference of open space. Page 14, Section 2; Change county to City. Exhibit A says maintenance schedule. The attachment of Exhibit A is a legal description. Please attach maintenance schedule. Our copy of the Articles of Incorporation has two of page 2 Please return the redlined copies with your corrections. After the plat is approved and recorded at the county, you will need to provide a Deed to the Homeowners for Tract A, to Thurston County. The above list must be completed prior to Monday, December 17, 2001 to be considered by the Planning Commission on the 17t". If the Planning Commission recommends approval to City Council, the final plat application will go before the Council on January 9, 2002. If you have any questions, please contact me immediately at 458-8496. Sincerely, ,, Tami Merriman Planning Technician cc: E. True & Associates Land Surveying w/enc Cathie Carlson Jim Gibson LETTER OF CREDIT AND ASSIGNMENT This letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20.040 of the Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in the Agreement attached hereto and made a part hereof. The undersigned does hereby assign, transfer, and set over unto City of Yelm, all rights, title, and interest in and to Savings Account No, in the name of in with full power and authority to demand, collect, and receive said deposit for the use and purpose of completing the required improvements and repairs described in said Agreement not completed by pursuant to said agreement. It is understood and agreed that Holds the certificate covering said account in its possession and agrees to hold the sum of ~ 1,000.00 therein until release or partial release of this Assignment is received from the City of Yelm pursuant to the terms of the attached Agreement, or demand made by the City of Yelm pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions of said attached Agreement. DATED this day of , 20 ATTEST: BY: Secretary Developer The undersigned hereby confirms the deposit of $ in Savings Account No. in accordance with the terms set forth herein and agrees to administer said account as provided herein above until all such funds are released by the City of Yelm. ATTEST: Financial Institution BY: TITLE: BILL OF SALE LONGMIRE MEADOWS Carl D. Teitge Development Inc. and Robert A. Bussey Investments Inc. are the owners of all new sewer, water, road and stormwater improvements in the City of Yelm existing right of ways and in the easements that serve the Plat of Longmire Meadows. In consideration of the City of Yelm accepting the final Plat of Longmire Meadows with City utilities and accepting the Final Plat of Longmire Meadows the owners sell, convey and otherwise transfer all of these imp ents to the City of Yelm. ,~ Dated this Day of Novemb , 2001 Carl D. Teitge President of Carl D. Teitge Development Inc. Robert A. Bussey President of Robert A. Bussey Investments Inc. City of Yelm BILL OF SALE THIS BILL OF SALE is made and executed this day of Carl D. Teitge, Teitge Development Inc., and Robert A. hereinafter called the grantor(s), and the City of Yelm, a grantee. 20 , by and between Bussey, Robert A. Bussey Investments, Inc., Municipal Corporation, hereinafter called the WTTNESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: All storm sewer lines and apputenances, sanitary sewer lines, S.T.E.P. sewer system, water lines and related appurtenances lying within dedicated public rights of ways for the plat of Longmire Meadows, City of Yelm's Plat No. SUB-O1-8296-YL. The grantor(s) hereby warrants that he/she/they are the sole owner(s) of all the property above conveyed, he/she/they 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. Dated at Yelm, Washington, this day of 20 Carl D. Teige, President Carl D. Teige Development Inc. Robert A. Bussey, President Robert A. Bussey Investments Inc. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year written above personally appeared before me and known to be the individual(s) described, and who executed the foregoing instrument 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. Given under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing in System accepted this day of , 20 City of Yelm By: Development Review Engineer WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: Z~HAT WHEREAS Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc. (hereinafter referred to as tl~e "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City" for the approval by the City of a certain plat of a subdivision to be known as Longmire Meadows, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, allies and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with t}le specifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58. l7 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW THEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and-with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall he liable to pay to and indemnify the City, upon completion of such constriction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. CARL D. TEITGE President and Secretary of Carl D. Teitge Development, lnc. ROBERT A. BUSSEY President and Secretary of Robert A. Bussey Investments, inc. STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) ~~ U On this day of , 200 ,before me, the undersigned, a Notary Public in and for the State of Washin ton, d y commissioned and sworn, personally appeared Carl D. Teitge and Robert ssey, to me known to be the President and Secretary, respectively, of CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: NOTARY PUBLIC in and for the State of Washington, residing at 1/ty commission expires: __ ~ SKILLINGS CONNOLLI( November 26, 2001 01007 ~;. Cathie Carlson City of Yelm PO Box 479 Yelm, WA 98597 N 0 y 2 ~ 2001 RE: Longmire Meadows review comments Dear Cathie: As you requested, we have reviewed the plat submitted for this subdivision and have the following comments: The following comment relates to sheet 1: 1. The legal description for Parcel A has a bad bearing call: "...THENCE NORTH 52°04' WEST AT RIGHT ANGLES TO VAN TRUMP STREET..." this should read: "...THENCE NORTH 37°56' EAST AT RIGHT ANGLES TO VAN TRUMP STREET...". This wording appears in the subdivision guarantee and in the deed to the developer from the previous owner. The surveyor should (and may have) investigate whether this wording has always been used to describe this parcel or was it changed sometime in the past. The following comments relate to sheet 2: 1. In order to follow the legal description without reference to another map please show the underlying vacated Stevens Street as fine dashed lines. Also show the southwest corner of Block 1 Solberg's First Addition and the most northerly corner of Solberg's First Addition. 2. Need a 3" margin on the left side. 3. City Municipal Code requires a minimum lettering height of 3/32". Most of the text on sheet 2 does not comply with this requirement. 4. The legend indicates that 5 monuments were set but 3 of these monuments have notes that are contrary to this. Please clarify either the legend or the notes so that it is clear what was found, set or replaced. CIVIL • TRANSPORTATION • ENVIRONMENTAL • CONSTRUCTION PO i3ox 5080 LacQy, Washington 9$509-5080 360-491-3399 1-800-454-7545 Fax 360-491-3857 E-mall skillings@skillings.com www.skilltngs.com Cathie Carlson November 26, 2001 Page 2 5. We recommend that the surveyor's certification be moved to sheet one with all the other certifications. This will allow for more room when the text height is changed in the easement and will also make the monument note easier to find. 6. In the blanket utility easement: "...ADJOINING THE STREET AND TRACT FRONTAGE OF ALL LOTS...", should be changed to read: "...ADJOINING STREET FRONTAGE OF ALL LOTS AND TRACTS...". The current wording would grant a 10 foot wide easement where lots adjoin Tract A and would not grant an easement where Tract A adjoins Longmire Street. 7. Show only the acreage of Tract A not both square feet and acres. 8. Note 1 should define who has the right to use and the responsibility to maintain the storm drainage easements shown on the plat. Stevens Street was vacated by the city by Ordinance number 728 and recorded under Thurston County Auditor's File Number 3337171. The legal description in the ordinance describes the vacation area as being in Section 17. It actually lies in Section 19. This Ordinance should be amended and rerecorded. - If you have any questions, please call me at 491-3399. Thank you. Sincerely, SKILLINGS-CONNOLLY, INC. Consulting Engineers ~~ Pat Fox, P.L.S. Survey Manager 1~ ~~ f ~G~ c~`' ARTICLES OF INCORPORATION OF LONGNIIRE MEADOWS NOIVIEOWNERS 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. A RTI~:I.,E f The name of the corporation is Longmire Meadows Homeowners Association, hereafter called the "Association." ARTICLE II The principal office of the Association is located at 1110 Fryar Avenue, Suite C, Sumner, Washington 98390. ARTICLE 111 Barry Brodniak, whose address is l 110 Fryar Avenue, Suite C, Sumner, Washington 98390, 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 ttre 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 property 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 ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 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; (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; (c) acquire (by gift, purchase or otherwise), 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, aut}rority, 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 ]aw now or hereafter may have or exercise. (g) In the event Project Proponent, successors or the Longmire Meadows Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, s~rccessors or Longmire Meadows 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 .Longmire Meadows Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Longmire Meadows Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the 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 bylaw from the date of completion of construction. The City of Yelm will place a lien on the property and/or on lots in the Longmire Meadows 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 lots. P Longmire Meadows Homeowners Association. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 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; (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; (c) acquire (by gift, purchase or otherwise), 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 oftwo-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; (~ have and to exercise any acrd all powers, rights and privileges which a corporation organized under the Non-Profit Corporation .Law of the State of `'Vashington by law now or hereafter may have or exercise. (g) In the event Project Proponent, successors or the Longmire Meadows Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or Longmire Meadows 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 Longmire Meadows Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Longmire Meadows Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the 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 the Longmire Meadows 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 tl~e present owner of the drainage tracts, platted lots and the Longmire Meadows Homeowners Association. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 ARr1'ICLE V NIEIVIBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in 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 L,ot Owners, with the exception of t}ie Declarant, and shall he entitled to one vote for each Lot. 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. 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, 2006. ARTICLE VIl I30ARU Or DIRI?CTORS The affairs of this Association shall be managed by a Board of three (3) Directors, who 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 tl~e addresses of the persons who are to act in the capacity of Directors until the selection of the successors are: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 NAME ADORES S Barry Brodniak 1 l 10 Fryar Ave., Suite C Sumner, Washington 98390 Car] D. 1'eitg;e 8 I ~I N Stadium Way Tacoma, Washington 98403 Robert A. Bussey 157 Lemieux Lane Tenino, Washington 98589 At the first annual meeting; the Members shall elect one Director for a term of one year, one Director for a term of two years and one Director for a term of three years; and at each annual meeting thereafter the Members shall elect one Director for a term of three years for each Director whose term of office expires at such time. ARTICLE VI11 DURATION The corporation shall exist perpetually. ARTICLE IX AIViENDIV1ENTS Amendment of these Article shall require the assent of seventy-five percent (75%) of the entire membership. ARTICLE X ~P'ilAlVA APPROVAL As long; as there is Class B membership, the follo~a~ing actions will require the prior approval of the Federal Housing Adminis±ration or the Veteran's Administration: annexa±ion of additional properties, mergers and consolidations, mortgaging of Common Area, dissolution and amendment of these Articles. ARTICLES OF INCORPORATION LONGMIRE MEADOWS 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 Associat- have executed these Articles of Incorporation this ..____.__..___ day of ___,____. _ _ _ ____ , 200 . CARL D. TEITGE STATE OF WASHINGTON ) ss. COUNTY OF PIERCE ) ~ ~j THIS IS TO CERTIFY that on this day of , 200 , efore me, the undersigned, a Notary Public in and for the State of Washington, duly c missioned, sworn and qualified, personally appeared CARL D. TEITGE, 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 a.ct and deed, for the uses and purposes therein mentioned. W1TNF,SS MY HAND AND OFFICIAL SEAL the day and year first above written. NO'T'ARY PUBLIC in and for the State of Washington, residing at My Commission Expires: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 F3Y-L,AWS of LONGIVIIRE NIEADOWS 130MEOWNERS ASSOCIATION ARTICLE I The name of the corporation is I_,ongmire Meadows Homeowners Association, hereinafter referred to as the "Association." The principal office of the corporation shall be located at 1110 Fryar Avenue, Suite C, Sumner, Washington 98390 or at such other location as may be determined by the Board of Directors, but meetings of members and directors maybe held as such places within the State of Washington, as may be designated by the Board of Directors. ARTICLE It Section 1. "Association" shall mean and refer to Longmire Meadows 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 t}ie 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 Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc., its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from tl~e Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 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. ARTICLE III MEETING OF NIEIl~IBERS Section 1 -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 may be 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.-Proxies. 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 & TERIVI OF OFFICE Section l .-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 (1) Director for a term of two (2) years and one (l) Director BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 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 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 Meetin,~ The Directors small 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 Et,ECTION OF DIRECTORS Section l .-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 ornon-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 Iv1EE'1'ING OF UIREC'TORS Section l .-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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 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. Section 3.-Quorum. A majority of the number of Directors shall constitute a quonrrn 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 l .-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 IVlember 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= Uuties._ It shall be the duty of the Board of Directors to: (a) to keep a complete record of all its acts and corporate affairs and to present a statement thereof to the Ntembers 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 4 their duties are properly performed; (c) appoint an Architectural Control Committee; (d) as more hilly provided in the Declaration, to; (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; (e) 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 maybe mace by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (f) procure and maintain adequate liability and hazard insurance on property owned by the Association; (g) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (h) cause the Common Areas to be maintained. ARTICLE VIII OFFICIH:RS AND THEIR DUTIES Section l .-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 tl~e 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4 -St~ecial 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. 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) Secretary: 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) 'i~reasurer: The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse suc}l 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 tale Association.; keep proper books of account; cause an annual audit of the BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 6 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. ARTICLE TX COlYI1VIITTEES 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. AR'T'ICLE X BOOKS ANU 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 maybe 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 (l2) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay tl~e 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. BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 7 ARTICLE XII CORPORATE SEAL The Association shall not have a seal. AR'T'ICLE Xlll 1VTISCELLANEOUS 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. ARTICLE XIV AMENDMEN'T'S 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. CARL D. TEITGE PRESIDENT BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 8 AFTER RECORDING RETURN TO: CARL D. TEITGE 811 N Stadium Way Tacoma, WA 98403 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS LEGAL DESCRIPTION: NW '/a , Sec.19, T 17N, RZE, W.M. ASSESSOR'S TAX PARCEL NO.: 22719231600 & 22719230900 ~~/ TffiS DECLARATION IS MADE THIS DAY OF 2001, CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVEST NTS, INC., Washington corporations, 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 23, and the common areas of Longmire Meadows, as recorded in the office of the Thurston County Auditor on day of 2001 under Thurston County Auditor's Fee # (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 run with the real property and shall be binding on all parties having or acquiring any right, title or interest herein andlor 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 Longmire Meadows, a Washington non- profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, 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 Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc., its successors or assigns who should acquire more than one undeveloped Lot from the Declarants 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: Lots 1 through 23, and all of Tracts A and B and the private streets inclusive, as contained on the Plat of Longmire Meadows per that certain recorded in the office of the Thurston County Auditor on day of 200 under Thurston County Auditor's Fee # .All of which property shall hereinafter be referred to as the "property" or "properties". ~~~~.v U ~' Legal description attached as Exhibit A. ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Property. No structure or buildings of any kind shall be erected, altered, placed or pernutted 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 4 herein, are allowed. Section 2. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said acti~~ty be in compliance with the City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same may be conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a matter (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential construction as described in Section 1, nor shall any thing be done on any residential lot which maybe or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be permitted on any street, sidewalk or other public area. Section 3. Automobiles Boats Trucks Trailers Recreational Vehicles. The streets within the plat shall not be used for over night parking of any vehicles 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 forty-eight (48) hours 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 a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 4. 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 5. 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 maybe 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 6. 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 7. Building Setback No building or detached structure (with the exception offences as described in Section 8 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house, nor nearer than ten (10) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet 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 chain link fences are allowed except black chain link and poles and in the rear yards only. 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 14 and 15 where necessary. Section 9. Easements. Easements for utilities, drainage, and access are reserved as delineated on the recorded plat map. If the storm conve ance i es from the streets to the swales must be re aired the Homeowner's Association shall restore the easement reasonabl to its former condition. Within these easements no structure planting or other material shall be placed or permitted to remain which ma dams e or interfere with the installation and maintenance of utilities or which ma chan e the direction or flow of draina e channels in the easements or which ma obstruct or retard the flow of water throu h draina e 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 10. Suns. 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 maybe displayed from 30 days prior to any election or primary election day and 30 days following election or primary election day. Section 11. 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, tunnels, mineral excavations or shafts be permitted 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 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. 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. Secti_ Garbage and Refuse Dist~osal. 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, 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 condition. Sect_ ion l 5. 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. Sect- 1_ Roofs. No flat roofs will be allowed on the house or garage. Secti_ Exteriors. No siding shall be diagonal. All metal fireplace chimneys shall be wrapped in either wood or stone. The entire house must be painted or stained approved colors. The colors shall be consistent with and in general conformity to the remainder of the neighborhood. The idea is that colors that are very bright, provocative or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Northwest Housing Development. An owner wishing to chan e g the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be unreasonably withheld. Section 18. Nuisance. No noxious or offensive activity shall be carved 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 19. 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 20. La.ndscapin~. The builder shall install or have installed prior to the occupancy of any home, landscaping of the front and at least one half way through the side yards. The front yards shall be grass to the gravel parking strip (if one is desired) next to the street pavement and grass to grass in the front yards. Yards shall be regularly mowed, trees and bushes shall be neatly .~~ ~ ~ ~ maintained at all times. rcV( f'r~~ :~~~~, Section 21. O e ace. Open ce Tracts shall be dedicated to a Homeowners Association, and the Homeowners Association shall be responsible for maintaining the a.~ma~ntainin.u~he Stormwater Drainage Facilities and the access within the plat. Section 22. Owners Easements and Enioyment. 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 every Lot, subject to the following provisions; (a} The right of the Association to 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 R recorded. Se_ 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 oumed. 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 3 1, 2005. Section 4. FHA/VA Approval 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 ASSESSIVIENTS Section 1. Creation of the lien and Personal Obligation for Assessments. The Declarant, a 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 Common Areas, including the maintenance of Stormwater Facilities, landscaping and access road for the payment of reasonable costs to the association for insurance, accounting or legal fees. Section 3. Maximum Annual Assessment. Until December 31, 2004, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per lot. (a) From and after December 31, 2004, the maximum annual assessment maybe 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 ley 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. ~ecial Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment ~n 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 uorum for An 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 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 a uniform rate 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, ~i 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 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 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 liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which 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 Af Section 1. Maintenance Covenant. Easements are hereby granted for the installation, 1~ `mot inspection, and maintenance of utilities, access road, drainage facilities a o n s ce as delineated on the plat of Longmire Meadows, records of Thurston County. No encroachment will be placed within the easements which may dame or interfere with the installation inspection, and maintenance of utilities. If the Homeowners Association must work within andeasement it shall complete the work 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 Homeowners Association. In the event the Homeowners Association, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Homeowners Association or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Homeowners Association or successors agree to the following remedy: After thirty (30) days notice by registered mail to the Homeowners 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 property and/or on lots in the plat of Longmire Meadows 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) In consideration of conveyance of Tract(s) to the Homeowners Association, the Homeowners Association hereby covenants and agrees to maintain in good order and repair the storm water facilities and streets, located in designated tracts 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 ~~ ~v l Yelm the facilities are not maintained to th county ndards, a fee maybe 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 Homeowners 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 on- site 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 and streets shall be completed as outlined m Exhibit Section 4. The Longmire Meadows Homeowners Association shall provide the storm drainage and street 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 -ti ~ 2 is attached in~xhibit.~~ -- ARTICLE VII No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designed Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be req~j~'~ end this Article will be deemed is to have been fully complied with. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, Longmire Meadows 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 (Longmire Meadows 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 Longmire Meadows 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, Longmire Meadows Homeowners Association, their i~ respective legal representatives, heirs, successors, and assigns, for a term of thirty (; 0) 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 the Thurston County. iti IN WITNESS WHEREOF, the undersigned, being the Decl herein, has hereunto set its hand and seal this -day of 001. CARL D. TEITGE President and Secretary of Carl D. Teitge Development, Inc. ROBERT A. BUSSEY President and Secretary of Robert A. Bussey Investments, inc. STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) ~,~ ~, On this day of 001 efore me, the undersigned, a Notary Public in and for the State of Washington, duly commis ed and sworn, personally appeared Carl D. Teitge and Robert A. Bussey, to me known to be the President and Secretary, respectively, of `CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: i~ ~~ ~ Exhibit !1 ~ ~~k. ~ l; ~, °.F~ ___ ~~,~~z,~-~ In ThurstonYCounty, Washington. ~ ~,,Ci~/~ l '~ J PARCEL A: Block 15 of unrecorded Solberg's Second Addition to Yelrn, ciescribecf as follows: Beginning at intersection of Westerly line of Soft~erg St. with Northerly line of Van Trurnp St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Souti~erly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37" 5G' East 170 feet from the most Northerly corner of Solberg's First Addition to Yelrn, according to plat recorded in Volume 9 of Flats, page 31; running thence North 52° 04' West 200 feet; thence Nortfi 37" 5G' East 250 feet to tt~e Southwesterly line of Coates Street; thence Soutlr 52° 04' East along said Southwesterly line of Coates Street 200 feet; thence South 37" 5G' West 2.50 feet to the point of beginning. Together with vacated Stevens Street from the center line that abutted Parcel A and Parcel B. ~~_ Closures - Prepared using Survey%Civil Solutions for AutoCAD D<<te Prepared: 10/31/2001 Drawing: 2040SH2R.dwg LOivGMIRE MEADOWS Lot 1 Bearing Distance - ---- Northing ------ Fasting ------------ -- ------- 10126.871 4518.194 Start S 52004'00" E 48.50 10097.056 4556.447 N 37056'00" E 99.00 10175.140 4617.306 N 52004'00" W 48.50 10204.955 4579.053 S 37056'00" W 99.00 10126.871 4518.194 East 0.00 - 10126.871 ---------- -- 4518.194 ------------ --- 10126.871 4518.194 Close Area: 4,802 S.F. 0.110 Acres (POB) (POB) i_..,r Closures - Prepared using Survey/Civil Solutions for AutoCAD D~.:te Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- l,iii:~MIRE MEADO[~iS Lot 2 Bearing -- Distance -------- ---- Northing ---------- ------------ 10175.140 S 52x04'00" E 48.50 10145.325 S 37x56'00" W 99.00 10067.241 N 52x04'00" W 48.50 10097.056 N 37x56'00" E 99.00 10175.140 East 0.00 ---- 10175.140 ---------- 10175.140 Area: 4,802 S.F. 0.110 Acres Fasting 4617.306 Start 4655.560 4594.700 4556.447 4617.306 4617.306 -------------- 4617.306 Close (POB) (POB) 1~c~P_ Closures - Prepared using Survey/Civil Solutions for AutoCAD Dote Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 3 Bearing Distance Northing 10145.325 S 52004'00" E 99.00 10084.465 S 37056'00" W 56.00 10040.297 N 52004'00" W 99.00 10101.156 N 37056'00" E 56.00 10145.325 East 0.00 ---- 10145.325 ------ ---- 10145.325 Area: 5,544 S. F. 0.127 Acres Fasting 4655.560 Start 4733.644 4699.218 4621.134 4655.560 4655.560 -------------- 4655.560 Close (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 _ ~-zwing: 2040SFI2R. dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 4 Bearing Distance Northing Fasting 10101.156 4621.134 Start S 52004'00" E 99.00 10040.297 4699.218 S 37056'00" W 48.00 10002.438 4669.710 N 52004'00" W 99.00 10063.297 4591.626 N 37056'00" E 48.00 10101.156 4621.134 East 0.00 ---- 10101.156 ---------- -- 4621.134 10101.156 ------------ 4621.134 Close Area: 4,752 S.F. 0.109 Acres (POB) (POB) ;got Closures - Prepared using Survey/Civil Solutions for AutoCAD DGte Prepared: ].0/31/2001 _:r awing: 209OSH2R.dwg ---------------------------------------------------- LUNGMIRE MEADOWS Lot 5 Bearing Distance Northing Fasting 10063.912 4590.838 Start S 52004' 00" E 100.00 10002.438 4669.710 S 37056' 00" W 48.00 9964.579 4640.203 N 52004' 00" W 100.00 10026.053 4561.330 N 37056' 00" E 48.00 10063.912 4590.838 East 0.00 ---- 10063.912 ---------- -- 4590.838 -- 10063.912 ---------- 4590.838 Close Area: 4, 800 S. F. 0.110 Acres (POB) (POB) Lc~t Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- '.~ONGMIRE MEADOWS Lot 6 Bearing Distance Northing Fasting 10026.053 4561.33.0 Start S 52x04'00" E 100.00 9964.579 4690.203 S 37x56'00" W 48.00 9926.720 4610.695 N 52x04'00" C°~ 100.00 9988.194 4531.822 N 37x56'00" E 48.00 10026.053 4561.330 East 0.00 ---- 10026.053 ---------- -- 4561.330 --- 10026.053 --------- 4561.330 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Dtzr_e Prepared: 10/31/2001 C~rawing: 2040SH2R.dwg ---------------------------------------------------- LJNGMIRE MEADOWS Lot 7 Bearing Distance Northing Fasting 9988.194 4531.822 Start S 52004' 00" E 100.00 9926.720 4610.695 S 37056' 00" W 48.00 9888.861 4581.187 N 52004' 00" W 100.00 9950.335 4502.315 N 37056' 00" E 48.00 9988.194 4531.822 East 0.00 ---- 9988.194 ---------- 4531.822 -- 9988.194 ------------ 4531.822 Close Area: 4, 800 S.F. 0.110 Acres (POB) (POB) Lit Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Drawing: 2040SH2R.dwg Lcr Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: ]_0/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- I~ONGMIRE MEADOWS Lot 8 Bearing Distance Northing Fasting 9950.335 4502.315 Start S 52004'00" E 100.00 9888.861 4581.187 S 37056'00" W 48.00 9851.002 4551.680 N 52004'00" G~ 100.00 9912.476 4472.807 N 37056'00" E 48.00 9950.335 4502.315 East 0.00 ---- 9950.335 ---------- -- 4502.315 ------------ 9950.335 4502.315 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) Lc.