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HomeMy WebLinkAboutLUA00-065 -4••• • ,•••• !:;:•-• AMP •Y• ; ••• , -••• • • •••`, •••••.. ,'=•• "-• •• • • ;•'• '•/•:". • 7:.,7;El-2 ••• otaza#40„ 4.4„ F 60....... 06,5 • R;\0(9 O CITY OF RENTON ti` Y O PLANNING/BUILDING/ J U L Z® 2007 + PUBLIC WORKS DEPARTMENT cITY c�RK s OFFICE �* N-rVO� MEMORANDUM RECEIVEd DATE: July 18, 2007 TO: Kathy Keolker, Mayor AUG 0 8 2007 FROM: Neil Watts,Development Services Director RENTON CITY COUNCIL Zanetta L. Fontes, Senior Assistant City Attorney CITY OF RENTON SUBJECT: Clover Creek Development/Complaint by Holla AUG 1 3 2007. RECEIVED Background Facts: CITY CLERK'S OFFICE The home in question is located at 906 North 27 Place. It is one of about 44 homes in Phase One of the development. There are approximately 20 homes in Phase 2. The house was built approximately five years ago by Hearthstone Homes. This owner(Mr. Holland)purchased the home about one year ago. A property owner decided to subdivide the property in this development and, after a long process, received approval for the preliminary plat. This same property owner hired a contractor to build new roads and utilities, completed the plat requirements, and recorded the new.subdivision. He then sold the lots to a new property owner("developer")who built the new houses. This house and associated lot were then sold to a new property owner. Years later the then owner elected to sell the property to Mr. Holland. The property owner who originally platted the property elected to bring these builders into this project. His decision was based on his own experiences with them in other eastside jurisdictions. They build very nice houses. The houses in this subdivision continue to sell generally in the$700,000 and higher range, with$1 million+for some of the houses in front with lake views. To the best of our knowledge, these were the first houses they built in Renton, although they had considerable experience elsewhere in the area. Since the subject development,they have built other houses in the Kennydale neighborhood, with no reported problems. Complaints: The complaints have not been specifically listed in writing. From phone conversations with Mr. Holland; we surmise that the problems are with water intrusion, primarily along an attached deck and with some of the siding on the house.' 1 These would not be design related issues.They would be general workmanship issues(correct installation of flashing,etc.). Clover Creek Development` plaint by Holland Page2of3 July 18,2007 It is possible that the deck may have been built with a slope back toward the door from the house to the deck, where some of the water intrusion was noted. Generally, intrusion with flashing and siding is by wicking, rather than overtopping of the flashing with standing water. Mr. Holland claims that there are other property owners in the Homeowners' Association who state they have similar problems. We have not heard from any of these other property owners, and see no evidence of work on the exterior of any other homes in the development. Duties of Inspectors: Inspectors check for compliance with minimum building code requirements, and grant approval to move on to the next stage of construction if the building code requirements ' are met. The emphasis of building codes and inspection is on health and safety issues, such as structural support, safe and properly located exits, electrical wiring and outlets, and other similar requirements. The inspectors would check to make sure the flashing was in place in the right locations on the house. They would not generally check the level of workmanship and whether the flashing was watertight. In fact, during the construction phase, they would have no way to test for water tightness. In this case, our inspectors did exactly what there were required to do. Water intrusion can occur on the best of projects. Water can find ways through narrow gaps, including wicking up under siding and flashing. We have alerted all of the building inspectors about the reported problems on this house, and continue to scrutinize all new homes for improper construction that may lead to water intrusion issues in the future. The Builder: These homebuilders have extensive work experience in the Puget Sound area, including many high-end homes in Renton. We have not had any problems noted over the years with their construction methods or final houses. We have advised them of this problem, and one of the builders met with Mr. Holland. The builder was then advised by his attorney not to initiate any repairs on the house, due to the possibility of increased liability through such actions. Things Holland Can Do: Contractors are licensed through the state. Complaints may be registered with the state. Also,the homeowner may complain to the Better Business Bureau. Clover Creek DevelopmenL. nplaint by Holland Page 3 of 3 July 18,2007 Additionally, we don't know what disclosures were made to the Hollands by the prior owner regarding water intrusion issues or, for that matter, what questions they(the Hollands) asked.2 The state requires certain disclosures. Otherwise, the buyer has a responsibility to ask questions. The avenues available to the landowner are limited. We've listed here those that we are aware of. We do not want to provide the Hollands with legal advice, and will not tell them what they can do regarding their seller. However, they may obtain the advice of competent legal counsel if they want to pursue an action against the prior owners of the house. We hope this report answers your questions and those of the city council. 2 As a side note,arguably,Holland had some responsibility to have the house inspected before purchase. If the Hollands did have an inspection done,they may have some recourse against the inspector. Purchasers usually do a walk through on a house and"accept"it before signing the papers. The purchaser is buying the house"as is." Board of Public Works October 1, 2003 Page 2 2. No occupancy for the houses be granted until streetlights are installed and operational. MOTION CARRIED. 1. OLD BUSINESS: • ON/OFF-SITE DEFERRAL,CLOVER CREEK(LABRADOR PLAT), LUA 98-141,Lake Washington Blvd.And Burnett Ave.N.—On September 1, 2003,the deferral expired for the improvements of a final lift of asphalt,repair of damaged curbs and sidewalks and all items on the final punch list. The applicant is requesting an extension of the deferral. Action: After a brief discussion,establishing the security device amount, it was Moved by Burnell,seconded by Gafour to grant the extension of the deferral for 1 year,or until November 4,2004, subject to the following condition: 1. A security device acceptable to the Board in the amount of $50,000.00 be in place to cover the cost of improvements no later than October 15,2003. MOTION CARRIED. • OFF-SITE DEFERRAL,CITY VIEW PLAT,LUA 98-173,Lind Ave.N.W. and N.W.2nd Pl.—The applicant is requesting a deferral extension for 10-12 months to install the final lift of asphalt. Action: Moved by Gafour,seconded by Eldridge, a decision was made to grant the extension until July 3, 2004 with the standing security device of $15,750.00 to remain in place until proof of improvement installment is submitted to the City. MOTION CARRIED. • OFF-SITE DEFERRAL,BINDER SHORT PLAT,LUA 03-053,980 Hoquiam Ave.N.E.—The applicant is requesting a deferral for 12 months to complete split rail fencing and road widening. Action: Moved by Gafour, seconded by Burnell,the deferral was granted until October 1,2004, subject to the following condition: 1. A security device acceptable to the Board, in the amount of $15,000.00,be in place to cover the estimated cost of the deferred improvements. MOTION CARRIED. 5. ADJOURNMENT: Acting Chairman Kittrick adjourned the meeting at 9:25 a.m. LI/P100-0G5 Board of Public Works hGLC PO - August 21,2002 Page 2 • Action: Moved by Christensen, seconded by Meckling, to waive off-site improvements per the applicant's request. The improvements include curb, gutter,sidewalk and paving. MOTION CARRIED. 4. OLD BUSINESS: • On/Off-site Deferral,Clover Creek(Labrador Plat)LUA 98-141,2313 N. 28th St. - The applicant requests an extension of the deferral for final lift of asphalt and repair of damaged curbs and sidewalk sections. Action: Following a brief discussion it was Moved by Christensen,seconded by Meckling to grant a deferral extension until September 1,2003. The current items being deferred are: 1)The final lift of pavement for the new streets within the plat;2)repair of damaged curbs and sidewalk sections;and 3)that all items on the inspector's final Punch List be signed off. MOTION CARRIED. 5. ADJOURNMENT: Chairman Watts adjourned the meeting at 9:08 a.m. Board of Public Works November 7,2001 Page 2 • Off-site Deferral,Leckie Short Plat,PRE 01-069,1604 Aberdeen Ave.N.E. - Applicant requests a deferral/waiver for off-site improvements on the frontage of the property at Aberdeen Ave.N.E. and N.E. 16th St. for curb,gutter, sidewalks, street widening and paving. Discussion: Jim Hanson,Hanson Consulting,gave a brief presentation. There are currently no improvements in the area. Power poles need to be moved if improvements are required. The city would pay for this if an L.I.D.were in place. The board agreed on the likelihood this would occur in the next five years. Action: Moved by Meckling,seconded by Gray to waive improvements on N.E. 16th St.; and to approve a deferral for the property on Aberdeen Ave.N.E., subject to the following condition: 1) Applicant agrees to participate in any future Local Improvement District(L.I.D.)to provide said improvements,by completing a Restrictive Covenant to be recorded with the Short Plat.Motion Carried. • Off-site Deferral,Riley& Oyler Short Plat,PRE 01-053/PRE 01-054,2509 and 2517 Aberdeen Ave.N.E. - Applicant is requesting a deferral/waiver on the frontage of the property at Aberdeen Ave.N.E. from N.E.24th St.to N.E. 27th St. for curb, gutter,sidewalks, street widening and paving. Action: Following a brief discussion,Meckling moved,Gray seconded to deny the request for a wai'er,and approve a deferral, subject to the applicant agreeing to participate in any future Local Improvement District(L.I.D.)to provide said improvements by completing a Restrictive Covenant to be recorded with the Short Plat. All lots shall participate equally in the frontage improvements. MOTION CARRIED. 1..ot OCIS • On-site Deferral,Clo r Creek(Labrador Plat)Lake Washington Blvd. And Burnett Ave.N - Applicant is requesting a deferral extension for final lift of asphalt and repair of damaged curbs and sidewalks. Action: Moved by Meckling,seconded by Gray to grant an on/off-site deferral extension at the Clover Creek plat for final lift of asphalt for the new streets within the plat; and repair of damaged curb and/or sidewalk sections, subject to the following conditions: 1)An extension is granted until September 1,2002; and 2)the existing Letter of Credit shall be updated to leave an open-ended expiration date with Keybank National Association. MOTION CARRIED.On- site Deferral,Taylor Short Plat,LUA 099-116,601 Bronson Pl.N.E. - Applicant is requesting a deferral extension for final lift of asphalt,and completion of the downstream drainage ditch,until September 1,2002. Action: Moved by Meckling,seconded by Gray to approve a deferral extension at the Taylor Short Plat,601 Bronson Pl.N.E.for final lift of asphalt and completion of the downstream drainage ditch,until September 1,2002. MOTION CARRIED. 5. ADJOURNMENT: Acting Chairman Christensen adjourned the meeting at 9:17 a.m. a CITY 1F •RENTON moll. W. Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator CITY OF REN 'OM JUN 0 1 2001 RECEIVED CITY CLERKS OFFICE May 23, 2001 TO WHOM IT-MAY CONCERN: Subject: Please see attached new.plats that have just been addressed. Please add these addresses : - and streets to your City directories and maps. Also,please note.2 address changes to newly recorded.plats. Please change ouj recor� eflect.these a_ ddress changes. ' • • NEW PRELIMINARY PLATER SI1OR F PLATS,:, - SMP-o4-03.1 Candiewood II Short Plat . t • ` ` �..: .., De' tt Short.Plat .• • Edens Court Preliminary P t.. . . , ,rt f f-00-07�Edm:ands'Pre iminary Plat 44�.pp_ ,6,0Geneva Court Prelimin at Jacques j3> 'on jve Short Plat 5tiP.01_D,25Kendall Court Short Pla i _ • . i_ 's 4eado iShort Plat • Liberty`Ridge II Phase F`. :'':','!,..,„4- 1'...'1;-.4::ilide z •Ti;sonLanding'Short PlatµP-oi-olgMor an Court Short P1�( Court Preliminary Plat ., llP-99-b"16UnionPark Short Plat - , 1 • oilII'Prel inary'Plat t ADDRESS CHANGE I NEWL ' i C-E. 'LAPS: . Lot 51 of Clover Creek Plat . i fisting house that isAemamit1.but has to change address FP&'d 42'' to fit in with plat addresses; OLD 'YEW .-- ; , - PARCEL# 1323 N 28"' Street 2631 Park A ; I ' 1644500510 .• Lot 1 of Circle Short Plat—Conflict with douse address to the north.—this house is-still - 5114 P-DO'o,`' under construction so.shouldn't affect too many records. ' • • OLD - NEW PARCEL# - 2024 Harrington P1 NE 2018 Harrington P1 NE 7227800001 Sincerely, . • an Conklin Development Services Representative Development Services Division Telephone: 425-430-7276 . 1055 South Grady Way-Renton,Washington 98055 C This paper contains 50%recycled material,20%post consumer • ♦ �� ♦ 'fi‘„C) CITY OF RENTON CITY CLERK DIVISION • MEMORANDUM DATE: February 22, 2001 • TO: Carrie Olson-Davis cc: Arneta Henninger FROM: Suzann Lombard x6521 SUBJECT: Clover Creek Plat/Labrador Ventures—LUA-00-065 Bill of Sale Rec#20010104000394 The attached document has been recorded with King County, and is being returned to you. Please forward a copy to parties of interest. A copy has been placed in the land use file. Thank you. Enclosures: (2) • tu�r Address: 20010104000394 City Clerk's Office City of Renton PAGE 001RENT0OF 02BS 9.00 1055 Smith Grady Way 0I/04/2001 10:19 NG Renton, WA 98055 *229650-156 to 160 0523059001 ,9005 to 9009 , 901 2-901 3, 9018, 9019, 9031 , 9049 906S-9071 BILL OF SALE ( v-2?2 (2gJQ Property Tax Parcel Number: * Project File#: LUA-00-065F$treet Intersection: kKNFA<BLVD Address: Renton, WA __ — Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): - Grantee(s): I: Labrador Ventures LLC 1. City of Renton, a Municipal Corporation 2. The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the Grantee,as named above,the following described personal property: WATER SYSTEM: Length Size Type 186 L.F.of 6" DI Water Main 2 37 4 L.F.of R" III Water Main L.F.of t9 Water Main 11 each of 6" " Gate Valves Cr} 14 each of 8" " Gate Valves = 1 1 each of Fire Hydrant Assemblies 0 Q SANITARY SEWER SYSTEM: Length Size Type —T 1 71 c L.F.of 6" " PVC Sewer Main 376 L.F.of 8" " PVC Sewer Main 0 1423 L.F.of 1 5" ., PVC Sewer Main 0 1 1 each of 4 8" " Diameter Manholes each of " Diameter Manholes • o each of " Diameter Manholes • t.-s STORM DRAINAGE SYSTEM: Length Size Type 256 L.F.of R" " Ni 2 Storm Line 1 647 L.F.of 1 2" " Ni 2 Storm Line 673 L.F.of 1 5" " 1►11 2 Storm Line each of 99 Storm Inlet/Outlet 11 3_5 each of -- T Storm Catch Basin 1 0 each of " T T Manhole STREET IMPROVEMENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement) Curb,Gutter,Sidewalk r3 0 0 L.F. Asphalt Pavement: SY or 7 7 0 0 L.F.of 32 ' Width STREET LIGHTING: II of Poles /7 By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. :::.,Eck_ /-,.-/ .. ,1 . 1I:\FILE.SYS\FRM\84HNDOUT\BILLSALE.DOC'MAB Page 1 • Form 84 0001/bh IN WI OF,I ha e hereunto set my hand and seal the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument • Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) �! I certify that I know or have satisfactory evidence that //04-Ey/l AW "&leru(AtAtze el/40MGi2 I/A 7U22i LLG signed this instrument,on oath rn stated that eieheithey washwere•authorized to execute the instrument and M O U N I R H. T 0 U M A acknowledged it as the Site/ll//40,14fGv and ah0//'2Et�•ifyeis f 0 ofiefarays )1•Pr•J G Ll to be the free and voluntary act of such( STATE OF WASHINGTON pa /parties forte • din the instrument. NOTARY-- o Not Public in and for the State of Washington Notary(Print) /`/f4(..1f, " 04' 747r,Jiyt4*— My appointment expires: c�o9/2.ad.5 o Dated: �lG•/.3i ZropcD 0 N CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of , 19 ,before me personally appeared to me known to be of the corporation that M 0 1 R H. T 0 MA executed the within instrument,and acknowledge the said instrument to be the free STATE Or ASH �GTON and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said NOTARY BUG . instrument and that the seal affixed is the corporate seal of said corporation. UY COLLUSION B- 0.3 Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Page 2 - CITY OF RENTON DEVELOPMENT SERVICES DIVISION CITY OF RENTON MEMORANDUM JAN 1 1 2001 RECEIVED CITY CLERKS OFFICE DATE: January 10, 2001 TO: City Clerk FROM: Adriann Alexander, PBPW—Development Services/Plan Review; SUBJECT: Recorded Documents Clover Creek Final Plat-LUA—00-065/LND-10-0336/AF#200108000666 Enclosed are copies of the above referenced documents recorded by King County for your records. Thank you. Enc.: (1 set) RecdocLND-Memo.doc\ 1 20010108000667 CITY OF RENTON COV 25 00 Return Address: PAGE 001 OF 018 01/08/2001 11 40 <' 1/ENT �r LLC- KING COUNTY, WA )00/Zr 3yy ::AIe/tI d Gv4 1 1f9 33-.3 5 V y Please print or tyje4Information'WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65 04) • Document Titles)(or transactions contained therprn)'till areas applicable to your document must be filled in) 1 Ce fIR11 2 3 4 Reference Number(s) of Documents"assigned or released. if .4 (-4-- Additional reference:#'s on page of document Lc) ca o Grantor(s) .(Last name first,then first name and initials) 2 `o.W.P 'vz;. eC3 G LC 3 ..... 4 o (� . l_'::,1.Additional narneskn pageL __T_of document C• o CV Grantec(s)'.(Last::name first then first name and initials) 1 3 0 „ 4 ' •Additional names on page "__of document ; Legal description(abbreviated i e lot,block,plat,os!section,:townslup,range)... (COGEl2 C.€4 , • ,4 4 r- .. • ❑Additional legal is on page of document Assessor's Property Tax Parcel/Account Number III Assessor Tax#not yet assigned /`sv " ,,,„.,i 0 �' The Auditor/Recorder will rely on the information provided on the form The staff wilt not read the'docpment`to verify the accuracy or completeness of the indexing information provided herein DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF CLOVER CREEK HOMEOWNERS ASSOCIATION • THIS DECLARATION'is made on the date hereinafter set forth by LABRADOR VENTURES, LLC,:a Washington lumidd liability company,,(}:heremafter referred to as"Declarant") EA'T N Et S:E T H WHEREAS Declarant is.;Zhe owner of::cextam property in Renton, King County, State of Washington,which'is:;moxe"particularly described oil;'Exhibit•"A" attached hereto and incorporated herein by this reference,and • ' WHEREAS,the Declarant hasp subdivided of will'subdivide this real property and it is the desire t— and intention of the Declarant to sell,this real property.:in the Development;,ai d to impose upon it mutually • 41:`1 beneficiary restrictions under a general: cheine of improvement fbr the benefit'`6f all lots, tracts or lands in the a development, the future owners of those•"lands, and such other•:'persons' corporations, or entities as may be • c=. designated herein,and • ;:: WHEREAS,it is the desire and mtentiiin of the Declarant to•estab.hsh.and maintain a gen.ral plan eC for all property included in the Development which wall result' in'a residentiaV'area:where property value, c desirability,attractivenesa.and views will be enhanced and protected,8nd '"" r— :: WHEREAS, Declarant has created or shall create a lfomenwners AssociatioiV-(Association) and cshall provide for thk transfer or maintenance obligations thereto of certain, tracts"of real property and created facilities as the Continon Areas,and WHEREAS, the Association will accept certain obligations for the tamtenanCe of the Common Areas as provided herein,now,therefore, _,,..Declarant;'hereby declares-'that,all of the Properties described above shall be held, sold and conveyed subject to the foIlowtng easerrients, restrictions, covenants and conditions,which are for the purpose of• protecting the value aid desirability pf, and-which'shall run with,the real property and be binding on all parties havmg any right,title or interest in Me desinbed Properties..Qr any part thereof,their heirs,successors and assigns, and shall more to the benefit,of•each owner thereof '" ARTICLE I DEFusIITIQNS 1 1 "Association" shall mean and refer ib„tht Clover;''Creeli Homeowners Association, a nonprofit corporation,its successors and assigns • 12 "Architectural Control Committee" (ACC) shall mean and iefefi to the Architectural Control Committee as described m Article VI of this Declaration 1 3 "Board of Directors" and "Officers" shall refer to the'board of'directors and••ofcers of•Clover Creek Homeowners Association cunwrYPeCOMI GM1 CLovrRcRF_M ccas ooc -1- :'12 7* ••• • 1 4 "Common Area"shall mean all real property(including the improvements thereto)owned by the Association for the common use and enjoyment of the Owners of Clover Creek Development, including but not limited to the easements for ingress,egress and utility purposes,Tracts A and B,and entrance signs,if any 1 5"' "Declaration"shall mean and refer to this instrument and any future amendments and declarations • 6 "Peclarane shall mean and refer to Labrador Ventures, LLC, its successors or assigns, if such successors or assitnsF'shouleacquire m9re....tan one undeveloped lot from the Declarant for the purpose of . .• development s., • • • •• 1:7 "Development"shall • refer::.totloyer'Creek residential Development :•• .s. 1 8 mean And refer to any plat'oflan0 shown upon any recorded subdivision map of the properties with thkexception,df the'Corninork Area .0/ 1 9 "Owner'.shall ineaii and refer tglheiecofil owner,whether one or more persons or entities of a fee simple title to any lot which is or will hecoqii a pert of the Properties,but excluding those having such interest merely as security for the performance of an obligation Where li,:fot is being sold by real estate contract, the contract purchaser who resides on the prciperty'shag be deemed owner far memliership purposes ••• • 1 10 "Properties" shall mean and refer to that certain real property herembefore described, and such additions thereto as may hereafter be brought wittun the jurisdiction of he so. • • ......... 1 11 / 'Resident"shall mean and refer to thi:persOn(41.4 actual physical 9ccgparicy of a.:houae for the purpose of using such house for his/her usual place of abckle, . • . . . •• 1.42 ;tract"shall mean those parcels identified on the plat an Tracts Aand B ••••••• ARTICLE II • ...... !•• •••••••••• HOMEOWNERS ASSOCIATION =1. 2 1.'"- Forrhation. The Declarant shall cause to be formed with the recording etIng.Declaration,or in a reasonable time theteafter, triloOprofft corporation under the laws of the State of WashmgiOn known as Clover c::} Creek Homeowners Association; wiinse.,objectl and purposes shall be the furtherance and promotion of the community welfare of the niemhers,.inclildmg the regulation,use,care,construction,operation,repair,maintenance c=i and preservation of the Camition Area and..the protection and benefit of its members and their property in said • •• • • C*4 Development as the Homeowners Association shall determine and as provided by its Articles of Incorporation and Bylaws,and any rules aiid:tege.leilions adopted ptirstiantihereto • . . 2 2 Grantee's Acceotince .1.1ii,grantee of any Lot subject to these Declarations by acceptance of a deed conveying title thereto,or the execution or a contract for the purchase thereof,whether from Declarant or from a subsequent Owner of such Lot shall accept stidi deed or contract'upon and. to each and all of these declarations and the agreement contained heriin, ind...t;y Seaplane° shall for himself, his heirs, personal representatives,successors and assigns,covenant,consent and agree to and with dielleclarant,and to and with the grantees and subsequent Owners of each of th6.4,otass'i;vithin the Development, as now existing or as further subdivided in the future, to keep, observe, comply with and lierforin said Declarations and agreements Each grantee of a Lot agrees to be bound by the Articles of Incorporation and Bylaws, and rules,and-iikuIations herein, pursuant to the Clover Creek Homeowners Association,and grantees shall continue to be members'thereof while retaining ownership of said Lot '••• . •:. .......... 6 LLAWTYPEICOVMMAGIAT‘CLOVERCREEK-CCDS DOC '212(27/00 - ;: .......'''.::.... . .. ... , ..i.: .f.: .•%:•...... . .- ARTICLE III .:•.' ....-Y .1/ .::' ...- ::' ....: .j: .:"*.:•.. MEMBERSHIP AND VOTING RIGHTS ii ii ••••• .F :: ••• .• ..:::::,.." I :•:. 3 1'' Every Owner of a Lot which is subject to assessment shall be a member of the Association Mern.hership:shall he appurtenant to and may not be separated from ownership of any Lot which is subject to %... assessment :: •,. ..,,,,,..„ '.."4...:„,,.....„.-,' ...• ::: .:.-* .,," ---:. ...... ......,..: ...r ...:. 3 2: ...::All Owners including the Declarant shall be entitled to one(I)vote for each Lot owned When more thap.::one.:(1)perspfi holds an VifeiestikOily Lot, all such persons shall be members The vote for such Lot shall be exercised as they diterm.Ing but inth event shall than one(1)vote be cast with respect to any Lot In the event.aaixiiting Lot iS further subdivided,each of the Lots shall also be subject to this Declaration and shall be entitled to one(I)vo4:fof each new Lot9Oner As aitisting Lots are further subdivided,the overall number of Lots shall increase accordingly / .::. ,i''. ' ,.:::: ,.-... -•:.. §. ..... •••••••• :..1.0111C1,:t IV -.--...„ ...:: .PROPERTV RIGHTS :•./ ••::.. .,., .? .... -.:;. .,-.: 4 1 Owner's Easements df.En i loyment Every member shall have right and easement of enjoyment in and to the Common Area and as reserved in the recorded plat,which shall be appurtenant to and shall pass with t•--- the title to every Lot,subject to the following provisions' .:.: •,..1; :: ::. LID ''•:: .: '.'• .i.''':•.• Ca ::::,: • ... l'• .•;:•••••••:. •.' .1. The right of the Association.fpr access.*eaeil 41 duimg reasonable houri and .....:, .:•::' after reasonable notice (except in case pf emergency) as may be tfeces4ary for the c.• ....,..- •••• maintenance,repair,replacement or unprOVeliient Of an3i Common Area accessible from . s that Lot: .,:r ... :., .* • cD .•.: .-: •:. ••• '''::::' ::. ;•.• ....• :•:. (b) ::The right of the Association to dedicate or transfer iill or.aily.:Iiatt:.::of the .....* common Area tracts or roadways to any public agency, authority, or utility for such T— ,• c7, .:•' ..i. purposes ,„•The..Declarant shall have the exclusive right to 1,).iechte any necessary .. .. .. , ..• dOCPMcnt•S to dedicate the roadway and tracts to the City of Renton iiiitiVieverity percent (-4 . •:••••;:.. (7Q o)of the lots are sold No other dedication or transfer shall be ef%chle unless an „ •• ,,.: ... ,., . •••.:„... in to such dedication or transfer signed by two-thirds (2n') of the members has been recorded,'and ; s•-• .:.: .,, ..... •: :.:. •••• s .:. •. (c) .114.ngbf of the AsAociiii)on and ACC to pass reasonable rules and regulations regarding the use and access of the Chininen Area --,:.. :: :: --.:;,;•:: ...:- j 4 2 VAT All Lots shall be used solely and exclusively for private one family residences with appurtenant garages,provided that the i56clifant may maintainii model upit or commercial sales office within a unit until such tune as seventy percent(70%)of t11 :tots have been soli' Outing this time,the Declarant may maintain signs on the Common Area advertismi:the.Devegipmeht and lots:fof.iale!;Nolome or structure shall be permitted on any Lot without the pnor approval of the ACC or Ciingpi Architect ••. ..i.' ...:* ...."'"..: ..-'. ...••••:. 4 3 Delegation of Use Any owner way delegate, iii accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the meMbeit onus family his.iiiiants,o.i contract purchasers who reside on the property : : ..• •• ., .-.... ":••:•... .•:' .... .:' .* .;.' ::'' ••• 4.4 Dedication of Accesses and Common Areas. All accesses and Common Areas sef':forth:.9n the Development filed herewith are dedicated and reserved for Lot Owners,their families and atwitse. All Lots will be subject to utility easements .:.: .:: .... .• •::..... i ...:. ,r,,,••-••••-•.... •••-... ....-• •••••:•:.-Y ••••• ." '::, ,i..........'.t.'' '''.:: *•*.-. '.•:,....::::•.... ." •:' ..,...... ••••• is-.•::). .::: •:, -••• .:.; :* .1 ::: i: •-•: G VAWTYPEICOWIFRAGINIICLOWRCREEK-CCIIS DOC -3- ........, ,,;:' .:. ...... t2rrtpo '::„;,.,...,...'' .: ' ::..., ...:. i! _ ''...:F :.: • :' 4.5 Protection of Views The Lot Owners may request from one another that trees and/or brush be :pruned,ginned or otherwise cleared to eliminate any unreasonable interference with a view The cost of pruning or • thinning'shali;,be•:borne by the lot owner seeking to protect their view The Board of Directors shall have the responsibilityr of determining whether trees or other vegetation on the premises of any lot by reason of increased size dire to growth since construction of homes on adjacent lots,unreasonably interferes with the view of other residents Xwithiii this Deyelopnient,...In.,any case in which the Board of Directors shall determine that there is such interference, '-.•:.••�''' it shall send a:notice in writing wner to•the lot oinvolved,which notice shall set forth the extent to which the trees or other vegetation shall be pruned di•remov,•id If vjiithm thirty(30)days after receipt of such notice,the lot owner has not caused trees or other vegetate iti to be.,phrned or removed to the extent required by the Board, the Clover Creek Homeowners Association may hire a pcofessidhul:.landscaper to do such work at its own expense or may charge the cost of such work to.the'lot owners of the Development who have requested the pruning or removal of such trees ik:othet vegetation 4 6 Nrlis aces No.obnoktous:or offenstye:;activity shall be carved on or upon any Lot, nor shall anything be done thereon which:may be or become annoyance or nuisance to the Development A decision of the Board of Directors concluding*activity isiobnoxious:or offensive shall be conclusive 4 7 Garbage and Refuse Disposal No I;ot.;shall be used or mamtained'as a dumping ground for rubbish,trash,garbage,cuttings or otheiwastes All rubbish,trash,garbage,cuttings or other wastes shall be kept in sanitary containers All incinerators or other equipment for the'storage of disposal of such materials shall be kept in a clean and sanitary conditioniF Lc, 4 8 Livestock and Poultry No animals,livestock or poultry of`any lydnd shall rid.raised;"bred or kept a,o on anyLot,exce t that�dogs, cats and other household y rovideci that the are not kepi,bred or P P ma. .be kept, P Y 1 maintain for'any commercial purposes Any dogs must be kept so as to.7inini1n1ze excbssive noise from barking, X� otherwise,such barking shall be considered a nuisance under these covenants o ;4 9 .;'' Completion of Permanent Homes Unless otherwise approved the"by ACO ni:ivntuig,the extenor of any;dwelling mast be completed within one (1) year from the commencement.of tho construction Awnings, `-, Cabanas,Garages,and Carports-must be constructed with new,complementary materials tq the permanent home • c' • 4 1e" Vehrcle.Parking• No inoperable vehicles,motorcycles or other motorized.apparatus(collectively J "vehicle(s)")shall be stored oti the premises or the streets within the Development No mechanical repairs shall be conductedlupon,the premises except minor.•maintenance and mechanical work by a resident of the Development on said resident's private'vehicle,.lsrovidede'that any such conduct be in a manner which is not offensive to persons residing in the neighlorhood;'is not unsightly; does not result in unusual noise or debris being placed upon the premises and is in keeping with the development here involved If an owner refuses to remove an illegal vehicle,the Board of Directors.(hoard)shall have:the power to remove the vehicle at the owner's expense Except with the approval of the Board,lot owners at no tmie.''shali'keep•or:permit to be kept on their premises any house trailer,unattached camper,recreational velnelo:(R V.),mobile home,boat,or boat trailer,unless the same is housed within a garage 411 Satellite Dishes Satellite dishes shalibe..allowed within the Development,provided that they are suitably screened from the street and neighboringlots and do not exceed toff (4)feet in diameter and are neutral in color 4 12 Siena No signs of any kind nor for any°use,except public,ilotice by.a political'division of the state or as required by law, shall be erected,posted, painted or•:dtsplayed on any'building site or portion of this subdivision whatsoever, provided, however, that any builder may erect and display:'signs dlituig the period of construction and sale of a lot in said development,and that any Owner wishing to'sell,or;rent his or home may place one sign not larger than 600 square inches,advertising the property for rent or sale •y. F 6 V. WTYPE1COiMMA0Mr1CLOVERCREEK-CCRS 00C -4- i 12/271Q0 4 13 Natural Dramane Except with permission of the Board of Directors, the natural drainage of any shallfit• e changed • • • 4 IA' Exterior Lit Exterior lighting of any sort which is visible from any street or from any lot uthm the-developMent shall not be installed without first ohtainmg written permission from the Architectural iControl Oonithittee.;•• _ 4 1.3 :::Sports Eguipment No basketball backboard,or related equipment shall be affixed to any garage . in addition not'portable.'btaetbilll goctp, trampoline, or other similar sports equipment shall be used on any lot, uiiless the sartid is located in the rear.yard and lintiOlytereened from view from the street •:„ .5* 41.6 ":...Fenoe...1teattemsiits .All fences ha1l be *11 constructed of cedar, or other suitable fencing materials as approved by the ACC, and shall be arnitic iri;cleggn and shall not detract from the appearance of any dwelling located utrotkadjachnt lots or building sites,or be:offensive to the owners or occupants thereof .""*". ••!.• 1 AftTICLE V COVENANT FOR ASSOCIATION MAINTENANCE ASSESSMENTS • 5 1 Creation of the Lien ana,Fersdnal 9bhiatiork of Associatidii Assessment The Declarant,for each La Lot within the Development,and each Lot subsequently created by fitither subdivision by Declarant or Owner, or c.c. otherwise,herebx covenants,and each Owner of any Lot by acceptance Oa deed therefor,Whether or not shall be so expressed us siiekdeed is deemed to covenant and agree to pay to the annual aisesirnents or charges and special assessments for capital improvements, such assessments.to be established and collected as hereinafter provided The annual and special Association akesitnerit's,together Witli"inteiest, osti and reasonable attorneys'fees,shall be charged on the land and shall be a continuing lien upon the property against whreh each such assessmetft is made Each such assessment,together with interest,cositiind reasonable attorneys fees,shall also be the personal obligation of the person who was the Owner of such property at tithe wheifthe'asseiiment fell due The D.eclarani,however, hall not be obhgated under this Covenant for Maintehin=•AsseOments for unsold Lots c=, c•••••, 3 54 ./Purizcse,tif Asseetation Assessments The assessments levied by'the Association shall be used exilnsively"-td"promote,;ihe recreation, health, safety and welfare of the residents in 04...properties and for the maintenance, cepa*, replacement, emergency work, and capital Improvement of the Common Areas The maintenMicepfshe Cdinmoil Ardis uteludes-thd.payment of real property taxes on such Common Areas,which shall have the highest pnonty ui'the.dtilizgiodof assessments •••• ...... ••Y 5 3 Maximum AnnlAssoeiatUM Aisesititent Until January 1 of the year immediately following the conveyance of the fiist.Lot.tdag:Owuir,the.thaidnibm annual assessment shall be$400 00 per Lot .• ...•. .:• (a) From and after-iiimary 1 of the year immediately following the conveyance of the first Lot to an Owner, the maxunum an nat assesstrient may be iticreaied.:eiielt year not more than ten percent (10%) above the maximum accPcsment for the preyiais year without a vote of the Membership ...• • (b) From and after January 1 of the year immediately foili;mik.the conveyance of the first Lot to an Owner,the maximum annual assessment..flq.be uicrea.sed,:above ten percene.(10%)by a vote of two- thirds(2/3rds)of the members who are voting in person or biproky,at a meeting duly called for this purpose (c) After consideration of the current Maintenance and future needs of the Association,the Association may fix the annual assessment at an amount not m excess offihe Maidniurn •-••••:. •••• ••.• ;*: ••••• ...... '"' • ••• G LLAWTYPE1COWNIACKTICLOVERCREEK-CCRS DOC -5- e 12/27i00 -• - •. .•• • {'S 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 .:purpgse,44efraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital nnprovement upon the Common Areas and including fixtures and personal property related thereto,provided • that any such assessment shall have the assent of two-thirds(2/Y4)of the vote of the members who are voting in person or.by proxy at a meeting duly called for this purpose .'v5 5 Notice and'Ouorum for any Action Authonzed Under Paragraph 3 and Paragraph 4 Written notice.:of any meeting called for'.the purpose oflaking any action authorized under Paragraphs 5 3 or 5 4 shall be sent to all Members not less than tiirty00)days'or more than sixty(60)days in advance of the meeting At the first such'meeting called,the presenceiof inember's or of proxies entitled to cast sixty percent(60%)of all the votes of the members`.shail constitute a;quortim'.;If the required quorum is.not present,another meeting may be called subject to the same notice':k'equi ement,and the required•'quorum at`the`'subsequent meeting shall be one-half(1/2) of the required quorum•at the preGeding:meetuig:'.,1No such;;subiequent meeting shall be held more than sixty (60) days following the preceding meeting.' 5 6 Uniform Rates of AssociationAsseasments Both annual and special assessments must be fixed at a uniform rate for all Lots and maybe collected n aritonthly,basis"''' 5 7 Date of Commencement of`Annual ASsOCiation'AssesiMents,,Ijiie Dates The annual assessments provided for herein shall,upon the election.of the Declarant,.commence for each•Lot on the first day of the month following the conveyance of the Lot from the 1Jeelafanti or in the event"the'Declarantletains a Lot and constructs a residence,the date on which a certificate of occupancy issued,:for the structure The first'annual assessinent shall ua be adjusted according to the number of months remaining in the calendar year Tlie.Bgatd of Directors as;provided in the bylaws'shall fix'the amount of the annual assessment against'each Lot at least thirty(30)days in Advance of r each annual assessment:period Wntten notice of the annual assessment shell be"sent to every Owner subject thereto. Ttie due;Fates shill be established by the Board of Directora,.The Association;shall,:upon deiti'and,and for a reasonable charge,furnish a certificate signed by an officer of the Association setting:forthhether the assessment c, on a specified Lot his been paid A properly executed certificate of the Association"as to status`of assessments on a - Lot is trindmg•'upon.the Association as of the date of its issuance c• 5:8 'Effec) of Nonpayment of Association Assessments - Remedies`4f:the Association Any assessment not paid.within thirty(30) days after the due date shall bear mterest from the•.di}e date at the rate of c i twelve::percent (12.%).per annum The Association may bring an action at law against the Owner personally obligated:io. iax.the smite,. it foreclose the.•lieivagainst the property in the manner provided for a Mechanics' Lien, except that the Association shall not;be:limited bythe notice and time provision of RCW 60 04,et seq No Owner may waive or otherwise escape liabiiit+for the,assessments provided for herein by non-use of the Common Area or abandonment of lus/her.Lot 5 9 Subordination of the Lien to Mortgages:The Ji6aof the assessments provided for herein shall be subordinate to the lien of any first:.mortgage.. Sale or Jransfir o `any.Lot shall not affect the assessment hen However,the sale or transfer of any: .ot puranai t po mortgage foreclosure;.or any proceeding in lieu thereof,shall extinguish the hen of the agcasment as:to,.peyments which:became due prtorto..such sale or transfer No sale or transfer shall relieve such Lot from liability for ally assessments therefor becomingdue,or from the liens thereof :ATICLE:VI :' ARCHITECTURAL:CONTROL,COMMITTEE 61 Appointment and Membership There is hereby"constituted an.Architectural Control.Committee (the"ACC") Until such time as seventy percent (70%) of the Lots have sold,•the Declarant shall have the G LLAWiYPE1COIMMAGMi1CLOVERCREEK-CCRS DOC -6- :'1227190 a right to.elect the members of the ACC Thereafter,the ACC shall be appointed by the Board Initially, the ACC sliall be composed of •.:Bradley K Hughes Daniel A Brewis P:O Box 3344 P O Box 1562 Kikland,WA 98083 Woodinville,WA 98072 Matthew Pool P O Box 2197 Renton,WA 98056 A majority of the ACC may deiigdate a re reseptative,to act for it, which representative shall be known as the Control Architect:: 1 i,,•• 6 2 Guidelines The ACC shall#cave the authority to adopt and amend written guidelines to be applied in its review of plans and'specificatiotls,in older to bxiher the intent and purpose of this Declaration and any other covenants or restrictions covering the prppertyr'• If such'guidelines are adopted, they shall be available to all members upon request 6 3 Meetings' The ACC,�shall;meetas necessary,,.tO.:properly perform its duties, and shall keep and maintain a record of all actions taken at'•the meetings:or otherwise. Unless authorized by the Association, the members of the ACC shall not receive any Compensation for their'`services.:` All .!member shall be entitled to reimbursement for reasonable expenses incurred in't onnCcction with the pertormance,'of any duties ::::. e•` 6 4 Non''Waiver Approval by the ACC of any+plans,'drawings or speeificatipns shall riot be•a waiver "' of the right to withhold approval of anysimilarplan,drawin " ificatio for matter•siibniitted fora proval �:, gh ,. pp g. M ,, p `=' 6 5 . Liability` Neither the ACC nor any of its members`'shall be liable to the?Association or to any ,,, owner for any damage,loss or prejudice resulting from any action taken in good.. faith on a:inatter submitted to the ACC for approval or'for failure to approve any matter submitted to the ACC The•ACC or Its members may consult ' with the Association or ally owner with respect to plans,drawings or specifications,or any other proposal submitted CD to the ACC: . J. ARTICLE VII a `-+ 1 ftCIIITECTURA4J AND LANDSCAPE CONTROL 7 1 Approval of Plaiis:Reguifed'•: Except.as•:provided in Section 7 2 below, none of the following actions may be taken unfil4ins.indjipecficatioiis,f9r the same have been approved in writing by the ACC (a) Theconstiuction of private roads or driveways, (b) The cgngtr ictisin or erection of airy budding, fence, wall or other structure, including the installation,�erection,or construction of any'solar collection device, (c) The remodeling;.•reeciiistruction or alteration of any road,driveway,building or other structure 7 2 Atiuroval Not Required Notwithstanding ariy,provision of:this Declaration, the approval of the ACC shall not be required for • G LLAWIYPElCo1MFMGMTICLOVERCREEK-CCRS DOC .'1� �7� 1 Enforcement The Association,or any Owner,shall have the right to enforce,by any proceeding Iawv or,tn equity, all restrictions,conditions,covenants,reservations,hens and charges now or hereafter imposed by the provtsioias of this Declaration Failure by the Association or by any Owner to enforce any covenant or restriction hetein. .ontamed shall in no event be deemed a waiver of the right to do so thereafter 8:2••.:;. Severability_ Invalidation of any one of these covenants or restrictions by judgment or court order .,shali'm noway affect any other provisions which shall remain in full force and effect 8 3 ;Agiendment The covenants and restrictions of this Declaration shall run with and bind the land, for, a.:term.•of twenty (26)..:yeari frciiii the date this Declaration is recorded, after which time they shall be automatically extended:lor successive periods:Of ten110).years Until such time as seventy percent(70%) of the Lots are sgld,.i5eclarant shall have sole authotity,tsi amcn4'this Declaration After this time,this Declaration may be amended during the first:twenty (20) year;period by...••aii instrument signed by not less than seventy-five percent 75% of the Meti bers, and:thereafter:b"an instrument sl ned bynot less than fifty-onepercent (51%) of the ( ) Y� .� .�.�� Members Any ameitdinent,iiiust be recorded :; 8 4 Declarant Control:` Until such tune as seventy percent (70%n) of the Lots have been sold, Declarant shall have sole authority.to act on behalf of'the Association",:_. 8 5 Annexation Additional residential property and'Comii on Area'inay be annexed to the Properties with the consent of two-thirds(2/3rds)of the members: For purposes:of this declaration,annexation shall not mean any additional Lots created from the properties by..short plat or otherwise' :" IN WITNE WHEREOF,the undersigned,being the Declarant herein,lies hcreunto:.set its ltand.iand seal ..f7 this day of , N'\TKFR ,2000 c:: o LABK&DOR VI NTUI S,•ILC• - --- By e- . .c--' Brad . .• ;H esGeneral M.:- ger • a-' Declarant cv r: ) ..`,: STATE OF: t2iw iC. .::....:'' )'ss COUNTY OF.A ilERCE. =j • I certify that I know ci'r have satisfactory evittetice that Bradley K Hughes is the person who appeared before me, and said person acknowledged'that he signed this instrument, on oath stated that he was authorized to execute the instrument'and acknowledged it as the General Manager of Labrador Ventures,LLC to be the free and voluntary act of such party`for.,t.eiises:and purposes inentiuned :•the instrument DATED this c7g day of ,Pe c'ew bc& ; ...,2000 JOHN NORM '_':.�..).'b 11 0 o4'r i:,5::.: .. (Name) I r% Qanitttkket/1274TD •,� Nolan"RAC_Calf:ariia NOT Y.•PUBLIOn a:xt:for th¢State Of ;:• `.' w; I kb County (411 }residg ua at;' p {.,+'::: `fCS-z.4-:',.. A�fOzn LE IAup21,ZXi41 My Commission Expires i512:i../QF .. G UAWTYPEICOWIKAGMTCLOVERCREEK-CCRS DOC -9- 12/27 • (a) Action taken by Declarant to develop the Property in accordance with the Development Plan, .(b) The construction of any attached home building,including townhouses,or (c) Minor development activity (including clearing and landscaping, etc) on any Lot upon.which attached dwelling buildings may be built under the Development Plan • :'7 3 #'rocedure for• Approval/ Any.person wishing to take any of the actions described above shall submit to the ACC.two(Z)setts of plans and specifications showing :•(a) The size arid�ifuneisuon Of*improvements, (b) The»exterior desig,ii, (c) The exterior cblorschetiie, (d) `The enact Iocatton of the'improvement on the Lot, (e) The looation,of driveways and patdcing areas, (f) The scheme forarainage and,grading,: (g) The proposed landscaping,and>` cc. o `:(h) Proposed outdoor lighting 1 oxa Approval of such plazas and specifications shall be evidenced by written notation On-such plans and.specifications, ca one(1);iopy of Which shall be delivered to the owner of the Lot upon which tlie•propped action is to be taken The - ACC shall net be responsible for Any structural defects in such plans or specifications or in any budding or structure erected accordingto such plans and'•specifications The ACC shall make its decision'within 30 business days from the date the.conm'pleted:plans and specifications are submitted r C] `_4 7:4. .Criteria foy Approva( Approval of plans and specifications may be withheld or conditioned if the proposed action is at variance with these.covenants, other covenants covering the Property, or design guidelines adopted by the ACC .-..Approval may also be..withhbld or conditioned if, in the opinion of the ACC,the proposed action will be detrimental to the cQinpiunity'because;of thi'e�•gradmg and drainage plan,location of the Improvement on.the Lot, color scheme,.:finisll.�itlesign,proportionsize of home, shape,height, style, materials,outdoor lighting proposed,or landscaping plan' 7 5 Conformity With Anproved'1 tans' Itshall:be the responsibility of the ACC to determine that actions have been completed in accordance with the plans as Jubmitted andapproved .Such determination must be made within sixty(60)days of the completion Ogle ectioli If ihe:ACC'shall determine that the action does not comply with the plans and specifications as approved,it shall notifythe owner•within that.sixty(60)day period,and the Owner,within such time as the ACC shall specify,,bdt•not,Iess than;thirty(30)days,stall either remove or alter the improvement or take such other steps as the ACC shatl designate ARTICLE VIIi;. • GENERAL PROVISIONS'••••• GWrYPE1COVAHIAGMi CLOYERCREEK-CCRS DOC _8_ .A :'12/274, • EXHIBIT A Legal Descnppon PARCEL'�I The northi 23:12'feet as measured'at'fight angles to the north line of Tract 30 and All of Tract P.1, I ldot Acres, accdrdmg:to the plat.thereof recorded in Volume 11 of Plats, page 86, in King County,Washington. ,- PARCEL 2 The west 100.00.f"det as measured at nghf angles to the west line of Tract 30, Eldon Acres, according to the plat thereof recorded ins`-volume•.,4 of PIats,i,page 86, m King county, Washington, EXCEPT the north 123.12 feet:ass measured:4:right..angles to tlibl orth line of said Tract 30, according to the plat thereof recorded: in:`Volume 1t.of Plats,.,page 86, in King County, Washington • PARCEL 3., tz That portion of..Government Lot 1, lying within the north 20,;feet of_the west 1 04 .7 feet of Q Section:5',Tc.iivnship 23 North,Range 5 East,W.M.,in Kurg County: Washmgtori; '` c' EXCEPT those portions whose interests were quieted under King County Superior'Court Cause No 92-2-24469=1. PARCEE.4.••. cp That ptirtio,0,.of Government Lot 1,,Settion 5,Township 23 North, Range 5 East, W M., m King . County,Washington,describe i as follows'::. Beginning at a point,where the easterly.;line'of:Hilmnan Boulevard as shown on the plat of Hillman's Lake Washington :Garden of Eden Addition.to Seattle No 1, according to the plat thereof recorded in Volume'•'.11 'of``Plats,,,page 63, 4.,Clog County, Washington, extended, intersects the north line of said Secttor}.'' -" thence south 89 degrees west aloiig"Elie north lin&of said:'Secti6n,`108 8 feet to the true point of beginning; thence south 391.4 feet to the nortliline of Eldon•Acres, according to the plat thereof recorded in Volume 11 of Plats;page 86;:in..t(itig County„Washington; thence south 89 degrees west, 112.5 feet,thence north 391.4 feet;thence.;east 1:12.5`feet:io ttie"pomtf beginning, EXCEPT the north 30 feet thereof lying within the County Road; EXCEPT any portion thereof lying within that certaui''tract of land as deeded to Paul A Lapp by Warranty Deed recorded under Recording Number 2882752.. G%L WTYPEICO MIMGMTICLOVERCREEKCCRS OOC -10- 12lfl O Exhibit"A"(continued) PARCELS: ....•.:. leginning 1040.5 feet::east and 306 feet south of the northwest corner of Government Lot 1, Section 5,/township 23 North,Range.. East,W M, in King County,Washington, thence south 85 4 feet,more or,:less,to the north line of the plat of EIdon Acres, according to the plat thereof.reeorded in.Voltiute 11 of Plats,..page 86,in King County,Washington; thence along said:plat line:south 89:degrees west,:425 feet, more or less, to the angle corner of said Plat;'" .::.,.:: ,: , :::':' ;-:;? thence along said plat line south 45 sdegrees west,:.356 feet, more or less, to the easterly line of Lake Washington�Bouilevard; :' ,f' ;' �`. thence northwesterly along said Boulevaird�llnie,75 feet, more or less, to a point on a line which is parallel with and 75 feet:northwesterly from said;plil'l ne; '.. thence north 45 degrees east, 41.0 fee#, more;/Sr:�less to a point winch is south 89 degrees west from the true point of beginning;',..... ' thence north 89 degrees east,456 feet,more.�'or;�less,to the:point�of.beginning, EXCEPT that,portion lying easterly of the'following described line. ;.'"""'•-.... g--- Beginning`at a point 30 feet south and north''89 degree •east . .5 8 "'feet from the northwest Z corner of�Sectign 5,Township 23 North,Range 5 East,W M.,in,King County,.:Washington; thence south;to-`=intersect with the north line of the plat`''of Eldon Acres, ac eordmg to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington.and the terminus c' of said line: cy ALSO K TOWN AS,.1_of 3,City of Renton Lot Line Adjustment Numbet`0Q9-85,recorded under cz; Recording Number.8602.1.39002 c„ PARCEL•6'` That portion of Government of 1 'secfiion 5,:Township 23 North, Range 5 East, W M, in King County,Washington,described as'follows Beginning at a point where the..easterly hue of;HItllinan's'Boulevard(104th Avenue Southeast), as shown on the plat of Hillman's'°take'Washington Garden of Eden Addition to Seattle No 1, according to the plat thereof recorded: in Volume:.11: of..Plats,Plats, ';page 63, in King County, Washington,extended could mtersect the:north line,of said Section 5','" thence running along said north line,north 89 degrees 03 minutes 45•seconds west, 168 8 feet; thence south 98 0 feet to the centerline of an existing.:streatn and the true ppint.of beginning, thence continuing south 293.67 feet to the north line-of, ldon.Acres Tract§,:' 0 Y.AWrYPSCOMMGMTCLOVERCREEK-CCAS DOC -11- 1 2/27 Exhibit"A"(continued) ,;:.thence,:so• h 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet, thence north 20.9 feet to the centerline of said stream, thence northwesterly following centerline 194 feet,more or.less,to the true point of beginning; ::'EXCEPT ally portion-thereof lying easterly of the following described line Beginning at.a point.on the:nor•th line of Section 5, Township 23 North,Range 5 East, W.M., in I ,g County,Washington,where the.easterly:iine of Hillman Boulevard, as shown on the plat of Hillman's Lake Washington arden:of den Addition to Seattle No. 1, according to the plat thereof recorded in.Volutne 14 of•.:Hats, page.:,63 in'-King County, Washington, would intersect the north line of said Section 5(the bearing'of said north line being north 89 degrees 03 minutes 45 seconds West,KiniCotinty King County Aenal Survey Meridian); thence south 1 degree 02.:minutes 5S seconds west, a distance of 184.8 feet, more or less to the centerline of creek, said point the:north end of the-line between Marenakos and Stride, thence continuing south 1 degree..:02 Minutes 55 seconds west, a distance of 206 95 feet,more or less,to the north line of Eldon Acres nd:the south cud'.o f line between Marenakos and Stride PARCEL 7 — That portion of Government Lot 1, Section 5,Township 2)•North, Range ':East, N :M 'in King County,Washington,described as follows: c Beginning a point 30 feet south and 30 feet east of the northwest corner of said at Section 5; `x' thence north 89::degrees east, 554.5 feet to the true point of::.begitnung of the tract herein c' described, thence south•89 degrees west,'254.5 feet; thence south 20 degrees east,24.1 5 feet; thence-south 40°'degrees east, 160 feet,:.,.: �" thence nortif 45 degrees.east;. 1.0$ feet,:nnore or less, to a point south of the true point of beginning, •: V' thence north 89 degrees east,2U8 feet; thence north 276 feet;^,—•="' thence south 89 degrees west,:�22&:feet,to the"true.point of beginning, EXCEPT the following described tract.;: Beginning at a point 30 feet south and 30 feet'east of:the:northwest corner of said section 5, thence north 89 degrees east, 554.5 feet to.the true.:point-o f beginning of the tract herein described; thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240 5 feet, thence south 40 degrees east, 160 feet, 0ILAWTYPElCO1NMMAGM11CLOVERCREEK.CCR3 DOC -12- •..12r20:0 Exhibit"A"(continued) • thence north 45:. degrees east, 108 feet, more or less, to a point south of the true point of bEgitining;,. thence Borth to the true.point of beginning. ALSO KNOWNT`AS Lot 2, City..ofRenton Lot Line Adjustment Number 009-85, recorded under Recording Number 86011390)2 ' <` PARCEL-8 Beginning at a point,30 feet south and north 89.:degrees east, 812.5 feet from the northwest corner of Section 5,Township.23 Noith,Itai6 5,east,W.M.,in King County, Washington, thence south 276 feet; thence north 89 degrees east,'228 feet thence north 276 feet; thence south 89 degrees west,228 feet to.beginning, TOGETHER`WITH the following described parcel:'"''''':-.:.. ` 1--. Beginning 1040 5 feet east and 306 feet south of the northwesv'corner"of Gover uncut Lot 1, Section 5,Township 23 North,Range 5 East,W M.,in King County,Was_hington;'. thence.iouth85.4 feet,more or Iess,to the north line of the plat of Eldon Acres,.according to the • plat thereof recorded iti Volume 11 of Plate,page 86, in King Countyr.Washington,;: c" thence along said plat line•sou th 89 degrees west,425 feet, more or lees, to the, angle corner of said Plat;`:::. ..:' :'` - thence along said::plat lmel:South 45 degrees west, 356 feet,more or less,to t ie easterly line of ` Lake Vshington Boulevard; ; • thence northViiesterly along'said Boulevard.line, 75 feet, more or less, to a point on a line which c� is parallel with and 75`feet northwesterly from said plat line; thence north 45 degrees ea10 feet,.norc st 4 ot`less, to a point which is south 89 degrees west from the point of beginning, thence north 89 degrees east,456 feet,more or less,tottie:point of beginning; EXCEPTING therefrom that portion lying Westerly of the.following described line. Beginning at a point 30 feet south and nortlt::89.degrees east, 812:5 Icet from the northwest corner of Section 5,Township 23 North,Range:5 East,lirci M iii King'County, Washington, thence south to intersect with the north line''0f the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86,.iii ling:tounty,.:Washington•and::the terminus of said Line G\AWfYPEICOWIMAGMTICLOVERCREEK-CCRSDOC -13_ '12/21100 - Exhibit"A"(continued) ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PAR -EL That portion:of Go. erntnent Lot 1, Section,.5,,.:Township 23 North,Range 5 Past, W.M, in King County;.Washington,described as follows: Beginning at the mtersection of:;the,easterlyline::of'Hillman Boulevard as shown on the plat of Hillman's Lake'Washington C3arden:of Eden'Addition to Seattle No 1, according to the plat thereof recorded in VoluEne 1:1 of Flats.,page 63, in King County, Washington, with the north line of said Section 5, thence west along the north lme.of said Section,:168 8 feet:;to the true point of beginning of the tract herein described; thence east along said north line,6.u'feet, , thence south to the centerline of creek;thence westerly along said centerline to a port south of �, the true point of:;beginning, . . W thence north to tl 64.;rue point of beginning, a EXCEPTING.1he north 30 feet thereof for road. ` "' PARCEL 1 ' That`portion ofthe northwest quarter of the northwest quarter of Sectikon 5, Township 23 North, Range 5tast`W M,.iii King County,Washington,described as follows:.: C•4 Beginninga;p atpoint 34leet south and,,30 feet east of the northwest corner of said Section 5; thence nori'89 degrees east, 5:545 feet to.the true point of beginning described; thence south 89 degreess.*est,254,5 feet; thence south 20 degrees east;240 5,.'I'eet, thence south 40 degrees..east,:i 60..feet, thence north 45. degrees east, 1`g....feet, more:or 16ss;::to a point south of the true point of beginning,thence north to the true point•ofbeginning. PARCEL 11 The south 10 feet of the north 30 feet of the•.east 554.5:`feet'of the west 5843 feet of Government Lot 1,Section 5,Township 23 North,Range 5 East,W M.:',in King Washington G 1LANRYPEICOIMHUGMTCLOVERCREEK-CCRS DOC ,14- 12121?00 Exhibit"A"(continued) • PAJtCEL.42 Thai portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W M , in King County,Washington,-described as follows fleginning af the intersection;o€the easterly margin of Hillman's Boulevard "104t Avenue •Southeast",_as,shown o n the plat of Hrllmati',s,.Lake Washington Garden of Eden Addition to the City of Seattle NO. 1,,according to the.plit thereof recorded in Volume II of Plats, page 63, in King County,.Washington,pOlongaiedkutheilxiiiith the north line of said Section 5, thence west along said north line 25'feet to the true point of beginning or this description, thence west 83:80,.feet, thencel'south'at righV'angles to the north line of said Section 5 to the centerline of a stream,said centerline being the north line of a tract of land conveyed to James L Marenakos and Georgia Marenakos, :•his wife, by-deed recorded°:under Recording Number 5109221; :: • ::` thence easterly along said centerline:to a`point;south•'of;:the Irupc!..iiittrue of beginning, as measured at right angles to the north line of said Section S; thence north to the true point of beginning; La EXCEPT the north 20 feet thereof en 0 PARCE113 a The east 108 8 feet of the following described Parcel `� The°north 30 feet Qf that-:,portion of the northwest quarter of Section 5, Township 23 North, �, Range 5..`:East,W.M,••iii King�County, Washington, lying westerly of ttte southerly extension of c-, the:easterly marginI`of Hillman's Boulevard (104th Avenue Southeast) and'`lying easterly of the easterly.:margin°eof:Neal Turner;koad;,,, EXCEPT the south 10.:feetof the..east 1.08:.8 feet thereof; ALSO EXCEPT that portion thereof lying'within the north 20 feet of the west 1042.7 feet of said Section, TOGETHER WITH an easement fox.ingress, egreso and utilities over the following descnbed parcel. The north 30 feet of that portion of the northwest.quarter of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington,:lying westerly of the.southerly extension of the easterly margin of Hillman's Boulevard"(104,:*Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110.8 feet thereof; : :'` EXCEPT that portion lying within the north 20 feet of the west 1042 7 fief of said::Section,:.. ALSO EXCEPT that portion lying within the south 10 feet of.the vest.5S44 5 feet of said:Sectign. G L&V YPEtCOVAMAGMTCLOVERCREEKCCRS OOC '1 5- 12J2Y/00 e Exhibit"A"(continued) PARCEL :T4-''•••.;. • „The'north 30 feet of_that portion of the northwest quarter of Section 5, Township 23 North, Range Past, W.M., in King County Washington, lying westerly of the southerly extension of the easterly margin of HillmailV Boulevard (104th Avenue S E.) and lying easterly of the easterly margin::of Neal Turner Road, •' EXCEPT the east X'10 8'feet thereof;' ALSO EXCEPT that`portion,lying*AIM the'north 20 feet of the west 1,042 7 feet of said Section, ' ALSO EXCEPT that.portion lying within the'soirth.10 feet of the west 554.5 feet of said Section PARCEL 15 Beginning at a point on the easterly line,of the Neal..Tutner County'load at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5, Township 23 North,Range 5 East,W.M.,in King Comity Washington, thence north.:89,degrees east 300 feet; WU thence south 20 degrees east 240 5 feet; �:.? thence south 40..degrees east 160 feet,more or less,`td"a point on a.�line w11i'ich is:`parallel�with and co, 75 feet northwesterly from the northwesterly line of the plat Qf Eldon.:Acres, according`to the plat thereof recorded in Volume 11 of Plats,page 86,records of said County(' c� thence'on said paiallel line south 45 degrees west to the northeast line •of Lake Shore Boulevard, • • thence norihwesterly)along:said boulevard line 280 feet, more or less,;to the,:easteily line of the Neal Turner county Road, :. thence northerly along satdload:line to beginning. PARCEL 1'6 • That portion of the:.niorthwest.quarter of.Sectign'5,Township 23 North, Range 3 East, W M, m King County, Washington,described as follows Beginning at a point on the`north line-of said Section.5:`where the easterly line of Hillman Boulevard as shown upon the Plat of liginali's Lake,Washington..parden of Eden Addition to Seattle No. 1, according to the plat thereof recorded.:2in:volume 11';of Plats, page 63, in King County, Washington,extended,would mtgrsect,the north line"of:said Section 5; thence south 391.40 feet,more or less,to the southline of:•the land.conveyed by Fred W Rarey and Helen Rarey, his wife, by deed dated June•.:1, 1917 recorded ii Volume-11.2.9 of Deeds, Page 152,under King County Recording No. 14695221.,.records of•said cot it_ty, thence east 195.50 feet, more or less, to the westerly line the right of way of t1 e;Coluimbia and Puget Sound Railroad Company, G LLAWTYPEICOIMMAGMTICLOVERCREEK-CCRS DOC -16- 122�7 Exhibit"A"(continued) thence northeasterly along the westerly line of said right of way,to the north line of said Section ;? thence west along the.north line of said section to the point of beginning; EXCEPT,that::portion thereof lying.north of the south line of the creek; AND EXCEPTroads,:. ALSO;the:iwest 30 feet of ttii east 1. 0feet(as measured along the north line of said section)of that portion of the..tract hereinabove escrlbetl lying north of south line of said section of that cm portion of the tract hereinabOve described lying of the south line of the creek; m EXCEPT'that portion. of the: northeast quarter.of the northwest quarter of said Section 5 conveyed to the Estate,of Mary P' Aug'under King County Recording No 8508280811 in settlement of King County Superior Court,Cause No-•"85.2-00294-:6 more particularly described as follows: Commencing at the intersection of the northwesterly margin of;the abandoned Pacific Coast `" Railroad Company's New Castle Branch +ith the north line of said SectiOn�5, thence north 89°03'45"west along said north:;line.'1'2t:00 feet to the�truepoii of beginning, thence continuing north 89°03'45"west 17 92..feqto,,an existing fen(.. thence south Q1°12' :Ole 40" west along said 103 21 feet to e northerly margin.of said.. bandoned r railroad;said point being on a curve to the center of whiarltears south 41°04rleeast, thence.northeasterly along said margin on a curve to the nght°'having a. radius of•'934 904 feet for a distance of 25.26 feet, •..... thence north 08°33'45'•'••east::86.57 feet to the true point of beginning,`,,:,:. O C. C. C t= C` ,.l G uwwr'PE CO M MGN'CLOVERCREEX CCRS DOG -17- 12/2V . Y 4 fc CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: January 8, 2001 TO: Carrie Olson-Davis Cc: Arneta Henninger FROM: Suzann Lombard x6521 SUBJECT: Clover Creek Final Plat—LUA-00-065 Mylar Rec#200108000666 Declarations of Covenants, Conditions, & Restrictions Rec#20010108000667 The attached original mylar has been recorded with King County and is being returned to you. Please forward copies to parties of interest, and retain a copy for your file. Carrie, apparently this mylar was handed back to the developer when he received a call advising him to pay taxes before recording. We know the CC&Rs recording number only because it was placed on page 2 of the mylar,but we do not have that recorded document back yet. No copy of the mylar was delivered to us for the land use file,which is already in the City Clerk system. I have added the recording numbers to the card index,however. Thank you. Enclosures: (1) 7 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 20,2000 TO: Gregg Zimmerman,Administrator FROM: Arneta Henninger X7298 ,14 SUBJECT: CLOVER CREEK I FINAL PLAT LUA 00-065 LAKE WASHINGTON BL N AND N 27TH PL The attached mylar is submitted for your review and signature. Technical Services has reviewed and recommended approval for the plat. All fees have been paid. The yellow file is attached for your use. If you have any questions please call me. Thank you. cc: Kayren K. 1 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM , • DATE: 12/20/00 TO: Carrie FROM: Arneta H.X7298 A 444 SUBJECT: CLOVER CREEK WRS2820 • LUA 00-065 C990372 Attached please find for the above project(aka Labrador Plat): • Final Cost Data Inventory • Bill of Sale • Purple Form • AsBuilt mylars Thank you. cc: Kayren Documentnajh December 4,2000 Renton City Council Minutes Page 429 designation or a new designation be established through zoning or the Comprehensive Plan review process. The Committee further found that the application is timely and meets the following review criteria set forth in the City Code,Title IV, Section 4-9-020G: 1. The request supports the vision embodied in the Comprehensive Plan; and 2. The request supports the adopted Business Plan Goals adopted by the City Council. The Committee recommended that the application be forwarded to the Planning Commission upon receipt of a complete formal application. Councilmember Keolker-Wheeler explained that this is the new process for Comprehensive Plan Amendments, and that this process siniply refers the matter on to staff and the Planning Commission to review the Renton Village Property proposal. There will be sufficient opportunity at a later date for public input. A prior development plan at this site a number of years ago was abandoned by the applicant. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: • RESOLUTIONS Resolution#3479 �A resolution was read approving the Clover Creek Final Plat; 15.52 acres Plat: Clover Creek,Lake located in the vicinity of Lake Washington Blvd.N. and N. 27th Pl. (FP-00- Washington Blvd N&N 27th 065). MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL P1 EIL02.-.2.6..5.1 ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3480 City Attorney Larry Warren stated that since Councilmember Briere had Plat:Briere Creek Division I, already excused herself on the motion to advance this resolution„she did not NE 18th St&Elma Ave NE need to leave Chambers as long as she does not vote. (FP-00-140) A resolution was read approving the Briere Creek Division I Final Plat; 2.28 • acres located in the vicinity of NE 18th St. and Elma Ave.NE. (FP-00-140) MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3481 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Commute Trip interlocal agreement with the Washington State Department of Transportation Reduction Program Funds, for Commute Trip Reduction funding. MOVED BY CLAWSON, SECONDED WSDOT BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 12/11/00 for second and final reading: Rezone: Gene Coulon Park An ordinance was read changing the zoning classification of Gene Coulon from P-1 to R-1 (R-00-057) Park, approximately 55.33 acres located at 1323 Lake Washington Blvd.,from P-1 (Public Use)to R-1 (Residential Single Family; one dwelling unit per acre) zone. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/11/2000. CARRIED. Utility: Stormwater& An ordinance was read amending Sections 8-2-2.G and 8-2-3.E.1 of Chapter 2, Wastewater Rates Storm and Surface Water Drainage, and Section 8-5-15.D of Chapter 5, Sewers, of Title VIII(Health and Sanitation) of City Code by revising stormwater and wastewater utility rates. MOVED BY CLAWSON, SECONDED BY December 4,2000 Renton City Council Minutes Page 426 Wells.Ave.N.,Renton, 98055; and Nancy Hoben, 17434 128th Ave. SE, Renton;98058,each to the Municipal Arts Commission for a three-year term expiring 12/31/2003. Council concur. Appointment: Board of Ethics Mayor Tanner reappointed Karla Fredericksen, 3005 Park Ave.N.,Renton, 98056, to the Board of Ethics for a four-year term expiring 01/01/2005. Council concur. • • Appointment: Planning Mayor Tanner reappointed Beverly Franklin, 537 Williams Ave.NE,Renton, Commission 98055,to the Planning Commission for a three-year term expiring 01/31/2004. Council concur. Appointment: Planning Mayor Tanner appointed Ray Giometti, 323 Pelly Ave.N.,,Renton, 98055,to Commission the Planning Commission to fill the vacancy created by Jeff Lukins' resignation; term to expire 01/31/2001. Refer to Community Services Committee. CAG: 99-077,Highlands Community Services Department submitted CAG-99-077,Highlands Neighborhood Center Neighborhood Center Reconstruction; and recommended approval of the Reconstruction,CHY4 project, authorization for final pay estimate in the amount of$3,788.14, commencement of 60-day lien period, and release of retained amount of $43,770.98 to CHY4, Inc., contractor, if all required releases are obtained. Council concur. Development Services: Boeing Development Services Division requested approval of a development Development Agreement for agreement with Boeing to establish applicable development regulations, Longacres Office Park Project including a vesting framework and other restrictions, for the Boeing Longacres Office Park development project. Refer to Planning&Development Committee; set public hearing on 12/18/2000. Development Services: Development Services Division recommended acceptance of a deed of Bronson Short Plat,Dedication dedication for additional right-of-way for the extension of Bronson Pl.NE for of ROW for Bronson PINE, public road use to fulfill a requirement of the Bronson Short Plat(SHP-99- SHP-99-016 016). Council concur. Plat: Clover Creek, Lake Development Services Division recommended approval of the Clover Creek Washington Blvd N&N 27th Final Nat(FP-00-065); 51 single family lots on 15.52 acres located in the Pl (FP-00-065) vicinity of Lake Washington Blvd.N. and N. 27th Pl. Council concur. (See page for 429 resolution.) Plat: Briere Creek Division I, Development Services Division recommended approval of the Briere Creek NE 18th St&Elma Ave NE Division I Final Plat(FP-00-140); 12 single family lots on 2.28 acres located in (FP-00-140) • the vicinity of NE 18th St. and Elma Ave.NE. Council concur. (This item, 8.j, pulled from Consent Agenda and considered separately; see page 423. Also see page 429 for resolution.) Parks: Maplewood Golf Finance&Information Services Department recommended approval of an Course Greens Fees Increase ordinance increasing the greens fees at Maplewood Golf Course. Refer to Finance Committee. Finance: 2001 Property Tax Finance&Information Services Department recommended approval of three Levy Ordinances ordinances, one of which establishes the property tax levy for 2001 for general and voter approved levies, and the other two protect future levy limits. Refer to Finance Committee. Rezone: Gene Coulon Park Hearing Examiner recommended approval of a City-sponsored rezone of Gene from P-I to R-1 (R-00-057) Coulon Park located at 1323 Lake Washington Blvd. from P-1 (Public Use)to R-1 (Residential Single Family; one dwelling unit acre) zone. Council concur. (See page for 429 ordinance.) CITY OF RENTON COUNCIL AGENDA BILL AI#: $ .� Submitting Data: Planning/Building/Public Works For Agenda of: Dept.iDiviBoard.. Development Services Division December 4, 2000 Staff Contact Arneta Henninger x7298 Agenda Status Consent X Subject: Public Hearing... CLOVER CREEK FINAL PLAT (Labrador Preliminary Plat). Correspondence.. File No. LUA 00-065FP (LUA 98-141PP) Ordinance 15.52 acres located in the vicinity of Lake Washington Blvd N Resolution X and N 27th P1 Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and recommendation Information Recommended Action: Approvals: Legal Dept X Council concur with staff recommendation and adopt the Finance Dept resolution. Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 15.52 acres into 51 single family residential lots. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. All fees shall be paid prior to the recording of the plat. STAFF RECOMMENDATION: Approve the Clover Creek Final Plat, LUA 00-065FP, with the following conditions and adopt the resolution. 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All plat fees shall be paid prior to the recording of the plat. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Labrador Land Company LLC Clover Creek Final Plat (previously called Labrador) File: LUA 00-065FP LOCATION: Lake Washington Blvd N and N 27th P1 Section 5,Twp.23 N.Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 51 single family residential lots with water, sewer, storm, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record documents in this matter,staff now makes and enters the following: FINDINGS: 1. The applicant,Labrador Land Company LLC,filed a request for approval of a 51 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on January 11, 1999 for the subject proposal. This DNS was appealed on January 17, 1999. The appeal was denied on March 4, 1999, by the Hearing Examiner and.ERC's Determination was reaffirmed with one additional mitigation measure. 4. The subject site is located at Lake Washington Blvd N and N 27th P1. The subject site is located on the east side of Lake Washington Blvd N. The new plat is located in Section 5,Twp.23 N. Rng. 5 E. 5. The subject site is a 15.52 acre parcel. 6. The Preliminary Plat was approved on June 7, 1999,by the City of Renton Council. 7. The site has a R-1 and R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404 enacted in June 1993. 8. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 9. The subject Final Plat was reviewed by all departments with an interest in the matter. 9. The subject Final Plat was reviewed by all departments with an interest in the matter. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1) a) The applicant followed the recommendations of the Geotechnical Report and its amendments as prepared for the subject parcel by Terra&Associates. b) The applicant engaged Terra&Associates,Geotechnical Engineer during the construction of the plat improvements. c) The applicant identified and performed all site clearing work to the satisfaction of the Public Works inspector. d) The applicant limited site work to the satisfaction of the Public Works inspector. e-g) The applicant designated staging areas for temporary stockpiles to the satisfaction of the Public Works inspector. The applicant provided temporary and permanent cover for cut slopes during periods of inactivity. h-m) The applicant provided stabilized construction entrances, installed a silt fence along the down slope perimeter of areas to be disturbed. Erosion control facilities were incorporated into the design and included throughout the construction phase all per the King County Surface Water Design Manual and to the satisfaction of the Public Works inspector. 2) a) The applicant stated that there was no clearing or disturbance along any portion of the ravine slopes. b) The applicant submitted and installed a street lighting design that minimized the glare on the ravine and wetland areas. 3) a) The Transportation Mitigation Fee will be paid prior to recording the plat. b) The applicant designed and installed the entrance road at Burnett Av N to meet AASHTO requirements. c) The applicant designed and installed the street improvements in such a manner that does not reduce the available sight distance to the south of the new intersection. d) A stop sign was installed per the approved plans. 4) a) The Fire Mitigation Fee will be paid prior to recording the plat. b) The project engineer reported that widening for N 26th St was not necessary since the existing pavement width exceeds the minimum 20' pavement. This will be verified prior to recording of the plat. 5) The Parks Mitigation Fee will be paid prior to recording the plat. 6) A note was added on the face of the plat for the protection of the eagle perch tree as it related to the drip line and footprints of the lots per the State's Wildlife and Fisheries Department suggested language. 7) A note was added on the face of the plat to protect and retain fifty percent of the fir trees on the referenced lot. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) Applicant complied with the above noted ERC conditions. 2) The applicant revised the plat to meet the R-1 zone. 3) The applicant demonstrated during design of the plat improvements that the building areas for those lots south of the cul-de-sac and adjacent to the ravine are provided. 4) The final plat drawing shows the restrictive covenant. 5) A homeowners association was created for the maintenance and repair of any common plat property or improvements. LABRADFP.DOC/ 2 6) A Native Growth Protection Easement(NGPE)is shown on the face of the plat for both Tracts A and B. 7) The requirement for a third party Geotechnical consultant to verify slope information is no longer required per the final Council decision on the preliminary plat. 8) The access issues related to any pipe-stem lots were resolved during the design of the plat improvements. 9) The bridge was designed and constructed for this plat hence this item which refers to emergency access improvements is no longer applicable. 10) This recommendation also discussed access issues if the bridge was not constructed. The bridge was designed and constructed for this plat hence this item is no long applicable. 11) The applicant appealed the condition that the bridge be an open girder. The Council Committee reversed the condition to allow other designs for the bridge. 12) The applicant shall remain responsible for maintaining all disturbed and restored areas. This will be accomplished by posting a five year maintenance bond prior to recording the plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat fees shall be paid prior to the recording of the plat. 2) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 10TH DAY OF AUGUST,2000 kz,v_teA" DEVELOPMENT SERVICES DIVISION LABRADFP.DOC/ 3 S, [:::1 _ .10 r ���'��O 71lG�� A IfF N _ _. o 4S. ,1 _ _ _____ , ,• Z 4. /N --.. ..----- ,-, . -- )01.CO 0,'•` 4111, •. iZ---:: . >III°1°. 4 c i 4r 4 ,-- T-,________ ,___ - y PARK AVE. N. 4„1 • — HnreK A I h — I6.........,....................'-r- . -b Z pm / z . cb • R r' Bil �I �ADO�A�. N. IIIII • / 405 • I I Ip • ✓ONES AVE: N. • LEGAL DESCRIPTIONS PARCEL 1 The north 123.12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 2 The west 100.00 feet as measured at right angles to the west line of Tract 30,Eldon Acres,according to the • plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington. PARCEL 3 That portion of Government Lot 1,lying within the north 20 feet of the west 1042.7 feet of Section 5, Township 23 North,Range 5 East,W.M,in King County,Washington;EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. PARCEL 4 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded.in Volume 11 of Plats,page 63,in King County, Washington,extended,intersects the north line of said Section;thence south 89 degrees west along the north line of said Section, 168.8 feet to the true point of beginning;thence south 391.4 feet to the north line of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats, page 86,in King County,Washington;thence south 89 degrees west, 112.5 feet;thence north 391.4 feet;thence east 112.5 feet to the point of beginning;EXCEPT the north 30 feet thereof lying within the County Road;EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A.Lapp by Warranty Deed recorded under Recording Number 2882752. PARCEL 5 Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North,Range 5 East,W.M,in King County,Washington;thence south 85.4 feet, more or less, to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats, page 86,in King County,Washington;thence along said plat line south 89 degrees west,425 feet,more or less,to the angle corner of said Plat;thence along said plat line south 45 degrees west, 356 feet, more or less, to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east,410 feet,more or less,to a point which is south 89 degrees west from the true point of beginning;thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPT that portion lying easterly of the following described line:Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 Fast,W.M.,in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington and the terminus of said line.ALSO KNOWN AS Lot 3,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 6 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman's Boulevard(104th Avenue Southeast),as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington, extended could intersect the north line of said Section 5;thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168.8 feet;thence south 98.0 feet to the centerline of an existing stream and the true point of beginning; thence continuing south 293.67 feet to the north line of Eldon Acres Tracts;thence south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet;thence north 205.9 feet to the centerline of said . stream;thence northwesterly following centerline 194 feet, more or less,to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,where the easterly line of Hillman Boulevard,as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west,King County Aerial Survey Meridian); thence south I degree 02 minutes 55 seconds west,a distance of 184.8 feet, more or less to the centerline of creek,said point being the north end of the line between Marenakos and Stride;thence continuing south I degree 02 minutes 55 seconds west,a distance of 206.95 feet, more or less, to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington, described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west, 254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west, 228 feet to the true point of beginning;EXCEPT the following described tract:Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east, 554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240.5 feet; thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington;thence south 276 feet; thence north 89 degrees east,228 feet; thence north 276 feet;thence south 89 degrees west, 228 feet to beginning; TOGETHER WITH the following described parcel: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North,Range 5 East, W.M.,in King County, Washington;thence south 85.4 feet, more or less, to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington;thence along said plat line south 89 degrees west, 425 feet,more or less, to the angle corner of said Plat;thence along said plat line,south 45 degrees west, 356 feet, more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet, more • or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north PARCEL 8 (Continued) 45 degrees east 410 feet,more or less,to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86, in King County,Washington and the terminus of said line. ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East;W.M., in King County, Washington,described as follows: Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,with the north line of said Section 5;thence west along the north line of said Section, 168.8 feet to the true point of beginning of the tract herein described; thence east along said north line,60 feet;thence south to the centerline of creek;thence westerly along said centerline to a point south of the true point of beginning;thence north to the true point of beginning; EXCEPTING the north 30 feet thereof for road. PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east, 554.5 feet to the true point of beginning described; thence south 89 degrees west, 254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet,more or less,to a point south of the true point of beginning;thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 feet of Government Lot 1, Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington. PARCEL 12 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly margin of Hillman's Boulevard"104th Avenue Southeast",as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington, prolongated southerly with the north line of said Section 5;thence west along said north line,25 feet to the true point of beginning of this description;thence west 83.80 feet;thence south at right angles to the north line of said Section 5 to the centerline of a stream, said centerline being the north line of a tract of land conveyed to James L.Marenakos and Georgia Marenakos,his wife,by deed recorded under Recording Number 5109221;thence easterly along said centerline to a point south of the true point of beginning,as measured at right angles to the north line of said Section 5;thence north to the true point of beginning; EXCEPT the north 20 feet thereof. • PARCEL 13 The east 108.8 feet of the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the south 10 feet of the east 108.8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section; TOGETHER WITH an easement for ingress,egress and utilities over the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M., in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110.8 feet thereof;EXCEPT that portion lying within the north 20 feet of the west 1042.7 • feet of said Section;ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1,042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south.and 30 feet east of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington;thence north 89 degrees east 300 feet;thence south 20 degrees east 240.5 feet; thence south 40 degrees east 160 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,records of said county;thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard;thence northwesterly along said boulevard line 280 feet, more or less,to the easterly line of the Neal Turner County Road;thence northerly along said road line to beginning. • .T� • PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washignton,described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended,would intersect the north line of said Section 5;thence south 391.40 feet,more or less,to the south line of the land conveyed by Fred W.Rarey and Helen Rarey,his wife,by deed dated June 1, 1917,recorded in Volume 1129 of Deeds,Page 152,under King County Recording No. 1469521,records of said county;thence east 195.50 feet,more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company;thence northeasterly along the westerly line of said right of way,to the north line of said Section 5;thence west along the north line of said section to the point of beginning;EXCEPT that portion thereof lying north of the south line of the creek;AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet (as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek;.EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6,more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Bratch with the north line of said Section 5;thence north 89°03'45"west along said north line 120.00 feet to the true point of beginning;thence continuing north 89°03'45"west 17.92 feet to an existing fence;thence south 01°12'40"west along said 103.21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 41°04'12" east;thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet;thence north 00°33'45" east 86.57 feet to the true point of beginning. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (CLOVER CREEK; FILE NO. 00-065). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has heretofore been duly approved by the Planning/Building/Public Works Department;and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: 1 • RESOLUTION NO. See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 15.52 acres, is located in the vicinity of Lake Washington Blvd. N. and N. 27th P1.) be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated August 10, 2000. PASSED BY THE CITY COUNCIL this day of ,2000. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 2000. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.807:08/14/00:ma • RESOLUTION NO. EXHIBIT A 3 • Exh.b;-f k" LEGAL DESCRIPTIONS PARCEL 1 The north 123.12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 2 The west 100.00 feet as measured at right angles to the west line of Tract 30,Eldon Acres.according to the • plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington. PARCEL 3 That portion of Government Lot 1,lying within the north 20 feet of the west 1042.7 feet of Section 5. Township 23 North,Range 5 East, W.M.,in King County,Washington;EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. PARCEL 4 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East, W.M.,in King County. Washington,described as follows: Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1.according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington,extended,intersects the north line of said Section;thence south 89 degrees west along the north line of said Section, 168.8 feet to the true point of beginning:thence south 391.4 feet to the north line of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86, in King County, Washington;thence south 89 degrees west, 112.5 feet:thence north 391.4 feet;thence east 112.5 feet to the point of beginning:EXCEPT the north 30 feet thereof lying within the County Road;EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed recorded under Recording Number 2882752. PARCEL 5 Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1. Section 5. Township 23 North,Range 5 East, W.M.,in King County. Washington;thence south 85.4 feet. more or less. to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats. page 86.in King County, Washington;thence along said plat line south 89 degrees west.425 feet.more or less,to the angle corner of said Plat;thence along said plat line south 45 degrees west. 356 feet. more or less. to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line.75 feet. more or less.to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east,410 feet,more or less,to a point which is south 89 degrees west from the true point of beginning: thence north 89 degrees east,456 feet, more or less, to the point of beginning:EXCEPT that portion lying easterly of the following described line:Beginning at a point 30 feet south and north 89 degrees east.812.5 feet from the northwest corner of Section 5,Township 23 North.Range 5 East. W.M..in King County, Washington;thence south to intersect with the north line of the plat of Eldon Acres.according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 3,City of Renton Lot Line Adjustment Number 009-85. recorded under Recording Number 8602139002. • PARCEL 6 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman's Boulevard(104th Avenue Southeast),as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington, extended could intersect the north line of said Section 5;thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168.8 feet;thence south 98.0 feet to the centerline of an existing stream and the true point of beginning: thence continuing south 293.67 feet to the north line of Eldon Acres Tracts;thence south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet;thence north 205.9 feet to the centerline of said . stream;thence northwesterly following centerline 194 feet, more or less.to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East. W.M., in King County. Washington.where the easterly line of Hillman Boulevard.as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63, in King County, Washington,would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west,King County Aerial Survey Meridian): thence south I degree 02 minutes 55 seconds west,a distance of 184.8 feet, more or less to the centerline of creek, said point being the north end of the line between Marenakos and Stride;thence continuing south I degree 02 minutes 55 seconds west,a distance of 206.95 feet, more or less,to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County. Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east. 554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west, 254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning:thence north 89 degrees east,228 feet; thence north 276 feet;thence south 89 degrees west, 228 feet to the true point of beginning;EXCEPT the following described tract:Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east. 554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west, 254.5 feet; thence south 20 degrees east.240.5 feet: thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. ALSO KNOWN AS Lot 2. City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east.812.5 feet from the northwest corner of Section 5.Township 23 North,Range 5 East. W.M.,in King County, Washington; thence south 276 feet: thence north 89 degrees east, 228 feet; thence north 276 feet;thence south 89 degrees west. 228 feet to beginning: TOGETHER WITH the following described parcel: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5. Township 23 North.Range 5 East, W.M.,in King County. Washington; thence south 85.4 feet. more or less. to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats.page 86, in King County. Washington;thence along said plat line south 89 degrees west.425 feet,more or less. to the angle corner of said Plat;thence along said plat line,south 45 degrees west, 356 feet,more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north PARCEL 8 (Continued) 45 degrees east 410 feet, more or less,to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86. in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 1,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East. W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats, page 63,in King County,Washington,with the north line of said Section 5;thence west along the north line of said Section, 168.8 feet to the true point of beginning of the tract herein described: thence east along said north line,60 feet;thence south to the centerline of creek;thence westerly along said centerline to a point south of the true point of beginning;thence north to the true point of beginning: EXCEPTING the north 30 feet thereof for road. PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5.Township 23 North.Range 5 East. W.M. in King County, Washington.described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east.554.5 feet to the true point of beginning described; thence south 89 degrees west.254.5 feet: thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet: thence north 45 degrees east. 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 feet of Government Lot 1. Section 5,Township 23 North,Range 5 East..W.M.,in King County, Washington. PARCEL 12 • That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East. W.M.,in King County. Washington.described as follows: Beginning at the intersection of the easterly margin of Hillman's Boulevard"104th Avenue Southeast".as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1. according to the plat thereof recorded in Volume 11 of Plats.page 63,in King County. Washington. prolongated southerly with the north line of said Section 5;thence west along said north line.25 feet to the true point of beginning of this description;thence west 83.80 feet:thence south at right angles to the north line of said Section 5 to the centerline of a stream said centerline being the north line of a tract of land conveyed to James L.Marenakos and Georgia Marenakos,his wife,by deed recorded under Recording Number 5109221;thence easterly along said centerline to a point south of the true point of beginning.as measured at right angles to the north line of said Section 5:thence north to the true point of beginning; I . EXCEPT the north 20 feet thereof. • • • PARCEL 13 , The east 108.8 feet of the following described parcel:The north 30 feet of that portion of the northwest • quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the south 10 feet of the east 108.8 feet thereof: ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section: TOGETHER WITH an easement for ingress,egress and utilities over the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North Range 5 East. W.M.. in King County. Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road: EXCEPT the east 110.8 feet thereof;EXCEPT that portion lying within the north 20 feet of the west 1042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5.Township 23 North.Range 5 East. W.M., in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Road: EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1,042.7 feet of said Section: ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5.Township 23 North,Range 5 East. W.M., in King County. Washington;thence north 89 degrees east 300 feet; thence south 20 degrees east 240.5 feet;thence south 40 degrees east 160 feet. more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats.page 86,records of said county;thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard;thence northwesterly along said boulevard line 280 feet. more or less.to the easterly line of the Neal Turner County Road; thence northerly along said road line to beginning. • PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washignton,described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended,would intersect the north line of said Section 5;thence south 391.40 feet,more or less,to the south line of the land conveyed by Fred W. Rarey and Helen Rarey,his wife,by deed dated June 1, 1917,recorded in Volume 1129 of Deeds,Page 152,under King County Recording No. 1469521,records of said county;thence east 195.50 feet, more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company;thence northeasterly along the westerly line of said right of way, to the north line of said Section 5;thence west along the north line of said section to the point of beginning:EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet (as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek;EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in'settlement of King County Superior Court Cause No. 85-2-00294-6,more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Bratch with the north line of said Section 5;thence north 89°03'45"west along said north line 120.00 feet to the true point of beginning;thence continuing north 89°03'45" west 17.92 feet to an existing fence; thence south 01°12'40"west along said 103.21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 41°04'12" east:thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet: thence north 00°33'45" east 86.57 feet to the true point of beginning. . 17 ] -- 4T.,000/ - - r a�1��� / 9 iciuiF A-VF' N %/ ' '"%'1/4 _ de 111*# • G/I-----1 # —...___. r -- PARK AVE. N. 4 _ rA AVE. I . di st(p,. , . , z Lz 4 _.... • ,m--------,--;-----„.; &, , ),. . ...0 _ _ .... N:T"--- L !II- A . 14. y I I L—I . . l 405 , • I I lip I . 'i?1/4;Y . --JoNES AVE. N. L i **************************************************************** City of Renton WA Reprinted: 12/15/00 13 :42 Receipt *****************************************************.*********** Receipt Number: R0007122 Amount : 85, 015 .47 12/15/00 13 :41 Payment Method: CHECK Notation: LABRADORVEN1968 Init : AH Project #: LUA00-065 Type : LUA Land Use Actions Parcel No: 229650-0160 Location: 2700 BLOCK OF LAKE WASHINGTON BLVD Total Fees : 86, 015 .49 This Payment 85, 015 .47 Total ALL Pmts : 86, 015 .49 Balance: . 00 *****************************************************.*********** Account Code Description Amount 303 . 345 . 85 . 00 . 00 Park Mitigation Fee 26, 007 .24 304 .345 . 85 . 00 . 00 Fire Mitigation-SFR 23, 912 . 00 305 . 344 . 85 . 00 . 00 Traffic Mitigation Fee ,35, 096 .23 ********************************************************r******** City of Renton WA Reprinted: 12/15/00 13 :42 Receipt **************************************************************** Receipt Number: R0007123 Amount : . 02 12/15/00 13 :41 Payment Method: CASH Notation: CASH Init : AH Project #: LUA00-065 Type : LUA Land Use Actions Parcel No: 229650-0160 Location: 2700 BLOCK OF LAKE WASHINGTON BLVD Total Fees : 86, 015 .49 This Payment . 02 Total ALL Pmts : 86, 015 .49 Balance : . 00 **************************************************************** Account Code Description Amount 305 .344 . 85 . 00 . 00 Traffic Mitigation Fee . 02 LU A' Ut.)- 04��"fP CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 4 7 9 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (CLOVER CREEK; FILE NO. 00-065). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: 1 • RESOLUTION NO. 3 4 79 See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 15.52 acres, is located in the vicinity of Lake Washington Blvd. N. and N. 27`h P1.) be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated August 10, 2000. PASSED BY THE CITY COUNCIL this 4th day of December , 2000. arilyn a sen, City Clerk APPROVED BY THE MAYOR this 4th day of December , 2000. Jest/Tanner, Mayor Appr ed as to form: Lawrence J. Warren, City Attorney RES.807:08/14/00:ma • • xhzb.-t `IA" LEGAL DESCRIPTIONS PARCEL 1 The north 123.12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington. PARCEL 2 The west 100.00 feet as measured at right angles to the west line of Tract 30,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington;EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington. PARCEL 3 That portion of Government Lot 1,lying within the north 20 feet of the west 1042.7 feet of Section 5, Township 23 North,Range 5 East, W.M.,in King County,Washington;EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. PARCEL 4 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County. Washington,described as follows: Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake. Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended,intersects the north line of said Section;thence south 89 degrees west along the north line of said Section, 168.8 feet to the true point of beginning;thence south 391.4 feet to the north line of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;thence south 89 degrees west, 112.5 feet:thence north 391.4 feet;thence east 112.5 feet to the point of beginning;EXCEPT the north 30 feet thereof lying within the County Road;EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A.Lapp by Warranty Deed recorded under Recording Number 2882752. PARCEL 5 .. • Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1. Section 5. Township 23 North,Range 5 East, W.M.,in King County.Washington;thence south 85.4 feet. more or less. to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats. page 86,in King County, Washington;thence along said plat line south 89 degrees west.425 feet.more or less,to the angle corner of said Plat;thence along said plat line south 45 degrees west.356 feet.more or less. to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line.75 feet. more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east.410 feet,more or less,to a point which is south 89 degrees west from the true point of beginning;thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPT that portion lying easterly of the following described line:Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East W.M..in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington and the terminus of said line. ALSO KNOWN AS Lot 3,City of Renton Lot Line Adjustment Number 009-85.recorded under Recording Number 8602139002. • PARCEL 6 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman's Boulevard(104th Avenue Southeast),as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington, extended could intersect the north line of said Section 5;thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168.8 feet;thence south 98.0 feet to the centerline of an existing stream and the true point of beginning; thence continuing south 293.67 feet to the north line of Eldon Acres Tracts;thence south 89 degrees 02 minutes 15 seconds east along said north line. 168.8 feet;thence north 205.9 feet to the centerline of said stream;thence northwesterly following centerline 194 feet,more or less.to the true point of beginning: EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East. W.M., in King County. Washington,where the easterly line of Hillman Boulevard,as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington,would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west,King County Aerial Survey Meridian): thence south I degree 02 minutes 55 seconds west,a distance of 184.8 feet,more or less to the centerline of creek, said point being the north end of the line between Marenakos and Stride;thence continuing south I degree 02 minutes 55 seconds west,a distance of 206.95 feet, more or less,to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County. Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east.554.5 feet to the true point of beginning of the tract herein described:thence south 89 degrees west,254.5 feet;thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west, 228 feet to the true point of beginning;EXCEPT the following described tract:Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east.554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west,254.5 feet;thence south 20 degrees east.240.5 feet: thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. ALSO KNOWN AS Lot 2. City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east.812.5 feet from the northwest corner of Section 5.Township 23 North,Range 5 East.W.M.,in King County, Washington;thence south 276 feet:thence north 89 degrees east.228 feet;thence north 276 feet;thence south 89 degrees west. 228 feet to beginning: TOGETHER WITH the following described parcel: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5. Township 23 North,Range 5 East,W.M.,in King County. Washington;thence south 85.4 feet. more or less. to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;thence along said plat line south 89 degrees west.425 feet,more or less,to the angle corner of said Plat;thence along said plat line,south 45 degrees west, 356 feet, more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north • PARCEL 8(Continued) 45 degrees east 410 feet,more or less,to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86, in King County,Washington and the terminus of said line. ALSO KNOWN AS Lot 1,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East.W.M.,in King County. Washington,described as follows: Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,with the north line of said Section 5;thence west along the north line of said Section, 168.8 feet to the true point of beginning of the tract herein described: thence east along said north line,60 feet;thence south to the centerline of creek;thence westerly along said centerline to a point south of the true point of beginning;thence north to the true point of beginning: EXCEPTING the north 30 feet thereof for road. PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5,Township 23 North.Range 5 East, W.M..in King County,Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning described; thence south 89 degrees west. 254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet:thence north 45 degrees east. 108 feet, more or less,to a point south of the true point of beginning:thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 feet of Government Lot 1. Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington. PARCEL 12 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East.W.M..in King County, Washington,described as follows: Beginning at the intersection of the easterly margin of Hillman's Boulevard "104th Avenue Southeast".as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1. according to the plat thereof recorded in Volume 11 of Plats.page 63,in King County.Washington. prolongated southerly with the north line of said Section 5;thence west along said north line.25 feet to the true point of beginning of this description;thence west 83.80 feet;thence south at right angles to the north line of said Section 5 to the centerline of a stream,said centerline being the north line of a tract of land conveyed to James L.Marenakos and Georgia Marenakos,his wife,by deed recorded under Recording Number 5109221;thence easterly along said centerline to a point south of the true point of beginning.as measured at right angles to the north line of said Section 5;thence north to the true point of beginning: EXCEPT the north 20 feet thereof. PARCEL 13 The east 108.8 feet of the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County,Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the south 10 feet of the east 108.8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section: TOGETHER WITH an easement for ingress,egress and utilities over the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North Range 5 East.W.M.. in King County. Washington.lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road: EXCEPT the east 110.8 feet thereof;EXCEPT that portion lying within the north 20 feet of the west 1042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5.Township 23 North.Range 5 East. W.M.,in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Road: EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1.042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1,Section 5.Township 23 North,Range 5 East. W.M..in King County. Washington;thence north 89 degrees east 300 feet;thence south 20 degrees east 240.5 feet;thence south 40 degrees east 160 feet.more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats.page 86,records of said county;thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard;thence northwesterly along said boulevard line 280 feet. more or less,to the easterly line of the Neal Turner County Road:thence northerly along said road line to beginning. • PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County. Washignton,described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended,would intersect the north line of said Section 5;thence south 391.40 feet,more or less,to the south line of the land conveyed by Fred W.Rarey and Helen Rarey,his wife,by deed dated June 1, 1917,recorded in Volume 1129 of Deeds.Page 152,under King County Recording No. 1469521,records of said county:thence east 195.50 feet, more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company;thence northeasterly along the westerly line of said right of way. to the north line of said Section 5;thence west along the north line of said section to the point of beginning:EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads: ALSO the west 30 feet of the east 150 feet (as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek:EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6,more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Bratch with the north line of said Section 5;thence north 89°03'45"west along said north line 120.00 feet to the true point of beginning;thence continuing north 89°03'45"west 17.92 feet to an existing fence;thence south 01°12'40"west along said 103.21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 41°04'12"east:thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet:thence north 00°33'45" east 86.57 feet to the true point of beginning. 2. _ __ OOd�14N‘ NALE • : - Z4. o • _ . 4. „. __ ,, ‘, „ ,.„, _ _ . _ _ _ _ . -,,, ,$/‘ j•14 0' #4, .'20.u *Alt , 14__i.._:- 3- .. :.4404/ .a,...._ —._...._,_ ___ 411 PARK AVE.. I$4 _ —= _L , VE. FAA" N •--‹ . il OP.8". 4 1 1 . il rZi„ F ADO-� AWE /J. I I I �� r I / 405 I I III r_ JONES A 42. ,N. r • c: CITY )F R• ENTON': . �f _ City clerk • • Je se Tanner,Mayoc • Marilyn J.Petersen - • • • • • • • • • December 8, 2000 • • • • Mr.Bradley Hughes;General Manager .-. - . -:•.2.'. •• . ..',,. ',........ . :: ..1. i - ' . : .. .'... .'. :1 . .. '...'' : . Labrador Ventures, L.L.C• . P.O.Box 3344 . • Kirkland, WA•98038 : . Re: Clover CreekFinal Plat;FP-00-065 Dear Mr. Hughes: - : .. - -.. :-_.•' •'':At the regular Council meeting of December'4, 2000, the.Renton City Council approved .:-:' ..'_s..•:•••. he'referenced'final plat by adoption of Resolution No.-3479. A copy of the resolution is .....„....:.....,. •. • enclosed for our records. �" • If Lcan provide additional information,please.feel free to"call.: ;S incer`el _Y • Ci Clerk/Cable Mana er • cc:-Ma or Jesse Tanner. • Orman Council President Rand C ••; Y . - Jennifer Henning,Development Services Division • _ , t,y y: _ •" _ ti.y5 ,.. 4 _ I:y: � : - ',(i 't 10551South'Grad':Wa" -,Renton Washiri on�'98055 425 430-6510, .FAX 425.430-6516: `: '.[Y7tT/hie nn nerrnnfainc P.f1%,idvirluii•mnteriol J9''.nn. rnnc+.mnr' ri 'J CITY OF RENTON COUNCIL AGENDA BILL AI#: 8..L • Submitting Data: Planning/Building/Public Works For Agenda of: Dept./DivBoard.. Development Services Division December 4, 2000 Staff Contact Arneta Henninger x7298 Agenda Status Consent X Subject: Public Hearing... CLOVER CREEK FINAL PLAT (Labrador Preliminary Plat) Correspondence.. File No. LUA 00-065FP (LUA 98-141PP) Ordinance 15.52 acres located in the vicinity of Lake Washington Blvd N Resolution X and N 27th P1 Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and recommendation Information Recommended Action: Approvals: Legal Dept X Council concur with staff recommendation and adopt the Finance Dept Iesolution. Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 15.52 acres into 51 single family residential lots. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. All fees shall be paid prior to the recording of the plat. STAFF RECOMMENDATION: Approve the Clover Creek Final Plat, LUA 00-065FP, with the following conditions and adopt the resolution. 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All plat fees shall be paid prior to the recording of the plat. • DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Labrador Land Company LLC Clover Creek Final Plat (previously called Labrador) File: LUA 00-065FP LOCATION: Lake Washington Blvd N and N 27th P1 Section 5,Twp.23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 51 single family residential lots with water, sewer,storm,streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record documents in this matter,staff now makes and enters the following: FINDINGS: 1. The applicant,Labrador Land Company LLC,filed a request for approval of a 51 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on January 11, 1999 for the subject proposal. This DNS was appealed on January 17, 1999. The appeal was denied on March 4, 1999, by the Hearing Examiner and ERC's Determination was reaffirmed with one additional mitigation measure. 4. The subject site is located at Lake Washington Blvd N and N 27th Pl. The subject site is located on the east side of Lake Washington Blvd N. The new plat is located in Section 5,Twp.23 N. Rng. 5 E. 5. The subject site is a 15.52 acre parcel. 6. The Preliminary Plat was approved on June 7, 1999,by the City of Renton Council. 7. The site has a R-1 and R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404 enacted in June 1993. 8. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 9. The subject Final Plat was reviewed by all departments with an interest in the matter. 9. The subject Final Plat was reviewed by all departments with an interest in the matter. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has,complied with the conditions imposed by the ERC: 1) a) The applicant followed the recommendations of the Geotechnical Report and its amendments as prepared for the subject parcel by Terra&Associates. b) The applicant engaged Terra&Associates,Geotechnical Engineer during the construction of the plat improvements. c) The applicant identified and performed all site clearing work to the satisfaction of the Public Works inspector. d) The applicant limited site work to the satisfaction of the Public Works inspector. e-g) The applicant designated staging areas for temporary stockpiles to the satisfaction of the Public Works inspector. The applicant provided temporary and permanent cover for cut slopes during periods of inactivity. h-m) The applicant provided stabilized construction entrances, installed a silt fence along the down slope perimeter of areas to be disturbed. Erosion control facilities were incorporated into the design and included throughout the construction phase all per the King County Surface Water Design Manual and to the satisfaction of the Public Works inspector. 2) a) The applicant stated that there was no clearing or disturbance along any portion of the ravine slopes. b) The applicant submitted and installed a street lighting design that minimized the glare on the ravine and wetland areas. 3) a) The Transportation Mitigation Fee will be paid prior to recording the plat. b) The applicant designed and installed the entrance road at Burnett Av N to meet AASHTO requirements. c) The applicant designed and installed the street improvements in such a manner that does not reduce the available sight distance to the south of the new intersection. d) A stop sign was installed per the approved plans. 4) a) The Fire Mitigation Fee will be paid prior to recording the plat. b) The project engineer reported that widening for N 26th St was not necessary since the existing pavement width exceeds the minimum 20' pavement. This will be verified prior to recording of the plat. 5) The Parks Mitigation Fee will be paid prior to recording the plat. 6) A note was added on the face of the plat for the protection of the eagle perch tree as it related to the drip line and footprints of the lots per the State's Wildlife and Fisheries Department suggested language. 7) A note was added on the face of the plat to protect and retain fifty percent of the fir trees on the referenced lot. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) Applicant complied with the above noted ERC conditions. 2) The applicant revised the plat to meet the R-1 zone. 3) The applicant demonstrated during design of the plat improvements that the building areas for those lots south of the cul-de-sac and adjacent to the ravine are provided. 4) The final plat drawing shows the restrictive covenant. 5) A homeowners association was created for the maintenance and repair of any common plat property or improvements. LABRADFP.DOC/ 2 6) A Native Growth Protection Easement(NGPE)is shown on the face of the plat for both Tracts A and B. 7) The requirement for a third party Geotechnical consultant to verify slope information is no longer required per the final Council decision on the preliminary plat. 8) The access issues related to any pipe-stem lots were resolved during the design of the plat improvements. 9) The bridge was designed and constructed for this plat hence this item which refers to emergency access improvements is no longer applicable. 10) This recommendation also discussed access issues if the bridge was not constructed. The bridge was designed and constructed for this plat hence this item is no long applicable. 11) The applicant appealed the condition that the bridge be an open girder. The Council Committee reversed the condition to allow other designs for the bridge. 12) The applicant shall remain responsible for maintaining all disturbed and restored areas. This will be accomplished by posting a five year maintenance bond prior to recording the plat. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat fees shall be paid prior to the recording of the plat. 2) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 10TH DAY OF AUGUST,2000 DEVELOPMENT SERVICES DIVISION LABRADFP.DOC/ 3 ..\, • /"..--- .10 __. ausYrrr_AVF tV, Zrli ____ = .....__ --I 0 , P" — — _ _ _ _— / (# ‘ / so? •e -• 41*,v ___ — — — —— Z\---: — 2 1•4— 111.qi, —. •-- 1 , . Z la If _ ---I PARK AVE N. ars/ • __ ____ —77IRK A Vc. N - a-------- ---,,,,, iff el I IN _____ -b" • zi: --\-- 1 I1 MEIADO A . N. • I 405 • I I If i.--' -----' f . . JONES AVE N. r . 1 I • • • LEGAL DESCRIPTIONS PARCEL 1 The north 123.12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 2 The west 100.00 feet as measured at right angles to the west line of Tract 30,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 3 That portion of Government Lot 1,lying within the north 20 feet of the west 1042.7 feet of Section 5, Township 23 North,Range 5 East,W.M.,in King County,Washington;EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. PARCEL 4 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington,extended,intersects the north line of said Section;thence south 89 degrees west along the north line of said Section, 168.8 feet to the true point of beginning;thence south 391.4 feet to the north line of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;thence south 89 degrees west, 112.5 feet;thence north 391.4 feet;thence east 112.5 feet to the point of beginning;EXCEPT the north 30 feet thereof lying within the County Road;EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A.Lapp by Warranty Deed recorded under Recording Number 2882752. PARCEL 5 Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North,Range 5 East,W.M,in King County,Washington;thence south 85.4 feet,more or less, to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats, page 86,in King County,Washington;thence along said plat line south 89 degrees west,425 feet,more or less,to the angle corner of said Plat;thence along said plat line south 45 degrees west, 356 feet,more or less, to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east,410 feet,more or less,to a point which is south 89 degrees west from the true point of beginning,thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPT that portion lying easterly of the following described line:Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington and the terminus of said line. ALSO KNOWN AS Lot 3,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 6 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman's Boulevard(104th Avenue Southeast),as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended could intersect the north line of said Section 5;thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168.8 feet;thence south 98.0 feet to the centerline of an existing stream and the true point of beginning; thence continuing south 293.67 feet to the north line of Eldon Acres Tracts;thence south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet;thence north 205.9 feet to the centerline of said • stream;thence northwesterly following centerline 194 feet, more or less,to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,where the easterly line of Hillman Boulevard,as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west,King County Aerial Survey Meridian); thence south I degree 02 minutes 55 seconds west,a distance of 184.8 feet,more or less to the centerline of creek,said point being the north end of the line between Marenakos and Stride;thence continuing south I degree 02 minutes 55 seconds west,a distance of 206.95 feet, more or less,to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 Fast,W.M.,in King County, Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west,254.5 feet;thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet,more or less,to a point south of the true point of beginning;thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west,228 feet to the true point of beginning;EXCEPT the following described tract:Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west,254.5 feet;thence south 20 degrees east,240.5 feet; thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet,more or less,to a point south of the true point of beginning;thence north to the true point of beginning. ALSO KNOWN AS Lot 2,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington;thence south 276 feet;thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west, 228 feet to beginning; TOGETHER WITH the following described parcel: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North,Range 5 East,W.M,in King County,Washington;thence south 85.4 feet,more or less, to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;thence along said plat line south 89 degrees west,425 feet,more or less,to the angle corner of said Plat;thence along said plat line,south 45 degrees west,356 feet,more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet, more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north PARCEL 8(Continued) 45 degrees east 410 feet,more or less,to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86, in King County,Washington and the terminus of said line. ALSO KNOWN AS Lot 1,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 • That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington,with the north line of said Section 5;thence west along the north line of said Section, 168.8 feet to the true point of beginning of the tract herein described; thence east along said north line,60 feet;thence south to the centerline of creek;thence westerly along said centerline to a point south of the true point of beginning;thence north to the true point of beginning; EXCEPTING the north 30 feet thereof for road. PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning described;thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet,more or less,to a point south of the true point of beginning;thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 feet of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County,Washington. PARCEL 12 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly margin of Hillman's Boulevard"104th Avenue Southeast",as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington, prolongated southerly with the north line of said Section 5;thence west along said north line, 25 feet to the true point of beginning of this description;thence west 83.80 feet;thence south at right angles to the north line of said Section 5 to the centerline of a stream,said centerline being the north line of a tract of land conveyed to James L.Marenakos and Georgia Marenakos,his wife,by deed recorded under Recording Number 5109221;thence easterly along said centerline to a point south of the true point of beginning,as measured at right angles to the north line of said Section 5;thence north to the true point of beginning; EXCEPT the north 20 feet thereof. PARCEL 13 The east 108.8 feet of the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the south 10 feet of the east 108.8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section; TOGETHER WITH an easement for ingress,egress and utilities over the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M., in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110.8 feet thereof;EXCEPT that portion lying within the north 20 feet of the west 1042.7 • feet of said Section;ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1,042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington;thence north 89 degrees east 300 feet;thence south 20 degrees east 240.5 feet;thence south 40 degrees east 160 feet,more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,records of said county;thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard;thence northwesterly along said boulevard line 280 feet, more or less,to the easterly line of the Neal Turner County Road;thence northerly along said road line to beginning. PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washignton,described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington,extended,would intersect the north line of said Section 5;thence south 391.40 feet,more or less,to the south line of the land conveyed by Fred W.Rarey and Helen Rarey, his wife,by deed dated June 1, 1917,recorded in Volume 1129 of Deeds,Page 152,under King County Recording No. 1469521,records of said county;thence east 195.50 feet, more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company;thence northeasterly along the westerly line of said right of way,to the north line of said Section 5;thence west along the north line of said section to the point of beginning;EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet (as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek;EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6,more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Bratch with the north line of said Section 5;thence north 89°03'45"west along said north line 120.00 feet to the true point of beginning;thence continuing north 89°03'45"west 17.92 feet to an existing fence;thence south 01°12'40"west along said 103.21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 41°04'12" east;thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet;thence north 00°33'45" east 86.57 feet to the true point of beginning. • • CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (CLOVER CREEK; FILE NO. 00-065). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: 1 • RESOLUTION NO. See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 15.52 acres, is located in the vicinity of Lake Washington Blvd. N. and N. 27th Pl.) be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated August 10, 2000. PASSED BY THE CITY COUNCIL this day of , 2000. Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of ,2000. Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.807:08/14/00:ma 9 RESOLUTION NO. EXHIBIT A 3 • Exh zb.-t• • LEGAL DESCRIPTIONS PARCEL 1 The north 123.12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 2 The west 100.00 feet as measured at right angles to the west line of Tract 30,Eldon Acres.according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington;EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 3 That portion of Government Lot 1,lying within the north 20 feet of the west 1042.7 feet of Section 5. Township 23 North,Range 5 East, W.M.,in King County, Washington;EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. PARCEL 4 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East, W.M.,in King County. Washington,described as follows: Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended,intersects the north line of said Section;thence south 89 degrees west along the north line of said Section, 168.8 feet to the true point of beginning;thence south 391.4 feet to the north line of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86, in King County, Washington;thence south 89 degrees west, 112.5 feet: thence north 391.4 feet;thence east 112.5 feet to the point of beginning;EXCEPT the north 30 feet thereof lying within the County Road;EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed recorded under Recording Number 2882752. PARCEL 5 Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1. Section 5. Township 23 North,Range 5 East, W.M.,in King County. Washington;thence south 85.4 feet. more or less. to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats. page 86, in King County, Washington;thence along said plat line south 89 degrees west. 425 feet.more or less,to the angle corner of said Plat;thence along said plat line south 45 degrees west. 356 feet. more or less. to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line.75 feet. more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east,410 feet,more or less.to a point which is south 89 degrees west from the true point of beginning:thence north 89 degrees east,456 feet, more or less, to the point of beginning:EXCEPT that portion lying easterly of the following described line:Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from the northwest corner of Section 5,Township 23 North.Range 5 Fact W.M..in King County, Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington and the terminus of said line.ALSO KNOWN AS Lot 3, City of Renton Lot Line Adjustment Number 009-85.recorded under Recording Number 8602139002. • PARCEL 6 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman's Boulevard(104th Avenue Southeast),as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington, extended could intersect the north line of said Section 5;thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168.8 feet;thence south 98.0 feet to the centerline of an existing stream and the true point of beginning: thence continuing south 293.67 feet to the north line of Eldon Acres Tracts;thence south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet;thence north 205.9 feet to the centerline of said • stream;thence northwesterly following centerline 194 feet, more or less,to the true point of beginning: EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East. W.M., in King County, Washington,where the easterly line of Hillman Boulevard,as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63, in King County, Washington,would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west,King County Aerial Survey Meridian): thence south I degree 02 minutes 55 seconds west,a distance of 184.8 feet,more or less to the centerline of creek,said point being the north end of the line between Marenakos and Stride;thence continuing south I degree 02 minutes 55 seconds west, a distance of 206.95 feet, more or less,to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East,W.M.,in King County. Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east.554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west, 254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning:thence north 89 degrees east,228 feet; thence north 276 feet;thence south 89 degrees west, 228 feet to the true point of beginning,EXCEPT the following described tract:Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east.554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west,254.5 feet;thence south 20 degrees east.240.5 feet: thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. ALSO KNOWN AS Lot 2. City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east.812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East.W.M.,in King County, Washington;thence south 276 feet;thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west. 228 feet to beginning: TOGETHER WITH the following described parcel: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North.Range 5 East, W.M.,in King County. Washington;thence south 85.4 feet, more or less. to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County.Washington;thence along said plat line south 89 degrees west.425 feet,more or less,to the angle corner of said Plat;thence along said plat line,south 45 degrees west. 356 feet, more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet,more - or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north • PARCEL 8(Continued) — 45 degrees east 410 feet,more or less,to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east,456 feet,more or less,to the point of beginning;EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86. in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 1,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East. W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington.with the north line of said Section 5;thence west along the north line of said Section, 168.8 feet to the true point of beginning of the tract herein described: thence east along said north line,60 feet;thence south to the centerline of creek;thence westerly along said centerline to a point south of the true point of beginning;thence north to the true point of beginning: EXCEPTING the north 30 feet thereof for road. PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5,Township 23 North.Range 5 East, W.M..in King County,Washington.described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east.554.5 feet to the true point of beginning described;thence south 89 degrees west.254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east. 160 feet;thence north 45 degrees east. 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 feet of Government Lot 1. Section 5,Township 23 North,Range 5 East. W.M.,in King County, Washington. PARCEL 12 That portion of Government Lot 1,Section 5,Township 23 North,Range 5 East.W.M.,in King County. Washington,described as follows: Beginning at the intersection of the easterly margin of Hillman's Boulevard"104th Avenue Southeast".as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1. according to the plat thereof recorded in Volume 11 of Plats.page 63,in King County. Washington. prolongated southerly with the north line of said Section 5:thence west along said north line. 25 feet to the true point of beginning of this description;thence west 83.80 feet:thence south at right angles to the north line of said Section 5 to the centerline of a stream,said centerline being the north line of a tract of land conveyed to James L.Marenakos and Georgia Marenakos,his wife,by deed recorded under Recording Number 5109221;thence easterly along said centerline to a point south of the true point of beginning.as measured at right angles to the north line of said Section 5;thence north to the true point of beginning: EXCEPT the north 20 feet thereof. • • PARCEL 13 The east 108.8 feet of the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the south 10 feet of the east 108.8 feet thereof: ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section: TOGETHER'WITH an easement for ingress,egress and utilities over the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North Range 5 East, W.M.. in King County. Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road: • EXCEPT the east 110.8 feet thereof;EXCEPT that portion lying within the north 20 feet of the west 1042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5.Township 23 North.Range 5 East. W.M., in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Road: EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1.042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5.Township 23 North,Range 5 East. W.M.,in King County. Washington;thence north 89 degrees east 300 feet; thence south 20 degrees east 240.5 feet;thence south 40 degrees east 160 feet.more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats.page 86,records of said county;thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard;thence northwesterly along said boulevard line 280 feet. more or less,to the easterly line of the Neal Turner County Road:thence northerly along said road line to beginning. • 1 PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washignton,described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended.would intersect the north line of said Section 5;thence south 391.40 feet,more or less,to the south line of the land conveyed by Fred W. Rarey and Helen Rarey,his wife,by deed dated June 1, 1917.recorded in Volume 1129 of Deeds.Page 152,under King County Recording No. 1469521.records of said county:thence east 195.50 feet, more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company;thence northeasterly along the westerly line of said right of way.to the north line of said Section 5;thence west along the north line of said section to the point of beginning:EXCEPT that portion thereof lying north of the south line of the creek:AND EXCEPT roads: ALSO the west 30 feet of the east 150 feet (as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek:EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in'settlement of King County Superior Court Cause No. 85-2-00294-6,more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Bratch with the north line of said Section 5;thence north 89°03'45"west along said north line 120.00 feet to the true point of beginning;thence continuing north 89°03'45"west 17.92 feet to an existing fence;thence south 01°12'40"west along said 103.21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 41°04'12"east:thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet: thence north 00°33'45"east 86.57 feet to the true point of beginning. • ,xt\�� ` �'r A srF—nr r • .0/ = = _ / sA �„ ,4 'ate Li�_ .ou i 1 01 r ri ric7r--..-1"---—__i Z 0 If - - L - PARK AVE. N. 114.4 _ K'71Y c 77p 011 .r' Pill% ' � )N L - - _ --c) r . i _ r 1JEAt7O V AA. N. I Jam-• I • • 1405 , I I p -f, - . . JONES AVE. N. I ,yam CITY RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator December 7, 2000 Mr. Bradley Hughes, General Manager Labrador Ventures, L.L.C. P.O. Box 3344 (( =O p Kirkland, WA 98083 `v✓� y SUBJECT: Clover Creek Plat STREAM BANK RESTORATION PLAN Dear Mr. Hughes: Staff has completed the review of the Stream Bank and Slope Restoration Plan prepared by B &A, Inc., for the Cover Creek Plat. The plan proposes installation of native saplings and shrubs on disturbed slopes along the creek and near the bridge. In addition, overseeding of the slopes with a grass mixture is proposed. The Stream Bank and Slope Restoration Plan, dated November 14, 2000, as prepared by B&A, Inc., is approved subject to the following revisions/conditions: 1) Page 5, Section D (Materials), Item No. 4: Suitable substitutions may be made due to availability, price, and condition of the plants only with written approval from the City of Renton Development Services Division. 2) B&A, Inc. or another qualified Landscape Architect, botanist, certified wetland scientist, or ecologist shall be retained by the applicant to be present on-site to supervise the installation of plant materials, seed and mulch. 3) B&A, Inc. or another qualified wetland scientist, Landscape Architect, botanist, or ecologist shall be retained to conduct monitoring and prepare reports as proposed in the Stream Bank and Slope Restoration Plan. 4) Page 6, Item V. Monitoring Program, paragraph following Item F. Monitoring reports shall be submitted quarterly for the first year and annually thereafter, to the City of Renton Development Services Division for review and approval. If you have further questions you may contact me at 425-430-7298. • Sincerely, • if/( z vtj% 144-z-1-21-16C-"( Arneta Henninger, Engineering Specialist Development Services Division cc: Neil Watts,Development Services Director Jennifer Henning,Principal Planner Kayren Kittrick,Development Engineering Supervisor Dan Thompson,Field Engineering Specialist 1055 South Grady Way-Renton,Washington 98055 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 12/06/00 TO: Arneta Henninger FROM: Jennifer Henning (M SUBJECT: Clover Creek(Labrador)Plat Stream Bank Restoration Plan— Comments from Depai tinent of Fish&Wildlife(File No. LUA- 00-065,FP) Today, I spoke with Larry Fisher,Area Habitat Biologist with the Washington Department of Fish and Wildlife regarding the Stream Bank Restoration Plan for the Clover Creek Plat. Larry approved the plan provided that planting occurs during the time of year when the replacement plants are dormant. He noted that he would prefer to see trees among the selected plants,but that the plan was acceptable as proposed. No formal letter will be sent, and this memo will serve as documentation of Fish and Wildlife's approval. cc: Project File H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\cloy ck stream dfw.doc\cor CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 11/30/00 TO: Arneta Henninger � FROM: Jennifer Toth Henning OV SUBJECT: Clover Creek Final Plat(LUA-00-065,FP) I have reviewed the final plat drawing for compliance with comments as stated in my memo to you of June 14,2000. The applicant has revised the final plat to incorporate language required by the Environmental Review Committee and the Hearing Examiner. In addition,I have reviewed the Stream Bank Restoration Plan and have approved it with conditions as noted in the attached memo of November 28,2000. The Stream Bank Restoration plan also requires the approval of the State Department of Fish and Wildlife, and I understand that the report has been sent to Larry Fisher for his review and comment. cc: Project File \\CENTRAL\SYS2\DEPTS\PBPW\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\clov crk fin pl 2.doc\cor CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 11/28/00 TO: Arneta Henninger FROM: Jennifer Toth Henning SUBJECT: Labrador Plat(Clover Creek) Stream Bank Restoration Plan (File No. LUA-98-141,PP,R,V,ECF, LUA-00-065,FP) I have reviewed the Stream Bank and Slope Restoration Plan prepared by B&A,Inc. for the Clover Creek Plat. The plan proposes installation of native saplings and shrubs on disturbed slopes along the creek and near the bridge. In addition, overseeding of the slopes with a grass mixture is proposed. The Stream Bank and Slope Restoration Plan, dated November 14,2000, as prepared by B&A, Inc. is approved subject to the following revisions/conditions: Page 5, Section D (Materials),Item No. 4: Suitable substitutions may be made due to availability,price and condition of the plants only with written approval of the City of Renton Development Services Division. B&A,Inc. or another qualified Landscape Architect,botanist, certified wetland scientist, or ecologist shall be retained by the applicant to be present on-site to supervise the installation of plant materials, seed and mulch. B&A,Inc. or another qualified wetland scientist, Landscape Architect,botanist, or ecologist shall be retained to conduct monitoring and prepare reports as proposed in the Stream Bank and Slope Restoration Plan. Page 6,Item V.Monitoring Program,paragraph following Item F. Monitoring reports shall be submitted quarterly for the first year and annually thereafter, to the City of Renton Development Services Division for review and approval. cc: Project File H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\clover creek restoration.doc\cor CITY OF RENTON • MEMORANDUM DATE: June 14,2000 TO: Arneta Henninger FROM: Jennifer Toth Henning gik SUBJECT: Clover Creek Final Plat(aka: Labrador Plat) File No. LUA-00-065,FP I have reviewed the green folder materials for the Final Plat submittal and have the following comments. The Codes, Covenants & Restrictions (CC&R's) submitted for review need to be amended to include language required by the Hearing Examiner (Condition No. 5) for the maintenance and repair of common plat property and improvements. Specifically, the CC&R's should address the stormwater detention facilities, and tracts of land — other than those sold as single family residential lots. Hearing Examiner(HEX) Condition No. 5 states: "The applicant shall establish a homeowner's association or maintenance agreement for the maintenance and repair of any common plat property or improvements. This includes the stormwater detention facilities and any tracts of land created for purposes other than for sale as single family residential lots." With regard to the Native Growth Protection Easement language shown on the face of the plat, the City Attorney should review this, and advise staff as to whether this language must also be included in the CC&R's. The language gives enforcement authority to the City of Renton. I'm not sure that we want or need to have this authority. Also, the NGPE should refer specifically to Tracts"A"and"B". The approval of the Preliminary Plat (LUA-98-141,PP,R,V,ECF) was conditioned upon the applicant complying with ERC and HEX conditions, plus three additional conditions added by the Council at their June 7, 1999 meeting. Those conditions are as follows: 1. The recording of language suggested by the State Department of Fish and Wildlife on the face of the final plat for the protection of the eagle perching tree.(as discussed in Steve Negri's letter of May 10, 1999). NOTE: The agreed upon language is as follows: "Lots 18, 19, &20 are buildable lots, however, no building footprints will lie within the drip line of the eagle perch tree. This large fir tree located in the southeast corner of Lot 19 may not be removed or altered in any way without an hazard tree assessment conducted by a certified arborist and a report submitted to an reviewed by the Washington Department of Fish and Wildlife(WDFW)prior to removal. Further, if this tree does become an active nest tree for bald eagles at some point in the future, WDFW will be notified and possible'timing H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\labrador final plat.doc\cor • conditions on additional clearing and external construction may be needed to avoid disturbance during the critical nesting season." • NOTE: "Lots 18, 19 and 20"referenced in the condition correspond to Lots 8,9 and 10 on the Final Plat map (see attached drawings). 2. Recording of language on the face of the final plat to protect a minimum of 50%.of the stand of fir trees on what has been shown as proposed Lot 30 (the specific language should be drafted by staff and the City Attorney); NOTE: "Lot 30" is not the current correct reference to the area of concern. This condition refers to the area that equals the west half of Lot 51 (see attached drawings). As I understand it, the trees have been cleared, and were not retained. We need to question the applicant about this. See the attached signed letter agreeing to the condition. 3. A requirement to mark and protect around the drip lines of the eagle perch tree on Lot 19 and the trees that would be retained on Lot 30, with bright colored construction fencing, prior to and throughout the duration of construction. NOTE: "Lot 19" on the former plans is actually Lot 9 on the Final Plat drawing. "Lot 30" refers to the west half of Lot 51 as shown on the Final Plat map (see attached drawings). cc: Neil Watts,Plan Review Supervisor H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\labrador final plat.doc\cor CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 17,2000 TO: Bob Mac Onie Sonja Fesser,Technical Services FROM: Arneta Henninger,X7298 A ►� SUBJECT: CLOVER CREEK FINAL PLAT (LABRADOR) LUA 00-065FP LAKE WASHINGTON BL N AND N 27TH PL FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: Name Title ate Robert T. Mac Onie, Jr. PLS Mapping Supervisor Approval: t_Our, 9f_ CgurantA) I VP.,lac) Name Yitle Q� Date cc: Yellow File ±1 mQ►eI cLJ. s +-►-Ic 4J c i-1(1 L ou -fir+ ,i--rac i '=t /41- -ALL Lcrr L)I L:t I L i -- „7 NN \ " — �- — — — — — 55.21 ���. ,�3 pp 55.21 LL1 ��6' � S89 03'46"E -- � 172.65' R W s F /. `�' 2 7th PL. N NORTH / \ O '•� — 8 _ C2r-48.53' — — 61_22 — — _ - 4,-) ;:i,) ______ _ _ -1 •' , 4 3 61 2 � � . S.F./ 5,102. S.F itnozi 5,145. S.F Iti-i�o6,619 S.F. � 14,529 c� L - - — — � _ — — — — --I o. 101.23' 59.85' 0 0 40.89' . • ••589'03'46"E — ti 1\1 \ si r - 1 I " rj n �; 51 Th 40,841 S.F. I I _ I T I 144.32 7 OF 7 FOR CURVE ' ► TABLE INFORMATION. .42. In n S89.03'46"E 255.00' 'S>>?_0ga£ DETENTION/WET—VAULT 6, Co'4 DRAINAGE EASEMENT J` R E� �E lu p — — _ D�:i 20,245 S.F. i — _ : NOV 0 8 h4C'D / PLAN Fi 1' -'^r 0 233 46 Sr s�7 2 0 `�11•9�3, � 9'E �1 H. T,� ` 4�4.28. of w 1" �_. C w /' o ` \ i_"I' L (^) +r�`j "r' UMA �NG�N� :____________. '►. i. iL_ TO Y( LAND SURD Y _.___ ,_1n9 •KENT N CIT: € • • • 'Planning/Building/Public Works Department GreggGreggmP.E.,Administrator - • November 28, 2000 - Larry Fisher, Area Habitat Biologist State of Washington Department of Fish and Wildlife Region 4 Office 16018 Mill Creek Boulevard • Mill Creek, WA 98012 SUBJECT: . CLOVER CREEK FINAL PLAT:900 BLOCK N 27TH PL (AKA LABRADOR PLAT)'LUA-00-065 Dear Mr. Fisher: • The above plat, located on the east side of Lake Washington Blvd N in the vicinity* of N 27th PI, received preliminary plat approval subject to a number of conditions as a result of the environmental review. Specifically, SEPA.Condition 2a requires that "The applicant shall provide a streambank and slope .restoration plan ,for any portion of the .ravine that is, disturbed due to construction of the bridge crossing.. The restoration plan shall be prepared by a Landscape Architect, botanist, or ecologist and approved by the City of Renton and the Washington State Fish and Wildlife Department prior to the issuance of construction permits [for the restoration work].", The developer of the plat, Brad Hughes, submitted a Restoration Plan to the City and I am forwarding a copy to you for your review and use. I would appreciate any comments or concerns by December 12, 2000. If you have any questions, please contact me at 425-430-7298. Thank you for your cooperation. Sincerely, .e 3:3 Arneta Henninger Engineering Specialist Development Services Division cc: Neil Watts Jennifer Toth Henning File LUA 00-065FP - - 1055 South Grady:Way;-Renton,-Washington 98055. : ' . - .; : -., -'•: -•. - :;• %:,:�,:.'`'• . .: This papercontains50%recycled material.20%tJOstconsilmar l .-: • . • ' . • - AtC a 111 4 1 . . a • • • I i adiesh , . . ., ,.. . .. ..__. . .. . _ ,.... , . •N,,,:., /I., s . . . . , . • . - . . , s• . • . . . . . . . . . . . • . . . • ' . Society of Wetland. Scientists - • - . . . . .. , . . • Certification Peogrami. Inc. . . • , . • • •• . , • • • i grants the desgnation •. • . . • . .. . . . ,. . . Professional Wetland 8cientist. . . • • to • • , • . • . • .. . , . . . • . . , I Anthony J. Bredberg' i . . . . • . .• In recognition of all the professional requirements approved by the Society of Wetland Scientists Certification , , . Program, Inc. and verified by the Society's Certification Review. Panel on the 29th day of November, 1.995 . • Professional Wetland Scientist number•000886 . . „. ,.:. .. - :• --, .., William J. Mitsch,Ph.D., President ' . . - • . . t • •. . . ... . ' . . ...1 s i E. • • . •s. I . • ".1.' • • . ';3 .. '..- ' somas . 'imps:o Ph.D.;Chair .. . . . . , : , • . . . . . , . ,.. . • ••,, ' • - . .• ,. . . . . • - Fax Cover Sheet - Date: 11/17/00 To: City of Renton Arneta Henniger Fax Phone: 425-430-7300 Phone From: A.J. Bredberg P.O. Box 1337 Gig Harbor 98335 Fax Phone: 253-858-2534 Phone 253-858-7055 Pages: 2 Subject: Credentials per your request Thanks AJ IIESTr914 SW S - , Societyof Wetland. Scientists - . . . • certjficaiion Piogram, Inc. , .- - grants the designation • • P � Ind Scientist • - to . • . . J. rdber } • . In recognition of all the pro±ssional requirements approved by the Society of Wetland Scientists Certification F Program, Inc. an dd verified b {,/,, 0 . y the Society's Certification Review Panel on the 29th day of November, 1.995 _ ___...„ _. Professional Wetland Scientist number 000886 _ __ , 2 � . ....___ �, William J. Mitsch,Ph.D., President . _ - T. - i z - im sv Ph.D Chair :} omas g • STREAM BANK AND SLOPE A RESTORATION PLAN C SITE: LABRADOR LAND COMPANY CLOVER CREEK PROJECT NORTH 27TH PLACE RENTON, WA APPLICANT: BRAD HUGHES LABRADOR LAND COMPANY, LLC P.O. BOX 3344 KIRKLAND, WA 98083-3344 PREPARED BY: B&A, INC. 3303 43RD ST NW GIG HARBOR, WA 98335 (253) 858-7055 PHONE (253) 858-2534 FAX BA#3374 NOVEMBER 14, 2000 3303 43rd St. NW, P.O.Box 1337, Gig Harbor WA 98335 USA 253.858.7055 Fax 253.858.2534 ba@harbornet.com TABLE OF CONTENTS INTRODUCTION I. BASELINE INFORMATION II. ENVIRONMENTAL GOALS AND OBJECTIVES A. PURPOSE OF RESTORATION B. REVIEW OF AVAILABLE LITERATURE III. PERFORMANCE STANDARDS IV. DETAILED TECHNIQUES AND PLANS A. MITIGATION PLAN B. RESTORATION IMPLEMENTATION C. PLANTING PLAN D. MATERIALS E. MAINTENANCE V. MONITORING PROGRAM A. VEGETATION PLOTS B. PHOTO STATIONS C. WATER SAMPLING D. BASE FLOW RATES E. SEDIMENTATION RATES F. FISH AND WILDLIFE POPULATION VI. CONTINGENCY PLAN VII. PERMIT CONDITIONS VIII. DEMONSTRATION OF COMPETENCE A. SECURITY DEVICE AND PENALTIES B. MAINTENANCE SECURITY DEVICE C. SUSPENSION REVOCATION OF PERMITS LIMITATIONS OF THE PLAN TABLE 1 : PERFORMANCE COST ESTIMATE TABLE 2: MAINTENANCE COST ESTIMATE DEVICE TABLE 3: PLANT COUNTS, SIZE, SPACING, AND COSTS TABLE 4: RESTORATION PLANT LIST INTRODUCTION The following is a Stream Bank and Slope Restoration Plan per SEPA Condition 2a. The SEPA condition requires that a Stream Bank and Slope Restoration Plan be prepared for any portion of the ravine the is disturbed due to construction of the bridge crossing. The Slope Restoration Plan is prepared by a professional wetland scientist for approval by the City of Renton. The restoration plan follows Section 4-32-6 (h, i, j, and k) Standards, Permits, and Approvals for mitigation plans from Renton City Code. This is a restoration plan but will follow the same format per the Chapter of the City Code for a mitigation plan. BASELINE INFORMATION North 27th Place is a new street constructed in the Clover Creek plat. The subject of the restoration plan involves the bridge crossing Clover Creek and associated disturbance of the slope and stream bank. Baseline information is provided in summarized form as the project has been approved, built out and only a planting plan for restoration of the stream bank and steep slope is needed. The Hydraulics Permit Application (HPA) has been accepted, the bridge is constructed, and sediment erosion control measures are in place. The side slopes and banks are regrowing in grass and/or have been matted to control sediment and erosion. The existing vegetation of the bank and slope is dominated by a forested canopy of red alder, black cottonwood and bigleaf maple. The scrub/shrub canopy contains red elderberry, vine maple, Indian plum, Oregon grape, and hazelnut. The herbaceous canopy is dominated by sword fern, while the vine canopy has Pacific thimbleberry. The soils of the slope are a fine sandy loam which can easily erode. At the time of the evaluation, the site had been seeded, mulched and/or protected with a fiber mat to minimize erosion. There is no direct source of hydrology to the slope. All water from the street is channeled into a storm drainage system, thereby eliminating any channelized flow along the steep slope. 3374MR/ajb/smh/11/16/00 1 II. ENVIRONMENTAL GOALS AND OBJECTIVES A. The goals of the restoration plan are as follows: • Restore vegetation community on the banks and slopes. • Plant seed and mulch the slope to control sediment erosion. • Use shrub and saplings plantings to provide a native cover to protect the slope. • Avoid using trees as they would grow too close to the bridge and create a hazard over time and would require cutting. • Use native species that support a wildlife and fish habitat. • Use willow plantings along the creek banks to provide shade and maintain cool water temperatures. • Choose plant species consistent with those growing in the existing canopy. • The plant densities will be doubled as the area will not irrigated, allowing a 50% loss of plant species and still meet the desirable plant densities. • The plant density is doubled so that irrigation will not be necessary. Whereas, the area has steep slopes, irrigation could cause erosion creating sedimentation problems for the stream. • At the end of three years, the plants will be thinned to achieve the desirable plant density. The planting and all work should be completed by the beginning of March, 2001 . The slopes have already been mulched, matted and seeded providing sediment erosion control, but once the plantings • have been completed, there will be some disturbance of the slope and additional mulching and seeding will be required. The project will involve installing plants, mulching, and seeding the slope disturbed by the plantings. B. Review of literature Whereas, the project is a simple planting plan, sediment and erosion control and review of the literature is not deemed necessary. 3374MR/ajb/smh/11/16/00 2 III. PERFORMANCE STANDARDS Specific criteria for evaluating whether or not the success of the plantings has been achieved shall be made based up on two areas. The first area is the number of surviving plants. The plant density is provided for a 50% loss of plants to achieve recommended plant density. Success of the plantings will be a survival rate of 80% of the desired 50% planting survival. This would provide for a 40% survival of the original plantings. The second set of performance standards is for effective control of sediments and erosion. This standard will be evaluated by observing the area for visible signs of rill and sheet erosion. With proper ground cover and mulching, the performance standards will be considered to have been met. IV. DETAILED TECHNIQUES AND PLAN The selected planting species are native to Western Washington and should require minimal maintenance. Plantings should be made before March, 2001, to ensure the establishment prior to going into the spring of the year. The plant densities are double the normal density to account for a 50% loss in plant materials because the area will not be irrigated. A. Mitigation Plan 1 . Plants will be pruned to remove dead and diseased branches prior to planting. 2. The choice of plants should provide a combination of benefits to the wildlife habitat and benefits to the urban landscape environment. The plantings should be made prior to March, 2001 . 4. Plantings should be made following standard practices. 5. Plants are to be placed in a natural orientation per the planting plan after major site work has been completed. 6. When all work has been completed the owner's representative will inspect the work and grant acceptance. The plant warranty will become effective at this time for a period of one year. The contractor will be responsible for maintaining the area by weeding, watering, and replacing unhealthy plants. 7. This plan is to be used in conjunction with the report by B&A, Inc. Liability by B& A, Inc. is limited to payment received for preparing the final mitigation plan. 3374M R/ajb/smh/11/16/00 3 8. The plantings will be performed by a firm or individual experienced with nursery and/or landscape work and all stock will be from approved sources. 9. Plants shall be bare root, gallon container or other available media matching specified size. 10. The area immediately around all plants that has been disturbed through plantings will be mulched. 11 . The entire area will be overseeded with a mixture of 10% annual ryegrass, 30% perennial ryegrass, 40% creeping red fescue, and 20% orchard grass or similar seeding mixture. The seeding rate will be double the recommended seeding rate. TABLE 3: PLANT COUNTS, SIZE, SPACING RESTORATION PLANTING LIST Genus species(Common Name) SYMBOL # USED SIZE SPACING SAPLINGS/SHRUBS Acer circinatum (Vine maple) VM 52 2-4' 4' Salix lasiandra (Pacific willow) RW 28 2-4' 4' Oemlaria cerasiformis(Indian plum) IP 36 2-4' 4' Mahonia aquifolium(Oregon grape) OG 68 2' 3' Rosa nutkana (Nootka rose) NR 85 2-4' 3' Sambucus racemosa (Red elderberry) RE 18 2-4' 3' B. Restoration Implementation 1. Sedimentation control measures will be instituted prior to, during, and after construction to prevent erosion or sediment problems. 2. The entire site will be straw mulched and overseeded once the plantings are done to ensure there is effective sediment and erosion control above and beyond the current straw mulching and seeding. 3. Native species will be used for all new plantings. 4. An As-Built report will be prepared after the planting has been completed to verify that it has been done according to plans. 3374MR/ajb/smh/11/16/00 4 5. Monitoring plans on a yearly basis will be provided to the City of Renton. 6. Performance/maintenance assurance devices will be provided per the City of Renton. C. Planting Plan The Planting Plan shows plant locations and spacing. Table 3 lists the species, quantities, sizes, and spacing. All plant materials will be from approved sources. D. Materials 1 . Plants shall be free of disease, insects, insect eggs, larvae, weeds, weed seed, and other pests. 2. Plants shall be first quality with normal roots, trunks, limbs, stems and shape, and labeled with genus, species and variety. The owners' representative has the right to reject non-conforming plants. 3. The transplanted materials will be maintained and monitored. 4. Suitable substitutions may be made due to availability, price, and condition of the plants only with cau. .t approval. E. Maintenance 1. No broadcast fertilizer or pesticides will be used. 2. The success rate for the overall plantings will be monitored and replanting performed if necessary. 3. Exotic or invasive, undesirable vegetation such as Himalayan blackberry, reed canarygrass, and Scot's broom shall be removed from the above referenced planting area. 4. Maintenance recommendations will be determined at the monitoring site visits. • 5. At the end of three years the site will be evaluated for the numbers and density of the plantings and appropriate thinning will be performed for a final stand count. It is anticipated that there will be a loss of up to 50% of the plants as the site will not be irrigated. 3374MR/ajb/smh/11/16/00 5 • V. MONITORING PROGRAM A. Establishing vegetation plots The site will be monitored for five years to verify that there is an 40% survival rate of the initial plantings and an 80% survival rate of plantings after thinning at three years. Four permanent plots will be established. The plots will be approximately 300 square feet, with one on each side of the stream bank and on each side of the bridge for a total of four plots. B. Photo stations Permanent photo stations will be established, one in each of the sample plots. Photos will be taken in each sample plot and site conditions documented. These photos will be used to evaluate the community response over time. C. Water sampling Not applicable D. Baseflow rates Not applicable E. Sanitation rates Not applicable F. Sampling fish and water population Not applicable Monitoring reports shall be submitted quarterly for the first year and annually thereafter. The reports will document plant survival, any problems encountered and contingency actions. The accompanying monitoring form will be used. A monitoring form will be prepared for each of the four sample plots. The monitoring shall be for a period of five years and will establish that performance standards have been met. VI. CONTINGENCY PLAN In the event problems arise with the plantings or steep slopes the following contingencies are provided for. In the event the area becomes eroded through real or sheet erosion, additional mulching and seeding will be on an as-needed basis. In the event that less than 40% of the plants do not survive, additional plantings will be made to ensure proper plant coverage. 