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HomeMy WebLinkAboutLUA79-453 AXEL C.JULIN JULIN, FOSSO & SAGE HAROLDC.FOSSO ATTORNEYS AT LAW EUGENE H.SAGE JAMES D.M4BRIDE LAURENCE E.MASON 3701 SEATTLE-FIRST NATIONAL BANK BUILDING RICHARD D.EADIE SEATTLE,WASHINGTON 98154 RALPH W.ANDERSON 622-3720 M.KATHRINE JULIN March 24, 1980 RECEIVED CITY OF RENTON HEARINGEmeAht,g Mr. Fred J. Kaufman MAR:2 5 e Land Use Hearing Examiner The City 'of Renton I`ll fi4A2f,0��9°alb,' Municipal Building Ai 200 Mill Avenue South Renton, Washington 98055 Re: Swanson-Dean Corporation (Canyon Oaks) File No. PP-453-79 Dear Mr. Kaufman: In accordance with your response to Swanson-Dean Corporation's request for reconsideration contained in your letter of March 19, 1980, I am enclos- ing a complete revised version of the Declaration of Covenants, Conditions and Restrictions for Canyon Oaks. This revised version of the Covenants con- tains the prior changes made to satisfy the concerns of The City of Renton Building Department. It also addresses the two concerns contained in your revised reconu endations as set forth in your letter of March 19, 1980. Specifically, I have revised Article Three, found on page 2 of the Cove- nants, Conditions and Restrictions. Article Three now contains the language as set forth in my request for reconsideration dated March 17, 1980. I have also revised Article Ten, Section 2, which is found on page 6 of the Covenants. Article Ten, Section 2, now contains an absolute prohibition on the construc- tion or erection of structures including, but not limited to, room additions, fences and sheds. I believe these revised Covenants are in accordance with your recommenda- tions. I hope that they will meet with your approval. If the language contained in these revised Covenants should, for any rea- son, be inadequate, please advise and I will be happy to make any necessary revisions. Thank you very much for your cooperation in this matter. • Very truly yours, LEM:fb Laurence E. Mason cc - Swanson-Dean Corporation Attention: Mr. Nick Jensen enc. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CANYON OAKS THIS DECLARATION, made by the Developer, who is_the owner of certain Properties situated in the State of Washington, County of King, described on Exhibit 1, hereto attached, hereby covenants, agrees and declares that all of said Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants, conditions, restrictions, ease- ments and reservations, all of which are for the purpose of enhancing.and pro- tecting the value, desirability and attractiveness of said Properties for the benefit of all of said Properties and the owners thereof and their heirs, suc- cessors and assigns. These covenants, conditions, restrictions, easements and reservations shall run with the said Properties and shall be binding on all parties having or acquiring any right, title or interest in the Properties or any part thereof, and shall inure to the benefit of each owner thereof. Accept- ance of an interest in a Lot shall be deemed acceptance of the terms and provi- sions of this Declaration. ARTICLE ONE Definitions For purposes of the Declaration and the Articles and Bylaws of the Associa- tion certain words and phrases have particular ni anings which are as follows: 1. "Association" shall mean the Canyon Oaks Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 2. "Common Areas" shall mean those portions of the "Properties" owned or to be owned by the Association for the common use and enjoyment of Association Members. • 3. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions. 4. "Developer" shall mean Swanson-Dean Corporation, or a person or entity to which it assigns its rights as Developer. 5. "Housing Unit" shall mean the residential buildings and garages oc- cupying a Lot. 6. "Lot" shall mean those Lots shown on the plat of Canyon Oaks recorded in Volume of Plats, pages , Records of King County, Washington. . 7. "Member" shall mean every person or entity that holds a membership in the Association. PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EX-AMINER PUBLIC HEARING : SWANSON DEAN CORPORATION , PP-453-79 FEBRUARY. 26 , 1980 PAGE THREE site along Kennewick Place N . E . and other single family residences in the vicinity of N .E . 27th Street approximately 1/4 mile south of the subject site . Kennydale Elementary School is located across Kennewick Place N . E . west of the site and an existing Exxon gas station is located west of the site on the north side of N . 30th Street . The existing freeway interchange for FAI-405 is located just west of the subject site a distance of approximately 300 feet . May Creek is located directly north of the subject site within the ravine area . E . NEIGHBORHOOD GHlBiO1 H-HOOO CHARACTERISTICS : The area is characterized by a mixture of single family residences , public uses , businesses and park and greenbelt uses together with undeveloped area . F . PUBLIC SERVICES : 1 . Water and Sewer : A 12" water main is located along Kennewick Place N .E . A 12" sewer main is located at the corner of N . E . 28th Street and Kennewick Place N . E . An existing 18" storm sewer is located along the north line of track 56 and a 15" storm sewer is located along Kennewick Place N .E . 2 . Fire Protection : Provided by the Renton Fire Dept . per ordinance requirements . 3 . Transit : Metro Transit Route #142 operates along Kennewick Place N . E . 4 . Schools : The site is directly across the street and east of the Kennydale Elementary School , is within one mile of McKnight Junior High. School ,' and within 2 miles of Hazen High School . 5 . Recreation : The subject site is directly adjacent ' to the King County-May Creek Park = arid is directly ' across the street from certain open space and recreation area provided by the Kennydale Elementary School . Kennydale Lions Park is located approximately 1/2 mile south of the subject site . G ; A1fPPL]TfAU ILL SECTIONS OF THE ZONING CODE: 1 . Section -4-705 ; SR-2 , Suburban Residence District . 2 . Section 4-706 ; R-1, Residence Single Family . 3 . Section 4-708 ; R-2 , Residence Distreict , H . AfPIPILIIEAOILIE SECTIONS OF AIHIE COMPREHENSIVE (PLAN OR OTHER OFFICIAL CITY DOCUMENT: -- 1 . Land Use Report , 1965 ; Residential , page 11 , and Objectives , pages 17 and 18 . 2 . 1 Policy Statement , Comprehensive Plan , Renton Urban Area , 1965 ; Summary , pages 9 and 10 . 3 . Subdivision Ordinance , Section 9-1105 , Preliminary Plat Requirements . I . IMPACT O 1 1RHIIE NATURAL OR HUMAN ENVIRONMENT : 1 . , Natural Systems : Minor . 2 . Population/Employment : Minor . 3 . Schools : Minor . 4 . Social : Minor . ARTICT,F FOUR Membership - Every person or entity who is an Owner of any Lot, shall become a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. All Members shall have rights and duties as speci- fied in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FIVE Voting Rights Members shall be entitled to one vote for each Lot owned. Nhen more than one person or entity owns an interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any.Lot. The voting. rights.of any.Member may . • be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. - ARTICLE SIX Property Rights in Common Areas Every Member shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and upon the Cumun Areas owned by the Association which rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: (a) The right of the Association to limit the number of guests of Members, and to adopt rules and regulations; (b) The right of the Association to exclusive use and management, of said Coiiuiun Areas for utilities such as pumps, pipes, wires, conduits, and other utility equipment, supplies and material; (c) The rights reserved to the Developer in the Declaration; (d) The other restrictions, limitations and reservations contained or pro- vided for in the Declaration and the Articles and Bylaws of the Association. ARTICTE SEVEN Maintenance and Common Expenses Section One: The Association and/or its duly designated representative shall maintain the Conn Areas, the roofs and exteriors of Housing Units, ex- cept the windows of Housing Units, and shall provide such additional common main- tenance as the Board of Directors of the Association shall, from time to time, determine to be in the best interests of the Association and the Owners. -3- Section Two: The Association shall maintain all property for which it is responsible in the same condition as a reasonably prudent homeowner would main- tain his own hone so that the entire development will reflect a high pride of ownership. Except for common maintenance provided by the Association, all main- tenance of Housing Units shall be the sole obligation of the Owner. Section Three: Certain expenses shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Coiiwn Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Common Expenses shall include, but shall not be limited to, the following: (a) The expense of maintaining the Common Areas; (b) The real property taxes upon the Common Areas; (c) The cost of maintaining all required insurance coverage; • - (d) The cost of any repairs or replacement of the Coffin Areas; (e) Utility charges attributable to the Common Areas owned by the As- sociation; (f) The expense of maintaining the roofs and exteriors of the Housing Units, together with the expense of providing other common maintenance; (g) The expense in an amount necessary for the establishment and main- tenance of a reserve for repairs, maintenance of the Comirin Areas, common main- tenance.of Housing Units, taxes and other charges, including insurance premiums which it shall be necessary for the Association to pay; and (h) Any other expense which shall be designated as a Common Expense in the Declaration or, from time to time, by the Association. ARTICLE EIGHT Assessments Section One: Each Lot shall be subject to monthly assessments or charges and certain special assessments in an amount to be determined by the Association. Monthly assessments shall commence on the first day of the month following the date upon which the deed conveying the Common Areas to the Association is re- corded, and shall thereafter be due and payable on the first day of each suc- ceeding calendar month. Section Two: The Board of Directors of the Association, shall determine the amount of monthly assessment necessary to pay Common Expenses. The amount of monthly assessment may be increased or decreased periodically as may be necessary from time to time to properly provide for payment of the Common Ex- penses. The amount of such monthly assessments shall be equal for all Lots. -4- Section Three: The Association shall, upon written demand, furnish a cer- tificate in writing, setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Section Four: In addition to the monthly assessments authorized above, the Association, by and through its Board of Directors, may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto. ARTICLE NINE Collection of Assessments, Enforcement of Declaration, Attorney's Fees and Costs Section One: All assessments, together-with interest -thereon and cost_of-_- collection thereof, as herein provided, shall-be a charge -. __on the land_and_will - be a continuing lien upon the Lot against which each such assessment is made. Said lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Section Two: If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at the rate of twelve (12%) per cent per annum. Each Member hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Asso- ciation in like manner as a mortgage of real property, and such Neither hereby expressly grants to the Association the power-of sale in connection with such liens. The liens provided for in this section shall be in favor of the Associ- ation, and shall be for the benefit of the Association. The Association shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. In the event the Asso- ciation employs an attorney to enforce said liens, or the collection of any amounts due, or to enforce compliance with or specific performance of the Articles or Bylaws of the Association, rules or regulations adopted by the Association, or the provisions of the Declaration, the prevailing party in said action shall be entitled to the award of reasonable attorney's fees and costs incurred. Section Three: In the event any Member shall be in ariears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, said Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws, or Declaration. -5- ARTICTE TEN Building, Use and Architectural Restrictions Section One: The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors or its authorized representative in this Article of the Declaration. Said reserved right shall automatically terminate when the Developer no longer owns any Lot, or at such earlier time as said reserved right is relin- quished to the Board of Directors of the Association.. Each Lot shall be subject to this reserved right in the Developer and each Owner shall take subject thereto. Section Two: No structures, including room additions, fences or sheds may be constructed or erected on any Lot. In addition to the immediately preceding prohibition on construction or erection of structures,.-no exterior_changes -of =- - - any other kind shall be made to any building including, but not limited to, - --- - exterior color changes, until the request for said change shall have:been sub- mitted and approved in writing by the Board of Directors of the Association or its authorized representative. • If the Board of Directors, or its authorized representative, shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required items to the Board of Directors, or its authorized representative, the Owner may proceed with the proposed work not- withstanding the lack of written approval by the Board of Directors or its authorized representative. Section Three: No trailer, recreational vehicle, basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary character erected or placed on the Properties shall at any time be used as living quarters except as hereinafter specifically authorized. Section Four: No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to other Lot Owners. Section Five: No animal, livestock or poultry of any kind shall be raised, bred, or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Section Six: No sign of any kind shall be displayed to public view on any Lot, except upon written approval of the Board of Directors, its authorized representative, or Developer as herein provided. Section Seven: No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or • -6- exposed in view for drying; litter, trash, junk or other debris; inappropriate, broken, damaged or ugly furniture or plants; nondecorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained as pro- vided in the Declaration. Section Eight: No radio or television antenna or transmitting tower shall be erected which exceeds 5 feet in height above the roof ridge line of a Housing Unit, no separate towers therefore shall be permitted except upon written approval of the Board of Directors or its authorized representative as hereinabove provided. Section Nine: Except as hereinafter expressly provided, the Common Areas and/or streets located on the Properties shall not be used for the overnight parking of any vehicle other than private family automobiles and no boat, boat trailer, house trailer, camper, truck or other.-recreational vehicle or-similar_-_ -- - - object, or any-part thereof, shall be stored or permitted to remain on- any Lot, or the Comaun Areas, or on any part of the Properties, -unless the same is stored - or' placed in a garage. - Notwithstanding the foregoing, Lot Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the Board of Directors or its authorized representative, for said guests to park said vehicle upon the Lot owned by said Lot Owner or the public street adjacent to said Lot for a period of up to two weeks. Said privilege shall only exist, however, after the written permission has been obtained from the Board of Directors or its authorized representative. The Board of Directors or its authorized representative shall give written notice of a violation to the Lot Owner or occupant and said Lot Owner or occu- pant shall have ten (10) days from the date of receipt of said written notice to take whatever actions are necessary to remedy said violation. If said Lot Owner shall not comply within said ten-day period, the Board of Directors or its authorized representative is hereby granted the right to remove at the expense of the owner thereof, any boats, trailers, campers, trucks, recreational ve- hicles, or similar items which are parked or stored in violation of the terms and provisions hereof. Said Lot Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of removing said boats, trailers, campers, trucks, recreational vehicles, or similar items which are parked or stored in violation of the terms and provisions hereof. Section Ten: In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns so long as it owns any Lot, the right to main- tain upon the Properties such facilities as in the sole opinion of the Developer are required, convenient or incidental to the construction and sale of Housing Units or Lots, including a business office, storage area, construction yards, signs, model units and sales office. -7- ARTICTE ELEVEN Easements Section One: Each Lot and the Comrron Areas shall be subject to an easement for encroachments created by construction settling and overhangs. There is hereby created, granted and conveyed to any utility company which may provide services to the Properties, its successors and assigns, a non-exclusive easement over, under, upon and across the Properties for the purpose of the installation, operation, maintenance and repair of their respective facilities; provided, however, all said utility companies providing services to the Properties, their successors and assigns, shall give notice in writing three (3) days' prior to making any installation, performing any maintenance or making any repair of their respective facilities to the Association, which notice shall specify the nature and location of the work to be performed.; provided further, said notice shall not be required for the making of emergency repairs. By virtue of this easement it shall be expressly permissible for the providing utility company to-_ erect equipment on the Properties and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of Housing Units. This easement must be used in such manner as to minimize inconvenience