>t Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 f)r«wing: 2040SH2R.dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 9 Bearinq -------- ---- Distance ---------- ----- Northing --------- -- Fasting ------------ 9912.476 4472.807 Start S 52004' 00" E 100.00 9851.002 4551.680 S 37056' 00" W 49.50 9811.960 4521.250 N 52004' 00" W 100.00 9873.434 4442.377 N 37056' 00" E 49.50 9912.476 4472.807 East 0.00 ----- 9912.476 --------- -- 4472.807 ------------ 9912.476 4472.807 Close Area: 4, 950 S. F. 0.114 Acres (POB) (POB) C.ot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 L)rawing: 2040SH2R.dwg ---------------------------------------------------- ~~UNGMIRE MEADOWS Lot 10 Bearing Distance Northing Fasting 9811.960 4521.250 Start S 37056'00" W 49.50 9772.918 4490.820 N 52os04'00" W 100.00 9834.392 4411.947 N 37s~56'00" E 49.50 9873.434 4442.377 S 52~a04'00" E 100.00 9811.960 4521.250 East 0.00 ---- 9811.960 ---------- -- 4521.250 ------------ 9811.960 4521.250 Close Area: 4,950 S.F. 0.114 Acres (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Crawina: 2040SH2R.dwa LC`NGMIRE MEADOWS Lot 11 Bearing Distance Northing Fasting 9772.918 4490.820 Start S 37056'00" W 48.00 9735.059 4461.312 N 52004'OC" W 100.00 9796.534 4382.440 N 37056'00" E 48.00 9834.392 4411.947 S 52004'00" E 100.00 9772.918 4490.820 East 0.00 ---- 9772.918 --------- -- 4490.820 ------------ - 9772.918 4490.820 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 12 Bearing Distance Northing Fasting 9796.534 4382.440 Start S 52m04'00" E 100.00 9735.059 4461.312 S 37m56'00" W 48.00 9697.200 4431.805 N 52m04'00" W 100.00 9758.675 4352.932 N 37m56'00" E 48.00 9796.534 4382.440 East 0.00 --- 9796.534 --------- -- 4382.440 ------------ -- 9796.534 4382.440 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD ~~at e Prepared: 10/31/2001 [~r~iwing: 2040SH2R. dwg LONGMIRE MEADOWS Lot 13 Bearing Distance Northing Fasting 9758.675 4352.932 Start S 52004'00" E 100.00 9697.200 4431.805 S 37056'00" W 56.00 9653.032 4397.379 N 52004'00" W 100.00 9714.506 4318.506 N 37056'00" E 56.00 9758.675 4352.932 East 0.00 9758.675 4352.932 9758.675 4352.932 Close Area: 5,600 S.F. 0.129 Acres (POB) (POB) L,ofi Closures - Prepared using Survey/Civil Solutions for AutoCAD _~~-ate Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 14 Bearing Distance Northing Fasting 9822.886 4342.122 Start S 5204'00" E 48.00 9793.379 4379.981 S 37m56'00" W 100.00 9714.506 4318.506 N 52r~04'00" W 48.00 9744.014 4280.648 N 37s~56'00" E 100.00 9822.886 4342.122 East 0.00 ----- 9822.886 --------- -- 4342.122 ------------ 9822.886 4342.122 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) I_ot Closures - Prepared using Survey/Civil Solutions for AutoCAD `~~te Prepared: 10/31/2001 _;~awing: 2040SH2R.dwg ---------------------------------------------------- LOi~~GMIRE MEADOWS Lot 15 Bearing Distance Northing Fasting 9852.394 4304.263 Start S 52004'00" E 48.00 9822.886 4342.122 S 37056'00" W 100.00 9744.014 4280.648 N 52004'00" W 48.00 9773.521 4242.789 N 37056'00" E 100.00 9852.394 4304.263 East 0.00 ---- 9852.394 ---------- -- 4304.263 ------------ 9852.394 4304.263 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) 1,;;t Closures - Prepared using Survey/Civil Solutions for AutoCAD )ate Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 16 Bearing Distance Northing Fasting 9882.209 4266.010 Start S 52004'00" E 48.50 9852.394 4304.263 S 37056'00" W 100.00 9773.521 4242.789 N 52004'00" W 48.50 9803.336 4204.535 N 37056'00" E 100.00 9882.209 4266.010 East 0.00 ----- 9882.209 --------- -- 4266.010 ------------ 9882.209 4266.010 Close Area: 4,850 S.F. 0.111 Acres (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ~ONGMIRE MEADOWS Lot 17 Bearing Distance Northing Fasting 9912.024 4227.756 Start S 52004'00" E 48.50 9882.209 4266.010 S 37056'00" W 100.00 9803.336 4204.535 N 52004'00" W 48.50 9833.151 4166.282 N 37056'00" E 100.00 9912.024 4227.756 East 0.00 ----- 9912.024 --------- -- 4227.756 ------------ 9912.024 4227.756 Close Area: 4,850 S.F. 0.111 Acres (POB) (POB) ~~ot Closures - Prepared using Survey/Civil Solutions for AutoCAD Dote Prepared: 10/31/2001 Cir .wing: 2040SH2R.dwg ---------------------------------------------------- ~C`I~IGMIRE MEADOWS Lot 18 Bearing Distance Northing Fasting 9938.968 4123.238 Start S 52004' 00" E 99.00 9878.109 4201.322 S 37056' 00" W 57.00 9833.151 4166.282 N 52004' 00" W 99.00 9894.011 4088.198 N 37056' 00" E 57.00 9938.968 4123.238 East 0.00 ----- 9938.968 --------- -- 9123.238 ------------ 9938.968 4123.238 Close Area: 5, 643 S.F. 0.130 Acres (POB) (POB) poi Closures - Prepared using Survey/Civil Solutions for AutoCAD ~~,!e Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- T~ONCMIRE MEADOWS Lot 19 Bearing ----------- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 9938.968 4123.238 Start N 37056'00" E 49.50 9978.010 4153.668 S 52004'00" E 100.00 9916.536 4232.541 S 37056'00" W 6.50 9911.409 4228.545 N 52004'00" W 1.00 9912.024 4227.756 S 37056'00" W 43.00 9878.109 4201.322 N 52004'00" W 99.00 9938.968 4123.238 East 0.00 ---- 9938.968 ---------- -- 4123.238 ------------ 9938.968 4123.238 Close Area: 4,907 S.F. 0.113 Acres (POB) (POB) !_,ot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Ur-awing: 2040SH2R.dwg ---------------------------------------------------- LONGMIRE MEADOWS Lot 20 Bearinq Distance Northing Fasting 9978.010 9153.668 Start N 37056' 00" E 49.50 10017.052 4184.098 S 52004' 00" E 100.00 9955.578 4262.971 S 37056' 00" W 49.50 9916.536 4232.541 N 52004' 00" w 100.00 9978.010 4153.668 East 0.00 ---- 9978.010 ---------- -- 4153.668 ------------ 9978.010 4153.668 Close Area: 4, 950 S.F. 0.114 Acres (POB) (POB) „cr Closures - Prepared using Survey/Civil Solutions for AutoCAD ~~~.te Prepared: 10/31/2001 i~rawing: 2040SH2R.dwg ---------------------------------------------------- L,r~7iGMIRE MEADOWS Lot 21 Bearing Distance Northing Fasting 10017.052 4184.098 Start N 37056'00" E 49.50 10056.094 4214.528 S 52004'00" E 100.00 9994.620 4293.401 S 37056'00" W 49.50 9955.578 4262.971 N 52004'00" W 100.00 10017.052 4184.098 East 0.00 ---- 10017.052 ---------- -- 4184.098 ------------ 10017.052 4184.098 Close Area: 4,950 S.F. 0.114 Acres (POB) (POB) T,.~t Closures - Prepared using Survey/Civil Solutions for AutoCAD Da'e Prepared: 10/31/2001 7rawing: 2040SH2R.dwg ---------------------------------------------------- LCNGMIRE MEADOWS Lot 22 Bearing ------------ -- Distance -------- ---- Northing ---------- -- Fasting ------------ 10056.094 4214.528 Start S 52004'00" E 100.00 9994.620 4293.401 N 37056'00" E 49.50 10033.662 4323.830 N 52004'00" W 100.00 10095.136 4244.958 S 37056'00" W 49.50 10056.094 4214.528 East 0.00 ---- 10056.094 ---------- -- 4214.528 ------------ 10056.094 4214.528 Close Area: 4,950 S.F. 0.114 Acres (POB) (POB) Lor Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- LC~NGMIRE MEADOWS Lot 23 Bearing Distance Northing Fasting 10033.662 4323.830 Start S 52004'00" E 50.00 10002.925 4363.267 S 37056'00" W 105.00 9920.108 4298.719 N 52004'00" W 50.00 9950.846 4259.282 N 37056'00" E 105.00 10033.662 4323.830 East 0.00 10033.662 ---------- -- 4323.830 ------------ ---- 10033.662 4323.830 Close Area: 5,250 S.F. 0.121 Acres (POB) (POB) I~:t Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/31/2001 Drawing: 2040SH2R.dwg ---------------------------------------------------- LUNGMIRE MEADOWS Lot -~ 7!I/+cT A Bearing ------------ Distance ---------- ----- Northing --------- -- Fasting ------------ 10095.136 4244.958 Start N 37056'00" F 20.00 10110.911 4257.252 S 52004'00" E 196.00 9990.421 4411.843 N 37056'00" E 173.00 10126.871 4518.194 S 52004'00" E 97.00 10067.241 4594.700 S 37056'00" W 5.00 10063.297 4591.626 N 52004'00" W 1.00 10063.912 4590.838 S 37056'00" W 343.00 9793.379 4379.981 N 52004'00" W 192.00 9911.409 4228.545 N 37056'00" E 50.00 9950.846 4259.282 S 52004'00" E 50.00 9920.108 4298.719 N 37056'00" E 105.00 10002.925 4363.267 N 52004'00" W 150.00 10095.136 4244.958 East 0.00 ----- 10095.136 --------- -- 4244.958 ------------ 10095.136 4244.958 Close Area: 46,963 S.F. 1.078 Acres (POB) (POB) 'io! Closures - Prepared using Survey/Civil Solutions for AutoCAD U~zte Prepared: 10/31/2001 nrawing: 2040SH2R.dwg ---------------------------------------------------- LC~NGMIRE MEADO[niS Lot 25 ,b~'c7Jn~p,c+2~j' Bearing - Distance ---------- Northing -------------- -- Fasting ------------ --- ------- - 10113.370 4254.098 Start S 52004'00" E 200.00 9990.421 4411.843 N 37056'00" E 275.00 10207.321 4580.897 S 52004'00" E 200.00 10084.373 4738.643 S 37056'00" W 550.00 9650.573 4400.534 N 52004'00" W 400.00 9896.470 4085.043 N 37056'00" E 275.00 10113.370 4254.098 East 0.00 10113.370 ------------- -- 4254.098 ------------ - 10113.370 4254.098 Close Area: 165,0 00 S.F. 3.788 Acres (POB) (POB) ARTICLES OF INCORPORATION OF LONGMIRE MEADOWS 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 Longmire Meadows Homeowners Association, hereafter called the "Association." ARTICLE II The principal office of the Association is located at l l ] 0 Fryar Avenue, Suite C, Sumner, Washington 98390. ARTICLE 111 Barry Brodniak, whose address is ] 1 l0 Fryar Avenue, Suite C, Sumner, Washington 98390, is hereby appointed the initial registered agent of this Association. ARTLCLE 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 property 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 ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 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; (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; (c) acquire (by gift, purchase or otherwise), 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 oftwo-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 he effective unless an instrument has been signed by two-thirds (2/3) of each class of Members, agreeing to such dedication, sale or transfer; (f) 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 Longmire Meadows Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or Longmire Meadows 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 Longmire Meadows Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Longmire Meadows Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the 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 the Longmire Meadows 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 Longmire Meadows Homeowners Association. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 and Restrictions, hereinafter called the "Declaration," applicable to the property and recorded or to be recorded in the Oflice 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; (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; (c) acquire (by gift, purchase or otherwise), 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 oftwo-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; (f) 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 Longmire Meadows Homeowners Association in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or Longmire Meadows 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 Longmire Meadows Homeowners Association agree to the following remedy: After 30 days notice by registered mail to the Proponent, successors or Longmire Meadows Homeowners Association, jurisdiction may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the 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 the Longmire Meadows 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 lots. P Longmire Meadows Homeowners Association. ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 AR'T'ICLE V MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in 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 V01'11vG RIGHTS The Association shall have two classes of voting membership: Class A Class A Members shall be all L,ot Owners, with the exception of the Declarant, and shall he entitled to one vote f~~r each C,ot. 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. 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 3 l , 2006. ARTICLE Vll BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of three (3) Directors, who 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 capacity of Directors until the selection of the successors are: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 NAME ADDRESS Barry E3rodniak 1 1 10 Fryar Ave., Suite C Sumner, Washington 98390 Carl D. Teitge 8 I d N Stadium Way Tacoma, Washington 98403 Robert A. Bussey 157 Lemieux Lane Tenino, Washington 98589 At the first annual meeting; the Members shall elect one Director for a term of one year, one Director for a term of two years and one Director for a term of three years; and at each annual meeting thereafter the Members shall elect ene Director for a term of three years for each Director whose term of office expires at such time. ARTICI.,E Vlll llURATION The corporation shall exist perpetually. ARTICLE IX AMENDMCIVTS Amendment of these Article shall require the assent of seventy-five percent (75°io) of the entire membership. ARTICLE X ~FIIA/VA 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 Administration: annexation of additional properties, mergers and consolidations, mor5gaging of Common Area, dissolution and amendment of these Articles. ARTICLES OF INCORPORATION LONGMIRE MEADOWS 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. CARL D. TEITGE STATE OF WASHINGTON ) COUNTY OF P[ERCE Ss. THIS IS TO CERTIFY that on this _ day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned, sworn and qualified, personally appeared CARL D. TF,ITGE, 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 OFFICIA[, SEA[_, the day and year first above written. NO"TARY PUBLIC in and for the State of Washington, residing at My Commission Expires: ARTICLES OF INCORPORATION LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 CONSENT TO SERVE AS REGISTERED AGENT 1, BARRY BRODNIAK, hereby consent to serve as Registered Agent in the State of Washington, for the following corporation: LONGMIRE MEADOWS 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 of any changes in the registered office address of ttie corporation for which I am agent. DATED this day of 2001. BARRY BRODNIAK 1110 Fryar Avenue, Suite C Sumner, WA 98390 Office Address BY-1,AW S of LONGMiRE MEADOWS HOMEOWNERS ASSOCIATION ARTICLE 1 The name of the corporation is I,ongmire Meadows Homeowners Association, hereinafter referred to as the "Association." The principal office of the corporation shall be located at 1110 Fryar Avenue, Suite C, Sumner, Washington 98390 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 Longmire Meadows 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 tiie 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 Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc., its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from tl~e Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 1 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. ARTICLE 111. 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 may be 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 (l0%) of all the votes of the Class A Membership. Section 3.-Notice of M_eetin~s_ 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.-Proxies. 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 l .-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 (l) Director for a term of two (2) years and one (1) Director BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 2 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 of death, resignation or removal of a Director, his successors shall be selected by tl~e 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 I .-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 Vl MEETING OF UIREC'I'ORS Section 1.-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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 3 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. 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 l .-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 ofthe 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 anal 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 record 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 4 their duties are properly performed; (c) appoint an Architectural Control Committee; (d) as more hilly provided in the Declaration, to; (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 yr to bring an action at law against the Owner personally obligated to pay the same; (e) 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 maybe made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (f) procure and maintain adequate liability and hazard insurance on property owned by the Association; (g) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (h) cause the Common Areas to be maintained. ARTICLE Vlll OFFICERS AND THEIR DUTIES Section I .-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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 5 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 ollice for such period, have such authority, and perform such duties as the Board may, from time to time, determine. 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 oflicer-s 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 ali 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) Secretary: 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 BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 6 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 tl~e 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. ARTICLE tX 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 t300KS AND REC;ORUS 'i'he 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 maybe 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 (l2) 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 lrereirr by non-use of the Common Areas or abandonment of his Lot. BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 7 ARTICLE Xll CORI'ORA'1'E SEAL The Association shall not have a seal. AR'T'ICLE XI11 MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 3 I st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. ARTICLE XIV AMENDMEN'T'S 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. CARL D. TEITGE PRESIDENT BY-LAWS LONGMIRE MEADOWS HOMEOWNERS ASSOCIATION - 8 AFTER RECORDING RETURN TO: CARL D. TEITGE 811 N Stadium Way Tacoma, WA 98403 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS LEGAL DESCRIPTION: NW'/4 , Sec.19, T17N, R2E, W.M. ASSESSOR'S TAX PARCEL NO.: 22719231600 & 22719230900 THIS DECLARATION IS MADE THIS DAY OF , 2001, by CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., Washington corporations, 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 23, and the common areas of Longmire Meadows, as recorded in the office of the Thurston County Auditor on day of 2001 under Thurston County Auditor's Fee # (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 run with the real property and shall be binding on all parties having or acquiring any right, title or interest herein andlor 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 Longmire Meadows, a Washington non- profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, 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 Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc., its successors or assigns who should acquire more than one undeveloped Lot from the Declarants 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: Lots 1 through 23, and all of Tracts A and B and the private streets inclusive, as contained on the Plat of Longmire Meadows per that certain Plat recorded in the office of the Thurston County Auditor on day of 2001 under Thurston County Auditor's Fee # .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 Property. 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 4 herein, are allowed. Section 2. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said activity be in compliance with the City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same may be conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a matter (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential constn~ction as described in Section 1, nor shall any thing be done on any residential lot which may be or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be permitted on any street, sidewalk or other public area. Section 3. Automobiles Boats Trucks, Trailers, Recreational Vehicles. The streets within the plat shall not be used for over night parking of any vehicles 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 aperiod inexcess offorty-eight (48) hours 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 a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 4. 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 5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or a 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 6. 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 7. Building Setback No building or detached structure (with the exception offences as described in Section 8 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house, nor nearer than ten (10) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet 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 chain link fences are allowed except black chain link and poles and in the rear yards only. 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 14 and 15 where necessary. Section 9. 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 mange or interfere with the installation and maintenance of utilities, or which mange 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 10. Sims. 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 30 days prior to any election or primary election day and 30 days following election or primary election day. Section 11. Oil and Mining_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, tunnels, mineral excavations or shafts be permitted 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 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. 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 ti 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 14. 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, 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 condition. Section 15. 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 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. No siding shall be diagonal. All metal fireplace chimneys shall be wrapped in either wood or stone. The entire house must be painted or stained approved colors. The colors shall be consistent with and in general conformity to the remainder of the neighborhood. The idea is that colors that are very bright, provocative or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Northwest Housing Development. An owner wishing to change the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be unreasonably withheld. Section 18. 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 19. 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 20. Landscaping. The builder shall install or have installed prior to the occupancy of any home, landscaping of the front and at least one half way through the side yards. The front yards shall be grass to the gravel parking strip (if one is desired) next to the street 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 21. Oren Space. Open space Tracts shall be dedicated to a Homeowners Association, and the Homeowners Association shall be responsible for maintaining the open space and maintaining the Stormwater Drainage Facilities and the access within the plat. Section 22. Owners Easements and Enioyment. 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 every Lot, subject to the following provisions; (a) The right of the Association to 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 {213) of each class of members has been R recorded. Section 23. 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 ov~med. 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, 2005. Section 4. FHA/VA Approval. 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, a for each lot owned within the Properties, hereby covenarrts, 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 Common Areas, including the maintenance of Stormwater Facilities, landscaping and access road for the payment of reasonable costs to the association for insurance, accounting or legal fees. Section 3. Maximum Annual Assessment. Until December 31, 2004, the maximum annual assessment shall be Two Hundred Dollars ($200.00) per lot. {a) From and after December 31, 2004, 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 ~~provements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment ~n 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 maybe 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 a uniform rate 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, 11 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 rts 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 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 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 liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 1 1. 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 AND OPEN SPACE Section L Maintenance Covenant. Easements are hereby granted for the installation, i~ inspection, and maintenance of utilities, access road, drainage facilities and open space as delineated on the plat of Longmire Meadows, 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 storm drainage facilities, including all expenses shall be paid by the Homeowners Association. In the event the Homeowners Association, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Homeowners Association or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unusable, the Homeowners Association or successors agree to the following remedy: After thirty (30) days notice by registered mail to the Homeowners 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 bylaw 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 Longmire Meadows 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) In consideration of conveyance of Tract(s) to the Homeowners Association, the Homeowners Association hereby covenants and agrees to maintain in good order and repair the storm water facilities and streets, located in designated tracts 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 i~ Yelm the facilities are not maintained to the county standards, a fee maybe 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 Homeowners 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 on- site 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 and streets shall be completed as outlined in Exhibit A. Section 4. The Longmire Meadows Homeowners Association shall provide the storm drainage and street 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 Exhibit A. ARTICLE VII No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designed Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be req ' nd this Article will be deemed ~~~,, ~a to have been fully complied with. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, Longmire Meadows 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 (Longmire Meadows 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 Longmire Meadows 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, Longmire Meadows 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 the Thurston County. 1 F IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 2001. CARL D. TEITGE President and Secretary of Carl D. Teitge Development, Inc. ROBERT A. BUSSEY President and Secretary of Robert A. Bussey Investments, inc. STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Carl D. Teitge and Robert A. Bussey, to me known to be the President and Secretary, respectively, of CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 17 Fxhitrit !~ In Thurston County, Washington PARCEL A: Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg St. with Northerly line of Van Trurnp St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Southerly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. PARCEL B: That part of the Southwest quarter of tl~e Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37" 56' East 170 feet from the most Northerly corner of Solberg's First Addition to Yelm, according to pint recorded in Volume 9 of flats, page 31; running thence North 52° 04' West 200 feet; thence Nortfr 37" 5G' East 250 feet to tl~e Southwesterly line of Coates Street; thence South 52" 04' East along said Southwesterly line of Coates Street 200 feet; thence South 37" 5G' West 2.50 feet to the point of beginning. Together with vacated Stevens Street from the center line that abutted Parcel A and Parcel B. ~SKILLINGS ~connouY Consulting Engineers ,``.._.i ~.~. PO Box 5080, Lacey, WA 98509-5080 , ~' ~ v ~' Z®Q~ (360) 491-3399 FAX (360) 491-3857 TO ~//i ~ c, ~ ~~--~-~ ~ ~~ WE ARE SENDING YOU ^ Attached ^ Under separate cover via ^ Shop drawings ^ Prints ^ Plans ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below ^ For approval ^ Approved as submitted ^ For your use ^ Approved as noted ^ As requested ^ Returned for corrections ^ For review and comment ^ ^ FOR BIDS DUE _ 20 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS ~, - ,~ ~_ , ...3 h -;`jam ~ L z.. 7 c'_ -~...~~7 ~- a '~ ~`1 /rn %• -,,. ,a: ~-i. «G .~. COPY TO SIGNED`'.--~ ,.~-- ( `°'/.-.''f„~. -,~,; ,!~ If onnlnciiroe ara not ac noted kindly nntifv t nnre. ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints LETTER OF TRANSMITTAL DATE ~/ ~ 3 Q _ ~~ JOB NO. ATTENTION RE the following items: ^ Samples ^ Specifications ~~ ~'~' __= Closures - Prepared using Survey/Civil Solutions for AutoCAD _~_~ Prepared: 10;31/2001 ~ra-aing: 2040Sf2R. dwg ---------------------------------------------------- LC~:~Gi`~1IRE MEADCr^ic Lot 1 Bearing ----------- Distance - ---------- ---- Northing ---------- -- Easting ------------ 10126.871 4518.194 Start (POB) S 52ro04'UO" E 48.50 10097.056 4556.447 N 37m56'00" E 99.00 10175.140 4617.306 N 52ra04'00" W 48.50 10204.955 4579.053 S 37m56'00" W 99.00 10126.871 4518.194 East 0.00 10126.871 4518.194 ---- ---------- -- 10126.871 ------------ 4518.194 Close (POB) Area: 4,802 S.F. 0.110 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD .:.-e Prepared: 10/31/2001 _._ wing: 204OS2R. dwg ---------------------------------------------------- ~.: C~J1RE MEADOivS Lot 2 Bearing ----------- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 10175.140 4617.306 Start S 52m04'00" E 48.50 10145.325 4655.560 S 37m56'00" W 99.00 10067.241 4594.700 N 52r~04'00" W 48.50 10097.056 4556.447 N 37s~56'00" E 99.00 10175.140 4617.306 East 0.00 ---- 10175.140 ---------- -- 4617.306 ---- 10175.140 -------- 4617.306 Close Area: 4,802 S.F. 0.110 Acres (POB) (POB) ~_~ Closures - Prepared using Survey/Civil Solutions for AutoCAD _~_= Prepared: 10/31/2001 --w;aing: 2040SF.?R. dwg ~_i~GMIRE MEADC6S _ot 3 Bearing ----------- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 10145.325 4655.560 Start S 52004'00" E 99.00 10084.465 4733.644 S 37056'00" Gv' 56.00 10040.297 4699.218 N 52004'00" W 99.00 10101.156 4621.134 N 37056'00" E 56.00 10145.325 4655.560 East 0.00 ---- 10145.325 ---------- -- 4655.560 ----- 10145.325 ------- 4655.560 Close Area: 5,544 S.F. 0.127 Acres (POB) (POB) of Closures - Prepared using Survey/Civil Solutior_s for AutoCAD ~~~e Prepared: 10/31/2001 ~a,ving: 20=0S=1R. dwg LG`iGi~IIRE MEADvWS Lot 4 Bearing Distance Northing Fasting 10101.156 4621.134 Start S 52ra04' 00" E 99.00 10040.297 4699.218 S 37m56' 00" W 48.00 10002.438 4669.710 N 52m04' 00" tia 99.00 10063.297 4591.626 N 37856' 00" E 48.00 10101.156 4621.134 East 0.00 10101.156 4621.134 ---- ---------- -- 10101.156 ------------ 4621.134 Close Area: 4, 752 S.F. 0.109 Acres (POB) (POB) ~cr_ Closures - Prepared using Survey/Civil Solutions for AutoCAD =~.~e Prepared: 10/31/2001 _ _~~aing: 2040Sri2R.dwg ---------------------------------------------------- ? i~:-':jv~?IRE MEADOt~vS Lot 5 Bearing Distance Northing Fasting 10063.912 4590.838 Start S 52004' 00" E 100.00 10002.438 4669.710 S 37056' 00" W 48.00 9964.579 4640.203 N 52004' 00" G4 100.00 10026.053 4561.330 N 37056' 00" E 48.00 10063.912 4590.838 East 0.00 10063.912 4590.838 10063.912 4590.838 Close Area: 4, 800 S.F. 0.110 Acres (POB) (POB) ~~t Closures - Prepared using Survey/Civil Solutions for AutoCAD =~~e Prepared: 10/31/2001 _.'-_tiaing: 2040SH2R. dwg ---------------------------------------------------- G1GIIIRE M_ADO;°aS Lot 6 Bearing -------- --- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 10026.053 4561.330 Start S 52004' 00" E 100.00 9964.579 4640.203 S 37056' 00" W 48.00 9926.720 4610.695 N 52004' 00" W 100.00 9988.194 4531.822 N 37056' 00" E 48.00 10026.053 4561.330 East 0.00 - 10026.053 4561.330 - -- ---------- -- 10026.053 ------------ 4561.330 Close Area: 4, 800 S.F. 0.110 Acres (POB) (POB) ~c_ Closures - Prepared using Survey/Civil Solutions for AutoCAD _.~_a Prepared: 10/31/2001 --~~aing: 204CS~=P.. dwg ---------------------------------------------------- _;.~2dGMIRE N?EAD~`°'S Lot 7 Bearing -------- --- - -- Distance -------- Northing Fasting ---- ---------- -- 9988.194 ------------ 4531.822 Start S 52sa04' 00" F 100.00 9926.720 4610.695 S 37¢56' 00" W 48.00 9888.861 4581.187 N 5204' 00" W 100.00 9950.335 4502.315 N 37m56' 00" F 48.00 9988.194 4531.822 East 0.00 ----- 9988.194 --------- -- 4531.822 ------- 9988.194 ----- 4531.822 Close Area: 4, 800 S.F. 0.110 Acres (POB) (POB) __- Closures - Prepared using Survey/Civil Solutions for AutoCAD _~..e Pre_pared: 10/31/2001 _.~..;aing: 2040SH2R. dwg 1~-~.iC;MIRE MEADOG~~S Lot 8 Bearing -------- --- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 9950.335 4502.315 Start S 52ra04' 00" E 100.00 9888.861 4581.187 S 37m56' 00" W 48.00 9851.002 4551.680 N 52ra04' 00" b~~ 100.00 9912.476 4472.807 N 37m56' 00" E 48.00 9950.335 4502.315 East 0.00 9950.335 4502.315 ---- ---------- -- 9950.335 ------------ 4502.315 Close Area: 4, 800 S.F. 0.110 Acres (POB) (POB) -~_ Closures - Prepared using Survey/Civil Solutions for AutoCAD ~~~e Prepared: 10/31/2001 __ ;swing: 2040SH2R.dwg ---------------------------------------------------- ~C%IiG[~?I RE MEADO,°iS mot 9 Bearing -------- --- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 9912.476 4472.807 Start S 52x04' CO" E 100.00 9851.002 4551.680 S 37x56' 00" W 49.50 9811.960 4521.250 N 52x04' 00" G~ 100.00 9873.434 4442.377 N 37x56' 00" E 49.50 9912.476 4472.807 East 0.00 9912.476 4472.807 ---- ---------- -- 9912.476 ------------ 4472.807 Close Area: 4, 950 S.E. 0.114 Acres (POB) (POB) ~~t Closures - Prepared using Survey/Civil Solutions for AutoCAD ~a`e Prepared: 10/31/2001 ~ra~>>ing: 2040SH2R. dwg ---------------------------------------------------- ~'t~=i~1IRE I~IE jDO~z'S Lot 10 Bearing Distance Northing Fasting 9811.960 4521.250 Start S 37x56' 00" w 49.50 9772.918 4490.820 N 52x04' 00" W 100.00 9834.392 4411.947 N 37x56' 00" E 49.50 9873.434 4442.377 S 52x04' 00" E 100.00 9811.960 4521.250 East 0.00 ---- 9811.960 ---------- -- 4521.250 ------------ 9811.960 4521.250 Close Area: 4, 950 S.F. 0.114 Acres (POB) (POB) _~ Closures - Prepared using Survey/Civil Solutions for AutoCAD _:,_~ Prepared: 10/31/2001 ~~ a:aing: 2040Sr'_2R. dwg ---------------------------------------------------- 0`?GMIRE MEADOWS Lot 11 Bearing Distance Northing Fasting 9772.918 4490.820 Start S 37056' 00" G~? 