Loading...
HomeMy WebLinkAboutR-2010-137 Development Agreement for the Preliminary Plat Master Planned Development of Cameo Court at Apple TreeRESOLUTION NO R-2010-137 A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Apple Tree Development (hereinafter "Developer"), to provide for the terms and conditions for the Master Planned Development and Preliminary Plat of "Cameo Court at Apple Tree" (hereinafter "Project") WHEREAS, the City of Yakima (hereinafter "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits, and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36 70B 170 - 210; and WHEREAS, pursuant to the Growth Management Act, RCW 36 70A, the City adopted its Yakima Urban Area Comprehensive Plan Subsequently, the City has revised and updated this plan and has adopted, and continues to adopt, development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinance, which originally zoned the property Two -Family Residential, and WHEREAS, Developer proposed the planned development and subdivision of 9 4 acres of land, legally described in Exhibit "A", attached hereto and incorporated herein by this reference, located in the vicinity of Coolidge and 88th Avenues, Yakima, Washington (hereinafter "Subject Property"), and WHEREAS, on July 23, 2010, the City issued a Notice of Application, Environmental Review, and Public Hearing for the Project; and WHEREAS, on August 19, 2010, the City issued a Final Mitigated Determination of Nonsignificance for compliance with the State Environmental Policy Act; and WHEREAS, on September 9, 2010, the Hearing Examiner for the City of Yakima conducted an open -record public hearing regarding the requested Project; and WHEREAS, on September 27, 2010, the Hearing Examiner issued Hearing Examiner's Recommendation (the "Recommendation") regarding PD#002-10, PLP#004-, VAR#002-10 and SEPA#021-10; recommending that the Project be approved, subject to conditions, and WHEREAS, at a closed -record public hearing held on November 2, 2010 the City Council considered the requested Project, including the documents and other evidence, which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons and voted to approve the Preliminary Plat of Cameo Court at Apple Tree and authorized the legal division to draft the appropriate legislation, and WHEREAS, at its November 16, 2010 meeting, a Resolution (R-2010-130) to approve the Preliminary Plat of Cameo Court at Apple Tree was signed by the mayor; and WHEREAS, this Agreement is intended to satisfy the obligations as set forth in the Final Decision for the execution of a development agreement between Developer and the City to implement the conditions set forth in the Final Decision, and WHEREAS, the City has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, amongst other things, implement the conditions in the Final Decision, eliminate uncertainty over development of the Project, provide for the orderly development of the Project consistent with the City's current Comprehensive Plan and zoning for this Property, mitigate environmental impacts, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Development Agreement, Exhibit "B", attached hereto and incorporated herein by this reference The Yakima City Council, after a duly noticed public hearing, has determined that execution of this Agreement furthers the public health, safety, and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations ADOPTED BY THE CITY COUNCIL at a regular meeting and signed and approved this 7th day of December, 2010 ATTEST 11)&4. Micah Cawley, 11ayor City Clerk' • Exhibit "A" Legal Description Parcel 181331-42006 That portion of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 31, Township 13 North, Range 18 East, W.M. described as follows: Commencing at the Northwest corner of said subdivision; Thence North 89°35'18" East along the Northerly line thereof 20.00 feet to the Easterly right of way line of South 88th Avenue; Thence South 00°05'31" West along said right of way line 277.75 feet to the Point of Beginning; Thence South 89°54'29" East 87.03 feet; Thence South 00°05'31" West 75.91 feet; Thence South 44°49'03" East 32.41 feet to a point on a curve concave to the Southeast, center of said curve bearing South 60°38'39" East 55.00 feet; Thence Southwesterly along said curve consuming a central angle of 21°02'33" an arc length of 20.20 feet; Thence North 44°49'03" West 34.31 feet; Thence North 89°54'29". West 72.84 feet to said Easterly right of way line of South 88th Avenue; Thence North 00°05'31" East along said right of way line 90.00 feet to the Point of Beginning. Situated in Yakima, County, Washington. Parcel 181331-42007 That portion of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 31, Township 13 North, Range 18 East, W.M. described as follows: EXCEPT the South 20 feet and the West 20 feet thereof for road; AND EXCEPT Commencing at the Northwest corner of said subdivision; Thence North 89°35'18" East along the Northerly line thereof 20.00 feet to the Easterly right of way line of South 88th Avenue; Thence South 00°05'31" West along said right of way line 277.75 feet to the Point of Beginning; Thence South 89°54'29" East 87.03 feet; Thence South 00°05'31" West 75.91 feet; Thence South 44°49'03" East 32.41 feet to a point on a curve concave to the Southeast, center of said curve, bearing South 60°38'39" East 55.00 feet;. Thence Southwesterly along said curve consuming a central angle of 21°02'33" an arc length of 20.20 feet; Thence North 44°49'03" West 34.31 feet; Thence North 89°54'29" West 72.84 feet to said Easterly right of way line of South 88th Avenue; Thence North 00°05'31" East along said right of way line 90.00 feet to the Point of Beginning. AND EXCEPT that portion of said premises