to the Owners and damage to existing structures. Said utility companies shall, at their own expense, repair any damage and restore the Properties to as good a condition as they were prior to the performance of said work by said utility companies. Each Owner agrees not to place locks on struc- tures enclosing utility meters or to in any manner interfere with the ability of utility representatives to have access to said meters at all times. Section Two: There is no easement of view, light, or air expressed or implied from the terms and provisions of this Declaration over, upon or across any portion of the Properties. ARTICT F TWELVE Mortgagee Protection Section One: As used in this Article, references to mortgage or mortgages shall be deemed to include deeds of trust. Section Two: Notwithstanding and prevailing over any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each holder of a mortgage given for the purpose of ob- taining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Three: The holder of a mortgage entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by in- junctive or other equitable actions, not, requiring the payment of money, except as hereinafter provided. -8- Section Four: During the pendency of any proceeding to foreclose said mortgage, the holder of said mortgage or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Five: At such time as said mortgagee shall become entitled to pos- session of the Lot, said mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, said mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declara- tion which secure the payment of any assessment for charges accrued prior to the date said mortgagee became entitled to possession of the Lot. Section Six: If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may h -treated as_a conrnon expense of other Lots. Any such unpaid assessment shall continue to exist as a- - personal obligation of the defaulting Owner of the respective Lot to the As- sociation. • ARTICTF THIRTEEN Management Contracts Each Member hereby agrees that the Association may enter into such agree- ments for the performance of any or all of the functions of the Association with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional • management of the Properties, or any other contract providing for services by the Developer, sponsor or builder, must provide for termination by either party . without cause or payment of a termination fee on ninety (90) days, or less, written notice and the maximum contract term shall be three (3) years. ARTICLE FOURTEEN Insurance Section One: The Association shall have the authority to and shall obtain a policy or policies of fire insurance with extended coverage endorsement for the full insurable replacement value of the Common Areas and each of the Housing Units located on the Properties. Said policy or policies shall provide for separate protection for each Housing Unit and the Owners thereof to the full, insurable replacement value thereof, and shall contain a separate loss payable endorsement in favor of the mortgagee or mortgagees of each Housing Unit, if • any. Such insurance coverage shall be written in the name of the Developer, until the Common Areas are conveyed to the Association, and thereafter in the name of the Association, or the Board of Directors thereof, as trustee for each of the Owners. Premiums shall be Common Expenses. The insurance coverage so -9- obtained shall be reviewed not less than every two years to insure that the policy limits are in the amount of the full insurable replacement value of the property covered. Provision for such insurance shall be without prejudice to the rights of each Owner to insure his awn Housing Unit and/or the personal contents thereof for his benefit. However, the policy or policies obtained in accordance herewith shall not insure the personal property of Owners contained in any Housing Unit. It is the responsibility of the individual Owners to pro- vide for coverage of personal property located in Housing Units. Section Two: The Association shall have authority to and shall obtain a policy or policies insuring the Association, Owners and the Developer so long as the Developer shall retain any interest in the Properties, against any liability incident to the ownership or use of Comnon Areas, Lots and Housing Units. Coverage under such policy or policies shall not be less than $200,000 for any one person injured, $500,000 for any one accident and $50,000 for property damage. - Section Three: The Association shall provide_copies-of-all insurance . policies obtained by it for the benefit of Owners- as herein required. The As- . sociation may charge a reasonable fee for copying or duplication of said in- surance coverage information. Section Four: In the event of the damage or destruction of property covered by insurance obtained as herein required, the Association shall, upon receipt of the insurance proceeds, contract to rebuild or repair the damaged or destroyed portions of the Properties to as good a condition as they were when the loss occurred. The Association may contract with any licensed contractor for recon- struction or rebuilding of such damaged or destroyed portions of the Properties. ARTICLE FIFTEEN Rules and Regulations The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof. All Lot Owners shall be given written notice of said rules and regulations and said rules and regulations shall be posted in a conspicuous place on the Common Areas. ARTICTF SIXTEEN Remedies and Waiver Section One: The remedies provided herein for collection of any assessment or other charge or claim against any Member, for and on behalf of the Associa- tion, or Developer, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: The failure of the Association or the Developer or of any of their duly authorized agents or any of the Owners to insist in any one or more -10- instances upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to • institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regu- lations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of said Board of Directors. ARTICLE SEVENTEEN. Benefits and Burdens Run with the Land The covenants, restrictions, reservations and conditions contained herein : . shall run with the land and sha l be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. After the date on which the Declaration has been recorded, these covenants, restrictions, reservations and conditions may be enforced by the Association or Developer which shall have the right to enforce the same and expend Association monies in pursuance thereof, and also may be enforced by the Owner of any Lot. ARTICLE EIGHTEEN Party Walls In addition to iiieeting the other requirements of the Declaration and of any Building Code or similar regulations or ordinances, including particularly requirements imposed by the City of Renton, any Owner proposing to modify, make additions to, or rebuild his Housing Unit in any manner which requires the extension, alteration or any modification of any party wall, shall first obtain the written consent of the Board of Directors or its designated repre- . sentative, and shall, in addition, obtain all required permits and approval from the City of Renton. ARTICLE NINETEEN Federal Home Loan Mortgage Corporation (F1TM ) Protection and Federal National Mortgage Association (F`TMA) Protection The following provisions are included to assure compliance with the FHLMC and/or FNMA rules, regulation and warranty requirements. Section One: A first mortgagee, upon request, shall be entitled to written . notification from the Association, or the Board of Directors thereof, of any default in the performance by an Owner of any obligation under the PUD consti- tuent documents which is not cured within sixty (60) days. -11- Section 'Itao: Unless all first mortgagees or purchasers of first mortgages shall have given their prior written approval, the Association shall not be entitled to: (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer real estate or improvements thereon which are owned, directly or indirectly, by the Association for the benefit of Lot Owners; provided, however, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Properties shall not be deemed a transfer within the meaning of this clause; (b) change the method of determining the obligations, assessments, dues or other charges which may be levied against Lots and Lot Owners; (c) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Housing Units the exterior maintenance of Housing Units, the maintenance of party walls, common fences and driveways or the upkeep of lawns and plantings on the Properties; (d) fail to maintain fire and extended coverage on insurable portions of the Coiiaiun Areas on a current replacement cost basis in an amount not less than one hundred (1000) per cent of insurable value based on current replacement cost; (e) use hazard insurance proceeds for losses to any of the Comon Areas for other than the repair, replacement or reconstruction of improvements located thereon; (f) alienate all or any portion of the Common Areas; (g) amend the Declaration to change the ratio of assessments against Lot or Housing Unit Owners. Section Three: First mortgagees or purchasers of first mortgages on Hous- ing Units may, jointly or singly, pay taxes or other charges which are in de- fault and which may have or become a charge against any Coffin Areas and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Coiimun Areas and first mortgagees or the purchasers of first mortgages making such payments shall be owed immediate reimbursement therefor from the Association. Section Four: In the event all or any portion of the Common Areas are acquired by condemnation or under threat of condemnation, the condemnation award shall be utilized by the Association to acquire, to the extent possible, compar- able replacement facilities. In the event the Association is unable to obtain comparable replacement facilities within a period of nine (9) months from the date the Association received the condemnation award or monies paid to the Association under threat of condemnation, the Association shall pay jointly to any Lot Owner and the mortgagee holding the mortgage on said Lot, if any, a pro -12- rata share of said condemnation award or monies received attributable to said Lot. The pro rata share of said condemnation award or monies received shall be determined by dividing the total amount of the condemnation award or monies received by the total number of Lots. The resulting sum shall be the pro rata share attributable to each Lot and the Owners and mortgagees thereof. Section Five: First mortgagees shall have the right to examine the books and records of the Association, or any successor thereto, which owns all or any portion of the Common Areas. Section Six: As used in this Article Nineteen of the Declaration, the term mortgage shall include deed of trust, mortgagee shall include beneficiary of a deed of trust, and mortgagor shall include grantor of a deed of trust. ARTICLE', TWENTY Reservation of Right to Amend to Comply with FLIMC or FNMA Requirements ---_ The Developer hereby reserves the Wright to. amend the Declaration from time to time as may be necessary to comply with FHLMC or PIIMA regulations or require- ments or if such amendment is necessary to enable the holders of first mortgages or deeds of trust to sell said first mortgages or deeds of trust to FHLMC or FNMA, or if such amendment is necessary to secure funds or financing provided by, through or in conjunction with FHLMC or FNMA. Said reserved right to amend the Declaration shall exist so long as the Developer retains the ownership of any Lot. If the Developer, at its option, determines that it is necessary to so amend the Declaration, the Developer, on behalf of all Lot Owners, is hereby authorized to execute and to have recorded said required amendment or amend- ments. All Lot Owners hereby grant to the Developer a full and complete power of attorney to take any and all actions necessary to effectuate and record said amendment or amendments and agree that said amendment or amendments shall be binding upon their respective Properties and them and their respective heirs, personal representatives, successors and assigns to the same extent as if they had personally executed said amendment or amendments. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed coupled with an interest and shall be irrevocable. The terms and provisions of this Article of the Declaration shall control over any inconsistent provision contained in Article Twenty-One, Section Six, of the Declaration. ARTICLE' TWENTY-ONE General Provisions • Section One: The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either. to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. -13- • Section Two: The invalidity of any one or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, paragraph, or section had not been inserted. Section Three: These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for succes- sive terms of ten (10) years, unless revoked or amended as hereinabove provided. Section Four: In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Five: In the event the Association employs an attorney to enforce any provision of the Declaration, the Articles or Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in said action shall be entitled to the award of reasonable attorney's fees and costs incurred in said action. Section Six: Except as provided in Article Twenty of the Declaration, the Declaration may be amended by an instrument executed by the President and Secre- tary of the Association for and on behalf of the Lot Owners. The Association is hereby authorized to record or to cause to be recorded said instrument. The Association shall only be authorized to execute and record said amendment on behalf of Lot Owners after said amendment shall be approved by a vote of the Lot Owners having seventy-five (75%) per cent of the total votes. Votes shall be cast by written ballot either in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent to all Lot Owners not less . than ten (10) days nor more than fifty (50) days in advance of said meeting. All Lot Owners may also vote by executing a document in writing consenting to • the said amendment which written consent may be submitted either prior to or within one hundred twenty (120) days following the date of said meeting. All Lot Owners hereby grant to the Association a full and complete power of attorney to take any and all actions necessary to effectuate and record said amendment and agree that said amendment when authorized and recorded as provided in this Article shall be binding upon their property and them and their respective heirs, personal representatives, successors and assigns to the same extent as if they had personally executed said amendment. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed coupled with an interest and shall be irrevocable. -14- • Section Seven: Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Associa- tion shall be deemed properly given if mailed by ordinary mail to the last address furnished to the Developer or the Association, and said notices shall be deemed given when deposited in a United States Post Office. In the event there shall be more than one Owner of any Lot, notice to any one of said Owners shall be deemed notice to all Owners. DATED this day of , 1980. SWPNSON-DEAN CORPORATION By P. Edward Dean, Jr. , President STA l'N; OF WIASHINGION ) SS. COUNTY OF KING ) On this day of , 1980, before me, the un- dersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared P. Edward Dean, Jr. , President of Swanson-Dean Corporation, the corporation that executed the foregoing instrument, and acknowl- edged the said instrument to be the free and voluntary act and deed of the said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the coLporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. • Notary Public in and for the State of Washington, residing at -15- • OF R4,4, rot,. 0 THE CITY OF RENTON ` MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o >`ti } +` ° BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER o Pco FRED J. KAUFMAN. 235-2593 9�TED SEPT��O� April 10, 1980 Mr. Laurence E. Mason Attorney at Law 3701 Seattle First National Bank Bldg. Seattle, WA 98154 RE: File No. PP-453-79; Swanson-Dean Corporation (Canyon Oaks) Dear Mr. Mason: This is to notify you that the above referenced request was approved by the Renton City Council on April 7, 1980. Expiration of the approved preliminary plat will occur on April 7, 1981. Sincerely, Fred J. Kaufman Hearing Examiner FJK:de cc: Planning Department 1 0611 f?