48.00 9735.059 4461.312 N 52004' 00" L4 100.00 9796.534 4382.440 N 37056' 00" E 48.00 9834.392 4411.947 S 52004' 00" E 100.00 9772.918 4490.820 East 0.00 9772.918 4490.820 ----- --------- -- 9772.918 ------------ 4490.820 Close Area: 4, 800 S.F. 0.110 Acres (POB) (POB) Lct Closures - Prepared using Survey/Civil Solutions for AutoCAD Dare Prepared: 10/31/2001 ^ru~•aing: 2040SH2R. dwg ---------------------------------------------------- LC`~iGN?IRE MEADOWS Lot 12 Bearing ----------- - -- Distance -------- ----- Northing --------- -- Fasting ------------ 9796.534 4382.440 Start S 52004'00" E 100.00 9735.059 4461.312 S 37056'00" W 48.00 9697.200 4431.805 N 52004'00" W 100.00 9758.675 4352.932 N 37056'00" E 48.00 9796.534 4382.440 East 0.00 ----- 9796.534 --- ----- -- 4382.440 --------- - 9796.534 --- 4382.440 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) Lo Closures - Prepared using Survey/Civil Solutions for AutoCAD ^~-e Prepared: 10/31/2001 _ _.,:ing: 2 C4 CSC:=R. dwg ---------------------------------------------------- L~.2iCMIRE MEADOi-•7S Lot 13 Bearing ----------- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 9758.675 4352.932 Start S 52m04'00" E 100.00 9697.200 4431.805 S 37m56'00" W 56.00 9653.032 4397.379 N 52m04'00" W 100.00 9714.506 4318.506 N 37m56'00" E 56.00 9758.675 4352.932 East 0.00 9758.675 4352.932 ---- ---------- -- 9758.675 ------------ 4352.932 Close Area: 5,600 S.F. 0.129 Acres (POB) (POB) ~~_ Closures - Prepared using Survey/Civil Solutions for AutoCAD _.~~e Prepared: 10/31/2001 _~ ~:aing: 2040Sr2R.dwg ---------------------------------------------------- LOi'~MIRE N?EADObvS Lot 14 Bearing ----------- - -- Distance -------- ----- Northing --------- -- Fasting ------------ 9822.886 4342.122 Start S 52004'00" E 48.00 9793.379 4379.981 S 37,056'00" W 100.00 9714.506 4318.506 N 52004'00" W 48.00 9744.014 4280.648 N 37056'00" E 100.00 9822.886 4342.122 East 0.00 ----- 9822.886 --------- -- 4342.122 -- 9822.886 - --------- 4342.122 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) ~~t Closures - Prepared using Survey/Civil Solutions for AutoCAD _.~_e Prepared: 10/31/2001 _= usa~ r.g: 20=ACS'^~R. dwg ---------------------------------------------------- Lot 15 Bearing ----------- - -- Distance -------- ----- Northing --------- -- Fasting ------------ 9852.394 4304.263 Start S 52004'00" E 48.00 9822.886 4342.122 S 37056'00" ti~ 100.00 9744.014 4280.648 N 52004'00" Gd 48.00 9773.521 4242.789 N 37056'00" E 100.00 9852.394 4304.263 East 0.00 9852.394 4304.263 ----- --------- -- 9852.394 ------------ 4304.263 Close Area: 4,800 S.F. 0.110 Acres (POB) (POB) ~~= Closures - Prepared using Survey/Civil Solutions for AutoCAD ~~_a Prepared: 10/31/2001 ~_~;aing: 2040SnR.dwg ---------------------------------------------------- _C%'~CtI1RE I~1E AD06~'S Lot 16 Bearing Distance Northing Fasting 9882.209 4266.010 Start S 52004' 00" E 48.50 9852.394 4304.263 S 37056' 00" W 100.00 9773.521 4242.789 N 52004' 00" W 48.50 9803.336 4204.535 N 37056' 00" E 100.00 9882.209 4266.010 East 0.00 ----- 9882.209 --------- - 4266.010 -- - 9882.209 - --------- 4266.010 Close Area: 4, 850 S.F. 0.111 Acres (POB) (POB) Lc~ Closures - Prepared using Survey/Civil Solutions for AutoCAD ~a~e Prepared: 10/31/2001 ~ra~-aing: 20405: 2R. dwg ---------------------------------------------------- _0^?GMIRE MEADO'~u5 Lot 17 Bearing Distance Northing Fasting 9912.024 4227.756 Start S 52004' 00" E 48.50 9882.209 4266.010 S 37056' 00" w 100.00 9803.336 4204.535 N 52004' 00" W 48.50 9833.151 4166.282 N 37056' 00" E 100.00 9912.024 4227.756 East 0.00 ---- 9912.024 ---------- -- 4227.756 ----- 9912.024 ------- 4227.756 Close Area: 4, 850 S.F. 0.111 Acres (POB) (POB) Lo`. Closures - Prepared using Survey/Civil Solutions for AutoCAD G-e Prepared: 10/31/2001 - = ::i1i ng: 20 4 OS:"'R. dwg ---------------------------------------------------- L~'_OMIRE MEADOWS Lot 18 Bearing Distance Northing Fasting 9938.968 4123.238 Start S 52004' 00" E 99.00 9878.109 4201.322 S 37056' 00" W 57.00 9833.151 4166.282 N 52004' 00" W 99.00 9894.011 4088.198 DI 37056' 00" E 57.00 9938.968 4123.238 East 0.00 ----- 9938.968 -------- 4123.238 - -- 9938.968 ------------ 4123.238 Close Area: 5, 643 S.F. 0.130 Acres (POB) (POB) __- Closures - Prepared using Survey/Civil Solutions for AutcCAD -.-. _e Prepared: "_0/31/2001 ~,aing: 2040S:y ^ R. dwg -~`~SMZRE MEADOi~'S Lot 19 Bearing ----------- - -- Distance -------- ----- Northing --------- -- Fasting ------------ 9938.968 4123.238 Start T1 37056'00" E 49.50 9978.010 4153.668 S 52004'00" E 100.00 9916.536 4232.541 S 37056'00" W 6.50 9911.409 4228.545 ra 52004'00" W 1.00 9912.024 4227.756 S 37056'00" W 43.00 9878.109 4201.322 N 52004'00" W 99.00 9938.968 4123.238 East 0.00 9938.968 4123.238 ----- --------- -- 9938.968 ------------ 4123.238 Close Area: 4,907 S.F. 0.113 Acres (POB) (POB) Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD C'a~a Prepared: 10/31/2001 _-_a~;~ing: 2040SH2R.dwg ~Ct]GMIRE MEADOW'S Lot 20 Bearing Distance Northing Fasting 9978.010 4153.668 Start Di 37056' 00" F 49.50 10017.052 4184.098 S 52004' 00" E 100.00 9955.578 4262.971 S 37056' 00" W 49.50 9916.536 4232.541 N 52004' 00" W 100.00 9978.010 4153.668 East 0.00 ---- 9978.010 -- --- 4153.668 - ---- -- 9978.010 ------------ 4153.668 Close Area: 4, 950 S.F. 0.114 Acres (POB) (POB) :.~- Closures - Prepared using Survey/Civil Solutions for AutoCAD _:~..e Prepared: 10/31/2001 __-a .ai_ng: 2040SH2R.dwg ---------------------------------------------------- _C'_GNIIRE MEADOG~TS 1~ct 21 Bearing -------- --- - -- Distance -------- ---- Northing --- - Fasting - ----- -- 10017.052 ------------ 4184.098 Start I~1 37056' 00" E 49.50 10056.094 4214.528 S 52004' 00" E 100.00 9994.620 4293.401 S 37056' 00" W 49.50 9955.578 4262.971 N 52004' 00" W 100.00 10017.052 4184.098 East 0.00 10017.052 4184.098 ---- ---------- -- 10017.052 ------------ 4184.098 Close Area: 4, 950 S.F. 0.114 Acres (POB) (POB) __~ Closures - Prepared using Survey/Civil Solutions for AutoCAC ~.:~e Prepared: 10/31/2001 Dra:aing : 204 OSH2R. dwg ---------------------------------------------------- O~i~D4IRE MFP_DGPdS mot 22 Bearing -------- --- - -- Distance -------- ---- Northing ---------- -- Fasting ------------ 10056.094 4214.528 Start S 52004' 00" E 100.00 9994.620 4293.401 N 37056' 00" E 49.50 10033.662 4323.830 N 52004' 00" w 100.00 10095.136 4244.958 S 37056' 00" ~J 49.50 10056.094 4214.528 East 0.00 ---- 10056.094 ---------- -- 4214.528 ------ 10056.094 ------ 4214.528 Close Area: 4, 950 S.F. 0.114 Acres (POB) (POB) pct. Closures - Prepared using Survey/Civil Solutions for AutoCAD Jaya Prepared: 10/31/2001 .rw~:aing: 2040S42R.dwg ---------------------------------------------------- l~':~GMIRE MEADO4vS Lot 23 Bearing -------- --- - -- Distance -------- ---- Northing ---------- -- Fasting ----------- 10033.662 - 4323.830 Start S 52a~04' 00" E 50.00 10002.925 4363.267 S 37ra56' 00" W 105.00 9920.108 4298.719 N 52m04' 00" W 50.00 9950.846 4259.282 N 37ra56' 00" E 105.00 10033.662 4323.830 East 0.00 ---- 10033.662 ---------- -- 4323.830 ------- 10033.662 ----- 4323.830 Close Area: 5, 250 S.F. 0.121 Acres (POB) (POB) ~_= Closures - Prepared using Survey/Civil Solutions for AutoCAD .a .e Prepared: 10/31/2001 C~=.:aing: 2040SH2R.dwg ---------------------------------------------------- L~J_~:GI~~IRE MEADOWS Lot -?-4^ -T /c /, ~- "r .Q Bearing -------- ---- - Distance --------- ---- Northing ---------- -- Fasting ------------ 10095.136 4244.958 Start N 37056' 00" E 20.00 10110.911 4257.252 S 52004' 00" ~ 196.00 9990.421 4411.843 N 37056' 00" E 173.00 10126.871 4518.194 S 52004' 00" E 97.00 10067.241 4594.700 S 37056' 00" W 5.00 10063.297 4591.626 N 52004' 00" W 1.00 10063.912 4590.838 S 37056' 00" W 343.00 9793.379 4379.981 DI 52004' 00" W 192.00 9911.409 4228.545 N 37056' 00" E 50.00 9950.846 4259.282 S 52004' 00" E 50.00 9920.108 4298.719 N 37056' 00" E 105.00 10002.925 4363.267 N 52004' 00" W 150.00 10095.136 4244.958 East 0.00 ---- 10095.136 ---------- -- 4244.958 --- 10095.136 --------- 4244.958 Close Area: 46 ,963 S. F. 1.078 Acres (POB) (POB) __~ Closures - Prepared using Survey/Civil Solutions for AutoCAD "~~a_e Prepared: 10/31/2001 _.awing: 2040S~i2B.dwg C!ACti1IRE MEADOWS Lot 25 ~v?~~V.i'~+~~j Bearing ------------ Distance ---------- Northing -------------- -- Fasting ------------ 10113.370 4254.098 Start S 52004'00" E 200.00 9990.421 4411.843 N 37056'00" E 275.00 10207.321 4580.897 S 52004'00" E 200.00 10084.373 4738.643 S 37056'00" W 550.00 9650.573 4400.534 N 52004'00" W 400.00 9896.470 4085.043 N 37056'00" E 275.00 10113.370 4254.098 East 0.00 10113.370 ------------- 4254.098 - -- 10113.370 ------------ 4254.098 Close Area: 165,000 S.F. 3.788 Acres (POB) (POB) ,~ CITY OF YELM per„ COMMIJNiTY IlEVE~,OPIVYE~ Y3EI~ARTMEN~' PO BOX 479 -105 YELM AVE W YEY.M ~'VA 98597 {36U) 458-3835 FAX: (360) 458-3144 .u~..u~raraN TO: PAT FOX DATE: NOVEMBER 19, 2001 FAX #: 360-491-3557 PAGES: 6, including this cover sheet. FROM: ROBERTA ALLEN $UBJ$C'T: S'[7B-01-8296-Y"L C011~I1~IENTS: On 11/16, 2001, I sent an Application for Final Plat, map, and Lot Closures far SUB-01-8296-YL, far Carl D. Teitge Deg. Inc. Har~vever, I neglected to include the Title Report. A copy of that report is attached. If you have any questions, please feel free to call me at 360-458-3$35. * * YF YOU DO NOT RECEIVE ALL COPIES, OR ANY COP7t IS NUT LECYIBLE, PLEASE CALL (360) 458-3835 AS SOODT A3 PUSSYBt.E. C:1Communiry DevelopmeatlProject Files45UB Fill Plat Subd[Wisirns18296 IAngmire Meadows finaRFAX Titte Report.doe ****s~x -bb~£ 89b 09£ - :a~ - A34 WW00 Wl3A- ~*s*~~*sit.~***~***:~~~~~~~x**~x~s~~~~****~~~*~~**:*s*******~~*a - Aid WW00-Wl3A 30 A110- 6b~10~00 900f900 158£G6b6 ~0 X00 uo!}eana sa8ed 'oN lal f aweN uo!}e}S 'oN d88tl wwo0 'oN u}S 90~ZL 6~-noN ~ Pu3 ti0~d~ 6G-noN : ~ae~S 0£L ~ 'oN a i ! 3 uo!ss!wsueal ,teowaW : 34pW ss ~0 abed ~*~****~~ 90~ZG 3W11 ~*~~ ~OOZ-6~-noN 31tl4 ~*~~a~~~:z~~~~~*x*~*****:~s~:*x~******~$ - ltlN~(10(' 'WW00 - **~x***~s~ OF THE ~~ 4 • /M7 wAMi1NOTON FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 TO: PAT FOX FAX #: 360-491-3857 FROM: ROBERTA ALLEN SUBJECT: SUB-Ol-8296-YL COMMENTS: DATE: NOVEMBER 19, 2001 PAGES: 6, including this cover sheet. On 11/16, 2001, I sent an Application for Final Plat, map, and Lot Closures for SUB-Ol-8296-YL, for Carl D. Teitge Dev. Inc. However, I neglected to include the Title Report. A copy of that report is attached. If you have any questions, please feel free to call me at 360-458-3835. * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 AS SOON AS POSSIBLE. C:\Community Development\Project Files\SUB Full Plat Subdivision\8296 Longmire Meadows final\FAX Title Report.doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Dan Johnson, Thurston County Assessor From: Roberta Allen Date: November 19, 2001 Re: SUB-Ol-8296-YL On Friday, November 16, 2001, I mailed an Application for Final Plat, Map (copy enclosed), and Lot Closures for SUB-01-8296-YL, for Carl A Teitge Dev. Inc, and Robert A. Bussey Inv. Inc. However, I neglected to include a copy of the Title Report. That document is enclosed. If you have any questions, please fee free to call me at 360-458-3835. C:1Community Development\Project Files\SUB Full Plat Subdivision\8296 Longmire Meadows linal\Assessor memo.doc ~_ - ~_ , , ~ a~._ ~ ,~_. i °, 'f' ', ', ~' ~ w, k _ ~,~ , ~- t' ~t ~, ~~ ~ t A ~ ~~ _ ~• \~ (" ~ a„_ r r ~~ 4 , ~ ~ ^ ! i ~r~ \, _ - ,- ~w~~ ?,fib p ~ • Cit o Yelm y 105 Yelm Avenue West P.O. Box 479 NOS ~ ~ 2~~~ Y E L M Yelm, Washington 98597 wwsMOwrow (360) 458-3244 ~~~:~ !-~SSFSSOR DEVELOPMENT REVIEW -COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-8408 DATE: NOVEMBER 16, 2001 APPLICANT: CARL D. TEITGE DEV. INC CASE #: SUB-01-8296-YL & ROBERT A. BUSSEY INV. INC. PROJECT LOCATION: Longmire, Solberg, Van Trump & Coates Streets, Yelm, WA PROJECT SUMMARY: Final Plat Approval The enclosed project information is for your review. Please provide written comments or recommendations to Cathie Carlson by December 4, 2001. Your comments will become part of the record, and utilized in the decision-making process by staff, Planning Commission, or City Council. TYPE OF APPLICATION: PROPOSED Site Plan Review Planned Residential Development )( FINAL Preliminary Plat Mixed Use Planned Development ADMINISTRATIVE X Final Plat Master Planned Development PLANNING COMMISSION Short Plat Home Occupation(s) CITY COUNCIL Conditional Use Short Subdivision X Boundary Line Adjustment Mobile Home Park Tn: X City Administrator Thurston County Environmental Health X Puget Sound Energy X Community Development Director Olympic Air Pollution Control Authority X Viacom Cable X City Engineer WA Dept. Fish & Wildlife -Jim Frasier Adjacent Property Owners X Building Department Nisqually Indian Tribe X US Post Office - Yelm City Clerk LC .Thurston County Assessor Department of Ecology X Public Works Supervisor WSDOT X Yelm Chamber of Commerce X Fire Department Intercity Transit X Applicant's Engineer X Police Department X School District X Applicant Adjacent Jurisdiction X YCOM Networks Yelm Parks Advisory Committee X Thurston County CapCom X LeMay Garbage Service X + LC Reviewing Surveyor C:ICommunity DevelopmenP,Project FileslSUB Full Plat Subdivision\t3296 Longmire Moadows finallFinal Plat Application Distribution Memo.doc / ~~F T~ p YELM wwsM~waroN City of Yelm lOS Yelm Avenue y~a~t P.O. Box 479 Yelm, Washington CATHIE CARLSON, (360) 458-324 COMMUNITY DEVELOPMENT DIRECTOR DEVELOPMENT REVIEW -COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-8408 DATE: NOVEMBER 16, 2001 APPLICANT: CARL D. TEITGE DEV. INC CASE #: SUB-01-8296-YL & ROBERT A. BUSSEY INV. INC. PROJECT LOCATION: Longmire, Solberg, Van Trump & Coates Streets, Yelm, WA PROJECT SUMMARY: Final Plat Approval The enclosed project information is for your review. Please provide written comments or recommendations to Cathie Carlson by December 4, 2001. Your comments will become part of the record, and utilized in the decision-making process by staff, Planning, Commission, or City Council. ,.: . TYPE OF APPLICATION: PROPOSED Site Plan Review Planned Residential Development )( FINAL Preliminary Plat Mixed Use Planned Development ADMINISTRATIVE X Final Plat Master Planned Development PLANNING COMMISSION Short Plat Home Occupation(s) CITY COUNCIL Conditional Use Short Subdivision )( Boundary Line Adjustment Mobile Home Park TO: X City Administrator Thurston County Environmental Health X Puget Sound Energy X Community Development Director.. Olympic Air Pollution Control Authority X Viacom Cable X City Engineer WA Dept. Fish & Wildlife -Jim Frasier Adjacent Property Owners X Building Department Nisqually Indian Tribe X US Post Office -Yelm City Clerk LC .Thurston County Assessor Department of Ecology X Public Works Supervisor WSDOT X Yelm Chamber of Commerce X Fire Department Intercity Transit X Applicant's Engineer X Police Department X School District X Applicant Adjacent Jurisdiction X YCOM Networks Yelm Parks Advisory Committee X Thurston County CapCom X LeMay Garbage Service X + LC Reviewing Surveyor C:\Cnmmunity Development\Project Files\SUB Full Plat Subdivision\8296 Longmire Meadows rinah,Final Plat Application Distribution Memo.doc ~pf Tlt~ p YELM ww~~MaroN City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 DEVELOPMENT REVIEW -COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-8408 DATE: NOVEMBER 16, 2001 APPLICANT: CARL D. TEITGE DEV. INC CASE #: SUB-01-8296-YL & ROBERT A. BUSSEY INV. INC. PROJECT LOCATION: Longmire, Solberg, Van Trump & Coates Streets, Yelm, WA PROJECT SUMMARY: Final Plat Approval The enclosed project information is for your review. Please provide written comments or recommendations to Cathie Carlson by December 4, 2001. Your comments will become part of the record, and utilized in the decision-making process by staff, Planning Commission, or City Council. TYPE OF APPLICATION: PROPOSED Site Plan Review Planned Residential Development X FINAL Preliminary Plat Mixed Use Planned Development ADMINISTRATIVE X Final Plat Master Planned Development PLANNING COMMISSION Short Plat Home Occupation(s) CITY COUNCIL Conditional Use Short Subdivision X Boundary Line Adjustment Mobile Home Park TO: X City Administrator Thurston County Environmental Health X Puget Sound Energy X Community Development Director Olympic Air Pollution Control Authority X Viacom Cable X City Engineer WA Dept. Fish & Wildlife -Jim Frasier Adjacent Property Owners X Building Department ' Nisqually Indian Tribe X US Post Office -Yelm City Clerk LC Thurston County Assessor Department of Ecology X Public Works Supervisor WSDOT X Yelm Chamber of Commerce X Fire Department Intercity Transit X Applicant's Engineer X Police Department X School District X Applicant Adjacent Jurisdiction X YCOM Networks Yelm Parks Advisory Committee X Thurston County CapCom X LeMay Garbage Service LC Reviewing Surveyor.. C:1Community Development~,Project Files\SUB Full Flat Subdivision\8296 Longmire Meadows finallFinal Plat Application Distribution Memo.doc / ~,OF T~ A YELM wn.~wu+aroN City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 DEVELOPMENT REVIEW -COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-8408 DATE: NOVEMBER 16, 2001 APPLICANT: CARL D. TEITGE DEV. INC CASE #: SUB-01-8296-YL & ROBERT A. BUSSEY INV. INC. PROJECT LOCATION: Longmire, Solberg, Van Trump & Coates Streets, Yelm, WA PROJECT SUMMARY: Final Plat Approval The enclosed project information is for your review. Please provide written comments or recommendations to Cathie Carlson by December 4. 2001. Your comments will become part of the record, and utilized in the decision-making process by staff, Planning Commission, or City Council. TYPE OF APPLICATION: PROPOSED Site Plan Review Planned Residential Development X FINAL Preliminary Plat Mixed Use Planned Development ADMINISTRATIVE X Final Plat Master Planned Development PLANNING COMMISSION Short Plat Home Occupation(s) CITY COUNCIL Conditional Use Short Subdivision X Boundary Line Adjustment Mobile Home Park TO: X City Administrator Thurston County Environmental Health X Puget Sound Energy X Community Development Director Olympic Air Pollution Control Authority X Viacom Cable X City Engineer WA Dept. Fish & Wildlife -Jim Frasier Adjacent Property Owners X Building Department Nisqually Indian Tribe X US Post Office -Yelm City Clerk LC Thurston County Assessor Department of Ecology X Public Works Supervisor WSDOT X Yelm Chamber of Commerce X Fire Department Intercity Transit X Applicant's Engineer X Police Department X School District X Applicant Adjacent Jurisdiction X YCOM Networks Yelm Parks Advisory Committee X Thurston County CapCom X LeMay Garbage Service LC Reviewing Surveyor, C:\Community Development\Project Files\SUB Full Plat Subdivision\8296 Longmire Meadows finallFinal Plat Application Distribution Memo.doc ~OF T~A~ ~o ~. ~t~.t . ~ -~ YELM wnsHU~crow November 8, 2001 City of Yelm 105 Yelm Avenue West P.O. Boz 479 Yelm, Washington 98597 (360) 458-3244 Robert Bussey Carl D. Teitge Development Inc. 157 Lemieux Lane Tenino, Washington 98589 RE: Longmire Meadows Final Construction Punchlist .City of Yelm Project No. SUB-01-8296-YL Dear Mr. Bussey: I have received your final punch list application for the above reference project. On November 8, 2001, 1 completed the final walk through of your project. The following is a list of items that need to be resolved before the final punch list will be completed. This list may not be complete due to the continued construction on the site. Roadway and Grading: 1. The roadways, sidewalks and gutters need to be cleaned off. 2. The roadway monuments have not been installed. 3. The stop signs need to be installed on Van Trump Rd. _. 4. The stop bars need to be painted on Van Trump Rd. 5. The 25 MPH sign needs to be installed on Solberg St. 6. All the catch basins in pavement need to be stenciled. This stencil can be located at the Public Works Office or contact Tim Peterson at 458-8410. 7. There needs to be at least 1 foot of level fill behind the all sidewalks. This to keep pedestrians from falling off the inside of the sidewalk. 8. The mailboxes need to be installed in the approved locations. Sewer System - 1. The toning wire has not been provided for lots 5 and 6 valve boxes. 2. The toning wire has not been provided for lot 16. 3. The valve box must be adjusted to operate the valve on lot 16. 4. Remove the dirt from the "end of line cleanout valve box" located in front of lot 17 on Van Trump St. Stormwater System 1. The silt tees have not been installed or fell off the pipe in the required catchbasins. Please reattach or install these tees. 2. During the inspection I was unable to determine if the catchbasin sumps have been cleaned out or not. Please clean out the catchbasin sumps. It would be best to have myself on site when this is completed before the sumps fill back up with water. Also when the grates are removed please clean out debris between the rims and grate. 3. The rims need to be grouted to the catchbasins. This can be accomplished from the inside of the catchbasin. 4. The infiltration pond bottom needs to be disked or graded to remove the compacted areas where equipment has compacted the infiltration surface. These compacted areas will affect infiltration capacities. Surveying 1. All lot corners need to be set and capped. 2. All roadway monuments need to be set and punched. Landscaping. 1. The wooden fence has had a couple of boards fall out. Please reattach these boards. 2. Street trees have not been planted. Trees must be planted before the punchlist will be approved 3. The planter islands must be filled with topsoil and grass well established before the final plat approval is granted. 4. The miscellaneous garbage and construction waste needs to be removed from the site. Water System 1. Raise valve boxes to top of grade at Solberg and Van Trump St. 2. Install meter setters and meter boxes. Planning: 1. Submit 11 "x17" copy of the plat map. 2. The asbuilt drawings need to be submitted. 3. The approved AutoCAD asbuilt drawings must also submitted before final plat approval. 4. You need to submit an updated landscape and irrigation plan. After you have completed this construction punch list, I will reinspect the project. If you have any questions please call me at (360) 458-8438. 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Teitge Development Inc. and Robert A. Bussey Investments Inc. are the owners of all new sewer, water, road and stormwater improvements in the City of Yelm existing right of ways and in the easements that serve the Plat of Longmire Meadows. In consideration of the City of Yelm accepting the final Plat of Longmire Meadows with City utilities and accepting the Final Plat of Longmire Meadows the owners sell, convey and otherwise transfer all of these improvements to the City of Yelm. Dated this Day of November, 2001 Carl D. Teitge President of Carl D. Teitge Development Inc. Robert A. Bussey President of Robert A. Bussey Investments Inc. WARRANTY AGREEMENT KNOW ALL MEN BY TEiESE PRESENTS: 'I'I IAT WHEREAS Carl D. Teitge Development, Inc. and Robert A. Bussey Investments, Inc. (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City" for the approval by the City of a certain plat of a subdivision to be known as Longmire Meadows, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, allies and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58. l 7 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW THEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. CARL D. TEITGE President and Secretary of Carl D. Teitge Development, lnc. ROBERT A. BUSSEY President and Secretary of Robert A_ Bussey Investments, inc. STATE OF WASHINGTON ) )ss. COUNTY OF THURSTON ) On this day of _ , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Carl D. Teitge and Robert A. Bussey, to me known to be the President and Secretary, respectively, of CARL D. TEITGE DEVELOPMENT, INC. AND ROBERT A. BUSSEY INVESTMENTS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: _ CARL D. TEITGE 811 N. Stadium Way Tacoma, Washington 98403 (253) 383-9001 (253) 572-5530 FAX November 1, 2001 Catherine Carlson City Planner City of Yelm Yelm, WA. 98597 Re: Summary of Longmire Meadows Meeting SEPA Mitigation 12/18/2000 and City Council Conditions 3/1/2001 Dear Cathie, The conditions on the sewer have been met by the design and installation of a S.T.E.P. system to City standards and the agreement to pay $4,850/or current charges per ERU plus the $145 ERU inspection fee at the time of building permit. The conditions on the water have been met by the design and installation of watermain extensions and individual services to City standards and the agreement to pay $1000/or current charges for each ERU at the time of building permit. The stormwater conditions have been met by the design and construction of the stormwater system in accordance with the DOE Storm Water Manual and the City of Yelm Standards. The stormwater maintenance manual has been provided. This system shall be held in common by the Homeowners Association. The Homeowners Association will have the power through the Articles of Incorporation, By-Laws and through the Covenants and stormwater Maintenance Agreement recorded with Thurston County to make assessments against individual lots for the maintenance and repair of the stormwater facilities and to maintain the landscaping in the stormwater facility area owned by the Homeowner Association. The City of Yelm will have the power to enforce those regulations and assessments through the recorded stormwater Maintenance Agreement to maintain the stormwater facilities. These Agreements clearly define the responsibility in the easements for the conveyance pipes for use, repair and maintenance. The stormwater area has numerous mature trees which were retained during the construction. Fourteen additional seven foot Douglas fir trees have been planted. The swales have been seeded with the required mix of seed. The stormwater area has all been seeded at this time with a three way mix of rye grasses. The transportation conditions have been met by the design and improvement of Coates, Solberg, VanTrump and Longmire Streets and the plat with curb, gutter, sidewalks, driveways and street lights which meet City standards. The TFC of $757.50 will be paid at the time of building permit. A fee in lieu of open space of $6,356.35 will be paid prior to final plat approval. The landscaping plan will be approved and constructed/or bonded prior to final plat approval. It is our hope that in the next two weeks will have the street trees to plant. This depends on availability and the weather. We need the weather to complete the sidewalks prior to planting the trees. The perimeter with our neighbors has been fenced with six foot cedar board fencing and four by six posts with a reveal for the posts. Many trees on the site were retained in accordance with the tree preservation plan. Trees in addition to those required to be saved have been retained. The SEPA Mitigation conditions have been met by a Mitigation Agreement with the Yelm Community School District #2 a copy of which is attached and by the Agreement to pay to the City of Yelm $757.50 for each residential unit at the time of building permit. The City has provided addresses for the plat and the post office and city have provided the desired mailbox locations. The boxes will be completed in the next two weeks. General public works conditions have been met street lights as approved by the City will be installed prior to final plat approval. A site grading plan was approved and implemented during construction. All tests for lead and asbestos were performed and a city permit received prior to the house demolition. Very Truly Yours, Carl D. Teitge ~ u rec iinsc remrn_l4: Ye Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Atm: Etling M. Kirkland MTIIGATION AGREEMENT Reference No: City of Yelm, Case # SS-00-8265•YL Grantor: 1. TEBO Venture III, 157 Lamieux Lane, '1-enino, WA 98589 "Lonamire Meadows" Grantee: 1. Yelm Community Schools Uistriet No. 2 Legat Description: SWI/4 of NWI/4 of Sec. l9, T17N, R2E, WM Assessor's Property Tax Parcel 1Vttmber/Account Number: 22119231100, 22719231101, 22719231102, 22719231103 THIS MITIGATION AGREBMLiNT ("AFtecment") is made this `~,' of ~BEPNt~S~,Q , 2000, between the YELM C01`ZMUNTI`Y SC):i00LS )aISTRICT N0. 2, Xelrq Washington (the "District") and TEBO Venture III (the "Developor"). A. The Developer has submitted an a~pplli ation to Thurston Cotcnty for the cortytruction of a 23 lot subdivision "Longmire Meadows" along Longmire St. NW. Yc1rn, Wash. {the "Project"). ?he Project is located on property that lies within Dtstrict boundaries, more particularly described on Irxhibit A, attached hereto end utcorporated herein by reference. B. The State i;nvironmcntnl Policy Act, Chopto: 43.Z1C RC~1 ("SEPA"), provides processes and procedures whereby major actions; by state and local agencies, including, but not limited to, plat or PUD approval or the tsbuance of budding permits, may. be reviewed to determine the nature and extent of their impact on the enYirontnent. 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 en unpa,et on the District, when cumulative impacts of other projects ass eonaidered. D. RC'~'~ 82.02.020 authoriue the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. g. Pcirsuant to Resolution No. 12-16-93-OS, 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 otl-er mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. IIII~IIIIII~I~ill~~l~lll~ll~llllllll ~~~eBe~, g~, E MF,NT NOw, THF-Rl'FORE. in coneicleration of rho above recitals and the mutual pro~nisos and covenants below. the District and the Developer agree as fallaws: 1. 'The Developer acknowledges end agrees that there is a direct impact on the District as a result of the Developer's Project sad that this Agreement is necessary as a, result of that impact. Z. The Developer acknowledges and a tees that in order to mttigat0 the duect impact of t)E-c Project, the Developer hen offered to pay the District the following sum of money: Six hundred fifty Dollars (S6S0.00) for each lot in rho subdivision or the total sum of Fourteen Thousand Nine Hundred Fifty dollars (514,950.00) (the "Mitigation Payrncnt") for the z3 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 Dcvcloper agrees that the payment of the full Mitigation Payment (in the amount of six hundred fifty dollars (S6S0.00) per lot or Fourteen Thousand Nine Hundred Fifty dollars (514,950.00) for tht ppro~ect, shall be a condition of building permit issuance and shaIl be made prior to or at the time of bu ding permit issuance for contttntction on a lot. Should the Developer sc1S portions of the devalopmeni to contractors o: other individuals, the Developer will be responsible for notifying the buyer of thi6 mitigation agrcemtnt and will notify the District of the sale, providing the Warne and address of the new buyer. 5. The District agrees to retold clue Agreement after it has been executed by the parties. 6, The Developer acknowledges artd agrees that the Mitigation Payment is authorized to bt used for capital improvtments to the following facilities: Southworth Elementary School, Mill fond Intermediate School, Yolm Middle School, andlnr Yslm high School and/or any other facilities that may be effected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has fist (3) years from the payment date to spend the Mitigation Payment for the capital improvtments or expenditures described in paragraph 6. In the event that the Mitigation Payment is pot cxpendod within those five yctus, the tnoaeys will be refunded with interest at the rate applied to judgments to the property owners of record at the tune of refund; however, if the Mitiga~on Payment is not expended within fire years due to belay which is attributable to the Developer, rho Payreent shall be refunded without intortat. 8. The Developer waives and relinquishes its nght tv protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby coveaartts and undertakes that it forever refrains and desists from instituting, asserting, filing or brtnging any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement. claun any repayment or reimbursement of funds, performance or improvtments provided for therein, or any of its terms and conditions, on any ground OT bas19 whatSOCYer. 9. The District 6ercby waives any objection to the Project as presently proposed. 10. The District and the Develops agree that the Mitigation Payment will be full and complete iuitigatian for the impact of the Prolcct as presently proposed on the District. ] ] . This Agreement shall be binding upon end mart: to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If art action must be brought to caforce rho 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 coastiaitcs tl~e entire aQrt:emcnt between the parties and any other agreement either written or oral shall be null and void. iiii~ill~n~YMVI~II~I~IA~II~~llllll 'H'~~osaa~ LEGAL DESCRIPTION ~Gcneral Location L~?i~t~.~Y~IX~Y.Y~tt-h~ Section jQ ?owrrship ,~J Range 2E Land Area I~,6 'Tax Parcel Number: 22719231100, Ol, 02, 03 YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: e ~ .....~.ei ~ a 0 1, D ~ _ Hy: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or base satisfactory evidence that Alan Burke is the person who apppeared before me. and said person acknowledged that he signed thts instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Sehaole District No. 2 to b~ ttJe free and voluntary act of such party for the uses aad purposes roenrioned in the in~trumcnt. ~` 2000 ,. C:I~N under my hand and official steal thr9 ~ day of ._. ~,~k,-\`S11f~•~'•r+7,~ 1N TA X P .IC and f rshc St _ -"; _ , oT~ " ~ Gx ,-: Washington, biding a ,G"'i'° '~~ ?y t ' ''' ` My Commission Axpires: ~~ _ :V ti~~ ~ ~ ~.LLt~ f ~ ~"~v~~Li~ _ y: ss y I5A'FED Y'= R bent A. $u e Its ,~°1N~-•! ~+ta'~~ --- STATE OF WASHINGT0N ) )SS COUNTY OF'?I:IURSTUN ) 1 certify that I know r base satisfactory evidence that Robert A. Aussey is the person who appeared be ote j~t,~n~d'9I~~p~Fson acknowledged thnt he signed this instrument, on oath stated that he was a~1~Q yo(,eX ~~ttte;~nstlumcnt and acknowledged it as tho applicant for this subdivision to be+thl~'f'ide ,d)uWR t ;Ac~of such party for the us nd purpose ti e e instrument. ~~~~~~jtr~' rq~ a~iB ;gffictal seal this ~ day of , 2000 . ~-= ~,~ ~ ~" ''"~ ~ . ; ~'~ s `~~~,~• NOTARY PUBL C in an fo~tha State of .~~~~ ~'~.F~~~ `;+~:~:~~`-' r'~ Nashiogton, residing at ~~~"~ J, ~~,;,.