as conveyed to the City of Yakima by quit claim deed recorded June 4, 2010 under Auditor's File Number 7693590, records of Yakima County, Washington. Situated in Yakima County, Washington. Exhibit "B" Development Agreement Development Agreement By and Between City of Yakima and. Apple Tree Construction Company, LLC for CAMEO COURT AT APPLE TREE SUBDIVISION This Development Agreement ("Agreement") is made and entered into between the City of Yakima, a Washington municipal corporation ("City') and Apple Tree Construction Company, LLC, a Washington limited liability company ("Apple Tree" or "Developer"). I. RECITALS Whereas, the City is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to. promote the health, safety, and welfare of its citizens and thereby to control the use and. development of property within its corporate limits; and Whereas, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170(1); and Whereas, Developer is the owner of a parcel of approximately 9.5 acres at the northeast corner intersection of Coolidge and 88th Ave., Yakima, WA (the "Property"). The Property is legally described as follows: See Attached Exhibit A., incorporated herein by this reference; and Whereas, Developer has proposed a 39 lot subdivision comprised of three (3) phases together with a master planned development application for the purpose of authorizing gates and private interior roadways; and Whereas, Apple Tree is in the process of developing an approved master planned development known as "Apple Tree Resort Development" on approximately three hundred (300) acres of land adjacent to the Property; and Whereas, Apple Tree and City cooperated in a public/private partnership to design and construct public wastewater line and service facilities in order to provide wastewater service to the Ahtanum Sub -Basin; Sewer construction and financing was provided by Apple Tree Partnership pursuant to Sewer Construction and Bond Purchase Agreement dated November 14, 2000. Cameo Court is situated within the benefit area and properties Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Caineo Court at Apple Tree Subdivision -1- zo/O-/37 subject to agreements with regard to wastewater connections as set forth in the referenced agreement; and Whereas, a master planned development overlay (PD) is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments, densities and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources, and amenities; and Whereas, pursuant to the Growth Management Act, RCW 36.70A, the City adopted its Yakima Urban Area Comprehensive Plan. Subsequently, the City has revised and updated this plan and has adopted and continues to adopt development regulations to implement the plan, including adoption of Yakima Urban Area Zoning Ordinances, which zoned the property Suburban Residential; and Whereas, an open record public hearing was held before the City of Yakima Hearing Examiner on September 9, 2010 (following required public notice) and the Hearing Examiner issued Hearing Examiner's Recommendation on September 27, 2010; and Whereas, City Council held a closed record public hearing and considered the application, record and Hearing Examiner's Recommendation on November 2, 2010 and approved the subdivision, Master Plan and Variance. Whereas, the parties intend this agreement to guide the current and future uses of the property, now, therefore, II. AGREEMENT In consideration of mutual benefits, the parties agree as follows: 1. Subject Property. Developer proposed subdivision and development of the Property as more particularly set forth in the approved preliminary plat of Cameo Court at Apple Tree ("Subdivision" or "Cameo Court") — Exhibit B. Cameo Court includes a private gated residential subdivision (Phases I and II) and an adjacent phase (Phase III) served by public road, collectively consisting of thirty-nine (39) lots. Cameo Court was reviewed and recommended for approval by the Yakima Urban Area Hearing Examiner as set forth in Hearing Examiner's Recommendation dated September 27, 2010, and the Subdivision and master plan was approved by City Council on December 7, 2010. Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -2- 2. Development Terms. (a) Final Plat — Completion and Recording. Developer agrees to abide by the terms and conditions established by City for the preliminary plat of Cameo Court, including construction (or bonding) of all infrastructure and improvements described on the preliminary plat/planned development site plan map and required by plat and master plan decisions. (b) Mitigated Determination of Non -Significance. Developer agrees that the Property shall be used and developed in a manner consistent with the project description and subject to the seven (7) mitigation measures set forth in the State Environmental Policy Act (SEPA) Mitigated Determination of Non -Significance issued by the City of Yakima on August 19, 2010 (File No. SEPA #021-10), and incorporated herein by this reference as if set forth in full (the "MDNS"). (c) Gate and Interior Roads. Cameo Court Phases I and II will be developed as a gated private residential community. Gate location shall be as set forth on attached Exhibit B. Interior roadways for Phases 1 and 2 shall be private and maintained by Apple Tree and/or a home owners' association established for or by residents of Cameo Court. The private roadways shall not become public roadways unless later accepted by the City Engineer. If the streets are ever made public, all entry and exit gates will have to be removed. (d) Phased Development. Cameo Court is designed as a phased residential development. Development shall proceed at such times and manner as determined reasonable and/or appropriate by Apple Tree