3374MR/ajb/smh/11/16/00 6 Should any problems be noted during the monitoring period, the city will be notified within 30 days of the problem and corrective actions taken. VII. PERMIT CONDITIONS Permit conditions have been established in the SEPA Conditions. VIII. DEMONSTRATION OF COMPETENCE The project performance has completed the road, grading and much of the work on the project demonstrating financial resources to complete the project. Whereas, the plantings are relatively simple, there will be a minimum scientific expertise and technical competence required to complete the project. A. Security device and penalties Performance Security Device The applicant of a wetland permit proposed to perform a security device acceptable to the city such as a letter or credit, irrevocable set-aside letter of cash in the amount equivalent to 1 1/2 times the estimated cost of the performance and with surety and conditions sufficient to fulfill the requirements of Section 4-32-6b and, in addition, to secure compliance with other conditions and limitations set forth in the permit. Table 1 provides a cost estimate for installation with plant costs from Table 4. The security device shall be in said amount. The performance security device shall be in the amount of the cost of installation of the restoration plan, $4,175.63. TABLE 1 : PERFORMANCE COST ESTIMATE Plant Cost $ 791 .25 Installation Cost (2 x planting cost) 1,582.50 Mulch $ 60.00 Grass seed $ 50.00 Planting Supervision $ 300.00 subtotal $2,783.75 150% x subtotal $4,175.63 3374MR/ajb/smh/11/16/00 7 TABLE 4: RESTORATION COST LIST RESTORATION PLANTING LIST Genus species(Common Name) SYMBOL # USED COST TOTAL PER PLANT SAPLINGS/SHRUBS Acer circinatum(Vine maple) VM 52 $ 2.75 $143.00 Salix lasiandra (Pacific willow) RW 28 2.50 70.00 Oemlaria cerasiformis (Indian plum) IP 36 3.00 108.00 Mahonia aquifolium (Oregon grape) OG 68 2.75 187.00 Rosa nutkana (Nootka rose) NR 85 2.75 233.75 Sambucus racemosa (Red elderberry) RE 18 2.75 49.50 TOTAL PLANT COST $791.25 *Woodbrook Nursery, 1620 59th Avenue NW, Gig Harbor, WA 98335; Spring 2000 price list The installation cost estimate is provided to ensure that the installation is properly made. A performance security device is provided to ensure the project, after installation, has been maintained and is successful. City provisions provide for two bonds; one for installation costs and the other for maintenance costs. It may be simpler to provide one security device that rolls over after installation, into a performance security device for maintenance. The following total is provided for the Performance Security Device. B. Maintenance Security Device The $5,765.16 figure is the estimated cost of a maintenance security device. Whereas, the maintenance security device will not become effective until after the project is installed, at which time the performance security device will be released, it is feasible that the performance security device could be drafted to the amount of the maintenance security device, and rather than release the performance security device, it will just roll over as a maintenance security device upon installation of the project. 3374M R/ajb/smh/11/16/00 8 The alternative to using the security device under Section I would be to obtain a separate security device under this section for the maintenance of the project. The following table provides the estimated cost of maintaining and monitoring the project. TABLE 2: MAINTENANCE COST ESTIMATE Plant replacement 25% of plant cost from Table 1 $ 197.81 25% of plant installation cost $ 395.63 mulching $ 300.00 supplemental seeding 50.00 weed maintenance $ 500.00 Monitoring Year 1 1st Qtr $ 300.00 2nd Qtr $ 300.00 3rd Qtr $ 300.00 4th Qtr $ 300.00 Year 2 $ 300.00 Year 3 $ 300.00 Year 4 $ 300.00 Year 5 $ 300.00 subtotal $ 3,8430.44 x 150% $ 5,765.16 C. Suspend revocation of permits The city may suspend or revoke the permit of the applicant if the permitee has not complied with any or all of the conditions or limitations set forth in the permit, has completed the scope of work set forth in the permit, or has failed to undertake the project in the manner set forth in the approved application. LIMITATIONS OF THE PLAN B&A, Inc. accepts liability only to the extent of the amount received for preparing. this report and only on the scope of work described in this proposal. To accept liability for the success of this project, B&A, Inc. must be involved during construction to inspect and verify adherence to this plan. If discrepancies between actual, shown, or proposed conditions occur, it is the responsibility of the owner or contractor to notify B&A, Inc. before proceeding. 3374MR/ajb/smh/11/16/00 9 i� Ik I � , • ii �t-.4 r INoil r" > Z , 040 16:2 M k .., Li% AtZ07 Pea*i ibl,li: Aifil it a ' 0114 Are*" iii 44040* :t.060:430V/ 00,--Ati/ A f� 0 . AosZtUp7 / _ /1/ Nika opttv40. F Iv '-tmo alig-0-4-0-..-9:tooiktik,-,•44,/ \l,4gr,o,„0.,,twese4.814:-0.0A ,./ S. )7 7,400;740,4W v-0040).5.% vl vsk,sc.kv.54.10144-novivN _ ,.,„).,.0).0"-Flowl0v \ , 1. 0 0):-',trOA.so.•10,V;0\ ,v 0 t1-1.eipt0V A‘A 4 otAcoo_ ,.--,\\I /IA\ 01441*/ conOr \ to F 4 iiik.. --------„........„ .....-- .,.,... .4 iLs, -,-. \ ttl \ 40 -1,ww o , ‘! 410i0 w . \, ,...";40,110„Ig, < 1k 41tre 4'44 •A *-4TRAO 0 N *040 +A-0‘0400 A4 1(0 -. - <(4OttgifZtt4 tea Ot V**gee k4' * H ,_b,014•41411Ailk 1 -m..4ftV -‘04.- - 61671,416,10" k ._10, ,.... ‘.. At. . 4, t n--1 _, oovoLooiovery - Fli ./ ;6° " V CJ AV\,01: ‘..4% RESTORATION PLANTING PLAN CLOVER CREEK B&A Inc. (#3374) ;y s MONITORING FORM Sample plot#: Date: Completed by: O As-built O Early in first growing season O Yr 2 Spring O Yr 3 0 30 days O End of first growing season O Yr 2 Fall TREES #PLANTED CONDITION % COVER % SURVIVAL SHRUBS HERBS DESIRABLE VOLUNTEERS INVASIVE EXOTICS % COVER METHOD OF CONTROL • SOILS 0 HORIZON A HORIZON B HORIZON Hydrology: Wildlife Observed: Comments: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 11/27/00 TO: Dan T. Inspector FROM: Arneta H.X7298 I� SUBJECT: CLOVER CREEK The attached AsBuilts have been submitted. Please review and comment. Please use this memo sheet for any comments and concerns that you have. Thank You!!! cc: Kayren K. Document2\ajh • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS • MEMORANDUM DATE: 11/15/00 TO: Jennifter H. FROM: Arneta H.X7298 SUBJECT: STATUS REPORT LABRADOR(CLOVER CREEK)PLAT Per your request I have compiled a status report as of this afternoon. Tom Touma resubmitted the plat drawings and lot calculations for the plat on November 8,which I sent down to Sonja. Dan T.told me that the final lift of pavement and the new vertical alignment on N 26th St and Lake Washington Blvd looks good. Neither Dan or I have seen any additional plans,documentation or reports since Neil left. Dan says that he is happy with his part. Bob A. says that the Erosion Control has been taken care of. Bob A. says that the access easement approach from Burnett to 70'to the east is done. Bob also says that the area has been covered with straw. The siltation has been removed and hay bales put in. The outlet pipe now has quarry spalls. Regarding the other site with the vertical cut--Bob says that the contractor is submitting revised building plans per Craig B. Paul Lumbert did a site visit and says the street lights are OK. cc: Kayren Document2\ajh FROM RECO-Seattle FAX NO. 4253912571 Nov. 22 2000 09:14AM P1 NO0-21-2090 14:04 :NFORCED EARTH CC P.31%01 6814 Went 0Od CmMr Drive 8uae it00 WOO The Reinforced Earth Company 8 .�Azz,�•�32 OM. Toleohono1(703)821.1175 Telefwc(702)821-1 of 5 � www.FIECOSA.Com November2t,2000 &oP/y& i1'ed h ;h // feY" lz-430-13 Fa• x ax No 7671 °� 11 ZI �� Mr. Bradley K Hughes - Fax Gc.�,�NEI Labrador Land Company, LL.C. ,, .. P.O. Box 3344 lGr4cland,WA 98083-3344 FIX I Subject Labrador Stream Crossing City of Renton,WA RECo Project No. 7734 Dear Mr. Hughes, With this letter, The ReiMarced Earth Company confirms that all materials furnished and well erection observed during our site visits were in aceordenCs with the submitted and approved drawings and specifications submitted by our company. Assuming that ea material placement and backiill compaction was performed throughout the prciect in accordance with these same drawings and specifications, then the Reinforced Earth wall will perform as designed. it Is our understanding that You want this written confirmation to be prepared and signed by a registered P.E.from the State of Washington, unfortunately our two engineers tamed in Washington are wrrentty aviey for the Thenk$giving holiday. Instead, Mr. Sankey is co-signing this letter as Vice President of cur Engineering Department and as a licensed professional engineer in the U.S. for over 15 year's. The two aforementioned engineers registered in Washington for The Reinforced Earth Company are colder Mr. Sankey'$r e charge. Please contact either of the undersigned if you have any questions regarding this letter. Sincerely, THE REINFORCED EARTH COMPANY John E. Sankey, P.E. Don Grso er Vice President, Engineering Project Marker (733-821-1175, ext. 268) (425-391-0111) cc: Paul Frankenberger—RECo. CA Melissa Berkeblle— RECo, Engineering Jos:re7734 Atlanta Boston Dallas/Ft. Worth Irvine, CA Lafayette, IN Orlando Seattle Venna, VA TOTAL. P.01 FROM : RECO-Seattle FAX NO. : 4253912571 Oct. 23 2000 09:27AM P1 /*V7dirJ-(Er 25--W -q/Y, ee I , Ogee REVELOPMENT SERVIC6stern ReoIon 17-S E.22nd Way 4144.6 The Reinforced Earth Company (my° _ ___ F RENTON sammamish,wA98075 , WW1 Telephone:(425)391-0111 OCT 23 2000 Telefax:(425)391.5076 www.RECoUSA,com -:. 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Worth Irvine, CA Lafayette, IN Orlando Seattle Vienna, VA • 1 -i,'I 4: CIT` DF :RENTON. ..t� Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg 7immerman P.E.;Administrator • October 27,2000 Bradley Hughes, General Manager Labrador Ventures,L.L.C. P.O:Box 3344 • • Kirkland,WA 98083 Subject: Clover Creek Plat Bridge Revisions/LUA 00-065 Dear Mr.Hughes:_ • I have been informed that a load of concrete has arrived at your Clover Creek construction site. It is apparent from the pictures you recently submitted that the construction does not meet the plans approved by Neil Watts on October 24, 2000. I'd also like to call your attention to the reports for special inspection for bridge work, as_, discussed in detail in a letter to you from Mr.Watts dated October 3,2000.• I have unsigned copies:of your daily crew reports but still have not received.the special inspection reports. The City cannot accept the construction as shown in your submitted.photos, as it does not meet the approved plans, per Dan Thompson, City.of Renton inspectors` It is a team effort of you, the City,your engineer and your surveyor to get your plat to final plat, :approval. If you have any questions,'please contact me"at(425)430-7298. Thank you for your cooperation. Sin erely, Arneta Henninger Engineering Specialist cc: Gregg Zimmerman,PlanningBuilding/Public works Adriiinistrator Neil Watts,Development Services Director Kayren Kittrick,Development Engineering Supervisor _ Dan Thompson,Field Engineering Specialist • Post-it®Fax Note ' I 7671 Date��2�/zo� pae �s To 5ra)k\ C�i UGh 25 From, vhf l_tt, °( ^5�� Co./Dept. Co. Phone#i Phone#¢2S'4')G Z,78 Fax#42/�Z 1 p / / Fax# 7 1055 South Grady Way-Renton,Washington 98055 Page 1 oil 4111 • ` E ii 4 jj F gal 111 ' ri 1 ' - . li -' i 1, , . *,:tlei 7..,,,,,ri ,.: ,mot i i .. ' . \ ' �+'^ """^?ir„+aaM.,w l'"'. 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'4'-i0p4'' ' • 11/2/00 file://A\MVC-012F.JPU Page I of I • Oil M1 . . 41tf • ap a II. 4e •11011111111i.. .:Ai,.� s . , r; n ti. It #b • .. • ..'x �4 � ��t A a a�9 t m,'`e 3,z ''�$ j ''r e,.rz s, iligilliC J �q- �� '� a rW ram,' , it 40,21(41:,4 tile:"//A:\M.VC-01 J1'..11O 11/2/00 Nov 03 00 02: 36p LABRADOR LAND COMPANY 45—.22Ei-4455 p. 1 FROM RECO—Seattle FAX ND. : 4253912571 Not '3 2000 02.19PM P1 co Nee Wesla Region The Reinforced EarthZ731 rnond Way h Company 000. Semmamish.WA96075 Telephone:(425)39141111 Telefax;(425)391-5076 www.RECoUSA.com November 3,2000 • • • Mr.Bradley K.Hughes • Labrador Land Company,L.L.C. P.O. Box 3344 Kirkland,WA 98083-3344 Subject: Inspection-Labrador Stream Crossing City of Renton,WA RE-Co Project No. 7734 • • Dear Brad, p late approval ravel b At your requeat,and as required for The Reinforced Earth Company p y Mr.Neal Watts,City of Renton,I have provided supervision of construction for the stream crossing on this project. I am a graduate Civil Engineer with thirty(30)years of experience heavy in • construction,having been project enginear,project manager or resident engineer. 1 have worked with Reinforced Earth for over seventeen(17)years. Hopefully my certification that the stream crossing,including the Cast-in-Place traffic • • barrier was properly constructed will satisfy the City of Renton.WA. • Sincerely: The Reinfor Eart Company. • • Don abner Pr tee Manager(425-391-0111) • oVii I)"f/.° r°4'1 • ammoimmmulm...:1,04 9/1//° 1/t 71/F/6 • • !. ory • • Vat"• - Atlanta Boston Dallas/Ft.Worth Irvine. CA Lafayette, IN Orlando Seattle Vienna, VA •. ` CITI: JF-RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor': Gregg Zimmerman P.E.,Administrator • October 24, 2000 Mr. Bradley:Hughes, General.Manager Labrador Ventures, L:L;.C.. P.O. Box 3344 Kirkland,WA 98083 • SUBJECT: Clover.Creek Preliminary Plat Bridge Revisions Dear Mr Hughes: It has come to my attention that the construction on the bridge for the Clover Creek Preliminary• .Plat has not proceeded per the approved plan. Revisions to approved construction plans must: be submitted to the:City for review and approval (or correction) prior to construction which deviates from .the:current set of approved plans. 'A Stop Work,.Order was posted for the -incorrect bridge construction this -morning: -The letter'submitted today from The Reinforced Earth Company addressing the'proposed revisions is not adequate for approval. The proposed revision will require submittal of new plans which',,clearly show what is proposed for construction. „ • We also have received no inspection reports:for the construction to date. Per our letter dated October 3, 2000, special.inspection is required for;work on the bridge.-;"The special inspection is to include daily. inspections, daily reports to the City project inspector and written . certification that the bridge wall was correctly constructed." Further, it has been reported to me that there have been no concrete testing procedures implemented for construction to date. Field observations by the City inspector indicate that the rebar mstalled to date was not per the " approved plan. Verification of proper rebar installation,'sizing and spacing will be required prior to acceptance of the bridge construction. . Complete documentation, including daily• inspection reports, complete concrete testing results and fmal structural certification will also be required prior to acceptance of the bridge. The final plat approval has been removed from the Council agenda, and will not be placed on the ,agenda;until.the,remaining.preliminary plat requirements are completed. The Board of Public Works has approved a limited deferral for the final lift of pavement within:the proposed • platted lots. All other items must be completed before we will place the final plat on'the Council agenda for their approval. Among the items not covered by'the:deferral;is:completion of the new extension of N 261'` St to final grade, and completion of new curb,-glitter:arid fmal paving along Lake Washington Blvd adjacent to the plat. Two SEPA::conditions ''(listed below) are still not met for this project:. The single report submitted for the erosion control on the project listed several items that needed corrections:: We have not received further weekly reports as required in the condition, nor have .we-received - :- a report indicating compliance with the corrections listed in the first':report.' The restoration. plan is still required per the SEPA condition. 'A.statement;from.your consultant that no restoration work is necessary is not acceptable in-completing this condition." ; 1055 South Grady Way-Renton,Washington 98055 Bradley Hughes October 24,2000 : Page 2_ SEPA Condition lb requires that, "The applicant shall engage a qualified engineering geologist to"observe installation rof all erosion and sedimentation measures at the site: The engineering _ geologist should make periodic visits to the site to:observe site conditions and to verify the performance of the installations. Weekly reports on the status and condition of the erosion control plan :with any "recommendations"of change or:revision to either maintenance schedules or installation- shall be submitted by the project..engineer of record. to the Public Works Inspector. The project has not:been in compliance With this requirement for some time. Weekly reports must be provided immediately as described in this condition, and the erosion and sedimentation measures for the site must be revised per the recommendations.of the weekly reports. SEPA Condition 2a requires that, "The applicant.shall provide a streambank and .slope restoration plan for any portion of the ravine,that is disturbed due to construction of the bridge crossing. The restoration plan.shall be..prepared by:a Landscape Architect, botanist, or ecologist and approved by the, City'of Renton and the W ashington State Fish and Wildlife. Department prior to the issuance of construction,permits [for,,the restoration ivorkj. " This 'condition has not been satisfied at this time. There are still many construction items,:that must,be;'completed before approval of the final plat for this new subdivision:'.Many of these items"have,been listed in earlier letters, and will not be individually addressed in this letter..; If you have further questions regarding the completion.,of this,preliminary plat, you may contact me at 425-430-7298, or the City project inspector, Dan Thompson, at'206-999-1828. • Sincerely, ift.g.71-"e/it Arneta Henninger, Project Manager Development Services Division_ • Cc: ' : Gregg'Zimmerman,Planning/Building/Public Works Administrator Kayren Kittrick,Development Engineering Supervisor - Neil Watts,Development Services Director ' Dan Thompson,Field Engineering Specialist fcY CITY OF RENTON • R • BOARD OF PUBLIC WORKS 'ePZNry0 Jesse Tanner, Mayor October 11,2000 Bradley K. Hughes LABRADOR VENTURES,L.L.C. PO Box 3344 Kirkland WA 98083 SUBJECT: ON/OFF-SITE DEFERRAL FOR CLOVER CREEK(LABRADOR PLAT) LAKE WASHINGTON BLVD.AND BURNETT AVE.N.,RENTON,WA LUA 98-141 Dear Mr.Bradley: The Board of Public Works met today to review your application at the above location. The Board granted your deferral of on/off-site improvements,only for the following items: 1. Final lift of pavement for the new streets within the plat; 2. monumentation,channelization,and replacement of damaged curbs,gutters and sidewalks within the plat; 3. raising the utilities lids,grates and covers from the temporary grades established for the existing pavement elevations to the final elevations of the final lift of pavement;and 4. installation of mailboxes for the plat. This approval is also subject to the following condition: Applicant shall provide a security device in the amount of$75,000(150% of the cost of the improvements). Be advised that the date the Board grants the deferral is the temporary effective date of the deferral,subject to the applicant providing said security device within 30 days,which would be November 4,2000. If the security device is accepted,the deferral then becomes permanent, subject to any other conditions placed by the Board. If you fail to submit an approved security device within the 30-day period,the deferral becomes null and void. Please ensure that the effective date of the set aside is November 4,2000,with an open-ended expiration date to expire when the deferred improvements are installed and approved. Once the improvements have been installed,then written documentation shall be submitted for the record and the security device will subsequently be released. 1055 South Grady Way-Renton, Washington 98055 (425)430-7204 Facsimile (425)430-7241 Document4\cor October 11, 2000 Page 2 If you have any questions or concerns,you may contact Paul Lumbert, Board Coordinator,at (425)430-7204. Sincerely, ? ' //,-; `J Mickie Flanagan,Recording Secretary cc: Board Members Paul Lumbert,Board Coordinator LUA 98-141 Ameta Henninger,Plan Review iJL l 1 ? 200 "`"1-"ivG DIVISION H:\Dl V ISION.S\BP W\CORRESPO\clovercrk.doc\cor a 4 CITY )F RENTON . tt - Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator October 3, 2000 Mr. Bradley Hughes, General Manager Labrador Ventures, L.I.C. P.O. Box 3344 Kirkland, WA 98083 SUBJECT: Clover Creek Preliminary Plat Bridge Revisions Dear Mr. Hughes, We have completed our review of the proposed revisions to the bridge wall for the new bridge within the Clover Creek Preliminary Plat. We are unable to approve these plans until the following three items are provided for our review: 1. The bridge structure already constructed must be certified as completed per approved plan by a structural engineer or appropriate structural inspector. We have not received this certification as requested in earlier meetings and letters. 2. The plywood currently being used as a structural soil seal must be replaced with an appropriate permanent soil seal material and approved by a structural engineer. Plans must be submitted and approved for an appropriate soil seal prior to approval of the revised bridge wall plans. 3. The construction of the revised bridge wall will require special inspection and certification by a qualified structural inspector or engineer. Please provide the name, address and phone number for the agency or company that will provide this special inspection prior to approval of the revised bridge wall plans for construction. The special inspection is to include daily inspections, daily reports to the City project inspector and written certification that the bridge wall was correctly constructed. As stated in our earlier letter, your construction project is currently in violation of three SEPA conditions imposed on the approval of the preliminary plat. Prompt attention to these conditions is expected to bring this project into compliance with the environmental requirements for the preliminary plat. SEPA Condition lb requires that, "The applicant shall engage a qualified engineering geologist to observe installation of all erosion and sedimentation measures at the site. The engineering geologist should make periodic visits to the site to observe site conditions and to verify the performance of the installations. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to either maintenance schedules or installation shall be submitted by the project engineer of record to the Public Works Inspector." The project has not been in compliance with this requirement for some time. Weekly reports must be provided immediately, as described in this condition, and the erosion and sedimentation measures for the site must be revised per the recommendations of the weekly reports. 1055 South Grady Way-Renton,Washington 98055 Mr. Bradley Hughes, General Manager Labrador Ventures, L.I.C. Page 2 SEPA Condition if requires that, "The applicant shall provide cover for temporary cut slopes and soil stockpiles during periods of inactivity. Temporary cover may consist of durable plastic sheeting that is securely anchored to the ground surface or straw mulch. " The stockpile areas have not been covered as required, and the project is, therefore, also in violation of this SEPA requirement. SEPA Condition 2a requires that, "The applicant shall provide a streambank and slope restoration plan for any portion of the ravine that is disturbed due to construction of the bridge crossing. The restoration plan shall be prepared by a Landscape Architect, botanist, or ecologist and approved by the City of Renton and the Washington State Fish and Wildlife Department prior to the issuance of construction permits [for the restoration work. " This condition has not been satisfied at this time. There are still many construction items that must be completed before we can recommend approval of the fmal plat for this new subdivision. Many of these items have been listed in earlier letters, and will not be individually addressed in this letter. In summary, the revised bridge wall plans are ready to be approved for construction, pending (1) Written certification that the bridge structure already constructed was built per approved plan, (2) Submittal of plans to replace the improper plywood soil seal, and (3) Appointment of a structural inspector to provide inspection of the proposed bridge wall. Construction of the bridge wall cannot begin until the revised plans are approved for construction. Prompt action is also requested to comply with the SEPA conditions of the preliminary plat. If you have further questions regarding the completion of this preliminary plat, you may contact the City project manager, Arneta Henninger, at (425)430-7298 or the City project inspector, Dan Thompson, at (206)999-1828. Sincerely, i\j4 Neil Watts, Director Development Services Division cc: Gregg Zimmerman Kayren Kittrick Arneta Henninger CITY OF RENTON Dan Thompson I" r 3UILI7ING DIVISION 411 CITY IF RENTON Office of the City Attorney Jesse Tanner,Mayor , Lawrence J.Warren MEMORANDUM 0 To: Arneta Henninger, PBPW ' 2000 From: Lawrence J. Warren, City Attorney ikaitv t3!yvd� Staff Contact: Neil Watts Date: August 15, 2000 Subject: . Clover Creek Final Plat LUA 00-065FP The agenda bill is self-explanatory and complete. A copy of the resolution approving the final plat is attached and the original has been sent to the city clerk. /) Lawrence J. Warren • LJW:ma. . cc: Marilyn Petersen Jay Covington • Post Office Box.626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 :.� This paper contains 50%recycled material,20%post consumer CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 28,2000 DEVELOPMENT SERVICES CITY OF RENTON TO: Neil Watts SEP 2 8 2000 FROM: Gregg Zimmerman 6 z RECEIVED SUBJECT: Clover Creek Plat(Labrador Ventures) V G Neil, I am returning the attached for your files. I have faxed (Sept. 27) a copy of the letter you prepared for my signature to Brad Hughes. A full copy with attachments is being mailed. Brad has been in phone contact with me several times, and I have also spoken with Tom Touma about the "As-Built" drawings. So that we are all on the same page, the following has been communicated(please pass this on to your staff working on this project): 1) Brad wants to go back before the Board of Public Works for deferral. I told him staff would not be supporting deferral of the bridge completion, the Lake Washington Blvd. Curb issue, or construction of earth grading necessary to obtain buildable lots. However, staff would be supportive of deferral of second lift of asphalt on street and related minor deferral items. Brad wanted to go before the Board next week, but settled on October 11 (Judy Walter talked to him, and both Arnie and Paul Lumbert are aware). 2) I talked through the items in the letter with him. After quite a bit of discussion he said he understood the City's reluctance to accept an unfinished bridge even with deferral bond (I told him I had no desire or intention to assign staff to complete this bridge even if deferral money was available). I also did my best to explain the grading issues. I said that I would not sign and record a residential plat with unbuildable lots because of steep slopes. I told him that my approach to recording subdivisions was"truth in advertising" and"no surprises", and I consider the interests of the most unsophisticated lot buyer. I told him that the "as builts" are obviously inaccurate in places. I suggested the following approach to attempt to resolve this issue: a) provide a set of contour drawings accurate enough to determine whether the individual lots conform to buildable lot requirements regarding steep slopes, b) read the city codes describing buildable lots and slope criteria and determine which lots meet and which lots do not meet this criteria, c) determine additional grading and contouring needed to make all lots buildable, and d) discuss your approach with Development Services so that there is agreement on approach,timelines, etc. 3) Brad appeared to finally accept that the Lake Washington curbs would have to be modified in order for the City to accept. He wanted to assure agreement with the City on final configuration through a site meeting with Dan. I told him this was a sensible approach. 4) Brad mentioned that he is having the bridge parts fabricated now. I told him he could certainly do this, but was taking a risk if he has not received city building section approval of the submitted bridge. He said he has the design engineer's approval, so he should be okay. I took this opportunity to tell him that this issue epitomizes the basic problem he is encountering with the City right now—the City must approve the design before the City will Document2\cor Page 2. accept the construction, and the designer's approval is not a substitute for the City's approval. (Brad still seems to be having difficulty with this concept). 5) Brad gave me a call with George Stahl on the site and wanted to know if he could do the water line tie in. (I assumed that since George was present that this had all been set up through Dan, but it occurred to me after the call that I probably should have checked on this). I told Brad that since the tie in appeared to be in progress I would not stand in the way. However,the City needs a letter from Larry Fisher regarding acceptance of the bridge. Brad did not want to"stir the sleeping lion",however I insisted that the City would need a letter of acceptance from Fisheries for our files. He is going to try to obtain this, but will be back to us if he runs into difficulties. 6) Brad had Tom Touma call me about the"as-builts". Tom clarified that the"as-builts"are not strictly accurate, but rather reflect "average slope across the lots achieved by taking level shots at the sidewalk line and the uphill (or downhill as the case may be) lot lines, and averaging the slopes across the lots". Tom says that the average slopes for the lots are all under 40%, and from his understanding this should mean that the lots are buildable. He said that the whole site would need to be resurveyed to show "every mound and contour" more accurately,but he did not think that was needed or what the City wanted. He could do it, but would be at considerable cost to the applicant and he was not sure about the value of the additional information. I told Tom that as things stand, the City does not think that many of the lots are buildable because they do not allow for building pads and driveways that can be installed in a way to conform to the City's steep slope regulations. Until this is resolved and the issue of buildable lots is determined, I would not sign the mylars and record the plat (I went through my criteria with Tom that I mentioned in item 2)above. I advised Tom to take the following approach, subject to his client's approval: 1) carefully read the City's steep slope and buildable lot codes and determine to his satisfaction what topographic information he thinks is needed to demonstrate that the plat meets code, 2) if he thinks that what he has already provided in the"as built"drawings provides this information,he and his client can try to make their case to the City (I told him the City does not think the drawings adequately provide this information in their current state), and 3) if he determines that the current drawings do not provide sufficient accurate data to establish that all lots are buildable by City Code, he will need to determine with his client the extent of additional survey work that is needed. 4) Once sufficient survey data has been obtained, any grading revisions needed to make the lots buildable will need to be designed and installed. I told Tom that although I had not looked at the steep slope regulations recently, I did not think that the type of slope averaging that he has provided would be able to successfully establish conformance of the lots to the City's buildable lot codes. So, in a nutshell,that is where we are as of 9/28/00. cc: Kayren Kittrick Dan Thompson Paul Lumbert Arnita Henninger Document2\cor 'x=. • CITI JF RENTON ••LL ' ; Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 15,2000 Tom Touma Touma Engineers&Land Surveyors 6632 S 191A Place, Suite E-102 • Kent,WA 98032 Subject: Clover Creek Final Plat Dear Mr.Touma: I am sorry to inform you that despite significant progress on completion of the required improvements for the Clover Creek (aka Labrador) Preliminary Plat, we were unable to obtain administrative approval to place the final plat approval on the Council agenda for August 21. The next Council meeting is scheduled'for September 11. With continued progress on completion of the outstanding construction items we-expect that the final plat approval will be placed on the Council agenda for September 11. . A brief summary from a staff issue paper outlining the principal items remaining for completion of this project is provided later_in this letter...Please note that there will be additional details covered by the project inspector's punchlist which are not covered in this summary. The completion of these punchlist items, and final permit approval by the project inspector will be required for the non-deferred items prior to plat recording, and all items prior to release of the deferral security. The Labrador preliminary plat was approved with several conditions which have been met, or will be satisfied prior to recording;of the:plat These conditions included compliance with geotechnical recommendations, erosion control measures, compliance with zoning requirements, creation of a home owners association, and payment of mitigtion fees. These conditions were followed during the plat construction or will be completed prior to recording of the plat(payment of mitigation fees and establishing the home owners association). The Board of Public Works approved.a deferral of the following items for this project: (1) Sidewalks, (2) Final lift of pavement, (3) Street lights, and (4) Hand rail along top of bridge parapet. Security for$260,000 has been posted to cover these deferred items. The remaining requirements for a final plat are completion of public works improvements, and approval of a final plat mylar by the Technical Services group. A summary of the,status of these public works requirements follows. WATER Completed: The water:mains for the plat are completed. They have passed both pressure and purity testing requirements. The pressure reduction vault has been completed and approved. One tie-in of the water main system has been completed. Remaining: Prior to Council Approval: The new meter for the house at 1221 N 26th St must be connected to the service line for the house. Prior to Recording: Second tie-in completed.' Remaining meter setters placed for each new parcel. As-built drawings 1055 South Grady Way-Renton,Washington 98055 r s submitted and approved. Prior to Release of Deferral Security: Final lid adjustment to -—final pavement grade. SEWER Completed: The sewer mains have been completed and approved. The mains have been tested and TV'ed per City requirements. All side sewer stubs have been installed. Remaining: Prior to Recording: As-built drawings submitted and approved. Prior to Release of Deferral Security: Adjust covers to match final grades. DRAINAGE Completed: All mains and catch basins have been completed. The two detention/water quality vaults have been completed. The outfalls have been completed. Remaining: Prior to Recording: As-built drawings submitted and approved. Prior to Release of Deferral Security: Adjust covers to match••final grades. Complete cleaning of entire system. STREETS Completed: Curbs, gutters and first lift of pavement have been completed throughout the project. Portions of the sidewalk have also been completed, including along Lake Washington Blvd N. Remaining: Prior to Recording: Completion of corrections on curb location along Lake Washington Blvd N. Installation of street name signs and stop signs. Prior to Release of Deferral Security: Final lift of pavement:and sidewalks. As-built drawings submitted and approved. N. 26th STREET EXTENSION Completed: Street"pavement completed, except final lift of pavement. Landscaping along new slopes completed. Fencing along new;street completed to block vehicle lights. Guardrail installed for safety purposes. Driveway connections (2)completed. Remaining: Prior to Recording: Revise lower driveway for gentler slope adjustment. Install handicap ramp per'plan. Install additional curbing along south side of street for safety purposes. Verify that existing pavement width on N 26th east of project is 20 feet minimum in width. Prior to Release of Deferral Security: Provide final lift of pavement and adjust utility lids (including PRV)to match final pavement grade. As-built drawings submitted and approved. STREET LIGHTING Completed: The light bases, conduit,junction boxes and cabinets have been installed. Remaining: Prior to Release of Deferral Security: Install light poles and light fixtures. Complete wiring. Install meter on cabinet. Energize the system.. As-built drawings submitted and approved. • . BRIDGE • Completed: The bridge has been completed and approved per approved structural plans, within the footprint approved by ERC. Area remediation completed. Stream crossing per HPA permit for crossing. Remaining: Prior to Council Approval: Completion of the parapet along the sides of the bridge. Prior to Release of Deferral Security: Installation of hand rails along top of parapet. • • FRANCHISE UTILITIES Completed: . All services for power, gas, telephone and cable TV have been installed (underground)and stubbed to each new parcel. Remaining: None. GRADING • Completed: All grading and compaction for installation of streets, drainage and utilities. Remaining: Prior to Recording: Completion of site grading per recently approved plan for entire site. All newly created slopes to be less than 40%. Perimeter fence to be completed along north boundary. Hydroseeding to'be completed. TECHNICAL SERVICES Completed: First review comments on plat mylar prepared and returned to project engineer for revisions. Revised mylar addressing review comments has been submitted for staff review. Remaining: Prior to Recording: Approval of final plat mylar:by Technical Services. There are still a few items which absolutely must be addressed prior to formal Council approval of the plat. There are still several other items which must be completed prior to recording of the plat Completion of as many of these remaining items as quickly as possible to help insure administrative approval to proceed to the Council agenda on September 11. If all the remaining items are completed, including as-built drawings for the utilities, etc.,then we will be able to record the plat quickly following formal Council action. I apologize for this extra delay due to limitations in the Council schedule during this time of the year. I recognize that there has been a strong focused effort to respond to our correction lists in recent weeks 'to obtain approval for the final plat:: With continued effort to complete the remaining items for the project,recording should be accomplished shortly after September 11. If you have questions regarding these requirements, please contact the project manager, Ameta Henninger at 425-430-7298,or the project inspector, Dan Thompson,at 206-999-1828. Sincerely, • a1/* Neil Watts,P.E. - Plan Review Supervisor, Development Services Division • cc: Brad Hughes,Labrador Development D Thompson Arneta Henninger CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: AUGUST 14,2000 TO: GREGG ZIMMERMAN FROM: NEIL WATTS SUBJECT: LABRADOR FINAL PLAT We have recommended requesting Council approval of the plat on the August 218` agenda, since the project is substantially complete at this time. The next Council meeting is three weeks later, which would be an additional delay in the construction of new houses in this subdivision. This memo is a summary of the completed items, and the remaining items to clarify the term "substantially complete" for Council approval. The preliminary plat was approved with several conditions which have been met, or will be satisfied prior to recording of the plat. These conditions included compliance with geotechnical recommendations, erosion control measures, compliance with zoning requirements, creation of a home owners association, and payment of mitigtion fees. These conditions were either followed during the plat construction or will be completed prior to recording of the plat (payment of mitigation fees and establishing the home owners association). The Board of Public Works approved a deferral of the following items for this project: (1) sidewalks, (2) final lift of pavement, (3) street lights, and (4) hand rail along top of bridge parapet. Security for $260,000 has been posted to cover these deferred items. The remaining requirements for a final plat are completion of public works improvements, and approval of a final plat mylar by the Technical Services group. A summary of the status of these public works requirements follows. WATER Completed: The water mains for the plat are completed. They have passed both pressure and purity testing requirements. The pressure reduction vault has been completed and approved. One tie-in of the water main system has been completed. Remaining: Prior to Council Approval: The new meter for the house at 1221 N 26th St must be connected to the service line for the house. This work is expected to be completed this week. Prior to Recording: Second tie-in completed. Remaining meter setters placed for each new parcel. Prior to Release of Deferral Security: Final lid adjustment to final pavement grade. /is hkr 5 f0 prid) tO ✓eC- 5fve7, fli►qt 1i -pvial to Ire l .e l� 1 AUGUST 14, 2000 PAGE 2 SEWER Completed: The sewer mains have been completed and approved. The mains have been tested and TV'ed per City requirements. All side sewer stubs have been installed. Remaining: Prior to Release of Deferral Security: Adjust covers to match final grades. DRAINAGE Completed: All mains and catch basins have been completed. The two detention/water quality vaults have been completed. The outfalls have been completed. Remaining: Prior to Release of Deferral Security: Adjust covers to match final grades. Complete cleaning of entire system. STREETS Completed: Curbs, gutters and first lift of pavement have been completed throughout the project. Portions of the sidewalk have also been completed, including along Lake Washington Blvd N. Remaining: Prior to Recording: Completion of corrections on curb location along Lake Washington Blvd N. Installation of street name signs and stop signs. Prior to Release of Deferral Security: Final lift of pavement and sidewalks. N. 26th STREET EXTENSION Completed: Street pavement completed, except final lift of pavement. Landscaping along new slopes completed. Fencing along new street completed to block vehicle lights. Guardrail installed for safety purposes. Driveway connections (2) completed. Remaining: Prior to Recording: Revise lower driveway for gentler slope adjustment. Install handicap ramp per plan. Install additional curbing along south side of street for safety purposes. Verify that existing pavement width on N 26th east of project is 20 feet minimum in width. Prior to Release of Deferral Security: Provide final lift of pavement and adjust utility lids (including PRV) to match final pavement grade. STREET LIGHTING Completed: The light bases, conduit,junction boxes and cabinets have been installed. Remaining: Prior to Release of Deferral Security: Install light poles and light fixtures. Complete wiring. Install meter on cabinet. Energize the system. BRIDGE Completed: The bridge has been completed and approved per approved structural plans, within the footprint approved by ERC. Area remediation completed. Stream crossing per HPA permit for crossing. 0 AUGUST 14, 2000 PAGE 3 Remaining: Prior to Council Approval: Completion of the parapet along the sides of the bridge. This work is scheduled for this week. Prior to Release of Deferral Security: Installation of hand rails along top of parapet. FRANCHISE UTILITIES Completed: All services for power, gas, telephone and cable TV have been installed (underground) and stubbed to each new parcel. Remaining: None. GRADING Completed: All grading and compaction for installation of streets, drainage and utilities. Remaining: Prior to Recording: Completion of site grading per recently approved plan for entire site. All newly created slopes to be less than 40%. Perimeter fence to be completed along north boundary. Hydroseeding to be completed. TECHNICAL SERVICES Completed: First review comments on plat mylar prepared and returned to project engineer for revisions. Remaining: Prior to Recording: Final plat mylar corrected per review comments. Approval of final plat mylar by Technical Services. RECOMMENDATION Schedule final plat for Council approval on August 21 agenda. If the parapets for the bridge or the new meter connection to 1221 N 26th St are not completed by August 21, the final plat would be pulled off from the agenda and moved to the September 11 agenda. The final plat will not be recorded by PBPW Department until all the outstanding public works issues listed above are completed. The deferral security will not be released until the remaining deferred items are completed. CITY `)F RENTON ♦/ / mil`, .u. • Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor September 26, 2000 Mr. Bradley Hughes, General Manager Labrador Ventures, L.I.C. P.O. Box 3344 Kirkland, WA 98083 SUBJECT: Clover Creek Final Plat Approval Dear Mr. Hughes: Thank you for taking the time to meet with myself and Dan Thompson at the Clover Creek plat development site last week. The meeting helped me understand the problems you are facing in completing the construction for this preliminary plat. It is obvious that much of the street, drainage, lighting and utility improvements have been completed. However, there are still many items which must be completed before we can recommend approval to the fmal plat for this new subdivision. I strongly encourage that you continue to work with the project inspector, Dan Thompson, to complete the remaining construction items for this plat to satisfy the City's requirements for final plats. You commented that new items are continually'added to the list 'of incomplete items. The project has not reached a point in the construction where a final punchlist is appropriate or feasible. The many attempts to list incomplete items'for this project by City staff have been an attempt to correct larger areas of concern about incomplete or incorrectly built items. These correction notices have not been intended as a fmal comprehensive list of all remaining corrections for this project, nor is this letter intended to be such a final list. The items listed are significant areas of construction or SEPA conditions which must be fully completed prior to recording of this preliminary plat. After these various issues have been fully addressed, the City's project inspector will work with our Maintenance Division to develop a final punchlist of corrections to complete the construction requirements for the preliminary plat. A major uncompleted item is the satisfactory construction of the bridge. The bridge must be completed per approved structural plans, and certified as completed per approved plan by a structural engineer or appropriate structural inspector. We have received proposed revisions to the structural plans for completion of the bridge, and these revisions are now under review. Revised structural.plans must be approved prior to construction. Additionally, the plywood currently being used as a structural soil seal must be replaced with an appropriate permanent soil seat material and approved by a structural engineer. Your letter, dated September 22, 2000, stated that you met with Larry Fisher, of the Washington State Fish and Wildlife Department, to address the work in the vicinity of the creek. Your letter stated that Mr. Fisher was not requiring a HPA permit after the fact, and was satisfied with the work provided the temporary culvert was removed from the creek. We will need a written confirmation from the Washington State Fish and Wildlife Department 1055 South Grady Way-Renton,Washington 98055 This paper contains 50%recycled material.20%post consumer Bradley Hughes September 26,2000 Page 2 stating they are satisfied with the work that has occurred on this project, and that no further actions are required to meet their legal requirements for work within the creek area. On a related issue, there are several SEPA conditions for this project, which must be complied with prior to approval of the final plat. SEPA Condition 2a requires that, "The applicant shall provide a streambank and slope restoration plan for any portion of the ravine that is disturbed due to construction of the bridge crossing. The restoration plan shall be prepared by a Landscape Architect, botanist, or ecologist and approved by the City of Renton and the Washington State Fish and Wildlife Department prior to the issuance of construction permits ffor the restoration work]." This condition has not been satisfied at this time. The site has temporary erosion and sedimentation control measures in place in some areas of the site. SEPA Condition lb requires that, "The applicant shall engage a qualified engineering geologist to observe installation of all erosion and sedimentation measures at the site. The engineering geologist should make periodic visits to the site to observe site conditions and to verify the performance of the installations. Weekly reports on the status and condition of the erosion control plan with.any recommendations of change or revision to either maintenance schedules or installation shall be submitted by the project engineer of record to the Public Works Inspector." The project has not been in compliance with this requirement for some time. Weekly reports must be provided immediately as described in this condition, and the erosion and sedimentation measures for the site must be revised per the recommendations of the weekly reports. The grading plans submitted by Touma Engineers, dated September 11, 2000, are approved for construction and appear to create lots that comply with the requirements for legal building lots. The site, as currently graded, does not entirely conform to this plan, and should be graded to conform to this grading plan and hydroseeded. Please note that no grading or clearing is permitted for any pre-existing slopes steeper than 40%. Any new slopes that are steeper than 40% and over 15 feet in height become protected slopes and cannot be used for future development. The September 11, 2000, grading plan does not appear to conflict with either of these two code requirements. SEPA Condition if requires that, "The applicant shall provide cover for temporary cut slopes and soil stockpiles during periods of inactivity. Temporary cover may consist of durable plastic sheeting that is securely anchored to the ground surface or straw mulch. " The stockpile areas have not been covered as required and the project is, therefore, also in violation of this SEPA requirement. The damaged sections of curb, gutter and sidewalk throughout the project, as delineated by the City's project inspector must be removed and replaced. A thin coat of concrete over the top of these damaged areas is not appropriate repair for new street improvements, and will not be accepted by the City. Bradley Hughes September 26,2000 Page 3 The curb and gutter recently completed for this project along Lake Washington Blvd created a wide area of pavement between the new curb and the channelized portion of the street. It also placed a power pole in the pavement area,as well as the existing stop sign for north bound traffic. Our letter dated July 3,2000, agreed to the following solution: Install a new curb and gutter(per City standards) along the frontage of Lake Washington Blvd N adjacent to the existing bike lane, creating a five foot(5') wide bike lane adjacent to the new curb. This curb is to connect into the curb line along Burnett Avenue N. In addition,please note the following: 1. Remove the asphalt from between the two curb sections. 2. Fill the area between the two curb sections with fill material and top soil. 3. Hydroseed the area between the two curb sections. The above issues still have not been completed as directed, with the curb only moved to save the cost of relocating the power pole. The remainder of this curb and gutter section must be relocated as directed in the earlier letter. The outfalls from the two drainage detention facilities do not have adequate slope protection, and must be revised to provide slope protection. This work should be inspected and approved by the same geotechnical engineer providing the weekly erosion control plan reports. All construction debris, including concrete rubble, must be removed from the slopes adjacent to the creek as soon as possible. The final lift of pavement must be completed throughout the project, or a new deferral must be approved by the Board of Public Works for this work. In summary, while much of the construction required for this preliminary plat has been completed, there are many outstanding items remaining which prevent the approval and recording of the final plat for this development. These outstanding issues include, but are not limited to, completion of the bridge, written verification of compliance with the Fish and Wildlife Department, approved restoration plan, weekly erosion control reports, completion of site grading, covering stockpiled areas, replacement of damaged curb sections, slope protection of new outfalls, completion of proper curb location on Lake Washington Blvd and final pavement for all new streets. When the project is closer to completion, a final punchlist will be prepared for the project, and the corrections listed on the punchlist will need to be completed and approved prior to recording of the final plat. The project has too many uncompleted items for us to recommend Council approval of the final plat. We will continue to monitor the progress toward proper completion of the remaining items listed in this letter, and will proceed with recommending Council approval of the final plat when the project is near completion of the final punchlist items for the preliminary plat. It is my sincere hope that this will occur quickly, as we share your desire to allow the project to proceed to the next phase of building new houses. We can only do this if the outstanding construction items and SEPA conditions are appropriately addressed in a timely manner. Bradley Hughes September 26, 2000 Page 4 If you have further questions regarding the completion of this preliminary plat, you may contact Arneta Henninger, project manager, at (425)430-7298, or Dan Thompson, project inspector, at (206)999-1828. Sincerely, Gregg Z erman Planning/Building/Public Works Administrator cc: Kayren Kittrick, Acting Plan Review Supervisor Arneta Henninger, Engineering Specialist Dan Thompson, Field Engineering Specialist Jennifer Henning, Principal Planner DEVELOPMENT SERVICES CITY OF RENTON SEP 2 8 2000 RECEIVED 09./11/2000 11: 47 4252284499 LatiKALUK r-i c. u.L IAI1 OR F Ej 'T(JlE4, LL C. Ci- O REid. �� REaEND September 11,2000 S E P 1 2 2000 Mr. Gregg Zimmerman UILDIN DIVISION Administrator Building Planning and Public Works City of Renton,WA 1055 S. Grady Way Renton, WA 98055 (425)430-7311 (425)430-7241 fax re: WA 98-141 Dear Mr.Zimmerman, Thank you for your response. I would like to address your comments using you same comment numbers as references: 1)We will seek BPW deferral for completion of the bridge and the final lift of paving. There should be no reason for such deferral to be denied. Especially when the City holds security in excess of 300% of the amount necessary to complete the deferred improvements. 2) The bridge engineers met today with me and my cement contractor on site. We have now concurred on a plan that is feasible and have ordered the necessary components to be custom made. There is going to be a 2 week window for the coping sections to be pre-cast and cured. There will then be a 2 week window within which to get the remainder of the work done in the field. 3) DONE....Last meter box settings completed 9-8-2000. 4) DONE....Access road complete to both vaults(gravel being compacted 9-14-2000). 5) DONE....Grading complete per approved plan. 6) PENDING....Final lift of pavement is sought to be deferred as long as possible to allow for builders wear and tear. If required,we can pave at any time. 7) DONE....Curb at Lake Washington cleared by the inspector in the field. 8) PENDING....We should not remove the temporary culvert until the parapet wall is complete....even then, this task will take less than 2 hours to complete...all the prep work is done and debris cleared from the vicinity of the culvert....natural stream-bed has remained completely unaltered throughout construction. 9) FALSE ALLEGATION....There has not been any improper grading around the'`eagle perching tree" at any time during construction. The 3 fir trees in my own backyard PO Box 3344, Kirkland, WA 98083 Toll Free(877)LAB-RADO Tel (425) 228-5588 Fax (425)228-4499 i39/11/2000 11: 47 4252284499 LAIJKAUUK u� V LABRADOR YEMPU IEN, L.L.C. which were retained are in fine health and have been treated with kit gloves. An arborist report would serve no purpose. Even if a report concluded that the trees were going to die tomorrow,there is no condition in the preliminary plat pertinent to those trees,other than to retain them. The special language only applies to the eagle tree. 10)DONE....Damaged curb sections have either been replaced or repaired. As home construction continues,there will likely be other minor repairs that builders will need to make. This is normal. The deferral security amply guarantees any future repairs that should be paid by the developer. 11)PENDING....This tiny portion of roadway will be repaired simultaneous with the final lift of paving. 12) DONE....Sidewalks are complete per plans. 13) DONE....Streetlights are complete per plans. 14) DONE....Fire Hydrants are adjusted to final grade. 15) PENDING....Silt fencing is an ongoing mitigation measure for erosion control. We will be going throughout the plat this week to repair the fence in areas where it has failed. HYDROSEEDING the plat began last week and will be done in 2 days. 16) PENDING....Maintenance division walk-through awaits the connection to the water service. The inspector has not cleared the water department to make that connection. His reasoning for that remains a mystery to me that 1 would like to have cleared...with specifics. 17) PENDING....As-builts are complete an to tbe submitted gee engines ers monument Eo�sale andds. field work for same is being performedby cost-data inventory is a formality that is conducted concurrent with submittal of the mylars for the final plat The City of Renton holds$260,000 in security. The administration should recognize that we have been extremely co-operative. We are aware of the political sensitivity to the project as well. There is a point at which logic should prevail. We feel that point is now. In light of the security we have provided, we feel it would be an undue hardship for us to be denied council agenda any further. We need to record this plat and build homes without further delay. Respectfully, �� f Bradley K. Hughes, General Manager cc: Planning and Development Services; Neil Watts, Paul Lumbert, Kayren Kittrick PO Box 3344, Kirkland, WA 98083 Toll Free(877)LAB-RADO Tel (425)228-5588 Fax (425)228-4499 ' CITY of RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor September 7,2000 Mr.Bradley Hughes,General Manager Labrador Ventures,L.I.C. PO Box 3344, Kirkland,WA 98083 SUBJECT: CLOVER CREEK PLAT APPROVAL REQUEST Dear Mr.Hughes: Thank you for the attached letter. I have discussed the status of the subject plat improvements with Development Services Division staff,and have concluded that the plat is not ready for final approval at this time. There are several issues which need to be resolved/completed to the satisfaction of the City inspector before this plat can be approved and recorded. I have included for your use a quick list of some of the remaining items. 1. The BPW(Board of Public Works)granted a deferral which expired on Sept 1,2000. Therefore all project items must be completed prior to plat approval,or an extension/renewal of a deferral must be obtained from the BPW. 2. The bridge is not complete,including sidewalls on the approaches and the parapets on the sides of the bridge. 3. Water meter setters are not installed for all the new lots. 4. Access provisions have not been completed for the drainage vaults. 5. Grading per approved grading plan(has not been completed. 6. Final lift of pavement has not been completed. 7. Correct curb location on Lake Washington Blvd has not been completed. 8. Removal of the temporary culvert from the creek has not been accomplished,and evidence of completion of HPA permit conditions has not been provided. 9. Grading was improperly done around trees required to be saved. A report from an arborist is now required to address the long-term viability of these trees. 10. Damaged curb and gutter throughout the project must be replaced. 11. Pavement adjacent to the project on N 27th was damaged by illegal construction vehicles using the public street-this pavement must be replaced or overlayed. 12. Sidewalks must be finished. 13. Street lighting system must be completed and approved. Document2\cor 1055 South�� Grady Way- Renton,Washington 98055 /1/�;1 Thus nanny conlamns 50%recycled rnatenal,20%posl consumer September 7, 2000 Page 2 14. Fire hydrants must be adjusted to final grade. 15. Silt fence must be replaced immediately. 16. There are other punchlist requirements, including completion of maintenance division walk throughs of project. 17. Acceptable As-built drawings,bill of sale and cost data inventory must be submitted to the City. I am in hopes that these items can be taken care of in an expedient manner so that we will be able to proceed with the approval and recording of the Clover Creek plat. Thank you. Sincerely, • Gregg Zimmerman,Administrator Planning/Building/Public Works Department cc: Neil Watts Jennifer Henning DEVELOPMENT SERVICES CITY OF RENTON SEP 0 8 2000 RECEIVED Documcnt2\cor 4252284499 Li-12JKi-1LUR �j9/06/2000 10: 00 BRA O r p��,����// ,r RR VENTURES, L.L.C. September 6, 2000 Mr. Gregg Zimmerman Administrator Building Planning and Public Works City of Renton,WA 1055 S. Grady Way Renton, WA 98055 (425)430-7311 (425)430-7241 fax re: LUA 98-141 Dear Mr., Zimmerman, Labrador Ventures,LLC has essentially completed improvements on the preliminary plat known as: "Clover Creek". The City references our plat as: LUA 98-141. We were granted deferral on the items listed in attached"Schedule A". Only two items are left to be done from that list. The final lift of paving which is already under contract and can be done at virtually any time as we,or the City deems appropriate. It is always best to prolong the final lift as long as possible to mitigate wear and tear from construction vehicles. The other remaining item is the parapet wall above the bridge. We have waited to do this last because it requiresthe nd w tk b shut down to scheduled to begin on c during it's construction. This item is and 9-11-2000 and should take about 10 days to complete. The attached"Schedule A" lists the contract amounts to complete these last 2 items. The City already holds security from us in the amount of$260,000. This amount is more than twice the amount required by code and provides more than ample security to address any additional items that may arise in the field as per the project inspector. We continue to work with the Planning and Development Services Department to address a very short punchlist. Today the final tie-in to the water main is scheduled to occur. Hydroseeding of the entire plat is scheduled for 9-11-2000. All other items on the most recent punch list have either been completed or are addressed in the deferrals. Given these facts,we feel it appropriate that this project be sent immediately to City Council for final plat approval. We need to record this plat and build homes without further delay. Respectfully, Bradley K. Hughes, General Manager cc: Planning and Development Services; Neil Watts, Paul Lumbers, Kayren Kittrick nn {cirvignrl WA 98083 Toll Free(877)LAB-RADO Tel (425)228-5588 Fax (425)228-4499 09/06/2000 10: 00 4252284499 LA6KAUUK LABRADOR VENTURES, L.L.C. SCHEDULE"A" revised 9-6-00 IMPROVEMENT CONTRACT AMOUNT CONTRACTOR or EST. (or)CONDITION Including TAX CONTRACTING PARTY COMPLETION CITY SIDEWALKS PAID FINISHING EDGE, INC COMPLETE ROAD PAVING& $40,000.00 LAKERIDGE PAVING, INC 9-25-00 FINAL LIFT $3,440.00_ STREET LIGHTING PAID SIGNAL ELECTRIC, INC. COMPLETE GUARD RAIL& $30,000.00 CONCRETE ETC, INC 9-25-00 HAND RAIL FOR $2,580.00 PETERSEN BROS., INC BRIDGE aka: parapit wall LANDSCAPE & PAID LABRADOR LAND COMPANY COMPLETE OPTIONAL FENCE PAID SUB TOTAL $76,020.00 SCHEDULED COSTS x150% $114,030.00 I SECURITY AMOUNT • g fi q7‘ Pfl Rnx 1144 Kirkland. WA 98083 Toll Free(877)LAB-RADO Tcl (425)228-5588 Fax (425)228-4499 City of Renton InterOffice Memo To: Larry Warren,City Atto ey From: Arneta Henninger . Date:_ August 11,2000 Subject: CLOVER CREEK FINAL PLAT LUA 00-065FP Agenda Bill and Resolution Attached for your action is a copy of the Agenda Bill and a draft version Resolution for the Clover Creek Final Plat. The, proposed date for consideration by the Council is August 21,2000. A legal description and a vicinity map are attached for reference and your use. If I may be of assistance in expediting this request please call me at 430-7298. CC: Neil Watts CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: 08/09/00 TO: Sonja and Bob FROM: Arneta H.X7298 A/ SUBJECT: CLOVER CREEK(LABRADOR)LUA 00-065 The applicant has resubmitted a print of the plat drawing. He also submitted a copy of the Subdivision Guarantee. I am attaching a copy of his response to the previous review comments. Please review the project and comment. Thank You!! cc: Neil W. • Document2\ajh r TOUMA ENGINEERS & LAND SURVEYORS August 9, 2000 Arnetta Henninger G Development Services Specialist City of Renton AUG 0 2000 1055 South Grady Way Renton, WA 98055 I BOLDING DIVISION RE: Clover Creek Final Plat- Revisions LUA-00-065 FP Dear Arnetta: This is in response to items concerning the final plat approval outlined in your letter dated June 23, 2000. • The current land use action number and land record number were added on all sheets. • TCI CABLE was changed to AT&T CABLE in the easement block • All spelling error were corrected • Renton Survey Control monuments were added • The name to Lake Washington was revised • The curve data for C8, C9, C10 and C18 were added to the Curve Table • Bearing to center of curves were added as requested. • Distances and bearings were revised to indicate if measured or calculated or deed. Refer to Plat Notes Sheet 2. • Applicable notes were added to the north, south and east as to platted or unplatted properties. • The Restriction block was revised to separate the Native Growth Protection Easement and Restriction blocks. • The Surveyor's Certificate was revised. • Renton Monuments Cards will be submitted once the monuments are installed. • Lots 11 and 12 were removed from the quiet title decision arrived at the King County Superior Court Case No. 92-2-24469.1. 6632 S. 191st PI., Suite E-102, Kent,WA 98032 • Phone(425)251-0665 • Fax(425)251-0625 e-mail: mhtouma@aol.com Arnetta Henninger August 9, 2000 Clover Creek Final Plat • New Title Report, dated July 20, 2000, is enclosed correcting the legal descriptions and it adds Parcel 14. All easements noted on the last report is incorporated on the final plat. • All easements, agreements and covenants were noted to the drawings: • Recording numbers for 6595559, 6700767 and 6700777 were added to the drawing (Parcel 16) • Recording number 2799523 was released from PSE and removed from title report. • Recording number 6700783 affecting (Parcel 8) and recording number 6700787 affecting (Parcels 9 and 12) were added to the plat drawing. • Recording number 7505120513 was added to the drawing. However, this document requires release from the City of Renton. The owner will submit "Request for Release" for this document. • Recording numbers 8605161099 (Parcel 13), 8605161100 (Parcel 11) and 8605161101 (Parcel 3) were added to the drawings • Recording numbers,6700775 and 6700776 (Parcel 15) were added to the drawing. However, Rec. No. 6700776 need to be amended to remove portion affecting Parcel 15. The owner will submit"Request for Release" for this document • Recording number 170321affect the use of water flowing through stream. A Special Note was added to drawing. Refer to Sheet 2. • Recording numbers 780913772 and 3487123 affecting several parcels along the north portion of the property. These documents were noted on the drawing. • The gap of 2.0 feet between Parcels 13 and 14 appeared when the Marenakos exchanged access easement from the Petersons, under recording numbers 8605161099, 8605161100 and 8605161101.There is a survey performed by Fredrick Drakes Rec. No. 8410299008 which indicated Parcels 13 and 14 were owned by the same person. This was supported by a recent Deed recorded under Recording No. 9104181165 which it does not show the 2.0 gap. • The difference of 13.22 feet between Rec. Nos. 6333028 and 6425925 has no effect on the final plat. The same ownership. • The name Burnett Ct N. on Sheet 5 of 7 has been changed to Williams Ave. N. • Revsied Aquifer Protecdton Notice was added to Sheet 6 of 7. • Existing house on Lot 51 was noted on Sheet 6 of 7. • The Articles of Incorporation for the Clover Park Homeowners Association is being handled by the attorney of Labradors. Arnetta Henninger August 9, 2000 Clover Creek Final Plat • The access easement shown over Lot 17 was revised to as the word"Private" to the face of plat. • The Declaration of Covenant language was added to the face of the plat on Sheet 2 of 7. • The surveyor's title block was added to the all sheets. • A note was added for the perch tree as it related to the drip line and footprints of Lots 9 and 10. Refer to Sheet 4 of 7. • A note is added to protect trees on the formal lot 30 which is the west portion of new Lot 51. We are enclosing two copies of revised plat plus two copies of revised title report dated July 20, 2000. Please call me if you need additional information. incerely, Mo nir"TOM" Touma, PE/PLS CITY 1 _ _ i RENTON ..� Planning/Building/Public Works Department "Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator August 7,2000 Tom Touma • Touma Engineers Si Land Surveyors 6632 S 191st Place, Suite E-102 Kent,WA 98032 Subject: Clover Creek Preliminary Plat Dear Mr.Touma: • I have reviewed the grading plan submitted last week for the. above listed project, and cannot approve the plans as submitted. The corrections are as follows 1. No new slopes of 40% or steeper can be created for future development. The slopes are shown at 50 % in several portions of the plan. This is no longer permitted per recent Code changes to our Critical Areas Ordinance. 2. No grading will be permitted within the drip line of the eagle perching tree, or the three remaining fir trees on Lot 51: The grading must be revised on the plan to comply with this requirement,-and a note placed on the plan to reinforce this requirement. Any grading which has already occurred in violation of this requirement must be removed, without further damage to the trees or their root systems., ', 3. No grading is permitted into Tracts A or B. Grading is shown in these tracts adjacent to Lots 17, 21,44and45. 4. The sidewalk, curb and paving along Lake Washington Blvd are shown to be on private property. The sidewalk improvements must.be within public right-of-way,, which may require additional right-of-way dedication with the plat recording. Please address this concern in the revised grading plan. During a recent visit to the site I noticed several items which are either improperly constructed, or incomplete. I have discussed these issues with the project inspector, who agreed that these items need to be corrected prior to completion of the plat development. The following is only a partial \ list of incomplete items. Further corrections have been noted by the project inspector;-and will / - continue to be addressed through his inspection and eventual approval/disapproval of the project. • The new curb and gutter section along Burnett Av N/Lake Washington Blvd N is incomplete, and is unacceptable with the jog as constructed. The curb line must'be extended south adjacent to the bike lane,with no undefined paved area between the bike lane and the curb. • The lid for the PRV vault in N 26th St is too high'in the pavement area. The vault lid must be lowered to match pavement grade, or the pavement grade raised to' provide a smooth • adjustment between the lid and the surrounding pavement. 1055 South Grady Way-Renton,Washington 98055 Ica�. _ . • The drop off along the south side of the pavement on.N 261 St is a potential hazard, with no shoulder adjacent to the pavement edge. A concrete curb must be constructed along the south side of this street to prevent a car from accidentally driving a tire over the edge of the bank. - r • The westerly driveway on the south side of N 26th St is not acceptable as constructed. This curb cut is to be a standard concrete driveway curb cut. The entryway into this driveway is too steep along the south/east portion and must be extensively revised to provide a more even grade transition from N 26th St to the property line. This will require removing portions of the existing pavement and raising the grade of the driveway from N 26th St toward the property line. • The handicap ramp on the northeast corner of N 26th St and Park Av N was not constructed as required. • The parapets are still missing on the bridge structure. These items have not been addressed to date, and will continue to delay recording of the final plat. We are attempting to place the administration's request for approval of the final plat on the Council agenda for August 21s`. The project at this-point is substantially complete for sewer, water and drainage improvements. The approved Board of Public Works deferral covers many of the remaining.construction items, such as street improvements (curbs, paving, street lights, handicap ramps,driveway adjustments). Following approval of the final plat by Council (if obtained),there are still items to be completed before the plat will be recorded by the City. Water meter setters must be installed for the individual lots. Grading plans must be approved and grading completed and approved per approved plan. All plat mylar corrections must be made and approved by City staff. Any punch list items from the project inspector which are not covered by the deferral must be completed to the satisfaction of the inspector. Council approval does not mean that the plat can be recorded. It only means that you have substantially completed the improvements for the project, and that the preliminary plat conditions have been completed. If you have questions regarding these requirements, please contact the project manager, Ameta Henninger at 425-430-7298,or the project inspector,Dan Thompson,at 206-999-1828. Sincerely, Neil Watts,P.E. Plan Review Supervisor Development Services Division cc: Brad Hughes,Labrador Development Dan Thompson v-Arneta Henninger - _" CITY F RENTON IL. Planning/Building/Public Works Department Jesse Tanner,Mayor • Gregg Zimmerman P.E.;Administrator July 14,2000 Tom Touma Touma Engineers&Land Surveyors 6632 S 191st Place, Suite E-102 Kent,WA 98032 Subject: Clover Creek Preliminary Plat Grading Plan for Lots 49, 50 and 51 • • Dear Mr.Touma: I have reviewed the grading plan for the above-subject project, and cannot approve the plans as submitted. The grading plan for these'lots will not be approved until the plan is revised to show the correct improvements required for the extension of N 26th St. The work to date on this roadway is substantially incomplete or incorrect and will not be accepted by the City. Most of the items listed in our letter dated July 3, 2000,have not yet been addressed and continue to delay any progress on establishing a tentative schedule for Council approval of the final plat. The following items must be shown on the proposed grading plan prior to approval'for the grading: 1. The extension of N 26th St has been revised from the original plan to curve directly into the new section of Park Av N within the plat development, with the existing catch basin incorporated into the outer radius section of the curve. For safety reasons, this outer curve section must be improved with a concrete curb and gutter section per City Standards. The proposed guardrail shown on the plan at this location must also be installed and remain on the plan. 2. The driveway to the existing lower(westerly) driveway on N 26th St is connected into the lower portion of this,curved street section with a shared curb cut. The curb cut shall be a standard concrete curb cut as.part of the new curb and gutter. 3. The sidewalk on the east side of Park Av N.must be extended to the intersection with N 26th St. A handicap ramp is required on this side of the street. The new driveway/curb cut on the west side of the street will function as the companion ramp. 4. N 26th St must be paved to a minimum of 20 feet in width with a minimum of 4 inches of asphalt. All drainage on this street is to flow to the north curb line..No runoff is to flow off the south side of the street (as currently graded,and paved). This is to be clearly indicated on the plan. 5. A fence must be installed along the south side of the new street from the west end of the • existing hedge to ten feet east of the existing driveway. This fence shall be an attractive 1055 South Grady Way-Renton,Washington 98055 .sa�• ---_ . . . . . solid cedar fence (or approved equivalent-approval by the City of a specific design and fence type), four feet in height. The plans must be modified to clearly state the type and height of fence to be constructed at this location. 6. The ecology block wall on the south side of the street is to be either (a) removed and replaced with a Keystone block wall,(or approved equivalent—approval by the City of a specific design and wall type) or (b) be completely..covered along the west side of the ecology blocks with a solid cedar fence which extends 4 feet above the top of the blocks. The chosen alternative must be clearly shown on the plan. 7. The.fill material replaced below the temporary ecology block wall on the north side of the street is to'be promptly removed. This fill material is on private property, and the owner has not given approval for any work on their property. The damaged yard area on the property must be repaired and reseeded. 8. The temporary ecology block wall along the north side of the street must be removed and replaced with a Keystone block wall. Since the ecology blocks are at the property line, no alternative treatment with additional facing to cover the blocks is acceptable. The new Keystone block wall must be entirely within the public right-of-way, which is to be verified by the project surveyor: 9. Attractive landscaping is to be provided along the slopes on both sides of the new street extension. This landscaping shall be as follows (or approved equivalent - approval by the City of a specific landscape design and plant types) The top half of the slopes shall be planted with,Kinnikinnick at 30-inch spacing. The lower;half of the slopes shall be planted with Potentilla at 30-inch spacing. Only the area between the two driveways may be planted with ivy at 15"spacing. No ivy is to be placed elsewhere on either side of the street. These landscaping requirements for the sloped areas must be clearly stated on the plan. 10. A yard drain must be installed on the north side of the street at the base of the slope where the newly installed drainage pipe into the property along the north side of the street has been cut back to the property line. The yard drain must be shown on the plan. 11. The guardrail must be installed per approved plan along the north side of the roadway, which is shown on the plans. The slope begins behind the new guardrail, and should be no steeper than a 2:1 slope. The plan must be revised to correctly show the slope on the north side of the street with a new Keystone retaining wall and no intrusions onto private property.: 12. A new water meter must be provided and connected to the house at 1221 N 26th St. This is to be shown on the plan As previously stated, these items have not been addressed to date, and continue to delay any progress on establishing a tentative schedule for Council approval of the final plat. Be advised we have placed the processing of the final plat application on hold until the plans submitted are revised per_the above listed corrections. We are also waiting for a decision and associated grading plan for the rest of the site, and will need completion of the parapet construction for the bridge, as well as the other items listed on the July 3rd letter, prior to requesting approval of the final plat by City Council. The proper construction of N 26th St in an attractive, safe and functional manner is of key concern to the City and the community. We have listed very specific standards for acceptable completion of the new City street for this project. Without full compliance with these standards we will be unable to proceed with approval of the final plat application. If you have questions regarding these requirements,please contact either myself at 425-430-7278, or the project inspector, Dan Thompson,at 206-999-1828. Sincerely, Ak,i/va Neil Watts,P.E. Plan Review Supervisor Development Services Division cc: Brad Hughes,Labrador Development Dan Thompson Kayren Kittrick 6 VV ;y CITY < RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM DATE: July 13, 2000 CY1Y OF RENTON TO: Arneta Henninger JUL 14 2000 FROM: Lawrence J. Warren, City.Attorney }OLD NCB DI V k a+y6 m RE: Declaration of Covenants, Conditions and Restrictions - Clover Creek Plat (previously called Labrador) The Declaration of Covenants, Conditions and Restrictions is approved as to legal form and "satisfies;.the Examiner's condition in his report.of March 4, 1999. Lawrence J. Warren LJW:ma Eric. A8:174/58 cc: Jay Covington - Neil'Watts Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 (425)255-8678 This paper contains 50%recycled material,20%post consumer CITY F RENTON eel ;, Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 3,2000 Tom Touma • Touma Engineers&Land Surveyors 6632 S 191st Place, Suite E-102 Kent,WA 98032 Subject: Clover Creek Preliminary Plat . Dear Mr.Touma: There are still outstanding construction issues.. which must be addressed prior to staff recommending Council approval of the preliminary plat for this project. There'are currently four main areas of concern: (1) Curb location along Lake Washington Blvd N. (2) Completion of rough grading for the site prior-to .recording. (3) Completion of the water system. (4)Appropriate construction of NE 26th St extension to minimize impacts on adjacent properties. The curb and gutter recently completed for this project along Lake Washington Blvd creates a wide area of pavement between the new curb and the channelized portion of the street. It also leaves a power pole in the pavement area,as well as the existing stop sign for north bound traffic. The situation can be addressed as follows: ' 1.. Install a new curb and gutter(per City standards) along the frontage of Lake Washington Blvd N adjacent to the existing bike lane,creating a five foot wide bike lane adjacent to the new curb. This curb is to connect into the curb line along Burnett Av N. 2. Remove the asphalt from between the two curb sections. 3. Fill the area between the two curb sections with fill material and top soil. 4. Hydroseed the area between the two curb sections. • The,rough grading for the,site has not'been completed, and the contractor has asked for approval of grading which is not shown on an approved grading plan for the site., The grading will need to be completed as follows before approval of the final plat: 1. A revised grading plan for the site must be submitted to the City for review and approval. 2. The rough grading for the site must be completed per the approved plan.. 3. The majority of the site must be hydroseeded per City requirements. A small number(5- 7)of the new lots can be left,for more immediate development. . The water system for the plat development has not been completed, and is not included-in•the approved deferral for the final plat. The following items must be completed, as well as any corrections noted by the project inspector; 1. Water services must be provided to each proposed parcel in the plat. . 