=Er -,~~ ,•a,~+~~' My Commission Expires: _ .y+y ~!i rGf~"r' ~ ~%" r~ .. •f iI~IIIIII~I~II~~INInIINIII~V~I~~'M~',~sa,w ~F THE p~Q~ ~w ~~ YELM WASHINGTON March 1, 2001 TEBO Ventures III Mr. Carl Tietge 811 N. Stadium Way Tacoma, WA 98403 City of Yelm lOS Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Re: Preliminary Plat Approval, SUB-00-8255-YL- Notice of Final Decision Dear Mr. Tietge: On February 28, 2001, the Yelm City Council considered your application for the above referenced project. After review of the Planning Commission's recommendation, public hearing comments and the staff report, the City Council finds that the project, as conditioned below, to be consistent with the Yelm Comprehensive Plan and all applicable City policy and development standards. 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. As a result of the approved land use for the parcel, the affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office. The project is approved subject to the following conditions of approval: Sewer ~1! Sewer ERU's are charged at the current rate of $4,850/ERU plus an inspection fee of $145.00/ERU payable at building permit issuance. The applicant shall be credited for the one existing connection. ,2' The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. '~.- 3. An 8" PVC waterline extension will be required along Solberg. Van Trump will require an upgrade from the existing 4" AC line to an 8" PVC line. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000/ERU (fee subject to change) inside city limits. One ERU would be charged to each residential building lot. The applicant shall be credited for the one existing connection. These fees are payable at building permit issuance. ]5! The Water Line improvements and connections shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. St rmwater The stormwater facility shall be landscaped in accordance with Chapter 17.84. ,7: 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. ~'dy~ 8,~~ The applicant shall submit a storm water operation and maintenance plan to the Public ~~~z~,~ ~ Works Department for approval prior to final lat a royal. ` p pP 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. The agreement shall clearly state what improvements are allowed within the easements, who's responsible for removal, replacement and/or repairs of any improvements within the easement. Transportation ~ Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Longmire, Van Trump and Solberg shall be consistent with the section "Local Access Commercial". Frontage improvements for Coates shall be consistent with the section "Neighborhood Collector': Stevens ,~' Street has been vacated by a Yelm City Council action. ~~.. 11. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour ~~ ~ trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 `~ new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 `~ which is payable at time of building permit. Fire 12' The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. ~3' The applicant shall submit a fire hydrant plan to for review and approval. O en S ace !~~? The applicant shall pay a fee in-lieu-of providing on-site open space. The fee in-lieu-of is $6356.35 and is payable prior to final plat approval. ~, . ,( ~~ ndsca in /\~~ 15: The applicant shall submit a final landscaping and irrigation plan for review and approval. ~~ The applicant shall use Best Management Practices to protect trees identified for retention. Construction fencing shall be placed around trees no closer than the trees drip line. Environmental ~1~ The applicant shall comply with the mitigation of the MDNS issued on December 18, 2000. Page 2 of 3 ~ Property Addresses ~r~-Prior to submission of final plat application, the applicant will provide the Building Department with a plat jl map for addressing. General Public Works ~-8' Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. All lighting design will be submitted to Puget Sound Energy for review and approval. ~- The applicant shall submit a grading plan for review and approval prior to any on-site grading. ,20: The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater-Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of materials containing asbestos and/or lead paint. /2~' The applicant shall submit a demolition plan to the City for all structures on the project site. OAPCA review must be complete prior to application with the city for a demolition permit. If you have any questions or if I can be of further assistance please contact me at (360) 458-8408. Sincerely, ~(~ `~ L Catherine Carlson Community Development Director cc: Shelly Badger Tim Peterson Stephanie Conners Gary Carlson File Page 3 of 3 O r //^~ V/ Z W (A ~ O` .Q ~ C G i N 'a N N N N N O V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W-°o o -o ~ ~- 0 ~ 0 v 0 v 0 ~ 0 -o 0 -a _ o = ~ ~ ~ -a N -p N r • O~ "O N ~ ~ Q U L ~ ~7 E ~ ~ ~ Q 7 Q 7 Q Z z r~ Z (~ Z r 1 U ~ ~ ~ ~ Z ~ Z ~ Z W J z~ ^ ^ ^ ^ ^ ^ ^ a ^ ^ ^ ^ ^ ^ ^ ^ a a a w w z~ ^ ® a ® ^ ^ ^ ^ ^ a ^ ^ ^ a ^ a 0 U W W ~ a ^ ® ^ ^ ^ ^ ® ® ® ® a ^ ^ ® ^ 0 U c c ~ rn c a~ ~ ~ o ~ ~' ~ ~ o ~ ~ U ~ > ~ O O C ~ (0 ~ ~ ~ C ~L .~ ''N 1. .V ~ .~' ~ ~ ^ ' W ~ ~' C m ca CJ ~ W ~ ~ U Q L ~ y- ~ ~ E > m ~ ~ Q ~ lSS ~ ~ O O V O N O L .~ ~ Q Q v ~ O O O. ~ $ Q i C (0 a N 7~ ~ o~ ~ ~+ ~~ ~ ~ O ~ U a _ O ~ O _ ~ C V E~ U 1"' a ~. ~ ~ w cu c ~- o >. o U o 0 ~° c:«_- 0 ~ a ~ .,.. c m ~ m ~ o ~ ~ c 0 ~ o ~ m ~' 0 ~ ~ OC v C) C ~ _ D.. 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O U -O v ~ C ~ ~ "O O C N ~ `~ p) "O ~, Q C O of Q ~ v ~ C ° ' ~ O ~ v o RS Q . ~ •~ •~ ~- G C (~ ~, ~ Q. O ~ -~ . _ Q~ V ~ ~ vi a N C (~ C O , ~ N L (~ Q ~ Q ~ (~ O O ~ N N ~ clS Q C •~ O O ~ ~' C C O N U cn O '' ' (tf _C cif ~ •ln ~ U ~ O U ' Q lL U Cn .. -~ (n O (n O- N O LL. ctf ~ ~ n. Rf t0 w w ~ ~ ¢ N Q O cn ~ N 0 N m m cC a °~ ~~~ ~~1 City of Yelm ~ ~' 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 YELL WASHtNC..T^N FINAL PLAT PROCESS 1. Submit four copies of the plat map to building official for addressing. 2. Submit Final Punch List Application to the Community Development Department. 3. Punchlist items addressed either by correction or entering into "Agreement for completion of Improvements and Repairs" with City of Yelm. Plat owner submits request to City for proposed items in agreement, along with estimated value. Final Plat Package (Items 1 - 3 above must be complete prior to application) * Completed application form with appropriate documentation and fee. * Make an appointment to submit your application - (360) 458-3835 11 copies of the final plat map (see Yelm Municipal Code 16.12.220-16.12.280). Maps must be folded, rolled maps will not be accepted. ~~u~ I - Ilx t7 ~~P~ Documents requiring recording must be formatted consistent with Thurston County requirements (attached.) City staff will check the required box for all documents that are applicable to the individual plat. Along with this list, staff will provide the applicant with approved sample documents. The applicant must submit the appropriate document(s) or the application will be considered incomplete. Required Documents ® Lot Closures - 4 copies ® Plat Certificate, date not to exceed 30 days prior to submittal ® Warranty Agreement for all improvements ® Bills of Sale (water and sewer) ^ Deferral Agreement -Waiver of Protest ® Storm Water Maintenance Agreement ^ Water Rights Agreement ® Homeowners Agreement ® Summary of how all City Council conditions of approval and SEPA mitigation have been met. ^ LID Segregation Application ® Documentation of Well/Septic/Drainfield Abandonment ® School Mitigation Agreement ® As-Builts ^ Latecomers Payment ® Open Space Fee Pa:t.~ -~~~ t~f ® City fees ® Any additional items required per Final Plat Application Checklist R:\Community Development\Project Files\SUB Full Plat Subdivision\8296 Longmire Meadows final\Final Plat Process Memo.doc Page 1 of 2 9/01 * Upon staff's determination that the final plat application is complete, the information will be distributed to the reviewing departments. In approximately three weeks all comments and corrections will be returned to the project engineer for action. * Following review and approval that the final plat conforms to all applicable regulations and the conditions of approval have been satisfied the plat will be forwarded to the Planning Commission for review and a recommendation to the City Council (YMC 16.12.300). After the City Council's receipt of the Planning Commission recommendation the Council will schedule the final plat for action at the next City Council meeting. * Upon City Council approval, the Mayor will sign the final plat. Following the Mayor's signature the final plat will be signed by all required departments, and forwarded to Thurston County Auditor's Office for recording, as per YMC 16.12.320. * As per YMC 16.04.150, the City of Yelm's policy is to issue one building permit (if available) after City Council approval and prior to recording of said plat. * Latecomer agreements for water and/or sewer can be prepared and considered by the City after final plat approval. R:\Community Development\Project Files\SUB Full Plat Subdivision\8296 Longmire Meadows final\Final Plat Process Memo.doc Page 2 of 2 9/01 CARL D. TEITGE 811 N. Stadium Way Tacoma, Washington 98403 (253) 383-9001 (253) 572-5530 FAX November 1, 2001 Catherine Carlson City Planner City of Yelm Yelm, WA. 98597 Re: Longmire Meadows Final Plat Documents, Dear Cathie, Enclosed are the forms or various documents that I believe are required in the final plat process. On October 30, 2001, I dropped of the Final Punch List Application. The enclosures include: 1. The Summary of Longmire Meadows Meeting the SEPA and City Council Conditions. 2. An October 25, 2001 Plat Certificate from Thurston County Title. 3. A copy of the December 23, 2000, School Mitigation Agreement. 4. Longmire Meadows Homeowners Association Articles of Incorporation. 5. Longmire Meadows Homeowners Association By-Laws. 6. Longmire Meadows Homeowners Association Covenants, Conditions and Restrictions. 7. Longmire Meadows Homeowners Association Stormwater Maintenance Agreement with the City of Yelm. 8. A warranty Agreement on the required Improvements. 9. A Bill of Sale for the improvements running to the City of Yelm. Eddie True advised me last night that he would drop of to you the items required by the surveyor for lot closures and the Final Plat Document. The As-Builts should be available from Hatton, Godat and Pantier by Monday November 5, .2001. We will bring the fee in lieu of open space whenever you would like it delivered. We will execute and file the required documents after the City of Yelm has had an opportunity to reveiw and suggest changes or accepted them. If you have any questions please contact me. Very~Truly Yours, .~. Carl D. Teitge CARL D. TEITGE 811 N. Stadium Way Tacoma, Washington 98403 (253) 383-9001 (253) 572-5530 FAX November 1, 2001 Catherine Carlson City Planner City of Yelm Yelm, WA. 98597 Re: Summary of Longmire Meadows Meeting SEPA Mitigation 12/18/2000 and City Council Conditions 3/1/2001 Dear Cathie, The conditions on the sewer have been met by the design and installation of a S.T.E.P. system to City standards and the agreement to pay $4,850/or current charges per ERU plus the $145 ERU inspection fee at the time of building permit. The conditions on the water have been met by the design and installation of watermain extensions and individual services to City standards and the agreement to pay $1000/or current charges for each ERU at the time of building permit. The stormwater conditions have been met by the design and construction of the stormwater system in accordance with the DOE Storm Water Manual and the City of Yelm Standards. The stormwater maintenance manual has been provided. This system shall be held in common by the Homeowners Association. The Homeowners Association will have the power through the Articles of Incorporation, By-Laws and through the Covenants and stormwater Maintenance Agreement recorded with Thurston County to make assessments against individual lots for the maintenance and repair of the stormwater facilities and to maintain the landscaping in the stormwater facility area owned by the Homeowner Association. The City of Yelm will have the power to enforce those regulations and assessments through the recorded stormwater Maintenance Agreement to maintain the stormwater facilities. These Agreements clearly define the responsibility in the easements for the conveyance pipes for use, repair and maintenance. The stormwater area has numerous mature trees which were retained during the construction. Fourteen additional seven foot Douglas fir trees have been planted. The swales have been seeded with the required mix of seed. The stormwater area has all been seeded at this time with a three way mix of rye grasses. The transportation conditions have been met by the design and improvement of Coates, Solberg, VanTrump and Longmire Streets and the plat with curb, gutter, sidewalks, driveways and street lights which meet City standards. The TFC of $757.50 will be paid at the time of building permit. A fee in lieu of open space of $6,356.35 will be paid prior to final plat approval. The landscaping plan will be approved and constructed/or bonded prior to final plat approval. It is our hope that in the next two weeks will have the street trees to plant. This depends on availability and the weather. We need the weather to complete the sidewalks prior to planting the trees. The perimeter with our neighbors has been fenced with six foot cedar board fencing and four by six posts with a reveal for the posts. Many trees on the site were retained in accordance with the tree preservation plan. Trees in addition to those required to be saved have been retained. The SEPA Mitigation conditions have been met by a Mitigation Agreement with the Yelm Community School District #2 a copy of which is attached and by the Agreement to pay to the City of Yelm $757.50 for each residential unit at the time of building permit. The City has provided addresses for the plat acrd the post office and city have provided the desired mailbox locations. The boxes will be completed in the next two weeks. General public works conditions have been met street lights as approved by the City will be installed prior to final plat approval. A site grading plan was approved and implemented during construction. All tests for lead and asbestos were performed and a city permit received prior to the house demolition. Very Truly Yours, Carl D. Teitge ~- V. STORM DRAINAGE SYSTEM OPERATION & MAINTENANCE PLAN STORMWATER MAINTENANCE AGREEMENT WITH ACCOMPANYING STO RM WATE R FACILITY MAINTENANCE GUIDE RESIDENTIAL BEST MANAGEMENT PRACTICES Longmire Meadows October 26, 2001 APPENDIX K & ATTACHMENTS A & B E:\office\JOBS\2000\00-219 Longmire Meadows\00-219 ATTACH-A&B-RES-DR-rev.10.26.Ol.doc APPENDIX K -- STORMWATER MAINTENANCE AGREEMENT Return to: City of Yelm Public Works P.O. Box 479 Yelm, WA 98597 RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN CITY OF YELM (HEREINAFTER "JURISDICTION") AND LONGMIRE MEADOWS HOMEOWNER'S ASSN. THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") GRANTOR: LONGMIRE MEADOWS HOMEOWNER'S ASSN. GRANTEE:. YELM, CITY OF LEGAL DESCRIPTION: NW 1/4, Sec.19, T17N, R2E, W.M. ASSESSOR'S TAX PARCEL NO.: 22719231600 & 22719230900 The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources in the City of Yelm. 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 BMPs. The authority to require maintenance and pollution source control is provided in City Ordinance 561 and in Development Guidelines, Chapter 7, Sanitary Sewer- "Maintenance Required for Private Stormwater Drainage Systems." LEGAL DESCRIPTION: Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg Street with the Northerly Line of Van Trump Street, said point being North 52° 04' West, 50-feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250-feet; Northwesterly and parallel with said street 400-feet; Southerly at right angles to Van Trump Street 250-feet to Northerly line of said street extended; Southeasterly along extension of said 400-feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M. described as follows: Beginning at a point North 37° 56' East, 170-feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West, 200-feet; thence North 37° 56' East, 250-feet to the Southwesterly line of Coates Street; thence South 52° 04' East along Southwesterly line of Coates Street, 200-feet; thence South 37° 56' West, 250-feet to the point of beginning. Together with all portions of vacated Stevens Street. Whereas, the OWNER has constructed improvements, including but not limited to, buildings, 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 Yelm's water resources, the Jurisdiction and the 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) Implement the pollution source control program included herein as Attachment "B". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment at 1110 Fryar Avenue, Suite C, Sumner, WA 98390. 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 as specified in the attached instructions or more often if necessary. The OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) 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 businesses, the persons, or the firms 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) Provide technical assistance to the OWNER in support of its 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. (2) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with the OWNER. (3) Review this agreement with the OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities existing on the property, the Jurisdiction shall give the owner of the property within which the drainage facilities are located, and the person in control of said property, notice of the specific maintenance and/or repair required. The Director shall set a reasonable time (in most instances not less than 10 days) 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 Director, written notice will be sent to the Owner of the property in which the drainage facilities are located and the person in control of said property stating the Jurisdiction's intention to perform such maintenance and bill the Owner for all incurred expenses. The Jurisdiction may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the Owner bill if required maintenance is not performed. (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 Remedies (1), above, shall be required under such circumstances. (3) The 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) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the Jurisdiction within 30 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 judgements. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. (5) The owner hereby grants to the Jurisdiction a lien against the above described property in an amount equal to the cost incurred by the Jurisdiction to perform the maintenance or repair work described herein. 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 from OWNER or its successors, any right, title, or interest in the property, or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. 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. Carl D. Teitge, Presient Longmire Meadows Homeowner's Assn. Robert A. Bussey, Secretary/Treasurer Longmire Meadows Homeowner's Assn. E:\officeUOBS\2000\00-219 Longmire Meadows\00-219 ATTACH-A&B-RES-DR-rev.10.26.OLdoc STATE OF WASHINGTON COUNTY OF ss On this day and year above personally appeared before me, Carl D. Teitge and Robert A. Bussey, known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 200_. Notary Public in and for the State of Washington, residing in My commission expires Dated at ,Washington, this day of 200_ Public Works Director STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, known to be the Director of Public Works for the City of Yelm, a Municipal Corporation, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of 200_ Notary Public in and for the State of Washington, residing in My commission expires APPROVED AS TO FORM: ATTACHMENT ~~A" - ~TORMWATER FACILITY MAINTENANCE GUIDE INTRODUCTION When urban and suburban development covers the land with buildings, houses, streets and parking lots, much of the native topsoil, duff, trees, shrubs and grass are replaced by asphalt and concrete. Rainfall that would have soaked directly into the ground instead stays on the surface as stormwater runoff making its way into storm drains (including man-made pipes, ditches, or Swale networks), stormwater ponds, surface and groundwater, and eventually to Puget Sound. The storm drain system for most developments includes components that carry, store, cleanse, and release the stormwater. These components work together to reduce the impacts of development on the environment. These impacts can include flooding which results in property damage and blocked emergency routes, erosion which can cause damage to salmon spawning habitat, and pollution which harms fish and/or drinking water supplies. The storm drain system provides a safe method to carry stormwater to the treatment and storage area. Swales and ponds filter pollutants from the stormwater by physically settling out particles, chemically binding pollutants to pond sediments, and biologically converting pollutants to less-harmful compounds. The ponds also store the treated water, releasing it gradually to a nearby stream or to groundwater. The various components of storm drain systems are described in the glossary. _ ? Stormwater runoff needs to be treated because it carries litter, oil, gasoline, fertilizers, pesticides, pet wastes, sediments, and anything else that can float, dissolve or be swept along by moving water. Left untreated, polluted stormwater can reach nearby waterways where it can harm and even kill aquatic life. It can also pollute groundwater to the extent that it must be treated before it can be used for drinking. Nationally, stormwater is recognized as a major threat to water quality. Remember to keep everything out of stormwater systems except the rainwater they are designed to collect. Stormwater facilities can be attractive as well as functional. They can provide both active and passive-use recreation areas and open space for wildlife. Perhaps you've noticed a wet pond or dry pond in your neighborhood. These different types of ponds are designed for different purposes. For example, wet ponds primarily provide treatment of stormwater. They also provide good cover and habitat for birds and small mammals, making them fine "wildlife preserves". Dry ponds or infiltration ponds are designed to provide storage for stormwater and gradually release it downstream or allow it to filter into the ground. These types of ponds can be maintained as grassy play areas, and may even house formal play equipment. ~Al~~!~~.~ ? All stormwater facilities need to be maintained. Regular maintenance ensures proper functioning and keeps the facility visually appealing. This stormwater Facility Maintenance Guide was designed to help explain how stormwater facilities work and provide user-friendly, straightforward guidance on how to maintain them. As a homeowner or homeowner's association, you are responsible for regularly maintaining privately owned ponds, catch basins, pipes and other drainage facilities within your subdivision. stormwater facilities located in public right-of- ways are maintained by local governments. This Maintenance Guide includes a Site Plan specific to your development and a Facility Key that identifies the private stormwater facilities you are responsible for maintaining. A "Quick List" of maintenance activities has also been included to help you identify the more routine needs for your facility. • A Glossary that defines terms and explains functions of the various components of stormwater drainage systems; • A comprehensive Maintenance Checklist that provides specific details on required maintenance; • A section on Pollution Prevention Tips that lists ways to protect water quality and keep storm drain systems functioning smoothly; • And a section on Resources that directs you to sources of more information and technical assistance. The Cities of Lacey, Olympia and Tumwater together with Thurston County are taking steps to educate and involve area residents in water quality issues and stormwater management. stormwater runoff is a widespread cause of water quality impairment and stream degradation. The jurisdictions are working together with residents, businesses, community groups and schools to address this problem. This Guide focuses on providing information on ways that residents and businesses can reduce stormwater impacts through pollution prevention and proper facility maintenance. Everyone needs to help keep waterways and groundwater clean. With proper management and common sense, we can continue to enjoy clean, safe streams and drinking water. YOUR STORMWATER FACILITIES This section consists of two parts that are to be used together: the Facility Key and the Site P/an. Look on the site plan and identify the numbers denoting a feature of the system. Then look on the facility key to see what that feature is called and which checklist applies. FACILITY KEY The stormwater facility in your neighborhood is comprised of the following elements: Type of Feature & Checklist Name Location on Site Plan Infiltration Pond 1 Catch Basins, Manholes, and Inlets 2 Grounds and Landscaping 3 Conveyance Pipes, Ditches, and Swales 4 Drywells, French Drains, or Downspouts See individual lot site Ian. Access Roads and Easements 5 SITE PLAN QUICK LIST The following list is an abbreviated checklist of the most common types of maintenance you should have to do. Please try and go over this checklist after heavy rains. This is a bare minimum and should be done in conjunction with the other checklists in order to make your maintenance program effective. ^ Check catch basin grates to see that they are not clogged or broken. Remove twigs, leaves, or other blockages. Contact the local jurisdiction to replace the grate if it is broken. ^ Check inlet and outlet pipes for blockages. Clear all blockages. ^ Check pond walls for erosion or caved in areas. ^ Check riprap (rocks) at the inlets and outlets of culverts and other pipes. If they are silted in or eroded away, replace them. MAINTENANCE CHECKLISTS The Maintenance Checklists in this packet are for you to use when checking the stormwater facilities in your neighborhood. This packet has been customized so that only the checklists for your facilities are included. If you feel you are missing a checklist, or you have additional facilities not identified or addressed in this packet, please contact your developer or local jurisdiction. The checklists are in tabular format for ease of use and brevity. Each checklist tells you what part of the feature to check, how often to check it, what to check for, and what to do about it. Log sheets are included toward the end of the chapter to help you keep track of when you last surveyed the storm drainage system. Although it is not intended for the maintenance survey to involve anything too difficult or strenuous, there are a few tools that will make the job easier and safer. These tools include: cry A flashlight. c~zs A long pole or broom handle. cis Some kind of pry bar or lifting tool for pulling manhole and grate covers. c~ Gloves. A listing of resources is included in the next chapter. Here you will find the phone numbers of the agencies referred to in the tables, as well as the contractor and consultants that designed and constructed your facilities. SAFETY WARNING: Due to OSHA regulations you should never stick your head or any part of your body into a manhole or other type of confined space. When looking into a manhole or catch basin, stand above it and use the flashlight to help you see. Use a pole or broom handle that is long enough when you are checking sediment depths in confined spaces. NO PART OF YOUR BODY SHOULD BREAK THE PLANE OF THE OPEN HOLE. PONDS There are essentially three kinds of ponds: treatment ponds, infiltration ponds, and detention ponds. Although each pond has unique maintenance requirements, there are also many things they have in common. Your facility is an infiltration pond. Part of When Pond to Check What to Check For What to Do Check it Entire Pond Quarterly Dumping of yard wastes such as grass clippings Remove trash and debris and dispose of and branches into basin. Presence of glass, properly. lastic, metal, foam, and coated a er. Entire Pond Quarterly Any vegetation that may constitute a hazard to the Remove invasive or noxious vegetation. Do public, such as tansy ragwort, poison oak, not spray chemicals on vegetation without stinging nettles, devilsclub. obtaining guidance from WSU Cooperative Extension and approval from the City or Count . Entire Pond Quarterly Presence of chemicals such as natural gas, oil, First, try and locate the source of the and gasoline, obnoxious color, odor, or sludge. pollution. Then call the Moderate Risk Waste program at Thurston County Environmental Health to re ort the hazard. Entire Pond Quarterly Sparse, weedy, or overgrown grass in grassy For grassy ponds, selectively thatch, aerate, (dry/infiltration) ponds. Presence of invasive and re-seed ponds. Grass should be kept species or sparse growth of plants in wet ponds. less than 8 inches high. For wet ponds, hand-plant nursery-grown wetland plants in bare areas. Contact WSU Cooperative Extension for guidance on invasive species. Pond bottoms should have uniform dense coverage of desired plant species. Entire Pond Quarterly Any evidence of rodent holes if your facility is Destroy rodents and repair the dam or berm. acting as a dam or berm. Water should not be Contact the Thurston County Health able to flow throw h rodent holes. De artment for uidance. Entire Pond Quarterly Insects such as wasps and hornets interfering Destroy or remove insects. Contact WSU with maintenance activities, or mosquitoes. Cooperative Extension for guidance. becomin a nuisance. Entire Pond Annually Ensure that trees are not interfering with Prune tree limbs to allow for maintenance. maintenance (i.e., mowing, silt removal, or Some trees may be cut for firewood. access. Inlet Annually Ma a sure that t e nprap un er the in et pipe is intact and that no native soil is exposed. Also Replace rocks or clean out sediment. check for accumulations of sediment more than Y~ the height of the rocks. Outlet Quarterly The rip rap overflow should be intact and clear of ep ace np rap i missing. emove any tras debris. Water should be able to flow freely of debris and dispose of properly. throw h overflow. Side Slopes Annually Check around inlets and outlets for signs of Try and determine what has caused the erosion. Check berms for signs of sliding or erosion and fix it. Stabilize slopes by settling. Action is needed where eroded damage reinforcing the slope with rock, planting is over 2 inches deep and where there is potential grass, or compacting the soil. Contact WSU for continued erosion. Cooperative Extension for guidance on slope reinforcement. Storage Area Annually Check to see if sediment is building up on the Clean out the sediment and re-seed the pond bottom. A buried or partially buried outlet pond if deemed necessary to improve structure or very slow infiltration rate probably infiltration and control erosion. indicates si nificant sediment de osits. Dikes Annuall An art of the dike that has settled si nificantl Build the dike back to the on final elevation. Emergency Annually Check to see that the rip rap protective area is Replace rocks so that all native soil is Overflow/ intact. If any exposed native soil is present you covered. S illwa should re air it. Trench Drain Quarterly Check to see that the grate is clear of debris, and Remove debris from grate, clean drain. that the drain is not lu ed. CATCH BASINS AND INLETS These structures are typically located in the streets and public rights-of-way. Local jurisdictions are responsible for routine maintenance of the pipes and catch basins in rights-of-way, while the homeowners association is responsible for keeping the grates clear of debris in all areas as well as pipes and catch basins in private areas. Part of Catch Basin to When to What to Check For What to Do Check Check it Catch basin During and after Trash or debris accumulating in front of the Remove blocking trash or debris opening major storms catch basin opening and not allowing water to with a rake and clean off the flow in. rate. Catch basin Quarterly Sediment or debris in the basin should be kept Clean out the catch basin of under 50% of the depth from the bottom of the sediment and debris. pipe to the bottom of the basin. Use a long stick or broom handle to poke into sediment and determine de th. Inlet and outlet Quarterly Trash or debris in the pipes should not be more Clean out inlet and outlet pipes pipes than 1/5 of its height. Also, there should not be of trash or debris. any tree roots or other vegetation growing in the i es. Inlet and outlet pipe Annually There should be no cracks wider than '/z inch Repair cracks or replace the joints and longer than 1 foot at the joint of any inlet or joints. outlet pipe. Also check for evidence of sediment entering the catch basin through cracks. Grate Quarterly The grate should not have cracks longer than 2 Replace the grate. inches..There should not be multiple cracks. Frame Quarterly Ensure that the frame is sitting flush on top of Repair or replace the frame so it the concrete structure (slab). A separation of is flush with the slab. more than'/. inch between the frame and the slab should be corrected. Catch basin Annually Inspect the walls of the basin for cracks wider Replace or repair the basin. than '/z inch and longer than 3 feet. Also check Contact a professional engineer for any evidence of sediment entering the for evaluation. catch basin through cracks. Determine whether or not the structure is sound. Catch basin Quarterly There should be no chemicals such as natural Clean out catch basin. Contact gas, oil, and gasoline in the catch basin. your local jurisdiction or Check for obnoxious color, odor, or oily sludge. Thurston County Environmental Health if you detect a color, odor, or oily sludge. Oil/Water separator Quarterly Water surface in catch basin has significant Remove the catch basin lid and Sdownturned " " sludge, oil, grease, or scum layer covering all skim off oil layer. Pour oil into a e bow or T in or most of the water surface. disposable container, seal catch basin) container, wrap securely in newspaper, and place in trash. Water surface should be clear of oily layer. Pipe Elbow Quarterly Top or bottom of pipe appears to have broken Remove the catch basin lid and off. Check for any apparent damage and examine the pipe for damage. If check to see if it is plumb. broken, hire a contractor to replace pipe in accordance with approved plays on file with your local jurisdiction. CONVEYANCE PIPES, DITCHES, AND SWALES Part of When fo What to Check For What to Do System to Check