and subdivision and master plan approval shall continue for the period specified herein. Any residential construction shall be subject to applicable building codes in place at the time a complete building permit application for said construction has been received by the City. (e) Wastewater Connections. Residential lots and improvements within Cameo Court shall be entitled to wastewater connection waivers as more particularly set forth in that certain Sewer Construction and Bond Purchase Agreement dated November 14, 2000. Such agreement specifically provides that properties within Apple Tree Resort Development (identified to include 225 acres of residential/commercial developable property) would not be charged for any Collection Element of the current or.future wastewater connection charges. (f) Dedication of Right -of -Way. Developer shall dedicate the westerly five (5) feet of Property located on the east side of 88th Avenue for future public right-of-way. Right-of-way dedication shall be reflected upon final plat recording for Cameo Court. Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -3- 3. Term. This Agreement shall continue in force for a period of thirty-five (3 5) years unless extended or terminated as provided herein or when the property has been fully developed in accord with the preliminary plat, whichever first occurs. Notwithstanding the generality of the foregoing, the parties expressly agree and covenant that the streets within the proposed development shall remain private and the development may maintain private and limited access through use of access controls and gate. 4. Vesting. The master planned development and subdivision shall be vested to development regulations, standards, conditions, and laws applicable at the time the Development Agreement is recorded, inclusive of specific conditions and standards set forth in said Development Agreement. The vesting period shall be for the "Term" of the Agreement. During the stated vesting period the applicant shall be entitled to implement the master planned development and Subdivision in accordance with the terms and conditions of approval set forth herein. Vesting of rights also include reservation of traffic capacity on public streets and roadways and capacity in public facilities such as sewer and water. 5 City's Reservation of Rights. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170. Provided, however, that this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City the authority which is prohibited by law from being subject to the mutual agreement with consideration of parties acting under Ch. 36.70B RCW. Without limitation, this shall include the right of the City to impose new or different conditions on the property to the extent required by a serious threat to public health and safety. 6. Default/Notices. No party shall be in default under this Agreement unless it has failed to perform as required for a period of thirty (30) days after written notice of default to the other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. The party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation, damages, specific performance or writs to compel performance or require action consistent with this Agreement. 7. Assignment of Interests, Rights and Obligations. This Agreement shall be binding and inure to the benefit of the parties. No party may assign its rights under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Developer and the City. 8. Appeals. In the event that any of the permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval, are or may be appealed, then in that Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision event, the City's obligations under this Agreement, and under the above -referenced development entitlements, shall be suspended, and may be terminated upon either order. of court of competent jurisdiction or mutual agreement of the parties. Developer agrees not to appeal any of the previously required permits or approvals associated with the proposed development, including but not limited to SEPA determinations, preliminary plat, or planned development approval. 9. Third Party Legal Challenge.. In the event any legal action or special proceeding is commenced against the City by any person or entity other than a party to this Agreement to challenge this Agreement or any provision herein, including any of the permits, approvals, or entitlements associated with this Agreement, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and Developer shall have the sole responsibility for defense of the third party legal challenge. The tender and acceptance thereof shall relate solely to defense of the claims but shall not include assumption of any municipal liability, obligation or legal responsibility arising from or related to challenged municipal acts or omissions. The Developer shall not settle any such tendered lawsuit without the consent of the City, which consent shall not be unreasonably withheld. 10. Developer's Warranties and Representations. Developer represents and warrants to City that Developer has a property interest in the property, and that the covenants and obligations of Developer in this Agreement and in the permits, approvals, and entitlements associated with this Agreement and the proposed development do not violate or constitute a default under or breach of any agreement between Developer and any third party by which Developer is bound. Developer represents and warrants to City that Developer is fully authorized to enter into and perform its obligations under this Agreement. Developer represents and warrants to City that there is neither pending nor, to the knowledge of Developer, any threatened legal action, arbitration or administrative hearing before any governmental authority to which Developer is a party and which could enjoin or restrict Developer's right or ability to perform its obligations under this Agreement. 