/07; City Clerk 146 APR 1980 ti Cam. D„o :r C � cizi! \, w' {.. i:+.f -\( CLERK'S Lri}Kan :�f F 1r� .i".J Renton City Council 4/7/80 Page 3 Consent Agenda - Continued Call for Bid City Clerk reported bid opening March 26, 1980 for construction Construction of Burnett Linear Park. Ten bids were received.. See bid of Burnett award following. (See attached tabulation sheet) Linear Park Bid Award- Parks/Planning/Public Works Departments recommended acceptance Burnett of low bid by Frontier Landscaping in the amount of $121 ,543.50. Linear Park for park work and storm line for construction of Burnett Linear Park. Mayor and City Clerk authorized to sign contract. Council Approve. Alley Vacation Petition for vacation of portion of an alley located between VAC-1-80 Burnett Ave. N. & Park Ave. N. and N. 30th St. 6 N. 29th St. Eugene Casper as petitioned by Eugene Casper with 69% of signatures for abutting property owners. Refer to Public Works Dept. , Board of Public Works and Transportation Committee for determination re appraisal and retention of utility easements. , Refer to Ways and Means Committee for resolution setting May 19, 1980 for public Hearing. Council concur. Beale Rezone Hearing Examiner decision Rezone R-002-80, Mrs.. Arthur Beale, R-,002-80 for G to B-1 and B-2 for property located at 1320 Union Ave. N,E., approval subject to restrictive covenants. Council concur. Preliminary Plat eating Examiner decision and reconsideration preliminary plat PP-453-79 PP-453-79 Canyon Oaks,as requested by Swanson-Dean Corp., property Canyon Oaks located Kennewick Pl . NE between 28th & 30th. , approval subject to restrictive covenants and reconsideration revisions. (Restrictive Covenants to be filed at time of final plat) Council concur. Claim for Claim for Damages was filed by Shawn Marie Preston for alleged Damages tire damage from hitting hole on roadway. Refer to City Attorney and Insurance Carrier. Claim for Claim for Damages was filed by Corrine Kanzaki for alleged fall Damages on .sidewalk landscaping. Refer to City Attorney and Insurance Carrier. Claim for Claim for Damages was filed by Edward C. Newson 'for alleged personal Damages damages. Refer to City Attorney and Insurance Carrier. Summons & Superior Court Summons and Complaint filed by Edward C. Newson Complaint for personal damages. Refer to City Attorney. Ordinance Police Chief Darby requested an ordinance relating to animals re K-9 Animals_ used by the Police Department. Refer to Ways and Means Committee. Consent Agenda MOVED BY TRIMM, SECOND SHANE, APPROVE ABOVE CONSENT AGENDA ITEMS. Approval CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Request for Letter from Shupe Holmberg, P.E. , was read requesting latecomers Latecomers agreement for sanitary sewer connection in the Bel-Shane Addition Agreement to serve the proposed plat of Weathered Wood It . MOVED BY HUGHES, Bel-Shane SECOND ROCKHILL, TO REFER MATTER TO THE UTILITIES COMMITTEE. Addition CARRIED. (Councilman Shane noted for the record he has no connection re the above property. ) OLD BUSINESS Gambling . Councilman Shane noted government tax expires on pull tab machines. Tax MOVED BY SHANE, SECOND TRIMM, REFER MATTER OF VETO IN EFFECT THAT LOOSES THE STATE REVENUE FROM GAMBLING DEVICES WITH IDEA THAT THE CITY WILL TAKE OVER THAT TAX TO PUBLIC SAFETY COMMITTEE. CARRIED. Recess . Moved by Stredicke, Second Shane to recess. Motion failed. Renton City Council 4/7/80 Page 4 Old Business - Continued Community Community Services Committee Chairman Stredicke submitted Services committee report encouraging the administrative staff to make Committee application for Phase II of Renton's bikeway trail (Rainier Phase 2, Bike Avenue corridor) connecting the Rainier Avenue bikeway to the Trail Interurban bikeway in Tukwila providing for funds under the Surface Transportation Assistance Act of 1978. MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. P-1 Channel Community Services Committee report noted Metro opposition to change in P-1 Channel and since council approved an alternate channel for that area, no action is required at this time. MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Request for Community Services Committee report recommended that the Radio Station request, as submitted from Secoma Communications, Inc. , Towers for a 99-year lease of City property in the wetland area east of the Valley Freeway (SR-167) for radio station towers be denied. MOVED BY STREDICKE, SECOND HUGHES, CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Talbot House Councilman Stredicke noted updating of Talbot House Special Special Permit Permit is an adminstrative function. Mayor Shinpoch will check into which division has authority and report back to council . Lakeview Towers Councilman Stredicke inquired re Lakeview Towers Condominium Condominium building permit status. Warren Gonnason, Public Works Director, Building noted meeting sheduled with Lakeview Towers for progress report Permit set for Tuesday, 4/8/80. Public Safety Public Safety Committee Chairman .Hughes submitted committee Cominitee report recommending no changes be made in, the Smoke Detector Smoke Detector Ordinance. MOVED BY STREDICKE, SECOND SHANE, CONCUR IN THE Ordinance COMMITTEE RECOMMENDATION. CARRIED. Sale of OK Public Safety Committee report recommended approval of the Cab Co. OK Cab Company to Mr. Richard T. Pierce. Committee also recommended Taxi Cab Ordinance be revised to establish only two taxicab zones in the City (southwest corner on Wells Ave. South Taxi Cab Code at South 3rd St. and first parking space south of Houser Way on Revision the east side of Wells Ave. So.) referring matter of code revision to the Ways and. Means Committee. MOVED BY REED, SECOND SHANE, TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Prohibiting Public Safety Committee report recommended an ordinance be Overnight adopted prohibiting the overnight parking of all type trailers Parking of designed to be drawn by a motor vehicle except recreation trailers, Certain Trailers and buses and trucks used for business purposes in whole or in part excluding pickup or panel trucks of less than one ton rated capacity in residential areas of the city only. Refer to Ways and Means Committee. MOVED BY REED, SECOND SHANE.,TQ CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Ways and Means Ways and Means Committee Chairman Clymer submitted committee Committee report recommending the matter of the Cabaret Ordinance Cabaret amendment be referred to the Public Safety Committee as an Ordinance additional change has been suggested by the Police- Department. MOVED BY CLYMER, SECOND TRIMM, TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. ' City Clerk's Office: Restrictive covenants which were required as a condition of approval of the attached preliminary plat should be held in the file until the final plat has been approved. The reason they have been submitted is to prove the applicant's intent in meeting the Examiner's conditions, but they should not be filed with King County at the preliminary plat stage. F i o= Thanks, Marilyn dr:_ rc_ • For.Use By City Clerk's Office Only A. I . # ` A.-0 AGENDA ITEM RENTON CITY COUNCIL MEETING x s x SUBMITTING Dept./Div./Bd./Comm. Land Use Hearing Examiner For Agenda Of April 7, 1980 (Meeting Date) Staff Contact Marilyn Petersen (Name) Agenda Status: SUBJECT: File No. PP-453-79; Swanson-Dean Consent X Corp. ; Canyon Oaks - 30 lots Public Hearing Correspondence Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc. )Attach New Business Study Session A. Request for Reconsideration, 3-17-80; Other B. Examiner's Response. 3-19-80 C. Approval : Legal Dept. Yes No N/A X COUNCIL ACTION RECOMMENDED: Approval subject Finance Dept. Yes No. N/A X to restrictive covenants with modifications Other Clearance denoted in the Examiner's response, 3-19-80 FISCAL IMPACT: Expenditure Required $ Amount $ Appropriation- Budgeted Transfer Required $ SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary. ) The Examiner's Report and Recommendation regarding the subject application was transmitted to you on March 11, 1980. On March 17, 1980, a request for reconsideration was received, to which the Examiner responded on March 19, 1980, revising Condition No. 2 of the original recommendation. Due to establishment of a new appeal period to expire on April 2, 1980, the matter will be rescheduled on the City Council agenda for April 7, 1980 for approval of the Examiner's recommendation as amended. r s PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See Page 3 of the Examiner's Report and Recommendation. SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. For.Use By City Clerk's Office Only A. I . # AGENDA ITEM RENTON CITY COUNCIL MEETING = ===== = SUBMITTING Dept./Div./Bd./Comm. Land Use Hearing Examiner For Agenda Of March 24, 1980 (Meeting Date) Staff Contact Marilyn Petersen (Name) Agenda Status: SUBJECT: File No. PP-453-79; Swanson-Dean Consent X Corp. ; Canyon Oaks - 30 lots Public Hearing Correspondence Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc.)Attach New Business Study Session A. Hearing Examiner Report, 3-4-80 Other B. C. Approval : Legal Dept. Yes No N/A X COUNCIL ACTION RECOMMENDED: Approval Finance Dept. Yes No. N/A X _ subject to restrictive covenants Other Clearance FISCAL IMPACT: Expenditure Required $ Amount $ Appropriation- $ Budgeted Transfer Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary. ) The recommendation of the Hearing Examiner regarding the referenced preliminary plat application was published on March 4, 1980, and an appeal period established to expire on March 18, 1980. The report is hereby forwarded to City Council members following the seven day period from the date of publication, and will be scheduled on the City Council agenda for March 24, 1980 (unless reconsidered or appealed) for approval. PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See Page Three of the attached report. SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. s , OF R�� U ., , ,� ° THE CITY OF RENTON _ `/,; Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9,0 q3- o P FRED J. KAUFMAN, 235-2593 9�rFO SEP1.°° April 3, 1980 Mr. Laurence E. Mason Attorney at Law 3701 Seattle-First National Bank Bldg. Seattle, WA 98154 RE: File No. PP-453-79; Swanson-Dean Corporation (Canyon Oaks) Dear Mr. Mason: This is to notify you that the above referenced request has not been appealed within the time period established by ordinance. Therefore, this application is being submitted to the City Clerk for transmittal to the City Council for review and approval on April 7, 1980. You will be notified of all action taken by the City Council at a subsequent date. Sincerely, Fred J. Kaufman Hearing Examiner cc: Planning Department City Clerk For Use By City Clerk's Office Only A. I . 1l AGENDA ITEM RENTON CITY COUNCIL MEETING SUBMITTING Dept./Div./Bd./Comm. Land Use Hearing Examiner For Agenda Of April. 7, 1980 • M(Tetinn Date) Staff Contact Marilyn Petersen (Name) Aoenda Status: SUBJECT: File No. PP-453-79; Swanson-Dean Consent X • Corp. ; Canyon Oaks - 30 lots Public Hearing' Correspondence Ordinance/Resolution • Old Business New Business Exhibits: (Legal Descr. , Maps, Etc. )Attach — Study Session A. Request for Reconsideration, 3-17-80; Other • B. Examiner's Response. 3-19-80 Approval : C. Legal Dept. Yes No N/A X COUNCIL ACTION RECOMMENDED: Approval subject Finance Dept. Yes No. N/A X to restrictive covenants with modifications Other Clearance • denoted in the Examiner's response, 3-19-80 • FISCAL IMPACT: Expenditure Required $ Amount $ Ap'propriation- Budgeted Transfer Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if. necessary.) • The Examiner's Report and Recommendation regarding the subject application was transmitted to you on March 11, 1980. On March 17, 1980, a request for reconsideration was received, to which the Examiner responded on March 19, 1980, revising Condition No. 2 of the original recommendation. Due to establishment of a new appeal period to expire on April 2, 1980, the matter will be rescheduled on the City Council agenda for April 7, 1980 for approval of the Examiner's recommendation as amended. • PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See Page 3 of the Examiner's Report and Recommendation. SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY 'WITH DOCUMENTATION. . \ OF . R4,111 �s o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 o ° BARBARA Y. SHINPOCH. MAYOR • LAND USE HEARING EXAMINER 9A co FRED J. KAUFMAN. 235-2593 0 P March 19, 1980 Laurence E. Mason Attorney. At Law 3701 Seattle-First National frank Bldg. Seattle, WA 98154 RE: File No. PP-453-79; Swanson-Dean Corp. (Canyon Oaks) ; Reconsideration. Dear Mr. Mason: I have reviewed your request for reconsideration and find that the requested change in the condition referring to the open space common areas would accomplish the intended purpose. 'As you indicated, the current version of the covenants can be -modified to incorporate terms which restrict useage of the open space and prevent 1—the—homeowners' association from changing the use thereof. Therefore, the .recommendation which currently reads as follows:. 1. Restrict the construction or erection of structures including but not limited to room additions, fences and sheds on individual parcels; and 2. Restrict the sale or conveyance of any portion of the lands designated for. open space to'preserve the underlying density of the construction of 30 units on 5.5 acres of land. • At the expiration of said covenants either by lapse of time or vote of the homeowners' association but no sooner than 20 years, the land so held shall be dedicated to the City of Renton for use as open space in order to preserve the density requirement of the subject proposal. • Shall be revised to read as follows: 1. . Restrict the construction or erection of structures including but not limited to room additions, fences and sheds on individual parcels; and 2. Restrict the sale or conveyance or change of use of any portion of' the lands designated for open space to preserve the underlying density of the construction of 30 units on 5.5 acres of land. A new appeal period will be established upon publication of this response to expire on April 2, 1980. • Sincerely, ' t.--73, Fred J. K fman Hearing Examiner cc: Parties of Record • A%EL C.JULIN JULIN . FOSSO & SAGE HAROLD C.FOSSO ' ATTORNEYS AT LAW EUGENE H.SAGE JAMES D.MEBRIDE LAU RENCE E.MASON 3701 SEATTLE-FIRST NATIONAL BANK BUILDING RICHARD D.EADIE SEATTLE.WASHINGTON 98154 • RALPH W.ANDERSON 622.3720 M.KATHRINE JULIN March 17, 1980 RECEIVED • CITY OF RENTON HEARING EXAMINER PrlAR 1 71980 AM s�yy PM g s 18191IO11lI�1112t3141516 Mr. Fred J. Kaufman Land Use Hearing Examiner A Municipal Building • 500 Mill Avenue South Renton, WA 98055 Re: Swanson-Dean Corporation (Canyon Oaks) File No. PP-453-79 Dear Mr. Kaufman: In accordance with Section 4-3015 of the Land Use Hearing Examiner Or- dinance, Swanson-Dean Corporation, Applicant, hereby requests reconsideration of the recommendations contained in your report and recommendation to the Renton City Council dated March 4, 1980, File No. PP-453-79. The' last paragraph of your recommendations provides as follows: "At the expiration of said covenants either by lapse of time or vote of the homeowners association but no sooner than 20 years, the land so held shall, be dedicated to the City of Renton for use as open space in order to preserve the density requirement of the subject proposal." Based upon our experience, a provision which requires or suggests that ownership of the common areas could pass from the homeowners association to the City of Renton would operate to substantially impair, if not prohibit, individual home- owner loans. Individual buyers would thus not be able to get financing for acquisition of the units in this subdivision. This would not only create a • substantial hardship for-Swanson-Dean Corporation, but would substantially impair the ability of individual buyers to resell their units if thewshould desire to do so. • We believe that we can eliminate lender concerns regarding the possi- bility of a reverter to the City of Renton and yet insure that the common areas are preserved as open space comun areas, thus maintaining the allowed density of 30 units on 5.5 acres of land. To accomplish this, Article Three of the proposed covenants, conditions and restrictions would be amended. Article Three deals with the transfer and conveyance of the common areas to the homeowners association. We would suggest that Article Throe of the covenants, • • • -2 • conditions and restrictions be .amended to provide as follows: "The Developer hereby agrees that it will convey and quit claim the Common Areas to the Association free and clear of any monetary encumbrances, but subject to other covenants, restrictions and easements of record, in- cluding this Declaration. The deed conveying the Common Areas shall contain the following restriction: The property hereby conveyed shall at all times be maintained as open space common areas and no change in the use thereof • shall occur unless such change of use shall be approved 'by the City of Renton." By placing this restriction in the deed which conveys •the common areas, it thus becomes a matter of record as' a part of an absolute conveyance from the developer • . to the homeowners association. There is no danger that'the restriction will lapse because of a lapse or termination of the covenants, conditions and restric- tions. _ This has the effect of preserving in perpetuity the common areas as open space unless an alternative use may be subsequently permitted by applicable ordinances of the City of Renton. 'We respectfully request that you amend your recommendations as hereinabove set forth. We believe that such an amendment to your recommendations will properly address your concerns regarding preservation of the common areas as open space and will, in like manner, alleviate difficulties which would' be created by the possible dedication of the cammon 'areas to the City of Renton. Thank you very much for your consideration. Your prompt attention to this . request will be greatly appreciated. I am willing, at anytime, to discuss • this matter further with any appropriate representative of-the City of Renton. • • Very truly yours, Laurence E. Mason • TEM_r:bf Fo_ _ _3e .By City Clerk's Office Only A. I . # AGENDA ITEM RENTON CITY COUNCIL MEETING a s ssarc x SUBMITTING Dept./Div./Bd./Comm. Land Use Hearing Examiner For Agenda Of March 24, 1980 (Meeting Date) Staff Contact Marilyn Petersen (Name) Agenda Status: ' • SUBJECT: File No. PP-453-79; Swanson-Dean Consent X Corp. ; Canyon Oaks - 30 lots Public Hearing Correspondence Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc. )Attach• New Business Study Session A. Hearing Examiner Report, 3-4-p0 Other B. C. Approval : Legal Dept. Yes No N/A X COUNCIL ACTION RECOMMENDED: Approval Finance Dept. Yes_ No. N/A X Other Clearance subject to restrictive covenants FISCAL IMPACT: Expenditure Required $ Amount $ Appropriation- Budgeted Transfer Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary. ) The recommendation of the Hearing Examiner regarding the referenced preliminary plat application was published on March 4, 1980, and an appeal period established to expire on March 18, 1980. The report is hereby forwarded to City Council members following the seven day period from the date of publication, and will be scheduled on the City Council agenda for March 24, 1980 (unless reconsidered or appealed) for approval. PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See Page Three of the attached report. SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. • AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King ) , Marilyn..J. Petersen , being first, duly sworn, upon oath disposes and states: That on the 4th day of March , 19 80 , of f iant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. Subscribed and sworn this �- day of to 6v-c1 19 qDo ‘4 . . Notary Public in and for the State of Washington, residing at ' Renton Application, Petition or Case: Swanson-Dean Corp. , Canyon Oaks, PP-453-79 (The riinatea contain a tiAt of the pan. .s oti necand) March 4, 1980 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: Swanson-Dean Corporation (Canyon Oaks) FILE NO. PP-453-79 LOCATION: Located along the east side of Kennewick Place N.E. between N.E. 30th Street and the old Pacific Coast Railroad right-of- way. SUMMARY OF REQUEST: The applicant requests preliminary plat approval of a 30-lot subdivision to allow the division of a constructed Planned Unit Development (File No. F-PUD-280-79; Kennybrook Townhouses) . SUMMARY OF Planning Department: Approval subject to restrictive covenants. RECOMMENDATION: Hearing Examiner: Approval subject to restrictive covenants. PLANNING DEPARTMENT The Planning Department preliminary report was received by the REPORT: Examiner on February 21, 1980. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on February 26, 1980 at 9:25 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department preliminary report. Roger Blaylock, Associate Planner, reviewed the report, and entered the following additional exhibits into the record: Exhibit #1: Application File including staff report and other pertinent documents Exhibit #2: Site Plan Exhibit #3: Restrictive Covenants (unexecuted) Referencing Section L.5 of the Planning Department report which contains language to specifically prohibit expansion or modication of the building, landscaping or fencing on individual lots, Mr. Blaylock noted that specific restrictions exist in Article 10 of the restrictive covenants. He also noted receipt of a memorandum, dated February 26, 1980, to the Planning Department from the Building Division Supervisor, which states that through discussion with the applicant's attorney and the City Attorney, mitigation of previous concerns contained in comments submitted during original review by the Building Division had been accomplished through revision of restrictive covenants. Mr. Blaylock explained that attached single family residences which contain common walls, foundations and roofs must be maintained by the condominium homeowners' association, as specified in the covenants. The Examiner requested testimony by the applicant. Responding was: Douglas West Subdivision Management 16031 119th Place N.E. Bothell, WA 98011 Mr. West, representing the applicant, explained the purpose of submission of the preliminary plat request to obtain mortgage loans which are designated for single family dwellings located on individual lots. He advised that all conditions imposed upon previous approval of the Planned Unit Development (PUD) would remain in effect, but property would be platted to meet criteria of lending institutions. Mr. West indicated that privately owned areas would include the dwelling unit, entrance area, patio and deck, but the majority of the site would be retained under common ownership as proposed in the PUD. An active homeowners' association will be established, he noted, and restrictive covenants for that association will preclude the condominium owner from modifying the original design in any manner. Referencing proposed revisions to restrictive covenants, the Examiner inquired regarding specific articles and sections which serve to preserve and protect common areas PP-43-79 Page Two in perpetuity as required by the underlying zoning to prevent selling of the land by the homeowners' association at a later date, or as a result of 75% of the property owners at any time. Responding to the Examiner's inquiry was: Larry Mason Attorney for Swanson-Dean Corp. 3701 Seattle First National Bank Building Seattle, WA 98154 Mr. Mason advised that prohibition of conveyance of the common areas would be included in articles of incorporation which form the homeowners' association, but to mitigate the Examiner's concerns, prohibition of conveyance could also be included in restrictive covenants. Regarding concerns of the Building Division contained in original staff comments, dated January, 1979, relating to-'fire walls, exterior maintenance and blanket insurance coverage, Mr. Mason indicated that concerns had been addressed in the revised - covenants, and objections of the division had been withdrawn as reflected in the previously referenced memorandum from that division. He advised that further revisions would be made if determined necessary by the City Attorney or the Hearing Examiner. The Examiner requested comments in support or opposition to the application. There was no response. He then requested final comments from the Planning Department staff. Mr. Blaylock clarified that a variance request submitted by the applicant had been withdrawn due to correction of problems through revision of the restrictive covenants. ' The Examiner requested further comments. Since there were none, the hearing regarding File No. PP-453-79 was closed by the Examiner at 9:50 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a +5.5 acre preliminary plat for a 30-lot subdivision which has previously been approved as a Planned Unit Development (PUD) . 2. The Planning Department report sets forth the issues, applicable policies and provisions, and departmental recommendations in this matter, and is entered as Exhibit #1. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, R.C.W. 43.21.C. , as amended, a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. There was no opposition to the proposal expressed. 6. All existing utilities are available and in close proximity. 7. The original proposal was to develop the subject site as a condominium townhouse-type of PUD, and therefore, the provisions and requirements of the Zoning Ordinance are not applicable to the proposed preliminary plat. 8. The applicant has proposed the sale of actual lots along with the dwelling units, and, therefore, pursuant to Section 4-2709(1) , the applicant has applied for a preliminary plat to permit the sale of the indivudal parcels. 9. The sale of individual parcels could enable additional development on each of the separately owned parcels in excess of the underlying zoning and cause crowding. The applicant has submitted a draft of covenants to restore the legal integrity of, the density and open space requirements of the PUD Ordinance. • 10. In order to preserve the required open space required by the previously approved PUD, the applicant has proposed to convey the open space to a homeowners' association. This arrangement would not prohibit the homeowners' association from conveying the commonly owned open space away from the association, again thwarting the underlying density requirements imposed on PUD development. Covenants restricting the sale or conveyance of this common open space will permit the density requirements to be preserved. 11. Construction of the proposed development is well along, with actual building on the site nearing completion. The units will be grouped and clustered in the form of townhouses. The complex is developed in the form of a modified "U"; the center of the "U" is comprised of 'a steep-sided ravine which will be maintained in open space. F_ _53-79 Page Three Slopes in the ravine approach 60%. The areas in which the housing is being developed are generally level. 12. The PUD Ordinance and the Zoning Ordinance are read together in order to determine the permitted density of a parcel of land developed pursuant to the PUD Ordinance. The permitted number of dwelling units may be computed based on the parcel's acreage less a factor for roads, and the units may then be clustered with the remaining acreage left in open space. This had been accomplished and approved through the PUD application. CONCLUSIONS: 1. The preliminary plat will enable the applicant to offer each prospective purchaser a parcel of land to be included with the sale of the actual dwelling unit. This is similar to traditional subdivisions with the exception that there will be common walls between units. The effects of permitting the subdivision of the proposed development will not create or cause any perceivable difference in the use of the property or the effects on adjacent property than those effects created by the overlay of a PUD on the property. 2. The use of restrictive covenants will be required to guarantee the density and open space requirements of both the underlying zoning and the mandates of the PUD Ordinance. Restrictive covenants have been drafted to limit the use of land within each lot to specific purposes in order to provide useable outdoor living space and to avoid crowding lots with room additions or blocking the passage of light and air by fence construction. These covenants will assure that the units will not crowd the lots nor deviate substantially from the requirements of the PUD Ordinance. 3. The issue of the common ownership of the required open space presents a different situation. The homeowners' association maintains control over the use and ownership of these areas. It is possible for the association to convey title to this property and enable further development of these parcels in violation of both the spirit and letter of the PUD Ordinance. In order to maintain the underlying density requirements for this entire parcel, covenants should be executed which prohibit conveyance of these lands or changing the open space status in any way. At the expiration of the covenants by either lapse of time or further agreements of the homeowners' association, the lands comprising the open space should be dedicated to the City of Renton for open space to maintain the density requirements of the 5.5 acre parcel. RECOMMENDATION: The City Council should approve the preliminary plat subject to the execution of restrictive covenants which: 1. Restrict the construction or erection of structures including but not limited to room additions, fences and sheds on individual parcels; and 2. Restrict the sale or conveyance of any portion of the lands designated for open space to preserve the underlying density of the construction of 30 units on 5.5 acres of land. At the expiration of said covenants either by lapse of time or vote of the homeowners' association but no sooner than 20 years, the land so held shall be dedicated to the City of Renton for use as open space in order to preserve the density requirement of the subject proposal. ORDERED THIS 4th day of March, 1980. A-IAJ Fred J. Ka an Land Use He ring Examiner TRANSMITTED THIS 4th day of March, 1980 by Affidavit of Mailing to the parties of record: Douglas West, Subdivision Management, 16031 119th Place N.E. , Bothell, WA 98011 Larry Mason, 3701 Seattle First National Bank Bldg. , Seattle, WA 98154 PP-453-79 Page Four TRANSMITTED THIS 4th day of March, 1980 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Michael Hanis, Planning Commission Chairman Ron Nelson, Building Division Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before March 18, 1980. • Any aggrieved person feeling that the decision of the Examiner is 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 review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon 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 goberned by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. 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I.,,,.. •., .. : . . 1 i SWANSON-DEAN CORPORATION (CANYON OAKS) . .ii 1 PP-453-79. 1.1 1 1 q . 4. . . 0 )1• ,,, • J ';,........„.,ffk.,........ .1.7rIfIrd•=f1tratit===.41kftrVerka...1.1,,V..,14,741.8,1,3nsenigtaap.,-Miraincabrarmarmcnnt.rt.notamagr,....annamosamusamcgratnassprmmurrs.4...mmenxtueentexinursosorrwronvannvw=svas,inmixtwemmor...1,5:aravlsrnatmfiln:,:n.,... i APPLICANT Swanson-Dean Corporation TOTAL AREA Api)rox 5 . 5 acres....____ .......... PRINCIPAL ACCESS Via Kennewick Place NE ...,_. ...._ ........._...... .. i EXISTING ZONING R-1 , R-2, SR-2 ........ 5 • EXISTING USE ---- 30-unit townhouse style/cohdominum complex on site il i PROPOSED USE All subdivision of previously approved PUD • g g ..._....._ — fi t COMPREHENSIVE LAND USE PLAN Medium density multiple family ; greenbelt ; _ _ single family residenti6T--- P COMMENTS 11 ____ • -- _ ii - — - 4 ,t1 I.- I . 141,4•••"7=====nr.zumnsa===.••=c7-...“,.. .musy.v.4-tormatvatmtimItamtemsanclig•=0.1544,0======r-zr...r.,===."Dircatat=s1=0150•ZazITANtsmtazmultratmr.....gatsr.4===ttemnrarzse,tut=ttytrto,...rmasrarmyttmemtit . ; ",,77:---'.'":....'•:.::...............•'?".T:A:Tffl•.:"....".`r?' .'''.."1-.''''''::-.:V.:•.....7:5.7.77":•"'-',PTP.::•".'Y':,....;.:.772......7.-;_.„._\,•-• .,- *:-..':'•.. --- :,,,,r, - •-••••-•,,,;,,,—,...- ----• --Li • . . . ,,. , . .. • ::•••••• . • . • , . . • •. . ... . • . , • . . • ! e. . • • • . 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'. i.s. `; ,.',,..;•.,,,.".••:•., . , . . ,.,) ., i: 1 :; c ‘;( 1—If:,' . . .,...., ; 1 ' .'•''." : i ,' ''.i .-:. ;,. ,,' 4: ''. i".: -1:1-:'.'•,. .. :,;::-..';.; .., ti :- -.,... ,,,: -,..; ,:', ''.'. .'.,', ,,v, ,*i•''•'••••''• . .• . , , ..„-: . ,, '.;, :::! ;'); .., :' :.• Z' .i ',.. ,.'. --,/ . , • . . . . .. _ .-- . • .— : OF R�� m� '"' ; O PUBLIC WORKS DEPARTMENT '.A t:, }_ BUILDING DIVISION 235 -2540 o�11 Z a o 00 ® � �I' czwr: MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 • 0 447. SF ‘40' February 26, 1980 BARBARA Y. SHINPOCH MAYOR TO: Planning Department FROM: Ronald G. Nelson Building Division Supervisor SUBJECT: Swanson-Dean Project 2900-2958 Kennewick Place N.E. Comments were made by this Division to the Planning Department about the subject project and our concern with certain fire wall construction. We discussed this with the City Attorney's office and with Laurence Mason, attorney for Swanson-Dean. Through this discussion additional covenants were drawn up and approved by the City Attorney and the Building Division which satisfied the comments made in our original review to the Planning Department. RGN/mp RECEIVED - - _ - - :CITY OF RENTON - HEARING EXAMINER - FEB261980 AM PM 718i9r10111112t 1 r213r4,5r6 • EXHIBIT 1 N J. 3 RECEIVED • CITY o.F RENTON ITEM . NO. P1 - i/5 5- 79 • HEARING EXAMINER F E B 2 6 1980 DECLARATION OF COVENANTS, CONDITIONS AM PM AND RESTRICTIONS 718191101111121112i3141516 FOR • • CANYON OAKS THIS DECLARATION, made by the Developer, who is the owner of certain Properties situated in the State of Washington, County of King, described on Exhibit 1, hereto attached, hereby covenants, agrees and declares that all of said Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants, conditions, restrictions, ease- rents and reservations, all of which are for the purpose of enhancing and pro- tecting the value, desirability, and attractiveness of said Properties for the benefit of all of said Properties and the owners thereof and their heirs, suc- cessors and assigns. These covenants, conditions, restrictions, easnts and • reservations shall run with the said Properties and shall be binding on all parties having or acquiring any right, title or interest in the Properties or any part thereof, and shall inure to the benefit of each owner thereof. Accept- ance of an interest in a Lot shall be deemed acceptance of the terms and provi- sions of this Declaration. ARTICLE ONE • Definitions • For purposes of the Declaration and the Articles and Bylaws of the Associa- tion certain words and phrases have particular meanings which are as follows: 1. "Association" shall mean the Canyon Oaks Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 2. "Cannon Areas" shall mean those portions of the "Properties" owned or to be owned by the Association for the common use and enjoyment of Association. Members. 3. ' "Declaration" shall Tan this Declaration of Covenants, Conditions and Restrictions. • 4. "Developer" shall mean Swanson-Dean Corporation,' or a person or entity • to which' it assigns its rights as Developer. • • 5. "Housing Unit" shall mean the residential buildings and garages oc • - cupying a Lot. • 6. "Lot" shall mean those Lots shown on the plat of Canyon Oaks recorded in Volume of Plats, pages , Rebords of King County, Washington. • 7. "Member" shall mean every person or entity that holds 'a membership in the Association. 8. "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, abut excluding those having such interest merely as secu- rity. A real estate contract purchaser shall be deemed the Owner. 