2. The water mains must pass pressure tests;be chlorinated,pass purity tests and be tied into the City system by City maintenance staff. ' 3. A new water meter must be provided and connected to the house at 1221 N 26th St. 4. As-built drawings must be prepared, submitted to the City and approved prior to recording of the plat. There has been discussion in the field on requirements to complete the extension of N 26th St for acceptance by the City. Most of these items have not been addressed to date, and continue to 1055 South/ � Grady Way. Renton,Washington 98055 • [Z7 This naner contains Sow,.recycled material-2noz nnst consumer • delay any progress on establishing a tentative schedule for Council approval of the final plat. The following items must be completed prior to any Council action on this final plat: 1. The extension of N 26th St will be revised from the approved plan to curve directly into the new section of Park Av N within the plat development, with the existing catch basin incorporated into the outer radius section of the curve. This outer curve section must be improved with a concrete curb and gutter section per City standards. . • 2: The driveway to the existing lower (westerly) driveway:on N 26th St will be connected into the lower portion of this curved street section with a shared curb cut. This curb cut will also provide access to the maintenance access roadway to the west. 3. N 26th St must be paved to a minimum of 20 feet in width with a minimum of 4 inches of asphalt. 4. A fence must be installed along the south side of the new street from the west end of the existing hedge to ten feet east of the existing driveway. This fence is to be a attractive solid cedar fence(or approved equivalent),four feet in height. 5. The two temporary,ecology block walls are to be removed and replaced with a Keystone block wall(or approved equivalent). . 6. The two existing driveways are to be paved from the new roadway pavement to existing paved driveway grades. Suitable drainage is to be provided for these driveway areas. 7. Attractive landscaping is to be providedalong the slopes on both sides of the new street extension. This landscaping:shall be as follows(or approved equivalent) —The top half of the slopes shall be planted with Kinnikinnick at 30 inch spacing. The lower half of the slopes shall be planted with Potentilla;at 30 inch spacing. The area between the two driveways shall be planted with ivy at 15"spacing. . 8. The newly installed drainage pipe into the property along the north side of the street must be cut back to the property line:; • 9. The damaged yard area on the property along the north side of the street must be repaired and reseeded. ;;~. .,x:....:;: -'= . 10. The guardrail must be installed per'approved plan along the north side of the roadway. 11.,A new water meter must be provided and Connected to the house at 1221 N 26th St. I apologize for the harsh tone'of this letter. I understand the urgency'of completing the final plat approval and recording process to allow,for the housing construction to start on this project. We share that goal, and are unable to proceed with the:final plat`'approval process without all of the above listed items being completed:' Hopefully, this blunt.-listing will facilitate the timely completion of these improvements,'and the approval arid recording of the plat. If you have questions regarding these requirements,please contact either myself at 425-430-7278, or the project inspector,Dan Thompson,at 206-999-1828. . Sincerely,' A)e.eiaj Neil Watts,P.E. Plan Review Supervisor Development Services Division cc: Brad Hughes,Labrador Development • Dan Thompson Kayren Kittrick ,. I/% CITY _V RENTON ,, Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • June 23, 2000 Tom Touma Touma Engineers 6632 South 191st Place, Ste E102 Kent, WA 98032 SUBJECT: CLOVER.CREEK FINAL PLAT 900 BLOCK N 27TH PL UTILITY COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS (RSTW 2820) C990372 LUA 00-065 ,. Dear Mr. Touma: Staff has reviewed the above-subject plat (also known as Labrador) and has made the following comments. Please note that there may be additional corrections as supplemental information becomes available.- Once all of the comments have been fully addressed please resubmit 3 bluelines. All of these items discussed below need to be completed. Please use this letter as a check list to keep your project moving smoothly through the City procedures. Construction Concerns: I will be working with the utility inspector, Dan Thompson, to insure that the project has installed ALL of the improvements, including street lighting and monuments as shown on the approved mylars, has a final walk through,and sign-off by the inspector. This includes any punchlist items from the inspector and/or the City - Maintenance Division. The construction permit for the project must be signed off by the inspector, Dan Thompson, prior to completing project close-out. As-Built Concerns: The construction permit plan mylars must be checked-out from the sixth floor public works counter and updated or replaced with a complete As-Built plan set. • All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by • a licensed surveyor or engineer. The mylars are labeled As-Built in large block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-Built drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all watermain, sanitary sewer, and storm drainage systems easements which shall be consistent with the As-Built location of the utility. Once the above have ,been addressed, submit three sets of As-Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order I will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. 1055 South Grady Way-Renton,Washington 98055 [Y7 ' Thic nanny rnntainc R.n/rorunlarl material 9I%n u nct rnncmar Labrador Plat LUA 00-065 C990372 Page 2 of 7 Construction Cost Data Concerns: At the same time the As-Built bluelines are submitted, the owner of the development or authorized agent shall supply the detailed construction cost of the public Water system, Sanitary Sewer System, Storm Drainage Systems, street improvements and street lighting on the Cost Data and Inventory Form (enclosed) and sign it at the bottom. .This form is to: reflect only those facilities that will be turned over to the City. An example of items that are NOT turned over are sidesewer stubs, water service lines and private storm drainage facilities. Return the original form to my office. The Bill of Sale (enclosed) is to reflect the items and quantities as shown on the Cost Data and Inventory form. Return the original form to my office. A maintenance bond is required in the amount of 10% of the grand total of the water, sewer, storm, street and street lighting costs as shown on the Cost Data Inventory form. A standard City of Renton maintenance bond form is enclosed. The permit bond will be released upon receipt and acceptance of the maintenance bond, of the above documentation and final sign-off by the inspector. I am aware that this project has received a deferral from the Board of Public Works. The deferral was granted for the street paving, street lights, landscaping, sidewalks and storm vaults with a completion date of September`-1,^2000. Hence many of the items listed in this section such as AsBuilt mylars, monument cards etc. that cannot be logically submitted at this time still need to be completed at the end of the deferral. Final Plat Recording Concerns: If you have any specific questions regarding`the;comments in this section of the review you may call Bob MacOnie at 425-430-7369. Note the current land use action'number and correct land record number, LUA-00-065-FP and LND-10-0336, respectively, on all drawing sheets in place of the numbers now shown. Change the reference from "ICI CABLE" to AT&T Cable in the "EASEMENT" block noted on Sheet 1 of 7. See the attachments for spelling errors. Show a direct tie to,the City of Renton Survey Control Network: Note that the street name for Lake Washington Blvd.. N. lacks the suffix "N." on Sheet 5 of 7. The curve data for C8, C9, C10 and C18 is missing from the Curve Table information block on Sheet 7 of 7. Said designated curves are noted on Sheet 5 of 7. Note the bearing to center at the intersections of the curve along the railroad right-of-way and the most easterly line and the southerly line of proposed Lot 48. Also note the bearing to center at the intersection of the southerly line of proposed Tract "A" and the northeasterly line of Lake Washington Blvd N. and at the intersection of the northerly line of North 27th PI and Lake Washington Blvd N. Labrador Plat LUA 00-065 • C990372 Page 3 of 7 Note discrepancies between bearings and distances or record and those measured or calculated, if any. . Note whether the properties to the north, south.and east of the subject plat are platted (give plat name and lot number) or unplatted. That, portion of the "RESTRICTION" block (Sheet 2 of.7) that deals with the Native Growth Protection Easements should be separated from said "RESTRICTION" block and titled as Native Growth Protection Easements. Provision for the separate recording number for the NGPE is not necessary as the language on the plat creates the easements upon recordation of the plat. Currently, 'a portion of the language that is the "Surveyor's Certificate" block has been inserted into the "Recording Certificate" block (Sheet 1 of 7). Revise both blocks as needed. Complete City of Renton Monument :-Cards with reference points for right-of-way monuments, or arrange for a deferral, with,a-letter from the stamping surveyor with an estimated cost for the completion of the plat monumentation. Were Lots 11 and 12, Block 1 1 `of,C:D "Hillman's Lake Washington Garden of Eden Add #1 included in the quiet title decision arrived at under King County Superior Court Cause No. 92-2-24469-1, or other action? If not,,then'the'northerly boundary line of the subject plat is shown incorrectly. The Subdivision Guarantee from Commonwealth Land Title Insurance Company, dated April 12, 2000, under Order No. H903072, omits any mention of Parcel 14 (out of 16 parcels). In addition, the copy of said title report that we reviewed lacked a Sheet 2, Sheet 3 and Sheet 12, and contained multiple copies of the legal descriptions of the other subject parcels. Additional easements have`.been recorded since the date of this guarantee (as noted on Sheets 5, 6 and 7 of. 7 of the .subject plat submittal). Provide an updated Subdivision Guarantee dated within'45 days of. City Council approval of the subject plat and have included in that document a title report-for Parcel 14 and all easements that have been recorded to date. Note all existing easements, agreements and covenants on the drawings. King County Rec. #6595559, #6700767 and #6700777 do not appear on what was original Parcel 16 (Sheet 7 of 7). • King County Recording # 2799523 affects Parcels 3, 10 and 15. King County Rec. # 6700783 affects Parcel 8. King County Rec. #6700787 affects Parcels 9 and 12. King County Rec. #7505120513 affects Parcel 10. King County Rec. #8605161099 affects Parcel 13. King County Rec. #8605161100 affects Parcel 11. King County Rec. # 8605161101 affects Parcel 3. ' King County Rec. #6700775 and #6700776 affect Parcel 15. King County Rec. #6595559 affects Parcel 16. King County Rec. # 6700767 and #6700777 also affect Parcel 16. In addition, there are reservations contained in a deed recorded under King County Rec. #170321, covenants imposed by a document recorded under King County Rec: #7809130772,and a notice affecting Parcel 3 as noted in King County Rec. #3487123. Labrador Plat LUA 00-065 C990372 Page 4 of 7 The above-mentioned recorded documents may not constitute a complete listing of those instruments that do not appear on the subject plat drawings, but are recorded against the underlying subject plat properties. There appears to be 'a gap of 2.0 feet between the Parcels 13'and 14 as described on Sheet 4 of 7 and per the legal descriptions included in the above-referenced subdivision guarantee; please. address. This comment was included in a previous review memo dated December 18, "1998. Also included in the above-mentioned memo dated December 18, 1998, is a comment regarding Item No. 19 under "Exceptions" of the subdivision guarantee that has not been addressed to date. The legal description for Parcel 12 (Sheet 3 of 7) is the sameas that noted within the subdivision guarantee document and both of these came from King County Rec. No. 6333028. The subdivision guarantee states that a later deed recorded under King County Rec. No. 6425925 did not correct the legal description of,said parcel. The latter deed added an additional 13.22 feet to the first call after reaching the true point of beginning. The revision to this" call appears to'be deliberate because all grantors to this Statutory Warranty Deed document initialed the change. What effect, if any, does this difference of 13.22 feet make to the plat.submittal? See the attachment for addressing information that -needs' to be noted in the spaces provided (Sheet 5 of 7). Note that "Burnett CT. N." (Sheet'5 ,of. 7) should be changed to Williams Ave N. per said attachment. See the Aquifer Protection Notice (attached) fora revision to the notice noted on Sheet 6 of 7. The existing house on proposed Lot 51 should be noted as such on the drawing (Sheet 6 of 7). The Articles of Incorporation for the " Clover Creek Homeowners Association and the Declaration of Covenants, Conditions and Restrictions documents do not contain a legal description of the subject property. Provide a reference to, and space for, the recording number of the covenants document on the plat submittal. Note that the access easement (shown over Lot 17 for the benefit of Lot 18 on Sheet 5 of 7).is "Private". Since the new lots created via this long plat are under common ownership at the time of recording, there can be no said access easement until such time as ownership of one of the lots is conveyed to another via .a conveying document. The conveying document needs to include a statement about together with and/or subject to specific easement rights. r � • Labrador Plat LUA 00-065 . C990372 Page 5 of 7 Also, add the. following Declaration of Covenant language on the face of the subject drawing, if the previous paragraph applies: DECLARATION OF COVENANT: The owner of the land embraced within this long plat, in return for the benefit to accrue from this subdivision, by signing hereon covenants and agrees to convey the beneficial interest in the new private easement shown on this long plat to any and all future purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this long plat. The surveyor's title block (company name, address, phone number, etc.) "should be noted on all drawing sheets. Project Concerns: The Codes, Covenants & Restrictions (CC&R's) submitted for review need to be amended to include language required by the Hearing Examiner (Condition No. 5) for the maintenance and repair of common plat property and improvements. Specifically, the CC&R's should address the stormwater detention facilities, and tracts of land - other than those sold as single family residential lots. Hearing Examiner (HEX) Condition No. 5.states: "The applicant shall establish.a homeowner's association or maintenance agreement for the maintenance and repair of any common'plat property or improvements. This includes the stormwater detention facilities and any tracts Of land created for purposes other than for sale as single family residential lots." .--/e„ With regard to the Native Growth Protection"Easement language shown on the face of the plat, the City Attorney should review this, and advise staff as to whether this language must also be included in the CC&R's. The language gives enforcement authority to the City of Renton. I'm not sure that we want or need to have this authority. Also, the NGPE should refer specifically to Tracts "A" and "B". 1 The approval of the Preliminary Plat (LUA-98-141,PP,R,V,ECF) was conditioned upon the applicant complying •with ERC and HEX conditions, plus three additional conditions added by the Council at their June 7, 1999 meeting. Those conditions are as follows: . • 1. The recording of language suggested by the State Department of Fish and Wildlife on the face of the final p/at for the protection of the eagle perching tree (as discussed in Steve Negri's letter of May 10, .1999). Labrador Plat LUA 00-065 C990372 Page6of7 NOTE: The agreed upon language is as follows: "Lots 18, 19, & 20 are buildable lots, however, no building footprints will lie within the drip line of the eagle perch tree. This large fir tree located in the southeast corner of Lot 19 may not be removed or altered in any way without an hazard tree assessment conducted by a'certified arborist and a.report submitted to an reviewed by the Washington Department of Fish and Wildlife (WDFWI prior to removal. Further, if this tree does become an active nest tree for bald eagles at some point in the future, WDFW will be notified and possible timing conditions on additional clearing and external construction maybe needed to avoid disturbance during the critical nesting season. NOTE: "Lots 18, 19 and 20"referenced in the condition correspond to Lots 8, 9 and 10 on the Final Plat map (see attached drawings). 2. Recording of language on the face of the final plat to protect a minimum of 50% of the stand of fir trees on what has been shown as proposed Lot 30 (the specific language should be drafted by staff and the City Attorney; NOTE: "Lot 30" is not the current correct reference to the area of concern. This condition refers to the area that equals the west half of Lot 51 (see attached drawings). As I understand it, the,trees have been cleared, and were not retained. We need to question the applicant about this. See,..the attached signed letter agreeing to the Condition. 3. A requirement to mark and protect around-:the drip lines of the eagle perch tree on Lot 19 and the trees that would be retained, on Lot 30, with bright colored construction fencing, prior to and throughout the duration of construction. NOTE: "Lot 19" on the former plans,is actually Lot .9 on the Final Plat drawing. "Lot 30" refers`to the west half of Lot 51 as shown on. the Final Plat map (see attached drawings). Fees: The applicant shall pay the Traffic Mitigation Fee of $43691.25 prior to the recording of the plat. The applicant:shall,pay the Parks Mitigation fee of $530.76 per new single family lot prior to the recording of the plat. The applicant shall pay the Fire Mitigation fee of $488 per new single family lot prior to the recording of the plat. Labrador Plat LUA 00-065 C990372 Page 7 of 7 General: A copy of the Articles of Incorporatoi8n, Bylaws and Declaration of Covenant, Conditions and Restrictions of the Homeowners Association has been sent to the.City Attorney office for review. I will let you know as soon as I receive the comments from his office. It is a team effort of all of the above City Divisions and you, your engineer, your contractor and your surveyor to get your'plat to final plat approval. If you have any questions, please contact me at 425-430-7298. I will be working with you and your contractor to bring both the construction process and the final plat process to closure. Please let me know if you find this letter a useful tool in managing your project. Thank you for your cooperation. Sincerely, wizrle./4 Arneta Henninger Engineering Specialist Development Services Division cc: Neil Watts Bob MacOnie File LUA00-065 CITY OF RENTON MEMORANDUM DATE: June 14, 2000 TO: Arneta Henninger FROM: Jennifer Toth Henning gik SUBJECT: Clover Creek Final Plat(aka: Labrador Plat) File No.LUA-00-065,FP I have reviewed the green folder materials for the Final Plat submittal and have the following comments. The Codes, Covenants & Restrictions (CC&R's) submitted for review need to be amended to include language required by the Hearing Examiner (Condition No. 5) for the maintenance and repair of common plat property and improvements. Specifically, the CC&R's should address the stormwater detention facilities, and tracts of land — other than those sold as single family residential lots. Hearing Examiner(HEX) Condition No. 5 states: "The applicant shall establish a homeowner's association or maintenance agreement for the maintenance and repair of any common plat property or improvements. This includes the stormwater detention facilities and any tracts of land created for purposes other than for sale as single family residential lots." With regard to the Native Growth Protection Easement language shown on the face of the plat, the City Attorney should review this, and advise staff as to whether this language must also be included in the CC&R's. The language gives enforcement authority to the City of Renton. I'm not sure that we want or need to have this authority. Also, the NGPE should refer specifically to Tracts "A" and"B". The approval of the Preliminary Plat (LUA-98-141,PP,R,V,ECF) was conditioned upon the applicant complying with ERC and HEX conditions, plus three additional conditions added by the Council at their June 7, 1999 meeting. Those conditions are as follows: 1. The recording of language suggested by the State Department of Fish and Wildlife on the face of the final plat for the protection of the eagle perching tree (as discussed in Steve Negri's letter of May 10, 1999). NOTE: The agreed upon language is as follows: "Lots 18, 19, &20 are buildable lots, however, no building footprints will lie within the drip line of the eagle perch tree. This large fir tree located in the southeast corner of Lot 19 may not be removed or altered in any way without an hazard tree assessment conducted by a certified arborist and a report submitted to an reviewed by the Washington Department of Fish and Wildlife (WDFT49 prior to removal. Further, if this tree does become an active nest tree for bald eagles at some point in the future, WDFW will be notified and possible timing H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\labrador final plat.doc\cor conditions on additional clearing and external construction may be needed to avoid disturbance during the critical nesting season." NOTE: "Lots 18, 19 and 20"referenced in the condition correspond to Lots 8,9 and 10 on the Final Plat map (see attached drawings). 2. Recording of language on the face of the final plat to protect a minimum of 50%of the stand of fir trees on what has been shown as proposed Lot 30 (the specific language should be drafted by staff and the City Attorney); NOTE: "Lot 30" is not the current correct reference to the area of concern. This condition refers to the area that equals the west half of Lot 51 (see attached drawings). As I understand it, the trees have been cleared, and were not retained. We need to question the applicant about this. See the attached signed letter agreeing to the condition. 3. A requirement to mark and protect around the drip lines of the eagle perch tree on Lot 19 and the trees that would be retained on Lot 30, with bright colored construction fencing, prior to and throughout the duration of construction. NOTE: "Lot 19" on the former plans is actually Lot 9 on the Final Plat drawing. "Lot 30" refers to the west half of Lot 51 as shown on the Final Plat map (see attached drawings). cc: Neil Watts,Plan Review Supervisor H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\labrador final plat.doc\cor EXCEPTIONS Order No. H903072 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads., avenues , lanes, ways or waterways COMMONWEALTH LAND TITLE INSURANCE CO. 14450 NE 29TH PLACE BELLEVUE, WA 980073697 TOUMA ENGINEERS COUNTERSIG D: 6632 S . 191ST PL. #E-102 KENT, WA 98032 1 / Attn : 2/1 By: -� TROY S - 425 646-3515 JU DSON - (425) 646-3514 FAX - (425) 646-3517 SCHEDULE A Subdivision Guarantee Order No . H903072 Liability: $-- - Premium: $- - - Customer No . - - - Tax: - -- Total : $- -- 1 . Name of Assured: TOM TOUMA AND TOUMA ENTERPRISES 2 . Date of Guarantee : J+gtY 2p`, 00 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE : That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land : See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in: LABRADOR VENTURES, LLC, a Washington limited liability company subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are shown by the public records . •EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $3 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 3 7 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent , November 1) Tax Account No. Year Billed Paid Balance 052305-9006-08 2000 $1 , 299 . 64 $649 . 82 $649 . 82 Total amount due, not including interest and penalty: $649 . 82 Levy Code : 2100 Assessed Value Land: $100 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 4 8 . GENERAL PROPERTY TAXES and SERVICE. CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9007-07 2000 $1 , 299 . 64 $649 . 82 $649 . 82 • Total amount due, not including interest and penalty: $649 . 82 • Levy Code : 2100 Assessed Value Land: $100, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 5 9 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1 ; 2nd half delinquent , November 1) Tax Account No . Year Billed Paid Balance 052305-9009-05 2000 $1, 377 . 27 $688 . 64 $688 . 63 Page 4 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $688 . 63 Levy Code : 2100 Assessed Value Land: $106, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 6 10 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9013-09 2000 $1, 454 . 98 $727 . 49 $727 . 49 Total amount due, not including interest and penalty: $727 . 49 Levy Code : 2100 Assessed Value Land: $112 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 7 11 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No . Year Billed Paid Balance 052305-9017-05 2000 $1, 532 . 60 $766 . 30 $766 . 30 Total amount due, not including interest and penalty: $766 . 30 Levy Code : 2100 Assessed Value Land: $118 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 8 12 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1 ; 2nd half delinquent , November 1) Tax Account No. Year Billed Paid Balance 052305-9018-04 2000 $484 . 52 $242 . 26 $242 . 26 Page 5 -EXCEPTIONS Order No . H903072 Total amount due, not including interest and penalty: $242 . 26 Levy Code : 2100 Assessed Value Land: $37 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 9 13 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9019-03 2000 $1, 752 . 44 $876 . 22 $876 . 22 Total amount due, not including interest and penalty: $876 . 22 Levy Code : 2100 Assessed Value Land: $112 , 000 . 00 • Assessed Value Improvements : $ 23 , 000 . 00 AFFECTS : Parcel 10 14 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9031-07 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 11 15 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1 ; 2nd half delinquent , November 1) Tax Account No. Year Billed Paid Balance 052305-9049-07 2000 $885 . 57 $442 . 79 $442 . 78 Page 6 EXCEPTIONS Order No . H903072 Total amount due, not including interest and penalty: $442 . 78 Levy Code : 2100 Assessed Value Land: $68 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 12 16 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9071-08 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 13 17 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9012-00 2000 $3 , 887 . 23 $1, 943 . 62 $1 , 943 . 61 Total amount due, not including interest and penalty: $1, 943 . 61 Levy Code : 2100 Assessed Value Land: $300, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 15 18 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9001-03 2000 $2 , 955 . 68 $1, 477 . 84 $1 , 477 . 84 Page 7 Total amount due, ' including interest and penalty: $1, 477 . 84 Levy Code : 2100 Assessed Value Land: $143 , 000 . 00 Assessed Value Improvements : $ 85, 000 . 00 AFFECTS : Parcel 16 19 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9068-03 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 14 , Except the east 165 . 24 feet, more or less 20 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent , May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9069-02 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : The east 60 feet of Parcel 14 21 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest , penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent , November 1) Tax Account No . Year Billed Paid Balance 052305-9070-09 2000 $18 . 79 $18 . 79 $0 . 00 Page 8 Page 9 'EXCEPTIONS Order No . H903072 28 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : City of Renton Purpose : Right of way for sewer line Area Affected: A portion of Parcel 8 Recorded : October 6, 1970 Recording No. : 6700783 29 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton Purpose : Right of way Area Affected: A portion of Parcels 9 and 12 and other property Recorded: October 6, 1970 Recording No . : 6700787 30 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Right of way for road Affects : West 15 feet of Parcel 10 Disclosed by: Instrument recorded under Recording Number 7505120513 31 . RESERVATIONS AND OTHER MATTERS contained in Deed recorded October 25, 1898 , King County Recording No. 170321, in Volume 231 , page 517 . 32 . COVENANTS, CONDITIONS AND RESTRICTIONS imposed by instrument recorded on September 13 , 1978 , under Recording No. 7809130772 . AFFECTS : Parcel 11 33 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Right of way for maintenance of sewer interceptor Affects : Parcel 11 Disclosed by: Instrument recorded under King County Recording No . 7809130772 v 34 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Roadway and utilities Area Affected: Parcel 13 Recorded: May 16, 1986 Recording No . : 8605161099 35 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Purpose : Roadway and utilities Area Affected: Parcel 11 and other property Recorded: May 16, 1986 Recording No. : 8605161100 Said easement may be merged with the legal title to Parcel 11 . Page 10 • 'EXCEPTIONS Order No . H903072 36 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Purpose : Roadway and utilities Area Affected: Parcel 3 Recorded: May 16, 1986 Recording No . : _ 8605161101 Said easement may be merged with the legal title of said premises . 37 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton Purpose : A utility easement 10 feet in width Area Affected: As described therein Parcel 15 Recorded: Not disclosed Recording No. : 6700775 and 6700776 ,"" 38 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, if any, disclosed by Survey recorded under King County Recording No. 8410299008 . RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 39 . Any change in the boundary or legal description of the land, or title to the estate insured, due to a shift or change in the course of an unnamed creek. 40 . Rights and easements of the public for commerce, navigation, recreation and fisheries . 41 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Roadway Area Affected: Easterly portion of said premises and other property Recorded: June 9, 1950 Recording No . : 4023743 AFFECTS : Parcel 16 42 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF . Purpose : Trim vegetation to a height of 8 feet Affects : The description contained therein is not sufficient to determine its exact location within the property herein described Disclosed by: Instrument recorded under King County Recording No. 6595559 AFFECTS : Parcel 16 Page 11 • EXCEPTIONS Order No. H903072 43 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton, a municipal corporation Purpose : Public utilities (including water and sewer) with necessary appurtenances Area Affected: Portion of said premises as described therein Recorded: October 6 , 1970 Recording No . : 6700767 AFFECTS : Parcel 16 44 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : City of Renton, a municipal corporation Purpose : Public utilities (including water and sewer) with necessary appurtenances Area Affected: Portion of said premises as described therein Recorded: October 6, 1970 Recording No. : 6700777 AFFECTS : Parcel 16 45 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : U. S . West Communications, Inc . , a Colorado corporation Purpose : A perpetual easement to construct , reconstruct, modify, change, add to, operate, maintain and remove such telecommunications facilities electrical facilities Area Affected: As constructed Recorded : January 18 , 2000 Recording No. : 20000118001281 AFFECTS : Parcel 12 46 . The legal description for Parcel 14 has been changed from the record legal description contained under King County Recording Nos . 1350490 , 2865086 and 2917246 . Said record legal description appear to contain overlaps and a survey of said premises would be necessary to determine the exact boundaries as recited in said deeds . The legal descriptions contained in said deeds also differs from the legal descriptions contained in the current King County Tax Rolls . Any closing instructions submitted to us must indicate that the legal description has been reviewed and approved by all parties to this transaction. 47 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Road Affects : Portion of Parcel 14 Disclosed by: Instrument recorded under King County Recording No . 1478436 Page 12 I • EXCEPTIONS Order No. H903072 48 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Established in Cause No. : 85-2-00831-6 Purpose : Ingress, egress, road improvements and utilities Area Affected: . Entire .parcel 49 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Established in Cause No. : 92-2-24469-1 Purpose : Easements for ingress and egress Area Affected: Entire parcel 50 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : U S West Communications, Inc . , a Colorado corporation Purpose : Telecommunications facilities, electrical facilities and appurtenances Area Affected: Parcel 14 Recorded: April 20 , 2000 Recording No . : 20000420000794 51 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : U S West Communications, Inc . , a Colorado corporation Purpose : Telecommunications facilities, electrical facilities and appurtenances Area Affected: Parcel 14 Recorded : April 20, 2000 Recording No. : 20000420000795 52 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : U S West Communications, Inc . , a Colorado corporation Purpose : Telecommunications facilities, electrical facilities and appurtenances Area Affected: Parcel 14 Recorded: April 20 , 2000 Recording No. : 20000420000796 FJG/cgg Page 13 4, CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 13, 2000 TO: Arneta Henninger and Rick Kokko FROM: Sonja J. FesserR SUBJECT: System Development Charges for Clover Creek Plat,LUA-00-065 I have completed the final review of system development charges for the above referenced plat and find that payments collected for water and wastewater,per C990372 and C990297,were based on 51 units. The correct number of units should be 49 for these two charges, due to the fact that there are existing houses on Lots 48 and 51 of said plat with water and sewer connections in place. Therefore, the overpayment is as follows: Water System Development Charge-2 X$850.00=$1,700.00 Wastewater System Development Charge—2 X$585.00= $1,170.00 The total amount due to be refunded is$2,870.00. Please refund the developer the amounts shown above. \H:\FILE.SYS\LND\10\0336\RV 000613.doc PROPERTY .SFD VICES FEE REVIEW FOR SUBDIVISIONS No. 98 -p,4.C1 . • APPLICANT: L46.' 51RA1=0=4 VE1`1I U1 Z 1 Ll_C CIE51= U 1-i1 tier-4. 3IVED FROM t Li. (date) JOB ADDRESS: 27 1N.-. .. c2 L-1C.11 44-} 1 LWL . ' Tl' WO# 7E3404 RTURE OF WORKS gA Ldc 1,1,1 L.4q JLA OI., $>l-.A") [ND# 10 - Q3.0� PRELIMINARY REVIEW OF SUBDIVISION B LONG PLAT, NEED MORE INFORMATION: ❑ LEGAL DESCRIPTIOI SHORT PLAT,BINDING SITE PLAN,ETC. 0 PID/'s ❑ VICINITY MAP 0 FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES 0 SQUARE FOOTAGE 0 OTHER PRELIMINARY FEE REVIEW DATED IZ/Ip)/qA ❑ FRONT FOOTAGE ❑ SUBJECT PROPERTY PARENT PID1 Z29650-IN''it)61Go A NEW KING CO. TAX ACCT.#(s)are required when 052305-gaol , -610o5'4t - 9004 ,-ciol2 .t-o- 9013, assigned by King County. -gore t-9019 , -9001 ) -9049 , -90Gsto -4071 It is the intent of this development fee analysts to put the developer/owner on notice,that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements(i.e.underground utilities,street improvements,etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. t ❑ The existing house one Lot l 32 :40,addressed as 1�17 ' 1 a 3 1.1. 28 . :5 has not previously paid WjFilgLlJt=, SDC fees,due to connection to City utilities prior to existance of SDC fee Or -SP Lotll g2 i 40 will be subject to future qswR SDC fees if triggering mechanisms are touched within current City Ordinances. ❑ We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. The following quoted fees do NOT include inspection fees, side sewer permits, r/w permit foes or the cost of water meters. SPECIAL ASSESSMENT DIS 1'RICT PARCEL METHOD OF ASSESSMENT ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement(pvt) WATER Latecomer Agreement(pvt)WASTEWATER Latecomer Agreement(pvt)OTHER Special Assessment District/WATER _ Special Assessment District/WASTEWATER Joint Use Agreement(METRO) , Local Improvement District ' Traffic Benefit Zones $75.00 PER TRIP,CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS J , SYSTEM DEVELOPMENT CHARGE-WATER 0 Estimated N OF UNITS/ SDC FEE 0 Pd Prey. 0 Partially Pd(Ltd Exemption) ❑ Never Pd SQ. FTG. 4 Single family residential$850/unit x - 4 roc51 Mobile home dwelling unit$680/unit in park 5l,ex00.o0 Apartment,Condo$510/unit not in CD or COR zones x �A��?. 4� �5c.), Commercialllndustrial, $0.113/sq. ft.of property(not less than$850.00)x C,3,?O4' Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER 0 Estimated ❑ Pd Prey. ❑ Partially Pd (Ltd Exemption) ❑ Never Pd Single family residential$585/unit x ,. ,( Y) -55/ Mobile home dwelling unit$468/unit x - -T-aBe:5--�4:::` - Apartment,Condo$350/unit not in CD or COR zones x C g�o;l 2cp g��,�7�� Commercial/Industrial$0.078/sq. ft.of property x(not less than $585.00) SYSTEM DEVELOPMENT CHARGE-SURFACEWATER 0 Estimated 0 Pd Prey. ❑ Partially Pd (Ltd Exemption) Cl Never Pd Single family residential and mobile home dwelling unit$385/unit x -¢-f- 5I CoV°°6') ��-7—'t. 0'e All other properties$0.129sq ft of new impervious area of property x , l-- acp--. (not less than$385.00) o PRELIMINARY TOTAL $ -j$�,• • 109;Zoo. o0 t ifr-cu J JIt O.p fh) I O/.e/9 a, ISignatur Rcfwing Authority DATE' `�A- J'-',s2'�'O'`-Pail J7-ALV1St I2/I8/g8 (t �❑ 'If subject property is within an LID, it is developers responsibility to check with the Finance Dept1'for paid/un-paid status.❑ Square footage figures are taken from the King County Assessor's map and are subject to change. =--r= ' t'v❑ Current City SDC fee charges apply tut t a70.c"„;'GHoU l� .-,C�N/r [JS_-.-U. .dq A�* of" uuJr7 (:= as114- , ) ►..rn.L. - .EVI AJ a/; �I �/cx964,9- MAY-24-2000 15: ,_.1 OF RENTOH 425 430 7300 F.U1/cV1 1..;1 1 Y vii .lcL' IN .& l_.PlN ..� Planning/Building/Public Works Department Gregg Zimmerman F.E.,Administrator Jesse tanner,Mayor soars amop. • May 24, 2000 Tom Touma 1'ounia Engineers &Land Surveyors 6632 S 1.91n Place, Suite E-102 Kent,WA 98032 Subject: Clover Creek Preliminary Plat Roadway Design for Extension of N 26th St Dear Mr.Touma: • During the initial grading for the extension of N 26th St west of Park Pi N, several problems have become apparent. These issues need to be addressed with a new detailed street improvement design for this section of new street. Issues which must be addressed in the redesign include the following: • The problem of greatest concern is the access to the existing driveways along the south side of the street. • The drainage runoff from the new street must not be directed into the existing driveways of the adjacent properties • The existing water service line to 1221 N 26th St must be replaced at an appropriate depth to allow for reasonable maintenance access. • The power poles and overhead wire spans must be relocated to provide sufficient clearance of the wires over the new roadway. • The slopes on the sides of the roadway can be no steeper than 2 to 1, or a retaining wall structure must be provided. Any regrading or other permanent improvements on the adjacent properties will require easements from the effected property owners. No work, construction staging or vehicle operation is to occur on the adjacent private properties without the written approval of the property owner, • Guardrails will be required along the edge of the roadway, especially the north side, due to the significant elevation drop adjacent to the new street. No additional work is to occur in this section of the project, other than activities to facilitate the reasonable use of this public right-of-way for the existing residents. The tie-in for the water main will not be completed until a suitable plan for this new street is submitted and approved by the City. Your prompt attention to this redesign will be greatly appreciated. If you have questions regarding these requirements, please contact either myself at 425-430-7278, or the project inspector, Dan Thompson, at 206-999-1828. Sincerely, Neil Watts, P.E. Plan Review Supervisor cc: Brad Hughes,Labrador Development Development Services Division Dan Thompson 1055 South Grady Way- Renton, Washington 98055 �F_ yBank IBANK NATIONAL 'ASSOCIATION "' ISSUE DATE: JUNE 21 , 2000 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER WSL092226 APPLICANT BENEFICIARY LABRADOR VENTURES, LLC CITY OF RENTON PO BOX 3344 BOARD OF PUBLIC WORKS KIRKLAND, WA 98083 1055 S. GRADY WAY RENTON, WA 98055 AMOUNT: EXPIRATION: JUNE 20, 2001 USD260,000.00 AT THE COUNTERS OF KEYBANK Two Hundred Sixty Thousand Dollars NATIONAL ASSOCIATION, INTERNATIONAL Only DIVISION, MS: WA 31-10-5260 700 FIFTH AVENUE, 52ND FLOOR SEATTLE, WASHINGTON 98104 We hereby issue our Irrevocable Standby Letter of Credit number WSL092226 for USD260,000 .00 (Two Hundred Sixty Thousand Dollars Only) . Credit is available with us by payment of draft( s) drawn at sight on KeyBank National Association, bearing this letter of credit number and accompanied by the documents detailed herein: 1 . Beneficiary' s statement purportedly signed by an authorized individual of City of Renton certifying "The Principal, Labrador Ventures LLC, has not performed or fulfilled all the undertakings, covenants and conditions in accordance with the terms of the agreement between Labrador Ventures LLC and City of Renton as related to Labrador Plat, LUA 98-141 , 2313 N. 28th Street, Renton, WA 98056 . " 2 . The original of this Letter of Credit and any subsequent amendments . Partial drawings are permitted. All banking charges other than those of KeyBank National Association are for account of the beneficiary. it is a condition of this Letter of Credit that it shall be automatically extended for additional periods of one year from the above stated expiry date any future expiry date unless at least ninety (90) days prior to such date we notify you in writing by any courier service that we have elected not to renew this Letter of Credit for such additional period. We hereby engage with the drawers of drafts drawn under and in compliance with the terms of this Credit that the same shall be duly honored on due presentation and delivery of documents as specified to KeyBank National iation, International Division, 700 Fifth Avenue, 52nd Floor, MS : WA-31-10-5260, Seattle, Washington 98104 on or before the expiration date. Continued on page two which forms an integral part of this Letter of Credit Number WSL092226 CY (0 MEMBER FDIC THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND FORM NO.92-7188X RE\ AUG-16-2000 09 23 NORTHWARD 425 747 4157 P.02/03 Roth Hill Et eering Partners, Inc. 14450 NE 19th Plae: 0 101 Bellevue,Washingtoi•98007 i I Ii l ��I' Tel 425.869.9440 Fax 475.869.1190 800.835,0292 April 24, 2000 City of Renton 1055 S. Grady Way Renton, WA 98055 Attn: Abdoul Gafour RE: Ernst development • • Water Availability •• • • Dear Mr. Gafour, Roth • Hill Engineering maintains the hydraulic model for W 2Q r District 90. At during their maximumection day conditions to the Paoli e 9 fire flow capacity ofgP • sed water system is capable of providing P . Ernst development. Please refer to the attached water availability letter for details. •• Sincerely, • ROTH HILL ENGINEERING PARTNERS, INC. • • • Keith Goss, P.E. Project Engineer • • cc: Les Piele,W D 90 Laurie Fulton, Roth Hill • • • • • • • • • • • • • • G\21\I01\2000 warm iv&I\Erna 2.dac AUG-16-2000 09:23 NORTHWARD 425 747 4157 P.03/03 flpr• 24 00 01 :D5P Is certificate provides thedc" - Department of Health and Please return tea iBuilding s zand Developnent BUILDING 6 LAND DEVELOI'•INENT ,— with information necessary tO •evaluate development proposals. 410 seminal/alien Building 5unle,Wnhme,oe 01104 24444.70m • KING COUNTY CERTIFICATE OF WATER AVAILABILITY rnot-writ. An ale Lox number name __ ❑ eu.ilding Permit a Preliminary plat or rUD Q Short Subdivision 0 Pocono cc other APPLICANT'S NAPE North Ward Pronerties PROPOSED usE 14 - lot auddiyieian LOCATION` t-w.cmpar of iatereection a 142nd Ave SE I SE 116th St. C-j: (Attach clap a legal description if necessary) I II N I I 0 0 I 1 II 0 (I R 0 ! A WATER PURVEYOR INFORMATION 1. a, (3 Water will be provided by service connection only to an existing water mein feet from the site. Oise • OR h. ® Water service will require en improvement to the water system of: ❑(1) feet of water main to reach the site, and/or ❑(2) the construction of a distribution system on the sitet and/or t (3) other (describe) Develozer $gtenetoo Agreement required. • 2. a. r The water system in in conformance with a County approved water comprehen9,;:ve plan. OR b. n The water eyetrm improvement will require a water comprehensive plan emanduont. 3. a. ® The proposed project ie within the corporate limits of the dietrict, or he: been granted Boundary Review Board approval for extension of service outside thrl dietrici or city, or in within the County approved service area of a private water :surveyor. OR b. Annexation or BBB approval will be necessary to provide service. 4. a. Water is/pt/yOW/04 available at the rate of flow and duration indicated below at no leas than 20 9si measured at the nearest fire hydrant Ann feet fF;m the 3°1af 0411/property (or as marked on the attached map) ; Rate of Flow Duration ❑ lace than S00 gpm (approx. gpml 0 lees than 1 hour D 500 to egg rpm ❑ 1 hour to 2 hours ....... . . 13 1000 gpm or•enra-• FOR 1g2 hours or more • Cl flow teat of qpm 0 other ❑ calculation of gpm (Commercial building Permits require rich' OR test or calculation) . b, l__)Water eyeten is net capable of providing fire flow. eoMmENTs/comb rrioNs, DE AnreemQpt reauised- Easements to District will be required. Water Availability is valid for 9Q days. I hereby certify that the above water purveyor information is true. Th.:,s certification shall be valid for pgrp/mar from date of signature. 90 days OU TY MR D T. El Robert Ruassll N gi¢natory 'Rams Agency ame . TOTAL P.03 City ot':.,;:.ton Department of Planning/Building/Publ.=. irks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: FAA,re. 14eVeVeri-On COMMENTS DUE: JUNE 13, 2000 APPLICATION NO: LUA-00-065,FP DATE CIRCULATED: MAY 30 2QQ0 APPLICANT: Labrador Land Company, LLC PROJECT MANAGER: A 1irCr h u U l5 PROJECT TITLE: Clover Creek Final Plat(formerly known as WORK ORDER NO: 7861 Labrador) MAY 3.� 1coo LOCATION: Lake Washington Blvd. North&North 27th Place;Section 5,23N Rng 5E 1 1 SITE AREA: 15.52 acres BUILDING AREA(gross): N/A OiTv nF RFNTON SUMMARY OF PROPOSAL: Final Plat application to divide 15.52 acres into 51 single-family t- '. •LE I1•.ARTME T. -r the installation of a watermain,sanitary sewer main,storm drainage,streets and lighting. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water _Light/Glare - Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet • B. POLICY-RELATED COMMENTS II / . C. CODE-RELIED COMMENTS 7li/ 1 MA.5 /1 We have rev wed this applicatio with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wherdditional informati n " needed to properly assess this proposal. a4,44, 6(/0 d Sigriatur of Director or Authoriz d R esentative Date Routine Rev.10/93 K (VY o ITY OF RENTON ti BOARD OF PUBLIC WORKS -Nc Jesse Tanner, Mayor ry May 18,2000 Bradley Hughes Labrador Ventures, L.L.C. P.O. Box 3344 Kirkland, WA 98083 SUBJECT: ON/OFF-SITE DEFERRAL LABRADOR PLAT,LUA 98-141 2313 N.28TH STREET,RENTON,WA 98056 Dear Mr.Hughes: The Board of Public Works met on Wednesday,May 10,2000,to consider your request for a deferral for the Labrador Plat. The Board voted to grant the deferral for street paving,street lights,landscaping, sidewalks,and storm vaults with a completion jib of September 1,2000, subject to the condition that the applicant shall provide a security device at 150%of the cost estimate of the improvements,which is$598,806.00. Be advised that the date the Board grants the deferral is the temporary effective date of the deferral,subject to the applicant providing said security device within 30 days,which would be June 17,2000. If the security device is accepted,the deferral then becomes permanent, subject to any other conditions placed by the Board. If you fail to submit an approved security device within the 30-day period,the deferral becomes null and void. A sample form is enclosed for your use. Please ensure that the effective date of the set aside is June 17,2000,with an open-ended expiration date to expire when the deferral improvements are installed and approved. Once the improvements have been installed,then written documentation shall be submitted for the record and the security device will subsequently be released. You may call Paul Lumbert, Board Coordinator,at(425)430-7304 if you have any questions or need additional information. Sin rely, / -"111111110.1114r . .- h ►st•nsen, A g ' .irman oard of Pu• • • orks cc: Board Members Paul Lumbert Neil Watts 1055 South Grady Way - Renton, Washington 98055 (425) 430-7204 Facsimile (425) 430-7241 H:\DIVISION.S\BPW\DEFERRAL\Labrador-defdoc\jw • BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, May 10, 2000 Conference Room No. 620 IN ATTENDANCE: Jana Hanson,Chairman Larry Meckling, Building Official Dave Christensen,Utilities Systems Jim Gray, Fire Prevention Dennis Gerber,Police Paul Lumbert,Board Coordinator Judy Walter,Acting Recording Secretary VISITORS: Jim Briere, Delta Excavating for Labador Plat Bradley Hughes,Labador Plat Fred Armstrong, Windwood Division II MINUTES 1. CALL TO ORDER: Chair Hanson called the meeting to order at 8:30 a.m. 2. APPROVAL OF MINUTES: Moved by Christensen,seconded by Gray to revise the meeting minutes dated April 19,2000 for the Neighborhood Grant Program by removing the Earlington Daffodil Project and Highlands Bulb Project from the right-of- way permit request. MOTION CARRIED. 3. REQUESTED ACTION: • ON/OFF-SITE DEFERRAL,LABRADOR PLAT,LUA 98-141, 2313 N.28th ST- applicant requests a deferral of code required plat improvements to complete recording of the plat. Action: Moved by Christensen,seconded by Gerber to grant the deferral for street paving, street lights, landscaping, sidewalks and storm vaults,with a completion time of September 1, 2000. Applicant shall provide a security device acceptable to the Board at 150%of the estimate cost of the improvements which is $598,806.00. MOTION CARRIED. • ON-SITE DEFERRAL,WINDWOOD PLAT DIV. II,5000 BLOCK of Quincy Ave.N.E.- applicant requests a deferral of sidewalks and final lift of asphalt to complete recording of Division II of the plat. Action: Moved by Christensen,seconded by Gerber to grant the deferral for sidewalks and final lift of asphalt with a completion time prior to September 15, 2000. The applicant shall furnish a security device in the amount of$75,683.00 which is 150%of the estimated cost. MOTION CARRIED. Board of Public Works May 10,2000 Page 2 • RIGHT-OF-WAY USE PERMIT,WALKER'S RENTON SUBARU, Rainier Av. S. & S.3rd St.- applicant request a revocable permit to use a section of unused public right-of-way. Action: No action was taken. The Board made the determination to remove this item from the agenda because the applicant is requesting landscaping which is not required. • RIGHT-OF-WAY USE PERMIT,TOMMY FERRER,R-0041,2920 N.E. 4th - disposition of right-of-way property that appears to be abandoned. Action: Moved by Christensen,seconded by Gerber to send correspondence by registered mail. MOTION CARRIED. 4. ADJOURNMENT: Chair Hanson adjourned the meeting at 8:50 a.m. 3 LI 0 • _ . • f R . C' O a ti.5. arr-7.,,..ar.. �•tnr.�.'q-„,—�'.V,. L,_4r,m,. .Gt'..f0.`r. ...... '.it-M .... , «tNx,. ..� .„ w4,y TRANSPQRTATT l\I ��'{'((j�i/(`1 rcrF`T;'yj-GATT /yX�j'{yy��Je( •;:, t t:4-. '[';' /:„,S.'M>.n.-: %.4.w --;,.4 YI.. ..rMv ......y..gl . ..4~ ,VtL+\ • Project Name I- A 6 r a cloy Pia( Project Address 2700 Lukcc (Vast 1. 13/tid/ at/ire#Av IV • Contact Person To wl I Duwta Address Phone Number (425)- Z51 - 0665 • Permit Number QUA - 6N - 114) Project Description 3 Ivy Similt aim, /7 toi T ) u.JZ% �uro fi�,;f, becu.ti. Land Use/Type: • Method o) Calculation: Ld Residential EB ITE Trip Generation Manual ❑ Retail 0 Traffic Study RaIc : �t.55 ❑ Non-retail 0 Other �^ tioc�e ' Calculation: �Je yaw 1 v its =� ( �3 -Z) ( 1. 5 5 ) - 5 ti I iti �✓' S At $ 75 pi duly trip . . re0i IC( G ( $75) (_54 5 ) _ Z5 51 I 35� , • d g6.26 j Tom„ ; 6 'sClef 11 fl, �f 1p..) = Transportation Mitigation� l , J - Fee:t/1 Calculated by: 1 Date: IL7G %I �� /aiod Account Number: • 105. 5QR, 31W, 70• 00. Date of Payment • qg- 141 , � b0_ ae5t FP BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, May 10,2000 Conference Room No. 620 IN ATTENDANCE: Jana Hanson,Chairman Larry Meckling,Building Official Dave Christensen,Utilities Systems Jim Gray,Fire Prevention Dennis Gerber,Police Paul Lumbert,Board Coordinator Judy Walter,Acting Recording Secretary VISITORS: Jim Briere, Delta Excavating for Labador Plat Bradley Hughes,Labador Plat Fred Armstrong,Windwood Division II MINUTES 1. CALL TO ORDER: Chair Hanson called the meeting to order at 8:30 a.m. 2. APPROVAL OF MINUTES: Moved by Christensen,seconded by Gray to revise the meeting minutes dated April 19, 2000 for the Neighborhood Grant Program by removing the Earlington Daffodil Project and Highlands Bulb Project from the right-of- way permit request. MOTION CARRIED. 3. REQUESTED ACTION: • ON/OFF-SITE DEFERRAL,LABRADOR PLAT,LUA 98-141, 2313 N.28th ST- applicant requests a deferral of code required plat improvements to complete recording of the plat. Action: Moved by Christensen,seconded by Gerber to grant the deferral for street paving, street lights, landscaping, sidewalks and storm vaults,with a completion time of September 1,2000. Applicant shall provide a security device acceptable to the Board at 150% of the estimate cost of the improvements which is $598,806.00. MOTION CARRIED. • ON-SITE DEFERRAL,WINDWOOD PLAT DIV. II,5000 BLOCK of Quincy Ave. N.E.- applicant requests a deferral of sidewalks and final lift of asphalt to complete recording of Division II of the plat. Action: Moved by Christensen,seconded by Gerber to grant the deferral for sidewalks and final lift of asphalt with a completion time prior to September 15, 2000. The applicant shall furnish a security device in the amount of$75,683.00 which is 150%of the estimated cost. MOTION CARRIED. CITY ►F RENTON t-*, DAL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 30, 2000 Mr. Tom Touma Touma Engineers 6632 South 191st Place, Suite E102 Kent,WA 98032 SUBJECT: Clover Creek Final Plat Project No. LUA-00-065,FP Dear Mr.Touma: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at(425)430-7298, if you have any questions. Sincerely, - Arneta Henninger Project Manager cc: Labrador Land Company, LLC/Owners Acccptanco 1055 South Grady Way-Renton, Washington 98055 P Sre�i.t.:f.. . . ,•.......,,��_:�"' 2E''��'�, t Y wlErw'+R'L.ioRu 2:::: :1:: :i,;:i:;:::::::::::i:> : ":k: ::::.::ii::::R:q;::<,:ci::i::..y,::::::.::::..::.::.i'srT:.:::;:i:::f :: :�::::: ::i:R:: H:.•••••••••:::i:::::::;:r::::: ::::::i::i* }.i::.:::Y::::: Y:::: :::::»:::i:::::: :::::::ii::::: YO.F.R NTON:.::<::<:<:<:>::>::::>::<::::::>:::::: .:;.;:: :.:.::.>';: ::..;:.;;:. ;.: . :.:.: :;. :.;:i:::::ii'::i::; i"cL 11h V '..1.11.1.11.!RI:11111111,11119115.11!litillifiligi.i.:i :.i t;:::.:tii:>is ii: :;is::>:::•:55:�>?:::::: i >::i::;:;:i;:i':i:::#:` y,:: I --.'"''''''"'""'""'"'":"::::::::"":::::"",:i0,*i*,*i*,,,:x*'%*.:**i*:::*:":,:::*i,i,::: ..:,;:.....,,.........:.:<:' ...,.',.....:......::..........:''.:.:..:....:;`,:......;......;niori, : ,::' # : : ` : 2s';::: :'># si ::::: `i :r'� aiii <' '':':`sj'.'i`�}'..�•�:::...•.''` ' `: `� u;;; 5:: !�`}..,``:.,....'ii ':':..''':?:'.:::2`'�.�:.• ': _ � "' ?> i<ii `'':i`�`i `'":i' '`f'� c<ii``' �':.''''`` ''''''` ,„,g„„0.,,,,,,ii!immungssiiiiiimmipsitiook: ..:...::.:. .:.:: ::::::::ii.: :.:isi::::i:::. ::.:::is . :: :� : ::.:,::::.::.::: .:isi::is:::::::::.:i:::.::::.::::::: : . ... .. ....... . RT. O NER s ....... ................... ::::< :::::::::is::::::::::::::::::::::::::::• ::.:...:... :.:. .:: :::: : .:•:.�. .:::..::.................................:....:.: : :.::::: .:.:: :: : ...........................................:..........::1'::INF.ORM�4TI.ON:.:.::::::::::::.:;:;::.;::::.:'::::. Notb:::i:If:;thera I'9;:r'm Or,.e.thnit:i. �Apol;;bW»OI p.tiii4 Btt9Cli;,art fld itifYifl hotiiiiiBdMeatbr:rAaliaiiiort fot'.:bb6h;bViinet. ......... PROJECT OR DEVELOPMENT NAME: NAME: Labrador Land Company, LLC Clover Creek Final Plat PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: P. O. Box 3344 , 27xx Lake Washington Blvd • CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): Kirkland 98083-3344 229650-156 to 160;0523059001 - 9005-99009,9012-9013,9018-9019, TELEPHONE NUMBER: . EXS0rIG 1I9648s'E?S?6 8 &9 0 71 425-228-5588 Single Family : PPLICANT (if other than ,owner) . PROPOSED LAND USES: NAME: Single Family COMPANY(if applicable): • EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential CITY: ZIP: EXISTING ZONING: • DE:VIULOY Q�FI��ON ING R-8 and R-1 TELEPHONE NUMBER: PROPOSED ZONING (if applicable): MAY 2 4 2000 t :>::::..:::::.. .:. <::.:�:;:::;;: COI'11.TACY'p;E1iSON>:<:i><>::::i ::>:i>:<:>::>i:ii::i:::::>i::: i::;::. R-8 and R-1 l• 9 Ir ' SITE AREA (SQ. FT. OR ACREAGE): NAME: Tom Touma 15 .87 Acres COMPANY(if applicable): PROJECT VALUE: 7 Touma Engineers ADDRESS: 6632 S. 191 Place, Ste E1 02 IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? Yes, Zone 2 CITY: Kent ZIP: 98032 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? TELEPHONE NUMBER: No 425-251 -0665 ::.'.::i:'viii::::vp' iv:.$nip:it:;L.;!:::,'r:+.4;:y.+•;:•�;;:•::: :i:i''"�::::{::::::}�:::':':;;:yi3.`i:::;>::�:%";:':;:+i; ::::i:•`:._;:::v::?j;:; y:::j<:;:;>:y;:"' :+:: ::i;:Y+:y<::::::::;+:i`i. ......... GAL. :: «: U.ES P.7L:O.N ;IJ0:::00....OP.ERT:Y:.. tsah•<s. ra::.:�.:;.:::::.:.� ........................... .... ... At te..:sh.e.et..,f..�lc.cessar.. :>:>::::»::::>:<:::::>:::<�>: :>:::;::::>: See Attachments , . • • 0 . O TI P �1.PN� f` iii:iii:a''t�;,i�'i ir'3;{.:?i'£`'?i:iiii3:!';.;:.,i;:;+.;•;i �?� "b ...............ap "ss i .1.1.... .k<�.. .t�. eS..t 4t;. ..:..,...'I�" ,IC , :�:� .:f,.:>vv'"II'�•`' _ ANNEXATION $ SUBDIVISION: • • $ • _ COMP. PLAN AMENDMENT _ REZONE $ _ LOT LINE ADJUSTMENT _ SPECIAL PERMIT $ _$ _ SHORT PLAT $ _TEMPORARY PERMIT TENTATIVE PLAT $ _ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ — SITE PLAN APPROVAL $ _ FINAL PLAT $ '0pU�i _ GRADE &FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: ) _ PRELIMINARY _WAIVER $ $ FINAL _WETLAND PERMIT _ ROUTINE VEGETATION $ MOBILE HOME PARKS: $ MANAGEMENT PERMIT • _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ $ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE _ EXEMPTION $No Charae ENVIRONMENTAL REVIEW $ • — REVISION • $ :.:::.:. ..::::.::.:•..:::.:::.:::.;:::.;;:.;.;::.::;:•:::;:.::.::;. E A IT OF OW E ............ I, (Print Nome) Bradley K.HUCJYl��lare that I am(please check one)_the owner of the property involved in this application,_the authorized representative to act for the property owner(please attach proof of authorization), end that the foregoing statements and answers herein contained end the information herewith submitted ere(in all respects true and correct to the best of my knowledge end belief. • `illX10. 1"&17 ,e45 [LC ,, ley/f,/� s ATTEST: Subscribed end sworn to before me a,Notary Public in and for the State of wbedps'�i -residing et �� -en {Na f 0 ner/R a ntative) GENE/l/1L WA Q , on the /9M 1b ) TOUMA - �TA�E OF NfASHINGTOPULIC kut. N �./A NOTARY - B ( Ignature of w er/Representative) -€ Pti � -01dMISSION EXPIRES8-09-03 ( re of Notary Public) • '(Th s sec .......:>:::>::»:<::;:>:>>::>>:::' <:::'.. .. .. n.t .b .com lefeil b`:>Cit'•:S"a... . `; ;::' :`:>::'>>>�>>>`�:>:s:; ;� ;; »>`> > <>:'��:;,:: ....:... . t ::F).e.:Nurnber.::.. . :.�:.::.�:.;::<:>::>;;;.:;:.A :AAD_>:::::.8 <:: _: Y.:...........:.:...:.......::::. .IA....t - ... .............::..........:::.::....SP: C,�P.S:::::;CAP;;U:;:.;:..CP..A.:::.CU-A.> CU-. ::,::.* .; ., Viii.;.::: .;.::.: .:: . . . ......FP.....P.......R:.MP......S.A.:.A;::::SA.:H::::::SHPL;:A;<.::SHPL-H::: ::.SP.;.;SM;:::;.:SME::«:>TP V-A:<:>:::>V-6:<::'<V-H :>:.W. • ... ... .. .. : : 7AL'0?;i 5`>s:: '>;1`:<; :> ;: :;:':<:>> .i ?OTAL''POTAGE PROVIDED :'.< : : :`;;;:: :;>;<::<: »`:: :::::: :.: MASTERAP.DOC REVISED 8/97 _ ATTACHMENT LEGAL DESCRIPTIONS PARCEL 1 The north 123.12 feet as measured at right angles to the north line.of Tract 30 and All of Tract 31,Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington. PARCEL 2 The west 100.00 feet as measured at right angles to the west line of Tract 30,Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington;EXCEPT the north 123.12 feet as measured at right angles to the north line of said Tract 30,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County,Washington. PARCEL 3 That portion of Government Lot 1,lying within the north 20 feet of the west 1042.7 feet of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington;EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. PARCEL 4 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats, page 63,in King County, Washington,extended,intersects the north line of said Section;thence south 89 degrees west along the north line of said Section, 168.8 feet to the true point of beginning;thence south 391.4 feet to the north line of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington;thence south 89 degrees west, 112.5 feet;thence north 391.4 feet;thence east 112.5 feet to the point of beginning;EXCEPT the north 30 feet thereof lying within the County Road;EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed recorded under Recording Number 2882752. PARCEL 5 Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington;thence south 85.4 feet,more or less,to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington;thence along said plat line south 89 degrees west, 425 feet,more or less,to the angle corner of said Plat;thence along said plat line south 45 degrees west, 356 feet,more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet,more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east,410 feet,more or less,to a point which is south 89 degrees west from the true point of beginning;thence north 89 degrees east,456 feet, more or less,to the point of beginning;EXCEPT that portion lying easterly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5, Township 23 North,Range 5 East, W.M.,in King County,Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 3,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. • PARCEL 6 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point where the easterly line of Hillman's Boulevard(104th Avenue Southeast),as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,extended could intersect the north line of said Section 5; thence running along said north line,north 89 degrees 03 minutes 45 seconds west, 168.8 feet;thence south 98.0 feet to the centerline of an existing stream and the true point of beginning;thence continuing south 293.67 feet to the north line of Eldon Acres Tracts;thence south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet;thence north 205.9 feet to the centerline of said stream;thence northwesterly following centerline 194 feet, more or less,to the true point of beginning;EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,where the easterly line of Hillman Boulevard,as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63, in King County, Washington,would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west,King County Aerial Survey Meridian);thence south I degree 02 minutes 55 seconds west, a distance of 184.8 feet,more or less to the centerline of creek, said point being the north end of the line between Marenakos and Stride;thence continuing south I degree 02 minutes 55 seconds west, a distance of 206.95 feet,more or less,to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240.5 feet; thence south 40 degrees east, 160 feet;thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west, 228 feet to the true point of beginning;EXCEPT the following described tract:Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning of the tract herein described;thence south 89 degrees west, 254.5 feet;thence south 20 degrees east, 240.5 feet;thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less,to a point south of the true point of beginning;thence north to the true point of beginning. ALSO KNOWN AS Lot 2,City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 8 Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from the northwest corner of Section 5, Township 23 North,Range 5 East, W.M.,in King County,Washington;thence south 276 feet; thence north 89 degrees east,228 feet;thence north 276 feet;thence south 89 degrees west,228 feet to beginning;TOGETHER WITH the following described parcel: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington;thence south 85.4 feet, more or less,to the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington;thence along said plat line south 89 degrees west,425 feet, more or less,to the angle corner of said Plat;thence along said plat line, south 45 degrees west, 356 feet, more or less,to the easterly line of Lake Washington Boulevard;thence northwesterly along said Boulevard line,75 feet,more or less,to a point on a line which is parallel with and 75 feet northwesterly from said plat line;thence north 45 degrees east 410 feet, more or less,to a point which is south 89 degrees west from the point of beginning;thence north 89 degrees east,456 feet, more or less,to the point of beginning;EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east,812.5 feet from the northwest corner of Section 5, Township 23 North,Range 5 East,W.M.,in King County, Washington;thence south to intersect with the north line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86,in King County, Washington and the terminus of said line.ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85,recorded under Recording Number 8602139002. PARCEL 9 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats, • page 63,in King County, Washington,with the north line of said Section 5;thence west along the north line of said Section, 168.8 feet to the true point of beginning of the tract herein described;thence east along said north line, 60 feet;thence south to the centerline of creek;thence westerly along said centerline to a point south of the true point of beginning;thence north to the true point of beginning;EXCEPTING the north 30 feet thereof for road. PARCEL 10 That portion of the northwest quarter of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,described as follows: Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5;thence north 89 degrees east,554.5 feet to the true point of beginning described;thence south 89 degrees west,254.5 feet; thence south 20 degrees east,240.5 feet;thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning;thence north to the true point of beginning. PARCEL 11 The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 feet of Government Lot 1, Section 5, Township 23 North,Range 5 East, W.M.,in King County,Washington. PARCEL 12 That portion of Government Lot 1, Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,described as follows: Beginning at the intersection of the easterly margin of Hillman's Boulevard"104th Avenue Southeast",as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to the City of Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County, Washington,prolongated southerly with the north line of said Section 5;thence west along said north line,25 feet to the true point of beginning of this description; thence west 83.80 feet;thence south at right angles to the north line of said Section 5 to the centerline of a stream, said centerline being the north line of a tract of land conveyed to James L.Marenakos and Georgia Marenakos,his wife,by deed recorded under Recording Number 5109221;thence easterly along said centerline to a point south of the true point of beginning,as measured at right angles to the north line of said Section 5;thence north to the true point of beginning;EXCEPT the north 20 feet thereof. PARCEL 13 The east 108.8 feet of the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the south 10 feet of the east 108.8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section;TOGETHER WITH an easement for ingress,egress and utilities over the following described parcel:The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East,W.M.,in King County, Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the east 110.8 feet thereof;EXCEPT that portion lying within the north 20 feet of the west 1042.7 feet of said Section;ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington,lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard (104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Road;EXCEPT the east 110.8 feet thereof;ALSO EXCEPT that portion lying within the north 20 feet of the west 1,042.7 feet of said Section;ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5,Township 23 North,Range 5 East, W.M.,in King County,Washington;thence north 89 degrees east 300 feet;thence south 20 degrees east 240.5 feet;thence south 40 degrees east 160 feet,more or less,to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres,according to the plat thereof recorded in Volume 11 of Plats,page 86, records of said county;thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard;thence northwesterly along said boulevard line 280 feet, more or less,to the easterly line of the Neal Turner County Road;thence northerly along said road line to beginning. PARCEL 16 That portion of the northwest quarter of Section 5,Township 23 North,Range 3 East,W.M.,in King County, Washignton,described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1,according to the plat thereof recorded in Volume 11 of Plats,page 63,in King County,Washington,extended,would intersect the north line of said Section 5;thence south 391.40 feet,more or less, to the south line of the land conveyed by Fred W.Rarey and Helen Rarey,his wife,by deed dated June 1, 1917,recorded in Volume 1129 of Deeds,Page 152,under King County Recording No. 1469521,records of said county;thence east 195.50 feet,more or less,to the westerly line the right of way of the Columbia and Puget Sound Railroad Company;thence northeasterly along the westerly line of said right of way,to the north line of said Section 5;thence west along the north line of said section to the point of beginning;EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads;ALSO the west 30 feet of the east 150 feet(as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek;EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6,more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Bratch with the north line of said Section 5;thence north 8900314511 west along said north line 120.00 feet to the true point of beginning;thence continuing north 8900314511 west 17.92 feet to an existing fence; thence south 0101214011 west along said 103.21 feet to the northerly margin of said abandoned railroad,said point being on a curve to the center of which bears south 4100411211 east;thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet;thence north 0003314511 east 86.57 feet to the true point of beginning. If /1 V W 7 --e. MI TOUMA ENGINEERS & LAND SURVEYORS /I_✓�fY� ; May 18,2000 To: ._NieW T'� /-4-'14 i'N(t Subject: Clover Creek Final Plan—Confirmation of Compliance with all Condition of v Preliminary Plat. 4. `,)\` r1 Labrador Land Company,LLC d 2700 Block of Lake Washington and Burnett Avenue North '91.- �,¢- § From: Tom Touma c`•' $ ERC Mitigation Measures 1. a)The applicant followed the recommendations of the Geotechnical Report and its Vfr amendments prepared by Terra&Associates. b)The applicant engaged Terra&Associates, Geotechnical Engineer,during the construction of the plat improvements and observed installation of temporary erosion and sedimentation measures at the site.A periodic report was prepared and made available to the contractor and City inspector. c)&d) Clearing limits were delineated before clearing and grubbing activities performed. Clearing of the site was performed under the supervision of the City's inspector and Geotechnical Engineer. e)through g)the contractor complied with these requirement by designating a staging area for temporary stockpiling of soil,and protecting the soil.This was performed under the direction of the City's inspector. h)through m) Stabilized construction entrance was included in the civil drawings and constructed and maintained thought the construction phase of this project.Erosion control facilities were incorporated into the design and included throughout construction phase. 2. a)and b)the applicant complied with these items during construction.No clearing or disturbance was along any portion of the ravine slopes. 3. a)through d)the applicant complies with these items in designing the plat improvements. Owner prior to recording of final plat will pay mitigation fees for Transportation. 4. a)The owner prior to recording of final plat will pay fire mitigation fees. b) Widening for N 26th Street was not required since the existing pavement width exceeds the minimum 20 feet of pavement. 5. The applicant will pay the fees associates with Parks mitigation. 6632 S. 191st PI., Suite E-102, Kent,WA 98032 • Phone(425) 251-0665 • Fax(425)251-0625 e-mail: mhtouma@aol.com Hearing Examiner Recommendations: 1. The applicant complied with ERC Mitigation Measures. 2. The applicant revised the preliminary plat to meet the R-1 zone. 3. The applicant demonstrated during design of the plat improvements that the building areas for those lots south of the cul-de-sac and adjacent to the ravine are provided. 4. The final plat included recording of a restrictive covenant on the face of the plat. 5. Homeowners Association is being established to maintain and repair any common areas including storm detention facilities. 6. Native Growth Protection Easement(NGPE)is included for both Tracts A and B and placed on the final plat drawing. 7. The requirement for a third party Geotechnical consultant to verify slope information is not required. 8. The access issues related to any pipe-stem lots resolved during design of the plat improvements. 9. This is not applicable since the bridge is designed and constructed for this plat. 10. This is not applicable since the bridge is designed and constructed for this plat. Examiner's Decision: 1. The applicant appealed this item and was reversed by the Council Committee to allow other design for the bridge. 2. The applicant has complied with this condition throughout the construction phase of the project. Should desire additional information regarding this response,please feel free to call Mr.Bradley Hughes or myself. S'ncerely, Moumr TOM"Touma,PE/PLS cc. Bradley Hughes • * (G e EVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS . :........::....::..:....:... :..........::.:...... . ................ ............. ............................ Calculations,Survey, Drainage Control Plan 2 Dra na a epart .:........... ... ::... Elevations,Architectural 3 AND 4 • Existing Covenants (Recorded Copy)4 EXistiri . EaSi�r�er►ts: Re�vrded..0 ::::::.:::::::.::::::::::::.::.:;.;.;:. ...:.:::::::::.:.:..:::::.:::::::::::::::..::::: ..::::.:�:::::::::.:::::::::::.::.:.::::::: ::::::::..:::::::.:::...�.:.:>:.::;:.::.:.::::.�: Flood Plain Map, if applicable 4 Geotechnical Report 2 AND 3 Gr�dio :Pa11 : Q>�ce .ua�. .::::...::::.::..::.::::.::::::::....:.::::::::::...............................:....:::::::.:................:::....:.:::::.:::::.::::.:::::...............................................:::::::::::::::::::.. Grading Plan, Detailed 2 Kin' €;Coiaii ;Pisse�.sor:;s::Ma .:tnd[c........ :..................................................... ... ...................... ........................................................................................... Landscaping Plan, Conceptual 4 List of Surrounding Property Owners 4 Mai[In I`aliets:€for;Pi o.e... Owner. :4.:...:::....::....:: .:....... :........................... ....................... ......... .............. .... ............................:.......::..::::::.::..::::..:. Map of Existing Site Conditions 4 Monument Cards (one per monument), j 1J\ Parkin Lot:;Cov.era e:&::.Lanctscapi"":: Plan Reductions (PMTs)4 Preapplication Meeting Summary 4 PubliclNork.:sA::.:::rpv..a::. .........: ::.:....:.:.:::::::.:....:. Rehabilitation Plan 4 This requirement may be waived by: I 1. Property Services Section PROJECT NAME: C ,Icy\10 ZOJ 2. Public Works /�Plan Review Section L 3. BuildingSection DATE: 1 0-0 4. Development Planning Section h:\division.s\develop.serNdev.plan.ing\waiver.xls REVISED 5/17/00 DI LOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS W,A1VED>> < NI.QRIF� ................... T ...._..........................L Screening Detail 4 title Report or Plat Certificate 4 traffic Study 2 iMMnaMOM ree�u�n Ne etat�srt:C� arin Ptan..a Jrban Center Design Overlay District Report 4 Wetlands Delineation Map 4 • antin:g Plan >ENEM':>`. '> < »'<<> ::' » :N;.eflafi�sPl.antn .Plarr:. ................................................:.:::::::.::::::.:................::.:..:.:::..:.:::::::.::::.::::.....::: :::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::.::.::::.:::::::::::::::::::. Wetlands Study 4 >:;:>::><:>:: ::>:::Pi : .iiCaRfi A ceOd►O#State..... i't>.. . ceemerif:Or. ::.................................................... .................... ..... :.::.....r....... :: 2AND3 .... ...... .............. ............................... > >mumm :> ::> .....:::::::::..:..:..�•:..:::::::::�..:..::::::::.:::::::..::2.AND.3...........................::;:.;:.;;:.:;:.;:-;;:.;...::: ..::::::.......:::::::::...:::: .............................:......::.:.;•..:::.;;::•;;:.:.;:.;;:<.;;;:.;::. .....::::::::.:.;;:.;:.;:-;:-. Vew r;:::<» iii' >< <<>< >>< »>;' > < . ` >>`«''<`< < is `':><f >`• '< ` <><« : ><< > > > > > > > ::` > <`:. > <> '' <>: Phis requirement may be waived by: I. Property Services Section PROJECT NAME: ?. Public Works Plan Review Section 3. Building Section • DATE: I•. Development Planning Section h:\division.s\develop.ser\dev.plan.ing\waiver.xls REVISED 5/17/00 • • 051' 3!'21:1fK1 14: 22 2532 7 24338 BONNEVILLE VIERT • • F';1aE Ell • . • Bonneville Vie ReaPONO ro: 520"A"Smear,SurrE 500 PO Box 1633 • r ,rton i� TACOmA WASHINGTON 06401 TACOM (253)527-8131 Mc( o1dricic TOLL FREE FROMWEETERN WA:(888)d23-4oe3 FACSIMILE:(263)272-4338 g,Q>agid, FIRM WEserre:www.bvmm.com £F TORNEYS AT LAW FIRM EMAIL/1oDREso:bvmmobvmm.cam • CHRI;ITOPHE R AL6EN JMM*8 V.HNWI 3.CN R KATHLEEN E.PIERCE FRANK C.NEAL(I073.19e9 NAOItII L1ERI(D),TTZ MARKS,HOLCOMB CHARLEs F.SCHMIT,JR. JAMES A CATHCART MVO L.R.eEV ,JR.(188+1.19Te) M�QLDRK/K DOUOLAB R.WHITTLE' L.R.BONNEVILLE,ONILL JR.(is�1P7o) MARC H.COCHPJW' JOHN C.MOORE WILLLAM G.VIERT (RETIRED) KENNETH FIELDING JAMES N.MORTON • 11.Y(Tamion) May 23, 2000 • TO: Brad Hughes Cplrc Fax.No. 425-228-4499 LQPIVISArr p COMPANY: Labrador Land Company 2�RErviocvrJINQ • 41AY Z • RE: Clover Creek Development • Z®�0 � - Our Client No. 6937.06 • RECEIVED • FROM: Mark Holcomb • TELEPHONE (253) 627-8131 FACSIMILE: (253) 272-4338 Total number of pages including this cover letter: 27 • • COMMENTS: Attached are the Articles of Incorporation, Bylaws, and Declaration of Covenants, Conditions and Restrictions of Clover Creek Homeowners Association. I have not attached the legal description to the covenants. • The information contained In this facsimile communication Is privileged and/or confidential Information Intended only for the use of the individual or entity named above. If the reader of this cover page is not the Intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication or the Information contained in this communication Is strictly prohibited. If you have received this communication in error, plea*,notify us Immediately by telephone and return this facsimile to us St the above address via the US Postal Service, Thank you, IF YOU ARE HAVING ANY DIFFICULTY RECEIVING THIS TRANSMISSION, PLEASE CALL(253)627-8131 AN.D ASK FOR DAWNE P. SHOTSMAN. This document is being transmitted via Inte11iFAX 1270. 05 "2: /2E_11@ 14: 2 25327243:38 BONNEVILLE VIERT PAGE 02 • • ARTICLES OF INCORPORATION • OF CLOVER CREEK HOMEOWNERS ASSOCIATION Labrador Ventures, LLC, acting as incorporator of a corporation under the provisions of the Washington Non-Profit Corporation Act (RCW Chapter 24:O3), does hereby adopt and certify the following Articles of Incorporation: - I. NAME The name of the corporation shall be Clover Creek Homeowners Association(Association). II. PURPOSES AND POWERS The purposes for which this corporation is formed are: a) To establish, maintain,, operate and control facilities for the amusement, recreation,health and welfare of the members of the Association. b) To own, purchase or otherwise acquire, construct, improve, develop, repair, operate, regulate and maintain and/or dispose of the common areas, streets, roadways, easements, parkways, recreational areas, footways, water system u1ilitics, and in general, community improvements appropriate for the use and benefit of its members. c) To acquire by gilt purchase, lease or otherwise, and to own, hold enjoy, operate, maintain and to convey, sell, lease, transfer, mortgage and otherwise ®: WTYQETOW CLAVERCRE£K-MTICLB9•DOC �/00 -l' I1`i!'7:I%''FtII '14::?';' 25::17774R R F ikNFJTI I F ti. TFF'T Pr.'.'i-;F Il z. encumber, dedicate for public use, and/or otherwise dispose of real and/or personal property or any interest therein.- d) To fix, establish, impose, levy and ooliect such fees, dues, charges and/or sssessinents as may be necessary in the judgment of the Board of Directors, to carry out any and all of the purposes for which this corporation is formed. e) To expend the moneys -collected by this Association from assessments, fees, dues arid charges and other sums received for the payment and discharge of costs, expenses and obligations incurred by this corporation in carrying out any or all of the purposes for which this corporation is formed, including the payment of taxes or assessments which may be levied by any public authority. To borrow money and mortgage,pledge or hypothecate any and all real or personal property of this corporation as security for money borrowed or debts incurred;to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members, g) To make contracts and incur liabilities. h) To grant easements, leases, licenses,, and concessions through or over the Common Areas, and petition for consent to the vacation of streets and alleys. i) To participate in mergers and/or consolidations with other non-profit corporations organized for the same purposes, or annex additional residential property and common areas. j) To make donations for the public welfare or for charitable, scientific or educational purposes. 0:VtAW17PElCCWACIAMCLOVERCAEEK,ARTICLES DOC • ..--- k05;'23/2300 14„ 22 2532724:3:38 BONNEVILLE s:rIERT PAGE 134 k) To institute, defend or intervene in litigation or administrative proceedings in its own on behalf of itself or two or more Lot Owners on matters affecting the Association. l) To exercise all other necessary, desirable or useful powers described in RCW 24.03 and RCW 64,3E (or as amended) in carrying out the objectives of this corporation. . m) The objectives of the corporation shall be construed both as purposes and powers, and their enumeration shall not be construed to limit or restrict in my manner the general powers of the corporation, nor shall the expression of any one thing be deemed to exclude another not so expressed. III. DURATION The corporation shall continue in perpetuity or until dissolution pursuant to law. IV. BYLAW The property, voting and other rights an privileges and liabilities for charges and assessments of the members shall be set forth in the Bylaws. of the Association. . V. PROFIT PUR,pQ$E The Association is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes,and no part of any net earnings thereof shall inure to the benefit of any member of any other individual. • uF; 2: �E�E�F=� 1�1:2. 