11. Modification of an Approved Master Planned Development Overlay. Modifications to the adopted master development plan and/or Development Agreement may be required from time to time. Minor modifications will be subject to Type (2) review as defined in YMC Chapter 15.13. The administrative official shall review modifications to adopted•master development plan and/or Development Agreement as a minor modification if it has been determined that: (a) The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan; (b) The amendment does not increase the total area of nonresidential uses by more than five percent (5%); Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -5- (c) The amendment does not materially change the type and character of approved uses; (d) The amendment does not materially change provisions for parking or traffic circulation within the development; (e) The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical areas, or other mitigation measures; (f) The amendment does not materially impact the overall design of the approved master plan; and (g) Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the master planned development which are deemed not to be material or significant in relation to the entire master planned development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare. Major modifications will be subject to Type (3) review as defined in YMC Chapter 15.15 and shall be referred to the Hearing Examiner in accordance with YMC 15.15.040. A "major modification" shall be any modification to an approved master development plan or development agreement that is deemed to be more significant than a "minor modification" as described hereinabove. 12. Severability. If any provision of this Agreement are determined to be unenforceable or invalid pursuant to a final decree or judgment by a court of law or tribunal with jurisdiction, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. 13. Agreement to be Recorded. This Agreement may be modified only by written agreement of the parties hereto. This Agreement or a memorandum thereof shall be recorded against the Property as a covenant with the land which touches and concerns the Property and shall be binding upon the City and Developer, their heirs, successors and assigns, and all future owners of the Property. Developer shall be responsible for the costs of recording. Any approved modifications to this Agreement shall also be recorded against the Property. 14. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -6- 15. Governing Law and Venue. This. Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in Yakima County Superior Court. 16. Attorneys' Fees. In the event of any litigation or dispute resolution process between the parties regarding an alleged breach of this Agreement, neither party shall be entitled to any award of attorneys' fees. 17. No Third Party Beneficiaries. This Agreement is for the benefit of the parties hereto only and is not intended to benefit any other person or entity. No person or entity not a party to this Agreement (other than a subsequent owner of a lot in the Plat of Cameo Court) may enforce the terms and provisions of this Agreement. 18. Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements between the parties, oral or written, except as expressly set forth herein. 19. Covenants Running with the Land. The conditions and covenants set forth in this Agreement shall run with the land. Developer and every purchaser, assignee, or transferee of any interest in the Property or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all of the duties and obligations of the Developer contained in this Agreement, as such duties and obligations pertain to that portion of the Property sold, assigned, or transferred to it. 20. Notices. Notices, demands or correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid, first-class mail to the following addresses: City Manager City of Yakima 129 North Second Street Yakima, WA 98902 Apple Tree Apple Tree Construction Company, LLC 8805 Occidental Avenue Yakima, WA 98903 Notices to subsequent owners of lots in the Plat of Cameo Court shall be required to be given by the City only for those owners who have given the City written notice of their Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -7- address for such notice. A party hereto shall, from time to time, advise the other of new addresses for such notices, demands, or correspondence. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth below. FYAI�IMA v\� Richard A. Zais, Jr. City Manager Y APPLE TREE CONSTRUCTION COMPANY, LLC a Washington Limited Liability Company By: John E. Borton Managing Member Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -8- STATE OF WASHINGTON ) ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that RICHARD A. ZAIS, Jr. is the person who appeared before me, and said person acknowledged that he is authorized to • execute the instrument as the City Manager of CITY OF YAKIMA, and acknowledged to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. �\���aa►Dttt i �s day of l�Q_CLQ_!/Z/i. Y.- e' V , 2010 , NNS • 04, .., C' / c0 !