9. "properties" shall mean the real property described on Exhibit 1 at- tached hereto. ARTICT r '1W) Management of Common Areas and Enforcement of Covenants, Conditions and Restrictions Upon the recording with the King County Recorder of the Developer's deed conveying the Common Areas to the Association, the Association shall have the sole authority and obligation to manage and administer the Common Areas and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations, as initially adopted, or as the same may hereafter be amended, and all the authority granted to the Association by this Declaration, either directly or by necessary implication. Prior to conveyance of the Common Areas to the Association, the Developer shall appoint three persons to act in the capacity of an interim Board of Di- rectors of the Association. Said persons shall function in this capacity until their successors are elected and qualified. Not more than ninety (90) days following the appointment of said Board of Directors by the Developer, said Board of Directors shall give written.notice to all Owners of the date, place and time at which a meeting of the Owners will be held. The notice shall specify that the purpose of the meeting is to elect new officers and directors of the Association. Notwithstanding any other provision of the Articles or Bylaws of the Association to the contrary, for purposes of this meeting, those Owners present in person or by proxy shall constitute a quorum. The Board of Directors and the officers of the Association shall be elected by a majority vote of the Owners present in person or by proxy at said meeting. The Board of Directors appointed by the Developer may be re-elected as directors of the Association. ARTICLP THREE Transfer of Common Areas to Association The Developer hereby agrees that it will convey and quit claim the Common Areas to the Association free and clear of any monetary encumbrances, but subject to other covenants, restrictions and easements of record, including this Declaration. ARTICLE E FOUR Membership Every person or entity who is an Owner of any Lot, shall become a Member of the Association. Membership shall be appurtenant to and may not be separated float ownership of any Lot. All Members shall have rights and duties as speci- fied in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FIVE Voting Rights Members shall be entitled to one vote for each Lot omed. When more than one person or entity owns an interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. ATICLE SIX Property Rights in Ccarrnon Areas Every Member shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and upon the ,Common Areas owned by the Association which rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: (a) The right of the Association to limit the number of guests of Members, and to adopt rules and regulations; (b) The right of the Association to exclusive use and management of said Common Areas for utilities such as pumps, pipes, wires, conduits, and other utility equipment, supplies and material; (c) The rights reserved to the Developer in the Declaration; (d) The other restrictions, limitations and reservations contained or pro- vided for in the Declaration and the Articles and Bylaws of the Association. ARTICTP, SEVEN Maintenance and Carrron Expenses Section One: The Association and/or i; duly designated representative shall maintain the Common Areas, the roofs and exteriors of Housing Units, ex- cept the windows of Housing Units, and shall provide such additional common main- tenance as the Board of Directors of the Association shall, from time to time, determine to be in the best interests of the Association and the Owners. Section Two: The Association shall maintain all property for which it is • responsible in the same condition as a reasonably prudent homeowner would main- tain his own home so that the entire development will reflect a high pride of ownership. Except for common maintenance provided by the Association, all main- tenance of Housing Units shall be the sole obligation of the Owner. • Section Thiee: Certain expenses shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Cu[u[un Expenses. The Coiuun Expenses shall be paid b_y the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Cannon Expenses shall include, but shall not be limited to, the following: (a) The expense of maintaining the Common Areas; (b) The real property taxes upon the Common Areas; (c) The cost of maintaining all required insurance coverage; (d) The cost of any repairs or replacement of the Cu uiun Areas; (e) Utility charges attributable to the Common Areas owned by the As- sociation; (f) The expense of maintaining the roofs and exteriors of the Housing Units, together with the expense of providing other common maintenance; (g) The expense in an- amount necessary for the establishment and main- tenance of a reserve for repairs, maintenance of the Common Areas, common main- tenance of Housing Units, taxes and other charges, including insurance premiums which it shall be necessary for the Association to pay; and • • (h) Any other expense which shall he designated as a Common Expense in the • Declaration or, fium time to time, by the Association. ARTICT.E EIGHT Assessments Section One: Each Lot shall be subject to monthly assessments or charges and certain special assessments in an amount to be determined by the Association. Monthly assessments shall commence on the first day of the month following the date upon which the deed conveying the Common Areas to the A.,ssociation is re- corded, and shall thereafter be due and payable on the first day of each suc- ceeding calendar Eunth. Section Two: The Board of Directors of the Association, shall determine ' the amount of monthly assessment necessary to pay Common Expenses. The amount - - - of monthly assessm.int may be increased or decreased periodically as may be - . necessary from time to time to properly provide for payment of the Common Ex- penses. The amount of such monthly assessments shall be equal for all Lots. Section Three: The Association shall, upon written demand, furnish a cer- • tificate in writing, setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Section Four: In addition to the monthly assessments authorized above, the Association, by and through its Board of Directors, may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected . repair or replacement of facilities in the Can Areas, including the necessary fixtures and personal property related thereto. ARTI1 F NINE Collection of Assessments, Enforcement of Declaration, • . Attorney's Fees and Costs Section One: All assessments, together with interest thereon and cost of collection thereof, as herein provided, shall be a charge on the land and will be a continuing lien upon the Lot against-which each such assessment is made. Said lien shall.have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Section Two: If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at the rate of twelve (12%) per cent per annum. Each Member hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Meember personally for the collection of such assessu nts as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the •Asso- ciation in like.manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power•of sale in connection with such liens. The liens provided for in this section shall be in favor of the Associ- ation, and shall be for the benefit of the Association. The Association shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the sane. In the event the Asso- ciation employs an attorney to enforce said liens, or the collection of any amounts due, or to enforce compliance with or specific performance of the Articles or Bylaws of the Association, rules or regulations adopted by the• Association, or the provisions of the Declaration, the prevailing party in said action shall be entitled to the award of reasonable attorney's fees and costs incurred. Section Three: In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association,- or the Declaration for a period of thirty (30) days, said Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Metbers as may be provided in the Articles, Bylaws, or Declaration. ARTICLE TEN • Building, Use and Architectural Restrictions Section One: The Developer hereby reserves for itself, its successors and assigns, the right to exercise any and all powers and controls herein given to the Board of Directors or its authorized representative in this Article of the Declaration. Said reserved right shall automatically terminate when the Developer no longer owns any Lot, or at such earlier time as said reserved right is relin- quished to the Board of Directors of the Association. Each Lot shall be subject to this reserved right in the Developer and each Owner shall take subject thereto. Section Two: Except as to construction, alteration, or improvements per- formed by the Developer, no building, structure or other improvement shall be erected, placed, or altered on any Lot until the building plans, specifications and plot plan showing the nature, kind, shape, height, materials and location of such building, structure or other improvement have been submitted and ap- proved in writing by the Board of Directors of the Association or its authorized representative. In like manner, no fences, hedges or walls shall be erected or altered and no exterior changes of any kind shall be made to any building in- cluding, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. If the Board of Directors, or its authorized representative, shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required items to the Board of Directors, or its authorized representative, the Owner may proceed with the proposed work not- withstanding the lack of written approval by the Board of Directors or its authorized representative. Section Three: No trailer, recreational vehicle, basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary character erected or placed on the Properties shall at any time be used as living quarters except as hereinafter specifically authorized. Section Four: No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to other Lot Owners. Section Five: No animal, livestock or poultry of any kind shall be raised, bred, or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Section Six: No sign of any kind shall be displayed to public view on any Lot, except upon written approval of the Board of Directors, its authorized representative, or Developer as herein provided. Section Seven: No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall incline, without limitation, laundry hanging or • exposed in view for drying; litter, trash, junk or other debris; inappLopriate, broken, damaged or ugly furniture or plants; nondecorative gear, equipment, cans, bottles, ladders, trash baLLels and other such items; and no awnings, air conditioning units or other projections shall be placed on the exterior walls of any Housing Unit unless prior written approval shall have been obtained as pro- vided in the Declaration. Section Eight: No radio or television antenna or transmitting tower shall be erected which exceeds 5 feet in height above the roof ridge line of a Housing Unit, no separate towers therefore shall be permitted except upon written approval of the Board of Directors or its authorized representative as hereinabove provided. Section Nine: Except as hereinafter expressly provided, the Cannon Areas and/or streets located on the Properties shall not be used for the overnight parking of any vehicle other than private family automobiles and no boat, boat trailer, house trailer, camper; truck or other recreational vehicle or similar object, or any part thereof, shall be stored or permitted to remain on any Lot, or the Coiurun Areas, or on any part of the Properties, unless the sd1Le is stored or placed in a garage. Notwithstanding the foregoing, Lot Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle, may secure written permission from the Board of Directors or its authorized representative, for said guests to park said vehicle upon the Lot owned by said Lot Owner or the public street adjacent to said Lot for a period of up to two weeks. Said privilege shall only exist, however, after the written Permission has been obtained from the Board of Directors or its authorized representative. The Board of Directors or its authorized representative shall give written notice of a violation to the Lot Owner or occupant and said Lot Owner or occu- p1_nt shall have ten (10) days from the date of receipt of said written notice to take whatever actions are necessary to remedy said violation. If said Lot Owner shall not comply within said ten-day period, the Board of Directors or its authorized representative is hereby granted the right to remove at the expense of the owner thereof, any boats, trailers, campers, trucks, recreational ve- hicles, or similar items which are parked or stored in violation of the terms and provisions hereof. Said Lot Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of removing said boats, trailers, campers, trucks, recreational vehicles, or similar items which are parked or stored in violation of the terms and provisions hereof. Section Ten: In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns so long as it owns any Lot, the right to main- tain upon the Properties such facilities as in the sole opinion of the Developer are required, convenient or incidental to the construction and sale of Housing Units or Lots, including a business office, storage area, construction yards, signs, model units and sales office. • ARTICLE ELEVEN • Easements Section One: Each Lot and the Common Areas shall be subject to an easement for encroachments created by construction settling and overhangs. There is hereby created, granted and conveyed to any utility company which may provide services to the Properties, its successors and assigns, a non-exclusive easement over, under, upon and across the Properties for the purpose of the installation, operation, maintenance and repair of their respective facilities; provided, however, all said utility companies providing services to the Properties, their successors and assigns, shall give notice in writing three (3) days' prior to making any installation, performing any maintenance or making any repair of their respective facilities to the Association, which notice shall specify the nature and location of the work to be performed; provided further, said notice shall not be required for the making of emergency repairs. By virtue of this easement it shall be expressly permissible for the providing utility company to erect equipment on the Properties and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and-under the roofs and exterior walls of Housing Units. This easement must be used in such manner as to minimize inconvenience to the Owners and damage to existing structures. Said utility companies shall, at their own expense, repair any damage and restore the Properties to as good a condition as they were prior to the performance of said work by said utility companies. Each Owner agrees not to place locks on struc- tures enclosing utility meters or.to in any manner interfere with the ability of utility representatives to have access to said meters at all times. Section Two: There is no easement of view, light, or air expressed or implied from the terms and provisions of this Declaration over, upon or across any portion of the Properties. ARTICT E TWELVE • .Mortgagee Protection Section One: As used in this Article, referents to 'mortgage or rrortgages shall be deemed to include deeds of trust. Section Two: Notwithstanding and prevailing over any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each holder of a mortgage given for the purpose of ob taining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Three: The holder of a mortgage entitled to the protection i ereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, - restriction, regulation, rule, Association Article of Incorporation or Bylaw, or .management agreement, except for those matters which are enforceable by in- junctive or other equitable actions, not requiring the payment of money, except as hereinafter provided. , • • Section Four: During the pendency of any proceeding to foreclose said mortgage, the holder of said mortgage or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including • but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Five: At such time as said mortgagee shall become entitled to pos- session of the Lot, said mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, said mortgage shall acgii re the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declara- tion which secure the payment of any assessment for charges accrued prior to the date said mortgagee became entitled to possession of the Lot. Section Six: If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a cormm expense of. other Lots. Any such unpaid assessikent shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the As- sociation. ARTICLE .LHIRa tN Management Contracts Each Member hereby agrees that the Association may enter into such agree- nents for the performance of any or all of the functions of the Association with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer, sponsor or builder, must provide for termination by either party • without cause or payment of a termination fee on ninety (90) days, or less, written notice and the maximum contract term shall be three (3) years. ARTICLE FOURTEEN • Insurance • Section One: The Association shall have the authority to and shall obtain a policy or policies of fire insurance with extended coverage endorsement for the full insurable replacement value of the Canon Areas and each of the Housing Units located on the Properties. Said policy o7policies shall provide for separate protection for each Housing Unit and the Owners thereof to the full, insurable replacement value thereof, and shall contain a separate loss payable endorsement in favor of the mortgagee or nurtgagees of each Housing Unit, if any. Such insurance coverage shall be written in the name of the Developer, until the Cannon Areas are conveyed to the e Association, and thereafter in the name of the Association, or the-Board of Directors thereof, as trustee for each of the Owners. Premiums shall be Common Expenses. The insurance coverage so • obtained shall be reviewed not less than every two years to insure that the policy limits are in the amount of the full insurable replacement value of the property covered. Provision for such insurance shall be without prejudice to the rights of each Owner to insure his own Housing Unit and/or the personal contents thereof for his benefit. However, the policy or policies obtained in accordance herewith shall not insure the personal property of Owners contained in any Housing Unit. It is the responsibility of the individual Owners to pro- vide for coverage of personal property located in Housing Units. Section Two: The Association shall have authority to and shall obtain a policy or policies insuring the Association, Owners and the Developer so long as the Developer shall retain any interest in the Properties, against any liability incident to the ownership or use of Common Areas, Lots and Housing Units. Coverage under such policy or policies shall not be less than $200,000 for any one person injured, $500,000 for any one accident and $50,000 for property damage. • Section Three: The Association shall provide copies of all insurance policies 'obtained by it for the benefit of Owners as herein required. The As- sociation may charge a reasonable foe for copying or duplication of said in- surance coverage information. Section Four: In the event of the damage or destruction of property covered by insurance obtained as herein required, the Association shall, upon receipt of the insurance proceeds, contract to rebuild or repair the damaged or destroyed portions of the Properties to as good a condition aq they weLe when the loss . occurred._ The Association may contract with any licensed contractor for recon- struction or rebuilding of such damaged or destroyed portions of the Properties. • ARTICLE FIFTEEN Rules and Regulations The Association and/or its Board of Directors is hereby authorized and empowe ed to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof. All Lot Owners shall be given written notice of said rules and regulations and said rules and regulations shall be posted in a conspicuous place on the Comvon Areas. ARTIC'TE SIXTELN Remedies and Waiver • Section One: The remedies provided herein for collection of any assessment or other charge or claim against any Me ber, for and on behalf of the Associa- tion, or Developer, 'are in addition to, and not in limitation of, any other -remedies provided by law. - Section Two: The failure of the Association or the Developer or of any of their duly authorized agents or any of the Owners to insist in any one or more • • • • instances upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right ,or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regu- lations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of said Board of Directors. • ARTICLE LE SEVENTEEN Benefits and Burdens Run with the Land