it Check Pipes Annually Accumulated sediment should not exceed 20% Clean out pipes of all of the diameter of the pipe. Vegetation should sediment and debris. not reduce free movement of water through Remove all vegetation so pipes. Ensure that the protective coating is not dama d d t d D that water flows freely ge an rus e . ents should not through pipes. Repair or significantly impede flow. Pipe should not have replace pipe. mayor cracks or tears allowing water to leak out. Open ditches Quarterly There should not be any yard waste or litter in Remove trash and debris the ditch. and dispose of them properly. Open ditches Annually Accumulated sediment should not exceed 20% Ciean out ditch of all of the depth of the ditch. sediment and debris. Open ditches & S l Annually Check for vegetation (e.g., weedy shrubs or Clear blocking vegetation so wa es saplings) that reduces the free movement of that water flows freely water through ditches or Swales. through ditches. Grassy vegetation should be left alone. Open ditches & Quarterly Check around inlets and outlets for signs of Eliminate causes of erosion. Swales erosion. Check slopes for signs of sloughing or settlin A ti i d d h Stabilize slopes by using g. c on s nee e w ere eroded appropriate erosion control damage is over 2 inches deep and where there measures (e.g., reinforce is potential for continued erosion. with rock, plant grass, com act soil. Open ditches & Annually Native soil beneath the rock splash pad, check Replace rocks to design Swales dam, or lining should not be visible. standard. Swales Quarterly Grass cover is sparse and weedy, or areas are Aerate soils and reseed and overgrown with woody vegetation. mulch bare areas. Keep rass less than 8 inches high. Remove woody growth, regrade, and reseed as necessary. Swales Quarterly Swale has been filled in or blocked by shed, If possible, speak with woodpile, shrubbery, etc. homeowner and request that the Swale area be restored. Swales Annually Water stands in Swale or flaw velocity is very A survey may be needed to slow. Stagnation occurs. check grades. Grades need to be in 1-5% range if possible. If grade is less than 1 %, underdrains may need to be installed. GROUNDS AND LANDSCAPING Part of Grounds to When to Check it What to Check For What fo Do Check Landscaped Areas Quarterly Weeds growing out of control in landscaped Pull weeds by hand, if area. possible, to avoid using chemical weed controls. Landscaped Areas Quarterly Check for any presence of poison ivy or other i Remove poisonous vegetation po sonous vegetation or insect nests. or insect nests that are present in landscaped area. Landscaped Areas Quarterly There should not be any yard waste or litter in Remove and dispose of litter landscaped areas. properly Landscaped Areas Quarterly Noticeable rills are seen in landscaped areas. Identify the causes of erosion and take steps to slow down or disperse the water. Fill in contour, and seed area. Trees and Annually Limbs or parts of trees or shrubs that are split Trim trees and shrubs to shrubs or broken. restore shape. Replace severely damaged trees and shrubs. Trees and shr b Annually Trees or shrubs that have been blown down or Replant trees or shrubs, u s knocked over. inspecting for injury to stem or roots. Replace if severely damaged. Trees and Shrubs Annually Trees or shrubs that are not adequately Place stakes and rubber- supported or are leaning over, causing coated ties around young exposure of the roots. trees/shrubs for support. ACCESS ROADS AND EASEMENTS Area to When to Check Check it What to Check For What to Do General One Time Check to determine if there is enough If there is not enough access to your stormwater facilities for access, check with your maintenance vehicles. local jurisdiction to determine whether an easement exists. If so, a maintenance road may need to be constructed there. Access road Quarterly Debris that could damage vehicle tires Clear all potentially (glass or metal). damaging debris. Access road Annually Any obstructions that reduce clearance Clear along and over above and along the road to less than 14 roadway so there is feet. enough clearance. Road surface Annually Check for potholes, ruts, mushy spots, or Add gravel or remove woody debris that limit access by wood as necessary. maintenance vehicles. Shoulders and Annually Check for erosion along the roadway. Repair erosion with ditches additional soil or gravel. DRYWELLS, FRENCH DRAINS, OR DOWNSPOUTS Each lot is required to have an onsite drywell for onsite improvements. Part of System to Check When to Check it What to Check For What to Do Downspout Annually Water overflows from the downspout over the First try cleaning out the ground. ggutters and downspouts. ff this doesn't solve the problem you ma need to install a bigger dyrywell. Roof Annually Moss and algae are taking over the shadier Disconnect the flexible parts of the shingles. art of the downspout that P eads to the drywell. Perform moss removal as desired. Pressure wash or use fatty acid solutions instead of highly toxic esticides or chlorine bleach. Install a zinc strip as a preventative. RESOURCE LISTING If you are unsure whether a problem exists, please contact your local jurisdiction at one of the numbers below and ask for Technical Assistance. Contact Numbers: Lacey Water Resources Olympia Sewer & Stormwater Engineering Tumwater Public Works (Engineering) Yelm Public Works Thurston County (Storm & Surface Water) WSU Cooperative Extension Developer Information: TEBO Ventures III 157 Lemieux Lane Tenino, WA 98589 (360) 264-6355 Engineer's Information: Hatton Godat Pantier 1840 Barnes Blvd SW Tumwater, WA 98512 (360) 943-1599 491-5600 753-8768 754-4140 458-3244 754-4681 786-5445 LOG SHEET Use log sheets to keep track of when maintenance checks occur and what items, if any, are repaired or altered. The completed sheets will serve as a record of past maintenance activities and will provide valuable information on how your facilities are operating. This information will be useful for future requirements regarding the types of facilities that are installed. It helps to keep all log sheets in a designated area so others can easily access them. Date Checked~~ Checked By Name: Position in HOA: Address: City: State: Zip: Phone Number: Part of Facility Checked Observations (List things that should be done Follow-up Actions Taken Date Action Taken ATTACHMENT ~~B" -- RESIDENTIAL- BEST MANAGEMENT PRACTICES POLLUTION PREVENTION FOR HOMEOWNERS PURPOSE Many products end practices commonly used in and around our houses are hazardous to both the environment and us. Many of these products can end up in our stormwater systems and groundwater. This document gives alternatives, where possible, for those types of products and practices. The Best Management Practices (BMPs) described here, include "good housekeeping" practices that everyone can use. RECOMMENDED POLLUTION CONTROL PRACTICES FOR HOMEOWNERS It has been said that the average home today contains more chemicals than the average chemical lab of 100 years ago. When many of these chemicals are used industrially, they can be subject to various health and safety standards; yet these same substances are used freely and often carelessly in our homes. The BMPs in this section are divided into four categories: Household Hazardous Wastes, Pesticides, Remodeling, and Septic Maintenance. Each section includes information on available alternatives. HOUSEHOLD HAZARDOUS WASTES Many of the cleaning agents, solvents, polishes, etc. used commonly in the home are considered hazardous. These products may be toxic, corrosive, reactive, flammable, and/or carcinogenic. It is critical that these products are handled with care and are properly disposed. A list of common household hazardous materials is presented in Table 1. In addition, many hazardous household chemicals persist for long periods of time in the environment. Manufacturers may truthfully state that a product is "biodegradable"; most products are biodegradable, but what is important is the rate at which they are broken down and the products they are broken down into. The term "biodegradable" on its own is misleading at best, unless the product is rapidly degraded into harmless substances. It is important to note here that the term "biodegradable" currently has no legal definition in this state. This means that any product can use this term according to the manufacturer's own definition. This definition may not be at all similar to the consumer's perception. The following ideas will help you reduce the risks of stormwater and ground water contamination from many household products: HOUSEHOLD PRODUCT MANAGEMENT 1. Read the label of products before you buy them. Toxic product labels will carry many warnings. Either bypass such products or buy them in small quantities. If you cannot use the entire product, try to give it away instead of disposing of it. Thurston County periodically facilitates product exchanges for leftover paints and other hazardous wastes. Call the Thurston County Health Department at 754-4111 for more information. 2. Buy only those detergents that contain little or no phosphorus. Phosphorus can cause algae blooms if it is washed into lakes or streams. Most detergents that are low or phosphate free are labeled as such. 3. Use no more than the manufacturer's suggested amount of any cleanser. More is not necessarily better. 4. Products such as oven cleanser, floor wax, furniture polish, drain cleaners, and spot removers often contain chemicals that are toxic. Buy the least toxic product available, and use anon-toxic substitute if one can be found. Ovens, for example, can be cleaned by applying table salt to spills, then scrubbing with a solution of washing soda and water. Table 2 lists substitutes for many commonly used household products. If it is necessary to use a product that contains toxic chemicals, use the product only as directed. Do not combine products, as they may become more dangerous when mixed (example: mixing chlorine bleach and ammonia produces dangerous gases). Use eye wear and rubber gloves as appropriate. Contact the Hazardous Substance Hotline at 1-800-633-7585 if you have any questions regarding disposal of a product or empty container. The County has both hazardous waste collection days and permanent facilities where residents can bring hazardous wastes. Call the Thurston County Health Department at 754-4111 for more information. 5. Chemicals left over from some activities, such as photography and auto repair, are hazardous and should not be flushed down the sink. This is especially important if your home is hooked up to a septic system. Toxic chemicals can kill the bacteria in the tank that treat sewage and pollute water supply wells. 6. Be sure that all containers are clearly marked. 7. Common (not automobile) batteries are one of the largest sources of heavy metals (such as lead, nickel, cadmium, and mercury) found in landfills. Instead of throwing them away, dispose of them at a hazardous waste collection site. AUTOMOTIVE USAGE, CARE AND MAINTENANCE From a waste management standpoint, automobile maintenance is best done by professionals at facilities designed to handle, store, and dispose of the waste products properly. Many of these facilities do an excellent job of dealing with waste oils, antifreezes, other fluids, batteries and tires. They often charge a small fee to cover the added expenses, but it's worth it. However if you repair your car at home, please consider these helpful tips: 1. Cars should be serviced regularly. Any leaky lines or valves should be replaced. 2. Dumping oil, degreasers, antifreeze, and other automotive liquids into a stream or a storm drain violates city, county and state laws or ordinances. Do not dump them onto the ground because they will end up in stormwater runoff or in groundwater. Do not use oil to reduce dust levels on unpaved areas. Instead, recycle used oil and antifreeze. Keep them in separate containers. Call the Recycling Hotline at 1-800-RECYCLE or call the Thurston County Health Department for the location of the nearest recycling center, or call your local automotive service centers to see if they take oil for recycling. Some may also take used oil filters. 3. Wrap empty oil or antifreeze containers in several layers of newspaper, tie securely and place in a covered trashcan. Antifreeze is sweet tasting, but poisonous to people, fish, pets and wildlife. 4. Sweep your driveway instead of hosing it down. Fluids and heavy metals associated with automobiles can build up on driveway surfaces and be washed into local surface or groundwater when driveways are hosed down. 5. When washing vehicles, do so over your lawn or where you can direct soapsuds onto the lawn or another vegetated area to keep the soaps from washing into the storm drain system or local surface water. Your stormwater pond cannot cleanse soapy water from washed cars. 6. Small spills of oil and other fluids can be absorbed by using materials such as kitty litter or sawdust. Wrap the used kitty litter and any contaminated soil in a plastic bag and then place it in the garbage. If a spill reaches surface water, you must notify the nearest regional office of the Department of Ecology Immediately! The Southwest Regional Office number is 407-6300 or call 911. There are fines for failure to notify the appropriate agency when a spill occurs. 7. De-icing chemicals (various types of salt) can harm concrete less than three years in age, burn vegetation, and be corrosive to cars and other metal objects. De-icing chemicals and their additives can be toxic. (Cyanide is formed from the breakdown of a common anti-caking agent used in de-icing chemicals.) Urea salts are an alternative to other types of salt de-icers, but great care must be used in applying them. These salts contain large quantities of nitrogen, which can severely burn plants and encourage algae growth in lakes and/or Puget Sound, if over-applied. 8. The use of these chemicals should be minimized or avoided. Instead, shovel walks clear and apply a dusting of sand to improve footing. Table I Hazardous Household Substances List Auto, Boat and Equipment Repair and C leansing Agents Maintenance Remodeling 1. Batteries 1. Adhesives, glues, 1. Oven cleaners cements 2. Waxes and cleansers 2. Roof coatings, 2. Degreasers and sealants spot removers 3. Paints, solvents and 3. Caulking and 3. Toilet, drain and thinners sealants septic tank cleaners 4. Additives 4. Epoxy resins 4. Polishes, waxes and strippers 5. Gasoline 5. Solvent-based paints 5. Deck, patio and chimney cleaners 6. Flushes 6. Solvents and thinners 6. Solvent cleaning fluids 7. Auto repair materials 7. Paint removers and strippers 8. Motor oil 9. Diesel oil 10. Antifreeze Pesticides Hobby and Miscellaneous Recreation 1. Insecticides 1. Paints, thinners and 1. Ammunition solvents 2. Fungicides 2. Chemicals (photo and 2. Asbestos pool) 3. Rodenticides 3. Glues and cements 3. Fireworks 4. Molluscicides 4. Inks and dyes 5. Wood preservatives 5. Glazes 6. Moss retardants 6. Chemistry sets 7. Herbicides 7. Bottled gas 8. Fertilizers 8. White gas 9. Charcoal starter fluid Source: Guidelines for Local Hazardous Waste Planning, Ecology, No. 87-18 Y 987, Table 2 Non-Toxic or Less Toxic A/ternatives to Toxic Products Hazardous Product Alternative s Air fresheners Set out a dish of vinegar or simmer cinnamon and cloves or set out herbal bouquets or potpourri in open dishes or burn scented candles. Bleach Borax or oxygen bleaches or reduce bleach by '/z and add '/a - '/z C. baking soda or let clothes dr in the sun. Brass olish. Worcestershire sauce. Chrome polish Apple cider vinegar or a paste of bakin soda and water or a lemon Coffee of cleaner Vine ar. Coffee stains Moist salt aste. Copper cleaner Mix lemon juice and salt or use tomato catsu Drain cleaner Use a plunger followed by'/z C. baking soda mixed in '/z C. vinegar. Let sit 15 minutes, pour down 2 qt. boiling water. Furniture polish Linseed, olive or almond oils or a mixture of 3 parts olive oil to 1 part white vinegar or a mixture of 1 Tbs. lemon oil and 1 int mineral oil. Garbs e dis osal deodorizer Used lemon rind or bakin soda. Glass cleaner Mix 2 Tbs. vine ar with 1 uart water. Grease remover Make a paste of borax on a damp cloth. Ink stain remover Spray with leftover non-aerosol hair s ra before washin . Laundr soa Borax bakin soda or washin soda Linoleum floor cleaner 1 C. white vine ar in 2 als. water. Mildew remover E ual arts vine ar and salt. Mothballs Cedar chips or blocks, or use dried tansy, lavender or peppercorns in drawers and closets. Oils ills Kitt litter sawdust. Oil stain removal White chalk rubbed into the stain prior to washin . Oven cleaner Pour lots of salt on fresh spills and scrape off after the oven cools. A soda water solution will cut grease. Paint ammonia on spills with a paintbrush, then rinse off. Paint brush softener Hot vine ar. Table 2 Non-Toxic or Less Toxic Alternatives to Toxic Products (Cont.) Hazardous Product Alternative s Paint stripper Use mechanical sanding instead of chemical stri ers. Paint/ rease remover Wear loves or use bab oil. Pet odor removal Cider vine ar. Pitch or sap remover Butter, margarine or vegetable shortenin . Porcelain stain remover Bakin soda Refri erator deodorizer O en box of bakin soda. Rug/carpet cleaner (General) Use asoap-based non- aerosol rug shampoo, vacuum when dry. (Spots) Pour on club soda or sprinkle cornmeal or cornstarch on the rug, let sit for at least 30 minutes, then vacuum. Rust removal - Lemon 'uice lus salt lus sunli ht. Rust bolt remover Carbonated bevera e. Scorch mark remover Grated onion. Scouring powder Baking soda or anon-chlorine scouring owder. Silver polish Soak silver in warm water with 1 Tbs. soda, 1 Tbs. salt and a piece of aluminum foil. Stainless steel olish Mineral oil. Toilet bowl cleaner Paste of borax and lemon 'uice. Tub and the cleaner t/4 C. soda and ~/z C. white vinegar mixed with warm water. U holster sot remover Club soda. Water mark remover Tooth aste. Water softener t/a C. vine ar. PESTICIDESI AND FERTILIZERS Pesticides (such as insecticides and herbicides) and fertilizers are commonly used by homeowners in their quest for bigger, healthier plants and greener, lusher lawns. These chemicals are often overused. Homeowners often apply too much chemical at the wrong time, such as before heavy rains or any time the plants will not be able to absorb all the chemicals. These chemicals are easily introduced into stormwater runoff and can cause algae blooms (fertilizers) or kill off aquatic organisms (pesticides). ~ As used here, the word pesticide can mean any herbicide, insecticide, rodenticide, miticide, or other types of chemicals used in the same manner. Ferti/izer management Fertilizing a lawn can be done in an environmentally sensitive manner. Here are some ideas: 1. Before fertilizing, test your soil's pH. This can be easily done by using kits that are available, or through tests provided by WSU Cooperative Extension. Use only the recommended amount of fertilizer, and add any soil amendments, such as lime, that are recommended in your test results. 2. Use fertilizers that are appropriate for your area, and for the type of plants you are growing. Work the fertilizer into the soil directly around the plant's drip line. By incorporating the fertilizer in the soil, there will be less likelihood of contaminated runoff. Contact the Thurston Conservation District to find out this information. 3. Water before fertilizing. Water enough to dampen the ground thoroughly, but not enough to cause surface runoff. Dampening the soil prevents fertilizer from being washed from the surface of dry soil in the first rain or watering after application 4. Many soils can benefit from the use of organic fertilizers such as compost or peat. Not only do these substances add nutrients to soil, they also increase the porosity of the soil and increase its ability to hold water. 5. Slow release fertilizers (which are generally resin-coated) can be used in addition to organic fertilizers. They are not mobile in the soil, and are only applied once. Integrated pest management Rather than bringing out the sprayer whenever a pest infestation occurs in the garden, consider using Integrated Pest Management (also known as IPM). IPM emphasizes the evaluation of all factors including environmental effects before chemicals are applied. Pesticides should only be used as a last resort. Some of the tactics that can be used to decrease or eliminate the use of pesticides include: Use of Natural Predators, Pathogens: Because chemical sprays generally kill many beneficial insects instead of just the target pest, it may be necessary to introduce natural predators back into the garden. Ladybugs, lacewings, predatory wasps, and nematodes are all commercially available. Garter snakes and toads are also predators and should not be eliminated from the garden. There are some bacteria, viruses, and insect parasites that are specific to pests and will not harm other insects or animals. A commonly used bacterium in the Puget Sound area is Bacillus thuringiensis (Bt), which is intended to control infestations of tent caterpillars. Products containing Bt are available at your nursery. Habitat Changes: Many times a change of habitat can control pest infestations. Removal of old tires can cut down on the mosquito population by removing a convenient water-filled location for them to breed in. Crop rotation, even in a small garden, can reduce the number of pest infestations. Removing last year's leaves from under rose bushes can cut down on the incidence of mildew and blackspot, as these fungi overwinter in dead leaves. Timing: Crops that can overwinter (such as leeks or carrots) should be planted in the fall. This gives them time to become established before pests arrive in the spring. Mechanical: Many eggs, larvae, cocoons, and adult insects can be removed by hand. Be sure that the insect is properly identified prior to removing it so those beneficial insects are not destroyed in error. Drowning insects in plain water or spraying them with soapy water are alternatives to squashing them. Resistant Plants: Plants that are native to this area are often more resistant to pests and climate, etc. than are introduced plants. Many plant cultivars have been developed which are resistant to such diseases as verticilium wilt and peach leaf curl. Grass seed mixes are also available for lawns that need much less watering, mowing, and chemical use. Growing Conditions: Plants, such as hostas, that require some shade are more susceptible to pests when they are growing in the sun. Plants that are not properly fertilized or watered are less vigorous in growth and tend to attract pests. Plants that prefer an acid soil, such as azaleas, will perform better and be less susceptible to pests when they are grown in soil with the proper pH. Chemicals: Chemicals are a small part of the IPM plan and should be applied only as needed after reviewing all other alternatives. Pesticide management When use of a chemical is the best or only option, follow these simple guidelines: 1. Know what pest you are spraying for. Use the pesticide according to the manufacturer's instructions and buy only the quantity needed. Many pesticides have a limited shelf life and may be useless or degrade into even more toxic compounds if kept on the shelf. 2. Do not apply more than the specified amount. Overuse can be dangerous to your health as well as the health of wildlife and the environment. If more than one chemical can be used to control the pest, choose the least toxic. The word "caution" on the label means that the chemical is less toxic than one that is labeled "warning". 3. Do not spray on windy days, in the morning of what will be a very hot day, or when rain is likely to occur. Herbicides can drift and injure valuable ornamental plants in either yours or your neighbor's back yard. Do not water heavily after application. Plants should be lightly watered BEFORE application to prevent burning of the foliage, and to help evenly spread the chemical. 4. Never apply pesticides near streams, ponds, or wetlands (exception: approved applications for aquatic weeds). Do not apply them to bare eroded ground (exception: use of low toxicity herbicides such as Round-up to allow growth of desired planting in small areas). Many pesticides bind to soil particles and can be easily carried into a stream or storm drain. 5. Pesticides should be stored well away from living areas. Ideally, the storage area should have a cement floor and be insulated from temperature extremes. Always keep pesticides in their original containers with labels in tact. Labels often corrode and become illegible in this climate and may have to be taped onto the container. 6. Federal law now requires that all pesticides be labeled with the appropriate disposal method. Leftovers should never be dumped anywhere, including a landfill. Take unwanted pesticides to the County's hazardous waste collection days or Hazo House at the landfill. 7. Empty containers should be triple-rinsed and the rinse water used as spray. Once containers are triple-rinsed, they are not considered hazardous waste and may be disposed of in most landfills. However, call your local landfill .before putting the container in the garbage. 8. If a pesticide is spilled onto pavement, it can be absorbed using kitty litter or sawdust. The contaminated absorbent should be bagged and labeled and taken to Hazo House. 9. If the pesticide is spilled onto dirt, dig up the dirt, place it in a plastic bag and take it to Hazo House. 10.Many pest control companies and licensed applicators have access to pesticides that are more toxic than those available to the consumer. Check with the company before they spray indoors or outdoors to find out what spray they will be using and what precautions, if any, are necessary after the operator leaves. HOME REMODELING Remodeling uses some of the most toxic substances found in the home. Paints, preservatives, strippers, brush cleaners, and solvents all contain a wide range of chemicals, some of which are suspected to be carcinogens (cancer causing). These products should never be dumped in a landfill or put down a sewer or septic system. 1. When building a deck consider using wood instead of concrete. Wood decking allows rainwater to drip onto the ground below, keeping it from becoming surface runoff. 2. Decks and sidewalks can also be built out of brick interlocking pavers or modular concrete. If these surfaces are placed on a bed of well-drained soil gravel or sand, rainwater can infiltrate into the around through them. 3• To reduce dis turpentine or brushProblems, buy only the be allowed cleaner can be amount you need. collection dao dry and then filtered and reused. Used Y or at be disposed of durin Paint cans should 4• Leftover Haz° House. 9 a hazardous paint can be waste the Thurston given away, for exa 5• Roof County Health Department mple to a theater downspouts can at 754-4111 for group. Contact drained. The runoff froe adjusted to infiltrate runoff °ther o infiltrate into the m the Ptions. ground. m can enter a grave- bed here the soil is drainage manual. For design criteria where it can well 6• When ,see your jurisdiction's gardening on slopes, reduce the terraces across the face of the hill, potential for surface runoff wood Ps or can be elaborate These can be as by using 4x4 s or rock using such products as s mP1e as little soil walls. Pressure-treated SEPTIC SYSTEM CARE AND /y While septic systems do ANAGEMENT runoff, they can in so not seem to have me instances be related erect relationshi p with stormwater 1• Roof drains and storm drainfields. water runoff should effluent fro Excess water reduces the ca be diverted a m the septic tank. Pacity of the way from ~• Water from hot tubs drainfield to absorb They are not desi should not be drained into a Either use the geed to handle lar Septic s water on 9e volumes of chlorin ted m all at once. a period of days Plants in the yard, or drain water. 3• Septic tanks should be the hot tub slowly over the yard, foul odors and umped regular) septic drain field failure./0r a dark Y' POnded water, dam gray or black soil color p places in disease and nitrate problemf sun ground a maY indicate malfunctioning septic can assistance, contact the Thurston water. cause Count For septic system REFERENCES Y Health Department at 786-5490, Puget Sound Water Plan for Puget Sound Watersheds rBY, Mana in - 9 9 Nonpoint Pollution an Action 8 31, June 1989. Washington State Dept. of Ecolo Pollution Control practices for H me wners~analsmalllde - revised June 1991. Recommended Farm Operators 87-30, washington State Dept. of Ecology, Hazardous Waste Pesticides, 89_4 1989 1, August GLOSSARY BEST MANgGEMENT PRACTICE gMp regulations that improve -Structures, conservation practices, or on the quantity of runoff, quality of runoff or reduce the im pact of development BIOFILTER SWALE runoff flows at uniform de ider and flatter ve vegetation has a Pth and velocity. Biofiltedrsversion of a ditch over which as grass). thick mat of roots, leaves, and stempat the nest when ~- interface (such BIOFILTRATION -The process throu are reduced by filtering runoff through which pollutant concentrations in runoff gh vegetation. BUFFER -The zone that r slope stabilit P otects aquatic resources b integral Y, attenuation of runoff, and reduction of landslide part of a stream Y Providing protection of organic debris, and coarse seditmendts to stream hazards. An variation in stream Ystem, it provides shadin or wetland boundaries s• It also allows roam Ott of from harmful intrusion. habitat for wildlife, and protection CATCH BASIN - An inlet for stormwater set in and made of concrete, and capped with a to the CHECK DAM _ gular grate that allows sto mwater ton velocities Adam (e.g., rock enter. promote sediment deg earthen, log) used in channels to reduce water position, and/or enhance infiltration. COMPOST STORMWATER FILTER - and pollutants from stormwater b A treatment facilit prepared bi leaf Y percolatin Y that removes sediment through a 9 maple compost. Clean g water through a la er P Pe, while stormwater flows in excess of the aottom of the face ty ally the compost bed and bypass the facility. lity design overflow CONSTRUCTED WETLAND - planted with wetland A wet pond with dead stora plants to enhance its treatment cage at varied depths and CONTROL STRUCTURE Pabilities. with aflow-re OR FLOW RESTRICTOR - gulating or meterin A manhole and/or holes known as orifices, g device such as a Pipe structure the pond. This structure controls the rate at which Wath small CONVEYANCE - er leaves channels A mechanism or device for trans (natural and man-made), culverts porting water includin CRITICAL A ~ gutters, manholes g p~Pes, REA -Areas such as wetlands ~ etc. by ordinance or resolution by the jurisdictio treams sensitive areas, ,steep slopeS~ etc. as defined n• Also known as environmentally INFILTRATION - (percolation is essent alb king of water throe or retain stor Y the same thin gh the soil surface into the ground mwater, and thus do g)' Many Ponds are designed to infiltrate not have a regularly used discharge pipe INFILTRATION F retains and AGILITY OR STRUCTURE surface w percolates stormwater into the - A facilit titer Y (pond or trench under normal o ground, havin )which perating conditions. g no discharge (to any JUN_ C~ _ point where two or a manhole), more drainage pipes or channels conver JURISDICTION - OI m 9e (e.g., applicable). y p~a~ Lacey, Tumwater, Yelm, or Thurston C ounty (as LINED POND OR CONVEYANCE - been made imper-vious A facility, the bottom to the transmission of liqusa g' for example, a and sides of which have plastic liner or clay/silt soil layer LIVE STORAGE - ) after a storm The volume of stora event. This stora ge in a Pond above the outlet which drains protection for nearb 9e area provides flood control and Y streams. habitat MA~H~ - A lar Manholes allow a9cess to'underg oun h basin d stormwater round, with a solid lid. NATURAL CHANNEL - Pipes for maintenance. ravine Stream, creek, river, lake or any open conduit where water 'Wetland or continuously. will concentrate and flow i9telr ' Y, swale, OIL-WATER SEP mittently solids fro ARATOR - A structure or different dens'ties. They operate b device used to re y using gravit move oil and greasy some oil-water se Many catch basins have a Y Separation of liquids that have partition, downturned elbow that OUTFACE - Provides ~-._ The point where water flows from drain into a water body or other natural dr ' a man-made conduit, channel, or ainage feature. RETENTION FACILITY - An infiltration facili RETENTION p ty. OND - q retention facility that is an open REVETMENTS -Materials such as rock or Pond. embankment, such as in a retainin keystones used to sustain an RIP RAP - 9 wall. -~ Broken rock, cobbles top of a berm for the emergency overflodw rs placed on earth surfac along steep slopeS~ or at theuout et of a pipe, for protection against the action of water. Also used for entrances to construction sites. RU-_FF -Stormwater. SAND FILTER - A treatment facility that removes sediment and pollutants from Stormwater by percolating water through a layer of sand. Clean water exits the bottom of the facility through a pipe, while Stormwater flows in excess of the facility design overflow the sand bed and bypass the facility. STORMWATER -That portion of precipitation that falls on property and that does not naturally percolate into the ground or evaporate, but flows via overland flow channels or pipes into a defined surface water channel, or a constructed infiltration facility. Stormwater includes washdown water and other wastewater' that enters the drainage system. S_ - A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot. This term is used interchangeabl with "BIOFILTER". y TRASH RACK OR BAR SCREEN - A device (usually a screen or bars) that fits over a pipe opening to prevent large debris such as rocks or branches from enterin and partially blocking the pipe. g WEWE_ND - A stormwater treatment pond designed with a dead storage area to maintain a continuous or seasonal static water level below the pond outlet elevation. Order No.: 118546 MISCELLANEOUS GUARANTEE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 25, 2001 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. .~~~~. . PACIFIC NORTH~~FST TITLE Insurance Compam~. Inc. t~tiE INSUA SS ,.......,. 'eN m i -• : 9 ~: SEAL j.: vy'••., „7926 ~,,.•~ ~~! ~ wgsxtwc~°a President Countersigned by: Mlchelle UeS 1 l I `. ~1 Authoriz d Si natory Thurston Count~Title Com~~_ Company ~ ~S Edst 8th Olym is WA 9801 rztim g4~.