� o' [ 4 Al 1 P Print Name: -n i c 7, -° " NOTARY PU • A �� % < �Eln : of Washington, residing at oic_t ✓-Kov ¶'7 3(tsil3 .. ycsy'',10 �� My appointment expires :,/0IH IIIut a"� i/y IC in and for the state STATE OF WASHINGTON ) ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that JOHN E. BORTON is the person who appeared before me, and said person acknowledged that he is authorized to execute the instrument as the Managing Member of APPLE TREE CONSTRUCTION COMPANY, LLC, and acknowledged to be his free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this 3O day of Iti (0 , 2010. S y//i,� j► • ••A .7); • PUB .Q: / \'� g:\jcc\apple tree const4caCttl td "UMW Print Name: Sut..s >M , S 00.414 - NOTARY PUBLIC in and for the state of Washington, residing at L oi< I rvLa. My appointment expires iji.. J , 3 ivision - june 20101cameo court develop agmnt - final - 1 130 2010.doc Development Agreement By and Between City of Yakima and Apple Tree Construction Company, LLC for Cameo Court at Apple Tree Subdivision -9- • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 7.A For Meeting of. December 7, 2010 ITEM TITLE "Open Record" public hearing on the proposed Development Agreement for the Master Planned Development of the Preliminary Plat of Cameo Court at Apple Tree SUBMITTED BY Michael A. Morales, Director of Community & Economic Development CONTACT PERSON/TELEPHONE Joseph Calhoun, Assistant Planner, 509-575-6162 SUMMARY EXPLANATION "Open Record" public hearing to consider a Development Agreement between the City of Yakima and Apple Tree Development for the proposed Master Planned Development/Preliminary Plat of Cameo Court at Apple Tree The Development Agreement is a condition of approval for a Master Planned Development. On September 9, 2010, the Hearing Examiner held an "Open Record" public hearing, to consider application On September 27, 2010, the Hearing Examiner issued his recommendation to conditionally approve the Preliminary Plat and Master Planned Development. Resolution X Ordinance Contract Other Development Agreement Funding Source Approval For Submittal City Manager STAFF RECOMMENDATION Adopt the Resolution authorizing the signing of the Development Agreement. BOARD RECOMMENDATION On September 27, 2010, the Hearing Examiner recommended that the Master Planned Development and Preliminary Plat of Cameo Court, be approved COUNCIL ACTION Council adopted the Hearing Examiner's recommendation on the Preliminary Plat on November 2, 2010 and directed the Legal Department to draft the appropriate legislation A Resolution approving the Preliminary Plat was signed by the Mayor on November 16, 2010 — - - - -.,mss[ �tvtAllik,Lt ARMAIJKIE IE IMS (SW 1/4 NW 1/4 SE 1/4 SEC 31 T 13N., R.18E. W.M.) 25' CENTER, SECTION 31, 7. 13 N. R. 18 E. W.M. FOUND 1/2' REBAR W/ ILLEGIBLE CAP SEE LCR 214-80 N 8975'19 E 638.07' EXISTING 25' 12/R 51 25' 1 APPROXIMATE LOCATION YAKIMA 1101014 IRRIGATION EASEMENT PER AUD. OLE NO. 2845819 20' EXISTING R/W 5' DEDICATED HEREON FOR A 'TOTAL OF 25' $ 8954'29' —408.06- 5' IRR EASEMENT RESERVED HEREON Tract 'D' Future Development Phase.2 2.43 Acres 173.38' 91.33' 56, 82.03' 10' :.1.1(a‘..1,1919 RES• Iol ESn ERVED HEREON :- g °1 Lot PP. 7,9373 sl $ 543 P L (8707) 67.84' z ES -89871 294.1.? 10' IRR EASEMENT RESERVED - a1HEREON Lot 8 I8.2053 sf EXISTING '25' 8/9, '1' 4) 7 tll<1 SEE EASEMENT DETAIL OD 25' I $I 25' . o �I Lt 4 1,2 7,7803 of 20 EXISTING GHT OF WAY V, 4 3 -T [50.001 65.00 65.00' 1-50.DO1 II s 8935.19' W Y I 0 (S 89'3518" W 14.81' I 1519' 1 1 25' I 25 10' P.0 EASEMENT RESERVED HEREON 5 89'5018' E . 145.00' .F.),1„5. 95.00' I 8^ Lot 12 g 7.79033! 10' IRR g 8 EASEMENT uIm RESERVED HEREON S 89'58'18' E 1 0 1 Lot 10 .„ I 8,1643 8f g (8705) 5•� 7 5' $ 0001'42' W 18.00' 5 89'5818' E 153.48' Cameo Co 69.13 (8706) Lot 7 9,1033 sf Lot 11 s1 50' r 5 895818' EACCESS k 0 UTILITYI 90.00' l EASEMENT RESERVED HERON C 8g Lot13 a) 25' 25' mlu 7,6503 et E In I N W Qo 0 rn" _ 8,429381 OcDI = C < r S 89'58'18' E Q n ' 83.42' Court U 67.78 6_ i. n Open D H ' o " Space gw I 9,228381 m Lot 5 8,8473 s1 8I m g O II : m O co 5 90.00 14 > co Q (U r Lot 14 I . L._L 7,8393 st ~ a) tl LL (8704) Lot 6 IS 8,0533 s1 6' SEWER & IRR m EASEMENT RESERVED HEREON ` 79-r437-4. Lot 3 9 7,744381 g [8705]_ _ ,[870_31_ 70.96' Lot 2 7,6113 8f RT7EFT, NW Y SE Y N 31, T. 13 N. S 0005'31' W 1339.85. R 501)11-1 1/4, SECTION 31, T. 13 N. R. 18 E. W.M. FOUND 2' UNMARKED B.C. SEE LCR 2M-1567 318.80' 10' P.U. h IRR EASEMENT RESERVED HEREON 50' EXISTING RIGHT OF WAY O 50 DO' PRIVAD ATE o l g PZ ",',It I 25' J. ph lot 10' IRR EASEMENT I RESERVED 'N I HEREON II 10' P.U: E51.40.1 RESERVED HEREON (TVP.) 1 :IS 685.08'-9, 101 n(-710* Lot 1 8 1 :tn 8,71339( ,J II J 115.00 14 8043'44' E 863.80'•�- 115.40' r r 663.80' 4/ SE CORNER, NW Y 0. Y4 SECTION 31, .1 IS N., R. 1U E. W.M. CO MONUMENT FOUND. POSITION CALCULATED FROM R.O.S. 85-53 (0 M s 50.00' PUBUC R/W 25' 25' 5' IRR EASEMENT RESERVED HEREON 10' P.U. EASEMENT RESERVED HEREON u- 50' R/W DEDICATED HEREON Tn 11) U ET) 1o.I \ S 89'54'29' E / I 3.48' \ I \ 1 Ub• EXISTING aq, 5 00'16 348 '18" E . 1 4.93' \ TELEPHONE t PEO o� \ / EASEMENT DET Coolidge Road /41400 48'154 NC). 2 G1.6.G70D.742 0 (8 DOC. INDEX s R — I— MIN — — LE END 0 30 60 120 1. 0 DENOTES 5/8' REBAR 9.1114 YELLOW CAP MARKED HLA LS 33132/HLA LS 44831 SET. 2. • DENOTES MONUMENT AS NOTED. 3. [ ] DENOTES ADDRESS. 4. P.U. DENOTES PUBLIC UTILITY. 5. 8/9, DENOTES RIGHT OF WAY 6. IRR DENOTES IRRIGATION 7. A PUBLIC UTILITY AND ACCESS EASEMENT IS RESERVED OVER ALL OF TRACT A HEREON. 8 THE REST LINE OF THE SOUTHEAST WARIER OF SECTION 31. T. 13 N. R. 18 E. W.M. IS ASSUMED TO HAVE A BEARING OF N 00'05'31" E. 9. SURVEY PERFORMED WITH A LEICA TCR 1103 3" ELECTRONIC TOTAL STATION. ELECTRONIC DISTANCE MEASURING UNIT. AND CAUBRATED CHAIN USING FIELD TRAVERSE PROCEDURES. 10. MONUMENTS 5909,8 HEREON AS FOUND WERE 515107,0 IN OCTOBER, 2010. 11, THIS SURVEY MEETS OR EXCEEDS THE STANDARDS CONTAINED 151 WAC 332-130-090. NOTES: 1. SEE RECORD OF SURVEY RECORDED IN BOOK 65 OF SURVEYS. PAGE 53 FOR ADDITIONAL SECTION SUBDIN5(0N INFORMATION. 