The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns. After the date on which the Declaration has been recorded, these covenants, restrictions, reservations and conditions may be enforced by the Association or Developer which shall have the right to enforce the same and expend Association monies in pursuance thereof, and also may be enforced by the Owner of any Lot. ARTICLE EIGHTEEN Party Walls In addition to meeH ng the other requirements of the Declaration and of any Building Code or similar regulations or ordinances, including particularly • requirements imposed by the City of Renton, any Owner proposing to modify, make additions to, or rebuild his Housing Unit in any manner which requires the extension, alteration or any modification of any party wall, shall first obtain the written consent of the Board of Directors or its designated repre- sentative, and shall, in addition, obtain all required permits and approval from the. City of Renton. ARTICLE NINETEEN Federal Home Loan Mortgage Corporation (FHL C) Protection and Federal National Mortgage Association (FNMA) Protection The following provisions are included to assure compliance with the FHLMC and/or FNMA rules, regulation and warranty requirements. Section One: A first mortgagee, upon request, shall he entitled to written - - . notification fLUm the Association, or the Board of Directors thereof, of any default in the performance by an Owner of any obligation under the PUD consti- tuent documents which is not cured within sixty (60) days. • • • Section Two: Unless all first mortgagees or purchasers of first mortgages shall have given their prior written approval, the Association shall not be entitled to: (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer real estate or improvements thereon which are owned, directly or indirectly, by the Association for the benefit of Lot Owners; provided, however, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Properties shall not be deemed a transfer within the meaning of this clause; (b) change the method of determining the obligations, assessments, dues or other charges which may be levied against Lots and Lot Owners; (c) by act or omission change, waive or abandon any scheme of regulations, - or enforcement"thereof, pertaining to the architectural design or the exterior appearance of Housing Units, the exterior maintenance of Housing Units, the maintenance of party walls, can fences and driveways or the.upkeep of lawns and plantings on the Properties; (d) fail to maintain fire and extended coverage on insurable portions of the Coiwun'Areas on a current replacement cost basis in an amount not less than one hundred (1000) per cent of insurable value based on current replacement cost; (e) use hazard insurance proceeds for losses to any of the Common Areas for other than the repair, replacement or reconstruction of improvements located • thereon; (f) alienate all or any portion of the Common Areas; (g) amend the Declaration to change the ratio of assessments against Lot or Housing Unit Owners. Section Three: First mortgagees or purchasers of first mortgages on Hous- ing Units may, jointly or singly, pay taxes or other charges which are .in de- fault and which may have or become a charge against any Common Areas and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Areas and first mortgagees or the purchasers of first mortgages making such payments shall be owed immediate reimbursement therefor from the Association. Section Four: In the event all or any portion of the Common Areas are acquired by condemnation or under threat of condemnation, the condemnation award shall be utilized by the Association to acquire, to the extent possible, compar- able replacement facilities. In the event the Association is unable to obtain corrpara.ble replacement facilities within a period of nine (9) nunths from the date the Association received the condemnation award or monies paid to the Association under threat of condemnation, the Association shall pay jointly to any Lot Owner and the mortgagee holding the mortgage on said Lot, if any, a pro • rata share of said condemnation award or monies received attributable to said Lot. The pro rata share of said condemnation award or monies received shall be determined by dividing the total amount of the condemnation award or monies received by the total number of Lots. The resulting sum shall be the pro rata share attributable to -each Lot and the Owners and mortgagees thereof. Section Five: First mortgagees shall have the right to examine the books and records of the Association, or any successor thereto, which owns all or any portion of the Common Areas. Section Six: As used in this Article Nineteen of the Declaration, the term mortgage shall include deed of trust, mortgagee shall include beneficiary of a deed of trust, and mortgagor shall include grantor of a deed of trust. ARTICLE TWENTY Reservation of Right to Amend to Coulily with FHLMC or FNMA. Requirements The Developer hereby reserves the right to aILnd the Declaration from time to time as may be necessary to comply with FHLMC or FNMA regulations or require- meents or if such amendment is necessary to enable the holders of first mortgages or deeds of trust to sell said first mortgages or deeds of trust to FHIMC or ' FNMA, or if such amendment is necessary to secure funds or financing provided by, through or in conjunction with FEEMC or FNMA. Said reserved right to amend the Declaration shall exist so long as the Developer retains the ownership of . any Lot. • If the Developer, at its option, determines that it is necessary to so amend the Declaration, the Developer, on behalf of all Lot Owners, is hereby authorized to execute and to have recorded said required amendment or amend- ments. All Lot Owners hereby grant to the Developer a full and complete power of attorney to take any and all actions necessary to effectuate and record said amendment or amendments and agree that said amendment or amendments shall be binding upon their respective Properties and them and their respective heirs, personal representatives, successors and assigns to the same extent as if they had personally executed said amendment or amendments. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed coupled with an interest and shall be irrevocable. The terms and provisions of this Article of the Declaration shall control over any inconsistent provision contained in Article Twenty-One, Section Six, of the Declaration. ARTICLE TWENTY-ONE General Provisions Section One: The singular wherever used hetei_n shall be construed to aeon --- the plural when applicable, and the necessary grammatical changes required to -- make the provisions hereof apply either to corporations or individuals, men or . women, shall in all cases be assumed as though in each rase fully expressed. • Section Two: The invalidity of any one or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if such invalid phrase, sentence, clause, . paragraph, or section had not been inserted. Section `.Three: These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years from the date hereof. Thereafter, they shall be deemed to have been renewed for succes- sive terms of ten (10) years, unless revoked or amended as hereinabove provided. Section Four: In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Five: In the event the Association employs an attorney to enforce any provision of the Declaration, the Articles or Bylaws of the Association, or rules and regulations adopted by the Association, the prevailing party in said action shall be entitled to the award of reasonable attorney's fees and costs incurred in said action. Section Six: Except as provided in Article Twenty of the Declaration, the Declaration may be amended by an instrument executed by the President and Secre- tary of the Association for and on behalf of the Lot Owners. The Association is hereby authorized to record or to cause to be recorded said instrument. The Association shall only be authorized to execute and record said amendment on behalf of Lot Owners after said amendment shall be approved by a vote of the Lot Owners having seventy-five (75%) per cent of the total votes. Votes shall be cast by written ballot either in person or by proxy at. a meeting duly called for • such purpose, written notice of which shall be sent to all Lot Owners not less than ten (10) days nor more than fifty (50) days in advance of said meeting. All Lot Owners may also vote by executing a docent in writing consenting to the said amendment which written consent may be submitted either prior to or within one hundred twenty (120) days following the date of said mooting. All Lot Owners hereby grant to the Association a full and complete power of attorney to take any and all actions necessary to effectuate and record said amendment and agree that said amendment when authorized and recorded as provided in this Article shall be binding upon their property and them and their respective heirs, personal representatives, successors and assigns to the same extent as if they had personally executed said amendment. All Lot Owners hereby acknowledge and agree that_ the power of attorney herein granted shall be deemed coupled with an interest and -shall be irrevocable. Section Seven: Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Associa- tion shall be deemed properly given if mailed by ordinary mail to the last address furnished to the Developer or the Association, and said notices shall be deemed given when deposited in a United States Post Office. In the event there shall be more than one Owner of any rot, notice to any one of said Owners shall be deemed notice to all Owners. DATED this day of , 1980. • SWANSOJ-DEAN CORPORATION • P. Edward Dean, Jr. , President • STA'ft OF WASHINGTON ) • SS. COUNTY . OF KING ) On this day of , 1980, before me, the un- dersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared P. Edward Dean, Jr. , President of Swanson-Dean Corporation, the corporation that executed the foLegoing instrument, and acknowl- edged the said instrument to be the free and voluntary act and deed of the said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS rry hand and official seal hereto affixed the day and year.in this certificate above written. Notary Public in and for the State of • Washington, residing at RECEIVED CITY OF RENTON HEARING EXAMINER IPH_ANtNll< 1l ,ff WIPI4IIRTIPIIWNII F E B 2 61980 AM PM. PRELIMINARY REPORT Ull THE HEARING EXAMINER 71819110,11112111213141516 PUBLIC HEARING 11 FEBRUARY 26 , 1980 EXHIBIT NO. f ITEM NO. PP- 45-3 - 79 APPLICANT : SWANSON DEAN CORPORATION (Canyon Oaks ) FILE NUMBER : PP-453-79 A. SUMMARY Y 4 PURPOSE(POSE OF REQUEST: The applicant requests preliminary plat approval of a 30-lot subdivision to allow the division of . a constructed Planned Unit Development . B . GENERAL INFORMATION: 1 . Owner of Record : SWANSON DEAN CORPORATION 2 . Applicant : SWANSON DEAN CORPORATION 3 . Location : ( Vicinity Map Attached ) Located along the east side of Kennewick Place N .E . between N . E . 30th and the old Pacific Coast Railroad right-of-way . 4. Legal Description : A detailed legal description is available on file in the Renton Planning Dept . 5 . Size of Property : Approximately 5 .5 acres . 6 . Access : Via Kennewick Place N .E . • • 7 . Existing Zoning : . R-1 , Residential Single Family ; R-2 , Residential Two Family , minimum lot size 7200 sq . feet ; SR-2 , Residential Two Family, . minimum lot size 10 , 000 square feet 8 . Existing Zoning in the Area : G , General Classification District ; GS-1 , General Classification District ; G-7200 , General Clasrlifi- cation District ; B-1 , Business District 9 . Comprehensive Land Use Plan : Medium density , multiple family , greenbelt , and single family residential PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER • PUBLIC HEARING : SWANSON DEAN CORPORATION , PP-453-79 FEBRUARY 26 , 1980 PAGE TWO . 10 . 'Notification : . The applicant was . notified in writing of the hearing date . Notice was properly published in the Seattle Times on February 13 , 1980 and posted in three places on or near the site as required by City Ordinance on February 15 , 1980 . C . HISTORY/BACKGROUND: The majority of the site was annexed into the City by Ordinance No . 2292 on November 30 , 1966 . The westerly portion of the site was annexed into the City on an earlier date by Ordinance No . 1835 ( June 23 , 1960 ) . The property was rezoned to the present classifiction by Ordinance No . 3194 on January 23 , 1978 . Preliminary P .U .D . approval was granted by the Hearing Examiner on July 28 , 1978 and by the City Council on August 28 , 1978 . Final P . U .D . approval was granted on March 19 , 1979 by the City Council . D . PHYSICAL BACKGROUND: 1 . Topography : The westerly one-quarter of the subject site is relatively level as is the area within the old Pacific Coast Railroad right-of-way on the southerly portion of the property and the area immediately around the existing single family residence located inthe easterly 1/3 of the property . A steep ravine extends from north to south in the mid-portion of the property . The majority of the slopes within the northerly and easterly portions of the site are approximately 60% . The steep hillside should be retained as greenbelt as part of site development . 2 . Soils : Indianola loamy fine sand ( InCO , permeability is rapid , available water capacity is moderate , run- off is slow to medium , and erosion hazard is slight to moderate . This soil is used for timber and for urban development . 3 . Vegetation : The majority of the site is heavily wooded with significant evergreen and deciduous trees as well as typical northwest woodland tyle shrubs and vegetation . 4. Wildlife : The existing vegetation on the site may provide some suitable habitat for birds and small mammals . 5 . Water : The existing ravine cutting through the middle of the site contains a year-round stream which would eventually flow into Mey Creek located north of the site further within the ravine area . 6 . Land Use : There is presently 30-townhouse style units/condominiums under construction on the subject site . The proposed King County May Creek Park is located north and east and also within a portion of the Pacific Coast Railroad right-of-way east and south of the subject site . There are existing single family residences located south of the subject PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : SWANSON DEAN CORPORATION , PP-453-79 FEBRUARY 26 , 1980 PAGE THREE site along Kennewick Place N . E . and other single family residences in the vicinity of N .E . 27th . Street approximately 1/4 mile south of the subject site . Kennydale Elementary School is located across Kennewick Place N . E . west of the site and an existing Exxon gas station is located west of the site on the north side of N . 30th Street . The existing freeway interchange for FAI-405 is located just west of the subject site a distance of approximately 300 feet . May Creek is located directly north of the subject site within the ravine area . E . NEIGHBORHOOD CHARACTERISTICS : The area i.s characterized by a mixture of single family residences , public uses , businesses and park and greenbelt uses together with undeveloped area . F . PUBLIC SERVICES : 1 . Water and Sewer : A 12" water main is located along Kennewick Place N . E . A 12" sewer main is located at the corner of N .E . 28th Street and Kennewick Place N .E . An existing 18" storm sewer is located along the north line of track 56 and a 15" storm sewer is located along Kennewick Place N . E . 2 . Fire Protection : Provided by the Renton Fire Dept . , per ordinance requirements . 3 . Transit : Metro Transit Route #142 operates along Kennewick Place N .E . 4. Schools : The site is directly across the street and east of the Kennydale Elementary School , is within one mile of McKnight Junior High School , and within 2 miles of Hazen High School . 5 . Recreation : The subject site is directly adjacent to the King County-May Creek Park ' and is directly across the street from certain open space and recreation area provided by the Kennydale Elementary School . Kennydale Lions Park is located approximately 1/2 mile south of the subject site . GI APPLICABLE SECTIONS S OF THE ZONING ING CODE: 1 . Section ,4-705 ; SR-2, Suburban Residence District. 2 . Section 4- 706 ; R-1 , Residence Single Family . 3 . Section 4-708 ; R-2 , Residence Distreict , H . . APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER (@IFIF(FIIrCII,�1lL CT IV D DCUMEN • 1 . Land Use Report , 1965 ; Residential , page 11 , and Objectives , pages 17 and 18 . 2 . Policy Statement , Comprehensive Plan , Renton Urban Area , 1965 ; Summary, pages 9 and 10 . 3 . Subdivision Ordinance , Section 9-1105 , Preliminary Plat Requirements . I . IMPACT ON THE NATURAL OR HUMAN ENVIRONMENT : 1 . Natural Systems : Minor . 2 . Population/Employment : Minor . 3 . Schools : Minor . 4. Social : Minor . • PLANNING DEPARTMENT FRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : SWANSONDEAN CORPORATION , PP-453-79 FEBRUARY 26, 1980 PAGE FOUR 5 . Traffic : Minor . J . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: : Pursuant to the City of Renton ' s Environmental Policy Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43-21C , a negative declaration of environmental impact was issued for the P .U .D . proposal . . This declaration covered the physical development of the site . The requested subdivision of the site is a legal action without any actual physical development . I Therefore , the original negative declaration is still applicable . • K . AGENCIES/DEPARTMENTS CONTACTED : la City of Renton Building Division . 2 . City of Renton Engineering Division . 3 . City )df Renton Traffic Engineering Division . 4 . City of Renton Utilities . Division . • 5 . City of Renton Fire Department . See attached copies . L . PLANNING 11 DEIPAI UIIIEI1JT ANALYSIS: 1 . The proposed preliminary plat is compatible with the Comprehensive Plan which designates the site as medium density multiple family (30 dwelling units per acre ) . • 2 . Rezone to R-1 , R-2 , and SR-2 was approved on January 23 , 1978 . , The proposed density is consistent with the requirements of the rezone . • 3 . The requested subdivision of the site of a 30-unit Planned Unit Development complex does not result in any physical modifications of the site . The reque .t is purely to provide a secondary means of funding for the sale of these units . The lending institutions will now class the properties as single family reside;nti.al and something that they can physically foreclose on ® 4 . The PUD Ordinance specificlly permits the applicant from complying with the subdivision ordinance and the specific setback requirements of the Zoning Ordinance . The PUD was approved and been constructed to those standards by the applicant . 