243 Short Plat 8017 ConfirmationCITY OF YELM
RESOLUTION N0. 243
SHORT PLAT 8017 CONFIRMATION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YELM CONFIRMING
THE INTENT OF THE CITY OF YELM WITH RESPECT TO THAT SHORT PLAT
APPROVED ON MAY 13, 1987 AND AUTHORIZING RECORDING OF A CORRECTED
DECLARATION OF SHORT PLAT AND COVENANTS.
WHEREAS, the original "Declaration of Short Plat and Covenants"
of short subdivision 8017 failed to specify the date of approval
and made reference to a nonexistent "Exhibit 'C "';
WHEREAS, the original signors of said document have presented to
the City a "Correction of Declaration of Short Plat and
Covenants," a copy of which is attached hereto, and
WHEREAS, the corrected document is consistent with the original
intent of the City Council as reflected in the minutes of the
Council meeting of May 13, 1987;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES
RESOLVE, AS FOLLOWS:
Section 1. Authorization to Record. The City Council of Yelm
does hereby consent to and authorize recording of the original of
the attached "Correction of Declaration of Short Plat and
Covenants."
ADOPTED th i s 22nd day of April 1992 .
~o-~ a~~~
Robert A. Sanders, Mayor
ATTEST:
A.
She ley Badger, ity Clerk
PASSED and APPROVED: aril 22 1992.
CITY OF YELM
RESOLUTION N0. 243 PAGE 1
KNOW ALL MEN BY THESE PRESENTS:
WE, THE UNDERSIGNED, being owners of certain real property situated in the Town of
Yeim, Thurston County State of Washington, more particularly described on Exhibit A; attached
hereto and by this reference thereto incorporated herein as though fully set forth herein, do
hereby declare the following:
1. That said real property has been subdivided In accordance with the provision of
Chapter 58.17, Revised Code of Washington, and Town of Yelm Ordinance No. 185,
and that said subdivision was approved by the Town Engineer of the Town of Yelm,
State of Washington, on this 13thday of MaY 19 87 , as Short
Plat No. SS-8017, subject to the following covenants and conditions:
(a) Said described real property may not be further subdivided In any
manner to effect a division thereof Into more than a total of four
parcels within live years from the 13th day of
May 19~ unless and until a final plat covering
said real property shall have been filed for record with the Auditor of
Thurston County, Washington, pursuant to the provisions of Chapter
58.17 Revised Code of Washington, and applicable ordinances and
resolutions of the Town of Yelm, Washington:
(b) All subsequent deed conveying the said described real property or
any portion thereof shall describe the roads described and shown as
private roads on the subdivision map wh~h is a part hereof and grant
the non-exclusive use of all such roads to the owners of all portions
of sa(d real property abutting said roads, providing access thereto
from a public right-of-way.
(c) Atl roads described and shown as private roads on the subdivision
map which is a part hereof shall be maintained by the owners of the
real property having Iegai access thereto or their heirs, successors,
and assigns, unless and until the same are Improved to Town of Yelm
standards and dedicated to and accepted by the Town of Yelm.
(d) A perpetual non-exclusive easement is hereby reserved for the
construction, maintenance and operation of telephone, electric, gas,
water and sewer lines, mains or conduits, over, across and under the
right-of-way of all roads described and shown as a private road on
the subdivision map which Is a part hereof.
(e) The right hereby reserved to make and maintain all necessary elopes
for cuts and tills upon the said described real property adjacent to all
roads (public or private) described and shown on the subdivision map
which is a part hereof in order that such roads may be graded in a
reasonable and proper manner and the further right hereby reserved
for the drainage of such roads over and across any lot or Iota where
the drainage water might take a natural course after reasonable
grading in connection with the Improvement of such road for
dedication.
(1) No drainage waters on any lot or lots shall be diverted or blocked
from their natural course so as to discharge upon any road right-of•
way or to hamper proper road drainage.
2. There is attached hereto, marked Exhibit 'B', and by this reference thereto
incorporated herein as though fully set forth herein, an illustrative map
depicting the subdivision of the said described real property, which map Is
based upon an accurate survey. Said map is a copy of the aforementioned
approved Short Plat No. SS-8017 as represented and Included as Exhibit 'B'
in that Declaration of Short Plat and Covenants, as Tiled in Volume 22 of
Short Subdivision, at page 280 and recorded under Auditor's File No.
8707170087.
3. The undersigned by these presents hereby dedicate(s) to the use of the
public forever all streets, avenues, places and sewer easements or
whatever public property as is shown on the above-referenced plat and the
use thereof for any and all public purposes not inconsistent with the use
thereof for public highway purposes, together with the right to make all
necessary slopes for cuts or Illls upon the lots, blocks and tracts shown on
said plat for the reasonable original grading of all public streets, avenues
and places shown thereon.
4. Unless as specified herein above, all of the above-specified covenants and
assigns are for the benefit of the Town of Yelm, State of Washington, and
said covenants may be enforced by injunction or other lawful procedure
including the recovery of damages resulting from the violation of such
covenants.
Dated this ~~ay of i/ 19~i
(Grantor) ~~,,~
C ,~
(Grantor)jtL'r
STATE OF WASHINGTON )
~/ ) ss.
COUNTY OF /At~r sm nJ )
On this day personally appeared before me ~.~.shor~u~ ~~R~~YO.r~~t2;'to me
known to be the individual(s) described in and who executed the within and foregoing instrument, and
acknowledged that ~+,i signed the same as ~~~,'„ free and voluntary act and deed
for the purposes and uses {herein mentioned.
GIVEN under my hand and official seal this ~_ day of ~, t 19~
i^
Not ry Public nd for h tale of Washington,
residin/gf in /rYN~~
STATE OF WA5NiNGTON )
ss.
COUNTY OF )
On this day personally appeared before me to me
known to be the individual(s) described in and who executed the within and foregoing Instrument, and
acknowledged that signed the same as tree and voluntary act and deed
for the purposes and uses therein mentioned.
GIVEN under my hand and official seal this day of 19_.
Notary Public in and for the State of Washington,
residing in
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