2532724338 BONNEVILLE VIER i • PAGE E=�5 • • . VI, .DIRE TORS • • . . The management of the corporation shall be vested in the Board of Directors; the number, qualifications, mariner of election, period of service,. time and place of meetings, and powers and duties of directors shall be such as prescribed by the • Bylaws of the corporation. The number of directors constituting the initial Board of Directors is three (3). Their.names and addresses are,as follows; -' Bradley K Hughes • P.O. Box 33344 Kirkland,WA 98083 Daniel A. Brewis P.O. Box 1562 • Woodinville, WA 98072 • Matthew Pool • • P.O. Box 2197 Renton,WA 98056 The members of.the initial Board of Directors shall hold office for a period of one year or until their successors ere elected and take office in the manner prescribed in the Bylaws. • VII. DISSOLUTION In the event that this Association is dissolved by voluntary action or otherwise, the net assets of the Association shall be distributed to the members of the • Association in the same proportion as their then existing ownership of membership of this Association, as set forth in the Bylaws. VIII, fNCOR.PQRA.TOR The name and address'of the incorporator of the corporation is as follows: Labrador Ventures, LLC P.O. Box 3344 •Kirkland, WA 98083 • - n5. -1��j? ua 1�1:2 ?53.7?4.1 8 • BONNEVILLE VIERT PAGE 86 • IX. RED}ISTERED QFF1c.E ANt)A( ANT • The address of the initial registered office of the corporation shall be 1323 28th Street, Kirkland, WA 98083. The name of the initial registered agent of the corporation at such address shall be Labrador Ventures,LLC. • IN WITNESS WHEREOF, the undersigned, being the Incorporator of the corporation, has on this - day of May, 20OO, :hereunto set its hand and seal in duplicate. • Labrador Ventures, LLC • • By:.. . Bradley K. Hughes General Manager STATE.OF WASHINGTON ). . ) ss. COUNTY OF . ) I certify that I know or have satisfactory evidence that Bradley K. Hughes is the person who appeared before me, and said person acknowledged that he signed this inst um ent, on oath stated •that he was authorized to execute the instrument and acknowledged it as the General Manager of Labrador Ventures, LLC to be the free and voluntary act for the uses and proposes mentioned in the instrument. DATED this day of ,2000. • (Warne) • NOTARY PUBLIC, in and, for the • state of Washington,residing at: My Commission Expires: 05;'93; 2EiO8i 14:22 2522724=38 EI:NNEvILLE ..IIEPT PAGE 07 (. 111e 0 SERVE AS REGISTERED AOENT 1, Bradley K. Hughes, as General Manager of Labrador Ventures, LLC, hereby consent to serve as Registered Agent for Clover Creek Homeowners Association for the State of Washington. 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 in the event of any change in the registered office address of the corporation for which I am agent. Labrador Ventures, LLC By (Date) Bradley K, Hughes General Manager 1323 N. 28th Street Kirkland, WA 98083 (425) 803-0400 page 1 Project: 741-CLOVER CREEK BOUNDARY Tue May 23 07:49:49 2000 Lot Inverse Lot name: BNDRY North: 91520.2274 East: 60865.0571 Oty(�-sNO� Line Course: S 01-12-38 W Length: 31.88 pP North: 91488.3522 East: 60864.3835 CP'tW �°� Curve Length: 86.88 Radius: 100.22 Delta: -49-40-00 Tangent: 46.38 `ter ; Chord: 84.18 Course: S 23-37-21 E � ��%' Course In: S 88-47-21 E Course Out: S 41-32-39 W RP North: 91486.2342 East: 60964.5811 End North: 91411.2252 East: 60898.1154 Curve Length: 147.65 Radius: 173.24 Delta: 48-49-55 Tangent: 78.64 Chord: 143.22 Course: S 24-02-24 E Course In: S 41-32-39 W Course Out: S 89-37-26 E RP North: 91281.5647 East: 60783.2230 End North: 91280.4277 East: 60956.4593 Line Course: S 00-22-34 W Length: 119.56 North: 91160.8723 East: 60955. 6744 Curve Length: 37.24 Radius: 686.34 Delta: -3-06-31 Tangent: 18.62 Chord: 37.23 Course: S 37-17-52 E Course In: N 54-15-23 E Course Out: S 51-08-52 W RP North: 91561.8034 East: 61512.7353 End North: 91131.2528 East: 60978.2367 Line Course: S 38-51-08 E Length: 156.27 North: 91009.5550 East: 61076.2670 Curve Length: 174 .00 Radius: 1880.08 Delta: -5-18-10 Tangent: 87.06 Chord: 173.94 Course: S 41-30-13 E Course In: N 51-08-52 E Course Out: S 45-50-42 W RP North: 92188.9554 East: 62540.4103 End North: 90879.2870 East: 61191.5332 Line Course: N 45-03-46 E Length: 359.10 North: 91132.9317 East: 61445.7343 Line Course: S 89-03-46 E Length: 370.7.2 North: 91126.8679 East: 61816.4035 Line Course: S 00-56-14 W Length: 173.15 North: 90953.7420 East:- 61813.5714 Line Course: S 71-21-09 E Length: 314.93 North: 90853.0458 East: 62111.9642 Line Course: N 00-56-14 E Length: 145.83 North: 90998.8574 East: 62114.3495 Line Course: S 89-03-46 E Length: 189.00 North: 90995.7659 East: 62303.3267 Page 2 Curve Length: 491.20 Radius: 934.90 Delta: 30-06-12 Tangent: 251.41 Chord: 485.57 Course: N 33-49-24 E Course In: S 71-13-42 E Course Out: N 41-07-30 W RP North: 90694.9163 East: 63188.5018 End North: 91399.1565 East: 62573.6105 Line Course: N 00-56-14 E Length: 103.11 North: 91502.2511 East: 62575.2971 Line Course: N 89-03-46 W Length: 12.06 North: 91502.4483 East: 62563.2387 Line Course: S 00-56-14 W Length: 85.00 North: 91417.4597 East: 62561.8484 Line Course: S 54-56-03 W Length: 80.38 North: 91371.2784 East: 62496.0560 Line Course: S 53-24-41 W Length: 119.12 North: 91300.2777 East: 62400.4138 Line Course: S 86-45-27 W Length: 52.45 North: 91297.3110 East: 62348.0467 Line Course: N 54-10-23 W Length: 32.72 North: 91316.4660 East: 62321.5140 Line Course: N 86-19-43 W Length: 169.08 North: 91327.2928 East: 62152.7769 Line Course: N 54-27-25 W Length: 26.80 North: 91342.8726 East: 62130.9696 Line Course: N 00-56-14 E Length: 146.62 North: 91489.4779 East: 62133.3679 Line Course: S 89-03-46 E Length: 24.68 North: 91489.0742 East: 62158.0440 Line Course: N 01-51-53 E Length: 20.00 North: 91509.0662 East: 62158.6949 Line Course: N 89-03-46 W Length: 348.60 North: 91514.7682 East: 61810.1419 Line Course: S 00-56-14 W Length: 10.00 North: 91504.7695 East: 61809.9783 Line Course: N 89-03-46 W Length: 800.00 North: 91517.8549 East: 61010.0854 Line Course: N 00-56-14 E Length: 10.00 North: 91527.8536 East: 61010.2489 Line Course: N 89-03-46 W Length: 50.00 North: 91528.6714 East: 60960.2556 Line Course: S 00-56-14 W Length: 10.00 North: 91518.6727 East: 60960.0921 Line Course: N 89-03-46 W Length: 95.05 North: 91520.2274 East: 60865.0571 Perimeter: 4993.09 Area: 676, 073 S.F. 15.52 acres page 1 Project: 741-Clover Creek TRACTS Mon May 22 14:23:40 2000 Lot Inverse Lot name: TR-A • North: 91132.9317 East: 61445.7343 Line Course: S 45-03-46 W Length: 359.10 North: 90879.2870 East: 61191.5332 Curve Length: 121.47 Radius: 1880.08 Delta: 3-42-07 Tangent: 60.76 Chord: 121.45 Course: N 42-18-15 W Course In: N 45-50-42 E Course Out: S 49-32-49 W RP North: 92188.9554 East: 62540.4103 End North: 90969.1099 East: 61109,7888 Line Course: N 57-05-39 E Length: 11.74 North: 90975.4885 East: 61119.6464 Line Course: N 57-05-39 E Length: 111.98 North: 91036.3235 East: 61213.6618 Line Course: N 52-58-30 E Length: 72.74 North: 91080.1229 East: 61271.7326 Line Course: N 42-58-48 E Length: 88.22 North: 91144.6636 East: 61331.8755 Line Course: N 67-51-29 E Length: 78.38 North: 91174.2067 East: 61404.4790 Line Course: N 20-27-28 W Length: 57.11 North: 91227.7127 East: 61384.5188 Line Course: N 20-27-28 W Length: 47.23 North: 91271.9675 East: 61368.0097 Line Course: S 89-03-46 E Length: 50.00 North: 91271.1497 East: 61418.0031 Line Course: S 89-03-46 E Length: 50.00 North: 91270.3319 East: 61467.9964 Line Course: S 89-03-46 E Length: 50.00 North: 91269.5140 East: 61517.9897 Line Course: N 58-32-49 E Length: 59.22 North: 91300.4166 East: 61568.5112 Line Course: N 00-56-14 E Length: 61.28 North: 91361.6836 East: 61569.5135 Line Course: S 89-03-46 E Length: 94.82 North: 91360.1326 East: 61664.3229 Curve Length: 83.83 Radius: 80.00 Delta: 60-02-10 Tangent: 46.22 Chord: 80.04 Course: S 59-02-41 E - Course In: S 00-56-14 W Course Out: N 60-58-24 E RP North: 91280.1433 East: 61663.0144 End North: 91318.9606 East: 61732.9659 Line Course: S 29-01-47 E Length: 26.47 North: 91295.8131 East: 61745.8124 Page 2 Line Course: S 55-28-32 W Length: 177.14 North: 91195.4189 East: 61599.8710 Line Course: S 41-06-33 W Length: 85.07 North: 91131.3251 East: 61543.9406 Line Course: N 89-03-46 W Length: 98.22 North: 91132.9317 East: 61445.7343 Perimeter: 1784.02 Area: 78, 016 S.F. 1.79 acres Lot name: TR-B North: 91361.0666 East: 61754.3130 Line Course: N 35-36-45 E Length: 187.98 North: 91513.8908 East: 61863.7745 • Line Course: S 89-03-46 E Length: 294.96 North: 91509.0662 East: 62158.6949 Line Course: S 01-51-53 W Length: 20.00 North: 91489.0742 East: 62158.0440 Line Course: N 89-03-46 W Length: 24.68 North: 91489.4779 East: 62133.3679 Line Course: S 00-56-14 W Length: 146.62 North: 91342.8726 East: 62130,.9696 Line Course: N 55-47-57 W Length: 88.92 ' North: 91392.8566 East: 62057.4230 Line Course: N 82-12-35 W Length: 71.75 North: 91402.5815 East: 61986.3387 Line Course: S 01-51-53 W Length: 71.62 North: 91331.0014 East: 61984.0082 Line Course: N 89-03-46 W Length: 54.86 North: 91331.8988 East: 61929.1506 Line Course: N 89-03-46 W Length: 55.00 North: 91332.7984 East: 61874.1580 Line Course: N 89-03-46 W Length: 36.05 North: 91333.3882 East: 61838.1093 Line Course: S 39-01-53 W Length: 61.38 North: 91285.7079 East: 61799.4553 Line Course: N 29-01-47 W Length: 61.34 North: 91339.3416 East: 61769.6894 Curve Length: 26. 67 Radius: 122.00 Delta: -12-31-29 Tangent: 13.39 Chord: 26.62 Course: N 35-17-24 W Course In: S 60-58-20 W Course Out: N 48-26-51 E RP North: 91280.1433 East: 61663.0144 End North: 91361.0666 East: 61754.3130 Perimeter: 1201.84 Area: 54, 022 S.F. 1.24 acres page 1 Project: 741-CLOVER CREEK LOTS Mon May 22 14:29.30 2000 Lot Inverse Lot name: 1 North: 91199.2063 East: 61979.7174 Line Course: S 01-51-53 W Length: 75.01 North: 91124.2362 East: 61977.2766 Line Course: N 89-03-46 W Length: 60.01 North: 91125.2178 East: 61917.2767 Line Course: N 00-56-14 E Length: 75.00 North: 91200..2077 East: 61918.5035 Line Course: S 89-03-46 E Length: 61.22 North: 91199.2063 East: 61979.7174 Perimeter: 271.24 Area: 4,546 S.F. 0.10 acres Lot name: 2 North: 91200.2077 East: 61918.5035 • Line Course: S 00-56-14 W Length: 75.00 North: 91125.2178 East: 61917.2767 Line Course: N 89-03-46 W Length: 60.00 North: 91126.1992 East: 61857.2848 Line Course: N 00-56-14 E Length: 75.53 North: 91201.7167 East: 61858.5201 Curve Length: 11.49 Radius: 125.00 Delta: -5-15-59 Tangent: 5.75 Chord: 11.49 Course: S 86-25-47 E Course In: N 06-12-13' E Course Out: S 00-56-14 W RP North: 91325.9847 East: 61872.0279 End North: 91201.0015 East: 61869.9833 • Line Course: S 89-03-46 E Length: 48.53 • North: 91200.2077 East: 61918.5035 Perimeter: 270.54 Area: 4, 502 S.F. 0.10 acres Lot name: ,3 North: 91201.7167 East: 61858.5201 Line Course: S 00-56-14 W Length: 75.53 North: 91126.1992 East: 61857.2848 Line Course: N' 89-03-46 W Length: 40.89 North: 91126.8679 East: 61816.4035 Page 2 Line Course: N 89-03-46 W Length: 33.77 North: 91127.4204 East: 61782.6338 Line Course: N 19-38-30 E Length: 93.28 North: 91215.2754 East: 61813.9896 Curve Length: 46.82 Radius: 125.00 Delta: -21-27-42 Tangent: 23.69 Chord: 46.55 Course: S 73-03-56 E Course In: N 27-39-55 E Course Out: S 06-12-13 W RP North: 91325.9847 East: 61872.0279 End North: 91201.7167 East: 61858.5201 Perimeter: 290.29 Area: 4, 920 S.F. 0.11 acres Lot name: 4 North: 91215.2754 East: 61813.9896 Line Course: S 19-38-30 W Length: 93.28• North: 91127.4204 East: 61782.6338 Line Course: N 89-03-46 W Length: 77.96 North: 91128.6956 East: 61704.6809 Line Course: N 36-43-33 E Length: 134.25 North: 91236.2961 East: 61784.9592 Curve Length: 35.97 Radius: 125.00 Delta: -16-29-08 Tangent: 18.11 Chord: 35.84 Course: S 54-05-31 E Course In: N 44-09-03 E Course Out: S 27-39-55 W RP North: 91325.9847 East: 61872.0279 End North: 91215.2754 East: 61813.9896 Perimeter: 341.46 Area: 5, 819 S.F. 0.13 acres Lot name: 5 North: 91236.2961 East: 61784.9592 Line Course: S 36-43-33 W Length: 134.25 North: 91128.6956 East: 61704.6809 Line Course: N 89-03-46 W Length: 160.76 North: 91131.3251 East: 61543.9406 Line Course: N 41-06-33 E Length: 85.07 North: 91195.4189 East: 61599.8710 Line Course: S 89-03-46 E Length: 128.09 North: 91191.3937 East: 61727.9455 Line Course: N 36-43-33 E Length: 72.83 North: 91251. 6978 East: 61771.4971 Page 3 Curve Length: 20.48 Radius: 125.00 Delta: -9-23-12 Tangent: 10.26 Chord: 20.46 Course: S 41-09-21 E Course In: N 53-32-15 E Course Out: S 44-09-03 W RP North: 91325.9847 East: 61872.0279 End North: 91236.2961 East: 61784 .9592 Perimeter: 601.48 Area: 11, 453 S.F. 0.26 acres Lot name: 6 North: 91251.6978 East: 61771.4971 Line Course: S 36-43-33 W Length: 72.83 North: 91193.3237 East: 61727.9455 Line Course: N 89-03-46 W Length: 128.09 North: 91195.4189 East: 61599.8710 Line Course: N 55-28-32 E Length: 177.14 North: 91295.8131 East: 61745.8124 Line Course: S 29-01-47 E Length: 34.86 North: 91265.3308 East: 61762.7296 Curve Length: 16.22 Radius: 125.00 Delta: -7-26-05 Tangent: 8.12 Chord: 16.21 Course: S 32-44-42 E Course In: N 60-58-21 E Course Out: S 53-32-15 W RP North: 91325.9847 East: 61872.0279 End North: 91251.6978 East: 61771.4971 Perimeter: 429.14 Area: 8,271 S.F. 0.19 acres Lot name: 7 North: 91361.6836 East: 61569.5135 Line Course: S 00-56-14 W Length: 61.28 North: 91300.4166 East: 61568.5112 Line Course: S 58-32-49 W Length: 59.22 North: 91269.5140 East: 61517.9897 Line Course: N 89-03-46 W Length: 50.00 North: 91270.3319 East: 61467.9964 Line Course: N 00-56-35 E Length: 93.00 North: 91363.3193 East: 61469. 5269 Line Course: S 89-03-46 E Length: 100.00 North: 91361.6836 East: 61569.5135 Perimeter: 363.50 Area: 8, 507 S.F. 0.20 acres Page 4 Lot name: 8 North: 91363.3193 East: 61469.5269 Line Course: S 00-56-35 W Length: 93.00 North: 91270.3319 East: 61467.9964 Line Course: N 89-03-46 W Length: 50.00 North: 91271.1497 East: 61418.0031 Line Course: N 00-56-35 E Length: 93.00 North: 91364.1371 East: 61419.5336 Line Course: S 89-03-46 E Length: 50.00 North: 91363.3193 East: 61469.5269 Perimeter: 286.00 Area: 4, 650 S.F. 0.11 acres Lot name: 9 North: 91364 .1371 East: 61419.5336 Line Course: S 00-56-35 W Length: 93.00 North: 91271 .1497 East: 61418.0031 Line Course: N 89-03-46 W Length: 50.00 North: 91271.9675 East: 61368.0097 Line Course: N 00-56-35 E Length: 93.00 North: 91364.9549 East: 61369.5403 Line Course: S 89-03-46 E Length: 50.00 North: 91364.1371 East: 61419. 5336 Perimeter: 286.00 Area: 4, 650 S.F. 0.11 acres Lot name: 10 North: 91364.9549 East: 61369.5403 Line Course: S 00-56-35 W Length: 93.00 North: 91271.9675 East: 61368.0097 Line Course: N 89-03-46 W Length: 50.00 North: 91272.7854 East: 61318.0164 Line Course: N 00-56-35 E Length: 93.00 North: 91365.7728 East: 61319.5470 Line Course: S 89-03-46 E Length: 50.00 North: 91364.9549 East: 61369.5403 Perimeter: 286.00 Area: 4, 650 S.F. 0.11 acres Page 5 Lot name: 11 North: 91365.7728 East: 61319. 5470 Line Course: S 00-56-35 W Length: 93.00 North: 91272.7854 East: 61318.0164 Line Course:. N 89-03-46 W Length: 50.00 North: 91273.6032 East: 61268.0231 Line Course: N 00-56-35 E Length: 93.00 North: 91366.5906 East: 61269.5536 Line Course: S 89-03-46 E Length: 50.00 North: 91365.7728 East: 61319.5470 Perimeter: 286.00 Area: 4, 650 S.F. 0.11 acres Lot name: 12 North: 91366.5906 East: 61269.5536 Line Course: S 00-56-35 W Length: 93.00 North: 91273.6032 East: 61268.0231 • Line Course: N 85-39-23 W Length: 50.09 North: 91277.3968 East: 61218.0788 Line Course: N 00-56-35 E Length: 90.02 North: 91367.4084 East: 61219.5603 Line Course: S 89-03-46 E Length: 50.00 North: 91366.5906 East: 61269.5536 Perimeter: 283.11 Area: 4, 576 S.F. 0.11 acres Lot name: 13 North: 91367.4084 East: 61219.5603 Line Course: S 00-56-35 W Length: 90.02 North: 91277.3968 East: 61218.0788 • Line Course: N 85-39-23 W Length: 55.10 North: 91281.5698 East: 61163.1400 Line Course: N 00-56-35 E Length: 86.75 North: 91368.3081 East: 61164.5677 Line Course: S 89-03-46 E Length: 55.00 North: 91367.4084 East: 61219. 5603 Perimeter: 286.871 Area: 4, 861 S.F. 0.11 acres • Page 6 Lot name: 14 North: 91368.3081 East: 61164.5677 Line Course: S 00-56-35 W Length: 86.-75 North: 91281.5698 East: 61163.1400 Line Course: N 85-39-23 W Length: 63.11 North: 91286.3498 East: 61100.2102 Line Course: N 00-56-35 E Length: 58.00 North: 91344 .3444 East: 61101.1647 Curve Length: 39.27 Radius: 25.00 Delta: 89-59-39 • Tangent: 25.00 Chord: 35.35 Course: N 45-56-24 E Course In: S 89-03-25 E Course Out: N 00-56-14 E RP North: 91343.9330 East: 61126.1613 End North: 91368.9297 East: 61126.5703 Line Course: S 89-03-46 E Length: 38.00 North: 91368.3081 East: 61164.5677 Perimeter: 285.13 Area: 5,213 S.F. 0.12 acres Lot name: 15 North: 91277.3968 East: 61218.0788 Line Course: S 38-42-46 W Length: 93.44 North: 91204.4846 East: 61159. 6383 Curve Length: 31.37 Radius: 55.00 Delta: -32-40-53 Tangent: 16.13 Chord: 30.95 Course: N 84-06-03 W Course In: S 22-14-24 W Course Out: N 10-26-29 W RP North: 91153.5762 East: 61138.8216 End North: 91207.6655 East: 61128.8.539 Curve Length: 44.24 Radius: 25.00 Delta: 101-23-04 Tangent: 30.54 Chord: 38.69 Course: N 49-44-57 W Course In: N 10-26-29 W Course Out: N 89-03-25 W RP North: 91232.2515 East: 61124.3231 End North: 91232.6629 East: 61099.3265 Line Course: N 00-56-35 E Length: 53. 69 North: 91286.3498 East: 61100.2102 Line Course: S 85-39-23 E Length: 63.11 North: 91281.5698 East: 61163.1400 Line Course: S 85-39-23 E Length: 55.10 • North: 91277.3968 East: 61218.0788 Perimeter: 340.95 Area: 6, 728 S.F. 0.15 acres • Page 7 Lot name: 16 North: 91273. 6032 East: 61268.0931 Line Course: S 03-07-36 E Length: 57.74 North: 91215.9498 East: 61271.1724 Line Course: S 69-01-25 W Length: 91.99 North: 91183.0184 East: 61185.2776 Curve Length: 33.98 Radius: 55.00. Delta: -35-23-42 Tangent: 17.55 Chord: 33.44 Course: N 50-03-45 W Course In: S 57-38-06 W Course Out: N 22-14-24 E RP North: 91153.5762 East: 61138.8216 End North: 91204.4846 East: 61159.6383 Line Course: N 38-42-46 E Length: 93.44 North: 91277.3968 East: 61218.0788 Line Course: S 85-39-23 E Length: 50.09 North: 91273.6032 East: 61268.0231 Perimeter: 327.24 Area: 6, 451 S.F. 0.15 acres Lot name: 17 North: 91271.9675 East: 61368.0097 Line Course: S 20-27-28 E Length: 47.23 North: 91227.7127 East: 61384.5188 Line Course: S 70-53-37 W Length: 110.10 North: 91191.6729 East: 61280.4800 Line Course: S 69-01-25 W Length: 93.03 North: 91158.3686 East: 61193.6124 Curve Length: 26.27 Radius: 55.00 Delta: -27-21-59 Tangent: 13.39 Chord: 26.02 Course: N 18-40-55 W Course In: S 85-00-05 W Course Out: N 57-38-06 'E RP North: 91153.5762 East: 61138.8216 End North: 91183.0184 East: 61185.2776 Line Course: N 69-01-25 E Length: 91.99 North: 91215.9498 East: 61271.1724 Line Course: N 03-07-36 W Length: 57.74 North: 91273. 6032 East: 61268.0231 Line, Course: S 89-03-46 E Length: 50.00 North: 91272.7854 East: 61318.0164 Line Course: S 89-03-46 E Length: 50.00 North: 91271.9675 East: 61368.0097 Perimeter: 526.37 Area: 9,294 S.F. 0.21 acres • Page 8 Lot name: 18 North: 91227.7177 East: 61384.5188 Line Course: S 20-27-28 E Length: 57.11 ' North: 91174.2067 East: 61404.4790 Line Course: S 67-51-29 W Length: 78.38 North: 91144.6636 East: 61331.8755 Line Course: N 47-33-08 W Length: 69.65 North: 91191.6729 East: 61280.4800 Line Course: N 70-53-37 E Length: 110.10 North: 91227.7127 East: 61384.5188 Perimeter: 315.25 Area: 5, 609 S.F. 0.13 acres Lot name: 19 North: 91191.6729 East: 61280.4800 Line Course: S 47-33-08 E Length: 69.65 North: 91144.6636 East: 61331.8755 Line Course: S 42-58-48 W Length: 88.22 North: 91080.1229 East: 61271.7326 Line Course: N 39-12-10 W Length: 48.38 North: 91117.6113 East: 61241.1548 Line Course: N 82-29-39 W Length: 55.87 North: 91124.9099 East: 61185.7603 Curve Length: 34.95 Radius: 55.00 Delta: -36-24-43 Tangent: 18.09 Chord: 34.37 Course: N 13-12-26 E Course In: N 58-35-12 W Course Out: N 85-00-05 E RP North: 91153.5762 East: 61138.8216 End North: 91158.3686 East: 61193. 6124 Line Course: N 69-01-25 E Length: 93.03 North: 91191.6729 East: 61280.4800 Perimeter: 390.11 Area: 8, 396 S.F. 0.19 acres Lot name: 20 North: 91124.9099 East: 61185.7603 Line Course: S .82-29-39 E Length: 55.87 North: 91117.6113 East: 61241.1548 Line Course: S 39-12-10 E Length: 48.38 North: 91080.1229 East: 61271.7326 Line Course: S 52-58-30 W Length: 72.74 North: 91036.3235 East: 61213.6618 Line Course: N 39-12-10 W Length: 85.58 North: 91102.6400 East: 61159.5701 Page 9 Curve Length: 34.96 Radius: 55.00 Delta: -36-25-25 Tangent: 18.10 Chord: 34.38 Course: N 49-37-30 E Course In: N 22-09-48 W Course Out: S 58-35-12 E RP North: 91153.5762 East: 61138.8216 End North: 91124.9099 East: 61185.7603 Perimeter: 297.53 Area: 5, 517 S.F. 0.13 acres Lot name: 21 North: 91102. 6400 East: 61159.5701 Line Course: S 39-12-10 E Length: 85.58 North: 91036.3235 East: 61213.6618 Line Course: S 57-05-39 W Length: 111.98 North: 90975.4885 East: 61119. 6464 Line Course: N 02-33-35 E Length: 124.92 North: 91100.2833 East: 61125.2253 Curve Length: 35.01 Radius: 55.00 Delta: -36-28-32 Tangent: 18.12 Chord: 34.43 Course: N 86-04-28 E Course In: N 14-18-44 E Course Out: S 22-09-48 E RP North: 91153.5762 East: 61138.8216 End North: 91102.6400 East: 61159.5701 Perimeter: 357.49 Area: 6, 835 S.F. 0.16 acres Lot name: 22 North: 91100.2833 East: 61125.2253 Line Course: S 02-33-35 W Length: 124.92 North: 90975.4885 East: 61119.6464 Line Course: S 57-05-39 W Length: 11.74 i North: 90969.1099 East: 61109.7888 Curve Length: 52.53 Radius: 1880.08 Delta: 1-36-03 Tangent: 26.27 Chord: 52.53 Course: N 39-39-10 W Course In: N 49-32-49 E Course Out: S 51-08-52 W RP North: 92188.9554 East: 62540.4103 End North: 91009.5550 East: 61076.2670 Line Course: N 38-51-08 W Length: 56.76 North: 91053.7593 East: 61040.6595 Line Course: N 40-28-28 E Length: 85.54 North: 91118.8312 East: 61096.1861 • Page 10 Curve Length: 35.05 Radius: 55.00 Delta: -36-30-36 Tangent: 18.14 Chord: 34.46 Course: S 57-25-58 E Course In: N 50-49-20 E Course Out: S 14-18-44 W RP North: 91153.5762 East: 61138.8216 End North: 91100.2833 East: 61125.2253 Perimeter: 366.55 Area: 7,208 S.F. 0.17 acres Lot name: 23 North: 91118.8312 East: 61096.1861 Line Course: S 40-28-28 W Length: 85.54 North: 91053.7593 East: 61040.6595 Line Course: N 38-51-08 W Length: 72.91 North: 91110.5368 East: 60994.9239 Line Course: N 61-42-03 E Length: 89.87 North: 91153.1408 East: 61074.0509 Curve Length: 4.81 Radius: 125.00 Delta: -2-12-13 Tangent: 2.40 Chord: 4.81 Course: S 31-19-15 E Course In: N 59-46-52 E Course Out: S 57-34-39 W RP North: 91216.0541 East: 61182.0644 End North: 91149.0342 East: 61076.5497 Line Course: S 32-25-21 E Length: 29.55 North: 91124.0875 East: 61092.3952 Curve Length: 6.48 Radius: 55.00 Delta: -6-45-19 Tangent: 3.25 Chord: 6.48 Course: S 35-48-00 E Course In: N 57-34-39 E Course Out: S 50-49-20 W RP North: 91153.5762 East: 61138.8216 End North: 91118.8312 East: 61096.1861 Perimeter: 289.16 Area: 4, 885 S.F. 0.11 acres Lot name: 24 North: 91153.1408 East: 61074.0509 Line Course: S 61-42-03 W Length: 89.87 North: 91110.5368 East: 60994.9239 Line Course: N 38-51-08 W Length: 26.60 North: 91131.2528 East: 60978.2367 Curve Length: 37.24 Radius: 686.34 Delta: 3-06-31 Tangent: 18.62 Chord: 37.23 Course: N 37-17-52 W Course In_: N 51-08-52 E Course Out: S 54-15-23 W RP North: 91561.8034 East: 61512.7353 End North: 91160.8723 East: 60955.6744 • Page 11 Line Course: N 00-22-34 E Length: 27.82 North: 91188.6882 East: 60955.8570 Line Course: S 89-03-25 E Length: 104.65 North: 91186.9659 East: 61060.4960 Curve Length: 36.57 Radius: 125.00 Delta: -16-45-45 Tangent: 18.42 Chord: 36.44 • Course: S 21-50-16 E Course In: N 76-32-37 E Course Out: S 59-46-52 W RP North: 91216.0541 East: 61182.0644 End North: 91153.1408 East: 61074.0509 Perimeter: 322.75 Area: 6, 220 S.F. 0.14 acres Lot name: 25 North: 91186.9659 East: 61060.4960 Line Course: N 89-03-25 W Length: 104.65 North: 91188.6882 East: 60955.8570 Line Course: N 00-22-34 E Length: 55.00 North: 91243. 6897 East: 60956.2181 Line Course: S 89-03-25 E Length: 101.27 North: 91242.0231 East: 61057.4749 Line Course: S 00-56-35 W Length: 23.92 North: 91218.1112 East: 61057.0813 Curve Length: 31.41 Radius: 125.00 Delta: -14-23-58 Tangent: 15.79 Chord: 31.33 Course: S 06-15-24 E • Course In: S 89-03-25 E Course Out: S 76-32-37 W RP North: 91216.0541 East: 61182.0644 End North: 91186.9659 East: 61060.4960 Perimeter: 316.26 Area: 5, 595 S.F. 0.13 acres Lot name: 26 North: 91242.0231 East: 61057.4749 Line Course: N 89-03-25 W Length: 101.27 North: 91243.6897 East: 60956.2181 Line Course: N 00-22-34 E Length: 36.74 North: 91280.4277 East: 60956.4593 Curve Length: 18.31. Radius: 173.24 Delta: -6-03-17 Tangent: 9.16 Chord: 18.30 Course: N 02-39-05 W Course In: N 89-37-26 W Course Out: N 84-19-16 E RP North: 91281.5647 East: 60783.2230 End North: 91298.7071 East: 60955.6128 Line Course: S 89-03-25'E Length: 102.78 North: 91297.0156 East: 61058.3800 Page 12 Line Course: S 00-56-35 W Length: 55.00 North: 91242.0231 East: 61057.4749 Perimeter: 314.10 Area: 5, 591 S.F. 0.13 acres Lot name: 27 North: 91297.0156 East: 61058.3800 Line Course: N 89-03-25 W Length: 102.78 North: 91296.7071 East: 60955.6128 Curve Length: 37.92 Radius: 173.24 Delta: -12-32-23 Tangent: 19.03 Chord: 37.84 Course: N 11-56-55 W Course In: S 84-19-16 W Course Out: N 71-46-53 E RP North: 91281.5647 East: 60783.2230 End North: 91335.7969 East: 60947.7786 Curve Length: 43.39 Radius: 25.00 Delta: 99-27-04 Tangent: 29.51 Chord: 38.15 Course: N 31-30-25 E Course In: N 71-46-53 E Course Out: N 08-46-03 W RP North: 91343.5430 East: 60971.5254 End North: 91368.2509 East: 60967.7148 Curve Length: 38.79 Radius: 229.00 Delta: 9-42-17 Tangent: 19.44 Chord: 38.74 Course: N 86-05-06 E Course In: S 08-46-03 E Course Out: N 00-56-14 E RP North: 91141.9267 East: 61002.6199 End North: 91370.8961 East: 61006.3656 Line Course: S 89-03-46 E Length: 28.22 North: 91370.4345 East: 61034 . 5826 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-21 Tangent: 25.00 Chord: 35.36 Course: S 44-03-36 E Course In: S 00-56-14 W Course Out: S 89-03-25 E RP North: 91345.4378 East: 61034.1736 End North: 91345.0264 East: 61059.1703 Line Course: S 00-56-35 W Length: 48.02 North: 91297.0156 East: 61058.3800 Perimeter: 338.39 Area: 7, 615 S.F. 0.17 acres Lot name: 28 North: 91528.2637 East: 60985.1758 Line Course: S 00-56-35 W Length: 116.04 North: 91412.2347 East: 60983.2660 Page 13 Curve Length: 58.14 Radius: 271.00 Delta: -12-17-30 Tangent: 29.18 Chord: 58.03 Course.: S 79-45-32 W Course In: S 04-05-43 E Course Out: N 16-23-13 W RP North: 91141.9267 East: 61002.6199 End North: 91401.9182 East: 60926.1645 Curve Length: 26.03 Radius: 25.00 Delta: 59-39-36 Tangent: 14.33 Chord: 24.87 Course: N 76-33-25 W Course In: N 16-23-13 W Course Out: S 43-16-23 W RP North: 91425.9026 East: 60919.1114 End North: 91407.7002 East: 60901.9746 Curve Length: 5.23 Radius: 173.24 Delta: -1-43-43 Tangent: 2. 61 Chord: 5.23 Course: N 47-35-29 W Course In: S 43-16-23 W Course Out: N 41-32-39 E RP North: 91281.5647 East: 60783.2230 End North: 91411.2252 East: 60898.1154 Curve Length: 86.88 Radius: 100.22 Delta: 49-40-00 Tangent: 46.38 Chord: 84.18 Course: N 23-37-21 W Course In: N 41-32-39 E Course Out: N 88-47-21 W RP North: 91486.2342 East: 60964.5811 End North: 91488.3522 East: 60864.3835 Line Course: N 01-12-38 E Length: 31.88 North: 91520.2274 East: 60865.0571 Line Course: S 89-03-46 E Length: 95.05 North: 91518.6727 East: 60960.0921 Line Course: N 00-56-14 E Length: 10.00 North: 91528.6714 East: 60960.2556 Line Course: S 89-03-46 E Length: 24.92 North: 91528.2637 East: 60985.1758 Perimeter: 454.17 Area: 12,794 S.F. 0.29 acres Lot name: 29 North: 91517.4473 East: 61035.0045 Line Course: S 00-56-35 W Length: 105.00 North: 91412.4615 East: 61033.2765 Line Course: N 89-03-46 W Length: 26.23 North: 91412.8905 East: 61007.0526 Curve Length: 23.80 Radius: 271.00 Delta: -5-01-57 Tangent: 11.91 Chord: 23.80 Course: S 88-25-15 W Course In: S 00-56-14 W Course Out: N 04-05-43 W RP North: 91141.9267 East: 61002.6199 End North: 91412.2347 East: 60983.2660 Line Course: N 00-56-35 E Length: 116.04 North: 91528.2637 East: 60985.1758 Page 14 • Line Course: S 89-03-46 E Length: 25.08 North: 91527.8536 East: 61010.2489 Line Course: S 00-56-14 W Length: 10.00 North: 91517.8549 East: 61010.0854 Line Course: S 89-03-46 E Length: 24.92 North: 91517.4473 East: 61035.0045 Perimeter: 331.07 Area: 5, 509 S.F. 0.13 acres Lot name: 30 North: 91516.6294 East: 61084.9979 Line Course: S 00-56-35 W Length: 105.00 North: 91411. 6436 East: 61083.2699 Line Course: N 89-03-46 W Length: 50.00 North: 91412.4615 East: 61033.2765 Line Course: N 00-56-35 E Length: 105.00 North: 91517.4473 East: 61035.0045 Line Course: S 89-03-46 E Length: 50.00 North: 91516.6294 East: 61084.9979 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres Lot name: 31 North: 91515.8116 East: 61134 .9912 Line Course: S 00-56-35 W Length: 105.00 North: 91410.8258 East: 61133.2632 Line Course: N 89-03-46 W Length: 50.00 North: 91411.6436 East: 61083.2699 Line Course: N 00-56-35 E Length: 105.00 North: 91516.6294 East: 61084.9979 Line Course: S 89-03-46 E Length: 50.00 North: 91515.8116 East: 61134.9912 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres Lot name: 32 North: 91514.9937 East: 61184.9845 Line Course: S 00-56-35 W Length: 105.00 • North: 91410.0080 East: 61183.2565 Line Course: N 89-03-46 W Length: 50.00 North: 91410.8258 East: 61133.2632 Line Course: N 00-56-35 E Length: 105.00 North: 91515.8116 East: 61134.9912 Page 15 Line Course: S 89-03-46 E Length: 50.00 North: 91514.9937 East: 61184.9845 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres Lot name: 33 North: 91514.1759 East: 61234.9778 Line Course: S 00-56-35 W Length: 105.00 North: 91409.1901 East: 61233.2498 Line Course: N 89-03-46 W Length: 50.00 North: 91410.0080 East: 61183.2565 Line Course: N 00-56-35 E Length: 105.00 North: 91514.9937 East: 61184.9845 Line Course: S 89-03-46 E Length: 50.00 North: 91514.1759 East: 61234.9778 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres Lot name: 34 North: 91513.3581 East: 61284.9711 Line Course: S 00-56-35 W Length: 105.00 North: 91408.3723 East: 61283.2431 Line Course: N 89-03-46 W Length: 50.00 North: 91409.1901 East: 61233.2498 Line Course: N 00-56-35 E Length: 105.00 North: 91514.1759 East: 61234.9778 Line Course: S 89-03-46 E Length: 50.00 North: 91513.3581 East: 61284.9711 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres Lot name: 35 North: 91512.5402 East: 61334.9644 Line Course: S 00-56-35 W Length: 105.00 North: 91407.5544 East: 61333.2364 Line Course: N 89-03-46 'W Length: 50.00 North: 91408.3723 East: 61283.2431 Line Course: N 00-56-35 E Length: 105.00 North: 91513.3581 East: 61284.9711 Line Course: S 89-03-46 E Length: 50.00 - North: 91512.5402 East: 61334 .9644 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres �r a Page 16 Lot name: 36 North: 91511.7224 East: 61384.9577 Line Course: S 00-56-35 W Length: 105.00 North: 91406.7366 East: 61383.2297 Line Course: N 89-03-46 W Length: 50.00 North: 91407.5544 East: 61333.2364 Line Course: N 00-56-35 E Length: 105.00 North: 91512.5402 East: 61334.9644 Line Course: S 89-03-46 E Length: 50.00 North: 91511.7224 East: 61384.9577 Perimeter: 310.00 Area: 5,250 S.F. 0.12 acres Lot name: 37 North: 91510.8882 East: 61435.9509 Line Course: S 00-56-35 W Length: 105.00 North: 91405.9024 East: 61434.2229 Line Course: N 89-03-46 W Length: .51.00 North: 91406.7366 East: 61383.2297 Line Course: N 00-56-35 E Length: 105.00 North: 91511.7224 East: 61384.9577 Line Course: S 89-03-46 E Length: 51.00 North: 91510.8882 East: 61435.9.509 Perimeter: 312.00 Area: 5,355 S.F. 0.12 acres • Lot name: 38 North: 91510.0213 East: 61488.9438 Line Course: S 00-56-35 W Length: 105.00 North: 91405.0355 East: 61487.2158 Line Course: N 89-03-46 W Length: 53.00 North: 91405.9024 East: 61434.2229 Line Course: N 00-56-35 E Length: 105.00 North: 91510.8882 East: 61435.9509 Line Course: S 89-03-46 E Length: 53.00 North: 91510.0213 East: 61488.9438 Perimeter: 316.00 Area: 5, 565 S.F. 0.13 acres • Page 17 Lot name: 39 North: 91509.1544 East: 61541.9367 Line Course: S 00-56-35 W Length: 105.00 North: 91404.1686 East: 61540.2087 Line Course: N 89-03-46 W Length: 53.00 North: 91405.0355 East: 61487.2158 Line Course: N 00-56-35 E Length: 105.00 North: 91510.0213 East: 61488.9438 Line Course: S 89-03-46 E Length: 53.00 North: 91509.1544 East: 61541.9367 Perimeter: 316.00 Area: 5, 565 S.F. 0.13 acres Lot name: 40 North: 91508.2875 East: 61594.9296 Line Course: S 00-56-35 W Length: 105.00 North: 91403.3017 East: 61593.2016 Line Course: N 89-03-46 W Length: 53.00 North: 91404.1686 East: 61540.2087 Line Course: N 00-56-35 E Length: 105.00 North: 91509.1544 East: 61541.9367 Line Course: S 89-03-46 E Length: 53.00 North: 91508.9875 East: 61594.9296 Perimeter: 316.00 Area: 5,565 S.F. 0.13 acres Lot name: 41 North: 91507.4206 East: 61647.9225 Line Course: S 00-56-35 W Length: 105.00 North: 91402.4348 East: 61646.1945 Line Course: N 89-03-46 W Length: 53.00 North: 91403.3017 East: 61593.2016 Line Course: N 00-56-35 E Length: 105.00 North: 91508.2875 East: 61594.9296 Line Course: S 89-03-46 E Length: 53.00 North: 91507.4206 East: 61647.9225 Perimeter: 316.00 Area: 5, 565 S.F. 0.13 acres • Page 18 Lot name: 42 North: 91506.5537 East: 61700.9155 Line Course: S 00-56-35 W Length: 109.89 North: 91396. 6822 East: 61699.1070 . Curve Length: 34. 65 Radius: 122.00. Delta: -16-16-15 Tangent: 17.44 Chord: 34.53 Course: N 80-55-39 W Course In: S 17-12-29 W Course Out: N 00-56-14 E RP North: 91280.1433 East: 61663.0144 End North: 91402.1270 East: 61665.0099 Line Course: N 89-03-46 W Length: 18.82 North: 91402.4348 East: 61646.1945 Line Course: N 00-56-35 E Length: 105.00 North: 91507.4206 East: 61647.9225 Line Course: S 89-03-46 E Length: 53.00 North: 91506.5537 East: 61700.9155 Perimeter: 321.35 Area: 5, 620 S.F. 0.13 acres Lot name: 43 North: 91505.7358 East: 61750.9088 Line Course: S 00-56-35 W Length: 109.01 North: 91396.7424 East: 61749.1148 Line Course: S 35-36-45 W Length: 22.95 North: 91378.0876 East: 61735.7531 Curve Length: 41.29 Radius: 122.00 Delta: -19-23-30 Tangent: 20.84 Chord: 41.09 Course: N 63-05-46 W Course In: S 36-35-59 W Course Out: N 17-12-29 E RP North: 91280.1433 East: 61663.0144 End North: 91396.6822 East: 61699.1070 Line Course: N 00-56-35 E Length: 109.89 North: 91506.5537 East: 61700.9155 Line Course: S 89-03-46 E Length: 50.00 North: 91505.7358 East: 61750.9088 • Perimeter: 333.13 Area: 5, 891 S.F. 0.14 acres Lot name: 44 North: 91513.8908 East: 61863.7745 Line Course: S 35-36-45 W Length: 187.98 North: 91361.0666 East: 61754.3130 Page 19 Curve Length: 25.23 Radius: 122.00 Delta: -11-50-53 Tangent: 12.66 Chord: 25.18 Course: N 47-28-35 W Course In: S 48-26-51 W Course Out: N 36-35-59 E RP North: 91280.1433 East: 61663.0144 End North: 91378.0876 East: 61735.7531 Line Course: N 35-36-45 E Length: 22.95 North: 91396.7424 East: 61749.114B Line Course: N 00-56-35 E Length: 109.01 North: 91505.7358 East: 61750.9088 Line Course: S 89-03-46 E Length: 59.08 North: 91504.7695 East: 61809.9783 Line Course: N 00-56-14 E Length: 10.00 North: 91514.7682 East: 61810.1419 Line Course: S 89-03-46 E Length: 53.64 North: 91513.8908 East: 61863.7745 Perimeter: 467.88 Area: 8,742 S.F. 0.2.0 acres Lot name: 45 North: 91332.7984 East: 61874.1580 Line Course: S 02-13-27 W Length: 89.87 North: 91242.9958 East: 61870. 6703 Curve Length: 86.97 Radius: 83.00 Delta: 60-01-59 Tangent: 47.95 . Chord: 83.04 Course: N 59-02-47 W Course In: N 00-56-14 E Course Out: S 60-58-13 W RP North: 91325.9847 East: 61872.0279 End North: 91285.7079 East: 61799.4553 Line Course: N 39-01-53 E Length: 61.38 North: 91333.3882 East: 61838.1093 Line Course: S 89-03-46 E Length: 36.05 North: 91332.7984 East: 61874.1580 Perimeter: 274.27 Area: 4, 768 S.F. 0.11 acres Lot name: 46 North: 91331.8988 East: 61929.1506 Line Course: S 00-56-14 W Length: 89.85 North: 91242.0632 East: 61927.6810 Line Course: N 89-03-46 W Length: 57.02 North: 91242.9958 East: 61870.6703 Line Course: N 02-13-27 E Length: 89.87 North: 91332.7984 East: 61874.1580 Page 20 Line Courser 8 89-03-46 E Length: 55.00 North: 91331.8988 East: 61929.1506 Perimeter: 291 .74 Area: 5, 032 S.F. 0.12 acres Lot name: 47 North: 91331.0014 East: 61984.0082 Line Course: S 01-51-53 W Length: 89.86 North: 91241.1896 East: 61981.0842 Line Course: N 89-03-46 W Length: 53.41 North: 91242.0632 East: 61927. 6810 Line Course: N 00-56-14 E Length: 89.85 North: 91331.8988 East: 61929.1506 Line Course: S 89-03-46 E Length: 54.86 North: 91331.0014 East: 61984 nnR2 Perimeter: 287.98 Area: 4, 864 S.F. 0.11 acres Lot name: 48 North: 91241.1896 East: 61981.0842 Line Course: N 01-51-53 E Length: 89.86 North: 91331.0014 East: 61984.0082 Line Course: N 01-51-53 E Length: 71.62 North: 91402.5815 East: 61986.3387 Line Course: S 82-12-35 E Length: 71.75 North: 91392.8566 East: 62057.4230 Line Course: S 55-47-57 E Length: 88.92 North: 91342.8726 East: 62130.9696 Line Course: S 54-27-25 E Length: 26.80 North: 91327.2928 East: 62152.7769 Line Course: S 86-19-43 E Length: 169.08 North: 91316.4660 East: 62321.5140 Line Course: S 54-10-23 E Length: 32.72 North: 91297.3110 East: 62348.0467 Line Course: N 86-45-27 E Length: 52.45 North: 91300.2777 East: 62400.4138 Line Course: N 53-24-41 E Length: 119.12 North: 91371.2784 East: 62496.0560 Line Course: N 54-56-03 E Length: 80.38 North: 91417.4597 East: 62561.8484 Line Course: N 00-56-14 E Length: 85.00 North: 91502.4483 East: 62563.2387 Line Course: S 89-03-46 E Length: 12.06 North: 91502.2511 East: 62575.2971 Line Course: S 00-56-14 W Length: 103.11 North: 91399.1565 East: 62573.6105 I Page 21 Curve Length: 359.39 Radius: 934.90 Delta: -21-57-50 Tangent: 181.42 Chord: 356.20 Course: S 37-53-35 W Course In: S 41-07-30 E Course Out: N 63-05-20 W RP North: 90694.9163 East: 63188.5018 End North: 91118.0597 East: 62354 .8381 Line Course: N 89-03-46 W Length: 241.51 North: 91122.0100 East: 62113.3638 Line Course: N 00-56-14 E Length: 45.00 North: 91167.0040 East: 62114.0998 Curve Length: 113.10 Radius: 72.00 Delta: -90-00-00 Tangent: 72.00 Chord: 101.82 Course: N 44-03-46 W Course In: N 89-03-46 W Course Out: N 00-56-14 E RP North: 91168.1816 East: 62042.1095 End North: 91240.1720 East: 62043.2872 Line Course: N 89-03-46 W Length: 62.21 North: 91241.1896 East: 61981.0842 Perimeter: 1823.08 Area: 86, 030 S.F. 1.97 acres Lot name: 49 North: 90995.7659 East: 62303.3267 Line Course: N 89-03-46 W Length: 189.00 North: 90998.857,4 East: 62114.3495 Line Course: N 89-03-46 W Length: 3.00 North: 90998.9065 East: 62111.3500 Line Course: N 00-56-14 E Length: 123.12 North: 91122.0100 East: 62113.3638 Line Course: S 89-03-46 E Length: 241.51 North: 91118.0597 East: 62354.8381 Curve Length: 132.81 Radius: 934.90 Delta: -8-08-22 Tangent: 66.52 Chord: 132.70 Course: S 22-50-29 W Course In: S 63-05-20 E Course Out: N 71-13-42 W RP North: 90694.9163 East: 63188.5018 End North: 90995.7659 East: 62303.3267 Perimeter: 689.44 Area: 26, 478 S.F. 0.61 acres Lot name: 50 North: 90989.2948 East: 62069.1871 Line Course: S 00-56-14 W Length: 86.93 North: 90902.3729 East: 62067.7651 4 , „ Page 22 Curve Length: 47.00 Radius; 25.00 Delta: 107-42-37 Tangent: 34.23 Chord: 40.38 Course: S 54-47-33 W Course In: N 89-03-46 W Course Out: S 18-38-51 W RP North: 90902.7818 East: 62042.7685 End North: 90879.0942 East: 62034.7748 Line Course: N 71-21-09 W Length: 233.46 North: 90953.7420 East: 61813.5714 Line Course: N 00-56-14 E Length: 39.73 North: 90993.4658 East: 61814.2212 Line Course: S 89-03-46 E Length: 255.00 North: 90989.2948 East: 62069.1871 Perimeter: 662.12 Area: 20,245 S.F. 0.46 acres Lot name: 51 North: 91167.6909 East: 62072.1055 Line Course: . S 00-56-14 W Length: 178.42 North: 90989.2948 East: 62069.1871 Line Course: N 89-03-46 W Length: 255.00 North: 90993.4658 East: 61814.2212 Line Course: N 00-56-14 E Length: 133.42 North: 91126.8679 East: 61816.4035 Line Course: S 89-03-46 E Length: 40.89 North: 91126.1999 East: 61857.2848 Line Course: S 89-03-46 E Length: 60.00 North: 91125.2178 East: 61917.2767 Line Course: S 89-03-46 E Length: 60.01 North: 91124.2362 East: 61977.2766 Line Course: N 01-51-53 E Length: 75.01 North: 91199.2063 East: 61979.7174 Line Course: S 89-03-46 E Length: 62.89 North: 91198.1776 East: 62042.6002 • Curve Length: 47.12 Radius: 30.00 Delta: 90-00-00 Tangent: 30.00 Chord: 42.43 Course: S 44-03-46 E Course In: S 00-56-14 W Course Out: S 89-03-46 E RP North: 91168.1816 East: 62042.1095 End North: 91167.6909 East: 62072.1055 Perimeter: 912.76 Area: 40, 841 S.F. 0.94 acres • I05' 23,+200 14:22 2632 7 24328 BONNEVILLE VIERT PAGE 08 • • • pEVEL�P�►OE REN P TO��LNG IT`� BYLAWS SAY 2 2004 • OF RECENED CLOVER CREEK"EK HOMEOWNERS' ASSOCIATION • • x. brgosetiaticw .i 1 This corporation shall be conducted as a non-profit corporation for• the • purposes set forth in the Articles of Incorporation and for the mutual benefit of the members of the corporation. 1.2 The corporation shall have the power to. levy and collect assessments against its members and.to enforce thy same as herein set forth and to exercise such other • powers as may be lawfully established under the Washington Non-Profit Corporation Act, RCW 24.03, and the provisions of RCW 64.38. • Il. Definitions 2.1 "Association" or "Corporation" shall mean and refer to the Clover Creek Homeowners Association, its successors and assigns. 2.2 "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 a part of the Properties, provided that where a Lot is being sold by real estate contract, the contract purchaser who resides on the property shall be deemed owner for membership purposes, but excluding those having such interest merely as secut ty for the performance of an obligation. 2.3 "Properties" shall mean and refer to that certain real property referred to herein and more commonly referred'to as"Clover Creek Plat,"and suck additions thereto as May hereafter be brought within the jurisdiction of the Association. • • 2.4 . "Common Area" shall mean all real property (including the improvements thereto) owned or otherwise maintained, repaired or administered by the Association for the common use and enjoyment of the Owners, as delineated on the plat of the Clover Creek Development recorded under King County Auditor's No, _ The improvements shall include, but not be limited to, easements for ingress, egress and utility purposes,Tracts A and B,, and entrance signs, if any. • 2,5 "Lot" shall mean. and refer to any plot of land, with the exception of the Common Area, as delineated on the plat•of Clover Creek Development as recorded under King County Auditor's Fee No. . • 05,i23, '7001 14:22 25ce i 24. 38 EONNc'VILLE 1{IERf PAGE 09 2.6 "Developer" shall mean and refer to Labrador Ventures, L.L.C., its s ,ccesscrs and assigns, if such successors or assigns should acquire more than one • undeveloped Lot from the Developer for the purpose of development. . 2.7 "Covenants, Conditions and Restrictions" (CCR's) shall mean that instrument filed , 2000,under King County Auditor's Fee No. and all subsequent revisions. . • • III, Member hai 3.1 Definitioee Membership in the Clover Creek Homeowners Association • shall consist exclusively of the individual. Lot Owners of Clover Creek Development. Each of said members shall have one membership for each Lot of which he is the Owner, • and the interest of each member shall be determined by the number of Lots owned. If any Lot or Lots are held by two or more Owners, the several Owners of each Lot shall be dretned collectively as one member for that Lot, • • 3,2 Transfer: No membership may be transferred, assigned, Or in any manner conveyed, other than in the manner set.forth below. Memberships shall be inseparably appurtenant to the Lots owned by the members, and upon transfer of ownership or • contract of sale of any such Lot, membership shall be deemed to be transferred to the new fee Owner or contract purchaser, In the event of death of a member, the membership of such.member shall be. and become the property of the personal representative of such deceased member upon the appointment and quedification as such in a judicial proceeding • and included in the liabilities of the deceased member until title shall be transferred or • contracted to be transfinrred. No compensation shall be paid by the corporation upon any transfer of membership and no member whose membership is transferred shall be entitled • to share or participate in any of the property or assets of the corporation. 3.3 Withdrawal: Transfer of Title; No member may withdraw except upon transfer of title to the Lot as provided in Paragraph 3.2 above. • 3.4 Common Asa: The common area, as defined in Paragraph 2.4, shall be owned by the Corporation. All members shall be entitled to the use and enjoyment of all corporation properties and easements, in common with all members.of the corporation; except as limited by the Articles of Incorporation, Bylaws, Declaration of Covenants, Cor.;ditioaia and Restrictions and revisions thereto and easements and restrictions or record. • • 3.5 'Delegation of Use: Any Owner, may delegate his or her right of enjoyment to the Common Area and facilities to the members of his or her family, his or her tenants,nr contract purchasers who reside on the property. • 3.5 5uspensden of Voting Rights,: The voting rights of the members described . in Article III of the Covenants, Conditions and Restrictions Shall be suspended and the, 0:L'_AYAYPEIC;• 4KAGE1nCI.OVERCIAEEK-Onavis.DOC • • 05P):3/2000 14:2:? 2532724328 BONNEVILLE VIERT PAGE 10 • • Developer shall retain voting control of the Association until seventy percent (70%) of the Lots in Clover Creek Development are sold or • _; 2005, (the fifth anniversary of recording of Celt's), whichever is sooner. IV. Meeting of Mende ship • 4.1 Annual Meetings: The annual.meeting of the members for the election of Directors and for the transaction of other business shall be held on the first Saturday in May. if such annual meeting is omitted by oversight or otherwise on the date provided fee, a subsequent meeting may be held in place thereof, and any business transacted .or eiection.e held at such meeting shall be as valid as if transacted or held at the annual meeting, Such subsequent meeting shall be called in the same manner and as provided for special member meetings. All meetings, annual or special, shall be held in such place as is designated by the Board of Directors, or if not so designated, then at the registered. office. 4.2 Sosej Meetinge; Special meetings of the members may be called at any time by the President, a majority of the Board of Directors, or by the written petition of any member or members holding an aggregate of one-tenth (1/10) of the voting power of all members, submitted to'the secretary. The petition shall state the time, date, and purpose of the special meeting. • 4.3 Notice; Written notice stating the place,•day and hour of the meeting, and in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than fourteen (14) days nor more than sixty (60) days before the date of the meeting, either personally or by mail, by the secretary, If mailed, such . notice shall be deemed to be delivered when deposited in the United States mail, first . class, addressed to the member at his or her address as it appears on the records of the corporation, with postage thereon prepaid. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including. the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in' the previously approved budget that xsult'in a change in assessment'obligation, and any proposal to reuuovc a director. 4.4 Vo" ting: All owners including the Declarant shall be entitled to one (1) vote for each Lot owned, When more than one (1)person holds an interest in any Lot, all • Fuel .persons shall be rnernbers.:. The vote for such Lot shall be exercised as they determine, but in. no event shall more than one (1) vote be cast with respect to any Lot. In the event an existing Lot is further subdivided, each of the Lots shall.also be subject to these Bylaws and shall be entitled to one (1) vote for each new Lot owner. If existing Lots are further subdivided, the overall number of Lots shall increase accordingly. 4.5 Qt orurn: A quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting. ' �l_; ?3;' Fib 14: 22 ?53'17'? :=88 EONNE'ti+IEEE VIERT• • PAGE 11 • • 4.6 Osslagrdl Meeting; All meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. .The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed execute session to consider personnel matters; consult With legal counsel or consider communications with legal.counsel; and discuss likely or• pending litigation, matters involving possible violations of the governing docwnerits of the association, and Matters involving the possible liability of an owner to the association, The motion shall state Speciff.cally the purpose for the closed session.. Reference to the motion and the stated purpose fop'ih&.closed session shall be included in tea., ayti...slen.. T7,� 1n.. ,.j ass'dire•CTOr9 ahan re,su'wwi uity vonaidcratyora or manors during Lime closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. 'Ihe requirements of this•subsection shalt not require the disclosure of information in violation of law or which is otherwise exempt font disclosure. 4.7 Proxies: All proxies must•be in writing, executed by the members themselves or by their duly authorized attorneys, and must be filed with the Secretary at or before the meeting of the members. 4.8 Adjountnlent: Any regular or special meeting of the members at which theee is a quorum present niay adjoum, from day-to-day, or from time-to-time, without further notice, until,its business is completed. 4.9 Presiding Officer: The President, or in his absence a Chairman, elected by members present, shall call the meetings of the members to order and shall act as the presiding officer thereon. • 4.10 Secretary: The Secretary shall act as a secretary at all meetings of the members and in his rbsence, the presiding officers may• appoint any person to act as Secretary, 1J: )gored of Diructorp • 5,1 Powers: The management: of all the affairs, property and interests of the corporation shall be vested in a board of directors. Except fox the initial directors which have been chosen by Developer, the board of directors shall be elected by a majority vote • of the members of the Association for a term of one (1) year and shall hold office until their successors.are elected and waffled. Directors need not be Owners of any Lot or real property in Clover Creek Developtne:rit. Developers, or its Authorized Agent shall remain as a member of the Board of Directors until 70% of the lots in Clover Creek are sold, or , 2005, whichever is sooner. In addition to the powers and o:t_.vnTisteOvAlioc 411CLOVERC REK4YlAW .Doc • -4- 00,1240 • • Llnl2 /21300 14: 22 25327 24338 BONNEVILLE '4+IE�;T PAGE 1 • authority set forth in these Bylaws and the 'Articles of Incorporation, the Board of . Directors may exercise all such powers,of the corporation and do all such lawful acts and tlua:igs that are not directed or required to be exercised or done by the members of the • corporation by these Bylaws, the Articles of incorporation, or the Declaration of Covenants, Conditions and Restrictions of Clover Creek Homeowners Association. Without prejudice to such general powers,and subject to the same limitations, it is hereby expressly declared that the Directors shall have the following powers: (a) To appoint and remove at pleasure all officers, agents, and . employees of the corporation (includ ng :a.maintenance supervisor and/or staff who shall maintain and control the property .of the corporation), describe their duties, fix their compensation, and require of them such security or fidelity bond - Ls it may deem proper. Nothing contained in these Bylaws shall be construed to . prohibit the employment of any member, officer or director of the corporation in any capacity whatsoever. • (b) To fix; establish, levy and collect such fees, dues, charges, and/or assessments as may be necessary in the judgment of the Board of •Directors, including reasonable admission and other fees for the use of the. • recreational facility, but assessment may not be in excess of the maximum set forth in Article of the Declaration of Covenants, Conditions and Restrictions. • • (e) To adopt and publish rules and regulations governing use of the corporation policy and facilities and the personal conduct of the members and their guest)thereon, (d) To suspend the voting rights and •right to use of the recreational facilities or common areas by an owner for any period during which any assessment against the Lot remains unpaid; and for a period nat to exceed sixty(60) days for any infraction of the Association's rules and regulations. (e) To 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 meetings of the Board of Directors. • (f) Borrow money on behalf of the corporation, including the power and authority to borrow money from any of the. members, directors, or of .cers of the +corporation, and to authorize the execution of promissory notes or other evidences of indebtedness of the corporation, and to agree to pay interest thereon, and otherwise to incur indebtedness on behalf of the corporation. (g) To sell, convey, alienate, transfer, assign, exchange, lease or otherwise dispose of, mortgage, pledge, hypothecate and otherwise encumber the personal and real property, to purchase, lease and otherwise acquire personal arid real property on behalf of the corporation and subject to the voting rights of tl•1:Ltrtiviaanrnuu..n...... -•- , 0i1/23/2000 14:22 25227243' _, BONNEVILLE VIER; • PAGE 1: • • • • the members as described in Article III of the Covenants, Conditions and Restrictions. • 5.2 1, uhibitjs : The board of directors shall not act on behalf of the Emaciation to amend the articles of incorporation,to take any action that requires the vote or approval of tale owners, to terminate the association, to elect members of the board of directors, or to determine the qualifications, powers, and duties, or terms of office of . me.nber,t of the board of directors., but the board of directors may fill vacancies in its membership of the unexpired portion of any term. 5.3 Number: •The Board of Directors.shall consist of three (3)directors. The number of directors may be increased or decreased-at any time by the members. or directors at any annual or special meeting provided that no decrease shall have the effect of shortening the term of any incumbent director except as provided in Subparagraph 5.3 hereunder. • 5.4 Vacanciti: All vacancies in the Board of Directors, whether caused by • resignation, death or otherwise, may be'filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the Board of Directors. A director elected to fill any vacancy shall hold office for the unexpired term of that person's predecessor or until a successor is elected and qualified. A directorship to be filled by • reason of an increase in the number of directors may be filled by the Board of Directors for the term of office continuing only until the next election. For purposes of this paragraph, a director's absence from three (3) consecutive meetings of the Board of Directors may be considered a "vacancy" by the remaining members of the Board of Directors. • 5,5 $Gg1l1ar Meetings: Regular meetings of the Bogard of Directors may be held without notice at such time and at such place as the Board may by vote from time- to-time designate. • 5,6 Special Mee:tin a: Special meetings of the Board of Directors may be called at any time and on the order of the President or on the order of two (2) directors. If said meeting is called by any two (2),members of the Board, a written request therefore shall be delivered to the Secretary'of the corporation who shall immediately give notice to the Board of Directors of the date,time and place of the meeting,which notice shall fix the date thereof at not less than two (2) days nor more than twenty. (20) days after the . filing of such request. • Notices of special meetings of the Board of Directors stating the date, time and place, as well as the general purpose for which the special meeting is called, shall be mailed, or personally delivered to each director, and the special meeting shall not be held sooner than•two (2) days after the delivery of said notice or sooner than five (5) days after the mailing-Of said notice. An entry. of the service of notice, given in the manner provided above, shall be made in the minutes of the proceedings of'the Board of Directors, and such envy, if read and approved at the subsequent meeting of the Board of. • ®:V.Av✓rrPECOWAOitrmovellO EK-0n,nws.00C • • 05,i 2:3;2E O 14:22 2532724::33' BONNEVILLE VIERT ' PAGE 14 Directors, shall be conclusive on the question of service.' Attendance of'a director at a special meeting shall constitute a waiver of the notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened. A director may waive any notice trquired for any meeting by executing a written waiver of notice either before or after said meeting, such waiver shall be equivalent to the giving of such notice. 5.7 Quorum: A majority of the number of directors shall constitute a quorum for the teanaactioEn of business. The act of the majority of the 'directors preset at to • meeting at which a quorum is present shall be the act of the Board of Directors. A majority of those present at the time and place of any meeting or special meeting, although less than a quorum, may adjourn from daye:to,day, or from time-to-time, without Rather notice until a quorum shall attend, When,a quorum shall attend, any business may be transacted which might hive been transacted at the meeting had the same been held on the day on which the same was originally appointed or called. 5.5 Budge: Within thirty(30) days after adoption by the board of directors of any proposed regular or special budget of the association, the board shall set a date for a meeting of the.owners to consider ratification of the budget not less than fourteen (14) • nor more than sixty (60) days after mailing of the summary. Unless at that meeting the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given,the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the board of directors. 5,9 Reuistetj, g Dissent: A director who is present at the meeting of the Board of Directors at which action on a corporate matter is taken shall be presumed to have assented to such action unless that director's dissent shall be entered in the minutes of the meeting or unless that director either files a written dissent to such an action with the person acting as the Secretary of the meeting before the adjournment thereof, or forwards such dissent by registered mail to the Secretary of the corporation immediately after the adjournment of the meeting.. Such right to dissent shall not apply to a director who voted in favor of such action. 5.10 Action by Directors Without a Meeting: Any action that may be taken at . a meeting of the directors may be taken without a meeting if a consent in writing setting forth the action so taken or to be taken shall be signed by all of the directors. Such consent shall have the same effeet as a unanimous vote. 5.11 Removal: The owners by a niajori y vote of the voting power.in the association present, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any members of the board of directors with or without cause. • 4:itkWT!TMON140,04MCLOvEmcFte4K-6YtAwd.o oc • • 05 "?G0Lt 14: 22 2532724338 BONNEVILLE VIEF: PAGE 15 • • VI. Uffy'., 6.1 esi Ikon: The officers of the corporation shall consist of a President; one or more Vice Presidents, as the Board of Directors shall determine from time-to-timer a Secretary and a. Treasurer. These officers shall be elected for one (1) year by the directors at their first meeting after the annual meeting of the membership and shall hold office until their success:ors are elected and qualified. Any two (2) or more offices may . • be held by the same person except the offices of President and Secretary. None of said officers, except the President,need .be a director, but the Vice President who is.not a director cannot succeed to or fill the office of the President. 6.2 reside; :• 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 co-sign . all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. • 6.3 Vice President(s): During the absence or disability of the President, the - • Vice President or Vice Presidents, if any, shall exercise all the functions of the President iri the order designated by the Board of Directors, except that a Vice President who is not a director cannot succeed to or fill the office of the President. Each Vice President shall • have such powers and discharge such duties as may be assigned to that Vice President from time-to-time by the Board of Directors. 6.4 SecretaY : The Secretary shall keep the minutes of all proceedings of the membership and of the Board of Directors in books of the membership and of the corporation provided for that purpose. The Secretary shall issue notices for all meetings, • and shall execute, with the President, in the name of the corporation, all deeds, bonds, contracts and other obligations and instruments authorized by the Board of Directors to be executed,. The Secretary shall also have charge of the seal of the corporate books, and shall make such reports and perform such other duties as are incident to the office or as • are properly required by the Board of Directors. • . 6.5 Treasurer: The Treasurer shall keep, or cause to be kept, full and accurate accounts of receipt and disbursements in books to be kept for that purpose. He shall receive and deposit or cause to be received'and deposited, all moneys and other valuables of the corporation, in the name and to the creditof the corporation, in such depositories as may be designated by the Board of Directors, The Treasurer shall disburse, or cause to . be disbursed, the fande of the corporation as may be directed by the Board of Directors, taking proper vouehere for ;such"disbursements, and shall co-sign with the President, all checks and promissory notes. The Treasurer shall also render to the President and to the Board of Directors, whenever they may require, accounts of all transactions as Treasurer and of the financial condition of the corporation. In general, the Treasurer shall perform all the duties incident to the office of Treasurer, subject to the control of the Board of Directors. • • • O:LLAWTYPECCMG-` GAMCLOVEICF:EElc-itvuwB.COC • • E151'23/?00E1 14:22 2532724338 BONNEVILLE VIERT. PAGE 16 • • • • • 6,6 Delegation: In the case of absence or inability to act of any officer of the corporation and of any person herein authorized to act in that officers place, the Board of Directors may from tine-to-tine delegate the powers or duties of such officer to any • other officer or any director or any person whom it may select. 6.7 Vacancies: Vacancies in any officer arising from any cause may be filled by the Board of Directors at any regular or special meeting of the Board, 6.8 Term-Removal: The officers of the corporation shall hold office until •their successors are chosen and qualified. Any officer or agent elected or appointed by the Board of Directors may be removed at any time, with or without•cause, by the • affirmative•vote of a majority of the whole Board of Directors. • VII. Indemnification of Officers and Director Each officer and member of.the Board of Directors shall be indemnified by the members of the Association against all expenses and liabilities including attorneys' fees, • reasonably incurred by or imposed upon him or her in connection with any proceeding to which he or she may be a party, or he which he or she may become involved,by reason of. his or her being or having been an officer or member of the Board at the time such expenses are incurred, except in such cases where an officer or a member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided, however, that in the event of a settlement, the indemnification shall apply only when the Board approved such settlement and reimbursement as being for the best interests of the corporation. • VIII, Transactions • No transaction entered into by the corporation shall be affected by the fact that any members, directors, or officers of the corporation are personally interested in it; and • every member,director or officer of the corporation is hereby relieved from any disability that might otherwise prevent his contracting with the corporation in which he may be in any way interested (provided such member, officer, or director has fully declared any such interest) and that fact that the member, director and/or officer of the corporation is in whole or in part the same as those of any other corporation shall not in any way affect the validity or enforceability of any agreement or transaction between the two'corporations. IX. Assessmei} • 9,1 Membgrs' ObligightLof Assessment: The members of the corporation shall be liable for the payment of such charges or assessments as may be fixed by the Association. All charges or assessments shall be levied at a uniform rate per Lot without distinction or preference of any kind, All charges and assessments, when collected by the Association, shall become the property of the corporation to be expended only upon the approval of the Board of'Directors, and the signatures of the President and not less than. 05/2::/2E100 14: 22 2532724338 BONNEVILLE +:1IERT PAGE E 17 • Ora (1) other officer of the corporation shall be required on all checks or other orders for the payment of money, 9,2 Payment Date; Remedies of the Association: From time-to-tine, as and when any such assessment or charges are levied, each member with respect to the Lot to which his or her membership is appurtenant, shall pay the amount of such assessment to the corporation at its office, within thirty (30) days after the mailing of the notice of such assessment to the members. Any assessment not paid within thirty (30) days after this due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action.at•:law against the Owner personally obligated to pay the same, or foreclose a lien against the property in the manner provided for mechanic's liens, except that the Association shall not be limited by the notice and time provision of RCW 60.04 et, seq. In the event that legal counsel is sought by the corporation in connection with the collection of any charges or assessments, the defaulting member shall pay all attorneys' fees incurred by the corporation. X. Financial and Other Records The Association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the Association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the Association, Each association managing agent shall turn over all original books and records to the Association immediately upon termination of the management relationship with the Association,or upon such other demand as is made by the board of directors. An association managing agent is entitled to keep copies of Association records. All records which the managing agent has turned over to the Association shall be made reasonably available for the examination and copying by the managing agent, All records of the Association, including the names and addresses of owners and other occupants of the lost, shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the Association or its.managing agent. The Association shall not release the unlisted telephone number of any owner. The Association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the Association in providing access to records. At least annually, the Association shall prepare, or cause to be prepared, a financial statement of the Association. The financial statements of Associations with annual assessments of fifty thousand dollars or more shall be audited at least annually by an independent certified public,accountant,.but:the audit may be waived if sixty-seven percent (67%) of the votes cast by owners, in person or by proxy; at a meeting of the Association at which a quorum is present, vote each year. 05,193,0880 14: 22 2532724338 BONNEVILLE VIERT F'AGE 18 The funds of the Association shall be kept in accounts in the name of the Association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the Association. or any other person responsible for the custody of such funds. XL Amendments Until 70% of the Lots in the Clover Creek Development are sold or 2005, whichever is sooner,-Developer may alter or amend' these Bylaws at Developer's option, After this date, the Bylaws, or any part thereof, may be altered or amended by the Board of Directors upon approval in writing by a majority vote of the Directors. We hereby certify that the foregoing are the Bylaws of Clover Creek Homeowners Association, adopted by the Board of Directors on the day of 2000. • Secretary • • 135/23/2EIE13 14:22 253''272.4:33: BONNEVILLE VIERT F'HGE 1' • • f1<CAARATIS7N OF • COVEUANT5_CONIaITIQNS A_a ftalli 105 • O1 cLQ CR1,E_) MEOWNE ZS ASSOCIATION THIS DECLARATION is made on the date hereinafter set forth by LABRAI)OR VENTURES, LI,C,a Washington limited liability company,(hereinafter referred to as"Declarant"). • •WIIISESEEIf: . • WHEREAS, Declarant is the owner of certain property in Renton, King County, State of Washington, which is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference;and WHEREAS,the Declarant has subdivided or will subdivide this real property and it is the desire and intention of the Declarant to sell this real property In the Development end to impose upon it mutually beneficiary restrictions under a general scheme of improvement for the benefit of all lots, tracts or lands in the development, the future owners of those lands, and such other persons, corporations, or entities as may be designated herein;and WHEREAS,it is the desire and intention of the Declarant to establish and maintain a general plan for all property included in the Development which will result in a residential area where property value, desirability,attractiveness and views will be enhanced and protected;and WHEREAS, Declarant has created of shall create a Homeowners Association (Association) and shall provide for the transfer or maintenance obligations thereto of certain tracts of real property and created facilities as the Common Areas;and WHEREAS, the Association will accept certain obligations for the maintenance of the Common Areas as provided herein;now,therefore, Declarant hereby declares that all of the Properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right,title or interest in the described Properties or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof ARTICLE I. rffillala 1.1 "Association" shall mean and refer to the Clover Creek Homeowners Association, a nonprofit corporation, its successors and assigns. 1.2 "Architectural. Control Committee" (ACC) shall mean and refer to the Architectural Control • Committee as described in Article VI of this Declaration. 1.3 "Board of Directors" and "Officers" shall refer to the'board of directors and officers of Clover Creek Homeowners:Association. C MAAITYPENCOVAMAGI TICLOVERCNEEK.CCRS.0o0 _1_ OCdT?IUC [15/20/20110 14:22 2532724:338 BONNEVILLE VIERT PAGE 20 t. 1.4 "Common Area" shall mean all real property(including the improvements thereto)owned by the Association for the common use and enjoyment of the Owners of Cloves Creek Development. The Common Area to be owned by the Association at the time of the conveyance of the first lot shall include,but not be limited to,the existing roadway for ingress,egress and utility purposes. 1.3 "Declaration"shall mean and refer to this instrument and any future an1.endments and declarations. 1,t5 "Declarant" shall mean and refer to Labrador Ventures, LLC, its successors or assigns, if such sac cessor s or assigns should acquire more than one undeveloped lot from the Declarant for the purpose of development. 1.7 "Development"shall refer to Clover Creek residential Development, 1.11 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the prcpertles with the exception of the Common Area. 1.9 "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 or will become a part of the Properties,but excluding those having such interest merely as security for the performance of an obligation. 'Where a lot is being sold by real estate contract, the contract purchaser who resides on the property shall be deemed owner for membership purposes. 1.10 "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.11 "Resident"shell mean and refer to the person(s) in actual physical occupancy of a house for the' purpose of using such house for his/her usual place of abode. - • 1.12 "Tract"shall mean those parcels identified on the plat as Tracts A.and B. ARTICLE II. flOMEOWN13RS ASSOCIATION 2.1 Formation: The Declarant shall cause to be formed with the recording of this Declaration,or in a • reasonable time thereafter, a nonprofit corporation under the laws of the State of Washington known as Clover • Creek Homeownets Association, whose objects and purposes shall be the furtherance and promotion of the community welfare of the members,including the regulation,use,care, construction,operation, repair, maintenance and preservation of the Common Area and the protection and benefit of its members and their property in said Development as the Homeowners Association shall determine and as provided by its Articles of Incorporation.and Bylaws, rid any rules and regulations adopted pursuant'thereto. 2.2 Qeantee's Acceptance: The grantee of any Lot subject to these Declarations by acceptance of a deed conveying title thereto,or the execution of a contract for the purchase thereof,whether from Declarant or from a subsequent Owner of such Lot shall accept such deed or contract upon and subject to each and all of these declarations and the agreement contained herein, and by acceptance shall for himself, his.heirs, personal repeesentkttives, successors and assigns, covenant, consent and agree to and with the Declarant, and to and with the grantees and subsequent Owners of each of the Lots within the Development, as now existing or as further subdivided in the future, to keep, observe, comply with and perform said Declarations and agreements. Each grantee of a Lot agrees to be bound by the Articles of Incorporation and Bylaws, and rules and regulations herein, pursuant to the Clover Creek Homeowners Association, and grantees shall continue to be members thereof while retaining ownership of said Lot. . 0:11.1,,WPWI OVAI WM11.C<oveRCREEi(4cas.00c -2- • • [5!'2 :1")00 t 14: 22 • 2532724338 BONNEVILLE VIERT PAGE 21 • • • ARTICLE III. • MfI�P 7IG R G]E�I s 3.l 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, • 3.2 All Owners including the Declarant shall be entitled to one (1) vote for each Lot owned. When more than one (I) person holds an interest in any Lot, all such_persons shall be members. The vote for such.Lot shill be exercised as they determine,but in no event shall more thatl:one(1)vote be cast with respect to any Lot. In • the event an.existing Lot is Anther subdivided,each of the Lots shall also be subject to this Declaration and shall be entitled to one(1)vote for each new Lot Owner. As existing Lots are further subdivided,the overall number of Lots shell increase accordingly. • AIt71CLE IV. ,PAQPJEaRTY R,IGF315 e1.1 2dZellatettnnente of Ertioyment: Every member shall have a right and easement of enjoyment in and to the Common Area and as reserved in the recorded plat,which shall be appurtenant to and shall pass with the-title,i every Lot,subject to the following provisions: (a) The right of the Association for access to each Lot during reasonable hours and atter reasonable notice (except in case of emergency) as may be necessary for the maintenance, repair,replacement or improvement of any Common Area accessible from that Lot. • (b) The right of the Association to dedicate or transfer all or any part of the • Common Area tracts or roadways to any public agency, authority, or utility for such purposes. The Declarant shall have the right to execute any necessary documents to • dedicate the roadway and tract;to the City of Renton until seventy percent(70%)of the lots are sold. No other dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3`6) of the members has been recorded;and (c) The right of the Association and ACC to pass reasonable mles and regulations regarding the use and access of the Common Area. 4.2 Din: All Lots shall be used solely and exclusively for private one family residences with appurtenant garages; provided that the Declarant may Maintain remodel unit or commercial sales office within a unit until Web time as seventy percent.(70%)of the Lots have been sold, During this time, the Declarant may maintain signs on the Common Area advertising the Development and lots for sale. No home or st;-uct ure shall be permitted on any Lot'without the prior approve.!of the ACC or Control Architect. • 4.3 nrjegad Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. 4.4, .thSlicpj Accesse.j nd Cs'mmc t,Areas: All accesses and Common Areas set forth on the Development filed herewith are dedicated and reserved for Lot Owners, their families and guests, All Lots will be subject to utility easements. • COL kIN YPC CONFALZPAI1CLOVENCAEEK-CCR9.DOC -3 3/00 - • • • • E5 '23/2a_IE1Ei 14: 22 2532724338 Banco,'I L LE VIERT PAGE 2'2 4,5 teetion oi'Views: The Lot Owners may request from one another that trees and/or brush be pruned,tined or otherwise cleared to,eliaminate any unreasonable interference with a view. The cost of pruning or thinning shall be borne by the lot owner seeking to protect their view. The Board of Directors shall have the reeponsibility of determining whether trees or other vegetation on the premises of any lot by reason of increased size due to gy ovyth eince construction of homes on adjacent lots, unreasonably interferon with the view of other residents within this Development. In any case in which the Board of Directors shall determine that there is such interference, it shall send a rotiee in writing to the lot owner involved,which notice shall set forth the extent to which the trace or outer vegetation shall be pruned or removed, If within thirty(30).days after receipt of such notice,the lot owner has not caused the trees or other vegetation to be pruned or removed to the extent required by the Board,,the Clover Creek Homeowners Association may hire a professional landscaper to do such work at its own expense or may charge the cost of such work•to the lot owners of the Development'who have requested the pruning or removal of such trees or other vegetation. • 4.6 Jhi' a mee: Nc'obnoxious or offensive activity shall be carried on or upon any Lot, nor shall anything,be done thereon which may be or become an annoyance or nuisance to the Development. A decision of the . Beard of Directors concluding an activity is obnoxious or offensive shall be concl>rsive. 4.7 fhliguse and ate se DiePosg,l: No t-ot shall be used or maintained as a dumping ground for rubbish,trash,garbage,cuttings or other wastes. All rubbish,trash,garbage,cuttings or other wastes shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in • . a clean and sanitary condition. 4.11. L i:vestoe rjI'oultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintain for any commercial purposes. Any dogs must be kept so as to minimize excessive noise from barking; otherwise,such barking shall be considered a nuisance under these covenants. 4,9 Completijri cf..Pern a Iitmrg: Unless otherwise approved the by ACC in writing,the exterior of any dwelling must be completed within one (1) year from the commencetneut of the construction. Awnings, Cabanas,Garages and Carports must be constructed with new,complementary materials to the permanent home. • • 4.10 3.ghihlc Parking; No inoperable vehicles, motorcycles or other motorized apparatus (collectively "vethicle(s)")shall be stoned on the premises Or the streets within.the Development, No mechanical repairs shall be conducted upon the premises except minor maintenance and mechanical work by a resident of the Development on said resident's private vehicle, provided that any sucb conduct be in a manner which is not offensive to persons residing in the'neighborhood, is not unsightly, does not result in. unusual noise or debris being placed upon the premises and is in keeping with the residential development here involved. If an owner refuses to remove an illegal vehicle,the Board of.Directors(Board) shall have the power to remove the vehicle at the owner's expense, Except with the approval of the Board, lot owners at no time shall keep or permit to be kept on their premises any house trailer,unattached camper,recreational vehicle(KV.),mobile home, boat, or boat trailer,unless the same is housed within u garage or located in the rear yard and suitably screened from view from the street. 4.11 Nateuittildis Satellite dishe:e shall be allowed within the Development,provided that they are suitably screened t3'ont the street and neighboring logs. • • 4.12 Mae. No signs of any kind nor for any use, except public notice by a political division of the state or as required by law, shall be erected, posted,.painted or displayed on any building site or portion of•this subdivision whatsoever, provided, however, that any builder may erect and display signs during the period of construction and sale of a lot in said development,and that any Owner wishing to sell or rent his or borne may place one sign not largerthen 400 square inches;advertisinig the property for rent or sale, • f3:VJ.WrePE4Co110MGMY41,0Y1RCREEIGC:CA B.DOv -4- .CC2JP00 0 i; �.;r'?E=tE=tl=t 14: ?2 2532724:=38 BONNEVILLE ':+'IEF;-i" • 4,13 ) targl :prayer e. Except with permission of the Board of Directors; the natural drainage of any lot shall:not be changed. • 4.1.4 EVIL*_L1ginitg. Exterior lighting of any sort which is visible from.any street or from any lot wieliin the development shall not be installed without first obtaining written permission from the Architectural (Control Committee, ARTICLE•V. • • 1af2.Y NieNT FQ.LAKNl, ;l 'I'l MA INTBNANc. llf NTS 5.1 fag of tittLicti and J'ettion►a1 OlsIigatioiedAssoeiatkne Aa,li t : The Declarant, for each Lot within the Development, and each Lot subsequently created by further subdivision by Declarant or Owner, or • otr..em/ise,hereby covenants,told each Owner of any Lot by acceptance of a deed therefor,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 or charges and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special.Association assessments, together with interest, costs and reasonable attorneys'fees,shall be charged on the land and shall be a continuing lien upon the property against which each such asseeetnent is made. Each such assessment,together with interest,costs and reasonable attorneys'fees, shall also be the persona!obligation of the person who was the Owner of such property at the time when the assessment fell due. • Th.e Declarant,however,shall riot be obligated under this Covenant for Maintenance Assessments for unsold Lots, 5.2 c►se of lipp els fa 'rient: The assessments levied by the Association shall be used exclusively to ,promote the recreation, health., safety and welfare of the residents in the Properties and for the maintenance, repair, replacement, emergency work, and capital improvement of the Common Areas, The maintenance of the Common Areas includes the payment of real property taxes an such Common Areas,which shall have the highest priority in the Itifixation of assessmeinee 5.3 z4axint la.A:iattal Association Assessment: Until January 1 of the year immediately following the conveyance of the first-Lot to an Owner,the maximum annual assessment shall be$400.00 Per Lot. (a) From end after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not morn; than ten percent (10%) above the maximum assessment for the previous year without a.vote of the membership. (b) From and after Jamtwsry I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assesienent may be increased above ten percent (10%) by a vote of two- thirds(2/3rds)of the members who are voting in person or by proxy,at a meeting duly called for this purpose. (e) After consideration of the current maintenance and future needs of the Association, the Association may fiat the annual assessment at an amount not in excess of the maximum. 5.4 N>cial.Asseg. .;gnto far Canal] Imp{oveme : In addition to the annual assessments authorized above, the Association may levy, in any a;sesement year, a special assessment applicable to that year only for the purpose of defnuying, in whole or in part, the cost of aty coast uction, reconstruction, repair or replacement of a capital improvement upon the Common Areas anci including fixtures and personal property related thereto,provided that any such assessment shall have the assent of two-thirds (2/3'4') of the vote of the members who are voting in person or by proxy at a meeting duly called for this purpose. • 5.5 •Cotice and Ono= Cur;any A lti p 3 and Paragraph 4: Written .nonce of any meeting called for the purpose of taking any action authorized under Paragraphs 5.3 or 5.4 shall be sent to all members not less than thirty(30)days or more than sixty(60)days in advance of the meeting. At the first O:V./wn'PVCOIMHV tINn?CLOV:RCAEEK`c:CRLDOC • OO , . D5!2: ...2000 14: 22 2532724338 BONNEVILLE VIERT PAGE 24 • • • • • • • 0 ,/2::/2E3009 14: 22 25327243.3E1 BONNEVILLE VIER PAGE '25 • such meeting called,the presence of members or of proxies entitled to cast sixty percent(60%)of all the votes of the cambers shall constitute a quorum, If the required quorum is not present,another meeting may be called subject to • • the same notice requirement, ,snd the required quorum at the subsequent enacting shall be one-half(1R) of the required quorum Fit the preceding meeting, No such subsequent meeting shall:be held more than sixty (60) days following the preceding meeting. 