5 . The major problem is with the creation of individual privately-owned lots within a common area under a PUD is that the individual property owner can or could construct additions or fences or landscaping on his private parcel which would not comply with the intent of the PUD Ordinance . Therefore , the covenants become critical to the operation of the. PUD . The covenants presented by the applicant for Canyon Oaks specifically limit the individual ' s right to expand or modify either the building , landscaping or fencing on his private lot . It would appear that any modifications from the original approved site plan would require review by the Hearing Examiner • under the PUD process . PLANNING DEPARTMENT PRELIMINARY REPORT-TO THE • HEARING EXAMINER PUBLIC HEARING : SWANSON-DEAN CORPORATION , PP-453-79 FEBRUARY 26 , 1980 PACE FIVE 6 . Since the PUD does not have to conform to either the Subdivision or Zoning Ordinances , the applicable sections of the Subdivision Ordinance are no longer valid . Therefore , the only measure of review that can be used is the actual final approved PUD. The . • applicant has complied with the requirements of the PUD and in addition , has obtained a variance from the Board of Adjustment to allow a 6-foot high fence along the street right-of-way . M . PLANNING DEPARTMENT REC(OIMME lP1hTIO IS: The Planning Department recommends that the Hearing Examiner approve the proposed preliminary plat with the condition that the restrictive covenants as presented by filed as a condition of the approval . - . ... ..., ,..7.,,vra..vmmaaramyzazivmeemmanwa-mms-Isr.miimm:zos -13,0,33.333M33=3,33333M3-...V.M=7.31=3====lit=52.13 ,111=211=1.32.N—C.r===arr,==3...V3A.143.-^ ,luitma:3r =,321=3R1 /I .....i.11t'.. _. ',:J.' 1 Iii .11 b' ,. 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'.'''' t,ti:t''' ---'' -17-' -- '-' -. \\L • , - .1--E--,---.-i'!'7 - , .,''. ..';:,__ 1 ),,lik ..:, , \\-_,,v. t. .,i,,.. i . 4• ... , • • 4 ,...,,.-. -,,,_,--i • ,1,._,_:.,,,.zi,_ _T.-.7.,-, :-,-1. - - , , ..,..„...._.,,,,..,_ i ri-i,=•71 ' ,,‘,\ '.;:...:.. t):\ '",,,K,1 ( III •1\',1, IV 1 i ., i i,-1,-.‘, •I -.„--------.1-'+: '-‘751'17:'.11-'2-- : -'7 . ,.: \'‘,./ ), ,...: $,.,/.\ ,.1,.....‘\ • ;,. . I 1_ :, i '• 1 I / --.---•I, r, .. ..?;0 k;A \r,, , . /• \,14 . ) 4i II'. '''"' ,--;.-.'' l'/Z1t:-'''''',.1..r7S.n.17,-:','.• I . i SWANSON-DEAN CORPORATION (CANYON OAKS) PP-453-79 - • •,. 1 • . , 1 . • • • • i' i 1 APPLICANT Swanson-Dean Corporation TOTAL AREA Approx 5. 5 acres _ ; , PRINCIPAL ACCESS Via Kennewick Place NE • .•• i• EXISTING ZONING R-1 , R-2, SR-2 ' EXISTING USE 30-unit townhouse style/condominum complex on site ... ;.. PROPOSED USE All subdivision of previously approved PUD .1, • COMPREHENSIVE LAND USE PLAN Medium density multiplefamily ; greenbelt ; single family residential COMMENTS , • — _ ....._ . . . . . , 1 .. i . . , . \ • . .. • . • • • ,'-... '...-_:,..::_.:.-.7.....:'2,............. .... ...„, ' • • ' •'''i -,:,,:01.1°. -,,,,,,,°' - .. . - . -,.- i . • .. - . ;-;°C°J,7.(t••,-.01-:!: .`."z-A-,-;z:-_7 r•„;,.•°c•• *Z-.9 ;•21--" 'r..Z1-°:-.,-e...• % I E• • . • i'. SI/YO ,( . ..i. .:..,. ' .• I./.v: 77.7.1" .. D. 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DEVI -PI'IENT APPLICATION REVIEW ,- EET• Appl ication f'eQL/j,i//gc/IL V r� a� , ce r7ems)�9, �� �� /Ag :6-y ' Location i:fi~•; �/• ( •l'J r',i.' e e.!e r _• •/(,,I-. y., .rI'clj e e.18 /� t Ci�'''� J'e; /' Applicant : f " �`.aw...tens ,*F ,. ;2-•1N1• TO :. _. Parks Department SCHEDULED HEARING DATE :,_ . ' L''`� ._...._ Police Department Aa r , Ca MEETING , Sig ' Public Works Department • __ Engineering Division \`1 • Traffic Engineering , BuilddIng Division '``Utilities Engineering Fire Department • CO11f'EN S OR SUGC �STIONS REGAR I IG " IIS t�P..ICATIOfi SHOULD 3E PROVIDED IN dRI-_ING FOR TiE P'LICATION �EV�:6'I CO1EERENCE (ARC) 10 3L HELD ON rjp71`�' .31 f�'c=' __ Al 9®O0 AM IN THE THIRD FLOOR CONFERENCE f\OU�' a� I YOUR DEPARTMENT VISION REPRESENTATIVE WILL NOT BE ABLE TO ATT_N THE ARC, PLEASE PROVIDE THE• COMMENTS TO THE PLANNING DEPARTMENT BY 3:00 PM ON iE 1/23 REVIEWING DEPARTMENT/DIVISION :_t /: -�M Approved Approved with conditions Not Approved 7 / ( `. .(_) ;,(/ J J rz; Cj t..( ! ._c..- �c_� �, • Signature of Director or AWuthorjized Representative Date REVIEWING DEPARTMENT/DIVISION : - — / Approved Approved with conditions Not Approved j K a)CC l �� A 55,4 5) e rc_ i r_ , J( t!_ -S i gnaturee. of Di recto: utln or I� ori zed- Representative ''Date _ • • Renton planning uepartment DEVEL_ MENT APPLICATION REVIEW ! HET A p 1 i cation : PREIMVA/VAY em „ 4,24,5 jAit .‘..3 1011- 604ekti-,5(?)A-1 4 ooce 1•1?(AI) p D /a A 1-"at E e te pule le•fic(477..irr rlAvy . , Applicant : cs2frve;v4isop7 —bea-in . TO : P.axAs Department SCHEDULED HEARING DATE :250 _ Police Department A. R. Co MEETING Public Works Department Engineering Division Traffic Engineering !r 0-, Building Division / - , Utilities Engineering \\4, Fire Department COMM:N S OR SUGGTSTIONS REGARDI16 THIS ADPLICATION SHOULD BE PROVIDED IN WI I'NG FOR TIE APJLICATION REVIEW CO1FLRENCE (ARC) 10 BE HELD ON AT 9:00 AM IN THE THIRD FLOOR CONFERENCE ROIJi IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE WILL NOT BE ABLE TO ATTND THE ARC, PLEASE. PROVIDE THE. COMMENTS TO THE PLANNING DEPARTMENT BY 5:00 PM ON 42c, - --- ---- REVIEWING DEPARTMENT/DIVISION : 70 Approved Approved with conditions Not Approved c-)_ gc) SlianAtnrp nf -nirorfnr nr Authorized Representative REVIEWING DEPARTMENT/DIVISION : 1/ Approved Approved with conditions - Not Approved I C-Lij • • /;,-1//:075- _ Signature of Director or Authorized ReprAentative Date • /,..-;7/6/ 2152 DEVL - PMENT APPLICATION REVIEW EET Appl i cat i n :1-24,4„Whit.,ft f Id (r2xeolg )ki °_CZ)PM „ -(-)C/ 9 L oc a t °/ • -14 V -47— / 1)76. te" S"...re 01 —e Q2 1-1/ey . Applicant, : 5, , r JQ Parks Department SCHEDULED HEARING DATE:. g5/250 Police Department A. R, C. MEETING / 11.3 • Public Works Department Engineering Division Trap-VC—Engineering • • Vuuilding Division • Utilities Engineering • Fire Department CONTENTS OR SqGGESTIONS REGARDING THIS PP JCATION SHOULD BE PROVIDED IN 4MINGTOR THE APLICAT ION REVIEW COIERENCE (ARC) 10 BE HELD ON 113°L ) AT 900 Am IN THE THIRD FLOOR CONFERENCE UM. 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(I) (I, .1) .p ' - ,.•,, -,-1 (1) 4-4 1-.), •,-.1 .1.r.), p.,), '71 ,.C_', .1.1 rirl , ',I "--t ,,1 .0 ' :)., 1 .Fr; 1 .4-1 -,•:.1 ,; c.:1 !.-„,.,,c1 n -1:11 'C) 3- fd •( ) c, Ri ,, 4- 5..4 5_4 /... 442., i.,"1-' 0.°i' -'(' (41)) Y4)4',.,', 14:5' ',• '4-1 `,',', ',I ,1_, .,(:), 40; {,1"-,q Co) 4 1 .11 'r•J 1:.-I ci: :•:'1 '0.j .'")1, 'd 3 -,J" . •F ,.d :..3 'c', it, I--li 4J 0 0 0 ; ',, •r-! f--; 3-4 ,--1 •,z.: ,t_;;, ; $1: 1),.1'-) .u) iti 0 c.; l'i 0 S), 31 0 ii) •r-I 4J '10 --D C-r . . , . . i- .. .i • • , , ,P., : - • .:• ' 1.1 . . ., ,-... .,. ,.... . OF I 4 116 THE CITY OF RENTON `b '`h O MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 , BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT °94 co- 235- 2550 9�rF0 SEPle° February 26 , 1980 Barbara J . Webb Subdivision Management Inc . 16031-119th Place N .E . Bothell , Washington 98011 RE : CANYON OAKS P . U .D. File No . FPUD-280-79 Dear Ms . Webb : Responding to your correspondence dated February 11 , 1980 the final PUD for Kennybrook Townhouses was approved on March 19, 1979 and that approval lasts for a period of two years . Construction must be completed within that two-year period. The present subdivision process which you are undertaking for Kennybrook Townhouses/Canyon Oaks is a separate procedure from the PUD. If you should have any further questions on the above matter , please do not hesitate to contact me . Very truly yours , Gordon Y . Ericksen , Planning Director T, t,„4_ Roger J . Blaylock , y Associate Planner RJB : sh RECEIVED CITY OF RENTON HEARING EXAMINER F E r 2 'Y 1980 AM PM 718i9r10,11,121112'31415,6 a PLANNING DEPARTMENT PRELIMINARY REPORT TO THIS HEARING EXAMINER I ' PUBLIC HEARING FEBRUARY 26 , 1980 APPLICANT : SWANSON DEAN CORPORATION (Canyon Oaks ) FILE NUMBER : PP-453-79 A . SUMMARY 0. PURPOSE OF REQUEST: The applicant requests preliminary plat approval of a 30-lot subdivision to allow the division of a constructed Planned Unit Development . B . GENERAL INFORMATION: 1 . Owner of Record : SWANSON DEAN CORPORATION 2 . Applicant : SWANSON DEAN CORPORATION 3 . Location : (Vicinity Map Attached ) Located along the east side of Kennewick Place N .E . between N .E . 30th and the old Pacific Coast Railroad right-of-way . 4. Legal Description : A detailed legal description is available on file in the Renton Planning Dept . 5 . Size of Property : Approximately 5 .5 acres 6 . , Access : Via Kennewick Place ' N .E . 7 . Existing Zoning : R-1 , Residential Single Family ; R-2 , Residential Two Family, minimum lot size 7200 sq . feet ; SR-2 , Residential Two Family, minimum lot size 10 ,000 square feet 8 . Existing Zoning in the Area : G , General Classification District ; GS-1 , General Classification District ; G-7200 , General Classifi- cation District ; B-1 , Business District 9 . Comprehensive Land Use Plan : Medium density , multiple family , greenbelt , and single family residential PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : SWANSON DEAN CORPORATION , PP-453-79 FEBRUARY, , 26 , 1980 PAGE TW,O' ' 10 . Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Seattle Times on February 13 , 1980 and posted in three places on or near the site as required by City Ordinance on February 15 , 1980 . C . IHI]ISTOR f'/J•M ACK GR®UND: • The majority of the site was annexed into the City by Ordinance No . 2292 on November 30 , 1966 . The westerly portion of the site was annexed into the City on an earlier date by Ordinance No . 1835 (June 23 , 1960 ) . The property was rezoned to the present classifiction by Ordinance No . 3194 on January 23, 1978 . Preliminary P . U .D . approval was granted by the Hearing Examiner on July 28 , 1978 and by the City Council on August 28 , • 1978 . Final P . U .D .. approval was granted on March 19 , 1979 by the City Council . D . PHYSICAL BACKGROUND: 1 . Topography : The westerly one-quarter of the subject site is relatively level as is the area within the old Pacific Coast Railroad right-of-way on the southerly portion of the property and the area , immediately around the existing single family residence located inthe easterly 1/3 of the property . A steep ravine extends from north to south in the mid-portion of the property . The majority of the slopes within the northerly and easterly portions of the site are approximately 60% . The steep hillside should be retained as greenbelt as part of site ' dew.elopment . " 2 . Soils : Indianola loamy fine sand ( InCO , permeability is rapid , available water capacity is moderate , run-off is slow to medium , and erosion hazard is slight to moderate . This soil is used for timber and for urban development . 3 . Vegetation : The majority of the site is heavily wooded with significant evergreen and deciduous trees as well as typical northwest woodland type shrubs and vegetation . 4. 1 Wildlife : The existing vegetation on the site may provide some suitable habitat for birds and small mammals . 5 . Water : The existing ravine cutting through the middle of the site contains a year-round stream which would eventually flow into May Creek located north of the site further within the ravine area . 6 . Land Use : There is presently 30-townhouse style units/condominiums under construction on the subject site . The proposed King County May Creek Park is located north and east and also within a portion of the Pacific Coast Railroad right-of-way east and south of the subject site. There are existing single family residences located south of the subject PLANNING DEPARTMENT PRELIMINARY REPORT-TO THE HEARING EXAMINER PUBLIC HEARING : SWANSON-DEAN CORPORATION , PP-453-79 FEBRUARY 26 , 1980 PAGE FIVE 6 . Since the PUD does not have to conform to either the Subdivision or Zoning Ordinances , the applicable sections of the Subdivision Ordinance are no longer valid . . Therefore , the only measure of review that can be used is the actual final approved PUD. The applicant has complied with the requirements of the PUD and in addition , has obtained a variance from the Board of Adjustment to allow a 6-foot high fence along the street right-of-way . • M . PLANNING DEPARTMENT RECOMMENDATIONS The Planning Department recommends that the Hearing Examiner approve the proposed preliminary plat with the condition that' the restrictive covenants as presented by filed as a condition of the approval . I ' I', .' 'I : '1."---- -':--.,,--i*i.eV-- -..-L. 1-. I---- "7-.1 t -\'. ) . - . -.-- --- - .,...,, .... .�.......,.,. ,•,..,,..N.._. K,.. ...,.,.,,y -- • i r. V,1 is. s r �4 f :N`L` _L1-i-1 i I-T-rTT -� _ ( _ 1 6b___ )tki 7] _ r� \ j4 — ,6., j 372 _�, �i 7 ,, :tY- L:!}��----I ,—. =�wai!.. I 1 s... rT.1- a�` .._.:sa ` I ' if 1'c; 4a jj .. • (i : tE j� 'SG i. /�' ;,r', '.�''1• I I..I-'.; ,'2.. ``-}-'-1•-1't , ' I '----- -----I- F - -----'„r''' -- - --- -- --- _ - -- -' 1 ; � i- ' I‘ ));.0 6 t. • 2 1(r :,- 1 9• U i I�1 'Al -Li,,�i t . 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APPLICANT Swanson-Dean Corporation TOTAL AREA Approx 5. 5 acres • PRINCIPAL ACCESS Via Kennewick Place NE EXISTING ZONING R-1 , R-2, SR-2 EXISTING USE 30-unit townhouse style/condominum complex on site i • PROPOSED USE All subdivision of previously approved PUD COMPREHENSIVE LAND USE PLAN Medium density multiplefamily; greenbelt ; single family residential COMMENTS • 1 -- - - - • . . • . . • . . - - - - - -. - . • . . i . - • -- . .-- .. . . , .52:•70.,ft f.t'-'A! :ZOE.5.e.,it,',11. - - • - - • • • ' - . . . , - . .-. • .. . , , . .. . 'Z.. U i . . . . .. . . :2; ...-I _ .-,.:."..:?_ .,:, ..±-.',..,4•;,:::, ''" 7, ,,•,, ,,... t- - .. I • . .,..._ \ .-*,'...,-::. , . . • N .. • .. , • . , ..,•-• .,,., ; , , , , , ,, - .- - - . . ... . . . 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'•1 ---- — .9/1/7/ ,.---:.;7;V-r.... /.i.7.7/Al A,AW, ..ICHICIA, .1'.4. 1/0/ •//i•//// ; • •••••••',' . • • AAV'AACC.1.5/.5_55 .A.• CO. l'IC:fAN'..r Cl•••4 IV.4.31/MG,TOV 0 AO YZ`.9.-9`--14.0'0.11••al'o.--i••64j17a6t4r.••• •'• -' ----- -14-ej :.!--- --:•,.///o rei PAAT/r.GC-1/C05.0.55/kV',u%le// 0'4 PLATJ P.ce'C-4 HY''''//6'•'t•- '.•';• '9 --.9- ACC '-a....: ": ;.••.: ' ... •I •?/:/`1/4/A/Y.4./1.l- PC 4 7 r..7C7"19,Y 09 •9 . ••' - . . • • ' '' •' A f'-'C4.j• '..A. 7.:-."-:',/i''''.''''''Y •,:•..;* t 1 ' I-,1 IV cri . . ...„,,;• .., ,„,_, ...., , ... ,.....I4/5:00,...0 P.A.CM/C CO P./1/41,1441 ,/"./611,-,..a,w,ir.?_..5,Tit'LL-N H....-.ViY...‘1701-.: '..,! , I `--".-I.." I CAN Ko/y ox,rt-0 . .-..ii,..,.... . ,..,Ly,....y,,,...:tp,,,,,,,,,01.,;;;s:.c..?....;,:ni),e.,;,; fr7,/-„,.:.Acr.,-,0,- einc,... 1,6/40.70 . ,r0C/11,f/t0;An C.D..v.,(LAvurs,-.• • , ,9••• HO/ACCO.VO/HO /0/"L.A7 ..'2•CC04.9_90/H.,;.,•CA:11..f // . ' ••,i t.• ,,,,,,... ,,, C-.4.,1'.'401-fl,19a0.) I , Of 1'14 7..r, d9.A.SC Ali, 4,A.575"C05;."7;-:; ;::;,.r/r/.170.15 /an 5,..,i.1'a-,•feir•15;.51,*:75•27.7,..`/Se ..'*1'.'•,..".' ':.".''...-.!'" '• . ..,•• ! ! ._____________________ . _______."'•''''''''' ; ., • . ..., , ..,,....,..,.,,, --1— _._._, .7.7,.::-----i .-1.;'• .--T.. - ...•,' .• . - . .. riunning uepartment id/r0/7? DEVEL ENT APPLICATION REVIEW SF T Application : mimozvfmr eezvois7 0a4,5j146-- (<,c3.--719-: /— i01 ,5( eLti: , 1-, fTdizioStooLe "(40 , • Location :4: e cee 47n.R494-4ii .4'//e/11,244/0-as7e- Applicant.? („)44/444z,sea,n (7,rp . r TO : Parks Department SCHEDULED HEARING DATE:; AVe, Police Department A. R. C. MEETING /43 (en • • Public Works Department REAV'-„\ :Engineering Division Traffic Engineering .\° \ •40 ButIOYng Division / )1tilities Engineering \ *'• /11,,.. • ' Fire Department cOMFNE OR SUGG7STIQNS REGARDING MIS PPLICATION SHOULD 3E PROVIDED • IN i41- ING, FOR 1E APPLICATION REVILW CONFERENCE (ARC) 10 HELD ON 43_ C'c) AT 9:00 AM IN THE THIRD FLOOR CONFERENCE IF YOUR DEPARTMENT/DIVISION REPRESENTATIVE WILL NOT BE ABLE TO ATTEND THE ARC, !DIVE PROVIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY :00 PM ON REVIEWING DEPARTMENT/DIVISION: / — ,7 Approved Approved with conditions Not Approved 5- Is ioLy/4,- / //(>( Signature of Di rector or AuthoTied Representative Date REVIEWING DEPARTMENT/DIVISION : 1 V Approved Approved with conditions Not Approved • 514132-)C-c7- . 7-5 A 5_6(4(cc 0(2A-4--1/Alc.,s• ap erc_ • J • )/1. g.) TijTature of Director-orArivtiorized Representative riia Renton Planning Department / /i6 7? DE' _ 3PMENT APPLICATION REVIEW' . .EET Appl icati\on : /� �frAi`r, °� z 6/&*a p) y-,9g3--7/- of elff 7etiv 11 04) e ,`"?at) Location : .'5/4 o"f to tit 4 a e-oic / sr ce /VE:3C f-i/en y /� Applicant . c, 4.�►�e•�=e.5 0,0-- �e i TO : P+ajks Department SCHEDULED HEARING DATE:- //l -/ o 1i ol.ice Department Ao R. Ca MEETING /43 ( Public Works Department Engineering Division • Y F�j, *', ' Traffic Engineering /10'e!. Building Division .‘c�`6) : Utilities Engineering Fire Department 44/An„c, '00 • tI E t� � PP�� TT cc JJ I Nr 41ti, lNGPFORGTHETAPPLI CATION I REVIEIJSCO�FERENCEOC(ARRCOUTO PE GELD IOND !�3 ' - AT 9:00 AM IN THE THIRD FLOOR CONFERENCE . ?FLU ;, IF' YOUR DEPARTMENT/DIVISION REPRESENTATIVE WILL NOT BE ABLE TO ATTEND THE ARC, P EA E PROVIDE THE. COMMENTS TO THE PLANNING DEPARTMENT BY 5:UO PM ON ,✓/ � REVIEWING DEPARTMENT/DIVISION:• pp oved A r Approved with conditions Not Approved • / 12 Si turn of niro ll rtnr nr Athori7ed Rearesentative l/ nn, REVIEWING DEPARTMENT/DIVISION : Approved _ Approved with conditions • Not Approved 4 Signature' of Director or Authorized Representative Date • • Renton Planning Department 4P/te5/7? , — DEVEL ENT APPLICATION REVIEW SI r "I 7/ f 4V ft Appl i cat inn 4\4 L*1 4 V / o!_4'..ri'c,,eJpzLe4.)ajcjt,/-it-5/... 3.---;77, dr,ei (10 t Location : e.