2. THE STREETS WITHIN PHASES 1 AND 2 OF THIS PLAT ARE PRIVATE. IF THE STREETS ARE EVER TO BE MADE PUBLIC. THE GATE WILL HAVE TO BE REMOVED AT THAT TIME. 3. THE ADDRESSES 511014N ON THIS PLAT ARE ACCURATE AS OF THE DAIS OF RECORDING, BUT MAY BE SUBJECT TO CHANGE. 4. SEE SHEET 2 FOR CURVE AND LINE TABLES. 5. SEE SHEET 2 FOR LEGAL DESCRIPTION. 8. PUBLIC UTILITY EASEMENTS RESERVED HEREON MAY 8E USED TO SERVE EACH LOT WITH IRRIGATION WATER. YAKIMA COUNTY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE AND OWING ON THE PROPERTY DESCRIBED HEREIN ON DATE OF THIS CERTIFICATION HAVE BEEN PAID. OA TED THIS BY•• DAY Of 20 . YAKIMA COUNTY TREASURER'S OFFICE SURVEYOR'S CERTIFICATE I, ERIC T. HERZOG, A PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT OF CAMEO COURT AT APPLE TREE PHASE 1 15 BASED UPON AN ACTUAL SURVEY AND SUBDINSION OF SECTION 13. TOWNSHIP 18 NORTH, RANGE 31 EAST. W.M. THAT THE DISTANCES, COURSES, AND ANGLES ARE SHOWN HEREON CORRECTLY AND THAT MONUMENTS AND LOT CORNERS HAVE BEEN SET ON THE GROUND AS SHOWN ON THE PLAT. AUDITOR'S CERTIFICATE FILED FOR RECORD THIS _ DAY OF AT —__IA. UNDER AUDITOR'S FILE NUMBER RECORDS OF YAKIMA COUNTY, WASHINGTON. AT THE REQUEST OF HUIBREGTSE, LOUMAN ASSOC. INC. YAKIMA COUNTY AUDITOR BY DEPUTY PARCEL NUMBER 181331-42003 AND -42004 P'\Projecle\2008\08085\Cameo CL Fin I Plot \080135 final ploldwg • Hulbregtse, Louman Associates, Inc. CML ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue •Yakima, WA 98902 (509) 966-7000 • FAX (509) 965-3800 JOB 510. 08085 DATE 11-5-10 SHEET OF 2 PLAT OF "CAMEO COURT AT APPLE TREE PHASE 1" (SW 1/4 NW 1/4 SE 1/4 SEC. 31 T 13N. R.18E. W.M.) DEDICATION AND WAIVER OF CLAIMS KNOW ALL MEN BY 191E5E PRESENTS THAT APPLE TREE CONSTRUCTION COMPANY LLC, A WASHINGTON UNITED LIABILITY COMPANY, ARE THE PARTIES HAVING AN OWNERSHIP INTEREST IN THE LAND HEREON DESCRIBED. HAVE WITH 'THEIR FREE CONSENT AND IN ACCORDANCE WITH THEIR DESIRES CAUSED THE SA1.10 TO BE SURVEYED AND PLATTED A5 SHOWN HEREON; DO HEREBY DEDICATE THOSE ROADS AND/OR RIGHTS OF WAY SHOWN AS PUBLIC DEDICATIONS HEREON TO THE USE OF THE PUBLIC, DO HEREBY WAIVE ON BEHALF OF THEMSELVES AND THEIR SUCCESSORS IN INTEREST ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF YAKIMA AND ANY 0111ER GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABUSHED CONSTRUCTION, DRAINAGE. AND MAINTENANCE OF SAID DEDICATED ROADS AND/OR RIGHTS OF WAY; AND DO HEREBY GRANT AND 'DEDICATE THE EASEMENTS A5 SHOWN HEREON FOR THE USES INDICATED JOHN E. PORTON. .MANAGING MEMBER ACKNOWLEDGMENT STATE OF WASHINGTON ) 55 COUNTY OF YAKIMA I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT JOHN E PORTON. A MANAGING MEMBER OF APPLE TREE CONSTRUCTION COMPANY LLC. A WASHINGTON LIMITED LIABILITY COMPANY. IS 184E PERSON WHO APPEARED BEFORE ME. AND SAID PERSON ACKNOWLEDGED THAT (HE/SHE) SIGNED THIS INSTRUMENT. ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT A5 THE PRESIDENT OF UNITED BUILDERS OF WASHINGTON, TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSED MENTIONED IN THE INSTRUMENT. DATED' NOTARY PUBLIC MY APPOINTMENT EXPIRES' CURVE TABLE NO DELTA RADIUS TANGENT ARC LENGTH CH LENGTH CHORD DIRECTION CI 90'00'00" 20.00 2000 31.42 28.28 N 44'58'18' W C2 08'3752" 20.00 1.51 3.01 3 01 N 85142'47' E C3 2413'44" 20.00 4.29 8.46 B.39 5 6916'59' W C4 70'43'44' 55.00 39.04 67.89 63.67 5 87128'01' E - C5 21'02'33' 55.00 10.21 20.20 20.09 N 4114'53' W C6 6014'57' 55.00 32.02 57.99 55.35 S 00-51'08' E C7 211)2'33' 55.00 10.21 20,20 20.09 5 39'52137' W CB 77107'19' 55.00 43.84 74.03 68 57 5 88'57'34' W C9 3124'28' 55.00 15.46 30.15 29 77 5 36'46'32' E C10 68'53'59' 20.00 13.72 24.05 22 63 5 5571'18' E 011 90'00'00' 20.00 20.00 31.42 2828 N 45'01'42' E C12 90126'24' 25.00 25.19 39.46 35 49 N 4511'30' W C13 89'33'36' 25.00 24,61 39,08 35,22 N 44'48'30' E UNE TABLE LEGAL DESCRIPTION PARCEL A THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST WARIER OF SECTION 31, TOWNSHIP 13 NORM, RANGE 18 EAST, WM, DESCRIBED A5 FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 89'35'18' EAST ALONG THE NORTHERLY LINE THEREOF 20.00 FEET TO THE EASTERLY RIGHT OF WAY UNE OF SOUTH 88TH AVENUE, THENCE SOUTH 00'05'31 VEST ALONG SAID RIGHT OF WAY LINE 277.75 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'5419' EAST 87.03 FEET. THENCE SOUTH 00'0511' WEST 75.911 THENCE SOUTH 44'49'03' EAST 32.41 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST. CENTER OF SAID CURVE BEARING SOUTH 60'38'39' EAST 55.00 FEET. THENCE SOUTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 21102'33' AN ARC LENGTH OF 20 20 FEET; THENCE NORTH 44'49'03' WEST 34 31 FEET; THENCE NORTH 89'5419' WEST 72.84 FEET TO SAID EASTERLY NIGHT OF WAY LINE OF SOUTH 88111 AVENUE; THENCE NORTH 00'05'31 EAST ALONG SAID RIGHT OF WAY LINE 90.00 FEET TO THE POINT OF BEGINNING. SITUATE IN YAKIMA COUNTY, WASHINGTON PARCEL' 'B' 111E SOUTHWEST QUARTER OF 1948 NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M. EXCEPT THE SOUTH 20 FEET AND THE WEST 20 FEET THEREOF FOR ROAD; AND EXCEPT COMMENCING AT THE NORTHWE5T CORNER OF SAID SUBDIVISION; THENCE NORTH 89'3518' EAST ALONG THE NORTHERLY LINE THEREOF 2000 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH 88TH AVENUE. THENCE 50911 00'05'31 VEST ALONG SAID RIGHT OF WAY UNE 277,75 FEET TO THE POINT OF BEGINNING.' THENCE SOUTH 8954'29' EAST 87.03 FEET; THENCE SOUTH 00'05'31 WEST 75.91; THENCE SOUTH 44'49'03' EAST 32 41 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, CENTER OF SAID CURVE BEARING SOUTH 6018'39' EAST 55.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 2102'33' AN ARC LENGT84 OF 20.20 FEET; THENCE NORTH 44'49'03' WEST 34.31 FEET; THENCE NORTH 89'5419' WEST 72.84 FEET TO SAID EASTERLY RIGHT OF WAY UNE OF SOUTH 88T11 AVENUE; THENCE NORTH 00'05'31 EAST ALONG SAID RIGHT OF WAY LINE 90,00 FEET TO THE POINT OF BEGINNING AN0 EXCEPT THAT PORTON OF SAID PREMISES A5 CONVEYED TO 184E CITY OF YAKIMA BY QUIT CLAIM DEED RECORDED JUNE 4. 