5.fi ltattLLssociatigp,A,Ssessrncnits: Both annual and special assessments must be fixed at a uniform,rate for all Lots and may be collected on a monthly basis. S."I 111119-YORISUraleat of,.,. .,a1 Association Msesstrlp I,s, to Dates; The annual assessments provided for herein shall, upon the election of the Declarant, commence as to all Lots on the first day of the month • followin; the conveyance of a Common Area. The first annual assessment shall be adjusted according to the number of rnorith:s remaining in the calendar;year, The Board of Directors as provided in the bylaws 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 the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Hoard of Directors, The Association,shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the Association as to status of assessments on a Lot is binding upon the Association as of the date of its issuance. Si• litYxt of lainnpaytnent ' A socjation Aszmnxents • Remeslies i f She Association: Any assessment not geld within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annual, The Association may bring an action at law against the Owner personally obligated to pay the same, or f,reclose the lien against the property in the manner provided for a Mechanics' Lien, except that the Association shall not be limited by the notice and time provision of RCW 60.04, et seq. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his/her Lot. 5.9 antsdjagajosof thy to Mortgages: The lien of the assessments provided for herein shall be subordinete to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, or any proceeding in lieu thereof', shall e;dingaish the lien of the assessment as to pay-ments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot!fora liability for any assessments therefor becoming due,.or from the liens thereof. • ARTICLE VI. IsI T1'CTURAL CQMIQj,COMMITTEE 6.1 Ann ointment and?4ejab,rship: There is hereby constituted an Architectural Control Committee (the "ACC"). Until such time as seventy percent (70%) of the Lots have been sold, the Declarant shall have the right to select the member's of the ACC. Thereafter,the ACC shall be appointed by the Board. Initially, the ACC shrill be composed of • Bradley K. kilughes Daniel A.Brewis P.O.Box 3344 P.O.Box 1562 • Kirkland,WA 98083 Woodinville,WA 98072 • Matthew Pool • P.O.Box 2197 • Renton,WA 98056 • • • GAIANITYPIrCO1 MACIAMCLOYERCREEK4CRO.000 • -6- • 05, 2_:,':111=lkl 1 ::2 2532724338 F,CihdNEVILLE VIERT PAGE 26 • A majority of the ACC may designate a representative to tact for it, which representative shall be brown as the Control Architect,. • 4.2Guidelines: The ACC shall have the authority to adopt and amend written guidelines to be applied in its review cf plans and specifications, in order to further the intent and purpose of this Declaration and any other covt;.pane{ or resJ:.-ictions covering the property. If such guidelines are adopted, they shall be available to all members upon request. , 6.3 &ta : The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actionta taken at the meetings or otherwise, Unless authorized by the Association, the members of the ACC shall not receive any compensation for their services. All member shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of any.ACC duties. • 6.4 140tWaiver: Approval by the ACC of any plans,drawings.or specifications shall not be a waiver of the right to withhold approval of any similar plan,drawing,spe:ification,or matter submitted for approval. • �•i. Li112ility: Neither the ACC nor any of its members shall be liable to.the Association or to any owner frir any damage,loss or prejudice resulting from any action taken in good faith on a matter submitted to the • ACC for approval or for ftulum tc approve any matter submitted to the ACC. The ACC or its members may consult With the Association or any owner with respect to plans,drawings or specifications,or any other proposal submitted to the ACC. . ARTICLE VI I. • LA LCIIITECT IID L.ANIKCApE ( MIL 7.1 Approval of atns Reogired: Except as.provided in Section 7.2 below, none of the following actions may be taken until plans and specifications for the same have been approved in writing by the ACC: (a) The construction of private roads or driveways; • (b} The construction or erection of any building, fence, wall or other structure, including the installation,erection,or construction of any solar collection device; (c) The remodeling, reconstruction, or alteration of any road, driveway, building or • other structure. 7.2 4,porovat Not lieuuited: Notwithstanding any provision of this Declaration, the approval of the ACC stall not be required for: • (a). Action taken by Declarant to develop the Property in accordance with the Development Plan; (b) • The construction of any attached home building,including townhouses;or • (e) • Other development activity (including clearing, landscaping, construction of driveways,parking areas,fences,etc.)on any Lot upon which attached dwelling buildings may be built under the Development Plan. • 7.3 Psosedure for.,,gpproval: Any person wishing to take any of the actions described above shall submit to the ACC:two(2)sets of plaits and:apecifications'showing: • CIALAWTO ONdKOIMt1CLOWROREEK-CCRIDOe .,l oenwots E5!2=, 2E11[1 14: 2' 2532724:238 BONNEVILLE IERf F'HG;E 27 • • • • (a)• The size and dimension of the improvements; (b) The exterior design; (C) The exterior color scheme; (d) The exact location of the improvement on the Lot; (e) The location of driveways and parking areas;• • (f) The scheme for drainage and gs-ading; • (g) • The proposed landscaping;and • • (h) Proposed outdoor lighting. Approval of such plans and specifications shall be evidenced by written notation on such plans and specifications, • ona.(l)copy of which shall be delivered to the owner of the Lot upon which the proposed action is to be taken. •The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The.ACC shall make its decision within 30 business days from the date the completed plans and specifications are submitted. 1,4 Criteria for A;121=111: Approval of plans and specifications may be withheld or conditioned if the proposed action is at variance with these covenants, other covenants covering the Property, or design guidelines adopted by the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the community because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor lighting • proposed,or landscaping plan. 7.5 �onfenytit a Wit`s�l epprokes eelrune: It shall be the responsibility of the ACC to determine that actions have been completed in accordance with the plans as submitted and approved. Such determination must be • made within stety.(60) days of the completion of the action. If the ACC shall determine that the action does not comply with the plans and specifications as approved,it shall notify the owner within that sixty(60)day period,and • the Owner,within such time as the ACC shall specify,but not less than thirty(30)days, shall either remove or alter the improvement or take such other steps as the ACC shall designate. • • ARTICLE VIII. • osay RAL P OVISIQNS • 0.1 Enfcorcetnetit: The Association,or any Owner, shall have the right to enforce,by any proceeding law or in equity, all restrictions,conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall iri no event be deemed a waiver of the right to do so thereafter. .8,2 Beverabilit e: 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. • 1t.3 Atnendtneul: The covenants and restrictions of this Declaration shall run with and bind the land, for a term of tweity (20) years from the date this Declaration is recorded, after which time they shall be . automatically extended for successive periods of ten (10) years. Until such time as seventy percent(70%) of the COLA Wrilek;aVAHosam?levH11eRECXC li&DOc own=Du -3- . • • • 5; /2E1E1E1 14: 22 25:=:'7'24 338 ca=if•NNEVILLE 1;'IEPT PAGE 28 • • • • • Lois an sold,Declarant shall have sole authority to amend this Declaration. After this time,this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than seventy-five percent (75%) of the Menmberr, and thereafter by an instrument signed by not less than fifty-one percent (51%) of the Membtra. Any amendment must be recorded. • SA }&1hat Qcntml: Until such time as seventy percent (70%) of the Lots have been sold, Declarant shall have sole authority to act on behalf of the Association. 3.5 l ctl; : Additional residential property and Contmon Area may be annexed to the Properties with the consent of two-thirds(2/lyds)of the members. For purposes of this Declaration,'annexation shall not mean any additional Lots created from the properties by short plat or otherwise. 8.6 CQndominiumJrojecx. The Declarant specifically reserves the right prior to the sale of the first • Lot,to convert the development to a condominium form of ownership, • IlJ WITNESS WI4ER3C►F, the undersigned;being the Declarant herein,has hereunto set its hand and seal this day of .- ,2000. LABRADOR VENTURES,LLC • • By • Bradley K.Hughes • General Manager • Declarant • • STATE OF WASHINGTON ) - )ss. • COUNTY OF PIERCE ) • I certify that I know or have satisfactory evidence that Bradley K. Hughes is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was • autsorihed to execute the instrument and acknowledged it as the General Manager of Labrador`dentures,LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this _—�day of ,2000. (Name) NOTARY PUBLIC,in end for the State of • WWashington,residing at My Commission Expires: • • • d:WtWTYPEyCOAMMWOMTACtOVERCREEK:CR9.DOC -9- 1.00 Commonwealth LAND TITLE INSURANCE COMPANY ,f N11 lilt tkhr. erp Commitment For Title Insurance Title insurance since 1876 J S COMMONWEALTH LAND TITLE INSURANCE CO. 14450 NE 29TH PLACE BELLEVUE, WA 980073697 TOUMA ENGINEERS COUNTERSIGNED: 6632 S. 191ST PL. #E-102 KENT, WA 98032 Attn: 2/1 By: TROY StGEORGE - (425) 646-3515 MARA LUOMA - (425) 646-3512 JUANA DODSON - (425) 646-3514 FAX - (425) 646-3517 SCHEDULE A Subdivision Guarantee Order No. H903072 Liability: $Premium: $Customer No. --- Tax:Total : $1 . Name of Assured: TOM TOUMA AND TOUMA ENTERPRISES 2 . Date of Guarantee: April 12, 2000 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: • • See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in: LABRADOR VENTURES, LLC, a Washington limited liability company subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are shown by the public records . Page 2 S EXCEPTIONS Order No. H903072 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain 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 the land described herein. 4 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 229650-0160-04 2000 $4, 831.55 $2,415 . 78 $2,415 . 77 Total amount due, not including interest and penalty: $2,415 . 77 Levy Code : 2100 Assessed Value Land: $137, 000 . 00 Assessed Value Improvements : $236, 000 . 00 AFFECTS : Parcel 1 5 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 229650-0156-00 2000 $1, 131 . 37 $0 . 00 $1, 131 . 37 Total amount due, not including interest and penalty: $1, 131 . 37 Levy Code : 2100 Assessed Value Land: $87, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 2 6 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9005-09 2000 $44 . 66 $44 . 66 $0 . 00 Page 3 . - Ill ,40 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $0 . 0005-9005-09 Levy Code: 2100 Assessed Value Land: $3, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 3 7 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9006-08 2000 $1, 299 . 64 $649 . 82 $649 . 82 Total amount due, not including interest and penalty: $649 . 82 Levy Code: 2100 Assessed Value Land: $100, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS: Parcel 4 8 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9007-07 2000 $1, 299 . 64 $649 . 82 $649 . 82 Total amount due, not including interest and penalty: $649 . 82 Levy Code : 2100 Assessed Value Land: $100, 000 . 00 • Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 5 9 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9009-05 2000 $1, 377 . 27 $688 . 64 $688 . 63 Page 4 • EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $688 . 63 Levy Code: 2100 Assessed Value Land: $106, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 6 10 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9013-09 2000 $1,454 . 98 $727 .49 $727 .49 Total amount due, not including interest and penalty: $727 .49 Levy Code : 2100 Assessed Value Land: $112, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 7 11 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9017-05 2000 $1, 532 . 60 $766 . 30 $766 . 30 Total amount due, not including interest and penalty: $766 . 30 Levy Code : 2100 Assessed Value Land: $118, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 8 12 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9018-04 2000 $484 . 52 $242 . 26 $242 . 26 Page 5 • EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $242 .26 Levy Code : 2100 Assessed Value Land: $37, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS: Parcel 9 13 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9019-03 2000 $1, 752 .44 $876 . 22 $876 . 22 Total amount due, not including interest and penalty: $876 . 22 Levy Code: 2100 Assessed Value Land: $112, 000 . 00 Assessed Value Improvements : $ 23, 000 . 00 AFFECTS : Parcel 10 14 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9031-07 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 11 15 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9049-07 2000 $885 . 57 $442 . 79 $442 . 78 Page 6 • 411 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $442 . 78 Levy Code : 2100 Assessed Value Land: $68, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS: Parcel 12 • 16 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9071-08 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code: 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 13 17 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9012-00 2000 $3 , 887 .23 $1, 943 . 62 $1, 943 . 61 Total amount due, not including interest and penalty: $1, 943 . 61 Levy Code : 2100 Assessed Value Land: $300, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 15 18 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9001-03 2000 $2, 955 . 68 $1, 477 . 84 $1, 477 . 84 Page 7 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $1,477 . 84 Levy Code: 2100 Assessed Value Land: $143, 000 . 00 Assessed Value Improvements : $ 85, 000 . 00 AFFECTS: Parcel 16 19 . We note Deed recorded October 28, 1968 under King County Recording No. 6425925, being a re-recording of King County Recording No. 6333028 . Said Deed purports to correct the legal description of Parcel 12 , when in fact it does not : The description of Parcel 12 as contained herein is taken from King County Recording No. 6333028 . A survey of said premises may be necessary to established the correct boundaries of said lot. 20 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : . Road Affects : Parcel 13 and other property Disclosed by: Instrument recorded under Recording Number 1350490 21 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Puget Sound Power & Light Company Purpose: Right of way for electric line Area Affected: Parcels 3 , 10 and 15 and other property Recorded: May 10, 1934 Recording No. : 2799523 22 . Notice contained in instrument recorded under Recording No. 3487123 affecting a portion of Parcel 3 and other property. It is understood that a strip of land 30 feet wide lying North of said description and adjacent thereto has been conveyed to King County for roadway purposes. 23 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose: Right of way for ingress and egress Affects : East 30 feet of Parcel 1 Disclosed by: Instrument recorded under Recording Number 4359638 24 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: City of Renton Purpose : Right of way for sanitary sewer Area Affected: Portion of Parcel 5 Recorded: October 6, 1970 Recording No. : 6700775 25 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton Purpose : Right of way for sewer line Area Affected: A portion of Parcel 1 Recorded: October 6, 1970 Recording No. : 6700781 Page 8 • EXCEPTIONS Order No. H903072 - 26 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton Purpose : Right of way for sewer line Area Affected: A portion of Parcel 8 Recorded: October 6, 1970 Recording No. : 6700783 27 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: City of Renton Purpose: Right of way Area Affected: A portion of Parcels 9 and 12 and other property Recorded: October 6, 1970 Recording No. : 6700787 28 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose: Right of way for road Affects : West 15 feet of Parcel 10 Disclosed by: Instrument recorded under Recording Number 7505120513 29 . RESERVATIONS AND OTHER MATTERS contained in Deed recorded October 25, 1898, King County Recording No. 170321, in Volume 231, page 517 . 30 . COVENANTS, CONDITIONS AND RESTRICTIONS imposed by instrument recorded on September 13 , 1978, under Recording No. 7809130772 . AFFECTS : Parcel 11 31 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Right of way for maintenance of sewer interceptor Affects : Parcel 11 Disclosed by: Instrument recorded under King County Recording No. 7809130772 32 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Roadway and utilities Area Affected: Parcel 13 Recorded: May 16, 1986 Recording No. : 8605161099 33 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Roadway and utilities Area Affected: Parcel 11 and other property Recorded: May 16, 1986 Recording No. : 8605161100 Said easement may be merged with the legal title to Parcel 11 . Page 9 EXCEPTIONS Order No. H903072 34 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose: Roadway and utilities Area Affected: Parcel 3 Recorded: May 16, 1986 Recording No. : 8605161101 Said easement may be merged with the legal title of said premises . 35 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: City of Renton Purpose: A utility easement 10 feet in width Area Affected: As described therein Parcel 15 Recorded: Not disclosed Recording No. : 6700775 and 6700776 36 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, if any, disclosed by Survey recorded under King County Recording No. 8410299008 . RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 37 . Any change in the boundary or legal description of the land, or title to the estate insured, due to a shift or change in the course of Lake Washington. 38 . Rights and easements of the public for commerce, navigation, recreation and fisheries . 39 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose: Roadway Area Affected: Easterly portion of said premises and other property Recorded: June 9, 1950 Recording No. : 4023743 AFFECTS : Parcel 16 • Page 10 ' EXCEPTIONS Order No. H903072 40 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose: Trim vegetation to a height of 8 feet Affects : The description contained therein is not sufficient to determine its exact location within the property herein described Disclosed. by: Instrument recorded under King County Recording No. 6595559 AFFECTS : Parcel 16 • 41 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton, a municipal corporation Purpose : Public utilities (including water and sewer) with necessary appurtenances Area Affected: Portion of said premises as described therein Recorded: October 6, 1970 Recording No. : 6700767 AFFECTS : - Parcel 16 42 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton, a municipal corporation Purpose : Public utilities (including water and sewer) with necessary appurtenances Area Affected: Portion of said premises as described therein Recorded: October 6, 1970 Recording No. : 6700777 AFFECTS : Parcel 16 43 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : U.S. West Communications, Inc. , a Colorado corporation Purpose : A perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such telecommunications facilities electrical facilities Area Affected: As constructed Recorded: January 18, 2000 Recording No. : 20000118001281 AFFECTS : Parcel 12 FJG/erl Page 11 Order No. H903072 • LEGAL DESCRIPTION: PARCEL 1 : The north 123 . 12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington. PARCEL 2 : The west 100 . 00 feet as measured at right angles to the west line of Tract 30, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; EXCEPT the north 123 . 12 feet as measured at right angles to the north line of said Tract 30, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington. PARCEL 3 : That portion of Government Lot 1, lying within the north 20 feet of the west 1042 . 7 feet of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1 . PARCEL 4 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, extended, intersects the north line of said Section; thence south 89 degrees west along the north line of said Section, 168 . 8 feet to the true point of beginning; thence south 391 .4 feet to the north line of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; thence south 89 degrees west, 112 . 5 feet; thence north 391 .4 feet; thence east 112 . 5 feet to the point of beginning; EXCEPT the north 30 feet thereof lying within the County Road; EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed recorded under Recording Number 2882752 . Page 12 Order No. H903072 PARCEL 5 : Beginning 1040 .5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 85 .4 feet, more or less, to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; • thence along said plat line south 89 degrees west, 425 feet, more or less, to the angle corner of said Plat; thence along said plat line south 45 degrees west, 356 feet, more or less, to the easterly line of Lake -Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east, 410 feet, more or less, to a point which is south 89 degrees west from the true point of beginning; - thence north 89 degrees east, 456 feet, more or less, to the point of beginning; EXCEPT that portion lying easterly of the following described line: Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south to intersect with the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 3 , City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . PARCEL 6 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point where the easterly line of Hillman's Boulevard (104th Avenue Southeast) , as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, extended could intersect the north line of said Section 5; thence running along said north line, north 89 degrees 03 minutes 45 seconds west, 168 . 8 feet; thence south 98 . 0 feet to the centerline of an existing stream and the true point of beginning; thence continuing south 293 . 67 feet to the north line of Eldon Acres Tracts; thence south 89 degrees 02 minutes 15 seconds east along said north line, 168 . 8 feet; Page 13 1110 0 Order No. H903072 • thence north 205 . 9 feet to the centerline of said stream; thence northwesterly following centerline 194 feet, more or less, to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, where the easterly line of Hillman Boulevard, as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west, King County Aerial Survey Meridian) ; thence south 1 degree 02 minutes 55 seconds west, a distance of 184 . 8 feet, more or less to the centerline of creek, said point being the north end of the line between Marenakos and Stride; thence continuing south 1 degree 02 minutes 55 seconds west, a distance of 206 . 95 feet, more or less, to the north line of Eldon Acres and the south end of line between Marenakos and Stride. PARCEL 7 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 . 5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; - thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north 89 degrees east, 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to the true point of beginning; EXCEPT the following described tract : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 . 5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . Page 14 4 S Order No. H903072 • PARCEL 8 : Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 276 feet; thence north 89 degrees east, 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to beginning; TOGETHER WITH the following described parcel : Beginning 1040 . 5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 85 .4 feet, more or less, to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; thence along said plat line south 89 degrees west, 425 feet, more or less, to the angle corner of said Plat; thence along said plat line, south 45 degrees west, 356 feet, more or less, to the easterly line of Lake Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east 410 feet, more or less, to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east, 456 feet, more or less, to the point of beginning; EXCEPTING therefrom that portion lying westerly of the following described line : Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south to intersect with the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . Page 15 4 Order No. H903072 PARCEL 9 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, with the north line of said Section 5; thence west along the north line of said Section, 168 . 8 feet to the true point of beginning of the tract herein described; thence east along said north line, 60 feet; thence south to the centerline of creek; thence westerly along said centerline to a point south of the true point of beginning; thence north to the true point of beginning; EXCEPTING the north 30 feet thereof for road. PARCEL 10 : That portion of the northwest quarter of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 . 5 feet to the true point of beginning described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. PARCEL 11 : The south 10 feet of the north 30 feet of the east 554 . 5 feet of the west 584 . 5 feet of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington. PARCEL 12 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the easterly margin of Hillman' s Boulevard "104th Avenue Southeast" , as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to the City of Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, prolongated southerly with the north line of said Section 5; thence west along said north line, 25 feet to the true point of beginning of this description; Page 16 0111 Order No. H903072 thence west 83 . 80 feet; thence south at right angles to the north line of said Section 5 to the centerline of a stream, said centerline being the north line of a tract of land conveyed to James L. Marenakos and Georgia Marenakos, his wife, by deed recorded under Recording Number 5109221; thence easterly along said centerline to a point south of the true point of beginning, as measured at right angles to the north line of said Section 5; thence north to the true point of beginning; EXCEPT the north 20 feet thereof. PARCEL 13 : The east 108 . 8 feet of the following described parcel : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the south 10 feet of the east 108 . 8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042 . 7 feet of said Section; TOGETHER WITH an easement for ingress, egress and utilities over the following described parcel : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; Page 17 S. M Order No. H903072 • EXCEPT the east 110 . 8 feet thereof; EXCEPT that portion lying within the north 20 feet of the west 1042 . 7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554 . 5 feet of said Section. PARCEL 14 : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue S .E. ) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110 . 8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1, 042 . 7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554 . 5 feet of said section. PARCEL 15 : Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence north 89 degrees east 300 feet; thence south 20 degrees east 240 . 5 feet; thence south 40 degrees east 160 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, records of said county; thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard; thence northwesterly along said boulevard line 280 feet, more or less, to the easterly line of the Neal Turner County Road; thence northerly along said road line to beginning. PARCEL 1 : The north 123 . 12 feet as measured at right angles to the north line of Tract 30 and All of Tract 31, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington. PARCEL 2 : The west 100 . 00 feet as measured at right angles to the west line of Tract 30, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; EXCEPT the north 123 . 12 feet as measured at right angles to the north line of said Tract 30, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington. Page 18 S. OS Order No. H903072 PARCEL 3 : That portion of Government Lot 1, lying within the north 20 feet of the west 1042 . 7 feet of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1 . PARCEL 4 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, extended, intersects the north line of said Section; thence south 89 degrees west along the north line of said Section, 168 . 8 feet to the true point of beginning; thence south 391 .4 feet to the north line of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; thence south 89 degrees west, 112 . 5 feet; thence north 391 .4 feet; thence east 112 . 5 feet to the point of beginning; EXCEPT the north 30 feet thereof lying within the County Road; EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed recorded under Recording Number 2882752 . PARCEL 5 : Beginning 1040 . 5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 85 .4 feet, more or less, to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; thence along said plat line south 89 degrees west, 425 feet, more or less, to the angle corner of said Plat; thence along said plat line south 45 degrees west, 356 feet, more or less, to the easterly line of Lake Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east, 410 feet, more or less, to a point which is south 89 degrees west from the true point of beginning; thence north 89 degrees east, 456 feet, more or less, to the point of beginning; Page 19 .40 Order No. H903072 • EXCEPT that portion lying easterly of the following described line: Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south to intersect with the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 3 , City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . PARCEL 6 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point where the easterly line of Hillman' s Boulevard (104th Avenue Southeast) , as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, extended could intersect the north line of said Section 5 ; thence running along said north line, north 89 degrees 03 minutes 45 seconds west, 168 . 8 feet; thence south 98 . 0 feet to the centerline of an existing stream and the true point of beginning; thence continuing south 293 . 67 feet to the north line of Eldon Acres Tracts; thence south 89 degrees 02 minutes 15 seconds east along said north line, 168 . 8 feet; thence north 205 . 9 feet to the centerline of said stream; thence northwesterly following centerline 194 feet, more or less, to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line : Beginning at a point on the north line of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, where the easterly line of Hillman Boulevard, as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west, King County Aerial Survey Meridian) ; thence south 1 degree 02 minutes 55 seconds west, a distance of 184 . 8 feet, more or less to the centerline of creek, said point being the north end of the line between Marenakos and Stride; thence continuing south 1 degree 02 minutes 55 seconds west, a distance of 206 . 95 feet, more or less, to the north line of Eldon Acres and the south end of line between Marenakos and Stride. Page 20 S. Order No. H903072 PARCEL 7 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 .5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north 89 degrees east, 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to the true point of beginning; EXCEPT the following described tract : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 . 5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . PARCEL 8 : Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 276 feet; thence north 89 degrees east, 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to beginning; TOGETHER WITH the following described parcel : Beginning 1040 . 5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 85 .4 feet, more or less, to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; Page 21 Order No. H903072 thence along said plat line south 89 degrees west, 425 feet, more or less, to the angle corner of said Plat; thence along said plat line, south 45 degrees west, 356 feet, more or less, to the easterly line of Lake Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east 410 feet, more or less, to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east, 456 feet, more or less, to the point of beginning; EXCEPTING therefrom that portion lying westerly of the following described line: Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south to intersect with the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . PARCEL 9 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, with the north line of said Section 5; thence west along the north line of said Section, 168 . 8 feet to the true point of beginning of the tract herein described; thence east along said north line, 60 feet; • thence south to the centerline of creek; thence westerly along said centerline to a point south of the true point of beginning; thence north to the true point of beginning; EXCEPTING the north 30 feet thereof for road. PARCEL 10 : That portion of the northwest quarter of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 . 5 feet to the true point of beginning described; • Page 22 Order No. H903072 • thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. PARCEL 11 : The south 10 feet of the north 30 feet of the east 554 . 5 feet of the west 584 . 5 feet of Government Lot 1, Section 5 , Township 23 North, Range 5 East, W.M. , in King County, Washington'. PARCEL 12 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the easterly margin of Hillman' s Boulevard "104th Avenue Southeast" , as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to the City of Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, prolongated southerly with the north line of said Section 5; thence west along said north line, 25 feet to the true point of beginning of this description; thence west 83 . 80 feet; thence south at right angles to the north line of said Section 5 to the centerline of a stream, said centerline being the north line of a tract of land conveyed to James L. Marenakos and Georgia Marenakos, his wife, by deed recorded under Recording Number 5109221; thence easterly along said centerline to a point south of the true point of beginning, as measured at right angles to the north line of said Section 5; thence north to the true point of beginning; EXCEPT the north 20 feet thereof . PARCEL 13 : The east 108 . 8 feet of the following described Parcel : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the south 10 feet of the east 108 . 8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042 . 7 feet of said Section; TOGETHER WITH an easement for ingress, egress and utilities over the following described parcel : Page 23 Order No. H903072 The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110 . 8 feet thereof; EXCEPT that portion lying within the north 20 feet of the west 1042 . 7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554 .5 feet of said Section. PARCEL 15 : Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence north 89 degrees east 300 feet; thence south 20 degrees east 240 . 5 feet; thence south 40 degrees east 160 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, records of said county; thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard; thence northwesterly along said boulevard line 280 feet, more or less, to the easterly line of the Neal Turner County Road; thence northerly along said road line to beginning. PARCEL 16 : That portion of the northwest quarter of Section 5, Township 23 North, Range 3 East, W.M. , in King County, Washignton, described as follows : Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, extended, would intersect the north line of said Section 5; thence south 391 .40 feet, more or less, to the south line of the land conveyed by Fred W. Rarey and Helen Rarey,his wife, by deed dated June 1, 1917, recorded in Volume 1129 of Deeds, Page 152, under King County Recording No. 1469521, records of said county; thence east 195 .50 feet, more or less, to the westerly line the right of way of the Columbia and Puget Sound Railroad Company; thence northeasterly along the westerly line of said right of way, to the north line of said Section 5; thence west along the north line of said section to the point of beginning; EXCEPT that portion thereof lying north of the south line of the creek; Page 24 Order No. H903072 • AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet (as measured along the north line of said section) of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek; EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate • of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6, more particularly described as follows : Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Branch with the north line of said Section 5; thence north 89°03 '45" west along said north line 120 . 00 feet to the true point of beginning; thence continuing north 89°03 '45" west 17 . 92 feet to an existing fence; thence south 01°12 '40" west along said 103 . 21 feet to the northerly margin of said abandoned railroad, said point being on a curve to the center of which bears south 41°04 ' 12" east; thence northeasterly along said margin on a curve to the right having a radius of 934 . 904 feet for a distance of 25 .26 feet; thence north 00°33 '45" east 86 . 57 feet to the true point of beginning. FJG/erl Page 25 • - ', • t, 4110 110• • 1 .- 4, i - ,s e nip n ��' 'Da.e+ / 1 Ne7-w-2er .,1. D.‹,11 _.• � 1316.74 -. ?UI� 1'. �^ '/. ..ra •cs.! p. f. f. ' � dY y - \ LV.SIK =s..:: n•d..t•-S. ao/04- V r M 1 �^ O y 1 a -1 ' ;I i \ D t �'� f • A `\i e I� �3.\i NIA• �e c ��w (7 ,.'✓ bed I N r,yM, tt k. __� sex \ \ 1� y�>D ,R.i' ��; : f 1` 9 ,1; . R a \ \ `•n `6l11 LDu/ l 4 .t , • ,7 0 )1I \ 'foss2,.., �(I:. .a.a-q P. f ref-a,f`._ae p• I aaz - / ,. NN• Ai'.'- „.--, ___. a< .r s / 34 N,.. 4 a of / oa ^ t � ..K o i r d \ ? i s e s''47.9 35 \_ ,,,. - N. '?I'' ; i' .a:1 -� ?6 !. °tea ( . e• -a a. t ,f TN y • c 1 n ,l __\._,1,7..t. > 46 -N ? It •, -tea. 1\. ry ✓ rl��1`, ' �\ be of �t� I 36t � '► y7. �a,.‘"f'o.- M ��i� ���. 'j•• �4\ 3 k q •c. 29 D L• 1 R N SP226- 8 '' . \r a f,. U 37 y - x �t� �� - D,p '9,f' \ .a\ � . fi k 38 j• ., . d �. i Pei •• \ �- -rb ,L.f - '--»LOT i•,,,- :/, .'.., , 1,.. r+ . 1' 1:T\. . 'T .('� R . Pa.., t•LOT •e - 43 f + R c :,;+ a: 90 \ , . o 41° i tN CAt. zs t LOT`e .a•. ei • "O "4 N_. _ �'} - \ •�i.7 1-9 LOT 3, g f e.e° '' 0 •/•.'r 0 IPY0%. -.:( \ is''r'P' lo- ..�1 '4:4. 4,�ae_vr Tl.7ff«..n /C` V. •� -\� 1. .r.� f , 1, :.f- I.. rcC iS fer r; Ir L'aS 2 . �•: • a ,� �.�920 \. \ • 40 i•. \vL 27I .vN i'4 i' Lm,,y':. ..V s J' _ u 65l.�f F 7 c .n.oa...r '. jrt:a-_< • �� : r F -.A +� =�`=i l .r ti•e:!--,---F—I�.�t SDPC� -- % - .,,n,b,• : r I This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, easements, en- croachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. References should be made to an accurate survey for further information. SCHEDULL---;FF EXCLUSIONS FROM'COS e:RAGE . THE EXCLUSIONS FROM COVERAGE REFERRED-TO IN-PARAGRAPH 3 ' . • • OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY (10-17-92) AND,ALTA LEASEHOLD location of any improvement now or hereafter erected on the land:(iii)a.Separation in OWNER'S POLICY(10-17-92) ownership or a change in the dimensions or area of the land or any parcel of which the land The following mailers arc expressly excluded from the coverage of this policy and the is or was a part;or(iv)environmental'protection.or the effect of any,violation of these Company will not pay loss or damage,costs,attorneys'Ices or expenses which'arise by reason .. laws••ordinances or governmental regulations,except to the extent that a notice of the of enforcement thereof or a notice of a.defect.lien or encumbrance resulting,from a violation I. (a)Any law,ordinance or.governmental regulation(including,but not limited to building or alleged violation affecting the land has been recorded in the public records at.Date of and.tuning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating Policy.• to,(i)the occupancy,use.or enjoyment of the land:.(ii)the character,dimensions or (h)Any governntental,police power not excluded by(a),above,except to the extend that a location of any improvement now or hereafter erected on the land;(iii)a separation in notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting front a ownership or a change in the dimensions or arca,of the land or any parcel of which the land, , violation or alleged violation affecting the land has been recorded in the public records at is or was a part:or(iv)environmental protection,or the effect of any violation of these bate of Policy. • laws,ordinances or governmental regulations,except to the extent that I a,notice of the 2. Rights of eminent domain unless notice of the exercise thereof has•been recorded in the enforcement hereof or'a nolice,of a defect..lien.or encumbrance resulting from a violation public records at Date of Policy,but"not excluding from coverage any taking which has or alleged violation affecting.the land has been recorded in the public records at Date of occurred prior to Date of.Policy-which would be,binding on the rights of a purchaser for Policy., value without knowledge.- ' (b)Any governmental policy power not excluded by(a)above,except to the extent that a 3. Defects,liens,encumbrances,adverse claims or other matters: ' notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a (a)created,suffered,assumed or agreed to by the insured claimant; violation or alleged violation affecting the land has been recorded in-the public records at - (b) not known to the Company.not recorded in the public records at Dale of Policy,but Date of Policy. known to the insured claimant and not disclosed in writing to the Company by the insured 2. Rights'of eminent domain unless notice of the exercise thereof has been recorded in the claimant prior to the date the insured claimant became an insured under this policy: public records at Date of Policy;but not excluding from coverage any taking which has (c)resulting'in no loss or damage to the insured claimant: ' ' occurred prior to Date of Policy which would he binding on the rights of-a purchaser for '(d)attaching or created stibsegoc)u to Date of Policy(except to the extent that this policy value without knowledge. ' • - insures the priority of the lien of the insured mortgage over any'statutory lien for services. 3.. Defects,liens,encumbrances,adverse-claims or other matters:- • labor or material):or , . , ' (a)'crealed,suffered,assumed or agreed to by the insured claimant; ' ' ' (c)resulting in loss or damage which'would not have been sustained if the insured claimant (b) not known to the Company,not recorded in the public records at Date of Policy,but . ' had paid'value for the insured mortgage. known to the insured claimant and not disclosed in writing to the Company.by the insured 4. ,Unenforceability of the lien of the insured mortgage because of the inability or failure of ' - claimant prior Io,(he date the insured claimant became an insured under this-policy: _ , .•the insured at Date of Policy,.or the inability or failure.of any SSubsequent owner of the . (c)resulting in no loss or damage to the insured claimant; indebtedness,to comply.with applicable doing,business laws of the state in which the land (d)attaching or created subsequent to Date of Policy;or' ' . is situated:' ' (e)resulting in loss or damage which.would not have been sustained if the insured claimant 5, Invalidity Or unenforceability of the,lien of the insured mortgage,or claim thereof,,which had paid value for the estate or interest insured by this policy. - - arises out of the transaction evidenced by the insured mortgage and is based upon usury or 4. Any claim,which arises out of the transaction vesting'in the Insured the estate.or interest ' ,any consumer credit protection or truth in lending law. ' insured by this policy,by reason'of the Operation of federal bankruptcy,state insolvency. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory or similar creditors rights laws,that is based on: lien for services,labor or materials over the lien of the insured mortgage)arising from an (a)the transaction creating the estate or interest insured by this policy being deemed a improvement or work related to the land which is,contracted for and commenced fraudulent conveyance or fraudulent transfer;or • subsequent to Date of Policy and.is not financed in whole or in part by'proceeds of the (b)the transaction creating the estate or interest Insured by this policy being deemed a indebtedness secured by the insured mortgage which at Dale of Policy the insured hits ' preferential transfer except where the preferential transfer results from the failure: advanced or is obligatedlo advance. '• , (i)to timely record the instrument of transfer;or- 7. Any claim which arises out of the transaction creating the interest of the mortgage insured (ii)of such recordation to impart notice to a'purchaser for value or a judgment or lien by this policy,by reason of the operation of federal bankruptcy.state insolvency,or similar creditor. . . -, • creditors rights laws,-that is based on: ' (a)the transaction creating the interest ofthc insured mortgagee being deemed a fraudulent ALTA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD.LOAN conveyance or fraudulent.transfer;or - . - POLICY(10-17-92) . . (b)the subordination of the interest of the insured mortgagee as a result of the application The following matters are expressly excluded from the coverage of this policy and the Company of the doctrine of equitable subordination;or ' will not.pay loss or damage;costs,attorneys'fees or expenses which arise by reason of: (c)the transaction creating the interest of the,insured mortgagee being-deemed a preferential transfer except where the preferential transfer results from the failure: I. '(a)Any law,ordinance Or.governmental regulation(including but not limited to building (i) to-timely record the instrument of transfer;or and zoning laws.ordinances,or regulations)restricting,regulating,prohibiting or relating (ii)of-such recordation to impart notice to a,purchascr for value,or a judgment or lien to'(i)the occupancy,use,or enjoyment of the land;'(ii)the character.dimensions'or 'creditor. . • CLTA STANDARD COVERAGE LOAN POLICY(1990) - , •• . The following'tatters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: • • I. (a)Any law,ordinance or governmental regulation(including but not limited to,building or zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the . occupancy,use,Or enjoyment of the land:(ii)the character,dimensions or location of any improvement now or hereafter erectedon the land;(iii)a separation in ownership or a-change in the dimensions or area of the land or any parcel of which the land is or was a parr:or(iv)environmental protection,or the effect of any violation of these laws.ordinances or governmental regulations,except to the-extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from'a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. : . - , (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice Of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded inthe public records at Date of Policy, . 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. •,' • - - , . 3. Defects,liens,encumbrances:adverse claims or other matters: , . , - , (a)whether or not recorded in the public records at Date of Policy.but created,suffered,assumed or agreed to by the insured claimant; • (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured.claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; V (c)resulting in no loss or damage to the insured claimant; - - (d)attaching or created subsequent to Date of Policy;or - - - . (e).resultingSustained if in'loss or damage which would not have been sustaine if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.• 4. Unenforceability-of the lien of the insured mortgage because of the inability or failure'of the insured at Date of-Policy,or the inability or failure of any subsequent owner of the indebtedness. . to comply with the applicable doing business laws of the state in which the land is situated. - 5. Invalidity or unenfdreeability of the lien of the insured mortgage,or claim thereof,which arises out of the.transaction evidenced'by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. : 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy Or the transaction creating the interest of the insured lender.'by reason of the operation'of federal bankruptcy,state insolvency or similar creditors'rights laws. . . • • NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED-BY INQUIRY AT THE OFFICE WHICH ISSUED THE . COMMITMENT,AND A SPECIMEN COPY OF THE POLICY FORM,(OR FORMS)REFERRED TO IN THIS - ' COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST, . . Form 2240-6(2-93)(WA)- . ' - • SCHEDULE B EXCEPTIONS • SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES - STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'fees or expenses which arise by reason of: . .. •. 1. Taxes or assessments which are not now payable or 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; proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not show.n by the records of such agency or by the public records. 2. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession,or claiming to be in possession,thereof. 3. Easements, liens or encumbrances,or claims thereof; which are not shown by the'public records. 4. Discrepancies, conflicts in boundary lines;shortage in area, encroachments, or any oilier facts which a correct survey of the land would disclose,and which are not shown by the public records: 5. Any lien, or right to,a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under workers'compensation laws,not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable.servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under(a),(b),(c)or(d)are shown by the public records. 7: Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 8. Any service, installation,connection,maintenance or construction charges for sewer, water,electricity,garbage collection or disposal, or other utilities unless disclosed as an existing Iien•by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES-EXTENDED COVERAGE The following matters are expressly excluded from the coverage of this policy and the company will not pay loss or damage, costs, attorneys'fees or expenses which arise by reason of: I. Taxes or assessments which are not now payable or 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; proceedings by a public agency which may result in taxes or assessments,or notices of such'proceedings,whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installments which are.not disclosed by the public records. 3. (a) Unpatented mining claims; (b)"reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under(a),(b),(c)or(d)are shown by the public records. 4. Right of use, control or regulation by the United States of America in the'exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service, installation,connection,maintenance or construction charges for sewer, water,electricity,garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. Washington • . B 2240-6(2-93) ISSUED BY COMMONWEALTH LAND TITLE COMPANY FOR TITLE INSURANCE Commonwealth A LANDAMERICA COMPANY Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument,including Commitment,Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY PNp01T(F�y By: Attest: a. d „. ‘2azi.J_t- . 4224- LL: .� Secretary %yo ^4 o� President *03s 'Nda3 Conditions and Stipulations 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise • acquires actual knowledge of any such defect,-lien, encumbrance, adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment.In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment- 1966 Cover Page Form 1004-8 ORIGINAL - 1. r . 14 5 fe..4 Issued from the office of: COMMONWEALTH COMMITMENT FOR LAND TITLE TITLE INSURANCE - r INSURANCE COMPANYAmoucAN IAI,,p Trim ASSOCIATION 1966 Two Union Square 601 Union Street, Suite 3700 Seattle, WA 98101-2327 Phone: (206)343-2800 _ Fax: (206) 689-0288 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMERICA COMPANY Title Insurance Since 1876 HOME OFFICE: 101 Gateway Centre Parkway, Gateway One Richmond,Virginia 23 2 3 5-51 53 J� �l B1004-8 ,� ` 10/24/00 13:33 FAX 2538622274 wjua Grace Construction Products • • GRACE W.R.Croce&Co.-Conn. 293 Wripht&oth9ts Avenue Uvecmoce.CA 04550 (925)443-9700 January 21, 2000 (925)443.9701 Fos GLACIER NORTHWEST 5975 East Marginal Way South • • Seattle,Washington 98111 Gentlemen: This is to certify that the following products, as manufactured and supplied by W.R. GRACE &CO:CONN.,are formulated to comply with the noted ASTM designations: DARAVAIR 1000 ASTM C 260 WRDA 64 ASTM C 494,TYPE A DARACEM 19 ASTM C 494,TYPE A&F DARACEM 55 ASTM C 494,TYPE A DARATARD 17 ASTM C 494,TYPE B &D DCI ASTM C 494, TYPE C DCI-S • ASTM C 494,TYPE C POLARSET ASTM C 494, TYPE C GILCO ACCELERATOR ASTM C 494,TYPE C • ADVA FLOW ASTM C 494,TYPE F ADVA 100 ASTM C 494,TYPE F RECOVER ASTM C 494,TYPE D The above-mentioned products do not contain calcium chloride or chloride containing compounds as functional ingredients. Chloride ions may be present in trace amounts contributed from the domestic water supply used during the manufacturing process of each product. The foregoing is in addition to and not in substitution for our standard Conditions of Sales printed on the reverse side hereof. Michael Gardner Technical Service Manager Authorized Signature • State of California County of Alameda Subscribed and sworn to, before me,January 21, 2000. • KARIN D. WALTERS• • �,� ,. COMMISS ON 1124524 C..Z� m • a f"''{': NOTARY PUBLIC•CALIFORNIA Karin D. Walters/Notary Public %0 ALAMEDA COUNTY y •i Com fission E;iias Jan.26,2001 1 r-�v CLOVER CREEK LUA-00-065-FP LND-10-0336 PORTION OF GOVERNMENT LOT 1 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON EASEMENT CITY OF RENTON APPROVALS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, US WEST COMMUNICATIONS, AT&T CABLE TELEVISION, AND CITY OF RENTON (SEWER, WATER& CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT SIDEWALK), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR EXAMINED AND APPROVED THIS DAY OF , 2000 TEN FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS IN WHICH TO INSTALL, LAY,CONSTRUCT, RENEW, OPERATE AND MAINTAIN SIDEWALK AND UNDERGROUND CONDUITS,MAINS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS ADMINISTRATOR SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, GAS AND UTILITY SERVICES. TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. ALSO EACH CITY OF RENTON CITY COUNCIL LOT SHALL BE SUBJECT TO AN EASEMENT 2.5 FEET IN WIDTH, PARALLEL WITH AND ADJACENT TO ALL EXAMINED AND APPROVED THIS DAY OF , 2000 INTERIOR LOT LINES FOR THE PURPOSES OF UTILITIES AND DRAINAGE. THESE EASEMENTS ENTERED UPON FOR THOSE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. MAYOR NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC OR FOR TELEPHONE USE, OR CABLE TELEVISION, FIRE OR POLICE SIGNALS, OR OTHER PURPOSES,SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY EXAMINED AND APPROVED THIS DAY OF , 2000 LOT OUTSIDE THE BUILDING THEREON UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT TO THE BUILDING. CITY CLERK, ATTEST EASEMENT CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON THE PLAT' AND ALL SPECIAL ASSESSEMENTS ON ANY OF THE PROPERTY HEREIN CONTAINED, SHALL BE OWNED, OPERATED, AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION CREATED DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE, ARE PAID IN FULL. FOR THIS PLAT.THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW. EXAMINED AND APPROVED THIS DAY OF , 2000 THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT FINANCE DIRECTOR IN THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. KING COUNTY APPROVALS DEDICATION/CERTIFICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED,HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE KING COUNTY FINANCE DIVISION CERTIFICATE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN HEREON IN THE ORIGINAL REASONABLE COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED PUBUC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBUC PURPOSES AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE, ARE PAID IN FULL. AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE,UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS EXAMINED AND APPROVED THIS DAY OF 2000 PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN PUBLIC. KNOW ALL PEOPLE BY THESE PRESENT THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE DIRECTOR DEPUTY OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS DEPARTMENT OF ASSESSEMENTS MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING EXAMINED AND APPROVED THIS DAY OF , 2000 ---- OWNER/APPLICANT OWNER/APPLICANT KING COUNTY ASSESSOR DEPUTY ASSESSOR RESTRICTIONS OWNER/APPLICANT OWNER/APPLICANT NO LOT OR CHANIONGE OF A LOT F RED PLAT SHALL BE NERSH AND SOLD O RESOLDOOR ACKNOWLEDGEMENTS OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. STATE OF WASHINGTON) COUNTY OF KING THIS IS TO CERTIFY THAT ON THIS DAY OF , 2000 BEFORE ME,THE SURVEYOR'S CERTIFICATE UNDERSIGNED,A NOTARY PUBLIC,OPFERSONALLY APPEARED THAT EXECUTED THE FOREGOING DEDICATION,AND WHO ACKNOWLEDGED TO ME THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID ASSOCIATION,FOR THE USES AND PURPOSES THEREIN MENTIONED,AND ON OATH STATED I HEREBY CERTIFY THAT THIS PLAT OF CLOVER CREEK IS BASED UPON THAT HE WAS AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 5 , TOWNSHIP 23 NORTH, RANGE 5E W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; WITNESS MY HAND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS STAKED CORRECTLY ON THE GROUND AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATTING R ULATIOI . NOTARY PUBUC IN AND FOR THE STATE OF WASHINGTON,RESIDING AT MOU IR H. CER TOUMA 94705 $ .-- ,o WAS STATE OF WASHINGTON) a ; COUNTY OF KING fi ", z THIS IS TO CERTIFY THAT ON THIS DAY OF ,2000 BEFORE ME,THE 4 UNDERSIGNED,A NOTARY PUBLIC,PERSONALLY APPEARED � INDIVIDUALS KNOWN TO ME TO BE A,AL EXECUTED THE FOREGOING DEDICATION,AND WHO ACKNOWLEDGED TO ME THE SAID war, RECORDING CERTIFICATE ,22,0 INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUALS FOR p. THE USES AND PURPOSES THEREIN MENTIONED. WITNESS MY HAND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. FILED FOR RECORD AT THE REQUEST OF THE RENTON CITY COUNCIL THIS - DAY OF__ A.D. 2000 . AT MINUTES PAST_ M, AND RECORDED NOTARY PUBLIC IN AND FOR THE STATE OF IN VOLUME_-OF PLATS, PAGE_ , RECORDS OF KING COUNTY. WASHINGTON,RESIDING AT KING COUNTY, WASHINGTON • DIVISION OF RECORDS AND ELECTIONS MANAGER !v LAND SURVEYORS SUPERINTENDENT OF RECORDS TOUMA ENGINEERS �►P 7 QO/O /�� 000 6 rt� SHEET 1 OF 7 O,;;;;-��^�E WA;V261-°; }yl-Do1 LUA-00-065-FP CLOVER CREEK LND-10-0336 PORTION OF GOVERNMENT LOT 1 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. . CITY OF RENTON, WASHINGTON NW CORNER OF SECTION 5-23-5 NORTH QUARTER CORNER OF SECTION 5-23-5 FND COPPER PIN ON 5'DIA CONC FND BRASS NAIL IN CONC MON MON IN CASE. CITY OF RENTON CONTROL IN CASE. CITY OF RENTON CONTROL MON#266(5/99) MON#1886(5/99) NE CORNER OF SECTION 5-23-5 MON WAS NOT FOUND,POSITION OF NE SEC COR ro SEC COR 89-09'32"W CORNER WAS CALCULATED FROM SECTION 5 •, _ - _ N 89'OJ'45'W N_8975'76'W BREAKDOWN W ' O 1316.98' 1376.98 2646.21' I NE 28 STREET • n_,_o N v GI./ ' r S m 1 O I W M.C. CORNER OF SECTION 5-23-5 Z N Tu MON WAS NOT FOUND. LOCATION WAS LI o o p v CALCULATED a h m 18' "i 0 O h N 2 I N 2 T I W 2 12 NE 2OTH STREET 1350.17 2648.02' ZN 8976'O3'W(MEAN) I Q Co 1wQ 2 GL.3 cy W I o ,"Pi2 0 o W o� n n S O N 1 S M.C. CORNER OF SECTION 5-23-5 1 SE CORNER OF SECTION 5-23-5 - FND CONC MON(8/83) GL.4 FND 3/4"PIPE(8/83) NE 127H STREET . 89556' _ _ 2648.73'_ _��_ •N 8851'3M W N 89'33'00"W A M.C. TO SEC COR N 8922'34"W - • SECTION 5-23-05 NATIVE GROWTH PROTECTION EASEMENTS PLAT NOTES "THE NATIVE GROWTH PROTECTION EASEMENT(NGPE) ON THIS CLOVER CREEK PLAT TRACT "A"IS A NATIVE GROWTH PROTECTION EASEMENT AND IT IDENTIFIES THE STEEP SLOPES. THE CREATION OF THE NATIVE GROWTH PROTECTION SHALL BE THE CLOVER CREEK HOMEOWNERS ASSOCIATION EASEMENT (NGPE) CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND RESPONSIBILITY TO MAINTAIN TRACT 'A': WITHIN THE EASEMENT AREA. THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE VEGETATION FOR THE CONTROL OF SURFACE WATER AND TRACT B"IS A NATIVE GROWTH PROTECTION EASEMENT AND IT EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND SHALL BE THE CLOVER CREEK HOMEOWNERS ASSOCIATION PROTECTION OF PLANT AND ANIMAL HABITAT. THE NATIVE GROWTH PROTECTION RESPONSIBILITY TO MAINTAIN TRACT B". EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON, TO ALL DIMENSIONS ARE CALCULATED OR MEASURED UNLESS OTHERWISE LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE EASEMENT NOTED ON THE PLAN. AREA. THE VEGETATION WITHIN THE NGPE MAY NOT BE CUT, PRUNED, COVERED BY FILL REMOVED OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM THE CITY OF RENTON, PROVIDED HOWEVER, THAT THE OWNERS OF UNDERLYING PROPERTY MAY RESTRICTIONS INSTALL LANDSCAPING.THE RIGHT OF ENTRY GRANTED HEREIN SHALL APPLY TO THE AGENTS, REPRESENTATIVE AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT OWNERS LOTS 18 THROUGH 22 INCLUSIVE SHALL MAINTAIN A MINIMUM OF 15-FOOT OF THE UNDERLYING PROPERTY. BUILDING SETBACK ALONG THE SOUTH SIDE OF THESE LOTS ADJACENT THE RAVINE SLOPES, OTHERWISE A GEOTECH ENGINEER RECOMMENDATION MAY BE REQUIRED FOR LESSER SETBACK. DECLARATION OF COVENANT THE ACCESS SERVING LOTS 17 AND 18 SHALL BE THE MAINTAINED BY THE OWNER OF THE LAND EMBRACED WITHIN THIS LONG PLAT,IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON COVENANTS AND AGREES TO CONVEY THE OWNERS OF LOTS 17 AND 18. THE STORM EASEMENT OVER THE THE BENEFICIAL INTEREST IN THE NEW PRIVATE EASEMENT SHOWN ON THIS LONG PLAT TO ANY THE ACCESS ROAD SHALL BE MAINTAINED BY THE CLOVER CREEK AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISIONS THEREOF. THIS ASSOCIATION. COVENANT SHALL RUN WITH THE LAND AS SHORN ON THIS LONG PLAT. NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR S c. OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OR `xOt H.T THIS PLA T SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH Y � LOCATED. ! n' THE FOLLOWING PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS SHALL RUN Ir '�' WITH THE LAND AND DO HEREBY BIND ALL PRESENT AND FUTURE OWNERS, HEIRS, ''11 ' bl7✓$ASSIGNS AND RESIDENTS OF CLOVER CREEK TO BE MEMBERS OF THE HOMEOWNERS � �12TOUMA ENGINEERS ASSOCIATION AS SET FORTH IN THE DOCUMENT FILED UNDER KING COUNTY 1�, SURVEYORS RECORDING NO. • �}`NIL LAB SHEET 2 OF 7 �, �LAND^� �• °°°�°B2/01 bi wvar(1211211-°Es1 FAX NO 211-QLS -q-LI I"-WI LUA-00-065-FP CLOVER CREEK LND-10-0336 PORTION OF GOVERNMENT LOT 1 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON LEGAL DESCRIPTIONS PARCEL 7 That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: PARCEL 1 Beginning of a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554.5 feet to the true point of The north 123.12 feet as measured at right angles to the north line of Tract 30 beginning of the tract herein described; thence south 89 degrees west, 254.5 and All of Tract 31, Eldon Acres, according to the plot thereof recorded in feet; thence south 20 degrees east, 240.5 feet; thence south 40 degrees east, Volume 11 of Plots page 86, in King County, Washington.. 760 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north 89 degrees east, 228 feet; thence PARCEL 2 north 276 feet; thence south 89 degrees west, 228 feet to the true point of beginning; EXCEPT the following described tract: Beginning at a point 30 feet The west 700.00 feet as measured at right angles to the west line of Tract 30, south and 30 feet east of the northwest corner of said Section 5; thence north Eldon Acres, according to the plot thereof recorded in Volume if of Plats,page 89 degrees east, 554.5 feet to the true point of beginning of the tract herein 86, in King County, Washington; EXCEPT the north 123.12 feet os measured at described; thence south 89 degrees west, 254.5 feet; thence south 20 degrees right angles to the north line of said Tract 30, according to the plat thereof east, 240.5 feet; thence south 40 degrees east, 160 feet; thence north 45 recorded in Volume 11 of Plats,page 86, in King County, Washington. degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. PARCEL 3 ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment Number 009-85, recorded That portion of Government Lot 1, lying within the north 20 feet of the west under Recording Number 8602139002. 1042.7 feet of Section 5, Township 23 North, Range 5 East, W.M., in King County, PARCEL 8 Washington; EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1. Beginning at a point 30 feet south and north 89 degrees east, 872.5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M., in PARCEL 4 King County, Washington; thence south 276 feet; thence north 89 degrees east, 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, beginning; TOGETHER 61TH the following described parcel: W.M., in King Counts Washington, described as follows: Beginning 1040.5 feet east and 306 feet south of the northwest corner of Beginning of a point where the easterly line of Hillman Boulevard as shown on- Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King the plot of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, County, Washington; thence south 85.4 feet,more or less, to the north line of according to the plot thereof recorded in Volume 11 of Plats,page 63, in the plot of Eldon Acres, according to the plot thereof recorded in Volume 11 of King County, Washington, extended, intersects the north line of said Section; Plots,page 86, in King County, Washington; thence along said plat line south 89 thence south 89 degrees west along the north line of said Section,168.8 feet to degrees west, 425 feet, more or less, to the angle corner of said Plot; thence the true point of beginning; thence south 391.4 feet to the north line of Eldon along said plat line, south 45 degrees west, 356 feet, more or less, to the Acres, according to the plot thereof recorded in Volume 11 of Plots,page 86, in easterly line of Lake Washington Boulevard; thence northwesterly along said King County, Washington; thence south 89 degrees west, 112.5 feet; thence north Boulevard line, 75 feet, more or less, to a point on a line which is parallel 391.4 feet; thence east 112.5 feet to the point of beginning; EXCEPT the north with and 75 feet northwesterly from said plot line; thence north 45 degrees east 30 feet thereof lying within the County Rood; EXCEPT any portion thereof lying 410 feet, more or less, to a point which is south 89 degrees west from the point within that certain tract of land as deeded to Paul A.Lapp by Warranty Deed of beginning; thence north 89 degrees east, 456 feet, more or less, to the point recorded under Recording Number 2882752. of beginning; EXCEPTING therefrom that portion lying westerly of the following described line: PARCEL 5 Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M., in Beginning 1040.5 feet east and 306 feet south of the northwest corner of King County, Washington; thence south to intersect with the north line of the Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King plot of Eldon Acres, according to the plat thereof recorded in Volume 17 of County, Washington; thence south 85.4 feet,more or less, to the north line of Plots,page 86, in King County, Washington and the terminus of said line. the plot of Eldon Acres, according to the plat thereof recorded in Volume 11 of ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85, recorded Plats,page 86, in King County, Washington; thence along sold plat line south 89 under Recording Number 8602139002. degrees west, 425 feet, more or less, to the angle corner of said Plot; thence along said plot line south 45 degrees west, 356 feet, more or less, to the PARCEL 9 easterly line of Lake Washington Boulevard; thence northwesterly along sold Boulevard line, 75 feet, more or less, to a point on a line which is parallel That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, with and 75 feet northwesterly from said plat line; thence north 45 degrees W.M., in King County, Washington, described as follows: east, 410 feet, more or less, to a point which is south 89 degrees west from the Beginning at the intersection of the easterly line of Hillman Boulevard as shown true point of beginning; thence north 89 degrees east, 456 feet, more or less, on the plot of Hillman's Lake Washington Garden of Eden Addition to Seattle No. to the point of beginning; 1, according to the plot thereof recorded in Volume 11 of Plots,page 63, in EXCEPT that portion lying easterly of the following described line: Beginning at King County, Washington, with the north line of said Section 5; thence west o point 30 feet south and north 89 degrees east, 812.5 feet from the northwest along the north line of said Section, 168.8 feet to the true point of beginning corner of Section 5, Township 23 North, Range 5 East, W.M., in King County, of the tract herein described; thence east along said north line, 60 feet; Washington; thence south to intersect with the north line of the plot of Eldon thence south to the centerline of creek; thence westerly along said centerline Acres, according to the plat thereof recorded in Volume 11 of Plats,page 86, in to a point south of the true point of beginning; thence north to the true point King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 3, City of beginning; EXCEPTING the north 30 feet thereof for road. of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002. PARCEL 10 PARCEL 6 That portion of the northwest quarter of the northwest quarter of Section 5, That portion of Government Lot 1, Section 5, Township 23 North; Range 5 East, Township 23 North, Range 5 East, W.M., in King County, Washington, described as W.M., in King County, Washington, described os follows: follows. Beginning at a point where the easterly line of Hillman's Boulevard(104th Beginning at a point 30 feet south and 30 feet east of the northwest corner of Avenue Southeast), as shown on the plat of Hillman's Lake Washington Garden of said Section 5; thence north 89 degrees east, 554.5 feet to the true point of Eden Addition to Seattle No. 7, according to the plat thereof recorded in Volume beginning described; thence south 89 degrees west, 254.5 feet; thence south 20 11 of Plats,page 63, in King County, Washington, extended could intersect the degrees east, 240.5 feet; thence south 40 degrees east, 160 feet; thence north north line of said Section 5; thence running along said north line, north 89 45 degrees east, 108 feet, more or less, to a point south of the true point of degrees 03 minutes 45 seconds west, 168.8 feet; thence south 98.0 feet to the beginning; thence north to the true point of beginning. centerline of an existing stream and the true point of beginning; thence PARCEL 11 continuing south 293.67 feet to the north line of Eldon Acres Tracts; thence south 89 degrees 02 minutes 15 seconds east along said north line, 768.8 feet; The south 10 feet of the north 30 feet of the east 554.5 feet of the west 584.5 thence north 205.9 feet to the centerline of said stream; thence northwesterly feet of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in following centerline 194 feet,more or less, to the true point of beginning; King County, Washington. EXCEPT any portion thereof lying easterly of the following described line: Beginning at a point on the north line of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, where the easterly line of Hillman PARCEL 12 Boulevard, as shown on the plot of Hillmans Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plot thereof recorded in Volume 17 That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, of Plats,page 63, in King County, Washington, would intersect the north line of W.M., in King County, Washington, described as follows: said Section 5(the bearing of sold north line being north 89 degrees 03 minutes Beginning at the intersection of the easterly margin of Hillman's Boulevard 45 seconds west, King County Aerial Survey Meridian); thence south 1 degree 02 "104th Avenue Southeast` as shown on the plat of Hillmans Lake Washington minutes 55 seconds west, a distance of 184.8 feet, more or less to the Garden of Eden Addition to the City of Seattle No. 1, according to the plat centerline of creek, said point being the north end of the line between thereof recorded in Volume 11 of Plats,page 63, in King County, Washington, Morenakos and Stride; thence continuing south 1 degree 02 minutes 55 seconds prolongated southerly with the north line of said Section 5; thence west along west, a distance of 206.95 feet, more or less, to the north line of Eldon Acres said north line, 25 feet to the true point of beginning of this description; and the south end of line between Morenakos and Stride. thence west 83.80 feet; thence south at right angles to the north line of said • Section 5 to the centerline of a stream, said centerline being the north line of a tract of land conveyed to James L. Morenakos and Georgia Morenakos, his wife, by deed recorded under Recording Number 5109221; thence easterly along said qp centerline to a point south of the true point of beginning, as measured at right ‘INR H.T, angles to the north line of said Section 5; thence north to the true point of 'li aq r4 beginning; EXCEPT the north 20 feet thereof. eA- ��"' eo Ind �TOUMA ENGINEERS 'l t LAND SURVEYORS raNnLLncID SHEET 3 OF 7 e/22/01 !WT SWM MIST W51-665 SWIM E-1F•IWENT,WA 08.23 '1• S' PfI01K tIT)t3J-Mrt! FAY OM NJJ-eSt! -R-14t-OOI LUA-00-065—FP CLOVER CREEK LND-10-0336 PORTION OF GOVERNMENT LOT 1 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON PARCEL 13 The east 108.8 feet of the following described parcel: The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, -W.M., in King County, Washington, lying westerly of the southerly extension of SPECIAL NOTES the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the south 10 feet of PERPETUAL RIGHT OF OWNERS TO USE CREEK AREA AND the east 108.8 feet thereof, ALSO EXCEPT that portion thereof lying within the• FOR MAINTENANCE OF CONCRETE DAM NOTED ON RECORDING north 20 feet of the west 1042.7 feet of said Section; TOGETHER WITH an easement NO. 170321. for ingress, egress and utilities over the following described parcel: The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 LOTS 8, 9 AND 10 ARE BUILDABLE LOTS, HOWEVER, NO BUILDING FOOTPRINTS North, Range 5 East, W.M., in King County, Washington, lying westerly of the SHALL LIE WITHIN THE DRIP LINE OF THE EAGLE PERCH TREE(48"RR)LOCATED southerly extension of the easterly margin of Hillman's Boulevard(104th AT THE SOUTHEAST CORNER OF LOT 9. THIS LARGE TREE SHALL NOT BE Avenue Southeast)and lying easterly of the easterly margin of Neal Turner Rood; REMOVED OR ALTERED IN ANY WAY WITHOUT A HAZARD TREE ASSESSMENT EXCEPT the east 110.8 feet thereof,. EXCEPT that portion lying within the north CONDUCTED BY A CERTIFIED ARBORIST AND A REPORT SUBMITTED FOR RENEW 20 feet of the west 1042.7 feet of said Section; ALSO EXCEPT that portion lying AND APPROVAL BY THE WASHINGTON DEPARTMENT OF FISH AND WILDLIFE(WDFW). within the south 10 feet of the west 554.5 feet of said Section. FURTHER, IF THIS TREE DOES BECOME AN ACTIVE NEST TREE FOR BALD EAGLES AT PARCEL 14 - SOME POINT IN THE FUTURE, WDFW SHALL BE NOTIFIED AND POSSIBLE TIMING CONDITIONS ON ADDITIONAL CLEARING AND EXTERNAL CONSTRUCTION MAY BE The north 30 feet of that portion of the northwest quarter of Section 5, NEEDED TO AVOID DISTURBANCE DURING THE CRITICAL NESTING SEASON. Township 23 North,Range 5 East, W.M., in King County, Washington, lying THE OWNERS OF LOT 51 SHALL PROTECT AND RETAIN(50)FIFTY PERCENT OF westerly of the southerly extension of the easterly margin of Hillman's THE STANDING FIR TREES ALONG THE WEST PORTION OF THE LOT. Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Rood;; EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, within the north 20 feet of the west 1,042.7 feet of said Section; ALSO EXCEPT EASEMENTS OR OTHER SERVITUDE, IF ANY, DISCLOSED BY that portion Lying within the south 10 feet of the west 554.5 feet of said section. SURVEY RECORDED UNDER KING COUNTY RECORDING NO.84 1 0299 008. PARCEL 15 INGRESS, EGRESS, ROAD IMPROVEMENTS AS ESTABLISHED BY SUPERIOR COURT NO. 85-2-00831-6 DO NOT IMPACT THE PLAT, Beginning at a point on the easterly line of the Neal Turner County Rood at a SINCE THE GRANTORS AND GRANTEE OF SUCH INGRESS, EGRESS AND point which is 30 feet south and 30 feet east of the northwest corner of UTILITIES EASEMENT ARE THE SAME OWNERS. Government Lot 1, Section 5, Township 23 North,Range 5 East, W.M., in King County, Washington; thence north 89 degrees east 300 feet; thence south 20 degrees east 240.5 feet; thence south 40 degrees east 160 feet,more or less, to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plot of Eldon Acres, according to the plot thereof recorded in Volume 11 of Plots,page 86,records of said county, thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard; thence northwesterly along said boulevard line 280 feet,more or less, to the easterly line of the Neal Tumer County Road; thence northerly along said road line to beginning. PARCEL 16 That portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washign ton, described as follows: Beginning at a point on the north line of said Section 5 where the easterly line • of Hillman Boulevard as shown upon the Plat of Hillmans Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats,page 63, in King County, Washington, extended, would intersect the north line of said Section 5; thence south 391.40 feet, more or less, to the south line of the land conveyed by Fred W. Rarey and Helen Rarey, his wife, by deed dated June 1, 1917,recorded in Volume 1129 of Deeds, Page 152, under King County Recording No. 1469521,records of said county, thence east 195.50 feet,more or less, to the westerly line the right of way of the Columbia and Puget Sound Railroad Company, thence northeasterly along the westerly line of said right of way, to the north line of said Section 5; thence west along the north line of said section to the point of beginning; EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet(as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek; EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6, more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Branch with the north line of said Section 5; thence north 89'03'45"west along said north line 120.00 feet to the true point of beginning; thence continuing north 89'03'45"west 17.92 feet to on existing fence; thence south 0172'40 west along said 103.21 feet to the northerly margin of said abandoned railroad, said point being on a curve to the center of which bears south 41'04'/2"east; thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet; thence north 0033'45"east 86.57 feet to the true point of beginning. 4 og.H.T,G �pF MA qo ( 0. 1i a<,e tl:, '1 ' 'ztpr TOUMA ENGINEERS �eiszlu;s & LAND SURVEYORS SHEET 4 OF 78632 SOWN,slsr MACE 511e2 2-102•NEST,WA sedz trcws(4u12s;-06ES roe ryes)251-062s -344I-001 CLOVER CREEK = Lua-oo-LND-10-0336336 PORTION OF GOVERNMENT LOT 1 • OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. CITY OF RENTON, WASHINGTON1 . GRAPHIC SCALE 20'ROAD&UTILITY ESM'T 5, so 160 10'US WEST COMM. EASEMENT W 1040.5'NEC NO. 8605761101 1p REC. NO. 20000420000794 , NW CONNER OF SE'noN 5-23-8 ' REC. NO. 20000420000795 NORTH BOUNDARY LINE FNO BRASS NAIL IN CONC MON REC. NO. 20000420000796 AS ESTABLISHED BY SUPERIOR COURT IN CASE.CITY OF R.WON CONTROL' CAUSE NO. 92-2-24469-1 IN ELT NON/1886(5/99) i - - I inch= 40 N. I 1000' L 10.00S - �..T7 N003614 E S89 V3 46'E N0036'14'E f 0.00' j ' 1 -� _I; _� 50.00' NOOS6'14 Cons,.O.7.63' I, - 4 Jo_3 q• 2as2' 2soa.. - - -f24.92' f00.00' • S89V3' f 1 1 • �, _ 350.00' •I say SE?9V3'48'E ' $ 24.92' --50,001_ __50,00'__ _50.00'__ _ - 1 _ • _ _- ._.J N,:t f 60.00 ��Da_ LL DD'__2508 Const.C. v ___ RN150I4' '49' 3o' 3 f 70'SANIT4RY SEWER ESM'T L-38.78'I I o 3 n W REC NO. 7809130772 o W 28 29 0" 30 31 $n hn on 0I o h I Q L • \\ 12,793S.F. 0 5,509S.F.-•o5,250S.F. ^• 5,250S.F.^2 5,32F-2 ,33 2Oo 34 00 35 2n 536F�0 37 \ _ A \ 2 h 0 y 5,250 S.F. 2 5,250 S.F. 2 5,250 S.F. j499 2 5,865 S.F. a i - 2 O0 _ , f, C4 26.23; 50.00' c,. ,. - 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' C3 fi Y. Y, iij{ f: 5/00' ___� \\ 5°S1.9 •W\ L 83-8• 00 9 5874.23"E - N - - 589'03'46£- -_Cp \ 10'UTILITIES& 583.82' • to Y N SIDEWALK EASEMENT N NORTH 27th PL. L J 4&p(' 0"s ^ _ _ \s Gti5 _ 38.00' 55.00'_ 50.00' 50.00' 50.00' 50.00' Z CONSTRUCTION ��,N I /' CENTERLINE S, m- \ 2 7 I. 21' 21' I - W 1 R> s 14. 13 / 1 9 51\•42.1w��2- N m\\ 7,674 S.F. I • o f • , 1 2 1 0 • ozi I • 5,213 S.F. 4,861 S.F. 4,575 S.F. •,.4,650 S.F. 4,650 S.F. 4,650 S.F. , 4. \ ( p g� I S89403% IE i 2 I \ I 3y I I ; Q 1118.21' N853923"W, `'009' 50.00' 585 39 23 E 50 no' S0 00'/`' V S89"03'46"E 100.00' I 589'O 46 E \ le,,,,.h I 5,590 SF. Q I 15 W PRIVATE'ACCESS N NR/P LINES FOR Coast.C.L. 9�'��2' I Epp p6 O V EASEMENT lA N 48'RR TREE Oelt6=7820'Or v. S8 2.5E I N` cc 6,728 S.F. 0 pl' 4i? 1 7 N R-30,00' � 1. I 1°: S 9 6 m N L gs Const.00L �. 25 I w 42 --Lii 5� 6,450 S.F. t' 2p 9,293 Sr co sn, a7J 322'W n 5,595 S.F. C2f \ \ •` C2 91 g9 5"E �G \ ',15'PRIVATE STORM.a i i / O I q4$$ I u O\ N69•,�O,�1t gC4.1 �/ ORANpEASEMENT 'it S8'0325"E \ o9 NP09141 \ 1 8 >r• ' '/ NOTE: -30_- I c+"OE EE56 Eso,p3 ,, 6' \ 5,608 S.F.,-' // '/ SEE SHEET 7 OF 7 FOR CURVE N \ 24 \N7. �c ' �,•6s•\\ • 39 / AND LINE TABLE INFORMATION. Lg� \ 6,219 S.F. \ 30 �/' y85'•29°N' /i/ N 9 se'\4 •�•`P m.� \ ,• ~� u•Jan 5i. „9 . co 8,3951 SF. �*- 56' / \� \`\\ • r9 ,\ • . \"s. S •i82 29 39.E , /' Epp• ��. 23 55.87' / ti�a, v.5� w_ \ \ 4,884 S.F. c G\4 / 'r 90 4J•0 '/i.fi0'SS EASEMENT ��g H.p0 2i0 \ \\S i/ �`O• •V // to<\✓// / REC O. 6700775 P eAs 1/6 2 0 N.m: P▪e,...... lif.3`i.•. \ • 5,517 S.F. 1 O O�� \ I A''/OUNDA 17 N SETBACKS 1 l7 \ 2 22 I MMENDED BY 7HE • ��,. /'� ! 7,207 S.F. _ I 21 / ' OTECHNICAL REPORT 'In d„NAL7.um \ �L�\ .� •` I 6.835 S.F. ,� ��� �� e/zz/aT \ ,\\ I / 10'SS ASEMENT ,SR36 LQ� // • 15'SS EAS• ENT /'/•�'/ n O. 6700775 �h • LOT NUMBER - ADDRESS \ \ Ifs k'AC' T /4 1. 1215 N 27TH PL 27. 2719 W/LUAMS AVE N \ 30,' � I. NATIVE CT RECH PROTECTION 2. 1209 N 27TH PL 27. 903 N 27771 PL \ /j EAS`NMENT RECORDED UNDER KING 3. 1205 N 277H PL 28. 900 N 27TH PL \ %\ ,/�OUJTY RECORDING/,` 4. 7201 N 27TH PL 29. 906 N 27TH PL 10'UT/L! S& •(/ 78,118 S.F. 5. 1167 N 277H PL 30. 912 N 27TH PL SIDEWALK E SEMENT 0 ' 6. 1161 N 27TH PL 31. 1002 N 277H PL (DP) \ �\ / .�. (Ol 7. 1115 N 27TH PL 32. 1008 N 27TH PL \ / pC7 LQ� 8. 1101 N 27TH PL 33. 1014 N 27TH PC \ \ -/,///'// .(c)4, , 9. 1035 N 27TH PL 34. 1020 N 27771 PL 10. 1029 N 277H PL 35. 1026 N 277H PL \ l7 .'/, SS EASEMENT / .0 11. 1023 N 277H PL 36. 1032 N 27TH PL ..•�.1017 ' 74. 1003 N 277N PL 39. 1110 N 27TH PL LEGEND 14. 2722 WILLIAMS AVE N 40. 1716 N 277H PL 15. 2716 WILLIAMS AVE N 41. 7022 N 27TH PL (1) EX MON IN CASE ._ _ _ 16. 2712 WILLIAMS AVE N 42. 1028 N 27TH PL & SET MON IN CASE \ \ ._ ' 17. 2708 WILLIAMS AVE N 43. 1034 N 27TH PL 0 SURFACE BRASS MONUMENT / 18. 2704 WILLIAMS AVE N 44. 1040 N 27771 PC N PK NAIL \ 19. 