~~r~n Fax r~~m i.4Fi_9~15 City, State G•1103• 2926 GUARANTEE CONDITIONS AND STIPULATIONS 1. Deflnltl0n Of Terms -The following terms when used in the Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Exclusions from Coverage of this Guarantee -The Company assumes no liability for Toss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (h) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1 ), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title. and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claim to 6e Given by Assured Claimant - An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. NO Duty t0 Defend Or Prosecute -The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a parry, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. • Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may he necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgement cr order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence. obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company maybe necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Pr00f Of LOSS Or Damage - In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company. a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of lass or damage shall describe the matters covered by this Guarantee vrhich constitute the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced 6y the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition. the Assured may reasonably 6e required to submit to examination under oath byany authorized representative of the Company and shall produce for examination. inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company. all records.. hooks, ledgers. checks. correspondence and memoranda. whether bearing a date before or after Date of Guarantee. vrhich reasonably pertain to the loss or damage. Further. if requested by any authorized representative of the Company. the Assured shall grant its permission. in writing. for any authorized representative of the Company to examine. inspect and copy all records, books. ledgers. checks. correspondence and memoranda in the custody or control of a third party, .vhich reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall no[ be disclosed to others unless, in the reasonable judgement of fhe Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonaby necessary information from third parties as required in the above paragraph. unless prohibited by la:v or governmental regulation. shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability -Incase of a claim undnr this Guarantee. the Company shall have the follm^ring additional options ra} To Pav or Tender Payment of the Amount nl Liability or to Pu«.hase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a Iienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company of cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent Oi Liability-This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against bythis Guarantee. 9. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matterassured against by this Guarantee in a reasonably diligent manner byany method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company. 10. Reduction Of Liability Or Termination Oi Liability -All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro Canto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. Suhregati0n Upon Payment Or Settlement -Whenever the Company shall have settled and paid a claim under this Guarantee; all right of subrogation shall vest in the Company unaffected byany act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the lass of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbitration • Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to. any controversy or claim heriveen the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is 51.000.000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000.000 shall be arbitrated only when agreed to by bath the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in svhich the land is located permits a court to award attorneys fees to a prevailing pam~. Judgemenl upon the avrard rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The lavr of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract (al This Guarantee together with all endorsements. it any, attached hereto by the Company is the entire Guarantee and contract betvreen the Assured and the Company. In interpreting any provision of this Guarantee. this Guarantee shall be construed as a avhole. (bj Any claim of loss or damage. whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a vrriting endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or validating officer or authorized signatory of the Company 15. NOlICBS, Where Sent -All notices required to he given the Company and any statement in writing required to be furnished the Company shall include the number of this guarantee and shall he addressed to the company at 1201 Third Avenue. Suite 3800. Seattle. Washington 98101-3055. MISCELLANEOUS GUARANTEE SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 118546 G-1103-2926 October 22, 2001 at 8:00 $1,000.00 a.m. Name of Assured: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: See Exhibit A attached hereto and made a part hereof. Title to said real property is vested in: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. -Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Additional Exceptions: Subdivision Guarantee Page 1 File Number: 118546 Exhibit A PARCEL A: Policy Number: G-1103-2926 Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg St. with Northerly line of Van Trump St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Southerly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. TOGETHER WITH the Southwesterly one half of Stevens Street adjoining on the Northeast as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37° 56' East 170 feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West 200 feet; thence North 37° 56' East 250 feet to the Southwesterly line of Coates Street; thence South 52° 04' East along said Southwesterly line of Coates Street 200 feet; thence South 37° 56' West 250 feet to the point of beginning. TOGETHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. In Thurston County, Washington. \ 23- 0202 1 8 ` ~ 23=04 EST TD'S s OPEN' 23-07 ~ 9 sQ~cE ~ 5~l ~~4 ~~ ~ 23-1 1 ~v ~ ~ 23-it ~ '~ 3 v ` ~ 2 -tto2 \ 2 '~ \ 23-N03 ` i $ 23-i4 ~ ~ y56 23-0~ yy~ '13-09 \ 23-020 ~ ,~, ~i55o y5y7 • ~ ~ 23-2 • • ~ i 23-1201 \_23-Oi i ~ 23-16 ~~~~ a `' OUNTY ' ' 23-20 ~ ^~ TF{URSTON C 23-13 i COMPANY ~ 555 ~ y 5s7 ~~ J. Qa ihis sketch is for informational purr s ~ ~~ to assist in location of streeu, section -~n~ 3-21 ~ ~~ \ or ocher features of ~a general nature, anpd \ ~{3 23-22 ~ \ must riot be relied upon to d Cr eineitself e~ size oc dimensions of the p p , 7, .a y ~(v5 23-23 ~ \ O \ .\ No liabilit .Do-s2~ ante heheontle Q compar~ \ \ ~f µ ~ X55$ ~- ~~ ` \ \ Y\~ LOT 3 ~ \o'` \ ~~ / \ \ \ ~ ~Sf ~ ~ 1 z of :'l \ ~0~ j,~ \ . r \ \ \ \~ / \\ l i \ \ 3 ~I 0 ~ ~gT .. ® ~~ \ \\ \ \ ~ o~ \ > / ~ ` \ \\ \ 2 \\ ~ \\ . ~• i .. \\ ~ / \\ t O ~ ~ vj~ 6 ~ ~ ~ 8 ~~ ~ i ~ ~ 1 •\~ ~ O 8 9 ~ ~ O g / ~ \ S ..b 6 5 9 / ~ ~ 8 ~ T~ \ \ / 7 SCHEDULE A (Continued) File Number: 118546 Policy Number: G-1103-2926 4. Deed of Trust dated June 27, 2001, recorded June 29, 2001, under File No. 3362513, to secure an indebtedness of $500,000.00; and any interest, advances or other obligations secured thereby; Grantor: Carl D. Teitge Development, Inc., a Washington Corporation and Robert A. Bussey Investments, Inc., a Washington Corporation Trustee: Totten, Inc. Beneficiary: West Coast Bank 5. Rights, if any, for utilities which may have been granted in vacated street previous to the vacation thereof. End of Schedule B Exceptions. NOTES: a) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Pcl A: Blk 15 of unrecorded Solberg's Second 19-17-2E Pcl B: Ptn SW NW 19-17-2E b) At the request of the assured the following information is provided: General taxes for 2001 in the sum of $469.86, are paid in full. Tax Account No. 227-19-230900. (Area Code 170) (Affects Parcel B) General taxes for 2001 in the sum of $2,025.74, are paid in full. Tax Account No. 227-19-231600. (Area Code 170) (Affects Parcel A) s/i MQ/sm Subdivision Guarantee Page 2 ~::~ _ . Order No.: 118546 MISCELLANEOUS GUARANTEE °~, ~~ -x 5. GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured Named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 25, 2001 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. t , r 'fi, `n . ;~.; . ~. ~`~ . ~s~ .`}> k~~, •~~ PACIFIC NORTI IWFST TITLE Insurance Company, Inc. ~Sl f~«E INSyc a3rf~ORPORATp ? o SEAL =,_ vy .,. 1926..~,~?~ ~ wgSNIN6S~~ G-1103- 2 9 2 6 ~~/~~ President Countersigned by: M1CIlelle UeS 1 I Authoriz d Si natory Thurston County Title Com any Company ~ QS East $tll Olympia WA 98501 13601943-7300 FAX /3h(1,178EL93a5 City, State 1 ~ GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition Of Terms -The following terms when used in the Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee forthe purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Exclusions from Coverage of this Guarantee -The company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claim to be Given by Assured Claimant - An Assured shall notify the company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. NO Duty t0 Defend Or PrOSBCUte -The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. -Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall tlo so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgement or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the detense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Pr00f Of LOSS Or Damage - In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured underthe Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, vdhich reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability -Incase of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount awing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered [o the Company of cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determinatl0n and EXtent Of Llability -This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not he liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability -All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall he furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. SUbrOgatlOn Upon Payment Or Settlement -Whenever the Company shall have settled and paid a claim under this Guarantee; all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbltratlnn -Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by bath the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 15. Notices, Where Sent -All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this guarantee and shall be addressed to the company at 1201 Third Avenue, Suite 3800, Seattle, Washington 98101-3055. MISCELLANEOUS GUARANTEE SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 118546 G-1103-2926 October 22, 2001 at 8:00 $1,000.00 a.m. Name of Assured: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: See Exhibit A attached hereto and made a part hereof. Title to said real property is vested in: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Additional Exceptions: Subdivision Guarantee Page 1 File Number: 118546 Exhibit A PARCEL A: Policy Number: G-1103-2926 Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg St. with Northerly line of Van Trump St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Southerly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. TOGETHER WITH the Southwesterly one half of Stevens Street adjoining on the Northeast as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37° 56' East 170 feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West 200 feet; thence North 37° 56' East 250 feet to the Southwesterly line of Coates Street; thence South 52° 04' East along said Southwesterly line of Coates Street 200 feet; thence South 37° 56' West 250 feet to the point of beginning. TOGETHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. In Thurston County, Washington. . .~ r. __ ~ ~~ '~ /,;, . •..a •:~ Sr ~~ ., ~~`' EST' 7'.ES v~ s OPEN' 23-07 ~ 9 SPACE ~ 5rj~ ~~4 ~~, \ ~ 23-t t ~ ,` 2 ~ 23-1t ~ '~ 3 ~ 2 -~io2 \ 2 ,~ 2y5~4 23- 01 yy~ 13-09 \ 23-020 ~ .~ X550 y5y~ • ~ ~ 23-2 _ \~ N5~1 • ~ i 23-1201 \_23-01 1 ' ~ 23-16 ~ 56~ a ~ `' BOUNTY ~ ' THURSTON •. \ 23-13 ~ 23-20 ~ ,<j COMPANY y~5~ y 5$~ 'yl T ~. -his sketch is for informational pure s O ` ~~ to assist in location of streeu, section lines; 3-21 23-22 ~ O~`O \ \ or other features of a general nature, and must riot be relied upon to d c r e inei~ ipe, \ ~3 \ size or dimensions of the p p ,'}, ff \ c \ No liabilitxi.~ as2~ ante theheonltle ~rj~p7 23-23 Q~ \ Ol \ compac~j \ \ ~5~$ ~~ ~ \ \ \ \` ` 12 ` 0~ - 2-c,o- V\~ LOT 3 \ \o'` \ ~~ c / \ \ ~ ~ ~S ~ / \\ gyp' \ \ \~ ~ ~ D'tU\ 11 \ ~ ~ ~ 3~ 01 p ~ ® ~h ,\ o a~ O - ~ / Uj~ n ~,. 6 / ~ n~ / >~~ ,n. ~/ i ~ 6 .. SCHEDULE A (Continued) File Number: 118546 Policy Number: G-1103-2926 4. Deed of Trust dated June 27, 2001, recorded June 29, 2001, under File No. 3362513, to secure an indebtedness of $500,000.00; and any interest, advances or other obligations secured thereby; Grantor: Carl D. Teitge Development, Inc., a Washington Corporation and Robert A. Bussey Investments, Inc., a Washington Corporation Trustee: Totten, Inc. Beneficiary: West Coast Bank 5. Rights, if any, for utilities which may have been granted in vacated street previous to the vacation thereof. End of Schedule B Exceptions. NOTES: a) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Pcl A: Blk 15 of unrecorded Solberg's Second 19-17-2E Pcl B: Ptn SW NW 19-17-2E b) At the request of the assured the following information is provided: General taxes for 2001 in the sum of $469.86, are paid in full. Tax Account No. 227-19-230900. (Area Code 170) (Affects Parcel B) General taxes for 2001 in the sum of $2,025.74, are paid in full. Tax Account No. 227-19-231600. (Area Code 170) (Affects Parcel A) s/i MQ/sm Subdivision Guarantee Page 2 Order No.: 118546 MISCELLANEOUS GUARANTEE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHEI PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE , PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATIOI THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTIT OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO TH VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding th liability amount stated in Schedule A which the Assured shall sustain by reason of ar incorrectness in the assurances set forth in Schedule A. Dated: October 25, 2001 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability. or assurances o than as contained herein, please contact the company for further information as to the availability and cost. "~; ~, _ .~~~~ ~:, S ' S'ij~ I i!, ~; ~- PACIFIC NORTFiWF.ST TITLE Insurance Company, Inc. ~S,~t\t~ IMS//g4~c ~~ ~otwowt>~ '"; SEAL v~. 1928 .p•1 d ~gSNIMOSO~' ~~/i~ President Countersigned b : M1CIlelle UeS 1 Authoriz d Si natory Thurston County Title Comp~y Company - . 105 East 8th - Olymppis WA 9a~01 1~60194~ 7~0() 'FAX r~f()1 7'3.f~9~15 City, State G•1103• 2926 SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 118546 G-1103-2926 October 22, 2001 at 8:00 $1,000.00 a.m. Name of Assured: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters'relative to the description of which is fully set forth in under the recording laws, impart following described real property: See Exhibit A attached hereto and made a part hereof. Title to said real property is vested in: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Additional Exceptions: Subdivision Guarantee Page 1 SCHEDULE A (Continued) File Number: 118546 Policy Number: G-1103-2926 4. Deed of Trust dated June 27, 2001, recorded June 29, 2001, under File No. 3362513, to secure an indebtedness of $500,000.00; and any interest, advances or other obligations secured thereby; Grantor: Carl D. Teitge Development, Inc., a Washington Corporation and Robert A. Bussey Investments, Inc., a Washington Corporation Trustee: Totten, Inc. Beneficiary: West Coast Bank 5. Rights, if any, for utilities which may have been granted in vacated street previous to the vacation thereof. End of Schedule B Exceptions. NOTES: a) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Pcl A: Blk 15 of unrecorded Solberg's Second 19-17-2E Pcl B: Ptn SW NW 19-17-2E b) At the request of the assured the following information is provided: General taxes for 2001 in the sum of $469.86, are paid in full. Tax Account No. 227-19-230900. (Area Code 170) (Affects Parcel B) General taxes for 2001 in the sum of $2,025.74, are paid in full. Tax Account No. 227-19-231600. (Area Code 170) (Affects Parcel A) s/i MQlsm Subdivision Guarantee Page 2 File Number: 118546 Policy Number: G-1103-2926 Exhibit A PAR--- CEL A: Block 15 of unrecorded Solberg's Second Addition to Yelm d Beginnin ~ escribed as follows: 9 at intersection of Westerly line of Solber St. St., said point being North 52° g with Norther) Solberg's First Addition to Yelm• 04 West 50 feet from Y line of Van Trump thence North 52° 04~ Southwest corner of Block 1 Street, 250 feet; Northwester) and West at right angles to Van Trum angles to Van Trum y parallel with said street 400 feet• ' aloe p St. 250 feet to Northerly line of said street extendedutherl p g extension of said street 400 feet to beginnin Y at right North, Range 2 East g. ~ in ,Southeasterly adjoinin ' WM• TOGETHER WITH the Southwesterly one h If Steven g on the Northeast as vacated b ~ Township 17 February 22, 2001 under File No. Y City of Yelm s Street 3337171. Ordinance No. 728 recorded PAR--~ B: That part of the Southwest North, Range 2 East quarter of the Northwest quarter of Section 19 W.M., described as follows: Township 17 Beginning at a point North 37° Solberg's First Addition to Yelm, acco d ng to7plat recordedt ne runnin most Northerly corner of South g, thence North 52° 04' West 200 feet• thence North 37 olume 9 of Plats westerly line of Coates Street; thence South 52 'page 31; ' ° 56' East 250 feet to the line of Coates Street 200 feet; thence South 37 56 ° 04' East alon ° 'West 250 feet to the TOGETHER WITH the Northeasterly one half of Stevens Street g said Southwesterly as vacated by City of Yelm Ordinance No. 728 recorded Februa p°int of beginning. 3337171. adjoining on the Southwest ry 22, 2001 under File No. In Thurston County, Washington. ~r ~~ 0 23-07 2 23-1 y56 y~ ; ~~ ~`' EST 9 ~ ~ sF ~ 23-t t / 23-11 ~ -1102 23-N03 13 - 09 ~S' \~ ~z_ ,~ ~ i 23-1201 c~•~ h ..' h 23-20 ~( ~~ ~ THURSTOONMPANY Y ~ ~ 23-13 `f y 557 ~~ ~ yg5 ~ ~L~ This sketch is for informational purr s 3-21 ~ ~p~ \ to assist in location of streets, section lin ~ or other features of a general nature, and ~{3 23-22 ~ \ must not be relied upon to determine shape, \ \ size or dimensions of the prepert~~ itself. \ y rj~5 23-23 ~ ~ No liabilit ~ assumed by this title ~~1 \ \ ~ \ compar~~2~iance thereon, - \ t ~ ;' \\ \ \ / ~ ~ 8 . ~c,~"`~ ~' 2 \ \, tips, / V\~ LOT 3 \ ,~ ~ ~\' ~f / \ \ \ ~ ~S. f ~ r \\ O O \ ~ ~Q'tQ \ \ \ ~ gr .. ®\,~~j~ \ \ ~ / \\ \\ 11 \ \ \ 3 ~ 010 ~ J ~ \ \ , / \\ \ ~ oss \ / \ z / \\ t ^ . 3 \ / / 10 O, s ~ 0 s ~~~ ~ ~~ ~ \ \`\~ V i a ~. ~, i~ i ~~ i /n ~ ~/ a Order No.: 118546 MISCELLANEOUS GUARANTEE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 25, 2001 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. It you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. at~. P.-~ciFrc NoRTxw~T TrrL~ Imurance Compam~, inc. 11~~rE INtiuA4 `~:' CORPoIiATf ~':: o e _._ ~: SEAL 'J ~' 7926 ~~~ ~ASNINGZ6~ ~~~~ President Countersigned by: Michelle QUeS 1 r ~ i Authoriz d Si natory Thurston County Title Company company 105 Edst 8th Olymppia WA 9801 l~tit11943-7(1(1 FAX (3F01 i46-9315___. City. State G•1103• 2926 SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 118546 G-1103-2926 October 22, 2001 at _8:00 $1,000.00 a.m. Name of Assured: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: See Exhibit A attached hereto and made a part hereof. Title to said real property is vested in: ROBERT A. BUSSEY INVESTMENTS INC., a Washington corporation and CARL D. TEITGE DEVELOPMENT INC., a Washington corporation Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Additional Exceptions: Subdivision Guarantee Page 1 File Number: 118546 Exhibit A PARCEL A: Policy Number: G-1103-2926 Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg St. with Northerly line of Van Trump St., said point being North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250 feet; Northwesterly and parallel with said street 400 feet; Southerly at right angles to Van Trump St. 250 feet to Northerly line of said street extended; Southeasterly along extension of said street 400 feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. TOGETHER WITH the Southwesterly one half of Stevens Street adjoining on the Northeast as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. PARCEL B: That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., described as follows: Beginning at a point North 37° 56' East 170 feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West 200 feet; thence North 37° 56' East 250 feet to the Southwesterly line of Coates Street; thence South 52° 04' East along said Southwesterly line of Coates Street 200 feet; thence South 37° 56' West 250 feet to the point of beginning. TOGETHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by City of Yelm Ordinance No. 728 recorded February 22, 2001 under File No. 3337171. In Thurston County, Washington. r ~~ ~ ~s~ ~,~s ~y 23-07 g OPEN' 6 ~ SPACE ~ C ~1 ~~4 ~~ ~ 23-~ t ~~. 3 ~ 7 ~' ~ 23-1t ~ v 2 ~ -tto2 \ 2 ~' \ 23-N03 ` ~ $~ 23-14 ~ ~ /l X56 23-01 71to 13-09 \ 23-0201 to ~ ,~ ' ~5~a y 5 y~ 23-2 • ~ i 23-1201 \.23-01 1 ~ 23-16 ~5~~ a 'F h OUNTY ' THURSTOt~i ~ 23-13 ~ 23-20 ~` ,~y COMPANY • y555 ~ y S$7 ~~ ; ~.~~ ihis sketch is for informational purr s to assist in location of streets, sect'~c~ ~ lip 3-21 ~ ~`p ~ or other features of a general nature, and ~3 23-22 ~ ~ must riotbe relied upon to determine shape, ~ \ ~ size or dimensions of the prepertyitsetf, \ .~ ~ ~j(p5 23-23 ~ ~ O ~ No lia P I~s2~iance theheon'tle Q tom a ,; y V~~ LOT 3 ~ moo'` ~ ~~ / ~ \ ~ ~ ~S~^ ' ~ J \ \ 0 3 ~ ~~ / ~~ ~ -ao \ / . / 10 O/o ' ~\ 0 C ~ / aj~ !~ ~r_ 6 s ~~ ~ ~~ ~ i ' \ \~\~ V s `' ~ /~/~ i ^~ 1 i /~ ~ ~/ 6 SCHEDULE A (Continued) File Number: 118546 Policy Number: G-1103-2926 4. Deed of Trust dated June 27, 2001, recorded June 29, 2001, under File No. 3362513, to secure an indebtedness of $500,000.00; and any interest, advances or other obligations secured thereby; Grantor: Carl D. Teitge Development, Inc., a Washington Corporation and Robert A. Bussey Investments, Inc., a Washington Corporation Trustee: Totten, Inc. Beneficiary: West Coast Bank 5. Rights, if any, for utilities which may have been granted in vacated street previous to the vacation thereof. End of Schedule B Exceptions. NOTES: a) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Pcl A: Blk 15 of unrecorded Solberg's Second 19-17-2E Pcl B: Ptn SW NW 19-17-2E b) At the request of the assured the following information is provided: General taxes for 2001 in the sum of $469.86, are paid in full. Tax Account No. 227-19-230900. (Area Code 170) (Affects Parcel B) General taxes for 2001 in the sum of $2,025.74, are paid in full. Tax Account No. 227-19-231600. (Area Code 170) (Affects Parcel A) s/i MO/sm Subdivision Guarantee Page 2 Return to: City of Yelm Public Works P.O. Box 479 Yelm, WA 98597 RESIDENTIAL AGREEMENT TO MAINTAIN S'TORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN CI'T'Y OI+ YELM (1IEI2EINAI+TER "JURISDIC'T'ION") AND LONGl~~I11tE NII~AUOWS i101~'IEOWNER'S ASSN. THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAI+TER "OWNER") CRAN'1'OR: LONCMIIZE 1~11~,AUOWS IIOMI~',OWNI?R'S ASSN. GRANTEE: YELM, CI'T'Y O~ LEGAL llESCRIPTION: NW '/, Sec.19, T17N, R2E, W.M. ASSESSOR'S TAX. PARCEL NO.: 22719231600 & 22719230900 The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources in the City of Yelm. All property Owners are expected to conduct business in a manner that promotes envire>m»ental protection. 'I'bis Agreement contains specilis provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. The authority to require maintenance and pollution source control is provided in City Ordinance 561 and in Development Guidelines, Chapter 7, Sanitary Scwer "Maintenance Required for Private Sto-•mwatcr Drainage Systems." %%% ,,\ !,/ ~y LEGAL DESCRIPTION: ~~ BI~k ~s of unreeetcied Sol"13erg's S.eeond Add~on t$"Y~kri, desel•ibed aa--folLe~vvs: Be iutlill g g at intersection"of Westet-ty l~ of Solbefg Str~~,wi tyre Northerly Lirrlle of V~1n Trmtip Street, sa-rd p.(~itst bcil-lg Nlal'th 5~2'° (~ West, 5.~}=f' ~'(;~rrl So.~t-thwcst cot~r~r~esfi3lc~k--I; Solberg's Fiat Additioxr-taYe~rr; theme Noi.~t115 (~W@st at ri"glit a11,g-les to V-~li Tr.~~rlfip S~seet, 2-~0-fit; Noxtl-rvvesterly acrd pa.>:allel with said stl.,eet 49fl=feet; Soutl~e~Iy a,~ri~t-arl~les ,to Van True Street 2~$-feet to-Nol~rly lime o~sair~-s~•et ext~ed; Soutll~;~sterly aletfig ext€-rlsion"efsaid 40~=feet tQ-begill~.~ilrg. Lying i~l-Sect~n IA; To~rrship 1-7 Nth, Rairge 2~ Tllat part-~f tl~e Soulllvvest quaUe~l- o f tjle Nol~ll~vest qua~t'cr ~ Sect+on .1~; Tawrrship 1 ~ Nex-th, Ra~2 Cast, ~L.-IVI: desccibedas follows: I3egitlniElg a~t~a l~oia~t I~Ioi't113~~-'~C~st; 1~0-fe.~t-frorn the 1T1.6~t No€t~rerly cal~uer o.f So113erg's Fiat Addi><isn t~l'e.1~r1, accal-ding te-' plat receded i-u Volu~rre 9 ra#'P-lads, page3-i; runlung th~~ N.Qr~S.~° 04' Vet, ~; thence Na1~k~Q~C' East, 2-~9"=~'e,~t-t~tl~-So~~t~ly ~i~-o~"Ceates Str.~t; thence So~i~--- 5-Z°.A~` East alot>_g Sout~esterly lhle of Ceases Sheet', 2.6f~-feet; theylee Se~tl~-~° 36' W~s~-- 2.~0-feet~ta t1~-pQia~t e~be^gj>~ning. Together wll portions of vacated Stevens Street. r('"~~ r~ ~ ~~ Whereas, the OWNER has constructed improvements, including~ilt not limited to, ~-~ ` ~`~- buildings, pavement, and stormwatcr facilities on the property described above. In order to IUrthCl' t11C g0aIS OI llle JU1'IShcChon t0 CI1SU1'C the hI'OtCCtl011 and cnhancenlcnt of Yclm's water resources, the Jurisdiction and the OWNF,IZ hereby enter into this Agreement. The responsibilities of each party to this A};recmcnt arc identi(icd below. OWNER SHALL: (I) Implement the stonnwater laclllty I1lalntenallCC pl"Ogralll 111CILlded herelll as Attachment "A". (2) Implement the pollution source control program included herein as Attachment "I3". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment at 1 l 10 rr}'ar Avenue, Suite C, Sunulcr, WA 98390. 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 ("pl"ObIC111S") listed in Attachnlcnt "A" shall be inspected as specified in the attached instructions or more often if necessary. The OWNER is cncouragc(I to photocopy the individu~ll checklists in nttachnlcnt "A" and use them to conlpletc its inspections. 'these completed checklists would then, in combination, comprise the log book. (~) S(lbnllt all annual 1"Cport t0 t11C .I111'IS(IICtIOn rC~al'dlllg lllll)1CI11Cntat1011 0( tI1C I)I'O~,'1'an1S referenced in (1) and (2) above. The report must be submitted on or before May I S of each calendar year and shall contain, at a n1I111111U111, the following: EXHIBIT A Lit Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly fine of Soibcrg 5t. wfch Northerly ttne of Van Tru~~~t, 9t., ~.+~~ point boing North 52° 04' West 50 feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 37° 58' West at right angles to Van Tru~Tip Street, 250 feet; Northwesterly and parallel with said street 400 lash Southerly at right angies to Van Trump St. 250 feet to Northerly tine of said street extended; Southeasterly along extenalon of said street 400 foot to beginning. Lying in Section 19, Township 17 North, Range Z East, W.M. IUCitrtirFC WITH ttte Svutirweateily ~i~v Malt ul 3tavons Ctreet adjoining on the Northeast as vacated by City of Ye-m Ordinance No. 7?.8 recorded February 22, 2001 under File No, 3337171. >~RCEL t3; That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M., vuaL~it~v~l ds fvllvwa: Beginning at a point North 37° 56' L=ast 170 feet from ttio most Northerly eornor of Snlherg's First Addition to Yolm, according to pint recorded in Volurne 9 of f lots, page 31; running thence Norili 52° 04' West 200 feet; thence North 37° 56' East 250 foot to the Soutliwe~terly lino of Coates Street; thence Soullt 52° 04' Fast along said Soulhwestorly lino of Coates Street 2.00 foot; thence South 37° 58' West 250 feet to the point of beginning. '('OGFTHER WITH the Northeasterly one half of Stevens Street adjoining on the Southwest as vacated by Clty of Yelm ~rdinanc4 No, 728 recorded February 22, 2001 under File No. 3337'171. In Yhurston County, Wash(ngton. LEGAL DESCRIPTION: Block 15 of unrecorded Solberg's Second Addition to Yelm, described as follows: Beginning at intersection of Westerly line of Solberg Street with the Northerly Line of Van Trump Street, said point being North 52° 04' West, 50-feet from Southwest corner of Block 1, Solberg's First Addition to Yelm; thence North 52° 04' West at right angles to Van Trump Street, 250-feet; Northwesterly and parallel with said street 400-feet; Southerly at right angles to Van Trump Street 250-feet to Northerly line of said street extended; Southeasterly along extension of said 400-feet to beginning. Lying in Section 19, Township 17 North, Range 2 East, W.M. That part of the Southwest quarter of the Northwest quarter of Section 19, Township 17 North, Range 2 East, W.M. described as follows: Beginning at a point North 37° 56' Cast, 170-feet from the most Northerly corner of Solberg's First Addition to Yelm, according to plat recorded in Volume 9 of Plats, page 31; running thence North 52° 04' West, 200-feet; thence North 37° 56' East, 250-feet to the Southwesterly line of Coates Street; thence South 52° 04' East along Southwesterly line of Coates Street, 200-feet; thence South 37° 56' West, 250-feet to the point of beginning. Together with all portions of vacated Stevens Street. Whereas, the OWNER has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to 1'urthcr the goals of the Jurisdiction to ensure the protection and enhancement of Yclm's water resources, the Jurisdiction and the OWNER hereby enter into this Agreement. 'I'hc 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) Implement the pollution source control program included herein as Attachment "B". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment at l l 10 I+ryar Avenue, Suite C, Sumner, WA 98390. 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 he inspected as specified in the attached instructions or more often if necessary. The OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) 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 businesses, the persons, or the firms 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 re('crcnced in (1) and (2) above. A photocopy of the appllcablc scchons 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 SCrVICCS. (d) An outline of planned activities for the next year. THE JURISDICTION SHALL: (1) Provide technical assistance to the OWNER in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request and as .lurisdiction time and resources pernut. (2) Review the annual report and conduct a minimum of one (I) site visit per year to discuss performance and problems with the OWNER. (3) Review this agreement with the OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities existing on the property, the Jurisdiction shall give the owner of the property within which the drainage facilities are located, and the person in control of said property, notice of the specific maintenance and/or repair required. The Director shall set a reasonable tine (in most instances not less than 10 days) 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 Director, written notice will be sent to the Owner of the property in which the drainage lacilitics arc located and the person in control of said property staling the JLlr1SCIICtIOn'S Intention t0 pCl'101'm SUCK malntCnilnCC and bill the Owner for all incurred expenses. The Jurisdiction may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the Owner bill if required maintenance is not peI•formcd. (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 Remedies (I), above, shall be required under such circumstances. (3) The 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 (I) and/or (2). (4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the Jurisdiction within 30 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 judgements. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. (5) The owner hereby grants to the Jurisdiction a lien against the above described property in an amount equal to the cost incurred by the Jurisdiction to perform the maintenance or repair work described herein. 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 from OWNER or its successors, any right, title, or interest in the property, or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, alld t0 the benCht Of all Cltl'7.CnS Of the JUI'ISdICtIOn. `rte -~^ --- ~ -~. Carl D. Teitge, Presier` Longmire Meauuws rlomeowner's Ass . ~°~ ~,. Robert A. I3usscy, Secretary/T asurer Longmire Meadows I lon)cowner's Assn. E:bfriceAJOBS\2000\00-219 Longmire Meadows\00-219 ~1TTnC11-A~@[3-RCS-DR-rcv.10.26.01.doc STATIJ OF WASHINGTON ) ss COUNTY OF ~~~ - S ) On this day and year above personally appeared before mc, Carl U. 'I'citi;c and Robert A. I3ussey, known to be the individual(s) described, and who executed the foregoing instrument and aclsl~q.~ulecdgc that he signed the same as his ii•ce and voluntary act and deed for the uses in mentioned a Gi~~r~~~s~ha id aG~d official seal this 2 ' ~'~~ ,~p'R`( ~~cn • ~~s Z day o f t ~-e 200 I. i jV:~~~i'~oG ~C~.'y~ CL P ~,-°•' ~" Notary Public in and for the State of ~~~~ ST'•• ••'•~ip`'~w Washington, residing in >,~~ ATE OF 4 , My commission expires 2-~1-0~ Dated at ,Washington, this day of , 200_. Public Works Director STATIJ 0[+ WASIiINGT'ON ) ) SS COUNTY Oh "I'l1UIZS'1'ON ) On this day and year above personally appeared before me, known to be the Director of Public Works for the City of Yelm, a Municipal Corporation, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of 200 Notary Public in and for the State of Washington, residing in My commission expires APPROVED AS TO FORM: ATTACHMENT ~~A" - STORMWATER FACILITY MAINTENANCE GUIDE INTRODUCTION ~Qla~.t.J~ ,~r~aa~.~~r.~~a~a~~f? When urban and suburban development covers the land with buildings, houses, streets and parking lots, much of the native topsoil, duff, trees, shrubs and grass are replaced by asphalt and concrete. Rainfall that would have soaked directly into the ground instead stays on the surface as stormwater runoff making its way into storm drains (including man-made pipes, ditches, or swale networks), stormwater ponds, surface and groundwater, and eventually to Puget Sound. a~t.