2010, UNDER AUDITOR'S FILE NUMBER 769359.0, RECORDS OF YAKIMA COUNTY. WASHINGTON. SITUATE IN YAKIMA COUNTY, WASHINGTON, NUMBER DIRECTION DISTANCE 11 N 44'52'43' E 35.45' L2 14 69143'44- E 50,00' L3 45107'17" E 35.26' L4 44152'43" W 35,451 15 N 89143'44' E 50 00' L6 S 4513717' E 35 26' L7 00101'42' W 30.00' L8 N 0001'42" E 30.00' L9 N 53'4317- E 20.45' L40 N 53'4317' E 29.60' L11 5 44'49'03' E 34 31' 112 N 44'49'03' W 32,41' IRRIGATION DISTRICT CERTIFICATE THE PROPERTY DESCRIBED HEREON 15 WHOLLY OR IN PART LOCATED 087049 THE BOUNDARIES OF THE YAKIMA TIETON IRRIGATION DISTRICT 1 HEREBY CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY SHOWN ON THIS PLAT, OR CURRENTLY EXISTING IRRIGATION EASEMENTS OR RIGHTS-OF-WAY, ARE ADEQUATE TO SERVE ALL LOTS LOCATED WITHIN THIS PLAT WHICH ARE OTHERWISE ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT 1 ALSO CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY SHOWN ON THIS PLAT, OR CURRENTLY EXISTING IRRIGATION EASEMENTS OR RIGHTS-OF-WAY, ARE ADEQUATE TO TRANSMIT IRRIGATION WATER THROUGH THIS PLAT TO OTHER ADJACENT LANG ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT 1 FURTHER CERTIFY THAT. BY: THIS PLAT CONTAINS COMPLETED IRRIGATION DISTRIBUTION FACILITIES IN ACCORDANCE WITH 11415 DISTRICTS STANDARDS, OR PROVISIONS ACCEPTABLE TO THIS DISTRICT HAVE BEEN MADE BY COVENANT AND AGREEMENT FOR COMPLETED IRRIGATION DISTRIBUTION FACILITIES TO ALL LOTS: SAID AGREEMENT 15 FILED SUPPLEMENTAL TO THIS PUT. OR THE EXISTING 46010/1108 DI51R1BU0GN FACIUTY I5 ADEQUATE TO MEET THIS REQUIREMENT, OR LOTS IS/ARE IN 1$11018 OR IN PART. NOT CLASSIFIED AS 'IRRIGABLE LAND' BY THIS DISTRICT ANO/OR ARE NOT CURRENTLY ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF TH15 DISTRICT. SECRETARY (OR DESIGNEE) YAKIMA 11ETON IRRIGATION DISTRICT I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE OWING (WANG ON THE PROPERTY DESCRIBED HEREON ARE PAID THROUGH 20 • 81: TREASURER. YAKIMA TIETON IRRIGATION 015TRICT APPROVALS. APPROVED BY THE MAYOR OF THE CITY OF YAKIMA DATE APPROVED BY THE CITY OF YAKIMA ADMINISTRATOR ATE APPROVED BY THE CITY OF YAKIMA ENGINEER _DATE PARCEL NUMBER 181331-42003 AND -42004 P'\Propcte\2008\08085\Cameo Cl Finol Piot \08085 final plalewg Hnibregtse, Lotman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue 4Yokima, WA 98902 (509) 966-7000 4 FAX (509) 965-3800 111111® N- N 111111 11111®- 111111®® 111111 r 11•11 111111 NM JOB NO. 08085 DATE: 11-5-10 SHEET 2 0, 2 m i A I "fflgt109.01911.1All,P AT Tat MIME"' BIER. SECTION 31. 3 N. R. 18 E. FOUND 1/2' AR W/ ILLEGIBLE SEE LCR 261-60 APPROXIMATE LOCATION YAKIMA 0E1014 IRRIGATION EASEMENT PER AUD. FILE NO. 2845819 EXIST. 5' IRR EASEMENT L408.06' 80.00' - 80.00- -83.06'- (SW 1/4 NW 1/4 SE 1/4 SEC. 31 T 13N. R.18E. 'W.M.) N 89'35'18- E 638.07' -80.00- -85.00'- Lot 6 7.2243 sl Lot 5 a, 7.2313 sf 8 [8703] EXISTING 25' R/W 15' EXISTING 7/W PER PUT )F CAMEO :OURT PHASE I EXISTING 25' R/W 25' 25' [8705) 4.07 79.61 EXIST. 10' P.U. k IRR EASEMENT Lot 8 8,6403 81.m Lot 4 8,0993 sl 10' P.U. ESMT. RESERVED HEREON (19'.) Lot 3 8 8.6773 61 [2001] 5 89'58'18- 63.41 EX15T. 5' IRR --t/ EASEMENT Lot 2 7,8083 s1 55 N 00'302400'42' W 0 45 Acres 18702] f0' P.U. ESMT. RESERVED HEREON (TYP.) `ry [e o 3- am 5 Lot 11 I' [8708] 10' IFR 4 7,753361 Lot 9 EASEMENT .'' j' 95.00' RESERVED 7.872361 ? HEREON ? ;5 89'58'18' E 8 Lot 10 i 7 4313 81 82.03' 91.33' 5 89 54'29- E 173.36' 88th Avenue L 104 0 dO4 90 v �/ • ��® Io Lott £3 I Q� - - Q I .�. Cameo Court 104 92 LO4 99 25' Loo 4 Loa 1102 L _L SOUTH 1/4, SECTION 31. T. 13 N R 18 E. W.M. FOUND 2' UNMARKED B.C. SEE LCR 2M-1567 ES 25' So 87th Avenue I, 104 93 do4 94 5 .00' RIVAIE ROAD I 25' 25' i L(74 1 \ • J_ 1 H N 89'43'44' E 663.80' Coolidge Road &gam 4EK9® H©. /1effeGJOO o T42@gkt DOC. INDEX ._.. 8 9.09 &(gG'S� 25' 25' PUBLIC R/W 25' 25' Q'9 4 p R 1 s 0 30 .60 120 663.80' • SE CORNER. NW Y4 SE Y7, SECTION 31, T. 13 N., R. 18 E. W.M. NO MONUMENT FOUND. POSITION CALCULATED FROM R.0.5. 85-53 I FGFND 1. 0 DENOTES 5/8- REBAR WT174 YELLOW CAP MARKED HLA LS 33132/1118 LS 44631 SET 2 65 0160105 MONUMENT A5 NOTED. 3. [ ] DENOTES ADDRESS. 4. P.U. DENOTES PUBUC UTILITY. 5. R/W DENOTES RIGHT OF WAY 6. IRR DENOTES IRRIGATION 7 A PUBUC URUTY AND ACCESS EASEMENT I5 RESERVED OVER ALL OF TRACT A" HEREON. 8. THE WEST UNE OF THE SOUTHEAST QUARTER OF SECTION 31. T. 13 N. R. 18 E. W.M. IS ASSUMED TO HAVE A BEARING OF N 00'05'31- E 9. SURVEY PERFORMED WITH A LEICA OCR 1103 3- ELECTRONIC TOTAL STATION, ELECTRONIC DISTANCE MEASURING UNIT, AND CAUBRATEO CHAIN USING FIELD TRAVERSE PROCEDURES. 10. MONUMENTS SHOWN HEREON AS FOUND WERE VISITED IN OCTOBER. 2010. 11. THIS 51.19VEY MEETS OR EXCEEDS THE STANDARDS CONTAINED IN WAC 332-130-090. 12. • DENOTES 5/8' REBAR WITH YELLOW CAP MARKER 818 L5 33132 / HLA LS 44631 FOUND. NOTES. 1. SEE RECORD OF SURVEY RECORDED IN 8001( 85 OF SURVEYS. PAGE 53 FOR ADDITIONAL SECTION SUBDIVISION INFORMATION. 2. THE STREETS WITHIN PHASES 1 AND 2 OF THIS PLAT ARE PRIVATE. IF 194E STREETS ARE EVER TO BE MADE PUBUC, THE GATE WILL HAVE TO BE REMOVED AT THAT TIME. 3. THE ADDRESSES SHOWN ON THIS PLAT ARE ACCURATE AS OF THE DATE OF RECORDING, BUT MAY BE SUBJECT TO CHANCE. 4. SEE SHEET 2 FOR CURVE AND UNE TABLES. 5. SEE SHEET 2 FOR LEGAL DESCRIPTION. 