2706 WILIAMS AVE N LLIAMS AVE N 45. 1200 N 277N PL • SET I/2'REBAR&CAP \ `/ 46. 1206 N 27TH PL 21. 2620 WILLIAMS AVE N 47. 1212 N 27TH PL 'LS \ ti/ \ 22. 2621 WILLIAMS AVE N 48. 1347 N 27TH PL W. SET OFFSET LEAD& TACK 5� �2TOUMA ENGINEERS 23. 2625 WILLIAMS AVE N ON CURB IN LINE W/LOT LINE \ �J LL��� LAND SURVEYORS 49. 2630 PARK AVE N 1" 0 24. 2707 WILLIAMS AVE N 50. 2615 PARK AVE N FOUND REBAR&CAP 25. 2711 WILLIAMS AVE N 51. 2631 PARK AVE N OR IRON PIPE(NOTED) 6eu SIAM IOTA RAGE SAW E- •KM A cew2 26. 2715 WILLIAMS AVE N SHEET 5 OF 7 RR (426,26I-6666 /.�,26I.6625 __ ___ CLOVER CREEK LUA-98-141—FP PORTION OF GOVERNMENT LOT 1 LND-10-0305 • OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M. CITY OF RENTON, WASHINGTON GRAPHIC SCALE ' NORTH BOUNDARY LINE (IN FEET) AS ESTABLISHED BY SUPERIOR COURT ` 1 inch= 40 It ' CAUSE NO. 92-2-24469-1 30'ROAD EASEMENT FOR KING I}—COUNTY, THE N. 30'OF THE E. I I I I1076'14't 00' II 15'PRESCRIPTIVE I228'OF THE W. 812.50' fASEME T TiP. _ 30'STORM DRAIN _ r REC. Na 3487123. N'-.-- — — +-EASEMENT 589173' I -- -Q —' — — 11 S89733'46 E I i ----53.00--__53.00'- -_.-53.00 _53.0a'_ __53.00 O_O__.5a_oa'_'1 3 294.96' - - _- -69.08' —__ —-- W - W w 10'SANITARY SEWER ESM'T • ,0 W II W W 4, p� )n)I n '" 38 0" 41 0" • h� �� 40 �h �h 42 �h 44 , 4, 00� 39 o h 25,565 S.F. 2 15565 S.F. 2 5,565 S.F. 2 5,565 S.F. Z 5,620 SF. --o 43 2 0 8,742 S.F. *..,,,y 4 i 5,891 S.F. h E:, . C1 i'I RETE C'AM 10'STORN DRAIN - - - — f." EASEMENL _ - _ - _ - - - - - - - - _ \ CZ S7REAM s3�235E __ h 53 00' y 'I 53.00' f 53.00' ! 53.00' �8.82' C36 F` _ �p v/ 77.75 W _ N °'T TRACT "Bi \ W 58903'46 E v) _-.— 583.82' c' \ to p NATIVE GROWTH PROTECTION NORTH 27th PL /dT°3• EASEMENT RECORDED UNDER KING 50.00'�_ toa.00' '' 94.82' °O' 'c+w\ COUNTY RECORDING# K W — - w \ W 54,022 S.F. lo 7 ro \\ % \ N89'03.4 "W "!h \ \ 36.05 • 55.0U" 54.86 •!0 8 •n44 8,507 S.F. 2 O 4,650 S.F. 0� \`$ mN�d >.\ •0\ 4 2 3 >.� ,96 45 59 449^• ti - w " )+! \ 4,768 S.F. 4 6 4 7 q N 50.00' • 50.00' S 5832 % \\a+• \o�O 5,032 S.F. 4.864 S.F. b S8903'467' '(REp, \ 6' 0•7, _J O g9. TRACT "A" • �,1s �\�O 57.02' 5341' 6 JOE��9 LU 1.11 NATIVE GROWTH PROTECTION , , 8,271 S.F. ' • 0•00 N 58903'46 E I Z EASEMENT RECORDED UNDER KING' \ °N� 172.65' COUNTY RECORDING# , ,, 78,016 S.F. '' °?B , 4.1 NORTH 27th N PL111 _ ._ _. _ •'i '4.". , C29 48.53' 67.22' X 1 - V) A. 3 = 2 .�� 11,453 S.F. •''N0 io O � 5,B79 S.F. •0j�� 4,920 S.F. 2^4,502 S.F. o n 4,5461 S.F. n, x 2 t01 `` 98.22' 160 76' 7Z96' 33.77' • 40.89' • 60.00' • 60.07' \\ \ N89t73'46'W , •x ---- x --- x •x \ ,\\_ \ 370.72' ''SB9'03'46 E \ \ • M I \ \ 51 \ \ S25-4O 40,841 S.F. \ \ \ \ \ x H \ \ NOTE: I - \ \ SEE SHEET 7 OF 7 FOR CURVE I 144.32' \ \ AND LINE TABLE INFORMA TION. M co - \ -- \ O•• ' S89 03'46 E - .-. .. \ -\ \ VOj ST.0/3, 255.00' \ \ EO0'E\ \ \ — of STORM DRAIN -7 0 '9 EASEMENT O. E oo/n \ \ / -A)/EP 20,245 S.F. \ \Z AQUIFER PROTECTION NOTICE \ \ $ \?33 THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTONS ' \ k' S)7�)' c6, \ AQUIFER PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS A� - 0'9E' OF THE CITY OF RENTON ORDINANCE#4367. THIS CITY'S SOLE \\ ,,, \ 11' X SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW `r����^��,,. Fl.TO""" —. 26"7 S x •j AQUIFER UNDER THE CITY'S SURFACE. THERE IS NO NATURAL BARRIER oe nsj \ S>>z� x 74g3^ BETWEEN THE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD Q• I►-� \ oe•e BE EXERCISED WHEN HANDLING ANY LIQUID SUBSTANCE OTHER THAN y „ ' x `, WATER TO PROTECT FROM CONTACT WI7H THE GROUND , l \ 4j • ?2B• SURFACE. IT IS THE HOMEOWNERS RESPONSIBILITY TO PROTECT s I i, a a \ , THE CITY'S DRINKING WATER. 7' A . s ; \ o '�C NAv ,°-"iS SHEET 6 ?OF 7 CLOVER CREEK LUA-98-141-FP PORTION OF GOVERNMENT LOT 1 LND-10-0305 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON CITY OF RENTON APPROVALS EASEMENT CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, EXAMINED AND APPROVED THIS DAY OF , 2000 US WEST COMMUNICATIONS, TCI CABLE TELEVISION, AND CITY OF RENTON (SEWER, WATER& SIDEWALK), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR ADMINISTRATOR TEN FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN SIDEWALK AND UNDERGROUND CONDUITS, MAINS, CABLES CITY OF RENTON CITY COUNCIL AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS EXAMINED AND APPROVED THIS DAY OF 2000 SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC,'TELEPHONE, GAS AND UTILITY SERVICES. TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. ALSO EACH LOT SHALL BE SUBJECT TO AN EASEMENT 2.5 FEET IN WIDTH, PARALLEL WITH AND ADJACENT TO ALL INTERIOR LOT UNES FOR THE PURPOSES OF UTILITIES AND DRAINAGE. THESE EASEMENTS ENTERED UPON MAYOR FOR THOSE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. EXAMINED AND APPROVED THIS DAY OF , 2000 NO UNES OR WIRES FOR THE TRANSMISSION OF ELECTRIC OR FOR TELEPHONE USE, OR CABLE TELEVISION, FIRE OR POLICE SIGNALS, OR OTHER PURPOSES, SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY CITY CLERK, ATTEST LOT OUTSIDE THE BUILDING THEREON UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT TO THE BUILDING. CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE EASEMENT I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND ALL SPECIAL ASSESSEMENTS ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR OTHER PUBLIC USE, ARE PAID IN FULL. THE DRAINAGE FACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS SHOWN ON THE PLAT EXAMINED AND APPROVED THIS_DAY OF , 2000 SHALL BE OWNED, OPERATED, AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION CREATED FOR THIS PLAT. THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABLISHED IN ACCORDANCE WITH WASHINGTON STATE LAW. FINANCE DIRECTOR THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT KING COUNTY APPROVALS IN THE MAINTENANCE OF THE DRAINAGE FACIUTIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. SEATTLE/KING COUNTY HEALTH DEPARTMENT: DEDICATION/CERTIFICATION EXAMINED AND APPROVED THIS DAAOFY OF 2000 ENVIRONMENTAL HEALTH DIVISION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SUBDIVIDED, HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE KING COUNTY FINANCE DIVISION CERTIFICATE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF FOR ALL PUBUC PURPOSES NOT INCONSISTENT WITH THE USE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE THEREOF FOR PUBLIC HIGHWAY PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR SLOPES FOR CUTS AND FILLS UPON THE LOTS SHOWN HEREON IN THE ORIGINAL REASONABLE COLLECTION AND ALL SPECIAL CERTIFIED TO THIS GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE FOR COLLECTION THATON ANY OF THE PROPERTY ASSESSMENTSHNRSIN CONTAINED,TO THISDEDI OFFICE PUBLIC ALL THE EASEMENTS AND TRACTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS STREETS,OL ALLEYS OR FOR OTHER PUBLIC HER, ARE PAID FULL. AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS EXAMINED AND APPROVED THIS DAY OF 2000 PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN PUBUC. KNOW ALL PEOPLE BY THESE PRESENT THAT WE, THE UNDERSIGNED OWNERS IN FEE SIMPLE DIRECTOR DEPUTY OF THE LAND HEREBY CERTIFY THAT WE HAVE ESTABUSHED A HOMEOWNER'S ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS DEPARTMENT OF ASSESSEMENTS MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER KING COUNTY RECORDING NO. EXAMINED AND APPROVED THIS DAY OF , 2000 OWNER/APPLICANT OWNER/APPLICANT KING COUNTY ASSESSOR DEPUTY ASSESSOR RESTRICTIONS OWNER/APPUCANT OWNER/ APPLICANT NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLD OR RESOLD OR ACKNOWLEDGEMENTS OWNERSHIP CHANGED OR TRANSFERRED WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOCATED. STATE OF WASHINGTON) COUNTY OF KING THIS IS TO CERTIFY THAT ON THIS DAY OF , 2000 BEFORE ME, THE UNDERSIGNED,A NOTARY PUBLIC,PERSONALLY APPEARED SURVEYOR'S CERTIFICATE THAT EXECUTED THE FOREGOING DEDICATION, AND WHO ACKNOWLEDGED TO ME THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID ASSOCIATION,FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED I HEREBY CERTIFY THAT THIS PLAT OF CLOVER CREEK , IS BASED UPON THAT HE WAS AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. AN ACTUAL SURVEY AND SUBDIVISION OF SECTION 5 , TOWNSHIP 23 NORTH, RANGE 5E , W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; WITNESS MY HAND OFFICAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. ON THE GROUND AND THAT I HAVE FULLY COMPLIED WITH THE PROVISION OF THE PLATTING REGULATIONS. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT �YR H.TO 1 OFwsT MOUNIR H. TOUMA PLS. , �Iy► �r CERTIFICATE NO 9470 STATE OF WASHINGTON ' ,'T., ,II COUNTY OF KING '6' I' Y '' THIS IS TO CERTIFY THAT ON THIS DAY OF 2000 BEFORE ME,THE NM RECORDING CERTIFICATE 0,EXPIRES 6/22/0I UNDERSIGNED,A NOTARY PUBLIC, PERSONALLY APPEARED INDIVIDUALS KNOWN TO ME TO BE EXECUTED THE FOREGOING DEDICATION, AND WHO ACKNOWLEDGED TO ME THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUALS FOR THAT THE MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS STAKED CORRECTLY THE USES AND PURPOSES THEREIN MENTIONED. FILED FOR RECORD AT THE REQUEST OF THE RENTON CITY COUNCIL THIS WITNESS MY HAND OFFlCAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. DAY OF__ A.D. 2000 . AT_ _MINUTES PAST M, AND RECORDED IN VOLUME-OF PLATS, PAGE_ , RECORDS OF KING COUNTY. NOTARY PUBLIC IN AND FOR THE STATE OF KING COUNTY, WASHINGTON WASHINGTON, RESIDING AT DIVISION OF RECORDS AND ELECTIONS MANAGER SUPERINTENDENT OF RECORDS SHEET 1 OF 7 _ • CLOVER CREEK L A LN O0_03655-FP • 36 )0'US WEST COMM. EASEMENT PORTION OF GOVERNMENT' LOT 1 REC.NO. 20000420000794 REC NO. 20000420000796 ,_25' Q 25', OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. 20'ROAD&UTILITY EASEMENT E. LINE OF HILLMAN CITY OF RENTON WASHINGTON -..:'',,. -' - :- ,:- E 108.8 REC NOS. 1350490& itBLVD (104TH AVE SE) %3 860516099, &20'ROAD EASEMENT • - W..712.5 OF E.281.30,RECNO. 1478436 - .. `, >: 1 34sso �_ N 28TH ST - - - _ N 89'03'45" W 1316.98' S89'03 46 E _ -� L I - � 05 _N cbo 1 20.00' g I �V� 5013)53"W Ih I 10'SANITARY SEWER i 30'-� 24.68' E$M'T REC NO 6700767$ I 10'SANITARY SEWER$SM'T _ -- REC NO. 7809130772'T I -'�o�S89'n3'46 E'. - , - -• - - NATIVE GROWTH TPR TECTION ^ NEC. Na 20000118001281 EASEMENT = SECTION SNORTH A 23-5 CORNER FND COPPER EASEMENT RECORDED UNDER KING W PIN ON'5'DIA CONC MON IN I h EO(1NTY RECORDING I CASE. CITY OF RENTON CONTROL V) 1 0 .I`$�73.S\F.I MON#266(5/99) e/ )') h s67/.55 l $ GRAPHIC SCALE = I Awo39'; 10"SANITARY SEWER x� \ - 26.80'I � /; �/ `'so, ESM'T REC NO 6700787 55477`25 E (IN FEET) -d ;'/ - _ 1 inch 7 40 (L ��`I, / ' �J ' �,SB679' _ /41023'E- ' /.-/ 10'SANITARY SEWER 10'SANITARY SEWER -SB6'45527 W' / /; ESM'T REC NO 6700767 ESM'T REC NO 6700777 52 48'` /'i/ o \ hy0' N 6221• 48 / / ,,/ ` may L i , . N < y�bo 86,030 S.F. // '/ - -- CO- �`�o EX. HOUSE , //// <� o�' ` / //,/ 30'ACCESS EASEMENT Li - N q \ / /,/ NEC NO. 4023743 62.89'_ I ... \ /42 i/ - .. _- 11 10'SANITARY SEWER / ',// % WESM'T REC NO 670077 4`' 21' CS 21' v I AND REC NO 6595559 / ,/,' , () o " I , // (b _ r� CURVE TABLE b' 4 CURVE DELTA LENGTH RADIUS TANGENT 589 03'46"E 241.51' /// OJ� C7 0143'44' 5.23 173.24 2.61 / (/. ,// Q C2 59:T9:76' 26.03 25.00 14.33 / 03 127730" S8I4 271.00 29.18 I I - 1-10'UTILITIES& / - Ns�b -- -- - C4 O5T1/SY 2380 277.00 11.91 I SIDEWALK EASEMENT / cis, C5 9090'21' 39.27 25.00 25.00 (T)P) / "-j0 - o- C6 09 427Y 38.79 229.00 19.44 I• J 67 9977'04" 43.39 25.00 29.51 h / o SS EASEMENT T4 I^ I 4 9 / ,if CITY OF RENTON t2327J" 3792 naza r9.o3 REC.NO. 6700781 C9 0603'18" 18.31 17124 9.16 I^ Om IC/0 0136.03' 52.53 1880.08 26.27 LV h 26,478 S.F. / Q- _ _ C)I 147358' 37.47 125.00 r879 j N I C12 1645'45' 36.57 I2500 I8.42 O I I P, ,11 , 0 CI3 0272'13' 4.81 125.00 2.40 2 Z I . / ^I' C14 064579' 6.48 55.00 325 30 ACCESS EASEMENT C15 J630:76' 35.05 55.00 J814 W I 1/ C NO. 4359638 C76 367832' 35.01 55.00 78.12 I I C18 367574' 34.96 55.00 18.10 / -' -- --- -- - CIB 3674'43' 34.95. 55.00 18.09 1-j' 7193' I I Q I..• �I / CI9 272759' 26.27 55.00 iJJ9 .in1 k o >r / _C20 - _3523'42' 3398 55.00 17.55 to 627C22 32405J' 37.37 55.00 16.13 X 4 y SB9t73'46£ 189.00' N�/7j42�y(RJ C24 1895739' B38J 2500 rsu C25 0726'06" 16.22 125.00 _ 8.12 if C26 097372' 20.48 725.00 10.26 C27 1679'08' 3597 725.00 18.71 C28 217742' 46.82 125.00 23.69 '.) I -. , - - - - - LINE TABLE C29 0575'59' 11.49 125.00 575 .7, CJO 90'00'00' 47.72 30.00 30.00 al -" - LINE LENGTH BEARING C31 10742'37' 47.00 25.00 34.23 Li 11.74 NSTOS'39"E C32 1742'JY 23.18 75.00 77.68 L2 E 26.00 620'56'35" 034 r53s'2z' .T32J 122.00 76.72 L3 34.64 N3536'45`E C35 1538'01' .3329 122.00 16.75 - 21' 24' ^ L4 3.00 689'03'46"E C36 1676'11' 34.64 722.00 17.44 io 3y c5, '1? o 4g3^ $ 5?SQ' 6 h 1 ''; ry :0 O 93 .P a MAS. it e e �/�/ °tea \ \ 'i47o S'»,urEs »6/zz/ol j • TOUMA ENGINEERS I,1-1` ��T� � 4t LAND SURVEYORS SHEET 7 OF 7WI AMIE„MIST ,��^ AM�E1 /u„�6,_ D:\7411PLAT.dwg CLOVER CREEK LUA-98-141—FP PORTION OF GOVERNMENT LOT 1 LND-10-0305 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON NW CORNER OF SECTION 5-23-5 NORTH QUARTER CORNER OF SECTION 5-23-5 FND COPPER PIN ON 5"DIA CONC FND BRASS NAIL IN CONC MON MON IN CASE. CITY OF RENTON CONTROL IN CASE. CITY OF RENTON CONTROL MON#266(5/99) MON CASE. (5/99) • NE CORNER OF SECTION 5-23-5 MON WAS NOT FOUND, POSITION OF NE SEC COR TO SEC COR 89'09'32-W CORNER WAS CALCULATED FROM SECTION 5 N 69'03'45-W N 8915'16'W BREAKDOWN W- O 1316.98' 1316.98 2646.21' • a NE 28 STREET * GL.1 N I o I M.C. CORNER OF SECTION 5-23-5 2 u W MON WAS NOT FOUND. LOCATION WAS CALCULATED Of. h h o 0n W 0 Z 2 2 j 2 NE 207H STREET 2 1350.17 d 2648.02' 4� N 8916'03.W(MEAN) I Q W¢ 2 G.L.3 aU •l Lai n2 v°O hl� W S O N I z M.C. CORNER OF SECTION 5-23-5 I SE CORNER OF SECTION 5-23-5 END CONC MON(8/83) GL.4 FND 3/4"PIPE(8/83) NE 12TH STREET e9356' _ 2648.73' 88 5135'W N 89 33'00'.W M.C. TO SEC COR N 8922'34"W • SECTION 5-23-05 PLAT NOTES: RESTRICTIONS NATIVE GROWTH PROTECTION EASEMENTS AND BUILDING SETBACK LINES, EXCEPT AS TRACT"A"IS A NATIVE GROWTH PROTECTION EASEMENT AND IT SPECIFICALLY APPROVED BY THE CITY OF RENTON, STRUCTURES, FILL AND SHALL BE THE CLOVER CREEK HOMEOWNERS ASSOCIATION OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DRAINAGE FACILITIES, DECKS, RESPONSIBILITY TO MAINTAIN TRACT A': PATIOS, OUTBUILDINGS, OR OVERHANGS BEYOND 18 INCHES) ARE PROHIBITED WITHIN THE BUILDING SETBACK LINE(BSBL) AND WITHIN FLOODPLAINS(IF APPLICABLE) AND TRACT "B"IS A NATIVE GROWTH PROTECTION EASEMENT AND IT WITHIN THE NATIVE PROTECTION EASEMENT AS SHOWN. DEDICATION OF A NATIVE SHALL BE THE CLOVER CREEK HOMEOWNERS ASSOCIATION GROWTH PROTECTION EASEMENT(NGPE) CONVEYS TO THE PUBLIC A BENEFICIAL RESPONSIBILITY TO MAINTAIN TRACT B': INTEREST IN THE LAND WITHIN THE EASEMENT THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC LOTS 18 THROUGH 22 INCLUSIVE SHALL MAINTAIN A MINIMUM OF 15—FOOT HEALTH SAFETY, AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND BUILDING SETBACK ALONG THE SOUTH SIDE OF THESE LOTS ADJACENT EROSION, MAINTAINING OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING AND THE RAVINE SLOPES, OTHERWISE A GEOTECH ENGINEER RECOMMENDATION PROTECTION OF PLANTS AND ANIMAL HABITAT. THE NGPE IMPOSES UPON ALL PRESENT MAY BE REQUIRED FOR LESSER SETBACK. AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE EASEMENT, THE THE ACCESS 17 18 SHALL BE THE MAINTAINED BY OBLIGATION, ENFORCED ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON, TO LEAVE THE OWNERS SERVING LOTS LOTS AND AND1 T18 STALLRM EASEMENT OVERAITHE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE EASEMENT. THE ACCESS ROAD SHALL BE MAINTAINED BY THE CLOVER CREEK VEGETATION WITHIN THE EASEMENT MAY NOT BE CUT, PRUNED, COVERED BY FILL, ASSOCIATION. REMOVED OR DAMAGED WITHOUT EXPRESS PERMISSION FROM THE CITY OF RENTON WHICH PERMISSION MUST BE OBTAINED IN WRITING FROM THE CITY OF RENTON UTILITIES DEPARTMENT OR ITS SUCCESSOR AGENCY. BEFORE AND DURING THE COURSE OF ANY GRADING, BUILDING CONSTRUCTION, OR OTHER DEVELOPMENT ACTIVITY ON A LOT SUBJECT TO THE NGPE, THE COMMON BOUNDARY BETWEEN THE EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE FENCED OR OTHERWISE MARKED TO THE SATISFACTION OF THE CITY OF RENTON. • @oRA•To, • EXPIRES 6/22/01 SHEET 2 OF 7 0:\7411PLAT.dwg CLOVER CREEK LUA-98-141-FP PORTION OF GOVERNMENT LOT 1 LND-10-0305 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON PARCEL 7 PARCEL 1 That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, The north 123.12 feet as measured at right angles to the north line of Tract 30 W.M., in King County, Washington, described as follows: and All of Tract 31, Eldon Acres, according to the plat thereof recorded in Beginning at a point 30 feet south and 30 feet east of the northwest corner of Volume 11 of Plots,page 86, in King County, Washington. said Section 5; thence north 89 degrees east, 554.5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254.5 PARCEL 2 feet; thence south 20 degrees east, 240.5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south The west 100.00 feet as measured at right angles to the west line of Tract 30, of the true point of beginning; thence north 89 degrees east, 228 feet; thence Eldon Acres, according to the plot thereof recorded in Volume 11 of Plots,page north 276 feet; thence south 89 degrees west, 228 feet to the true point of 86, in King County, Washington; EXCEPT the north 123.12 feet as measured at beginning; EXCEPT the following described tract: Beginning at a point 30 feet right angles to the north line of said Tract 30, according to the plat thereof south and 30 feet east of the northwest corner of said Section 5; thence north recorded in Volume 11 of Plats, page 86, in King County, Washington. 89 degrees east, 554.5 feet to the true point of beginning of the tract herein • described; thence south 89 degrees west, 254.5 feet; thence south 20 degrees PARCEL 3 east, 240.5 feet; thence south 40 degrees east, 160 feet; thence north 45 • degrees east, 108 feet, more or less, to a point south of the true point of That portion of Government Lot 1, lying within the north 20 feet of the west beginning; thence north to the true point of beginning. 1042.7 feet of Section 5, Township 23 North, Range 5 East, W.M., in King County, ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment Number 009-85, recorded Washington; EXCEPT those portions whose interests were quieted under King under Recording Number 8602139002. County Superior Court Cause No. 92-2-24469-1. PARCEL 8 PARCEL 4 Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from That portion of Government Lot 1, Section 5 Township 23 North, Range 5 East, the northwest corner of Section 5, Township 23 North, Range 5 East, W.M., in W.M., in King County, Washington, described as follows: King County, Washington; thence south 276 feet; thence north 89 degrees east, Beginning at a point where the easterly line of Hillman Boulevard as shown on 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, beginning; TOGETHER WITH the following described parcel: according to the plat thereof recorded in Volume 11 of Plots,page 63, in Beginning 1040.5 feet east and 306 feet south of the northwest corner of King County, Washington, extended, intersects the north line of said Section; Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King thence south 89 degrees west along the north line of said Section,168.8 feet to County, Washington; thence south 85.4 feet, more or less, to the north line of the true point of beginning; thence south 391.4 feet to the north line of Eldon the plat of Eldon Acres, according to the plot thereof recorded in Volume 11 of Acres, according to the plat thereof recorded in Volume 11 of Plats,.page 86, in Plots,page 86, in King County, Washington; thence along said plot line south 89 King Counts Washington; thence south 89 degrees west, 112.5 feet; thence north degrees west, 425 feet, more or less, to the angle corner of said Plot; thence 391.4 feet; thence east 112.5 feet to the point of beginning; EXCEPT the north along said plat line, south 45 degrees west, 356 feet, more or less, to the 30 feet thereof lying within the County Road; EXCEPT any portion thereof lying easterly line of Lake Washington Boulevard; thence northwesterly along said within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed Boulevard line, 75 feet, more or less, to a point on a line which is parallel recorded under Recording Number 2882752. with and 75 feet northwesterly from said plat line; thence north 45 degrees east 410 feet, more or less, to o point which is south 89 degrees west from the point PARCEL 5 of beginning; thence north 89 degrees east, 456 feet, more or less, to the point of beginning; EXCEPTING therefrom that portion lying westerly of the Beginning 1040.5 feet east and 306 feet south of the northwest corner of following described line: Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King Beginning at a point 30 feet south and north 89 degrees east, 812.5 feet from County, Washington; thence south 85.4 feet, more or less, to the north line of the northwest corner of Section 5, Township 23 North, Range 5 East, W.M., in the plat of Eldon Acres, according to the plot thereof recorded in Volume 11 of King County, Washington; thence south to intersect with the north line of the Plats,page 86, in King County, Washington; thence along said plat line south 89 plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of degrees west, 425 feet, more or less, to the angle corner of said Plot; thence Plots,page 86, in King County, Washington and the terminus of said line. along said plot line south 45 degrees west, 356 feet, more or less, to the ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85 recorded easterly line of Lake Washington Boulevard,; thence northwesterly along sold under Recording Number 8602139002. Boulevard line, 75 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees PARCEL 9 east, 410 feet, more or less, to a point which is south 89 degrees west from the true point of beginning; thence north 89 degrees east, 456 feet, more or less, That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, to the point of beginning; W.M., in King County, Washington, described as follows: EXCEPT that portion lying easterly of the following described line: Beginning at Beginning at the intersection of the easterly line of Hillman Boulevard as shown a point 30 feet south and north 89 degrees east, 812.5 feet from the northwest on the plat of Hillman's Lake Washington Gorden of Eden Addition to Seattle No. corner of Section 5, Township 23 North, Range 5 East, W.M., in King County, 7, according to the plot thereof recorded in Volume 11 of Plots,page 63, in Washington; thence south to intersect with the north line of the plat of Eldon King County, Washington, with the north line of said Section 5; thence west Acres, according to the plat thereof recorded in Volume 11 of Plots,page 86, in along the north line of said Section, 168.8 feet to the true point of beginning King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 3, City of the tract herein described; thence east along said north line, 60 feet; of Renton Lot Line.Adjustment Number 009-85, recorded under Recording Number thence south to the centerline of creek; thence westerly along said centerline 8602139002. to a point south of the true point of beginning; thence north to the true point of beginning; £XCEP77NG the north 30 feet thereof for road. PARCEL 6 PARCEL 10 That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: That portion of the northwest quarter of the northwest quarter of Section 5, Beginning at a point where the easterly line of Hillman's Boulevard(104th Township 23 North, Range 5 East, W.M., in King County, Washington, described as Avenue Southeast), as shown on the plot of Hillman's Lake Washington Garden of follows: Eden Addition to Seattle No. 1, according to the plot thereof recorded in Volume Beginning at a point 30 feet south and 30 feet east of the northwest corner of 17 of Plats,page 63, in King County, Washington, extended could intersect the said Section 5; thence north 89 degrees east, 554.5 feet to the true point of north line of said Section 5; thence running along said north line, north 89 beginning described; thence south 89 degrees west, 254.5 feet; thence south 20 degrees 03 minutes 45 seconds west, 168.8 feet; thence south 98.0 feet to the degrees east, 240.5 feet; thence south 40 degrees east, 160 feet; thence north centerline of an existing stream and the true point of beginning; thence 45 degrees east, 708 feet, more or less, to a point south of the true point of continuing south 293.67 feet to the north line of Eldon Acres Tracts; thence beginning; thence north to the true point of beginning. south 89 degrees 02 minutes 15 seconds east along said north line, 168.8 feet; thence north 205.9 feet to the centerline of said stream; thence northwesterly PARCEL 11 following centerline 194 feet, more or less, to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line: The south 10 feet of the north 30 feet of the east'554.5 feet of the west 584.5 Beginning at a point on the north line of Section 5, Township 23 North, Range 5 feet of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in East, W.M., in King County, Washington, where the easterly line of Hillman King County, Washington. Boulevard, as shown on the plot of Hillmans Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plot thereof recorded in Volume 11 of Plots,page 63, in King County, Washington, would intersect the north line of PARCEL 12 said Section 5(the bearing of said north line being north 89 degrees 03 minutes 45 seconds west, King County Aerial Survey Meridian); thence south 1 degree 02 That portion of Government Lot 1, Section 5, Township 23 North, Range 5 Eost, minutes 55 seconds west, a distance of 184.8 feet, more or less to the W.M., in King County, Washington, described as follows: centerline of creek, said point being the north end of the line between Beginning at the intersection of the easterly margin of Hillman's Boulevard Marenakos and Stride; thence continuing south 1 degree 02 minutes 55 seconds "104th Avenue Southeast", as shown on the plot of Hillman's Lake Washington west, a distance of 206.95 feet, more or less, to the north line of Eldon Acres Garden of Eden Addition to the City of Seattle No. 1, according to the plot and the south end of line between Marenakos and Stride. thereof recorded in Volume 11 of Plots, page 63, in King County, Washington, prolongated southerly with the north line of said Section 5; thence west along said north line, 25 feet to the true point of beginning of this description; thence west 83.80 feet; thence south at right angles to the north line of sold Section 5 to the centerline of a stream, said centerline being the north line of a tract of land conveyed to James L. Marenakos and Georgia Marenakos, his wife, ,�}��oe vns 00 by deed recorded under Recording Number 5109221; thence easterly along said ,�6 dji ' centerline to a point south of the true point of beginning, as measured at right m angles to the north line of said Section 5, thence north to the true point of beginning; EXCEPT the north 20 feet thereof. `!('L 1 EXPIRES 0/22/01 SHEET 3 OF 7 CLOVER CREEK LUA-00-065—FP LND-10-0336 PORTION OF GOVERNMENT LOT 1 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M. GRAPHIC SCALE • CITY OF RENTON, WASHINGTON — ` - J V 30'ROAD EASEMENT FOR KING - - (IN FEET) COUNTY, THE N. 30'OF THE E. NORTH BOUNDARY LINE 1 inch= 40 It. 228'OF THE W. 812.50'— AS ESTABLISHED BY SUPERIOR COURT II \�\�I - 10'UTILITY&ROAD ESM'T ' 10.00' REC. Na 3487123. CAUSE NO. 92-2-24469-1 1_J�.�I £.456.12 OF W.1040.50 N0056'14 E 30'UTILITY&ROAD ESM'T MOO'. W..172.50'OF E.281.30' = - -- 0056'14£ . . R£C. NOS. 860127047,3 AND ___ 8605161100 •2a.08't --' --- S89t73'46" I ,- ----- - ' - S89V3 46'E ' ___ j 28.92' I • 3 OO/1 53.64' 146.22 294.96' + --- _ _ -- -__56.00-_ __53.OD'_ _SO.DO'-.1_-.3.'t OO _r,_50.02_ +__520d -- 1 I - t o f W 10'SANITARY SEWER ESM'T I $n I '.�'+ 2 M ' w c h REC NO. 780913077, 10'US WEST COMM. EASEMENT $ o o l o o L.�0 0 0 o n m n REC.NO. 20000420000794 REC.NO. 20000420000795 IN I 38 2 139 '2 2 41 42 2 6 4 3 0 4 4 REC. NO. 20000420000796 5,805 S.F. 5,565 SF. 'Z 5,620 S.F. ^25,667 S.F. 0 8,972 S.F. 0�'y 15,880 SF, 5,250 S.F. \9� _ - 7 10'STORM DRAIN 10'SANITARY SEWER - --- —_ A - -- - T ESM'T REC NO 67007:4 -- -�CS7R£_— 530n' y 15600' �, 5300' 50.00' ,�/8.82' C36 /� �'�-A`-_._S8`J5'E Lll I 47 • ,y 71.75 W i 589193'46"E 5,250 S.F. N qts N /mot A " Cn 583.82' — TRACT B Lu __ NORTH 27th PL. N - c NATIVE GROWTH PROTECTION EASEMENT RECORDED UNDER KING v LI I _53.00'_ 'Y' 75.00' _ 116.82' I- - cw\ ,COUNTY RECORDING# n I 3 3 -,- > 54,022 S.F. W ' 0 -7 h \ - \ S89'03'46 E 1 !N II r� / N 10'U7TLITIES& \ - \ 3i 35.30 55.21' 55.21 •10 8 a,p ;n SIDEWALK EASEMENT \ \ 2g2 0 4,929. S.F o 6,726 S.F. 00 �TYP� \m `"N y3A lA 2 v a'-So- y," 45 3 3 �, _h 47 h s 53.00' 47.00' 32 \•'_• O • oL. ' • ye Pt�/ Zss N h O S89'03'46"£ 5 5' ' \ 0 '5 N TRACT "A" 6 \ 0p 55.21 X 55.21 ' NATIVE GROWTH PROTECTION , 8,271 S.F. N EASEMENT RECORDED UNDER KING N ' �B se903'46 E COUNTY RECORDING# 172.65' -� I_-- _— 78,016 S.F. , `o,o cza NORTH 27th PL. N '^Li j r 0 ti 'C2J 48.53' Y, f _ _ _ 61.22' op �\ / i1,453. S.F I ; 3 2 .O M 6,619 S.F. i o"� 1 m O \� o 4,529 S.F. h 5,02. S.F om 5,145. S.F �� 2 2m 2 0/7 \ 98.22' INN 76' 107.23' '0.5 4 \ `, ..\`\\ N89173'46'W 370.72' .0 40.89' 60 On' • 59.85' • N89'00'00'W(Deed) 589'3'46""E \ \ '' \ - I .\ \ N I El \ \ \ 51 \ \ 40,841 S.F. I \ \ \ \ \ o I -I \ \ NOTE \ \ SEE SHEET 7 OF 7 FOR CURVE . I W I AND LINE TABLE INFORMATION. Z . 144.32' \ \ 10 � 4) o \ \ n 6'.00'' DRAINAGE E ENTLT \ \ — 50 •vay 20,245 S.F. \ — AQUIFER PROTECTION NOTICE \ g 23' THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER \ \ N?� ti S�>7�o9 f" PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY \ . Jj� OF RENTON ORDINANCE#4367 AND AS AMENDED BY ORDINANCE Na 4740. ��,,,,,,:,,,,,,,.,,,,,,,,Z y -•' Sr -- THIS CITY'S AQUIFER NDERETHEURCE OF C/TYS SURFACE.DRINKING WATER IH£RE ISIS SUPPLIED FROM A NO NATURAL BARRIERHALLOW \ H.r,,,�� \ `' S>>2i os•- 34, BETWEEN THE WATER TABLE AND GROUND SURFACE.EXTREME CARE SHOULD <� r"(1li .•_ - 3' BE EXERCISED WHEN HANDLING ANY LIQUID SUBSTANCE OTHER THAN 0 ,✓`''• +' - - 4j42g• WATER TO PROTECT FROM CONTACT WITH THE GROUND ./ fir£; SURFACE. IT IS THE HOMEOWNERS RESPONSIBILITY TO PROTECT 5,. • ' THE CITYS DRINKING WATER. I �'� esvo tS IN& D SURVEYORS • i l%PIPES 6/T2/6I Z. 6CJ2 SOWN 191S1 RACE RIM L-IW•NflIT,WA MOTSHEET 6 OF 7 ,251-666, FAX(.t61 251-6626 - — .e ..,.- ---"1-1 74---- , ----T-IM—T .2tt il -7--f -:7--- .,;t-, .. :--t:16:----7----1=1-17-7,1"--1 . ...,. . I •.‘ .:.. ..-.:, ;q ::: '74::•.! i'... io• iz 13 : .4 I 1 1..V is 1 50'4?, 1 45 47 i 4.E 1U: 44 4.i!4: 4i ' 4C. 3. :38-37 !3,1 35 '34 : 33 32 3, • ^, :29 ; 28 27126 ^-1 E i i ! , • in 1 .1. 1„Llial"CCIllal . 1 1 al ,:''' .il.C1 . e .N 74,43,z2te, .._ SO ..i,01. .., . ,,, .1 , 5. : , . i . ,., i . i ' 1 • ' ' .--i ' ' - ' : ' ' —i-- ' r . -.. ! ,•.. 1,...0.:•. 0 1 , .... ::::cc;;; 29TH ST. F., I. ''''' N. • 29TH sT. s 'LI 0 r. -, 41 1 41 .. :::. :•11.1 i - 1 ziez,„ 1 50 ! ; 1... I • , • i .. i - ,,-.--. • - I. ,•••••• ! .• 1 .. •:.• :3: ;ui co • r- I 1 A ."..:\ - .. ., i . 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(I) g..4,/ *‘111z ‘..--- losCo•a3)''';51-72-u4--11-1" is•I (15):/zsg_::::-.-i:::1 I I 4-::: ;'.4r)rl'i - u:VQurLAI.awg CLOVER CREEK LUA-98-141-FP PORTION OF GOVERNMENT LOT 1 LND-10-0305 OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON, WASHINGTON PARCEL 13 The east 108.8 feet of the following described parcel: The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast)and lying easterly of the easterly margin of,Neal Turner Road; EXCEPT the south 10 feet of the east 108.8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042.7 feet of said Section; TOGETHER W/TH an easement for ingress, egress and utilities over the following described parcel: The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman's Boulevard(104th Avenue Southeast).and lying'easterly of the easterly margin of Neal Turner Road; EXCEPT—the east 110.8 feet-thereof; EXCEPT that portion lying within the north 20 feet of:the west 1042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said Section. PARCEL 14 The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington, lying westerly of the southerly extension of the easterly margin of.Hillman's Boulevard(104th Avenue SE)and lying easterly of the easterly margin of Neal Turner Rood;; EXCEPT the east 110.8 feet thereof; ALSO EXCEPT that portion lying within the north 20 feet of the west 1,042.7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554.5 feet of said section. PARCEL 15 Beginning at a point on the easterly line of the Neal Turner County Road at a point which is 30 feet south and 30 feet east of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M., in King County, Washington; thence north 89 degrees east 300 feet; thence south 20 degrees east 240.5 feet; thence south 40 degrees east 160 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from the northwesterly line of the plat of Eldon Acres, according to the plot thereof recorded in Volume 11 of Plots,page 86, records of said county; thence on said parallel line south 45 degrees west to the northeast line of Lake Shore Boulevard; thence northwesterly along said boulevard line 280 feet, more or less, to the easterly line of the Neol Turner County Road; thence northerly along said rood line to beginning. PARCEL 16 That portion of the northwest quarter of Section 5, Township 23 North, Range 3 East, W.M., in King County, Washign ton, described as follows: Beginning at a point on the north line of said Section 5 where the easterly line of Hillman Boulevard as shown upon the Plat of Hillman's Lake Washington Gorden of Eden Addition to Seattle No. 1, according to the p/at thereof recorded in • Volume 11 of Plats, page 63 in King County, Washington, extended, would intersect the north line of said Section 5; thence south 391.40 feet, more or less, to the south line of the land conveyed by Fred W. Rorey and Helen Rarey, his wife, by deed dated June 1, 1917, recorded in Volume 1129 of Deeds, Page 152, under King County Recording No. 1469521, records of said county, thence east 195.50 feet, more or less, to the westerly line the right of way of the Columbia and Puget Sound Railroad Company; thence northeasterly along the westerly line of said right of way, to the north line of said Section 5; thence west along the north line of sold section to the point of beginning; EXCEPT that portion thereof lying north of the south line of the creek; AND EXCEPT roads; ALSO the west 30 feet of the east 150 feet(as measured along the north line of said section)of that portion of the tract hereinabove described lying north of south line of said section of that portion of the tract hereinabove described lying north of the south line of the creek; EXCEPT that portion of the northeast quarter of the northwest quarter of said Section 5 conveyed to the Estate of Mary P. Auge under King County Recording No. 8508280811 in settlement of King County Superior Court Cause No. 85-2-00294-6, more particularly described as follows: Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company's New Castle Branch with the north line of said Section 5; thence north 8903'45"west along said north line 120.00 feet to the true point of beginning; thence continuing north 89'03'45"west 17.92 feet to an existing fence; thence south 0172'40"west along said 103.21 feet to the northerly margin of said abandoned railroad, said point being on a curve to the center of which bears south 410472"east; thence northeasterly along said margin on a curve to the right having a radius of 934.904 feet for a distance of 25.26 feet; thence north 0033'45'east 86.57 feet to the true point of beginning. Y a WA% • ., • 4 N t., • S /•' G3' °A'AL EXPIRES °'22'0 ' SHEET 4 OF 7 0:\74 11PLAT.(Ng I CLOVER CREEK = LUA-98-141-FP LND-10-0305 PORTION OF GOVERNMENT LOT 1 i OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. CITY OF RENTON, WASHINGTON GRAPHIC SCALE O 0 0 xin10 w 80 180 1 1 NORTH BOUNDARY LINE 1 . AS ESTABLISHED BY SUPERIOR COURT CAUSE NO. 92-2-24469-1 5'PRESCRIPTIVE (IN FEEL') O ,iI 10'SS :ASEMENT CAI EAS MENT TYP. 1 inch 40 ft. fU 00' REC NO 7809130772 10.00i 30'ROAD EASEMENT FOR KING S89173'48'E I N00'56'1 E I I SA EMENT TIP. COUNTY, E N. 30'OF?HE E. N00 6'14 E L J - 228'of £W. a12.5o' II 1 g'77'�� 50.00' _ I_ _ L� j REC. NO. 3487123. 30'3 • 5895.Df E •24s2' 2sos - • • ' S89t73'4B•E • 800.00' hm-t ---2492'---5OAO=-_ -_saw'__ -50,00'_-__30.90---tt-50.00'-- • • N I b�0,00'-----5099'---61.80'i >rM t f h^1 f 3 3 3 W 10'SANITARY SEWER ESM'T �1 I o W t0 W W Z Of 2 Q d h o o� oh p�� p� OMB �) oh • m \ 8 = 29 oe530E 31 0 32 33 34 35 0A 36 �� 37 72,794 S.F. to 5,509 S.F.'p p 5,250 S.F."p 5,250 S.F. m A \\ 0 0 .0 t0 5,250 S.F.-.2 5,250 S.F. -2 5,250 S.F. 5250SF. 2 5,355 S.F. OO _- N ?? • C3 C4 .26.23,, 50.00' Y 50.00' ,, 50.00' iR 50.00' ,E 50.00' i�i 50.00' 50.00' S100' L 02 N O L,93 85 9 589'03'46 E CONSTRUCTION /4.23 - - _ S8s 03'46'E \O CENTERLINE j4 yy R-250.00 NN 585.59' NORTH 27th PL. W \ st 48.0 '., CO 28.22' OS ti3 38.00' ' 55.00' /' 50.00' A 50.00 X 50.00' X 50.op- �; U1/ 6/ \ 1 27 I . 21' 121 3 3 3 y 3 �u \\ w 'a 1 7,615 S.F. I o I 14 13 12 11 10 men, 9 \ \ A to I kii 5,213 S.F. • 4,861 S.F. 0 4,57E S.F. oj4,650 S.F. °ib 4,650 S.F. aip 4,650 S.F. O ) SaVg. J'E I A I ✓t \ \ m I ••., \ I I V 118.21' N853923'W , 50.00' S853923 E • 0.00' S0,00' V k 1 26 1 ni I s 589'03'46 E 700.00' S89 03'46'E \ to h 1 5,tt5��91�S.F. I 1LI "1 I 0 cn ......45 I 583032E I 15 hb pb� Nt+.N 3pp N , 6,728 S.F. 9OpxL 6 ? 1 7 N d'p ' 25 " m 4 -_ - _ 9� 6,4511S F. �i 2� 9,294 S.F. _ 1Ml�1 1 5,595 S.F. `� C21 . • \ i`i I I a A r- C`N 91 99 5"E \G \ ' ' 15'STORN DRAIN 8 O I- p c 0 \ 69�0,,\�Z�101-1 \/ EASEMENT u p.tr �,ccNN¶1:045 , 18 , A NOTE' 30• ^I 24 \ o 2b C�E55 E 93 p3 \\ 5,609 S.F., • SEE SHEET 7 OF 7 FOR CURVE l \ ' yam.°, \_.- 38 \ AND LINE TABLE INFORMATION. \ fie\ \ 6,220 S.F. \ , w't 0 1 9 o, \ 1.5\'29 W r ` �,1,� \ w NrnN`s`r'5h. 3g.•`2! 0 I 8.39E S.F. i ' 5 ' / �a �� x; ,. \ 51.3A l j r ',\ \". *.et 5 3tB279:39 E / '' is y \ 4,885 S.F. \ 0\9 / s� �' 00•y9 h /,, .�SSTyEP s s pry G ,y��oR ° sy ti \\ \, ,76_ - 20 ;.,- ' a ,' , w r IQ' \ Cq21, I - ,...6,FOUNDATI/ SETBACKS 4k• \ i .. RE OMMENDED BY THE -'1''' 5 \ 2 I �J 1 • , 05 TECHNICAL REPORT \ m 7,208 S.F. I c. ,' i , �1�'Y *� :?� \ 16.835 S.F. /1. ,' 0 i 1 / 75�SS EAS. ENT n n/ LOT NUMBER ADDRESS I TRtY�T A / 1 27 \ 50 \\ I . NATIVE'GROWTH PROTECTION / 0 EASEMENT'RECORDED UNDER KING 2 28. \ \ ' I / 3 P9 \ ,COUNTY RECORDING# \ 4 30. \ 4' \,' , 78,118 S.F. \ / 5 31. \ v., i ,' / 6 32. ' 10'SS EASEMENp��' \ 7 33. \ , ,'' REC, Na 6700775 t<3 / 9 35.4 , �,0� /\\ 10 36. �\\! ''ice c• / 1238. LEGEND ��0 • / / 13 39. ' ® EX MON IN CASE /�� -,. / \\ 14 40. 15 41 40SET MON IN CASE / 16 42. ® SURFACE BRASS MONUMENT / 17 43. )8( PK NAIL \ \ 18 44. • SE /.., 18 REBAR&CAP // 19 45. 9 20 46. k! SET LEAD& TACK / 22 48, 0 FOUND REBAR&CAP / 23 49. OR IRON PIPE(NOTED) 24 51. / 26. \\ SHEET 5 OF 7 i I I CLOVER CREEK LUA-98-141-FP I I I PORTION OF GOVERNMENT LOT 1 LND-10-0305 I I I Q OF SECTION 5, TOWNSHIP 23 NORTH, ;RANGE 5 EAST, W.M. I 20'ROAD EASEMENTI 108.80' w I CITY OF RENTON, WASHINGTON , REC N0. 1350490. T- _ • C.D. f7I L L M A 1 Y`` !'f1 L A ^ 7 7\i l- 7 i-�1�,�(_:ri 2-F-�\1- (-11_ - `?-`1`;`,'-- '-`_ _,. -J.10'SANITARi'SEWER ESM'71 I 348.Bp' 1 1 N 28TH ST _ S89'03 46 E I I 20.00' _ __ . I_ 5015/1530w �L l`) r1 "',1 A I I si co 0 1 10'US WEST COMM. EASEMENT 24.68• _ I I ,I REC. NO. 20000"800'281 N S89'0346E 1 1- 6 C.) I 1_ 40; 'I '/ 1 -� - A p _• NATIVE OWTHrPRO PROTECTION V I I I - - = h EASEMENT RECORDED UNDER KING 1 L L I I O • (o COUNTY RECORDING# I y �O O 53,873 SFco I �� (7 a2'2 5s E cis $ I trYy59 �Fq� 1 I GRAPHIC SCALE I IV gOr• ...5, s .o I 1SO '5. 26.80' • 6547725 E 1 n IN FEET 4 ((en= ao It. i I h� \S8679 43'E I 1 55470'23'Ei Syy11912 169.08' 32.72' . 1 S86 45'27 V I 52.45' 4, x NI - - - - 48 �, �_62.21' \ O , l 7 / _ ! y oo 86,030 S.F. / ,,4 oo EX. HOUSE? 7� o I 7 30'ACCESS EASEMENT E 'c \ 7 REC NO. 4023743 600 \ y?e. ;•.ry AY x I S89'03'46 E 241.51' / 79 Q 21'121' I �o _ 7 1//`�, SS EASEMENT TO CURVE TABLE N CITY OF RENTON CURVE LENGTH RADIUS DELTA TAN �-, REC. Na 6700781 - C1 5.23 17324 0143'43" 261 li I `t / y� C2 26.03 25.00 5939 36" 14.33 I y 26,478 S.F. / _ - C3 58.14 271.00 12'17'30" 29.18 N I / / ro- i L. 4 -, ' C4 23.80 271.00 050157" 11.91 I I Z I / / roN C5 39.27 25.00 9000'21" 25.00 C6 38.79 229.00 09 42'17" 19.44 I I I /% 30 ACCESS EASEMENT c NO. 4359638 C7 43.39 25.00 9977'04" 29.51 y Q 3 °____° /' - -- - -- - - -- - C11 31.41 125.00 1473'58" 15.79 71.93' i 7 ,_ - ° ° C12 36.57 125.00 16 45'45" 18.42 192.00' -C13 4.81 125.00 0272'13" 2.40 1-4..t Q y S89'03'46 E 189.00' C13 4.81 125.00 0272'13" 2.40 C14 6.48 55.00 0645'19" 3.25 _ cia LINE TABLE C15 35.05 55.00 363036" 18.14 LINE LENGTH BEARING C16 35.01 55.00 387832" 18.12 LI 11.74 N5705'39 E 017 34.96 55.00 3675'25" 18.10 ;y L2 26.00 S20'58'35"E C19 26.27 55.00 2721'59' _ 13.39__ ° I L3 22.95 N3536'45"E C20 33.98 55.00 3523'42` 17.55 ro ° L4 3.00 , 589 03'46"E C21 31.37 55.00 32'40'53' 16.13 I 21' 24' C22 44.24 25.00 1017304" 30.54 3 C23 39.27 25.00 895939" 25.00 I - _C24 83.83 80.00 60'02'10" 46.22 Cto C25 16.22 125.00 0776'05" 8.12 o C26 20.48 125.00 0923'12" 10.26_ 3j¢93'o S?Sq. � M) W C27 35.97 125.00 1629 08" 18.11 ro ?8 0 , ,3 s 7'oo. C28 46.82 125.00 212742' 23.69 �'-k-y^ 9j I .4w°F 7a. •• C29 11.49 125.00 057559" 5.75 s� A0 ' ' C30 47.12 30.00 90'00'00" 30.00 7270g'E' b h k .J\ \ \ C31 47.00 25.00 fOT42'37" 34.23 4 �8 C32 23.18 75.00 17 42'37" 11.68 a �.����•>' C33 26.67 122.00 12 3129" 13.39 s+� �4 za' \ � 7p L100 C34 25.23 122.00 1150'53" 12.66 °`� a/xz/01 035 41.29 122.00 1973'30" 20.84 QS<s�u�nv / 1"----- \ --636--. -34.6.i -122DrL7CiL5- 17.44 ��-� SHEET 7 OF 7 1, CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-98-141,PP,R,V,ECF APPLICANT: Brad Hughes/Labrador Ventures, LLC PROJECT NAME: Labrador Preliminary Plat DESCRIPTION OF PROPOSAL: Brad Hughes, Labrador Ventures, LLC, has applied to subdivide a 15.5-acre site into 62 parcels for the eventual development of detached single family residential homes. Two tracts (A and B) containing steep slopes and wetlands would also be created but would not be developed. Two existing homes would remain. Proposed parcels range in size from 4,500 sq. ft. to 18,327 sq. ft. The site is zoned R-8 and R-1. A rezone from R-1 to R-5 is requested for 4.43 acres on the east portion of the property. Access would be from Burnett Avenue North and from North 26th Street. A ravine with a creek divides the site from southwest to northeast. Applicant proposes a bridge crossing over the ravine in order to construct a public street linking the west and east portions of the site. The bridge crossing requires a variance from the Land Clearing and Tree Cutting Ordinance in order to clear steep slope areas and disturb within 25 feet of the creek. A variance is also requested to clear steep slope areas abutting Burnett Avenue North in order to construct street improvements required per City Code. Excavation (approx. 7,953 cubic yards) and filling (approx. 4,733 cubic yards) are proposed for construction of the new road, bridge, and building pads. Two existing Category 2 wetlands are located on the property and would not be disturbed by the project. Proposal requires environmental review, preliminary plat approval, variance from Land Clearing and Tree Cutting Ordinance, and approval of a Rezone from R-1 to R-5 for 4.4 acres of the site. LOCATION OF PROPOSAL: 2700 Block of Lake Washington Boulevard North and Burnett Avenue North LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM January 25, 1999. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. PUBLICATION DATE: January 11, 1999 DATE OF DECISION: January 05, 1999 SIGNATURES: 24/0e/(7( )/ / Gregg Zim [-man/ Administrator DATE Departme tiof PI nning/Building/Public Works (kV 4 / / s/ /Jim Shepherd, Admi istrator - DATE /Commu ity Se2ci7s �I I Lee h/1� r Fire ief DATE Renfon Fire Department i,,, ,, crt0FILMED DNSMSIG.DOC S CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-98-141,PP,R,V-H,ECF APPLICANT: Brad Hughes/Labrador Ventures, LLC PROJECT NAME: Labrador Preliminary Plat DESCRIPTION OF PROPOSAL: Brad Hughes, Labrador Ventures, LLC, has applied to subdivide a 15.5- acre site into 62 parcels for the eventual development of detached single family residential homes. Two tracts (A and B) containing steep slopes and wetlands would also be created but would not be developed. A separate tract (Tract C) presently used for access to homes north of the site would not be developed. Two existing homes located on the site would remain. Proposed parcels range in size from 4,500 sq. ft. to 18,327 sq. ft. The site is zoned R-8 and R-1. A rezone from R-1 to R-5 is requested for 4.43 acres on the east portion of the property. Access would be from Burnett Avenue North and from North 26th Street. A ravine with a creek divides the site from southwest to northeast. Applicant proposes to cross the ravine with an earth bridge over a box culvert in order to construct a public street linking the west and east portions of the site, while leaving the creek in its natural water course. Construction of the crossing requires a variance from the Land Clearing and Tree Cutting Ordinance in order to clear vegetation from steep slope areas and disturb within 25 feet of the creek. A variance is also requested to clear vegetation from steep slope areas abutting Burnett Avenue North in order to construct street improvements required per City Code. Excavation (approx. 7,953 cubic yards) and filling (approx. 4,733 cubic yards) are proposed for construction of the new road, bridge, and building pads. Two existing Category 2 wetlands are located on the property and would not be disturbed by the project. Proposal requires environmental review, preliminary plat approval, variance from Land Clearing and Tree Cutting Ordinance, and approval of a Rezone from R-1 toR-5 for 4.43 acres of the site LOCATION OF PROPOSAL: 2700 Block of Lake Washington Boulevard North and Burnett Avenue North MITIGATION MEASURES: 1. a) The applicant shall follow the recommendations of the Preliminary Geotechnical Report (T- 4106) prepared by Terra Associates, Inc. dated September 8, 1998 as amended by Addendum to Geotechnical Report, Labrador Lake Washington Property, dated December 1, 1998, with regard to any site disturbance, preparation, or development activities. b) The applicant shall engage a qualified engineering geologist to observe installation of all erosion and sedimentation measures at the site. The engineering geologist should make periodic visits to the site to observe site conditions and to verify the performance of the installations. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to either maintenance schedules or installation shall be submitted by the project engineer of record to the Public Works Inspector. c) The applicant shall identify the project clearing limits on the project drawings prior to the issuance of the construction permit, and in the field prior to initiating site work. d) The applicant shall limit site disturbance including clearing, grading, utility, and roadwork activities for proposed Lots 5 through 12 (as depicted on the Preliminary Plat drawing, Sheet 3 of 8, prepared by Touma Engineers and Land Surveyors dated December, 1998)to occur during the relatively dry months of April through October. If possible, site clearing and grading should be performed in stages, with successive stages not being cleared until erosion control measures of the previous stage are in place. e) The applicant shall designate staging areas for temporary stockpiles of excavated soil prior to the initiation of project construction. Excavated soils shall not be placed on or adjacent to site slopes. • Labrador Preliminary Plat LUA-98-141,PP,R,V,ECF Mitigation Measures (Continued) Page 2 f) The applicant shall provide cover for temporary cut slopes and soil stockpiles during periods of inactivity. Temporary cover may consist of durable plastic sheeting that is securely anchored to the ground surface or straw mulch. Plastic sheeting should be placed and anchored as specified in Section D.4.2.3 of the King County Surface Water Design Manual (SWDM) -Appendix D. Mulch application shall conform to guidelines outlined in Section D.4.2.1 of the SWDM,Appendix D. g) The applicant shall establish permanent cover over exposed areas that will not be worked for a period of 30 days or more by seeding in conjunction with a mulch cover or appropriate hydroseeding. Site seeding should conform to the specifications presented in Section D.4.2.4 of the King County Surface Water Design Manual,Appendix D. h) The applicant shall provide stabilized construction entrances as specified in Section D.4.4.1 of the King County Surface Water Design Manual,Appendix D, prior to the initiation of site clearing. i) The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence should be in place before clearing and grading is initiated, and should be constructed in conformance with the specifications presented in Section D.4.3.1 of the King County Surface Water Design Manual,Appendix D. j) The applicant shall construct shallow drainage swales to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth should be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction or drainage swales should conform to the specifications presented in Section 4.4.1 of the King County Surface Water Design Manual. Temporary pipe systems can also be used to convey stormwater across the site. k) The applicant shall provide on-site sediment retention for collected runoff. Depending on the contributory area of the runoff,adequate on-site sediment retention can be provided by perimeter protection controls (i.e. silt fencing). However,for larger areas, it may be necessary to construct an on-site sediment trap or settling pond to reduce the amount of suspended solids in the runoff prior to discharge. Specifications for design and construction of a sediment trap and settling pond are presented in Section D of the King County Surface Water Design Manual. I) The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site. m) The applicant shall be subject to further and separate environmental (SEPA) review for the bridge crossing over the ravine if the footprint of the bridge exceeds the footprint as depicted on the Preliminary Plat drawing (Sheet 3 of 8 , prepared by Touma Engineers and Land Surveyors, dated December, 1998). 2. a) The applicant shall provide a streambank and slope restoration plan for any portion of the ravine that is disturbed due to construction of the bridge crossing. The restoration plan shall be prepared by a Landscape Architect, botanist, or ecologist and approved by the City of Renton and the Washington State Fish and Wildlife Department prior to the issuance of construction permits. b) The applicant shall coordinate with Development Services staff to design and install street lighting in such a manner that meets City Code requirements, but that minimizes the potential for spillover light and glare that could impact the ravine and wetland areas. A lighting plan shall be submitted by the applicant and approved by the Development Services staff project manager and Plan Review Supervisor, prior to the issuance of construction permits for the plat. a t Labrador Preliminary Plat LUA-98-141,PP,R,V,ECF Mitigation Measures (Continued) Page 3 3. a) The applicant shall pay the applicable Transportation Mitigation Fee at the rate of$75.00 per each new average weekday trip attributable to the project. The Transportation Mitigation Fee is due prior to the recording of the plat. b) The applicant shall realign the proposed entrance road (at the intersection of the new street and Burnett Avenue North)further to the south, such that the minimum AASHTO sight distance standards are met. c) The applicant shall work with the City in installing the required street improvements along the Burnett Avenue North frontage in a manner which will not reduce the available sight distance to the south of the new intersection. d) The applicant shall install a stop sign for the new entry street at the intersection with Burnett Avenue North. 4. a) The applicant shall pay the appropriate Fire Mitigation Fee at a rate of$488.00 per each new single family residential lot created by the proposed plat. The fee is due prior to the recording of the plat. b) The applicant shall provide fire department access a minimum width of 20-feet paved from the intersection of Meadow Avenue North/North 26th Street west to North 26th Street/Park Place North. 5. The applicant shall pay the appropriate Parks Mitigation Fee at the rate of$530.76 per each new single family residential lot. The fee is due prior to the recording of the plat. 1 i • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-98-141,PP,R,V,ECF APPLICANT: Brad Hughes/Labrador Ventures, LLC PROJECT NAME: Labrador Preliminary Plat DESCRIPTION OF PROPOSAL: Brad Hughes, Labrador Ventures, LLC, has applied to subdivide a 15.5-acre site into 62 parcels for the eventual development of detached single family residential homes. Two tracts (A and B) containing steep slopes and wetlands would also be created but would not be developed. Two existing homes would remain. Proposed parcels range in size from 4,500 sq. ft. to 18,327 sq. ft. The site is zoned R-8 and R-1. A rezone from R-1 to R-5 is requested for 4.43 acres on the east portion of the property. Access would be from Burnett Avenue North and from North 26th Street. A ravine with a creek divides the site from southwest to northeast. Applicant proposes a bridge crossing over the ravine in order to construct a public street linking the west and east portions of the site. The bridge crossing requires a variance from the Land Clearing and Tree Cutting Ordinance in order to clear steep slope areas and disturb within 25 feet of the creek. A variance is also requested to clear steep slope areas abutting Burnett Avenue North in order to construct street improvements required per City Code. Excavation (approx. 7,953 cubic yards) and filling (approx. 4,733 cubic yards) are proposed for construction of the new road, bridge, and building pads. Two existing Category 2 wetlands are located on the property and would not be disturbed by the project. Proposal requires environmental review, preliminary plat approval, variance from Land Clearing and Tree Cutting Ordinance, and approval of a Rezone from R-1 to R-5 for 4.4 acres of the site. LOCATION OF PROPOSAL: 2700 Block of Lake Washington Boulevard North and Burnett Avenue North Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Plan Review-Sanitary Sewer 1. There is an existing 8"sewer main in Burnett Ave North adjacent to the project. This sewer main connects into a 12"sewer main in Lake Washington Blvd. North, which then connects into a METRO Interceptor main. There is also an 8"sewer main system in North 26th St. which then runs along the southerly portion of the plat within the ravine area. This system also connects into the METRO sewer interceptor west of Lake Washington Blvd. North. 2. An 8"sewer main extension will be required to serve the proposed development. The sewer main will need to be constructed within dedicated right-of-ways or within a 15 foot utility easement. 3. Separate side sewers will be required for each parcel (no dual side sewers). The minimum slope for the side sewers shall be 2%. 4. Sewer System Development Charges of$585 per single family parcel will be required for this plat. This fee must be paid prior to issuance of the construction permit for the preliminary plat. Plan Review-Water 1. There is an existing 12"water main adjacent to the site in Burnett Ave N. (320 foot pressure zone). � c The project is located in Aquifer Protection Zone 2. 2. Water main extensions will be required to serve the proposed plat. Minimum main size for residential development is typically 87 Water main extensions will also be required for the full frontage along North 26th Street. 3. Backflow prevention devices will be required for any irrigation or fire protection systems. 4. Fire hydrants will be required within 300 feet of each building site for the new parcels. 5. Many of the parcels within this plat will probably require pressure reduction valves due to calculated static pressures well in excess of 80 p.s.i. 6. System Development Charges will be required for this project($850 per lot). Plan Review-Storm Drainage 1. Conceptual drainage plan and drainage report has been submitted with the site plan application for this project. The conceptual drainage plan includes provisions for detention and water quality treatment in compliance with the requirements of the King County Surface Water Manual (KCSWM). The conceptual drainage plan is approved as submitted for this project. 2. The site development must include provisions for the existing discharge points along the northerly portion of the site. 3. System Development Charges will be required for this project ($0.129 per sq. ft. of new impervious surface) Plan Review-Street Improvements 1. Burnett Avenue North, North 26th Street, and Lake Washington Boulevard adjacent to the plat must be improved with curb, gutter, sidewalk, paving to the new gutter, street drainage and street lighting per City Code. 2. The new internal streets for the plats must also be improved with curb, gutter, sidewalk, paving, street drainage and street lighting. The pavement section must be a minimum of 32 feet in width, with a minimum thickness of 4"asphalt over 6"crushed rock. The right-of-way widths can be reduced to 42 feet provided additional easements are granted for street lighting and franchise utilities. 3. All new electrical, phone and cable services and lines must be undergrounded. 4. Dedication of additional right-of-way (20 feet) will be required adjacent to North 28th Street in the vicinity of Park Avenue North (small portion of the northeast corner of the plat). 5. We have reviewed the traffic studies prepared for three proposed projects on Lake Washington Blvd. N: Tamaron Pointe Apartments, Labrador Subdivision, and the Bluffs. The reports have been prepared per methodology acceptable to the City and standard engineering practices. The assumptions used and conclusions reached are acceptable, and should be relied upon in the land use review of these projects. The three reports conclude that there will be no significant degradation of levels of service for traffic in the area as a result of the construction of these three projects. 6. The traffic report notes that the sight distance to the north on Burnett Ave N from the new entry street will be 250 feet. While this exceeds the recommended minimum stopping sight distance of 150 feet, it is less than the recommended minimum intersection entering sight distance of 330 feet. Therefore, additional mitigation measures are warranted as recommended in the traffic study. The project approval should include the following conditions: a) The applicant shall realign the proposed entrance road(at the intersection of the new street S A< and Burnett Avenue North) further to the south, such that the minimum.AASHTO sight distance standards are met. b) The applicant shall work with the City in installing the required street improvements along the Burnett Avenue North frontage in a manner which will not reduce the available sight distance to the south of the new intersection. c) The applicant shall install a stop sign for the new entry street at the intersection with Burnett Avenue North. 7. Traffic mitigation fees of$75 per net new average daily trip ($716.25 per lot) will be required prior to recording of the plat (60 new homes within the 62-lot plat x $716.25 = total of $42,979.00). Fire mitigation and Parks mitigation fees must also be paid prior to recording of the plat, or recording of any phase of the plat. Plan Review-General 1. The connection of the proposed street system across the existing ravine will provide an important link to an existing dead-end system on the easterly side of the ravine. This connection will improve emergency access and regular access to existing residences, as well as the new parcels created on the east side of the plat. If a box culvert crossing is provided at this location, in compliance with requirements of the State Fisheries Department, there would appear to be no significant impact to this ravine in terms of stream protection or protection of steep slopes. We recommend approval of the variance request to allow for this street crossing of the existing ravine. 2. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. The construction permit application must include a itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first$100,000 of the estimated construction costs; 4% of anything over$100,00 but less than $200,000, and 3% of anything over$200,000. Half of this fee must be paid upon application for construction permits (preliminary plat improvements), and the remainder when the construction permit is issued. There may be additional fees for water service related expenses. Parks Department 1. The 2.9 acres of open space should remain in private ownership. Parks recommends that the open space tracts be protected through a Native Growth Protection Easement to preserve existing vegetation and sensitive slopes. 2. Parks Mitigation Fee of $530.76 per each new residential lot created should be required as part of environmental,review. The fee would be due prior to the recording of the plat. Building Department 1. Follow recommendations of the soils engineer for construction on slopes or other unusual soil conditions. Fire Prevention 1. A fire hydrant with 1,000 gallons per minute (GPM) fire flow is required within 300 feet of all new single family structures. If the building square footage exceeds 3,600 s.f. in area, the minimum fireflow increased to 1,500 gpm and requires two hydrants within 300 feet of the structure. 2. A fire mitigation fee of$488.00 is required for all new single family structures. 3. A minimum 20-foot wide paved fire access route is required from the intersection of Meadow Avenue North/North 26th Street to Park Place North/Park Place North. . • • Property Services 1. Comments from Property Services are being,forwarded separately to the applicant, and are with regard to the preliminary plat drawing. 2. The preliminary fee sheet indicted that the two existing homes located on the subject site have not previously paid utility connection fees. The fees would apply to all of the lots created within the plat. Development Services 1. The site is designated Residential Single Family and Residential Rural in the Comprehensive Plan. Zoning to the site is Residential - 8 Dwelling Units per Acre (R-8) and Residential - 1 Unit per Acre (R- 1). 2. Additional review fees may be required for structural review of the bridge/ravine crossing per City Code. 3. The bridge/ravine crossing is approved in concept only. The applicant must meet City standards with regard to design and construction of the crossing including (but not limited to) fill, subgrade, and compaction materials and techniques. • March 4, 1999 OFFICE OF THE HEARING EhINER CITY OF RENTON REPORT.RECOMMENDATION AND DECISIONS . APPELLANT: _ Kim Browne .. Appeal of ERC's Determination for Labrador Preliminary Plat File No.: LUA99-009,AAD APPLICANT: Tom Touma . Labrador Preliminary Plat File No.: LUA-98-141,PP,V,R LOCATION: 2700 block of Lake Washington Blvd.N and Burnett Avenue N SUMMARY OF REQUEST: To-subdivide 15.55 acres into 62 single family residential lots SUMMARY OF APPEAL: Request that the applicant be required to prepare an Environmental Impact Statement . PUBLIC HEARING: After reviewing the Appellants written request for a hearing and examining the available information on file,the Examiner conducted a public hearing on the subject as follows: MINUTES: APPEAL The following minutes are a summary of the February 2, 1999 appeal hearing. The official record is recorded on tape. The hearing opened on Tuesday,February 2, 1999,at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record for the appeal: Exhibit No. 1: Yellow land use file,LUA98- Exhibit No.2: Yellow appeal file,LUA99- 141,PP,V,R,containing the original application,proof 009,AAD,containing the appeal,proof of posting and of posting,proof of publication and other publication,and other documentation pertinent to the documentation pertinent to this request. appeal. Exhibit No.3: Aerial photography Exhibit No.4: Videotape Exhibit No.5: Topographic map Exhibit No.6: Plat map Exhibit No.7: Plat map indicating ravine Exhibit No.8: Photographs of existing back yards (3) Exhibit No.9: Calculations re slope Exhibit No. 10: Street profile for Street B Exhibit No. 11: Tree location map . Exhibit No. 12: Vicinity map Exhibit No. 13: Topography map - Exhibit No. 14: Native growth map Exhibit Nos.15: Slope analysis map Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 • :: " Page 2 n• cs`.?�`.t'><- Parties present: Representing Appellant Representing City of Renton Kbn Browne 'Larry Warren, . 1003 N 28th Place • • , 1055 S Grady Way Renton,WA 98056 Renton,WA 98055 Representing Applicant Jim Handmacher P.O.Box 1533 Tacoma, WA 98401 The Examiner explained that the appeal was an administrative appeal held pursuant to Ordinance 3071 and was the only administrative review to occur on the matter. The matter may be submitted back to the Examiner for reconsideration if the parties are not satisfied with the decision. He stated that the appellant had the burden of demonstrating that the City's action was erroneous,and would have to show clear and convincing evidence that the City's determination was incorrect. At that point the City could respond,if they chose to do so. Mr.Warren expressed several concerns regarding the wording of the appeal,the limitation of issues and people testifying,particularly if the matter should proceed further in an appellate process. The Examiner explained that because this was a combined appeal and land use hearing,that the public was entitled to testify, particularly at the land use hearing. Further,during the SEPA appeal the testimony should be limited to legal issues as to whether the City's determination was adequate,were proper decisions made,arid would an EIS supplement the information that was already in the file. Kim Browne,appellant herein,stated the City had determined upon review of reports provided by the applicant and after developing mitigation measures,that this proposed plat would not have a probable significant adverse impact on the environment. However, it appeared from looking at the mitigation measures that the only issue considered in detail was the proposal's impact on soil erosion. The inclusion of impacts to wildlife in its habitat,wetlands,water quality and fisheries makes it apparent that the proposed plat will result in probable significant impacts to the environment,and thus an EIS evaluating alternatives should be done and the proposal should be substantially modified to minimize impacts to the environment. A video was shown highlighting the property and a recent eagle sighting on the property. Ms.Browne elaborated on the habitat and protective status of the eagle according to various governmental rulings,and the necessity to further evaluate modifying the plat to protect wildlife. The appellant described the physical aspects of the site,including the topography,the vegetation and the stream which flows year around through the property. She questioned the impact of the plat on the ravine,particularly Lots 6 through 11,which seem to be partially in the ravine,and the concern over erosion hazards. Appellant further questioned the lack of mitigation measures regarding impact to fisheries,and presented documentation regarding state-wide salmon recovery strategy. Michael Moore, 1220 N 28th Place,Renton,Washington 98056,testified on behalf of the appellant,and stated that he has fished where Kennydale Creek enters Lake Washington and has observed salmon spawning at this point. . • • A Labrador Preliminary Plat : Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 3 Ms.Browne continued that a Native Growth Protection should be"established in as great a width as possible around the stream to limit human activity. The measurement of the topography was questioned,as well as the omission of the soil condition where the ravine is to be crossed. Appellant further requested that the discrepancy in the seasonal construction time be resolved. In closing,Ms.Browne stated that the current proposal does little to protect valuable wildlife habitat and that any development that is allowed on this property should be designed to minimize impacts to the environment. With the exception of the western reaches of the ravine,current City rules and regulations serve to protect most of the sensitive areas of the site and help safeguard the property from intense development. In an effort to bypass these safeguards,the applicant has asked for exceptions to existing regulations including a rezone and a variance from the land clearing and tree cutting ordinance. Granting these exceptions would result in a level of development that is not compatible with the site's environmental constraints. As proposed the subject plat would result in significant impacts to the environment,generally wildlife,eagles, salmon,potential water quality. As proposed a threshold determination of significance is appropriate. Tom Touma,6632 S 191st Place,#E-102,Kent,Washington 98032,engineer for applicant herein,explained the method used by his firm to produce the topography maps,including physical field work on site with the location of all trees,the placement of points and the use of computer software to generate the final data. He further explained that based on the calculations and the way the topography was generated,the southeasterly • boundary of lots was matched to the 40%limits. Some of the lots may have contours up to 38%or 39%. Larry Warren , City Attorney, stated that the appeal has two elements: whether the environmental determination was appropriate and whether an EIS should be required. The environmental rules require the City to view the material that is available to it,and if the material is available the City may not require additional studies and may not require an EIS. The information that was available to the City in this instance was adequate to make the necessary decisions. As noted,the issue of soil erosion was considered in great detail by the City,and almost all of the mitigation conditions outside of the normal fire,traffic and parks mitigation concerned steep slopes. The City has certain constraints it operates under when it is considering environmental impacts, and one of the things the City may not do is speculate about impacts. There was no substantive testimony that there was an eagle's nest on this site,and even if there was,the tree in question is to be retained. The wildlife in the area will be in the ravine and a substantial portion of that ravine will be preserved. The City must consider a broad number of policies, including all of those that have been imposed by the Growth Management Act, and those are very difficult for the City and the general public to live with at times,but require intensified development within urban growth areas. Jim Handmacher,attorney for applicant herein,stated that staff had conducted an intensive review of this project,proposing page after page of mitigating conditions. It is apparent from the extensive record all environmental factors were considered--a traffic study was done,three geotech reports were provided,a wildlife study was done as well as a wetlands study. It is apparent from that history that the City did undertake a rigorous analysis as required. The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The appeal hearing closed at 12:10 p.m. Labrador Preliminary Plat °` Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98.141,PP,V,R March 4, 1999 • Page 4 r_: . : t,,: r;aSEPA APPEAL FINDINGS.CONCLUSIONS&DECISION :`.,:: •:; 1. The appellant,Kim Browne,filed an appeal of a Determination of Non-Significance'-Mitigated(DNS- M)issued by the ERC. Ms.Browne,hereinafter the appellant,filed the appeal on January 21, 1999 and the appeal was filed in a timely manner. 2. • The appellant noted in the appeal letter that the appeal was filed "on behalf of the residents of Kennydale"but there is no organization represented by the appeal. The appellant,as a neighbor who would be affected by the development,has standing to bring this appeal. The appellant was supported by other neighbors and residents of the area during the appeal. 3. The applicant,Tom Touma,Touma Engineers,represented Labrador Venture,L.L.C.,the property owner. The applicant proposes developing a 62-lot Preliminary Plat on approximately 15.55 acres. 4. For a description of the subject site,zoning and surrounding area, as well as a description of the proposal, see the Site Plan portion of this appeal included below. 5. The appellant alleged in the appeal that the mitigation measures would not adequately mitigate the impacts caused by the proposed measures and requested that an environmental impact statement(EIS) be prepared. The areas specifically mentioned and to which the appeal was confined were impacts to: earth,trees and vegetation,aesthetics,wildlife habitat,and surface and ground water. 6. The appellant noted that the ERC conditions were in the main directed at erosion and very few dealt with the natural conditions or environment. 7. The applicant supplemented the Environmental Checklist with a series of additional reports. Included as part of the file were a geotech report,a tree inventory and removal plan,wetland report and wildlife report. There was also a traffic analysis. 8. The applicant has applied for two variances to remove vegetation from the bank along Burnett Avenue North and in the ravine to support the"bridge." 9. A routine vegetation management permit is not required when removal occurs incident to other construction permits. In addition, it is clear that a large portion of the site will be disturbed for development and will be relandscaped. 10. The checklist contains information on the general animal population and may have omitted some types of animals. No threatened or endangered species nor dens or nests of such species were found showing residence on the site. 11. A pair of eagles has been seen flying over the site and perching in a tree located near the north center of the site. The activity has occurred more than once. There does not appear to be any evidence of a nest at this time. No definitive survey has been done. Eagles are classified as threatened or endangered specifies by the Federal government. 12. The site is a heavily wooded parcel with a steep ravine and creek. The ravine starts near the northeast corner of the site and generally runs across the north portion of the parcel and then turns southwest near the center of the site and runs to the southwest corner of the site. Labrador Preliminary Plat Appeal and Preliminary Plat Hearings .• File Nos.: LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 _. Page 5 13. .,. ,The tree,inventory only,counts trees of certain dimensions which gives the effect of underestimating "the tree coverage on the site. `The site is very wooded. There,are at least'seven tree species and 47 other plant species on the site: 14. A mitigation measure aimed at controlling light was one of the few measures taken to protect the wildlife habitat. Approximately 116 animal species were observed or expected from the characteristics • of the subject site. • • 15. The subject site is approximately 300 feet from Lake Washington and therefore not governed by the Shoreline Master Program. 16. The geotechnical information identifies the site as having medium slide potential but high erosion potential. These considerations resulted in the ERC scrutinizing those aspects more carefully and when drafting its conditions. 17. Approximately one-third of the site has 25%or greater slopes. • 18. The appellant is also concerned about the use of pesticides,herbicides and fertilizers on the subject site and the potential impacts on the creek and wetlands. This creek runs directly into Lake Washington at Coulon Park. The creek outlet at Coulon is an enhanced wetland focal point at the park. It is the area with a bridge pier over part of the wetland and creek. • 19. The appellant suggests moving the lots further up the slope or away from the purported steeper slopes. 20. Wet vaults are located in the vicinity of Proposed Lots 9 and 12 and 31 and 32. The appellant was concerned that open wetponds had more cleansing ability than closed vaults. 21. All Findings from the Site Plan decision are incorporated into this decision. CONCLUSIONS: 1. The decision of the governmental agency acting as the responsible official is entitled to substantial weight. Therefore,the determination of the Environmental Review Committee(ERC),the City's responsible official, is entitled to be maintained unless the appellant clearly demonstrates that the determination was in error. 2. The Determination of Significance in this case is entitled to substantial weight and will not be reversed or modified unless it can be found that the decision is "clearly erroneous." (Hayden v.Port Townsend, 93 Wn 2nd 870, 880; 1980). The court in citing Norway Hill Preservation and Protection Association v.King County Council, 87 Wn 2d 267,274; 1976,stated: "A finding is'clearly erroneous' when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed." Therefore,the determination of the ERC will not be modified or reversed if it can meet the above test. For reasons enumerated below,the decision of the ERC is affirmed with one additional mitigation measure. 3. The clearly erroneous test has generally been applied when an action results in a DNS since the test is less demanding on the appellant. The reason is that SEPA requires a thorough examination of the • Labrador Preliminary Plat ... . .. Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD - LUA98-141,PP,V,R • . March 4, 1999 Page 6 "environmental consequences of an action.. The courts have,therefore;`Made it"easier to reverse-a DNS. A second test,the"arbitrary and capricious"test is generally applied when a determination of significance(DS) is issued. In this second test an appellant would have to show that the decision clearly flies in the face of reason since a DS is more protective of the environment since it results in the preparation of a full disclosure document,an Environmental Impact Statement. - 4. An action is determined to have a significant adverse impact on the quality of the environment if more than a moderate impact on the quality of the environment is a reasonable probability.(Norway,at 278). Since the Court spoke in Norway, WAC 197-11-794 has been adopted; it defines "significant" as follows: Significant. (1) "Significant"as used in SEPA means a reasonable likelihood of more than a moderate adverse impact on environmental quality: (1) Significance involves context and intensity. . .Intensity depends on the magnitude and duration of an impact. . .The severity of the impact should be weighed along with the likelihood of its occurrence. An impact may be significant if its chance of occurrence is not great,but the resulting environmental impact would be severe if it occurred. 5. Also redefined since the Norway decision was the term "probable." Probable. "Probable"means likely or reasonably likely to occur, ...Probable is used to distinguish likely impacts from those that merely have a possibility of occurring,but are remote or speculative. (WAC 197-11-782) 6. The appellant is correct in a number of regards. Most importantly,the site will be significantly altered by the proposed development. Any time wild,woodsy open space with a ravine is developed there will be significant changes to the ecosystem. Generally such significant changes would warrant the preparation of an Environmental Impact Statement. But,as we have here most if not all of the concerns raised by the appellant except possibly alternative development scenarios are addressed in supporting documents. Even significant changes to an environmentally sensitive area do not necessarily bar development. If more than a moderate impact is anticipated then that triggers further environmental analysis, but such further analysis does not mean a site will be protected from development. If significant impacts are expected,then an EIS would ferret out that information with data on soils, topography,vegetation,wildlife and water quality as well as traffic. While traffic was not challenged, even in that area a substantial traffic report was prepared. In the areas that were challenged,there were two geotechnical reports prepared,a tree inventory,a habitat survey and a storm water analysis. 7. In other words,a number of detailed reports were prepared that cover the same ground as one would expect from an EIS. While those reports may be wanting in some particulars,overall they provide the decision-maker a pretty complete view of the subject site and its unique ecosystem, its soils,slopes and ravine. More information probably would not be attained by the preparation of a full environmental impact statement. • 8. The major area whete there might be concern was over the absence of alternatives of less and in fact, more dense development scenarios. But this is well-covered in the staff analysis of the proposed • rezone. A rezone which in fact is not recommended by staff. Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 7 9. Again,there can be no arguing with the fact that development of the site will create profound changes to the site's environment and the environment of the surrounding community. Wooded open space which is privately owned will be changed to developed homesites that are privately.owned: At the same time,the steepest slopes,the creek and the.Category 2 wetlands will be preserved. 10. The appellants are looking for a full EIS to uncover missing facts. They believe that the current information compiled for the project is either incomplete or erroneous. That does not appear to be the case. The application,checklist,supplemental reports and other submissions provide a wide range of information which allowed the ERC to reach the conclusions they did. 11. It is clear that the appellants have a sincere belief that the City's SEPA determination is erroneous. Unfortunately sincere beliefs have to be bolstered by factual evidence that the determination is erroneous. The appellant failed to introduce much in the way of factual evidence to show that the City's determination was erroneous. In the absence of such fact,compelling or otherwise, it is extremely difficult to agree with the appellant that a mistake was made. 12. The one area in which valid questions were raised and for which no definitive answer was available concerns the "eagle tree." It is an area in which further mitigation may be required. The State's Wildlife and Fisheries.Department will have to be invited to survey the site and the perching tree to ascertain definitively if nesting occurs or if protection of it and a perimeter is required. Any mitigation recommended by that agency shall be incorporated into the mitigation'already required by the ERC. 13. Even using the relaxed standard that leans toward upholding a challenge to a DNS,the appellant has failed to persuade this office that the determination was based on other than a thorough analysis. 14. The reviewing body should not substitute its judgment for that of the original body with expertise in the matter,unless the reviewing body has.the firm conviction that a mistake has been made. No such conviction results from hearing this case. Therefore,the determination below must be affirmed except as noted above. 15. In conclusion,the appellant's arguments and case are not convincing. Nothing in the record reveals that the preparation of an EIS that was specifically scoped to the critical geotechnical and habitat issues would reveal substantially more information than currently can be found in the existing record. An Environmental Impact Statement is not required. DECISION: The determination of the Environmental Review Committee is generally affirmed and the appeal is denied subject to the inclusion of one additional mitigation measure as follows: 1. The State's Wildlife and Fisheries Department will have to be invited to survey the site and the perching tree to ascertain definitively if nesting occurs or if protection of it and a perimeter is required. Any mitigation recommended by that agency shall be incorporated into the mitigation already required. by the ERC. Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 8 MINUTES: PRELIMINARY PL.LVARIANCE AND REZONE The following minutes area summary of the February 2, and February 9, 1999 preliminary plat, variance and rezone hearing. The legal record is recorded on tape. - The hearing opened on Tuesday, February 2, 1999,at 1:35 p.m. in the Council.Chambers on the seventh floor of the Renton City Hall. Because of time constraints,Mr. Sager,Ms.Cullers,Ms.Job, Ms.Nimmo and Mr. Scott testified regarding the preliminary plat during the appeal portion of the hearing. Their comments appear later in the'minutes. The following exhibits were entered into the record for the preliminary plat hearing: Exhibit No. 1: Yellow land use file,LUA98- Exhibit No.2: Yellow appeal file,LUA99- 141,PP,V,R,containing the original application,proof '009,AAD,containing the appeal,proof of posting and of posting,proof of publication and other publication,and other documentation pertinent to the documentation pertinent to this request. appeal. Exhibit No.3: Vicinity map Exhibit No.4: Vicinity map(assessor's map) Exhibit No.5: Zoning map Exhibit No.6: Preliminary plat map(2/1/99) Exhibit No.7: Slope analysis map Exhibit No. 8: Assessor's map of preliminary plat • Exhibit No.9: Map of rezone area Exhibit No. 10: Tree clearing plan Exhibit No. 11: -Cross-section drawing of bridge Exhibit No. 12: Videotape by Mike Moore Exhibit No. 13: Petition Exhibit No. 14: Area traffic study map Exhibit No. 15: City of Renton Ord.2708 Exhibit No. 16: .Traffic generation study Exhibit No. 17: Photos of area residences Exhibit No. 18: Redesigned plat map by K.Browne Exhibit No. 19: Video from M. Moore dated 2/8/99 Exhibit No.20: Architectural drawing of proposed Juanita style house Exhibit No.21: Architectural drawing of proposed Exhibit No.22: Architectural drawing of proposed Madrona style house Leschi style house Exhibit No.23: Drawing of proposed bridge Exhibit No.24: Point map by Touma Exhibit No.25: Triangulation map by Touma Exhibit No.26: Memorandum from Handmacher Exhibit No.27: Seattle Times article dated 1/24/99 Exhibit No.28: Scott Easement Exhibit No.29: Appeal statement of K.Browne Exhibit No.30:. Salmon study Exhibit No.31: Eagle study Exhibit No.32: Composite photo ' Exhibit No.33: Previous tree cutting plan Exhibit No.34: Current tree cutting plan Exhibit No.35: Topography map with highlights Exhibit No.36: Prel.. Plat statement by K.Browne The preliminary plat hearing opened with a presentation of the staff report by JENNIFER HENNING,Project Manager,Development Services, City of Renton, 1055 S Grady Way,Renton, Washington 98055. -The applicant has applied to subdivide a 15.55 acre site into 62 parcels and five tracts for the eventual development of single family homes. There are two existing homes on the site and one will be removed. This site is located in the northwest portion of the City just east of Lake Washington Boulevard. Adjacent neighborhoods include the Griffin Home and single family residential developments. There is split zoning on the parcel,with 11.2 acres zoned Residential- 8 Dwelling Units per Acre with a Comprehensive Plan(CP)designation of Residential Single Family. The eastern 4.43 acres is zoned Residential- 1 Dwelling Unit per Acre with a CP . Labrador Preliminary Plat - Appeal and Preliminary Plat Hearings ' File Nos.:LUA99-009,AAD LUA98-141,PP,V,R - March 4,1999 a. . Page 9 designation of Residential Rural.The applicant is proposing to,rezone the,eastern 4.43 acres of the site to :, 1:.; Residential- 5 Dwelling Units per Acre. The applicant is also requesting a variance from the tree cutting and land clearing ordinance in order to build a creek crossing and street improvements along Burnett Avenue. The property has a ravine with steep slopes which bisects the site from the southwest corner to the northeast corner with a creek running through it. There are two Category 2 wetlands on the property. Wetland A is 7,093 square feet located in the northeast portion,and Wetland B is 20,643 square feet in the southwest portion of the site. The proposal primarily does not interfere with the wetlands or buffers. To cross the ravine the applicant is proposing a box culvert bridge to contain the creek in its natural flow and pattern. The location of the bridge is at the narrowest point of the ravine. There is an existing concrete dam to the east of the proposed bridge location. There is considerable diverse vegetation on the site. There are over 500 trees primarily located in the steep portion of the ravine. The tallest fir tree on the site where.the eagles have been seen will not be disturbed. The Environmental Review Committee(ERC)issued a Declaration of Non-Significance-Mitigated and an appeal was filed requesting a Declaration of Significance requiring an EIS.The ERC required erosion and sedimentation controls to be implemented before,during and after construction. Also required of the applicant were payment of fire, parks and traffic mitigation fees. The revised preliminary plat indicates all lots in the R-8 portion of the site meet the minimum size,width, depth and setback requirements. Within the R-1 portion they do not meet code,but the R-5 criteria are met if rezone occurs. The streets being proposed are reduced width streets which are permitted,and the bridge crossing is within the footprint of the City standard streets. The walls of the bridge are concrete which are keyed into the slope with earth fill above. The platting proposed for both zones of the property is consistent with policy language that applies to areas designated Rural Residential and Residential Single Family in the Comprehensive Plan, including density, compliance with zoning designation,development standards for lot size and setbacks, and compatibility with existing neighborhoods. Within the R-8 area the applicant is proposing 47 parcels and the minimum lot size is 4,500 square feet. A density of 6.3 dwelling units per acre is proposed in the R-8 zone. All lots within the proposed R-8 zone meet the zoning requirements of lot size and dimension. In the R-1 portion of 4.43 acres, the maximum density permitted is one dwelling unit to the acre,or a maximum of four for this parcel. The applicant is proposing a total of 15 homes in this area and as proposed does not meet the development standards of the R-1 zone. If the R-5 rezone is granted,then up to 13 additional homes with the existing two homes is possible. This proposal is expected to generate approximately 592 vehicle trips per week day. The primary access would be from Burnett Avenue N and the street would be 42 feet wide with curb, gutter and sidewalk. The current location of this street with Burnett Avenue N meets the sight distance requirements of AASHTO. The secondary point of entrance to the plat is N 26th Street. Applicant is required to construct a 28 foot wide roadway at N 26th,which is currently a narrow roadway. Renton School District has indicated they have the capacity for the students expected from this plat. The police and fire departments have indicated they have adequate resources to provide service to this proposed plat. The storm water runoff from the site currently drains as sheet flow into the existing creek which passes through a -- - -- - .� .:,;2s.`•...;;ti.;,., .-•:._:."sY r:,p :_ z':,'i i-' ^i :c-.s. .. 'S=:nay +'+.= �:'%;:'.`ij;: �'`-:� Labrador Preliminary Plat Appeal and Preliminary Plat Hearings I' File Nos.:LUA99-009,AAD LUA98-141 PP V R March 4, 1999 . :- ..• ..... • Page 10 series of culverts into Lake Washington a There'aie`two'storm`water'detention`vaults'proposed on`the'site. - There is an existing 8 inch sewer main located in Burnett Avenue as well as N.26th Street." Because of the steepness of the slopes,the applicant requests variances from the land clearing and tree cutting ordinance in order to provide the City-required sidewalk improvements along Burnett Avenue,as well as construction of the bridge in the ravine. Ms.Henning described the policies and criteria to be met to receive a variance: • The applicant requested a rezone and Ms.Henning cited the criteria to be met, including property which had not previously been considered for rezoning classification,that it is consistent with the CP elements and policies,and that it is timely. The entire City was rezoned in 1993 and at that time this parcel was divided into R-8 and R-1. The R-5 zone was not created until 1995,and therefore that designation could not be considered. According to the CP,the rezone area is permitted in the CP designation and is consistent with its elements and policies. Both the R-1 and R-5 zone satisfy the larger lot single family development described in the policies and would preserve the steep slope and wetland areas. There have been no significant changes to this area since the last area-wide rezone, and therefore this rezone could not be considered timely. Staff recommended approval of the preliminary plat, subject to conditions. The conditions included compliance with the ERC's mitigation measures and revisions to meet the applicable zoning,as well as the wetland buffer requirements including adequate building area for proposed Lots 8 through 11, a minimum 15 foot setback from the top of the slope,and a minimum 50 foot wide buffer for the wetland. Also included is a restrictive covenant recorded on the face of the plat that precludes the construction of any buildings with foundations within that 15 foot setback line,and any non-exempt structures within the required wetland buffer. Staff is further recommending establishment of a homeowner's association or maintenance agreement to maintain any common plat property or improvements,and establishment of a native growth protection easement. Staff recommended approval of the variances,but was not able to recommend approval for the rezone because there has been no significant and material change affecting the subject property. Christina Cullers,2506 Meadow Avenue N,Renton,Washington 98056, interested party herein,stated her concerns about the drainage patterns on this site,having experienced many flooding problems in the prior years from other development projects in the area. She was further concerned about the increase of traffic flow as a consequence of this project,and the reduction of her property values as a result. ,oanie Job, 1127 N 28th Place, Renton,Washington 98056,interested party herein, expressed her concerns about the impact to wildlife,the increase of water runoff,the loss of trees which potentially could cause erosion,and traffic congestion. She was further concerned about the use of the existing alleyway behind her house being used by construction vehicles. Natasha Nimmo,911 N 38th Place,Renton, Washington 98056, interested party herein,expressed strong support for the appellant,and further stated that she had witnessed the eagle nesting behavior on January 31, 1999. ,Tim Scott, 1405 N.28th,Renton,Washington 98056,whose property is located at the southeast corner of the proposed site,was concerned about the traffic impact on NE 26th and MeadowAvenue,which is a very narrow Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 • Page 11 street at this time..'Ms.Henning pointed out that the ERC required NE 26th be widened to 20 feet from Park Avenue to Meadow Avenue. On 26th abutting the plat half-street improvements are required. Michael Moore, 1220 N 28th Place,Renton,Washington 98056,presented a video he had taken of the site in late October 1998,pointing out various features. He further stated his objections to the rezone and variances, citing increased drainage and traffic problems,and questioned the findings made regarding impacts to the ravine and adjacent properties. Pam Jackson,2707 Meadow Place N,Renton,Washington 98056,stated that she was not opposed to this proposal,and felt it had been very well conceived and presented. She pointed out that this property had been zoned single family housing for some time and it was inevitable that it be developed as such. Marleen Mandt, 1408 N 26th Street,Renton,Washington 98056,stated that she had been part of a group which petitioned the neighborhood regarding this project. She was concerned about the lack of traffic study done on the eastern boundary areas,and the inherent impact of the additional traffic in that area. Ms.Mandt presented several photographs of the adjacent homes and streets to stress her point. Joan Jensen,2620 Meadow Avenue N,Renton,Washington 98056,stated that because her house was on a slope up from the proposed site, she was concerned about sliding into the development at some future time. • She was further concerned about the easement that runs along the eastern boundary of the property. Mr. Handmacher responded that once that property is developed,this road will not'be needed by anyone. Gail Shure, 1201 N.28th Place,Renton,Washington 98056,stated she,was concerned about the increased traffic,particularly onto Burnett Avenue. She questioned the slope indicated on Lots 47 and 48 and the building of homes on this slope which has a very steep drop-off. She stated that the creek is not an intermittent creek;there is not a time when it is not flowing. She also indicated that there are deer on this property and that it should be maintained as a greenbelt for wildlife. Richard Hopkins,2511 Park Place N,Renton,Washington 98056,stated his concerns pertaining to the potential • traffic increase on 26th and the resulting safety hazards. He also requested that the R-1 zoning be retained as many of the adjacent lots are large and this designation is more compatible with the existing neighborhoods. Corey Thomas,Renton Fire Department, 1055 S Grady Way,Washington 98055,stated that this plat meets the existing requirements of the Fire Department--basically dead-end streets are allowed in the City of Renton up to 500 feet. Beyond that they are allowed to 700 feet maximum as long as anything beyond that is equipped with an approved fire sprinkler system. Through streets are required beyond 700 feet. The western portion of this plat could have some dead-end streets up to the 700 foot limit;the eastern portion would not be approved at all to be subdivided without some type of secondary access roadway. J(im Browne, 1003 N 28th Place,Renton,Washington 98056,presented a revised plat map which she had prepared to give an alternative which she felt was more sensitive to the environment and the area. At 5:00 p.m.the hearing was adjourned,to be continued on Tuesday,February 9, 1999. ************************************************** Labrador Preliminary Plat - Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 12 The hearing opened on Tuesday,February`9,1999,at'9:55 a.m:'in the Council Chainbers'on'the seventh floor of the Renton City Hall. „ . Michael Moore, 1220 N 28th Place,Renton,Washington 98056,presented a video of the subject site which had been taken.on February 8, 1999. Jim Handmacher,P. O. Box 1533,Tacoma, Washington 98401,attorney for applicant herein,stated that they have responded to the staff and neighborhood concerns regarding this project. They have relocated the entrance road twice,have counted all trees on site,have reduced the footprint of the bridge, and conducted extensive geotech research. Rick Anderson, 935 Daley, Edmonds, Washington 98020,architect for applicant herein,explained the craftsman style design theme for this project,and presented three preliminary model designs. He also presented a preliminary bridge design and explained its components. The model is designed at 46 feet wide to include the road,the sidewalk and thickness of the_bridge structure. The culvert at the base would be 46 feet and the stream bed would remain the same. Tom Touma,6632 S 191st Place,E-102,Kent, Washington 98032,applicant's project engineer,explained in detail how today's technology is used to generate the topography measurements. Regarding the bridge. crossing, it has not yet been decided whether to use a concrete culvert or a CMP or metal culvert to span the creek. Tom Strong,Terra Associates, 12525 Willows Road,Kirkland,Washington 98034,wetland biologist for applicant herein, described the nesting and courtship habits of bald eagles in the Puget Sound region. He further stated there is no indication of any eagle nesting on the subject site at this time. Brad Hughes,P.O.Box 3344,Kirkland, Washington 98083,applicant herein, gave a brief history of this project, including preliminary investigation regarding zoning and environmental constraints. He stated that this project will protect the sensitive nature of the property and the proposed CC&R's would further maintain that protection. John Sadler,Terra Associates, 12525 Willows Road,Kirkland, Washington 98034, engineering geologist for the applicant herein,responded regarding the lots on the steep slope just north of the greenbelt in the southwest • corner of the site. He stated that the soils were very dense,glacial till which is an inherently stable material that will stand at near vertical inclinations for long periods of time if protected from erosion. The proposed development is not going to involve the placement of any fill on that slope,nor any water runoff directed to the slope. Mr.Handmacher,P.O.Box 1533,Tacoma, Washington 98401,addressed the variance and rezone issues. He stated that the land and tree clearing variance is necessary,regardless of the type and length of bridge span selected. Despite the claims that this bridge would have a tremendous impact to the environment,there is no evidence that has been presented of any impact of this bridge to the environment or to wildlife that use the site. • • Labrador Preliminary;Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 13 Mr.Handmacher reviewed the criteria which much be met for a rezone,and the ways in which the applicant• had met them. He concluded that even though staff had not supported the rezone,the public interest was served,applicant's property rights were preserved,and the rezone was in harmony with the purposes of the CP. Jim Scott, 1405.N.28th,Renton,Washington 98056,an adjacent neighbor,pointed out the permanent road easement on his property,and the necessity for maintaining access to his property. Dan Brewis, 528 19th Place,Kirkland, Washington 98033,stated that he is one of the builders for this project, and confirmed the applicant's intentions to construct a quality project. Pam Jackson, 2707 Meadow Place N,Renton,Washington 98056,questioned the traffic flow predictions,and what recourse was available if Meadow Avenue and 28th become heavily traveled in the future. Kim Browne, 1003 N. 28th Place,Renton,Washington 98056,questioned the appropriateness of the last- minute changes made by applicant in its proposal. She was particularly concerned about the discrepancy in the tree-cutting plans for the project. She also questioned the topography markings on the various exhibits. The compatibility of the proposed project to the general neighborhood was discussed, including the location of Griffin Home to this site. Ms. Browne offered many suggestions to be considered to protect this sensitive area in the build-out of this project. She also addressed the rezone of the property,particularly growth management • and the City's compliance. Timothy G.Miller, 1607 E Main,Auburn,Washington 98002,applicant's traffic engineer,addressed the issue of traffic going through the existing neighborhood to the east as a result of this project. The estimate is 15%of the traffic volume,or 10 trips through this neighborhood during peak traffic hours. Regarding the sight distance at the new location on Burnett Avenue,the requirements of AASHTO will be fully met. Neil Watts,Plan Review Supervisor,Development Services Division,City of Renton, 1055 S Grady Way, Renton,Washington 98055, responded to several earlier questions. He stated that the alley along the north side of the subject site is not a public alley and that portions of it lie on private property to the north. The developer would be limited in its ability to use this alley or do improvements to it. Regarding drainage,he stated there are several discharge points to the north that wind up directed at this property on the north property line. This project will have to tight-line those drainage points into the project drainage system. Detention requirements for this site will exceed the City's normal requirements because of the hydraulic permit conditions from Fisheries. Pertaining to the roadway to the east,the connection is needed for any platting on the east side. They could get permits for building houses on existing platted lots,but there could be no further platting on the east side without this connection. Mr.Watts detailed the pros and cons for opening up this neighborhood by development of this parcel. Regarding the easement on Mr. Scott's property, it remains in place. The Examiner called for further testimony regarding this project. There was no one else wishing to speak,and no further comments from staff. The hearing closed at 12:15 p.m. PRELIMINARY PLAT FINDINGS.CONCLUSIONS&DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R ,_ March 4, 1999 Page 14 . FINDINGS: <t r:' r;;:a:,, i^;. •;- a� :? " ' .. -r.. 1. The applicant,Tom Touma,for Labrador Venture L.L.C.,filed a request for approval of reclassification of property from R-1 (Single family/one unit per acre)to R-5(Single Family/five units per acre),a 62- lot single family subdivision,together with variances to permit tree cutting and land clearing to allow•- two roadways to be constructed. 0 • 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Declaration of Non-Significance-Mitigated(DNS-M)for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at the 2700 Block of Lake Washington Boulevard North and Burnett Avenue North. The site is located on the east side of the boulevard just southeast of the Burnett intersection. The site is located immediately adjacent to the Griffin/Friends of Youth home and wraps around it on the north and east. 6. The subject site is a very irregular parcel of approximately 15.55 acres. The parcel is almost dumb-bell shaped,being wider at the ends and bridged by a narrower middle section. The parcel is approximately 1440 feet long(east to west)by approximately 600 feet wide. The parcel is comprised of 16 separate legal lots that would be consolidated and redivided by the new plat. 7. The parcel has very complex topography. A ravine with a stream runs from the northeast corner of the parcel generally in a west-southwest direction to the southwest corner of the parcel. The ravine is characterized by slopes that range up to and over 40 percent. The Burnett frontage along the west side of the site also has 40 percent slopes(both of these 40 percent slopes will be discussed as reasons for the variance request later in the report). The rest of the site also has slopes ranging from gentle to 25 percent or more. The more gentle slopes are located in the western and eastern portions of the site. The elevations on the site range from approximately 200 feet near the eastern edge of the site to approximately'60 feet where the site abuts Lake Washington Boulevard. 8. In addition to slope constraints,two wetlands are located on the subject site. There is one in the north central portion of the site near a dam across the ravine. The dam is approximately 12 feet tall. The wetland is approximately 7,093 square feet in size. The second wetland, approximately 20,643 square feet, is located at the southwestern corner of the site. Both wetlands are Category 2 and will not be disturbed. They are to be preserved and wetland buffers will be established around them. 9. The subject site was annexed to the City with the adoption of Ordinance 1821 enacted in March 1960. 10. The City-wide zoning that was approved in June 1993 reclassified the western portion of the site, approximately 11.12 acres,to R-8,and the eastern portion of the site,approximately 4.43 acres,to R-1. It is the eastern portion that the applicant proposes the City rezone to R-5. 11. The Comprehensive Plan for this area of the City was adopted in February 1995. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family use but does not mandate such development without consideration of F Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD , LUA98-141,PP,V,R • March 4, 1999 Page 15 other policies of the Plan. The plan suggests that the eastern acreage is suitable for Residential Rural and the western section for eight unit per acre single family residential uses. The"rural"designation may support either the current R-1,or R-5 zoning according to staff. Terrain,access and adjacent uses would be considered when reviewing any proposed changes. 12. Two existing single family homes are located on the subject site. One is located near the northeast corner of the site. The second is located in the south-central portion of the eastern section of the site. Originally both homes were going to remain. Those plans may have been altered. Offsets against fees based on the number of dwelling units would use any net changes to the site. 13. An access roadway runs along the north boundary of the site,providing access to a tier of homes located immediately north of the site. This narrow"alley"runs from Burnett to Park near its intersection with N.28th. 14. Another access corridor runs along the eastern edge of the subject site. Both private access routes would be retained. 15. In addition to the frontages along Lake Washington Boulevard and Burnett,the site has access to an unopened segment of N.26th Street along its southeast boundary. The intersection of Park Avenue N and N.28th Street hits the north boundary of the subject site north of the ravine. • 16. The applicant proposes reclassifying the eastern 4.43 acres from R-1 to R-5 to allow increased density in the eastern section of the site. Fifteen total dwellings could be constructed on this portion of the site if it were rezoned to R-5. 17. The applicant proposes developing a total of 62 single family lots. As noted, 15 dwellings could be developed if the eastern acreage is rezoned and another 47 dwellings would be developed on the western portion of the site. 18. A roadway entering from Burnett and generally running east and then jogging to the south would cross the site and connect to N. 26th Street. In the middle of the site,this roadway would swing to the south and use a proposed earthen filled bridge to cross the ravine. The road would swing or jog back to the east and then south to N. 26th. N.26th would be extended from the subject site to its open leg east of the subject site. The ERC required widening of this roadway between Park and Meadow. A looped road system would be created from 26th east to Meadow,north to 28th Street,west to Park and north to 28th Place back to Burnett. Currently,the developed area east and south of the subject site,generally east of Park and south of 28th,only has one method of access. Opening the roadway through the subject site would create a second access and is favored by the Fire Department(see below). 19. Two cul-de-sac roadways would be created off this main east-west roadway. One cul-de-sac would provide access to the southern area of the western lobe of the site. A second cul-de-sac would provide access to the easternmost portion of the eastern lobe of the subject site. The new,open section of N. 26th would provide access to the extreme southern portion of the eastern site. 20. The lot arrangement has been altered since the staff report and main plans were reviewed, altering lot numbers and relative locations. In general there would be two tiers of lots aligned on the north and south of the main roadway through the site. The two cul-de-sac roads and some pipestem roadways would provide access to the lots located off the main roadway. Four lots would be accessed from N. 26th at the south end of the site. Labrador Preliminary Plat Appeal and Preliminary Plat Hearings • File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 : .: • Page 16 21. Lots 6-11 are a tier of lots located on the north side of the ravine(lot numbers vary depending on the set of plans)which are close to very steep slopes. One geotech report indicated that they may encroach on 40 percent slopes. The other report is less definitive. The applicant's submission indicates the slopes in this area are approximately 39 percent.. 22. ' The bridge structure is controversial amongst some neighbors for two main reasons. The bridge.would create a large,tall barrier and basically divide the ravine in half physically;and it would possibly increase traffic and open the quiet community east and south of the subject site to more through traffic. 23. The bridge would be constructed on fill between two retaining walls. It would not be a typical open girder support bridge. Basically the entire ravine would be filled in from bottom to top and the stream would flow through an open bottomed culvert approximately 20 feet wide burrowed through the fill. The roadway,and therefore the bridge,would create a tunnel approximately 42 feet long for the creek to flow through. The existing dam was cited as precedent but it does not come to the top of the ravine and natural ravine sidewalls and open space allow wildlife passage around the dam. This type of bridge structure would basically cut the ravine into two halves. The new bridge would require wildlife to pass under the tunnel or cross the top which would be a developed roadway.. Suspending the bridge on a girder or truss structure would retain most of the natural side hills on both sides of the ravine. The second alternative has been termed much more costly but figures were not available. I-405 does provide a similar barricade for this creek east of the site. 24. Because any work to bridge the ravine will necessitate work in slopes exceeding 40 percent,a variance is required to disturb vegetation. Either the proposed fill bridge or a girder bridge would require a variance. 25. As noted in the appeal,much of the ERC's emphasis,based on soil types and slope information,was directed at erosion. The slide hazard was not judged extreme as long the as the steeper slopes were not impinged upon by buildings. The applicant will be required to maintain 15 foot setbacks from the steep slopes. Some of the slope information was not clear and some of the slopes near buildings were very close to 40 percent. 26. The City was concerned about the originally proposed western access to Burnett due to sight distance issues complicated by the topography and angle of the intersection. This intersection has been reconfigured and now meets engineering standards. In order to create this intersection and appropriate street improvements including curbs,gutters and sidewalks,the applicant will be working in an area where slopes exceed 40 percent. Another variance to remove vegetation in this area is also required. 27. City Code requires that any new lots be located within 700 feet of a dual access situation,meaning that there are two roadways that provide access to within 700 feet of the proposed development. This distance requirement is why the bridge,which would create a looped,therefore two access situation, was proposed. Both areas of the site closest to the ravine from both the east and the west are more than 700 feet from two points of access. A bridge connecting the two sides of the ravine would overcome this limitation on access. This provision would not hamper development of pre-existing parcels that may otherwise violate this requirement. 28. The development of the subject site will necessitate grading portions of the site including the . intersection with Burnett and the creation of appropriate gradient roads.,•There will be both excavation Labrador Preliminary Plat Appeal and Preliminary Plat Hearings ' File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 17 of approximately 8,000 cubic yards and filling of approximately 5,000 cubic yards. The numbers could - • vary depending on actual field work. 29. The site is heavily wooded with larger trees,mid-sized trees and heavy understory including on the steeper slopes. A variety of wildlife either inhabits the site or visits the site including bald eagles, woodpeckers and a variety of larger and smaller mammals. Many of these species would probably be displaced by the development of the subject site. 30. In addition to the 62 single family lots,the applicant proposes creating tracts encompassing the open spaces on either side of the proposed bridge as well as including the access right-of-way along the north boundary of the subject site. A native growth protection easement was suggested for the open space and steep slope areas. 31. The net density for the R-8 portion of the site is approximately 6.3 units per acre which falls within the range of 5 to 8 units per acre. As proposed,the R-5 density would be 4.4 which meets that zone's maximum of 5 units per acre. There is no minimum range in either the R-1 or R-5 zones. If the R-1 zoning were retained,only 4 dwellings would be permitted after the.roadway and steeper undevelopable portions of the site are subtracted as provided by code. 32. The lots appear to meet the code standards for the R-8 and the R-5. The portion of the plat proposed for the eastern part of the site would not meet the R-1 zoning if the reclassification were denied. The • R-8 zone permits lot areas of 4,500 square feet and greater. The R-5 zone requires lot sizes of 7,200 square feet. 33. There were some ambiguities for some of the pipestem lots which would have to be resolved with designations on the plat map. 34. Development of the proposal will generate approximately 9.55 trips per home or a total of approximately 592 trips per day for the 62 lot plat. Approximately 60 trips would occur in each of the peak hours. The traffic analysis indicated that the intersections most likely to be affected by the development have capacity and will not be adversely.affected and staff concurs. 35. Neighbors to the east are concerned that providing the bridge will encourage through vehicular travel in a currently isolated neighborhood. The bridge would also provide residents of the eastern neighborhood a shorter access to Lake Washington Boulevard. 36. The development of the subject site will,generate approximately 47 students using historic school district calculations. The school district has indicated it has capacity for these students who will be assigned to schools on a space available basis. 37. The subject site will be served by the City for water and sewer service. 38. Storm water will be contained by vaults located in the eastern and western portions of the site and released to prevent erosion of the ravine. Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD • LUA98-141,PP,V,R March 4, 1999 Page 18 CONCLUSIONS: :Ail �'>-,: ,:'.?c ._ z: • . REZONE 1. The proponent of a rezone must demonstrate that the request is in the public interest,that it will not impair the public health,safety and welfare and in addition,complies with at least one of the criteria found in Section 4-8-14,which provides in part that: a. ' The subject site has not been considered in a previous area-wide rezone or land use analysis; or b. The subject site is potentially designated for the new classification per the Comprehensive Plan;or c. There has been a material and substantial change in the area in which the subject site is located since the last rezoning of the property or area. The requested classification is not justified and should not be approved by the City Council. 2. The site was rezoned during a City-wide effort in 1993. The eastern portion of the subject site was specifically designated for the large lot,R-1 zoning,while the western portion of the site was designated for the more urban sized lots of R-8. Due to the irregular boundaries that separate the R-1 and R-8 portions of the site, it would appear that it was a deliberate reasoned determination. It clearly also respected property lines. The subject site and its companion Griffin home site were both designated R-1 and this might have been an effort to preserve the larger lots and slopes near the headwaters of the creek. 3. While it is true that the R-5 zoning category did not exist when the site was classified R-land so was not considered,that does not mean that it is appropriate. The current zoning is not only compatible with the Comprehensive Plan but it is compatible with the zoning on the adjacent R-1 Griffin Home parcel. The larger lots will permit the preservation of more of the open space and provide an opportunity for home ownership of larger parcels that enjoy the environmental amenities that this unique site holds. Rezoning the site to R-5 would create approximately 3 or 4 times as many lots and essentially carve up the land near the unique ravine,slopes and forests into small parcels where less of the amenities would remain. 4. It would appear that the Comprehensive Plan would permit an R-5 designation for the land designed rural residential but that does not mandate such development. Again,while there are more rugged portions of the site that might have been as suitable for R-1 as that portion that is currently zoned R-1, that does not mean that this site is unworthy of maintaining its R-1 zoning. 5. There have not been any material changes in the area since the last rezoning effort. There certainly are no changes planned for the area that were not forecasted when the Comprehensive Plan and current zoning were applied to the subject site. The City specifically designated stretches along Lake Washington Boulevard for multiple family uses,urban density single family uses and rural single family uses. There does not appear to be any compelling reason to alter this arrangement. 6. The applicant's arguments regarding the density required under the Growth Management Act is not at all persuasive. The City's current land use policies and zoning has already passed muster. The City Council was very deliberate in adopting its housing elements to make sure that the City, in total, Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 . Page 19 .: accommodated its forecasted housing units and populations:It balanced its various Zoning Districts and their respective densities and arrived at a mix of housing types to meet the required goals. The Council clearly divided the City for a mix of housing types and densities. This resulted in a variety of neighborhoods and uses separated from one another or adjacent to one another in trying to achieve a balance of larger apartments,duplex and triplex buildings and small lot and larger lot single family housing types. Courts have been very clear that during area-wide zoning initiatives a zoning line must finally be drawn somewhere,and as long as it seems fair it is acceptable to draw a line through a neighborhood and divide it into more and less dense districts. This area along Lake Washington Boulevard seems to provide a residential mix of RM-I accommodating apartments,R 8 accommodating smaller lot single family uses and R-1 accommodating larger lot single family uses. 7. There does not seem to be anything inherently wrong with the juxtaposition of the R-1 and the R-8 districts. It appears as if the natural open space and ravine as well as the then existing property lines and owerships provided the basis for the R-1 versus R-8 demarcation. There certainly is no compelling reason to alter the zoning on the subject site. , 8. Therefore,the City Council should deny the application to reclassify the subject site from R-1 to R-5. -..-.p.-.PRELIMINARY PLAT 9. The proposed subdivision appears to serve the public use and interests with the exception of the eastern part of the site where existing R-1 zoning.would not support the density proposed. The underlying, existing lots are entitled to be developed notwithstanding the R-1 and any access issues. In the main, developing the subject site is envisioned'by'both the zoning and the Comprehensive Plan. The site, while representing a fairly unique island of environmental values in a growing urban setting, is private property and is entitled to be developed. 10. Developing the site with its combined R-8 and R-1 zoning would provide a varied range of single family housing opportunities from smaller lots with less yard maintenance to larger expansive lots for those who seek additional privacy. 0 - 11. Developing a site with available urban utilities will also prevent sprawl and is in keeping with the City's own Comprehensive Plan as well as the Growth Management goals of the state and county. 12. . It would appear that the subdivision on the west side of the site provides lots that meet both the dimensional requirements of the code as well as the goals to try creating rectangular lots with more or less reasonable building envelopes. That does not mean that given the impact of terrain and lot shape all lots can meet those general standards. The proposed cul-de-sac appears to provide access to areas that could not otherwise be reached by a through road. Similarly,if a bridge is not constructed, a cul- de-sac to reach interior lots near the ravine is'a suitable solution to providing access to this large, irregular parcel with terrain constraints. 13. The development of the site,as limited by the geotechnical conditions regarding setback,should also prevent damage to the natural areas of the site as well as to any homes built near the ravine or steeper areas of the site. Due to the nature of the slopes and the local variation in those slopes as well as the difference in the early geotechical report regarding some of the areas that might be subject to 40 percent slopes,a third party consultant selected by the City but funded by the applicant should be used ._. _ ..�.< •r•:� . _3:`.:,U ...,.r., 2ci`;5..`:�":`�f._`+•}'i L,i:":ti:i�ii `. • Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 20 :t. :to verify slope-information. This new information shall govern the setbacks and constraints normally applied to any slopes determined to be constraining. 14. There is no doubt that-developing this currently mainly vacant site will alter the terrain and the habitat value of the site and.community. It will change the nature of the area vis-a-vis its neighbors who have grown used to this natural island in their midst. Again,such impacts were envisioned when both the Comprehensive Plan and the zoning were applied to this site. Urban noise,traffic and the introduction of lighting were anticipated but will clearly have impacts that change the character of the site and general vicinity. - 15. Since there were some ambiguities for some of the pipestem lots,the applicant will have to resolve those. . 16. This office will not deal with the eastside portion of the site since it is already platted and may be developed according to the underlying lot delineations.. - 17. There is still the issue of the need to create a looped or somewhat gridded pattern of streets. While that is an objective, it is not mandated when it is unsuitable to either the terrain or community. Clearly, emergency access is a major concern but it appears that a number of areas of the City are not easily accessible. When it can be reasonably achieved,creating a grid or loop road system is very desirable. It appears that the existing neighborhood to the east and south of the subject site have been well-served even if somewhat isolated. That does not mean that eventually a second access would not have.proved crucial in fighting a fire or delivering emergency health services. This office believes that if a bridge is necessary then it should be an open girder bridge that impinges on the ravine as little as possible instead of walling the ravine and creating two somewhat isolated halves. It would minimize the extent of the variance needed but not eliminate it entirely(see below). . 18. What is not clear is that the access easement running along the north edge of the site'cannot be used for emergency access in an extreme emergency. If the bridge is not appropriate,the applicant should be required to improve that"alley" for emergency access. In addition,if necessary for public health and safety,the City could acquire a public right-of-way over that roadway with the applicant funding the acquisition. 19. In conclusion,the plat for the west side of the site should be approved subject to the ability to create another cul-de-sac instead of a bridge if such crossing does not become feasible. VARIANCES 20. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as:the size,shape, topography,or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; S b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 ,• Page 21 c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity;and • .: -.d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property appears ripe for some level of variance relief due to the topographic constraints found on the subject site. The need for a variance to allow the construction of a safe intersection with Burnett and the main access roadway is clear,but the variance relief sought which would fill in the entire ravine leaving a culvert and large tunnel for the creek is more than the minimum necessary. 20. The site has very steep slopes in a number of areas which would impede reasonable use of the subject site. There are steep slopes exceeding 40 percent along the western edge of the site along its Burnett frontage. The ravine is also flanked by very steep slopes. Any work in either of those areas will require disturbing vegetation whether it is to provide for a safe intersection between the new access road to the plat and Burnett,or to bridge the ravine to allow a through street and looped roadway. In order to provide safe access into the plat and provide appropriate sight distances,a variance is needed to allow the applicant to cut into the slopes along the western edge of the site. There is no other location in which safe access can be reasonably provided. While this office is not absolutely convinced a bridge is needed to link the two halves of the site, it appears that emergency concerns may require a through street. If there is no choice and alternate emergency access is not available from the northern easement,then a bridge will be necessary and what necessarily follows would be disturbance of the natural vegetation along at least some portions of the ravine's steep slopes. 21. It does not appear that granting either variance would materially harm other property in the area. While both variances will lead to the development of the subject site,normal urban development cannot be considered materially harmful to adjacent properties. If the work is done in a safe and reasonable fashion, any disturbed areas should be structurally sound after completion of the slope work. 22. It does not appear that granting either variance will be a grant of special privilege. Similar variances to work in vegetated areas of steep slopes have been approved where it would allow reasonable development of a subject property. This would not be the first ravine to support a bridge nor the first hillside to be altered to allow for roadway construction. 23. The criterion which does divide the two variances is one requiring that the variance approved be no more than the minimum,meaning that variances are only granted to the extent necessary to allow reasonable development of the subject site. Economic hardship alone does not generally allow a variance. The variance to allow the appropriate improvements along Burnett appears to be the minimum necessary to allow reasonable and safe access to the site for both vehicles and pedestrians. On the other hand,a variance that allows the bridging of the ravine by essentially filling the ravine and dividing it into two halves connected by a twenty foot wide,46 foot long tunnel is unreasonable. That is not the minimum variance necessary to allow a bridge to be built; it is merely the most expedient manner to accomplish that goal. An open trusswork or girder bridge would only need to disturb areas where the support columns were constructed and where the bridge connected to the ground on either side of the ravine. While a dam also is located to block the ravine in some fashion, it is clear from the record that it does not present a formidable obstacle to wildlife passage that filling in the entire ravine would create. Wildlife that did not want to enter a 46 foot tunnel would have to cross a roadway at the very top edges of the ravine. And while"I-405 also presents an impediment to passage,further carving ...���w.'�rFL.......i+•c`ri"r,-..ram-- :c.s�._.a....:....`i�i1.:t".f._.:i.: -Aa Svy".:�j:..:: _�:(':v.:r.\�. . • - .Sly"l:"..:, • Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 22 z : and dividing this ecosystem'does not seem appropriate.l'Hopefully;'we have-leained`since'the construction of I-405; one does not necessarily have to compound errors:''` 24. In summary,the subject site is private property and can be developed,but it contains constraints that limit its development potential. Rezoning the east side of the creek from R-1 to R-5 due to the proximity of the ravine and surrounding zoning is not justified by the record. As a matter of fact, if the criteria cited by the applicant were to hold,the City probably should just as well consider down-zoning the west side of the creek to R-5 or R-1 as consider up-zoning the east side of the property to R-5. The zoning demarcations seem appropriate in light of the area,the goal of providing a variety of zoning districts and preserving to some extent the open feeling of a portion of this unique site. The plat of the west side of the site appears generally appropriate. How the building of a bridge and the potential denial of the rezone affects that plat is hard to judge,but overall the idea of dividing the west side to accommodate dwellings in conformity with both the Comprehensive Plan and underlying zoning seems appropriate. As noted above,the variances in general would allow reasonable development of the site but the variance to allow disturbing vegetation on the slopes where a bridge may be built should be limited to only that necessary to allow an open,non-earthen filled bridge. • RECOIVIlVIENDATIONS: The City Council should deny the request to reclassify the eastern 4.43 acres from R-1 to R-5. The City Council should approve the Preliminary Plat for the western 11.21 acres subject to the following conditions: 1. The applicant shall comply with the mitigation measures which were required by the ERC; 2. The applicant shall be required to redesign the plat to meet the lot size and density requirements of the zoning applicable to the plat. If the rezone is denied,the applicant would need to revise the plat to meet the R-1 zone. If the rezone is approved,the applicant would need to modify the plat to meet the development standards of the R-5 zone. 3. The applicant shall demonstrate that there is adequate building area for proposed Lots 6 through 9(see attached maps)in consideration of the required 15 foot setback form the top of slope,and minimum required 560-foot wide wetland buffer requirement. Alternatively,that applicant could revise the plat to meet the requirements. , 4. The applicant shall record a restrictive covenant on the face of the plat precluding the construction of buildings with foundations within the 15 foot setback line as measured from the top or the slope,and which also precludes the construction of any non-exempt structures within required wetland buffers. A draft of the restrictive covenant language must be approved by the Development Services Division Director and the City Attorney. r' 5. The applicant shall establish a homeowner's association or maintenance agreement for the maintenance and repair of any common plat property or improvements. This includes the stormwater detention facilities and any tracts of land created for purposes other than for sale as single family residential lots. 6. The applicant shall establish a native growth protection easement for Tract A and Tract B as shown per the January 26, 1999 preliminary plat map submitted to the City. The easement shall be shown on the plat map and recorded on the face of the plat. kYy, Labrador Preliminary Plat - Appeal and Preliminary Plat Hearings File Nos.:LUA99-009,AAD LUA98-141,PP,V,R • March 4, 1999 Page 23 7. An independent third party geotechnical consultant selected by the City but funded by the applicant . . shall be used to verify slope information. This new information shall govern the setbacks and constraints found in the previous conditions.. 8. The applicant shall clarify access issues related to any pipestem driveways or other easement roadways or driveways. - 9. The applicant shall pay for the acquisition and necessary improvements to the "alley"running along the north side of the subject property if determined that it is the only feasible method to provide access for extreme emergency conditions in the event a bridge is not constructed. 10. The eastern lots of the western half of the subject site and access to those lots may be appropriately altered if a bridge is not constructed. Such alteration may include an additional cul-de-sac turnaround as well as a connection to the alley noted in Condition 9 above. DECISION: • The Variances are approved subject to the following conditions: 1. The bridge shall be an open girder or truss bridge and shall not be an earth filled structure. 2. All slopes disturbed and not used for infrastructure improvements shall be restored as soon as practical using native plant materials. The applicant shall remain responsible for maintaining all disturbed and restored areas for five years after the plat is completed to assure that the site has stabilized after disturbance. ORDERED THIS 4th day of March, 1999. FRED J.KA AN HEARING EXAMINER TRANSMITTED THIS 4th March, 1999 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Chuck Duffy, Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Chief Administrative Officer. Utilities System Division Councilperson Kathy Keolker-Wheeler Sue Carlson,Econ.Dev.Administrator South County Journal Labrador Preliminary Plat Appeal and Preliminary Plat Hearings File Nos.: LUA99-009,AAD LUA98-141,PP,V,R March 4, 1999 Page 24 Because the Parties of Record list includes approximately 150 names,it was not included in this report but is available for review in the Examiner's office. " ' '- Pursuant to Title IV,Chapter 8, Section 15 of the City's Code,request for reconsideration must be filed in, writing on or before 5:00 p.m..March 18.1999. Anyaggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. . The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. • • Charles and Gayle Shure Mr.&Mrs.James Brundage Michelle Wright 1201 North 28th Place 1440 North 28th Street 1321 North 28th Street . Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 • Susan and Rich Hopkins - David and Sandi Sager • Odell and Shirley Milliren 2511 Park Place North _ • •1025 North 28th Place ,. : • 1020 North 28th Place Renton,WA 98056 _ Renton,WA 98056 • Renton, WA 98056 . . Brian and Anja Shives Tina and Jerry Cullers Mr. and Mrs.James Scott 2803 Burnett Avenue North 2506 Meadow Avenuke North 1405 North 28th Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 • • Kim and Theo Browne Marlene Mandt Song Qiao 1003 North 28th Place . 1408 North 26th St. 1412 North 26th Street Renton, WA 98056 Renton,WA 98056 Renton,WA 98056 • Dean and Kim Schellert Don and Patricia Rosburg M.L. and Zoe Gibson 1013 North 28th Place 1402 North 26th Street 1215 North 28th Place Renton,WA 98056 Renton,WA 98056 Renton, WA 98056 • Barbara Smith Robert and Esther Miller LaVeme and Mary Jo Graves 1308 North 26th Street • 1121 North 28th Place 905 North 28th Place Renton,WA 98056 Renton, WA 98056 Renton, WA 98056 Steve and Julie Wasson Manfred and Anne Hansen Rich Wagner • 2515 Park Place North 1221 North 26th Street Baylis Brand Wagner Architects Renton,WA 98056 Renton, WA 98056 10801 Main Street Bellevue,WA 98004 • Dean and Cynthia Schumacher Cindy and Eric Kom Nancy Stark 1116 North 28th Place 1211 North 28th Place Mark Mykel Renton, WA 98056 Renton, WA 98056 1409 North 26th Street Renton, WA 98056 Bill and Madeline Arrigoni G.R. Gardener Gary and Deborah Parker 907 North 34th Street 2100 Lake Washington Blvd N,#84 1301 North 26th Street Renton,WA 98056 • Renton, WA 98056 Renton,WA 98056 • • JOHN SADLER DAN BREWIS TIMOTHY MILLER TERRA ASSOC. 528 19TH PLACE 1607 E MAIN 12525 WILLOWS •ROAD KIRKLAND, WA 98033 . AUBURN, WA 98002 KIRKLAND, WA 98034. . . • Leigh and Marcie Johanson Donald and Neva Dallas ' ' :y :; 1006 North 30th Street 916 North 30th Street - •- 902 North 30th Street Renton,WA 98056 . " - -Renton,WA 98055 = -�`' ••• Renton,WA 98056 -` - •'• • '- _ - Ernie Guntle +:.'.. ... . }_. . .. 1 ... .='' ' . .. .. Denise Jorgensen''';`' Charmaine Spomer 814 North 30th Street '' • . • 1224 North 28th Place - : - ' • 2814 Park Avenue North •;_ • • Renton,WA 98056 - - Renton,WA 98056 • ' . • Renton;WA 98056 • .. • Kevin M.Seripser Violet Hanahan BRAD HUGHES 2815 Park Avenue North 2808 Park Avenue North LABRADOR VENTURES Renton,WA 98056 Renton,WA 98056 PO Box 3344 KRIKLAND, WA 98083 Patricia Banasky Kay McCord . Gary and Paula DuBois • 1401 North 26th Street 2802 Park Avenue North .- 2415 Park Place North Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Alice Shay Kathleen Gianini Jean Olds 1411 North 26th Street 1311 North 26th Street 1314 North 26th Street Renton,WA 98056 Renton, WA 98056 Renton,WA 98056 Chuck Logan Patrick McDonald Sharon Mullinaux 2611 Meadow Avenue North • 1405 North 24th Street 1415 North 24th Street Renton, WA 98056 Renton, WA 98056 Renton, WA 980565 • \ndie Jorgenson Walter and Maxine Grieser • Richard and Catherine Galviln ?411 Garden Court North 2423 Garden Court North 2407 Garden Court North Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 OHN•PETERSON - 1033 120TH AVENUE SE Roger and Carla Fleming Roger and Shelly O'Brien • ENT, WA 98031 1404 North 24th Street 2407 Meadow Avenue North Renton,WA 98056 Renton,WA 98056 tichard and Sandy Basquette Michael Stork Dean Hobart 512 North 24th Street 2219 Meadow Avenue North 123- 141 st Place NE tenton, WA 98056 Renton,WA 98056 Bellevue, WA 98007 . J.H. McTigue , , . . Resident .. Michael Moore 2701 Meadow Place North 1314 North 26th St . 1220 North 28th Place . Renton,WA 98056 ' . Renton,WA 98056 : .. . • Renton,WA 98056 Loretta Moore _ • •'..•- : '' Bruce and Marina Koch : :••. • - " Renee Perrault 1204 North 28th Place • . . • - •2900 Park Avenue North .2520 Park Place North . Renton,WA 98056 . . . . . Renton,WA 98056 . . Renton, WA 98056 . - Gary Arnold Steven and Joan Geffre Loretta Lyonais 2520 Park Place North 2625 Meadow Place North 2820 Park Avenue North Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 • • Nancy Holma Paul Undino Clark and Mary Boyce Betty Holma Judy Johnston •' 1108 North 29th Street 1409 North 24th Street 1325 North 24th Street Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Thelma Sutherland Win Clow Thomas Dunham 1205 North 29th Street . 2616 Meadow Avenue North 1014 North 29th Street • Renton,WA 98056 Renton, Wal 98056 Renton, WA 98056 Lew Jones Gary and Marcie Palmer Scott and Savitha Finch 1401 North 24th Street 2507 Park Place North 929 North 28th Place • Renton,WA 98056 Renton, WA 98056 Renton, WA 98056 • Natasha Nimmo Dora Dones Lorri Murashige 911 North 28th Place PO Box 625 2002 Aberdeen Place NE Renton, WA 98056 Renton,WA 98057 Renton, WA 98056 Helen Ivanich Christine Reid Ray Neria 2907 Park Avenue North 1409 North 28th Street 1024 North 30th Street Renton,WA 98056 Renton, WA 98056 Renton, WA 98056 Carol Johnson Resident Frank and Madlyne Delgado 1309 North 28th Street 1307 North 28th Street . 1303 North 28th Street Renton,WA 98056 - Renton, WA 98056 Renton, WA 98056 TOM TOUMA RICK ANDERSON TOM STRONG 6632 S 191ST PLACE E-102 935 DALEY 'TERRA Assoc. KENT, WA 98032 EDMONDS, WA 98020 • 12525• WILLOWS RD • KIRKLAND, WA • 98034 - --- _ ---- .. — - .:_.- :- -,-^•.,•x,-.a:-:a-mac., u , ;: ,,, rirFA=,,:i.,L 2`:= r : ;,' -�, t. Michael Korfandy Douglas Stark : �._ . „ Wm Lynn Weller _." 1003 North 29th Street 1009 North 28th Place 922 North 28th Place Renton,WA 98056 : • .- : _ . Renton,WA 98056 ,..,.. , Renton, WA 98056 :, „:, Trudy Neumann €;�r,.•,: .- *' Steve and Jennifer Ellis Pat Elliso 922 North 28th Place,:- 910 North 28th Place - 1001.North 36th Street Renton,WA 98056 • , Renton, WA 98056 , • Renton,WA 98056 • James Montgomery Resident Pamela Mancinelli 2807 Burnett Avenue North 2815 Burnett Avenue North 2910 Burnett Avenue North Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 Mary Running Helen Pfeifle Myrtle Larson 819 North 30th Street 812 North 30th Street 718 North 30th Street Renton, WA 98056 Renton,WA 98056 Renton, WA 98056 Penny Hanson Ann Spreud Alison Allen 1206 North 30th Street 1213 North 30th Street 1217 North 30th Street Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 Mike Seaman Resident Betsy Jansen 1203 North 30th Street 1115 North 30th Street 1109 North 30th Street Renton, WA 98056 Renton,WA 98056 Renton, WA 98056 Doy King Donna Evans Robert Tritsvold 1103 North 30th Street 1017 North 30th Street 1007 North 30th Street Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 Chauncey and Gwenyth Betts Martin Hadfield Robyn Goodwin 1014 North 30th Street 1116 North 30th Street 1102 North 30th Street Renton, WA 98056. Renton, WA 98056 Renton, WA 98056 Aldene Warman Jim Lilly 1104 North 30th Street 1212 North 30th Street 1118North 30th Street Renton,WA 98056 Renton, WA 98056 Renton, WA 98056 • • • William Lengyec Warren and Paula Madat William Jensen 1436 North 28th Street 1428 North 28th Street 1432 North 28th Street Renton,WA 98056 • . . Renton,WA 98056 - . _. Renton,WA 98056 ' . . • Tanya and Larry Posey. • ... , , _: Nicolle Willner �:. .�� P. Scott . 141E North 28th Street 1412 North 28th Street • 1402 North 28th Street • Renton,WA 98056 • Renton,WA 98056 . Renton, WA 98056 .• • Jeanne K. Hughes Wayne Gills Petrude W. Olds,Jr. 1421 North 28th Street .. 1444 North 28th Street 1314 North 26th Street Renton,WA 98056 Renton, WA 98056 Renton, WA 98056 • Helen Woods Mr. and Mrs.Tino Contreur Deborah Colombi 1109 North 28th Place 1105 North 28th Place 1209 North 29th Street Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 • Resident Chantelle Wagner Albert Casper 1214 North 29th Street 1201 North 29th Street 1202 North 29th Street Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 . Robert Doerschel Laura Clawsen Debra Malachi 1113 North 29th Street 1112 North 29th Street 1021 North 29th Street Renton, WA 98056 Renton,WA 98056 Renton, WA 98056 Thomas Dunham Mary Paulus Patricia Burnett 1014 North 29th Street 1010 North 29th Street 1004 North 29th Street Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 Marty and Maura Capadina Carte Alari Jack and Peggy Solwoniuk 912 North 29th Street 2608 Camas Avenue NE 906 North 29th Street Renton, WA 98056 Renton,WA 98056 Renton, WA 98056 James Templeman Joan Jensen Lois Motthe 903 North 29th Street 2621 Meadow Place North 1000 North 29th Street Renton, WA 98056 Renton,WA 98056 Renton, WA 98056 • • Pam Jackson Joni Job Wynnlee Crisp 2707 Meadow Place North 1127 North 28th Place ; 2100 NE 31st Street Renton,IWA 98056 . - Renton, WA 98056 Renton,WA 98056 Peter Hartley .`._ ,-w' Charles Jensen Robert and Marjory Kaufmann 2815 Burnett Avenue North `:• 2621 Meadow Place North` 2820 Burnett Avenue North Renton,WA 98056 Renton,WA 98056 Renton, WA 98056 • James V. 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COMMONWEALTA LAND TITLE INSURANCE CO. 14450 NE 29TH PLACE BELLEVUE, WA 980073697 TOUMA ENGINEERS COUNTERSIG D: 6632 S . 191ST PL. #E-102 �/ KENT, WA 98032 Attn: 2/1 By: TROY S - 425 646-3515 JU DSON - (425) 646-3514 FAX - (425) 646-3517 SCHEDULE A Subdivision Guarantee J Order No. H903072 Liability: $-- - Premium: $--- Customer No. --- Tax: - - - Total : $--- 1 . Name of Assured: TOM TOUMA AND TOUMA ENTERPRISES 2 . Date of Guarantee : JULY 20, 2000 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE : That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in: LABRADOR VENTURES, LLC, a Washington limited liability company subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof ; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or 'title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are,; shown by the public records . . [ Page 2 EXCEPTIONS Order No. H903072 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads., avenues, lanes, ways or waterways on which said land abuts, or the right to maintain 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 the land described herein. 4 . GENERAL PROPERTY TAXES and SERVICE. CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 229650-0160-04 2000 $4 , 831 . 55 $2 , 415 . 78 $2 , 415 . 77 • Total amount due, not including interest and penalty: $2 , 415 . 77 Levy Code : 2100 Assessed Value Land: $137, 000 . 00 Assessed Value Improvements : $236, 000 . 00 AFFECTS : Parcel 1 5 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 229650-0156-00 2000 $1, 131 . 37 $0 . 00 $1, 131 . 37 Total amount due, not including interest and penalty: $1, 131 . 37 Levy Code : 2100 Assessed Value Land: $87, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 2 6 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9005-09 2000 $44 . 66 $44 . 66 $0 . 00 , Page 3 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $3 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 3 7 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9006-08 2000 $1, 299 . 64 $649 . 82 $649 . 82 Total amount due, not including interest and penalty: $649 . 82 Levy Code : 2100 Assessed Value Land: $100, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 4 8 . GENERAL PROPERTY TAXES and SERVICE. CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid. Balance 052305-9007-07 2000 $1 , 299 . 64 $649 . 82 $649 . 82 Total amount due, not including interest and penalty: $649 . 82 • Levy Code : 2100 Assessed Value Land: $100 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 5 9 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9009-05 2000 $1, 377 . 27 $688 . 64 $688 . 63 Page 4 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $688 . 63 • Levy Code : 2100 Assessed Value Land: $106, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 6 10 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance , 052305-9013-09 2000 $1 , 454 . 98 $727 . 49 $727 .49 Total amount due, not including interest and penalty: $727 .49 Levy Code : 2100 Assessed Value Land: $112 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 7 11 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9017-05 2000 $1, 532 . 60 $766 . 30 $766 . 30 , Total amount due, not including interest and penalty: $766 . 30 • Levy Code : 2100 Assessed Value Land: $118 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 8 12 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9018-04 2000 $484 . 52 $242 . 26 $242 . 26 • Page 5 EXCEPTIONS Order No . H903072 Total amount due, not including interest and penalty: $242 . 26 Levy Code : • 2100 Assessed Value Land: $37, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 9 13 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9019-03 2000 $1, 752 .44 $876 .22 $876 . 22 Total amount due, not including interest and penalty: $876 . 22 Levy Code : 2100 Assessed Value Land: $112 , 000 . 00 Assessed Value Improvements : $ 23 , 000 . 00 AFFECTS : Parcel 10 14 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9031-07 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land:. $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 11 15 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9049-07 2000 $885 . 57 $442 . 79 $442 . 78 Page 6 EXCEPTIONS Order No. H903072 Total amount due, not including interest and penalty: $442 . 78 • Levy Code : 2100 Assessed Value Land: $68 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 12 16 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent , November 1) Tax Account No. Year Billed Paid Balance 052305-9071-08 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: • $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 13 17 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No . Year. Billed Paid Balance 052305-9012-00 2000 $3 , 887 . 23 $1, 943 . 62 $1, 943 . 61 Total amount due, not including interest and penalty: $1, 943 . 61 Levy Code : 2100 Assessed Value Land: $300 , 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 15 18 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9001-03 2000 $2 , 955 . 68 $1, 477 . 84 $1, 477 . 84 Page 7 Total amount due, not 'including interest and penalty: $1, 477 . 84 Levy Code : 2100 Assessed Value Land: $143 , 000 . 00 Assessed Value Improvements : $ 85 , 000 . 00 AFFECTS : Parcel 16 19 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9068-03 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : Parcel 14 , Except the east 165 . 24 feet, more or less 20 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9069-02 2000 $18 . 79 $18 . 79 $0 . 00 Total amount due, not including interest and penalty: $0 . 00 Levy Code : 2100 Assessed Value Land: $1, 000 . 00 Assessed Value Improvements : $ 0 . 00 AFFECTS : The east 60 feet of Parcel 14 21 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent, May 1 ; 2nd half delinquent, November 1) Tax Account No. Year Billed Paid Balance 052305-9070-09 2000 $18 . 79 $18 . 79 $0 . 00 Page 8 Page 9 EXCEPTIONS Order No . H903072 28 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : City of Renton Purpose : Right of way for sewer line Area Affected: A portion of Parcel 8 Recorded: October 6, 1970 Recording No. : 6700783 29 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton Purpose : Right of way Area Affected: A portion of Parcels 9 and 12 and other property Recorded: October 6, 1970 Recording No. : 6700787 30 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Right of way for road Affects : West 15 feet of Parcel 10 Disclosed by: Instrument recorded under Recording Number 7505120513 31 . RESERVATIONS AND OTHER MATTERS contained in Deed recorded October 25, 1898, King County Recording No. 170321, in Volume 231, page 517 . 32 . COVENANTS, CONDITIONS AND RESTRICTIONS imposed by instrument recorded on September 13 , 1978 , under Recording No. 7809130772 . AFFECTS : Parcel 11 33 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Right of way for maintenance of sewer interceptor Affects : Parcel 11 Disclosed by: Instrument recorded under King County Recording No. 7809130772 34 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Purpose : Roadway and utilities • Area Affected: Parcel 13 Recorded: May 16, 1986 Recording No . : 8605161099 35 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Roadway and utilities Area Affected: Parcel 11 and other property Recorded: May 16, 1986 Recording No . : 8605161100 Said easement may be merged with the legal title to Parcel 11 . Page 10 EXCEPTIONS Order No. H903072 36 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Purpose : Roadway and utilities Area Affected: Parcel 3 Recorded: May 16, 1986 Recording No. : 8605161101 Said easement may be merged with the legal title of said premises . 37 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton Purpose : A utility easement 10 feet in width Area Affected: As described therein Parcel 15 Recorded: Not disclosed Recording No. : 6700775 and 6700776 38 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, if any, disclosed by Survey recorded under King County Recording No. 8410299008 . RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 39 . Any change in the boundary or legal description of the land, or title to the estate insured, due to a shift or change in the course of an unnamed creek. 40 . Rights and easements of the public for commerce, navigation, recreation and fisheries . 41 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Purpose : Roadway Area Affected: Easterly portion of said premises and other property Recorded: June 9, 1950 Recording No . : 4023743 AFFECTS : Parcel 16 42 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Trim vegetation to a height of 8 feet Affects : The description contained therein is not sufficient to determine its exact location within the property herein described Disclosed by: Instrument recorded under King County Recording No. 6595559 AFFECTS : Parcel 16 Page 11 EXCEPTIONS Order No. H903072 43 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton, a municipal corporation Purpose : Public utilities (including water and sewer) with necessary appurtenances Area Affected: _ . Portion of said premises as described therein Recorded: October 6, 1970 Recording No. : 6700767 AFFECTS : Parcel 16 44 . ' EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : City of Renton, a municipal corporation Purpose : Public utilities (including water and sewer) with necessary appurtenances Area Affected: Portion of said premises as -described therein Recorded: October 6 , 1970 Recording No. : 6700777 AFFECTS : Parcel 16 45 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : U. S . West Communications, Inc . , a Colorado corporation Purpose : A perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such telecommunications facilities electrical facilities Area Affected: As constructed Recorded: January 18, 2000 Recording No. : 20000118001281 AFFECTS : Parcel 12 46 . The legal description for Parcel 14 has been changed from the record legal description contained under King County Recording Nos . 1350490, 2865086 and 2917246 . Said record legal description appear to contain overlaps and a survey of said premises would be necessary to determine the exact boundaries as recited in said deeds . The legal descriptions contained in said deeds also differs from the legal descriptions contained in the current King County Tax Rolls . Any closing instructions submitted to us must indicate that the legal description has been reviewed and approved by all parties to this transaction. 47 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF. Purpose : Road Affects : Portion of Parcel 14 Disclosed by: Instrument recorded under King County Recording No . 1478436 • Page 12 EXCEPTIONS Order No . H903072 48 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Established in Cause No. : 85-2-00831-6 • Purpose : Ingress, egress, road improvements and utilities Area Affected: _ . Entire -parcel ' 49 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Established in Cause No. : 92-2-24469-1 Purpose : Easements for ingress and egress Area Affected: Entire parcel 50 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : U S West Communications, Inc . , a Colorado corporation Purpose : Telecommunications facilities, electrical facilities and appurtenances Area Affected: Parcel 14 Recorded: April 20 , 2000 Recording No. : 20000420000794 51 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : U S West Communications, Inc . , a Colorado corporation Purpose : Telecommunications facilities, electrical facilities and appurtenances Area Affected: Parcel 14 Recorded: April 20, 2000 Recording No. : 20000420000795 52 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : U S West Communications, Inc . , a Colorado corporation Purpose : Telecommunications facilities, electrical facilities and appurtenances Area Affected: Parcel 14 Recorded: April 20 , 2000 Recording No. : 20000420000796 FJG/cgg • Page 13 Order No . H903072 LEGAL DESCRIPTION: • PARCEL 1 : The north 123 . 12 feet as measured at right angles to the north line of Tract 30 and all of -Tract 31, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington. PARCEL 2 : The west 100 . 00 feet as measured at right angles to the west line of Tract 30, Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; EXCEPT the north 123 . 12 feet at measured at right angles to the north line of said Tract 30, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington. PARCEL 3 : That portion of Government Lot 1, lying within the north 20 feet of the west 1042 . 7 feet of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT those portions whose interests were quieted under King County Superior Court Cause No. 92-2-24469-1 . PARCEL 4 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point where the easterly line of Hillman Boulevard as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, extended, intersects the north line of said Section; , thence south 89 degrees west along the north line of said Section, 168 . 8 feet to the true point of beginning; thence south 391 . 4 feet to the north line of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; thence south 89 degrees west, 112 . 5 feet; thence north 391 . 4 feet ; thence east 112 . 5 feet to the point of beginning; EXCEPT the north 30 feet thereof lying within the County Road; EXCEPT any portion thereof lying within that certain tract of land as deeded to Paul A. Lapp by Warranty Deed recorded under Recording Number 2882752 . Page 14 Order No. H903072 thence north 205 . 9 feet to the centerline of said stream; thence northwesterly following centerline 194 feet, more or less, to the true point of beginning; EXCEPT any portion thereof lying easterly of the following described line : Beginning at a point on the north line of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, where the easterly line of Hillman Boulevard, as shown on the plat of Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, would intersect the north line of said Section 5 (the bearing of said north line being north 89 degrees 03 minutes 45 seconds west, King County Aerial Survey Meridian) ; thence south 1 degree 02 minutes 55 seconds west, a distance of 184 . 8 feet, more or less to the centerline of creek, said point being the north end of the line between Marenakos and Stride; thence continuing south 1 degree 02 minutes 55 seconds west, a distance of 206 . 95 feet, more or less, to the north line of Eldon Acres and the south end of line between Marenakos and Stride . PARCEL 7 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5 ; thence north 89 degrees east, 554 . 5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north 89 degrees east, 228 feet ; thence north 276 feet; • thence south 89 degrees west, 228 feet to the true point of beginning; EXCEPT the following described tract : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5 ; thence north 89 degrees east, 554 . 5 feet to the true point of beginning of the tract herein described; thence south 89 degrees west, 254 . 5 feet; thence south 20 degrees east, 240 . 5 feet ; thence south 40 degrees east, 160 feet ; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. ALSO KNOWN AS Lot 2 , City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . Page 16 Order No. H903072 PARCEL 8 : Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 276 feet ; thence north 89 degrees east, 228 feet; thence north 276 feet; thence south 89 degrees west, 228 feet to beginning; TOGETHER WITH the following described parcel : Beginning 1040 . 5 feet east and 306 feet south of the northwest corner of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south 85 .4 feet, more or less, to the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington; thence along said plat line south 89 degrees west, 425 feet, more or less, to the angle corner of said Plat'; thence along said plat line, south 45 degrees west, 356 feet, more or less, to the easterly line of Lake Washington Boulevard; thence northwesterly along said Boulevard line, 75 feet, more or less, to a point on a line which is parallel with and 75 feet northwesterly from said plat line; thence north 45 degrees east 410 feet, more or less, to a point which is south 89 degrees west from the point of beginning; thence north 89 degrees east, 456 feet, more or less, to the point of beginning; EXCEPTING therefrom that portion lying westerly of the following described line : Beginning at a point 30 feet south and north 89 degrees east, 812 . 5 feet from the northwest corner of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington; thence south to intersect with the north line of the plat of Eldon Acres, according to the plat thereof recorded in Volume 11 of Plats, page 86, in King County, Washington and the terminus of said line. ALSO KNOWN AS Lot 1, City of Renton Lot Line Adjustment Number 009-85, recorded under Recording Number 8602139002 . Page 17 • Order No. H903072 PARCEL 9 : That portion of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the easterly line of Hillman Boulevard as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, with the north line of said Section 5; thence west along the north line of said Section, 168 . 8 feet to the true point of beginning of the tract herein described; thence east along said north line, 60 feet ; thence south to the centerline of creek; thence westerly along said centerline to a point south of the true point of beginning; thence north to the true point of beginning; EXCEPTING the north 30 feet thereof for road. PARCEL 10 : That portion of the northwest quarter of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, described as follows : Beginning at a point 30 feet south and 30 feet east of the northwest corner of said Section 5; thence north 89 degrees east, 554 . 5 feet to the true point of beginning described; thence south 89 degrees west, 254 . 5 feet ; thence south 20 degrees east, 240 . 5 feet; thence south 40 degrees east, 160 feet; thence north 45 degrees east, 108 feet, more or less, to a point south of the true point of beginning; thence north to the true point of beginning. PARCEL 11 : The south 10 feet of the north 30 feet of the east 554 . 5 feet of the west 584 . 5 feet of Government Lot 1, Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington. PARCEL 12 : That portion of Government Lot 1, Section 5, Township 23 North, Range. 5 East, W.M. , in King County, Washington, described as follows : Beginning at the intersection of the easterly margin of Hillman' s Boulevard "104th Avenue Southeast" , as shown on the plat of Hillman' s Lake Washington Garden of Eden Addition to the City of Seattle No. 1, according to the plat thereof recorded in Volume 11 of Plats, page 63 , in King County, Washington, prolongated southerly with the north line of said Section 5; thence west along said north line, 25 feet to the true point of beginning of this description; Page 18 Order No. H903072 thence west 83 . 80 feet; thence south at right angles to the north line of said Section 5 to the centerline of a stream, said centerline • being the north line of a tract of land conveyed to James L. Marenakos and Georgia Marenakos, his wife, by deed recorded under Recording Number 5.109221 ; thence easterly along said centerline to a point south of the true point of beginning, as measured at right angles to the north line of said Section 5; thence north to the true point of beginning; EXCEPT the north 20 feet thereof . PARCEL 13 : The east 108 . 8 feet of the following described Parcel : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the south 10 feet of the east 108 . 8 feet thereof; ALSO EXCEPT that portion thereof lying within the north 20 feet of the west 1042 . 7 feet of said Section; TOGETHER WITH an easement for ingress, egress and utilities over the following described parcel : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110 . 8 feet thereof; EXCEPT that portion lying within the north 20 feet of the west 1042 . 7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet of the west 554 . 5 feet of said Section. PARCEL 14 : The north 30 feet of that portion of the northwest quarter of Section 5, Township 23 North, Range 5 East, W.M. , in King County, Washington, lying westerly of the southerly extension of the easterly margin of Hillman' s Boulevard (104th Avenue Southeast) and lying easterly of the easterly margin of Neal Turner Road; EXCEPT the east 110 . 8 feet thereof; EXCEPT that portion lying within the north 20 feet of the west 1042 . 7 feet of said Section; ALSO EXCEPT that portion lying within the south 10 feet, of the west 554 . 5 feet of said Section. Page 19 Order No. H903072 Commencing at the intersection of the northwesterly margin of the abandoned Pacific Coast Railroad Company' s New Castle Branch with the north line of said Section 5 ; thence north 89°03 '45" west along said north line 120 . 00 feet to the •true point of beginning; thence continuing north 89°03 ' 45" west 17 . 92 feet to an existing fence; • thence south 01°12 '40" west along said 103 . 21 feet to the northerly margin of said abandoned railroad, said point being on a curve to the center of which bears south 41°04 ' 12" east; thence northeasterly along said margin on a curve to the right having a radius of 934 . 904 feet for a distance of 25 . 26 feet; thence north 00°33 '45" east 86 . 57 feet to the true point of beginning. • Page 21 t` 0 .. .t' ' _ _ _��� 1318.74 r—:?a9 6-0 wIr ..f' —)(-. . /. a,a rif.0!-�:~ • • ..i --A-N, 1., .1 •A. \)i t�2. mot\ �r i �" 4,y - f j a...t(. 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