~~.~5.~~.r.~,.~. ~i~...~v~~rn.~~a~~ao~nr~~s~~nc~r~? The storm drain system for most developments includes components that carry, store, cleanse, and release the stormwater. These components work together to reduce the impacts of development on the environment. These impacts can include flooding which results in property damage and blocked emergency routes, erosion which can cause damage to salmon spawning habitat, and pollution which harms fish and/or drinking water supplies. The storm drain system provides a safe method to carry stormwater to the treatment and storage area. Swales and ponds filter pollutants from the stormwater by physically settling out particles, chemically binding pollutants to pond sediments, and biologically converting pollutants to less-harmful compounds. The ponds also store the treated water, releasing it gradually to a nearby stream or to groundwater. The various components of storm drain systems are described in the glossary. ~/,~a~.t~.cs..~tQrrr.~~~~ex...F~yr~o~. ~a~~e tQ ~Io~aii~l~e~.Q,~~~Y? stormwater runoff needs to be treated because it carries litter, oil, gasoline, fertilizers, pesticides, pet wastes, sediments, and anything else that can float, dissolve or be swept along by moving water. Left untreated, polluted stormwater can reach nearby waterways where it can harm and even kill aquatic life. It can also pollute groundwater to the extent that it must be treated before it can be used for drinking. Nationally, stormwater is recognized as a major threat to water quality. Remember to keep everything out of stormwater systems except the rainwater they are designed to collect. 1CQ~~~ig~~lrh ~tormwater,FaGli~y stormwater facilities can be attractive as well as functional. They can provide both active and passive-use recreation areas and open space for wildlife. Perhaps you've noticed a wet pond or dry pond in your neighborhood. These different types of ponds are designed for different purposes. For example, wet ponds primarily provide treatment of stormwater. They also provide good cover and habitat for birds and small mammals, making them fine "wildlife preserves". Dry ponds or infiltration ponds are designed to provide storage for stormwater and gradually release it downstream or allow it to filter into the ground. These types of ponds can be maintained as grassy play areas, and may even house formal play equipment. All stormwater facilities need to be maintained. Regular maintenance ensures proper functioning and keeps the facility visually appealing. This stormwater Facility Maintenance Guide was designed to help explain how stormwater facilities work and provide user-friendly, straightforward guidance on how to maintain them. As a homeowner or homeowner's association, you are responsible for regularly maintaining privately owned ponds, catch basins, pipes and other drainage facilities within your subdivision. stormwater facilities located in public right-of- ways are maintained by local governments. This Maintenance Guide includes a Site Plan specific to your development and a Facility Key that identifies the private stormwater facilities you are responsible for maintaining. A "Quick List" of maintenance activities has also been included to help you identify the more routine needs for your facility. • A Glossary that defines terms and explains functions of the various components of stormwater drainage systems; • A comprehensive Maintenance Checklist that provides specific details on required maintenance; • A section on Pollution Prevention Tips that lists ways to protect water quality and keep storm drain systems functioning smoothly; • And a section on Resources that directs you to sources of more information and technical assistance. 1.~~~~',~,~1~91~.1~t The Cities of Lacey, Olympia and Tumwater together with Thurston County are taking steps to educate and involve area residents in water quality issues and stormwater management. stormwater runoff is a widespread cause of water quality impairment and stream degradation. The jurisdictions are working together with residents, businesses, community groups and schools to address this problem. This Guide focuses on providing information on ways that residents and businesses can reduce stormwater impacts through pollution prevention and proper facility maintenance. Everyone needs to help keep waterways and groundwater clean. With proper management and common sense, we can continue to enjoy clean, safe streams and drinking water. YOUR STORMWATER FACILITIES This section consists of two parts that are to be used together: the Faci/ity Key and the Site Plan. Look on the site plan and identify the numbers denoting a feature of the system. Then look on the facility key to see what that feature is called and which checklist applies. FACILITY KEY The stormwater facility in your neighborhood is comprised of the following elements: Type of Feature & Checklist Name Location on Site Plan Infiltration Pond 1 Catch Basins, Manholes, and Inlets 2 Grounds and Landscaping 3 Conveyance Pipes, Ditches, and Swales 4 Drywells, French Drains, or Downspouts See individual lot site Ian. Access Roads and Easements 5 SITE PLAN QUICK LIST The following list is an abbreviated checklist of the most common types of maintenance you should have to do. Please try and go over this checklist after heavy rains. This is a bare minimum and should be done in conjunction with the other checklists in order to make your maintenance program effective. ^ Check catch basin grates to see that they are not clogged or broken. Remove twigs, leaves, or other blockages. Contact the local jurisdiction to replace the grate if it is broken. ^ Check inlet and outlet pipes for blockages. Clear all blockages. ^ Check pond walls for erosion or caved in areas. ^ Check riprap (rocks) at the inlets and outlets of culverts and other pipes. If they are silted in or eroded away, replace them. MAINTENANCE CHECKLISTS The Maintenance Checklists in this packet are for you to use when checking the stormwater facilities in your neighborhood. This packet has been customized so that only the checklists for your facilities are included. If you feel you are missing a checklist, or you have additional facilities not identified or addressed in this packet, please contact your developer or local jurisdiction. The checklists are in tabular format for ease of use and brevity. Each checklist tells you what part of the feature to check, how often to check it, what to check for, and what to do about it. Log sheets are included toward the end of the chapter to help you keep track of when you last surveyed the storm drainage system. Although it is not intended for the maintenance survey to involve anything too difficult or strenuous, there are a few tools that will make the job easier and safer. These tools include: cis A flashlight. cis A long pole or broom handle. c~ Some kind of pry bar or lifting tool for pulling manhole and grate covers. c~ Gloves. A listing of resources is included in the next chapter. Here you will find the phone numbers of the agencies referred to in the tables, as well as the contractor and consultants that designed and constructed your facilities. SAFETY WARNING: Due to OSHA regulations you should never stick your head or any part of your body into a manhole or other type of confined space. When looking into a manhole or catch basin, stand above it and use the flashlight to help you see. Use a pole or broom handle that is long enough when you are checking sediment depths in confined spaces. NO PART OF YOUR BODY SHOULD BREAK THE PLANE OF THE OPEN HOLE. PONDS There are essentially three kinds of ponds: treatment ponds, infiltration ponds, and detention ponds. Although each pond has unique maintenance requirements, there are also many things they have in common. Your facility is an infiltration pond. Part of When Pond to What to Check For What to Do Check Check it Entire Pond Quarterly Dumping of yard wastes such as grass clippings Remove trash and debris and dispose of and branches into basin. Presence of glass, properly. lastic, metal, foam, and coated a er. Entire Pond Quarterly Any vegetation that may constitute a hazard to the Remove invasive or noxious vegetation. Do public, such as tansy ragwort, poison oak, not spray chemicals on vegetation without stinging nettles, devilsclub. obtaining guidance from WSU Cooperative Extension and approval from the City or Count . Entire Pond Quarterly Presence of chemicals such as natural gas, oil, First, try and locate the source of the and gasoline, obnoxious color, odor, or sludge. pollution. Then call the Moderate Risk Waste program at Thurston County Environmental Health to re ort the hazard. Entire Pond Quarterly Sparse, weedy, or overgrown grass in grassy For grassy ponds, selectively thatch, aerate, (dry/infiltration) ponds. Presence of invasive and re-seed ponds. Grass should be kept species or sparse growth of plants in wet ponds. less than 8 inches high. For wet ponds, hand-plant nursery-grown wetland plants in bare areas. Contact WSU Cooperative Extension for guidance on invasive species. Pond bottoms should have uniform dense coverage of desired plant species. Entire Pond Quarterly Any evidence of rodent Boles if your facility is Destroy rodents and repair the dam or berm. acting as a dam or berm. Water should not be Contact the Thurston County Health able to flow lhrou h rodent holes. De artment for uidance. Entire Pond Quarterly Insects such as wasps and hornets interfering Destroy or remove insects. Contact WSU with maintenance activities, or mosquitoes Cooperative Extension for guidance. becomin a nuisance. Entire Pond Annually Ensure that trees are not interfering with Prune tree limbs to allow for maintenance. maintenance (i.e., mowing, silt removal, or Some trees may be cut for firewood. access. Inlet Annually a e sure t at t e nprap un er t ie rn et pipe is intact and that no natrve soil is exposed. Also Replace rocks or clean out sediment. check for accumulations of sediment more than 'h the height of the rocks. Outlet Quarterly The rip rap overflow should be intact and clear of ep ace rip rap r mrssrng. emove any tras debris. Water should be able to flow freely of debris and drspose of properly. throw h overflow. Side Slopes Annually Check around inlets and outlets for signs of Try and determine what has caused the erosion. Check berms for signs of sliding or erosion and fix it. Stabilize slopes by settling. Action is needed where eroded damage reinforcing the slope with rock, planting is over 2 inches deep and where there is potential grass, or compacting the soil. Contact WSU for continued erosion. Cooperative Extension for guidance on slope reinforcement. Storage Area Annually Check to see if sediment is building up on the Clean out the sediment and re-seed the pond bottom. A buried or partially buried outlet pond if deemed necessary to improve structure or very slow infiltration rate probably infiltration and control erosion. indicates si nificant sediment de osits. Dikes Annuall An art of the dike that has settled si nificantl Build the dike back to the on final elevation. Emergency Annually Check to see that the rip rap protective area is Replace rocks so that all native soil is Overflow/ intact. If any exposed native soil is present you covered. S illwa should re air it. Trench Drain Quarterly Check to see that the grate is clear of debris, and Remove debris from grate, clean drain. that the drain is not lu ed. CATCH BASINS AND INLETS These structures are typically located in the streets and public rights-of-way. Local jurisdictions are responsible for routine maintenance of the pipes and catch basins in rights-of-way, while the homeowners association is responsible for keeping the grates clear of debris in all areas as well as pipes and catch basins in private areas. Part of Catch When to Basin to Check it What to Check For What fo Do Check Catch basin During and after Trash or debris accumulating in front of the Remove blocking trash or debris opening major storms catch basin opening and not allowing water to with a rake and clean off the flow in. rate. Catch basin Quarterly Sediment or debris in the basin should be kept Clean out the catch basin of under 50% of the depth from the bottom of the sediment and debris. pipe to the bottom of the basin. Use a long stick or broom handle to poke into sediment and determine de th. Inlet and outlet Quarterly Trash or debris in the pipes should not be more Clean out inlet and outlet pipes pipes than 1/5 of its height. Also, there should not be of trash or debris. any tree roots or other vegetation growing in the i es. Inlet and outlet pipe Annually There should be no cracks wider than Yz inch Repair cracks or replace the joints and longer than 1 foot at the joint of any inlet or joints. outlet pipe. Also check for evidence of sediment entering the catch basin through cracks. Grate Quarterly The grate should not have cracks longer than 2 Replace the grate. inches. There should not be multiple cracks. Frame Quarterly Ensure that the frame is sitting flush on top of Repair or replace the frame so it the concrete structure (slab). A separation of is flush with the slab. more than'/. inch between the frame and the slab should be corrected. Catch basin Annually Inspect the walls of the basin for cracks wider Replace or repair the basin. than % inch and longer than 3 feet. Also check Contact a professional engineer for any evidence of sediment entering the for evaluation. catch basin through cracks. Determine whether or not the structure is sound. Catch basin Quarterly There should be no chemicals such as natural Clean out catch basin. Contact gas, oil, and gasoline in the catch basin. your local jurisdiction or Check for obnoxious color, odor, or oily sludge. Thurston County Environmental Health if you detect a color, odor, or oily sludge. Oil/Water separator Quarterly Water surface in catch basin has significant Remove the catch basin lid and Sdownturned " " sludge, oil, grease, or scum layer covering all skim off oil layer. Pour oil into a e bow or T in or most of the water surface. disposable container, seal catch basin) container, wrap securely in newspaper, and place in trash. Water surface should be clear of oily layer. Pipe Elbow Quarterly Top or bottom of pipe appears to have broken Remove the catch basin lid and off. Check for any apparent damage and h examine the pipe for damage. If c eck to see if it is plumb. broken, hire a contractor to replace pipe in accordance with approved plans on file with your l l i i oca jur sdict on. CONVEYANCE PIPES, DITCHES, AND SWALES Part of When to What to Check For What to Do System to Check it Check Pipes Annually Accumulated sediment should not exceed 20% Clean out pipes of all of the diameter of the pipe. Vegetation should sediment and debris. not reduce free movement of water through Remove all vegetation so pipes. Ensure that the protective coating rs not d d t d D t h ld d that water flows freely amage an rus e . en s s ou not through pipes. Reparr or significantly impede Flow. Pipe should not have replace pipe. mator cracks or tears allowing water to leak out. Open ditches Quarterly There should not be any yard waste or litter in Remove trash and debris the ditch. and dispose of them properly. Open ditches Annually Accumulated sediment should not exceed 20% Clean out ditch of all of the depth of the ditch. sediment and debris. Open ditches & Annually Check for vegetation (e.g., weedy shrubs or Clear blocking vegetation so Swales saplings) that reduces the free movement of that water flows freely water through ditches or swales. through ditches. Grassy vegetation should be left alone. Open ditches & Quarterly Check around inlets and outlets for signs of Eliminate causes of erosion. Swales erosion. Check slopes for signs of sloughing ttli A ti i h d d Stabilize slopes by using i or se ng. c on s nee w ere eroded e appropr ate erosion control damage rs over 2 inches deep and where there measures (e.g., reinforce is potential for continued erosion. with rock, plant grass, com act soil. Open ditches & Annually Native soil beneath the rock splash pad, check Replace rocks to design Swales dam, or lining should not be visible. standard. Swales Quarterly Grass cover is sparse and weedy; or areas are Aerate soils and reseed and overgrown with woody vegetation. mulch bare areas. Keep grass less than S inches high. Remove woody growth, regrade, and reseed as necessary. Swales Quarterly Swale has been filled in or blocked by shed, If possible, speak with woodpile, shrubbery, etc. homeowner and request that the swale area be restored. Swales Annually Water stands in swale or flow velocity is very A survey may be needed to slow. Stagnation occurs. check grades. Grades need to be in 1-5% range if possible. If grade is less g than 1%, un erdrains may need to be installed. GROUNDS AND LANDSCAPING Part of Grounds to When to Check it What to Check For What to Do Check Landscaped Quarterly Weeds growing out of control in landscaped Pull weeds by hand if Areas area. , possible, to avoid using chemical weed controls. Landscaped Quarterly Check for any presence of poison ivy or other Rernove poisonous vegetation Areas poisonous vegetation or insect nests. or insect nests that are present in landscaped area. Landscaped Quarterly There should not be any yard waste or litter in Remove and dispose of litter Areas landscaped areas. properly Landscaped Quarterly Noticeable rills are seen in landscaped areas. Identify the causes of erosion Areas and take steps to slow down or disperse the water. Fill in contour, and seed area. Trees and Annually Limbs or parts of trees or shrubs that are split Trim trees and shrubs to shrubs or broken. restore shape. Replace severely damaged trees and shrubs. Trees and shrub Annually Trees or shrubs that have been blown down or Replant trees or shrubs, s knocked over. inspecting for injury to stem or roots. Replace rf severely damaged. Trees and Shrubs Annually Trees or shrubs that are not adequately Place stakes and rubber- supported or are leaning over, causing coated ties around young exposure of the roots. trees/shrubs for support. ACCESS ROADS AND EASEMENTS Area to When to Check Check it What to Check For What to Do General One Time Check to determine if there is enough If there is not enough access to your stormwater facilities for access, check with your maintenance vehicles. local jurisdiction to determine whether an easement exists. If so, a maintenance road may need to be constructed there. Access road Quarterly Debris that could damage vehicle tires Clear all potentially (glass or metal). damaging debris. Access road Annually Any obstructions that reduce clearance Clear along and over above and along the road to less than 14 roadway so there is feet. enough clearance. Road surface Annually Check for potholes ruts, mushy spots, or woody debris that ~imit access b Add ravel or remove d y maintenance vehicles. woo as necessary. Shoulders and Annually Check for erosion along the roadway. Repair erosion with ditches additional soil or gravel. DRYWELLS, FRENCH DRAINS, OR DOWNSPOUTS Each lot is required to have an onsite drywell for onsite improvements. Part of System to Check When to Check it What to Check For What to Do Downspout Annually Water overflows from the downspout over the First try cleaning out the ground. gutters and downspouts. g this doesn't solve the problem you ma need to install a bigger dyrywefl. Roof Annually Moss and algae are taking over the shadier Disconnect the flexible parts of the shingles. art of the downspout that P eads to the drywell. Perform moss removal as desired. Pressure wash or use fatty acid solutions instead of highly toxic esticides or chlorine bleach. Install a zinc strip as a preventative. RESOURCE LISTING If you are unsure whether a problem exists, please contact your focal jurisdiction at one of the numbers below and ask for Technical Assistance. Contact Numbers: Lacey Water Resources 491-5600 Olympia Sewer & Stormwater Engineering 753-8768 Tumwater Public Works (Engineering) 754-4140 Yelm Public Works 458-3244 Thurston County (Storm & Surface Water) 754-4681 WSU Cooperative Extension 786-5445 Developer Information: TEBO Ventures III 157 Lemieux Lane Tenino, WA 98589 (360) 264-6355 Engineer's Information: Hatton Godat Pantier 1840 Barnes Blvd SW Tumwater, WA 98512 (360) 943-1599 LOG SHEET Use log sheets to keep track of when maintenance checks occur and what items, if any, are repaired or altered. The completed sheets will serve as a record of past maintenance activities and will provide valuable information on how your facilities are operating. This information will be useful for future requirements regarding the types of facilities that are installed. It helps to keep all log sheets in a designated area so others can easily access them. Date Checked/ Checked By Name: Position in HOA: Address: City: State: Zip: Phone Number: Part of Facility Checked Observations (List things that should be done Follow-up Actions Taken Date Action Taken ATTACHMENT ~~B" -- RESIDENTIAL BEST MANAGEMENT PRACTICES POLLUTION PREVENTION FOR HOMEOWNERS PURPOSE Many products and practices commonly used in and around our houses are hazardous to both the environment and us. Many of these products can end up in our stormwater systems and groundwater. This document gives alternatives, where possible, for those types of products and practices. The Best Management Practices (BMPs) described here, include "good housekeeping" practices that everyone can use. RECOMMENDED POLLUTION CONTROL PRACTICES FOR HOMEOWNERS It has been said that the average home today contains more chemicals than the average chemical lab of 100 years ago. When many of these chemicals are used industrially, they can be subject to various health and safety standards; yet these same substances are used freely and often carelessly in our homes. The BMPs in this section are divided into four categories: Household Hazardous Wastes, Pesticides, Remodeling, and Septic Maintenance. Each section includes information on available alternatives. HOUSEHOLD HAZARDOUS WASTES Many of the cleaning agents, solvents, polishes, etc. used commonly in the home are considered hazardous. These products may be toxic, corrosive, reactive, flammable, and/or carcinogenic. It is critical that these products are handled with care and are properly disposed. A list of common household hazardous materials is presented in Table 1. In addition, many hazardous household chemicals persist for long periods of time in the environment. Manufacturers may truthfully state that a product is "biodegradable"; most products are biodegradable, but what is important is the rate at which they are broken down and the products they are broken down into. The term "biodegradable" on its own is misleading at best, unless the product is rapidly degraded into harmless substances. It is important to note here that the term "biodegradable" currently has no legal definition in this state. This means that any product can use this term according to the manufacturer's own definition. This definition may not be at all similar to the consumer's perception. The following ideas will help you reduce the risks of stormwater and ground water contamination from many household products: HOUSEHOLD PRODUCT MANAGEMENT 1. Read the label of products before you buy them. Toxic product labels will carry many warnings. Either bypass such products or buy them in small quantities. If you cannot use the entire product, try to give it away instead of disposing of it. Thurston County periodically facilitates product exchanges for leftover paints and other hazardous wastes. Call the Thurston County Health Department at 754-4111 for more information. 2. Buy only those detergents that contain little or no phosphorus. Phosphorus can cause algae blooms if it is washed into lakes or streams. Most detergents that are low or phosphate free are labeled as such. 3. Use no more than the manufacturer's suggested amount of any cleanser. More is not necessarily better. 4. Products such as oven cleanser, floor wax, furniture polish, drain cleaners, and spot removers often contain chemicals that are toxic. Buy the feast toxic product available, and use anon-toxic substitute if one can be found. Ovens, for example, can be cleaned by applying table salt to spills, then scrubbing with a solution of washing soda and water. Table Z lists substitutes for many commonly used household products. If it is necessary to use a product that contains toxic chemicals, use the product only as directed. Do not combine products, as they may become more dangerous when mixed (example: mixing chlorine bleach and ammonia produces dangerous gases). Use eye wear and rubber gloves as appropriate. Contact the Hazardous Substance Hotline at 1-800-633-7585 if you have any questions regarding disposal of a product or empty container. The County has both hazardous waste collection days and permanent facilities where residents can bring hazardous wastes. Call the Thurston County Health Department at 754-4111 for more information. 5. Chemicals left over from some activities, such as photography and auto repair, are hazardous and should not be flushed down the sink. This is especially important if your home is hooked up to a septic system. Toxic chemicals can kill the bacteria in the tank that treat sewage and pollute water supply wells. 6. Be sure that all containers are clearly marked. 7. Common (not automobile) batteries are one of the largest sources of heavy metals (such as lead, nickel, cadmium, and mercury) found in 4 landfills. Instead of throwing them away, dispose of them at a hazardous waste collection site. AUTOMOTIVE USAGE, CARE AND MAINTENANCE From a waste management standpoint, automobile maintenance is best done by professionals at facilities designed to handle, store, and dispose of the waste products properly. Many of these facilities do an excellent job of dealing with waste oils, antifreezes, other fluids, batteries and tires. They often charge a small fee to cover the added expenses, but it's worth it. However if you repair your car at home, please consider these helpful tips: 1. Cars should be serviced regularly. Any leaky lines or valves should be replaced. 2. Dumping oil, degreasers, antifreeze, and other automotive liquids into a stream or a storm drain violates city, county and state laws or ordinances. Do not dump them onto the ground because they will end up in stormwater runoff or in groundwater. Do not use oil to reduce dust levels on unpaved areas. Instead, recycle used oil and antifreeze. Keep them in separate containers. Call the Recycling Hotline at 1-800-RECYCLE or call the Thurston County Health Department for the location of the nearest recycling center, or call your local automotive service centers to see if they take oil for recycling. Some may also take used oil filters. 3. Wrap empty oil or antifreeze containers in several layers of newspaper, tie securely and place in a covered trashcan. Antifreeze is sweet tasting, but poisonous to people, fish, pets and wildlife. 4. Sweep your driveway instead of hosing it down. Fluids and heavy metals associated with automobiles can build up on driveway surfaces and be washed into local surface or groundwater when driveways are hosed down. 5. When washing vehicles, do so over your lawn or where you can direct soapsuds onto the lawn or another vegetated area to keep the soaps from washing into the storm drain system or local surface water. Your stormwater pond cannot cleanse soapy water from washed cars. 6. Small spills of oil and other fluids can be absorbed by using materials such as kitty litter or sawdust. Wrap the used kitty litter and any contaminated soil in a plastic bag and then place it in the garbage. If a spill reaches surface water, you must notify the nearest regional office of the Department of Ecology Immediately! The Southwest Regional Office number is 407-6300 or call 911. There are fines for failure to notify the appropriate agency when a spill occurs. 7. De-icing chemicals (various types of salt) can harm concrete less than three years in age, burn vegetation, and be corrosive to cars and other metal objects. De-icing chemicals and their additives can be toxic. (Cyanide is formed from the breakdown of a common anti-caking agent used in de-icing chemicals.) Urea salts are an alternative to other types of salt de-icers, but great care must be used in applying them. These salts contain large quantities of nitrogen, which can severely burn plants and encourage algae growth in lakes and/or Puget Sound, if over-applied. 8. The use of these chemicals should be minimized or avoided. Instead, shovel walks clear and apply a dusting of sand to improve footing. Table 1 Hazardous Household Substances List Auto, Boat and Equipment Repair and C leansing Agents Maintenance Remodeling 1. Batteries 1. Adhesives, glues, 1. Oven cleaners cements 2. Waxes and cleansers 2. Roof coatings, 2. Degreasers and sealants spot .removers 3. Paints, solvents and 3. Caulking and 3. Toilet, drain and thinners sealants septic tank cleaners 4. Additives 4. Epoxy resins 4. Polishes, waxes and strippers 5. Gasoline 5. Solvent-based paints 5. Deck, patio and chimney cleaners 6. Flushes 6. Solvents and thinners 6. Solvent cleaning fluids 7. Auto repair materials 7. Paint removers and strippers 8. Motor oil 9. Diesel oil 10. Antifreeze Pesticides Hobby and Miscellaneous Recreation 1. Insecticides 1. Paints, thinners and 1. Ammunition solvents 2. Fungicides 2. Chemicals (photo and 2. Asbestos pool) 3. Rodenticides 3. Glues and cements 3. Fireworks 4. Molluscicides 4. Inks and dyes 5. Wood preservatives 5. Glazes 6. Moss retardants 6. Chemistry sets 7. Herbicides 7. Bottled gas 8. Fertilizers 8. White gas 9. Charcoal starter fluid Source: Guidelines for Local Hazardous Waste P/anning, Ecology, No. 87-I8 1987. Table 2 Non-Toxic or Less Toxic Alternatives to Toxic Products Hazardous Product L-Itprnativalcl Air fresheners Set out a dish of vinegar or simmer cinnamon and cloves or set out herbal bouquets or potpourri in open dishes or burn scented candles. Bleach Borax or oxygen bleaches or reduce bleach by ~/z and add ~/a - ~/z C. baking soda or let clothes dr in the sun. Brass olish. Worcestershire sauce. Chrome polish Apple cider vinegar or a paste of bakin soda and water or a lemon Coffee of cleaner Vine ar. Coffee stains Moist salt aste. Copper cleaner Mix lemon juice and salt or use tomato catsu Drain cleaner Use a plunger followed by ~/z C. baking soda mixed in '/z C. vinegar. Let sit 15 minutes, pour down 2 qt. boiling water. Furniture polish Linseed, olive or almond oils or a mixture of 3 parts olive oil to 1 part white vinegar or a mixture of 1 Tbs. lemon oil and 1 int mineral oil. Garba e dis osal deodorizer Used lemon rind or bakin soda. Glass cleaner Mix 2 Tbs. vine ar with 1 uart water. Grease remover Make a paste of borax on a damp cloth. Ink stain remover Spray with leftover non-aerosol hair s ra before washin . Laundr soa Borax bakin soda or washin soda Linoleum floor cleaner 1 C. white vine ar in 2 als. water. Mildew remover E ual arts vine ar and salt. Mothballs Cedar chips or blocks, or use dried tansy, lavender or peppercorns in drawers and closets. Oils ills Kitt litter sawdust. Oil stain removal White chalk rubbed into the stain prior to washin . Oven cleaner Pour lots of salt on fresh spills and scrape off after the oven cools. A soda water solution will cut grease. Paint ammonia on spills with a paintbrush , then rinse off. Paint brush softener Hot vine ar. Table 2 Non-Toxic or Less Toxic Alternatives to Toxic Products (Cont.) Hazardous Product Alternative s Paint stripper Use mechanical sanding instead of chemical stri ers. Paint/ rease remover Wear loves or use bab oil. Pet odor removal Cider vine ar. Pitch or sap remover Butter, margarine or vegetable shortenin . Porcelain stain remover Bakin soda Refri erator deodorizer O en box of bakin soda. Rug/carpet cleaner (General) Use asoap-based non- aerosol rug shampoo, vacuum when dry. (Spots) Pour on club soda or sprinkle cornmeal or cornstarch on the rug, let sit for at least 30 minutes, then vacuum. Rust removal Lemon 'uice lus salt lus sunli ht. Rust bolt remover Carbonated bevera e. Scorch mark remover Grated onion. Scouring powder Baking soda or anon-chlorine scouring owder. Silver polish Soak silver in warm water with 1 Tbs. soda, 1 Tbs. salt and a piece of aluminum foil. Stainless steel olish Mineral oil. Toilet bowl cleaner Paste of borax and lemon 'uice. Tub and the cleaner '/a C. soda and '/z C. white vinegar mixed with warm water. U holster sot remover Club soda. Water mark remover Tooth aste. Water softener '/a C. vine ar. PESTICIDESI AND FERTILIZERS Pesticides (such as insecticides and herbicides) and fertilizers are commonly used by homeowners in their quest for bigger, healthier plants and greener, lusher lawns. These chemicals are often overused. Homeowners often apply too much chemical at the wrong time, such as before heavy rains or any time the plants will not be able to absorb all the chemicals. These chemicals are easily introduced into stormwater runoff and can cause algae blooms (fertilizers) or kill off aquatic organisms (pesticides). ~ As used here, the word pesticide can mean any herbicide, insecticide, rodenlicide, miticide, or other types of chemicals used in the same manner. Fertilizer management Fertilizing a lawn can be done in an environmentally sensitive manner. Here are some ideas: 1. Before fertilizing, test your soil's pH. This can be easily done by using kits that are available, or through tests provided by WSU Cooperative Extension. Use only the recommended amount of fertilizer, and add any soil amendments, such as lime, that are recommended in your test results. 2. Use fertilizers that are appropriate for your area, and for the type of plants you are growing. Work the fertilizer into the soil directly around the plant's drip line. By incorporating the fertilizer in the soil, there will be less likelihood of contaminated runoff. Contact the Thurston Conservation District to find out this information. 3. Water before fertilizing. Water enough to dampen the ground thoroughly, but not enough to cause surface runoff. Dampening the soil prevents fertilizer from being washed from the surface of dry soil in the first rain or watering after application 4. Many soils can benefit from the use of organic fertilizers such as compost or peat. Not only do these substances add nutrients to soil, they also increase the porosity of the soil and increase its ability to hold water. 