6. PUBUC UTILITY EASEMENTS RESERVED HEREON MAY BE USED TO SERVE EACH LOT VAIN IRRIGATION WATER. YAKIMA COUNTY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE AND 08840 ON THE PROPERTY DESCRIBED HEREIN ON DATE OF THIS CERTIFICATION HAVE BEEN PAID. DATED THIS DAY OF 20 BY: YAKIM8 COUNTY TREASURER'S OFFICE SURVEYOR'S CERTIFICATE. I, ERIC T. 8(8700, A PROFESSIONAL LAND SURVEYOR, 00 HEREBY CERTIFY 11400 194E PLAT OF CAMEO COURT AT APPLE TREE (T PHASE 2 IS BASED UPON AN ACTUAL i/s SURVEY AND SUBDIVISION OF SECTION 13. TOWNSHIP 18 NORTH, RANGE 31 EAST. W.M. THAT THE DISTANCES, COURSES, AND ANGLES ARE SHOWN HEREON CORRECTLY AND THAT MONUMENTS AND LOT CORNERS HAVE BEEN SET ON THE GROUND AS SHOWN ON 111E PLAT. AUDITOR'S CERTIFICATE FILED FOR RECORD THIS _ DAY OF 20._, AT _ M. UNDER AUDITOR'S FILE NUMBER RECORDS OF YAKIMA COUNTY, WASHINGTON, AT THE REQUEST OF HUIBREGTSE. LOUMAN ASSOC. INC. YAKIMA COUNTY AUDITOR BY DEPUTY PARCEL NUMBER 181331-42003 AND -42004 P \Projects\2008\08085\Comex Cl Final Plpt\08085 Mal ploLevg a'� Hulbregtse, Louman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 Norlli 391h Avenue *Yakima, WA 98902 (509) 966-7000 • FAX (509) 965-3800 J08 N0. 08085 DATE: 11-5-10 SHEET 1 OF 2 PLAT OF "CAMEO COURT AT APPLE TREE PHASE 2" DEDICATION AND WAIVER OF CLAIMS KNOW ALL MEN BY THESE PRESENTS THAT APPLE TREE CONSTRUCTION COMPANY LLC, A WASHINGTON LIMITED UABIUTY COMPANY. ARE THE PARTIES HAVING AN OWNERSHIP INTEREST IN THE LAND HEREON DESCRIBED: HAVE WITH THEIR FREE CONSENT AND IN ACCORDANCE WITH THEIR DESIRES CAUSED THE SAME TO BE SURVEYED AND PLATTED AS SHOWN HEREON; DO HEREBY DEDICATE THOSE ROADS AND/OR RIGHTS OF WAY SHOWN AS PUBUC DEDICATIONS HEREON TO THE USE OF THE PUBLIC; DO HEREBY WAIVE ON BEHALF OF THEMSELVES AND THEIR SUCCESSORS IN INTEREST ALL CLAIMS FOR DAMAGES AGAINST 114E CITY OF YAKIMA AND ANY OTHER GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO 114E ADJACENT LAND BY 114E ESTABUSHED CONSTRUCTION. DRAINAGE. AND MAINTENANCE OF SAID DEDICATED ROADS AND/OR RIGHTS OF WAY: AND DO HEREBY GRANT AND DEDICATE THE EASEMENTS AS SHOWN HEREON FOR THE USES INDICATED. JOHN E. BORTON, MANAGING MEMBER ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF YAKIMA I CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT JOHN E. BORTON, A MANAGING MEMBER OF APPLE TREE CONSTRUCTION COMPANY LLC, A WASHINGTON UNITED LIABILITY COMPANY. IS THE PERSON W140 APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (110/561) SIGNED THIS INSTRUMENT. ON 06111 STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT A5 THE PRESIDENT OF UNITED BUILDERS OF WASHINGTON, TO BE THE FREE ANO VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSED MENTIONED IN THE INSTRUMENT. DATED - NOTARY PUBLIC MY APPOINILIENT EXPIRES: 1 r CURVE TABLE NO DELTA RADIUS TANGENT. ARC LENGTH CH LENGTH CHORD DIRECTION CI 9018'24' 50.00 50.39_ 78.92 70.98 14 4511'30' W C2 782747' 20.00 16.33 27.39 25.30 5 50'21'25' W C3 42'06'15' 55.00 21.17 40.42 39.51 S 3210'39' W. C4 72'29'44' 55.00 40.32 69.59 65.04 N 89'28'38' E C5 21'02'33' 55.00 10.21 20.20 20.09 14 43'45'13' W C6 73'12'06' 55.00 40.85 70.27 65.59 14 0312'06' E C7 21'02'33' 55.00 10.21 20.20 20.09 S 502926' W 08 28'34'36' 55.00 14.01 27.43 27.15 5 75'1800' W C9 15'20'45' 100.00 13.47. 26.78 26.70 14 82'44'19' W 010 26'12'35' 100.00 25.13 49.24 48.74 5 60'5739' E 011 11'29'34' 100.00 10.06 20.06 20.03 S 41'06'34' E C12 25'54'53' 100.00 23.01 45.23 44.85 5 22'24'20" E C13 09'28'36' 100.00 8.29 16.54 16.52 5 04'42'36' E C14 90'26'24" 75.00 75.58 118.39 106.47 N 4511'30' W (SW 1/4 NW 1/4 SE 1/4 SEC. 31 T 13N. R.18E. W.M.) LEGAL DESCRIPTION TRACT '0' PLAT OF 'CAMEO COURT AT APPLE TREE PHASE 1' ACCORDING TO THE PLAT THEREOF RECORDED UNDER A001106'5 FILE NO. _ RECORDS OF YAKIMA COUNTY, WASHINGTON. LINE TABLE NUMBER DIRECTION DISTANCE L1 14 8975'18' E 4.12' 1,2 14 51'33'06' E 33.49' 13 N 51'33'06' E 22.16' 14 5 44'46'54' E 26.13' L5 5 44'48'54' E 47.50' L6 N 46'00'36' E 50.97 L7 N 46'00'36' E 62.67' NMI 1E11 IIIIII MIN 11=1 1E1111 MINI EMI IRRIGATION DISTRICT CERTIFICATE 114E PROPERTY DESCRIBED HEREON I5 WHOLLY OR IN PART LOCATED WIIITIN THE BOUNDARIES OF THE YAKIMA TIETON IRRIGATION DISTRICT. I HEREBY CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY SHOWN ON THIS PLAT, OR CURRENTLY EXISTING IRRIGATION EASEMENTS OR RIGHTS-OF-WAY, ARE ADEQUATE TO SERVE ALL LOTS LOCATED WITHIN THIS PLAT WHICH ARE OTHERWISE ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF THE DISTRICT. I ALSO CERTIFY THAT THE IRRIGATION EASEMENTS AND RIGHTS-OF-WAY SHOWN ON THIS PLAT. OR CURRENTLY EXISTING IRRIGATION EASEMENTS OR RIGHTS-OF-WAY, ARE ADEQUATE TO TRANSMIT IRRIGATION WATER THROUGH THIS PLAT TO OTHER ADJACENT LAND ENTITLED TO IRRIGATION WATER UNDER THE OPERATING RULES AND REGULATIONS OF 114E DISTRICT. I FURTHER CERTIFY THAT: 1115 PLAT CONTAINS COMPLETED IRRIGATION DISTRIBUTION FACILITIES IN ACCORDANCE WITH 1H15 DISTRICT'S STANDARDS. OR PROVISIONS ACCEPTABLE TO 0415- DISTRICT HAVE BEEN MADE BY COVENANT AND AGREEMENT FOR COMPLETED IRRIGATION DISTRIBUTION FACIU71ES TO ALL LOTS: SAID AGREEMENT I5 FILED SUPPLEMENTAL TO THIS PLAT. OR THE EXISTING 196106710/4 DISTRIBUTION FACILITY IS ADEQUATE TO MEET THIS REOUIREMENT, OR LOTS IS/ARE IN WHOLE OR IN PART, NOT CLASSIFIED AS 'IRRIGABLE LAND' BY THIS DISTRICT AND/OR ARE NOT CURRENTLY ENTITLED TO IRRIGATION WATER UNDER I140 OPERATING RULES AND REGULATIONS OF THIS DISTRICT. BY: SECRETARY (OR DESIGNEE) YAKIMA 11ETON IRRIGATION DISTRICT I HEREBY CERTIFY THAT ALL CHARGEABLE REGULAR AND SPECIAL ASSESSMENTS COLLECTIBLE BY THIS OFFICE THAT ARE DUE 01/160 OWING ON II 1E PROPERTY DESCRIBED HEREON ARE PAID THROUGH 20 BY: TREASURER, YAKIMA 11ETOI IRRIGATION DISTRICT APPROVALS. APPROVED BY THE MAYOR OF THE CITY OF YAKIMA DATE APPROVED BY THE CITY OF YAKIMA ADMINISTRATOR DATE APPROVED 8Y THE CITY OF YAKIMA ENGINEER GATE PARCEL NUMBER 181331-42003 AND -42004 P'\Projects\2008\08085\Cameo Cl Final Piot \08085 final plot,awg 140 700 NO. 08085 Halbregtse, Lot�mart Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING DATE' 11-5-10 801 North 39th Avenue +Yakima, WA 98902 SHEET (509) 966-7000 • FAX (509) 965-3600 2 OF 2