5. Slow release fertilizers (which are generally resin-coated) can be used in addition to organic fertilizers. They are not mobile in the soil, and are only applied once. Integrated pest management Rather than bringing out the sprayer whenever a pest infestation occurs in the garden, consider using Integrated Pest Management (also known as IPM). IPM emphasizes the evaluation of all factors including environmental effects before chemicals are applied. Pesticides should only be used as a last resort. Some of the tactics that can be used to decrease or eliminate the use of pesticides include: Use of Natural Predators, Pathogens: Because chemical sprays generally kill many beneficial insects instead of just the target pest, it may be necessary to introduce natural predators back into the garden. Ladybugs, lacewings, predatory wasps, and nematodes are all commercially available. Garter snakes and toads are also predators and should not be eliminated from the garden. There are some bacteria, viruses, and insect parasites that are specific to pests and will not harm other insects or animals. A commonly used bacterium in the Puget Sound area is Bacillus thuringiensis (Bt), which is intended to control infestations of tent caterpillars. Products containing Bt are available at your nursery. Habitat Changes: Many times a change of habitat can control pest infestations. Removal of old tires can cut down on the mosquito population by removing a convenient water-filled location for them to breed in. Crop rotation, even in a small garden, can reduce the number of pest infestations. Removing last year's leaves from under rose bushes can cut down on the incidence of mildew and blackspot, as these fungi overwinter in dead leaves. Timing: Crops that can overwinter (such as leeks or carrots) should be planted in the fall. This gives them time to become established before pests arrive in the spring. Mechanical: Many eggs, larvae, cocoons, and adult insects can be removed by hand. Be sure that the insect is properly identified prior to removing it so those beneficial insects are not destroyed in error. Drowning insects in plain water or spraying them with soapy water are alternatives to squashing them. Resistant Plants: Plants that are native to this area are often more resistant to pests and climate, etc. than are introduced plants. Many plant cultivars have been developed which are resistant to such diseases as verticilium wilt and peach leaf curl. Grass seed mixes are also available for lawns that need much less watering, mowing, and chemical use. Growing Conditions: Plants, such as hostas, that require some shade are more susceptible to pests when they are growing in the sun. Plants that are not properly fertilized or watered are less vigorous in growth and tend to attract pests. Plants that prefer an acid soil, such as azaleas, will perform better and be less susceptible to pests when they are grown in soil with the proper pH. Chemicals: Chemicals are a small part of the IPM plan and should be applied only as needed after reviewing all other alternatives. Pesticide management When use of a chemical is the best or only option, follow these simple guidelines: 1. Know what pest you are spraying for. Use the pesticide according to the manufacturer's instructions and buy only the quantity needed. Many pesticides have a limited shelf life and may be useless or degrade into even more toxic compounds if kept on the shelf. 2. Do not apply more than the specified amount. Overuse can be dangerous to your health as well as the health of wildlife and the environment. If more than one chemical can be used to control the pest, choose the least toxic. The word "caution" on the label means that the chemical is less toxic than one that is labeled "warning". 3. Do not spray on windy days, in the morning of what will be a very hot day, or when rain is likely to occur. Herbicides can drift and injure valuable ornamental plants in either yours or your neighbor's back yard. Do not water heavily after application. Plants should be lightly watered BEFORE application to prevent burning of the foliage, and to help evenly spread the chemical. 4. Never apply pesticides near streams, ponds, or wetlands (exception: approved applications for aquatic weeds). Do not apply them to bare eroded ground (exception: use of low toxicity herbicides such as Round-up to allow growth of desired planting in small areas). Many pesticides bind to soil particles and can be easily carried into a stream or storm drain. 5. Pesticides should be stored well away from living areas. Ideally, the storage area should have a cement floor and be insulated from temperature extremes. Always keep pesticides in their original containers with labels in tact. Labels often corrode and become illegible in this climate and may have to be taped onto the container. 6. Federal law now requires that all pesticides be labeled with the appropriate disposal method. Leftovers should never be dumped anywhere, including a landfill. Take unwanted pesticides to the County's hazardous waste collection days or Hazo House at the landfill. 7. Empty containers should be triple-rinsed and the rinse water used as spray. Once containers are triple-rinsed, they are not considered hazardous waste and may be disposed of in most landfills. However, call your local landfill before putting the container in the garbage. 8. If a pesticide is spilled onto pavement, it can be absorbed using kitty litter or sawdust. The contaminated absorbent should be bagged and labeled and taken to Hazo House. 9. If the pesticide is spilled onto dirt, dig up the dirt, place it in a plastic bag and take it to Hazo House. 10.Many pest control companies and licensed applicators have access to pesticides that are more toxic than those available to the consumer. Check with the company before they spray indoors or outdoors to find out what spray they will be using and what precautions, if any, are necessary after the operator leaves. HOME REMODELING Remodeling uses some of the most toxic substances found in the home. Paints, preservatives, strippers, brush cleaners, and solvents all contain a wide range of chemicals, some of which are suspected to be carcinogens (cancer causing). These products should never be dumped in a landfill or put down a sewer or septic system. 1. When building a deck consider using wood instead of concrete. Wood decking allows rainwater to drip onto the ground below, keeping it from becoming surface runoff. 2. Decks and sidewalks can also be built out of brick interlocking pavers or modular concrete. If these surfaces are placed on a bed of well-drained soil gravel or sand, rainwater can infiltrate into the around through them. 3. To reduce disposal problems, buy only the amount you need. Used turpentine or brush cleaner can be filtered and reused. Paint cans should be allowed to dry and then be disposed of during a hazardous waste collection day or at Hazo House. 4. Leftover paint can be given away, for example to a theater group. Contact the Thurston County Health Department at 754-4111 for other options. 5. Roof downspouts can be adjusted to infiltrate runoff where the soil is well drained. The runoff from them can enter a gravel bed where it can infiltrate into the ground. For design criteria, see your jurisdiction's drainage manual. 6. When gardening on slopes, reduce the potential for surface runoff by using terraces across the face of the hill. These can be as simple as little soil "bumps" or can be elaborate using such products as pressure-treated wood 4x4's or rock walls. SEPTIC SYSTEM CARE AND MANAGEMENT While septic systems do not seem to have a direct relationship with stormwater runoff, they can in some instances be related. 1. Roof drains and stormwater runoff should be diverted away from drainfields. Excess water reduces the capacity of the drainfield to absorb effluent from the septic tank. 2. Water from hot tubs should not be drained into a septic system all at once. They are not designed to handle large volumes of chlorinated water. Either use the water on plants in the yard, or drain the hot tub slowly over a period of days. 3. Septic tanks should be pumped regularly. Ponded water, damp places in the yard, foul odors and/or a dark gray or black soil color may indicate septic drain field failure. Effluent from a malfunctioning septic can cause disease and nitrate problems in groundwater. For septic system assistance, contact the Thurston County Health Department at 786-5490. REFERENCES Puget Sound Water Quality Authority, Managing Nonpoint Pollution - an Action Plan for Puget Sound Watersheds, 88-31, June 1989. Washington State Dept. of Ecology, Water Quality Guide -Recommended Pollution Control practices for Homeowners and Small Farm Operators 87-30, revised June 1991. Washington State Dept. of Ecology, Hazardous Waste Pesticides, 89-41, August 1989. GLOSSARY BEST MANAGEMENT PRACTICE (BMP) -Structures, conservation practices, or regulations that improve quality of runoff or reduce the impact of development on the quantity of runoff. BIOFILTER LSWALE) - A wider and flatter vegetated version of a ditch over which runoff flows at uniform depth and velocity. Biofilters perform best when vegetation has a thick mat of roots, leaves, and stems at the soil interface (such as grass). BIOFILTRATION -The process through which pollutant concentrations in runoff are reduced by filtering runoff through vegetation. BUFFER -The zone that protects aquatic resources by providing protection of slope stability, attenuation of runoff, and reduction of landslide hazards. An integral part of a stream or wetland ecosystem, it provides shading, input of organic debris, and coarse sediments to streams. It also allows room for variation in stream or wetland boundaries, habitat for wildlife, and protection from harmful intrusion. CATCH BASIN - An inlet for stormwater set into the ground, usually rectangular and made of concrete, and capped with a grate that allows stormwater to enter. CHECK DAM -Adam (e.g., rock, earthen, log) used in channels to reduce water velocities, promote sediment deposition, and/or enhance infiltration. COMPOST STORMWATER FILTER - A treatment facility that removes sediment and pollutants from stormwater by percolating water through a layer of specially prepared bigleaf maple compost. Clean water exits the bottom of the facility through a pipe, while stormwater flows in excess of the facility design overflow the compost bed and bypass the facility. CONSTRUCTED WETLAND - A wet pond with dead storage at varied depths and planted with wetland plants to enhance its treatment capabilities. CONTROL STRUCTURE OR FLOW RESTRICTOR - A manhole and/or pipe structure with aflow-regulating or metering device such as a weir or plates with small holes known as orifices. This structure controls the rate at which water leaves the pond. CONVEYANCE - A mechanism or device for transporting water including pipes, channels (natural and man-made), culverts, gutters, manholes, etc. CRITICAL AREA -Areas such as wetlands, streams, steep slopes, etc. as defined by ordinance or resolution by the jurisdiction. Also known as environmentally sensitive areas. CULVERT - A conveyance device (e.g., concrete box, pipe) which conveys water from a ditch, swale, or stream under (usually across) a roadway or embankment. DEAD STORAGE -The volume of storage in a pond below the outlet which does not drain after a storm event. This storage area provides treatment of the stormwater by allowing sediments to settle out. DETENTION FACILITY - A facility (e.g., pond, vault, pipe) in which surface and storm water is temporarily stored. DETENTION POND - A detention facility in the form of an open pond. DISPERSION TRENCH - An open-top trench filled with riprap or gravel that takes the discharge from a pond, spreads it out, and spills (bubbles) the flow out along its entire length. Dispersion trenches are used to simulate "sheet flow" of stormwater from an area, and are often used to protect sensitive adjacent areas, such as wetlands. DRAINAGE SYSTEM -The combination of Best Management Practices (BMPs), conveyances, treatment, retention, detention, and outfall features or structures on a project. DROP STRUCTURE - A structure for dropping water to a lower elevation and/or dissipating energy. A drop may be vertical or inclined. DRY POND - A detention facility that drains completely after a storm. This type of pond has a pipe outlet at the bottom. EASEMENT -Aright afforded a person to make limited use of another's real property. Typical easements are for pipes or access to ponds, and may be 15 to 20 feet wide. EMERGENCY OVERFLOW OR SPILLWAY - An area on the top edge of the pond that is slightly lower in elevation than areas around it. This area is normally lined with riprap. The emergency overflow is used only if the primary and secondary outlets of the pond fail, in the event of extreme storms, or if the infiltration capability of the pond becomes significantly diminished. If the emergency overflow ever comes into play, it may indicate the pond needs to be upgraded. ENERGY DISSIPATER - A rock pad at an outlet designed to slow the velocity, spread out the water leaving the pipe or channel, and reduce the potential for erosion. FREEBOARD -The vertical distance between the design high water mark and the elevation of the top of the pond. Most ponds have one to two feet of freeboard to prevent them from overflowing. INFILTRATION -The soaking of water through the soil surface into the ground (percolation is essentially the same thing). Many ponds are designed to infiltrate or retain stormwater, and thus do not have a regularly used discharge pipe. INFILTRATION FACILITY (OR STRUCTURE) - A facilit y (pond or trench) which retains and percolates stormwater into the ground, having no discharge (to any surface water) under normal operating conditions. JUNCTION -Point where two or more drainage pipes or channels converge (e.g., a manhole). JURISDICTION -Olympia, Lacey, Tumwater, Yelm, or Thurston County (as applicable). LINED POND OR CONVEYANCE - A facility, the bottom and sides of which have been made impervious (using, for example, a plastic liner or clay/silt soil layer) to the transmission of liquids. LIVE STORAGE -The volume of storage in a pond above the outlet which drains after a storm event. This storage area provides flood control and habitat protection for nearby streams. MA_ - A larger version of a catch basin, often round, with a solid lid. Manholes allow access to underground stormwater pipes for maintenance. NATURAL CHANNEL -Stream, creek, river, lake, wetland, estuary, gully, swale, ravine, or any open conduit where water will concentrate and flow intermittently or continuously. OIL-WATER SEPARATOR - A structure or device used to remove oil and greasy solids from water. They operate by using gravity separation of liquids that have different densities. Many catch basins have a downturned elbow that provides some oil-water separation. OUTFACE -The point where water flows from aman-made conduit, channel, or drain into a water body or other natural drainage feature. RETENTION FACILITY - An infiltration facility. RETENTION POND - A retention facility that is an open pond. REVETMENTS -Materials such as rock or keystones used to sustain an embankment, such as in a retaining wall. RIP RAP -Broken rock, cobbles, or boulders placed on earth surfaces, such as on top of a berm for the emergency overflow, along steep slopes, or at the outlet of a pipe, for protection against the action of water. Also used for entrances to construction sites. RUNOFF -Stormwater SAND FILTER - A treatment facility that removes sediment and pollutants from stormwater by percolating water through a layer of sand. Clean water exits the bottom of the facility through a pipe, while stormwater flows in excess of the facility design overflow the sand bed and bypass the facility. STORMWATER -That portion of precipitation that falls on property and that does not naturally percolate into the ground or evaporate, but flows via overland flow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. Stormwater includes washdown water and other wastewater that enters the drainage system. SWALE - A shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot. This term is used interchangeably with "BIOFILTER". TRASH RACK OR BAR SCREEN - A device (usually a screen or bars) that fits over a pipe opening to prevent large debris such as rocks or branches from entering and partially blocking the pipe. WET POND - A stormwater treatment pond designed with a dead storage area to maintain a continuous or seasonal static water level below the pond outlet elevation. THE ~~ YELM WASHINGTON March 1, 2001 TEBO Ventures III Mr. Carl Tietge 811 N. Stadium Way Tacoma, WA 98403 City of Yelm 10~ Yelm Avenue West P.O. Box 479 Yelm, Washington 9897 (360) 4~8-3244 Re: Preliminary Plat Approval, SUB-00-8265-YL- Notice of Final Decision Dear Mr. Tietge: On February 28, 2001, the Yelm City Council considered your application for the above referenced project. After review of the Planning Commission's recommendation, public hearing comments and the staff report, the City Council finds that the project, as conditioned below, to be consistent with the Yelm Comprehensive Plan and all applicable City policy and development standards. 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. As a result of the approved land use for the parcel, the affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office. The project is approved subject to the following conditions of approval: Sewer 1. Sewer ERU's are charged at the current rate of $4,850/ERU plus an inspection fee of $145.00/ERU payable at building permit issuance. The applicant shall be credited for the one existing connection. 2. The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. Water 3. An 8" PVC waterline extension will be required along Solberg. Van Trump will require an upgrade from the existing 4" AC line to an 8" PVC line. 4. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are charged a current rate of 31,000%ERU (fee subject to change) inside city limits. One ERU would be charged to each residential building lot. The applicant shall be credited for the one existing connection. These fees are payable at building permit issuance. 5. The 1~later Line improvements and connections shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. stormwater 6. The stormwater facility shall be landscaped in accordance with Chapter 17.84. 7. 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. 8. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. 9. 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. The agreement shall clearly state what improvements are allowed within the easements, who's responsible for removal, replacement and/or repairs of any improvements within the easement. Transportation 10. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Longmire, Van Trump and Solberg shall be consistent with the section "Local Access Commercial". Frontage improvements for Coates shall be consistent with the section "Neighborhood Collector': Stevens Street has been vacated by a Yelm City Council action. 11. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible for a TFC of $757.50 which is payable at time of building permit. 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 for review and approval. Open Space 14. The applicant shall pay a fee in-lieu-of providing on-site open space. The fee in-lieu-of is $6356.35 and is payable prior to final plat approval. Landscaping 15. The applicant shall submit a final landscaping and irrigation plan for review and approval. 16. The applicant shall use Best Management Practices to protect trees identified for retention. Construction fencing shall be placed around trees no closer than the trees drip line. Environmental 17. The applicant shall comply with the mitigation of the MDNS issued on December 18, 2000. Page 2 of 3 Property Addresses Prior to submission of final plat application, the applicant will provide the Building Department with a plat map for addressing. General Public Works 18. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. All lighting design will be submitted to Puget Sound Energy for review and approval. 19. The applicant shall submit a grading plan for review and approval prior to any on-site grading. 20. The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater-Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of materials containing asbestos and/or lead paint. 21. The applicant shall submit a demolition plan to the City for all structures on the project site. OAPCA review must be complete prior to application with the city for a demolition permit. If you have any questions or if I can be of further assistance please contact me at (360) 458-8408. 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N 1 j ~ ~ rs 1 ~ `~ 1 ~ ~ i ~ 'y w ~ ~ A 1 "~+«r~ ~"5` ..+^. ~~ t~ ~~ ~~ ' " ~~~% 1 ~ . ~,~, i -M. ,~ V wr r ~A w r Seri P ~~~I I~ rr~ I ® ~ ~••r --~ _ - - ~ ~~~~~~~ ~~ ~ ,~4~~=~~ ~~ 9 ~~~q~~ ~,~ ~~~~~~e ~ ~ 1 ~~ ~ ~~ ,~ ~ ~c,~d~ ~~ ~~~~~~ ~ ~~ SOAP. ~ : S":~ : ': r ~:t d ~ ~~ !`~ {$ ~ ~ ~ ~~ ~~ .i,,, , ~~.~ ~~ / I ~~ 1 .~. ~O ~~~ ,~ ti • a ~~ to recordinsc reLtttID..Is?: y~e m Cornrnunity Schools District No. 2 P. O. Aox 476 Yelm, WA 98597 Attn: Etling M. Birkland MTI'IGATION AGREEMENT Reference No: City of Yelm, Case ~ SS-00-8265-YL Granuor: 1. T'EBO Venture III, 157 Lemieux Lene, 'I'enino. WA 48589 "LonQtttire Meadows" Grantee: 1. Yelm Community Schools Uistriet No. 2 Legal Dtscsiption: S~'~'1/4 of NW1/4 of Sec. 19, T17N, R2E, WM Assessor's Property Tax Parcel IVttmbsrlAccoutlt Number: 22719231100, 22719231101, 22719231102, 22719231103 THIS Iv13TIGATION AGREEMPNT ("A cecment") is made this ~ ~' of ~Qt~lNt~Bt 2000, botween the YELM COMNIUNTTY SCIi00LS DISTRICT N0. 2, Xelrn, Washington (the "District") and TEBO Venture III (the "Developer'). A. The Developer has submitted an aB on to Thurston County for the construction of a 23 lot subdivision "Longtnite Meadows" along Tyongmire St. NW. Xclrn, Wash. (the "Project"). The Project is located on property that lies within District boundanes, more partiettlarly described on Exhibit A, attached hereto and incorporated herein by ceferenct. B. The State >;nvironmcntnl Policy Art, Chaptc: 43.Z1C RC~1 ("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 budding permits, may be reviewed to dttcrinine the nature and extent of then impact on the envirantnent. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impatts. C. The District's student population and growth pprojections indicate that the Project will hart an uripa;ct on the District, when cutnulntivo impacts of other projects ate considered. D. RC.'W 82.02.020 authorizes the Distnd to enter into a voluntary agreement with the Developer for payment to mitigate the Impact of the Developtr'a Project. E. Pursuant to Resolution No. 12-1tr93-O5, it is the poltcy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or otter mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. I~~IIWN~I~VIIN~II~WII~~mI ~°~M°?. F NOS, TNF-BEFORE, in ooe llcvelounr~~ i follow~itals and the mutual pro~nisos and covenants below, the Dtstnct and th 1. The Developer acknowledgesl and agrees that there is a direct Impact on the District as a result of the Developer's Project and that thin Agreement is necessary as a result of that impact. 2. The Developer acknowledges and a ices that in order to mitigate the duect impact of the Project, the Devoloper hea offered to pay the ~istrict the following Burn of money: Six hundred fifty Dollars (E6S0.00) for each lot in the subdivision or the total sum of Fourteen Thousand Nine Hundred Fifty dollars (St4,950.(10) (the "Mitigation Payment") for Wo z3 Iota of the subdivision. 3, Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of loft 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 six hundred fifty dollars (5650.00) per lot or Fourteen Thousand Nine Hundred Fifty dollars (514,950.00) for the pro act, shall be a condition of building permit issuance and Shall be made prior to or et the time of binding permit issuance for conatructton on a lot, Should the Developpecr sell portions of the developwent to contractors or other individuals, the Developer will be respvns'ble for notifying the buyer of this ntigation agrumcnt sad will notify the District of the sale, providing the Warne and address of the new buyer. 5. The District agrees to record flue Agreement after it has been executed by the parties. 6, The Developer acknowledges attd agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intormodiate School, Yolm Middl• School, and/or Ye1m high School and/or any other facilities that may be at`fected by the Projoct and/or the purchase of portable faeasaefrom the c ao me is date to 7. The Developer agrees that the Dtstnct has five (S) y p Y spend the Mitigation Payment for the capital improvements ar expenditures described in paragraph 6. In the event that the Matigatioa Paymcnc is aot cxppendod within those five yetus, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of rofund; however, if the Mitiga~on Payment is not expended wtthin five years due to delay which ie attributable to the Developer, the Payrr>Ent shall be refunded without interest. 8. 'i'Ite Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants end undertakes that it forever refrains and desists from instituting, asserting, filing of bringing any lawsuit, litigation, claiut, or challenggec or proceeding to challenge this Agreement, claun any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on say ground or basis whatsoever. 9. The District hereby waives say objection to rite Project ~ presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be full and complete tuitigation for the impact of the Pro~cct as presently proposed on the District. 11. This Agreement shall be bindtng upon and inert: to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action nsuat be brought to enforce the terms of this Agreement, such action shell be brought in Thurston County Superior Court. The prevailing party t;hall be entitled to payment o[ its costa and reasonable attorneys' fees. 13. This Agreement consticutcs die entire agrtcmcnt between the parties and any other agreement either written or oral shall be null and void. Iwm~-~N~I~II~'~RgN~~I~'=~.~~'^a Lti:GAL DESCRIPTION General Location L~i~t.~lL..-Y~lm.--ly.~lt~ Section jQ Township ,~ Range 2F Land Area I~,Q Tax Parcel Number: 227L9231100, Ol, 02: 03 YT?LM CO1vQv1tTNITY SCHOOLS DISTRICT NO. 2 DATED: t t ~,.b,~.. , a D t' D _ ~ ~~~.t,v ~ ~'..~" By; Alan Burke Its Supcrintt:ndcnt STATE OF WASHINGTON ) )SS COiJNTY OF THURSTON ) ) certify that I know or have satisfactory evidence that Alan Burke is the person who apppeared before me. and said person acknowledgeQ that ht signed this instrument, oa oath stated that he was authorised to execute the iastcument and acknowledged it as the Superintendent of the Ytlm Community Sehoole District No. 2 to b~ tt,e free and voluntary act of such party for the uses and purposes mentioned in the instrurtteut, ~_ 200 ., Cr;IV~l`1 under my hand and official slat this ~ S day of ,,~~ ''~Y •~ ~ '''••, '::~kA •,, ~~~``~'~ ~ N TA Y P ,IC and f rshc St J' ~ i ;; nT~ ' :.~ p ! Washington, biding a .`''==.° Ry %' ': = My Commission Axpices: ~U 9 V Y•• 1 ~.. 4• ~ ..~,~ Lei c` ti l~~'I2I).--- R bent A; $ussey Its • ,~°!.N_ r-~! ~ c.~ STA'L'E OF WASHINGTON ) )SS COUNTY OF TFLURSTON ) 1 certify that 1 know~,pr have satisfactory evidence that Robert A. Aussey is the person who appeared be ore (~t,~ d1~~d~ CEson acknowledgcd thnt he signed this instrumant, on oath stated that he was arathQ-,W a~ .`~~e~nst~umcnt and aclrnowled6ed it as the applicant for thin subdivision to beath!!"f't:+de! ,,ti•~n ,;AcI~-0f such parry for the us pnd ptupose ti e e instrument. ~rJ~~,~r~' p11ti-;a~i8.;gfficial seal this ~ ay of , 2000 . ~-~ i ~ ;.~ ,~."~:,~ • ' ~ ~ ~`~;~'~~; NOTARY PUBL C in an f~„tha,State of ,. r~~~=''~:'~.,~ ~~ ~ ~,~:, :~ ~~ s - • ~' Nashington, residing at ,_._f~~~.. ~~,,,~ '•`• ' ~~'~';: •~,~' ~` My Coaunission Expims: _ ~'~1~~ ,ems' ~" ~-~ .~,`• ec Yc Community Schools District No. 2 P. O- Box 476 Yelm, WA 98547 Attn: Erling M. Birkiand MITIGATION AGREEMENT Reference No: City of Yelm, Case # SS-00-8265-YL Grantor• 1. TEBO Venture III, 157 Lemieux Lane, Tenino. WA 98589 • "Longtnire Mcadows" Grantee: 1, Yelm Community Schools District No. Z Legal Description: SWt/4 of NW1/4 of Sec. 19, T17N, R2E, WM Asseseor'a Property Tax Parce! Nnnaber/Account Neunber: 22'119231100, 227 1 923 1 1 0 1, 22719231102, 22719231103 THIS MITIGATION AGREEMENT ("Agte~etnent") is made this ~!~' of ~~P~"f~e ,. 2000, between the YELM CObII41UNIT'Y SCHOOLS DISTRICT N0. 2, Xelrn, Washington {the "D:strict"} cad TEBO Ventute III (the "Developer"). A. The Developer has submitted an a on to Thurston County for the construction of a 23 lot subdivision "L.ongrture Meadows" along Longmixe St. NW. Yehu, Wash. (the "Project")• The Prvjeet is located on property that lies Within Dtstrict boundaries, more gatticulaTly described oA Exhibit A, attached hereto and incorporated iscrcin by reference. B. The State Environmcntnl Policy Art, Chngtcr 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 yr the issuznce of building permits, may be reviewed to determine the nature and extent of their impact on the envirounent. Irapaeta on public services, including schools, are eavimnmcatal impacts for the gurposea of SEPA. SBPA requires the mitigation of adverse envirottmeatal impacts. C. The District's student population and growth projections indicate that the Project will have an impact en the District, when cunnulative tmgacts of other projects are considered. D. RCW 82.02.020 suthoritJes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Pro}ect_ E. pursuant to Resolution No. 12-16.93-05, it is the policy of the District to recommend that the direct impact of developanent be voluntafilly mitigated by the paynunt 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. ~~I~~~~~~~~ a~?~.~~. B('.RF~ N F TIQW, THEREFORE, in consideration of the above recitals and the mutual pzoniisos and covenants below, the District and ells Developer agree se follows: 1. the Developer acknowledges sad agrees that there is a diurect imppact on the District es a result of tree Developer's Project and that this Agreement is necossary as a,resnlt of that impact. 2. The Developer acknowledges and a ees that in order to mthgate the direct impact of the Project, the Developer hen offered to pay the District the following sum of mosey: Six hundred fifty Dollars (S5S0.~) for each lot in the subdivision or the total sum of Fourteen Thousand Nine Hundred Fifty dollars (514,950.40) (the "Mitigation Payment") for the 23 lots of the subdivision. 3. Any extension, renewal, moll cation or arncndment 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 siz hundred fifty dollars ($650.00} per lot or Fourteen Thousand Nine Hundred Fifty dollars (514,950.00) for the ppro~ ~ect, shall be a eondthon of building, permit issuance and shaII be made prior to or at the time of building permit issuance for constmcnon on a lot. Should the Developer sell portions of the developwent to contractors or other individuals, the Developer vv1T1 be responsible for notifying the buyer of thi6 mitigation agreement and will notify the District of the sale, providing the name end address of the new buyer. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital itnprovetnents to the following factlttiea: Southworth Elementary School, MiII Pond Intsrrnadiate School, Yolrn Middle School, aadlor Yelm Hi1~1t School and/or say other facilities that may be s!`fectrd by the Project and/or th Duistrict has five S) f earsfrom~tbe payme cs dell to 7. The Developer agrees that e { Y spend the Mitigation Payment for the ca1?ttal improvements or expenditures described in paragraph 6. Ia the event that the MtAgstion Paymrennt is not expended within those five years, the moneys will be refunded with interest at the rate applied to j ~tnents to the property owners of retard at the trine of rafand; however, if the Mitigation Payment is not expended within five years due to delay which is attribuable to rtes Developer, the payment shall be refunded without interest. S. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bnngin$ any lawsuit, litigation, claim. or challan~e or proceeding to challenge this Agreement. claim ~Y repayment or reimbursement of funds, performance or improvements provided for therein, or any of its tams and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project ss presently proposed. 10. The District sad the Developer agree that the Mitiggatioa Payment will be full and complete mitigation for the impact of the Protect as presently proposal on the District. 11. This Agreement Shall be binding upon and in•,ue to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action moat be brought to enforce the terms of this Agreement, such action shaIl be brought in Thurston County 5u rior Court. The prevailing petty shall be entitled to payment of its costa and reasonable attaraeys' fees. 13. This Agreement constitutes the entire agreement between the parties and say other agreement either written or oral shall be null and void. ~~~Ww~~~~'m~'~ s DESCRIPTION Gcnerat Location ~.~^.~. NW-_ Y lm Wash. Section j~ Township,j~ Range 2E Land Area I.yO Tax Parcel Numbez; 227192311Q0, Ol, 02, 43 YELM COMMUNITY SCHOOLS DISTRICT NO. Z DATED: t { w~LJw O~ ~ C9 D _ ,~/~~ ~/~-~'`-- ` $y; Alan Burke Its Superintendent STATE OF WASHING?ON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burka is the person who apppeared before me. and said peraan aclmowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledgad it as the Superiatendenor theuses and Community Schools District No. 2 to ba the free and voluntary act of sueb party purposes mentioned in the ip~irttment. ,~e,r~yyt 1~- .2000 ,.GIVEN under my hand and official seal this s day of ,~.~, - ~~r~4''•s+~e: ~'•:''a '" N Y P IC sad f . e S °.~'• i~~ ors =~' G1' Washington, siding a _ ::,, -.,_ ~~ ~::~a-.. - . My Commission Expires: V If~iTED,---. Its • ~__L~!~Bussey ~y STATE OF WASHING70N ) )SS COUNTY OF THURSTON ) I certify that I kno~~w~,pr have satisfactory evidence that Robert A. Bussey is the person who appeared befom t, d~9~ppGFson acknowIedgcd that ho signed this insaument, on oath stated that he was ~ ' _ n _pe,;t~te~ast=ument and acknowledged it as rho applicant for thib subdivision to be+ttie,. ~# such perry for the u d purpose ti a instrument. ~~~~'~r~`~ 1:s,~fficial seal this ~~., day of ,2000 ~ a ,~ ~' = t~~ ; ~- ''"`R,,:u ~'' ~~^`'~ NOTARY PURL C is ~ # the State of ~~Y~`u= ~~ r < ~° `;,,~ss~ r-~°~" Washsngton, residing nt ="'. ~. •r ~~''. • My Commission Expires: -. :uir; . _ .~i. i~~~~~~M~ Nkw ~~