--% iee Ce ell `, P(2041/2;111?c e; HAvy • Applicant :, /.7-7 . TO :_ Parks Department SCHEDULED HEARING DATE .57' >0 Police Department A, Re Ce FEETING Public Works Department Engineering Division TraUlc Engineering VB.tiilding Division Utilities Engineering Fire Department COMOTS OR SUGGESTINS REGARDING .THIS APPLICATION SHOULD BE PROVIDED IN 14ITINGFOR THE APJLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON AT 9:00 AM IN THE THIRD FLOOR CONFERENCE ROD .;, FOuR DEPARTMENT/DIVISION REPRESENTATIVE WILL NOT BE ABLE TO ATTEND THE ARC, P1,7EA$E PROVIDE THE. COMMENTS TO THE PLANNING DEPARTMENT BY 3: U0 PM ON /12/s9cY REVIEWING DEPARTMENT/DIVISION : 11 /1.:,-,:rv,-.; Approved Approved with conditions Xv' Not Approved '•Th . ( (--- C i.21- 71-1 Af CD • ( Signature of Director or Authorized Representative Date -- ------------ -- - • - REVIEWING DEPARTMENT/DIVISION : Approved , Approved with conditions Not Approved 1/) ( Signature of Director or Autiorized Retative -- 7 Date OF R�'(V eed ®® .,,• 0 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTORI,WASH. 98055 o BARBARA Y. SHINPOCH, MAYOR 0 PLANNING DEPARTMENT -P,� 235- 2550 q O� � T�D S'EP� P February 8, 1980 Swanson Dean Corporation 2100-112th N .E . Bellevue , WA 98004 Re : NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATION FOR PRELIMINARY PLAT APPROVAL for a 31-lot subdivision of a townhouse PUD (CANYON OAKS ) ; File No , pp-453-79 ; property located along the east side of Kennewick Place N .E . between N .E . 30th and the old Pacific Coast Railroad right-of-way . Gentlemen : The Renton Planning Department formally accepted the above mentioned application on December 7 , 1979. A public hearing before the City of Renton Hearing Examiner has been set for February 26 , 1980 at 9 :00 a .m . Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550 . Very truly yours , Gordon Y . Ericksen, Planning Director By : }� „r�(%/? `, ky" ..._ RogerJ . Blaylock , l Associate Planner cc : Marjorie Groshong Subdivision Management _. - 16031-119th Place N .E . Bothell , WA 98011 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON , WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL , RENTON , WASHINGTON , ON FEBRUARY 26 , 1980 , AT 9 :00 A.M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . MRS . ARTHUR BEALE , APPLICATION FOR REZONE FROM G TO B-1 AND R-3, file R-002-80 ; a 3 3/4 acre site on the northeast corner of Union Avenue N .E . and N .E . Sunset Boule- vard - the northern 100 feet to R-3 and the southern 300 feet to B-1 . 2 . SWANSON-DEAN CORPORATION (CANYON OAKS) , APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR A 31-LOT SUBDIVISION OF A TOWNHOUSE P .U .D. , file PP-453-79 ; property located along the east side of Kennewick Place N .E . between N .E . 30th and the old Pacific Coast Railroad right-of-way. 3 . SEA-BELLE PROPERTIES , APPLICATION FOR SPECIAL PERMIT TO FILL AND GRADE IN B-1 ZONE , File SP-402-79 ; property located immediately east of Lake Washington Blvd. N .E . between S .E . 76th St . and S .E . 80th St . Legal descriptions of applications noted above are on file in the Renton Planning Department . ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON FEBRUARY 26 , 1980, AT 9 :00 A .M . TO EXPRESS THEIR OPINIONS . PUBLISHED : February 13 , 1980 GORDON Y . ERICKSEN, RENTON PLANNING DIRECTOR CERTIFICATION I , ROGER J . BLAYLOCK , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST : Subscribed and sworn to before me , a Notary Public , in and for the State of Washington residing in King County , on the 7th day of February, 1980 . SIGNED /er CITY OF RENTON SHORT PLAT PLAT APPLICATION FILE NO. pp 7? MAJOR PLAT DATE REC' D. /R/7/79 $/ TENTATIVEsO PRELIMINARY /1g t E0 ENVIRONMENTAL ------ FINAL REVIEW FEE $ DEC 7 1979 RECEIPT NO. SM NO. PUD NO. DE?P APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : 1. Plat Name & Location "CANYON OAKS" in Section 32, Township 24 North, Range 5 East, Portion of Block 55 and Former Pacific Coast Railroad right-of-way, and Block 56 in C.D. Hillman's Lake Washington Garden of Eden Addition 1 2 . No. Lots 31 Total Acreage 5.654 Zoning PUD 3. Owner__amaT Dean Corporation Phone 455-2100 • Address 2100 112th N.E. , Bellevue, Washington 98004 5 . Underground Utilities : Yes No Not Installed Telephone ( X ) ( ) ( ) Electric ( X ) ( ) ( ) Street Lights ( X ) ( ) ( ) Natural Gas ( X ) ( ) ( ) TV Cable ( ) ( X ) ( ) 6 . Sanitation & Water: ( X ) City Water ( X ) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers ( ) Septic Tanks 7. Vicinity and plat maps as required by Subdivision Ordinance. 8. DATE REFERRED TO: ENGINEERING PARKS BUILDING HEALTH TRAFFIC ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 9. STAFF ACTION : TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED 10. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 11 . CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 12. DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept . Rev. 1/77 s• AFFIDAVIT I , P. Edward Dean, Jr. , being duly sworn, declare that I am the owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this 3rd day of December , 19 79 , Notary Public in and for the State of Washington, residing at Bellevue SWANSON-DEAN CORPORATION P blic nature of iTthu'4,' of Noy u )Mar/ tG / n Donogh (�i g Owner) 8806 Points Dr. Bellevue, WA 2100 - 112th Avenue NE (Address) (Address) Bellevue, Washington (City) (State) 455-2100 (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the fili.ag=oP_s,u.ch application . REf7.\ Q Date Received/,� � U1) \ , 19 By : (.) ,®` �•"'�rr ��`' Renton Planning Dept . 2-73 • • 1 t J 4 a� � DECLARATION OF COVENANTS, CONDITIONS e•� F AND RESTRICTIONS aee . :s THIS DECLARATION, made by the Developer, who is the owner of certain • Properties situated in the State of Washington, County of King, deRcribed on. Exhibit 1, hereto attached, hereby. covenants, agrees and declares that all of- . • said Properties and Housing Units constructed thereon are and will be held, sold and conveyed subject to the following covenants conditions, restrictions, eae- ments and reservations, all of which are for the purpose. of enhancing and prop testing the value, desirability and attractiveness of said Properties for the benefit of all of said Properties and the owners thereof and their heirs, sus- • . cessors and assigns. - These covenants, conditions, restrictions, easements and • reservations shall run with the said Properties and shall be binding on all parties having or acquiring any right,- title or interest in the Properties or any part thereof, and shall inure to the benefit of eadh owner thereof. Accept- ance of an interest•in a Lot shall be deed acceptance of the tee and provi- sions of this Declaration. ARTICLE cm Definitions For purposes of the Declaration and the Articles and Bylaws of the Associa tion certain words and phrases have particular meanings which are as follows 1. "Association" shall mean the Canyon Oaks Ho ecwmers Association, a Washington nonprofit corporation, its successors and assigns. 2. "Common Areas" shall mean those portions of the "Propertice" own or to be owned by the Association for the corn use and enjoyment of Association Members. 3. "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions. 4. "Developer" shall mean Swanson Dean Corporation, or a person or entity to which it assigns its rights as Developer. 5. "Housing Unit" shall mean the residential buildings and garages oc- cupying a Lot. • 6. "Lot" shall mean those Lots shown on the plat of Canyon Oaks recorded in Volume of Plats, pages , Records of Ring County, .Washington. . 7. "I ...rriber" shall mean every person or entity that holds a membership in the Association. - • 8. "Owner" shall mean the record owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the Owner. 9. "Properties" shall mean the real property descried, on Exhibit: '1 attached • hereto. •• ARTICLE Tines" Management of Coffin Areas and Enforcement of Covenants, Conditions and Restrictions Upon the recording with the King County Recorder of.the Developer's deed, conveying the Coitucun Areas to the Association, the Association. sball have the sole authority and obligation to manage and administer the Comm Areas and to enforce these covenants, conditions and restrictions. Such authority shall - • incluae all authority provided for in the Associations Articles,. Bylaws, rules and regulations, as initially adopted, or as the same.may hereafter be mended, - • - • and all the authority granted to the Association by this -Lech ration, either • directly or by necessary implication. Prior to conveyance of the Ccrrrron Areas to the Association, the Developer shall appoint three persons to act in the capacity of a Board of Directors of the Association. Said persons shall function in this capacity- until their • successors are elected and qualified. Not-more than ninety (90) days following the appointment of said Board of Directors by the Developer, said Board of Directors shall give written notice • to all Owners of the date, place and time at which a meeting of the Owners will be held. The .notice shall specify that the purpose of the meeting is to elect new officers and directors of the Association. Notwithstanding any other provi— sion of the Articles or Bylaws of the Association to the contrary,. for purposes • of this meeting, those Owners present in person or by proxy shall, constitute a quorum. The Board of Directors and the officers of the Association shall be elected by a majority vote of the Owners present in person or- by- proxy at said meeting. The Board of Directors appointed by the Developer mar be re--elected as • directors of the Asscciation. • ARTTC i E TaREE Transfer of Common Areas to Association The Developer hereby agrees that it will convey and quit claim the Carrion ✓ Areas¢ to the Association free and clear of any monetary encu brances, but ', • subject to other covenants, restrictions and easements of record, including this Declaration. • ARTICLE FOUR Membership Every person or entity who is an Owner of any Lot, shall become a Nerrier4 of the Association. Membership shall be appurtenant to and nay not be separated from ownership of any Lot. All Members shall have rights and duties as speci- fied in this Declaration, and in the Articles and Bylaws of the Association. AiRTICT:: FIVE Voting Rights . Members shall be entitled to one vote for each Lot owned. Wnen more than one person or entity owns an interest in any Lot, the vote for such Lot shall be exercised as they among themselves determine, but in no event shall rare than one vote be cast with respect to any Tot. The voting rights of any Meirber may be suspended as provided- in'-the Declaration, or the Articles or Bylaws of the • Association. ARIEICTE SIX Property Rights in Coiaron Areas Every Member shall have a right, easement of enjoyment in and to, and an easement for ingress and egress over and .upon the Common Areas owned by the Association which rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following restrictions: (a) The right of the Association to limit the nurrber of guests of Members, and to adopt rules and regulations; (b) The right of the Association to exclusive use and management of said. Common Areas for utilities such as pumps, pipes, wires, conduits, and other utility equipment, supplies and material; (c) The rights reserved to the Developer in the Declaration; (d) The other restrictions, limitations and reservations contained or pro- vided for in the Declaration and the Articles and Bylaws of the Association. ARTICLE SEVEN Maintenance and Common Expenses Section One: The Association shall maintain the Corrrnon Areas owned by it. All maintenance of Lots and Housing Units located thereon shall be the sole obligation oZ the Owner. • Section Two: Each Lot Owner hereby covenants and agrees to maintain his respective Lot and the Housing Unit located thereon in the same condition as a reasonably prudent homer would maintain his own home so that the entire Properties will reflect a high pride of ownership. If any Lot Owner shall fail to maintain his Lot or the Housing Unit located thereon in the same condition as a reasonably prudent homeowner,. the Association shall have the right to notify said Lot Owner in writing of the maintenance required. If said maintenance shall not be performed within thirty (30) days of the date said notice is de- livered to the non-performing Lot Owner, the Association shall have the right to ' provide such maintenance, and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing said maintenance.. Said assess- . ment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected in the same manner as any other monthly or special. assessment and, if not paid within thirty (30) days after said assessment is levied, the Association shall have all remedies for collection as provided in ,' the Declaration. Section Throe: Certain expenses shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Can Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners as hereinafter provided. The Common Expenses shall include, but shall not be limited to, the following: (a) The expense of maintaining the Common Areas; (b) The real property.taxes upon the Common Areas; (c) The cost of maintaining all required insurance coverage on the Common Areas; (d) The cost of any repairs or replacement of the Common Areas; (e) Utility charges attributable to the Common Areas owned by the As- sociation; and (f) Any other expense which shall be designated as a Carnn Expense in the Declaration or from time to time by the Association. ARTICLE EIGHT Assessments Section One: Each Lot shall be subject to monthly assessments or charges and certain special assessments in an amount to be determined by the Association.. Monthly assessments shall coi fence on the first day of the month following the date upon which the deed conveying the Corruron Areas to the Association is re- corded, and shall thereafter he due and payable on the first day of each suc cccding calends r month. Section Two: The Board of Directors of the Association, shall detex.ui.ne the amount of monthly assessment necessary to pay Common Expenses. The amount of monthly assessment may be increased or decreased periodically as may be necessary from time to tine to properly provide for payment of the Coin E penses. The amount of such monthly assessments shall be equal., for all Lots. Section Three: The Association shall, upon written demand, furnish a. certificate in writing, setting forth whether the assessment on a specified Lot has been paid. A. reasonable charge maybe made for the issuance of the certificate. Section Four: In addition to the monthly assessments authorized above,, the Association, by and through its Board Of Directors, may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in-part., _the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto. ., TICDF NIUE Collection of Assessments, Enforcement of Declaration, Attorney's Fees and Costs Section One: All assessments, together with interest thereon and cost of collection thereof, as herein provided, shall be a charge on the land and will be a continuing lien upon the Lot against which each such assessment is made. Said lien shall have all the incidents of a mortgage on real property. Each such assessment,_together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Section Two: If any assessment is not paid within thirty (0 °days after its due date, the assessment shall bear interest from said date at the rate of twelve (120) per cent per annum. Each Member hereby expressly vests in the Association,. or its agents, the right and power to bring all actions against such Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Asso- ciation in like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such • liens. The liens provided_for in this section shall be in favor of the Associ- ation, and shall be for the benefit of the Association.. The Association shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. In the event the Asso- ciation employs .an attorney to enforce said liens, or the collection of any amounts due, or to enforce compliance with or specific performance of the Articles or Bylaws of the Association, rules or regulations adopted by the Association, or the provisions of the Declaration, the prevailing party in said action shall be entitled to the award of reasonable attorney's fees and costs incurred. • -5- Section Three: In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, said !ember's right to vote shall be suspended and shall remain suspended unt.i.l. all payments axe brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Ment,ers as may be provided in the Articles, Bylaws, or Declaration.• ARTIrr,F, TEN Building, Use and Architectural Restrictions Section One: The Developer hereby reserves for itself, its successors and. assigns, the right to exercise any and all. powers and controls herein given to the Board of Directors or its authorized representative in this Article of the Declaration. Said reserved right shall automatically terminate when the Develbper- no longer owns any Lot, or at such earlier time as said reserved right is relin- quished to the Board of Directors of the Association. Each Lot shall be subject to this reserved right in the Developer and each Owner shall take subject thereto. Section. Two: Except as to construction, alteration, or improvements per- formed by the Developer, no building, structure or other inmroverrerrrt shall be erected, placed, or altered on any Lot until the building plans, specifications and plot plan showing the nature, kind, shape, height, materials and location of such building, structure or other improvement have been submitted and ap- proved in writing by the Board of Directors of the Association or its authorized representative. In like manner, no fences, hedges or walls shall be erected or altered and no exterior changes of any kind shall be made to any building in- eluding, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. If the Board of Directors, or its authorized representative, shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required items to the Board of Directors, or its authorized representative, the Owner may proceed with the proposed work not- withstanding the lack of written approval by the Board of Directors or its authorized representative. Section Three: No trailer, recreational vehicle, basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary character erected or placed on the Properties shall at any time be used as living Quarters except as hereinafter specifically authorized. , , Section-Four: No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoy- ance or nuisance to other.Lot Owners. - Section Five: No animal, livestock or poultry of any kind shall be raised, bred,• or kept on any Lot, except cats, dogs, birds or fish may be kept if they are not kept,, bred or maintained for any commercial purpose, and they shall not -6- • • be kept in numbers or under conditions reasonably objectionable in. a closely built-up residential commanity. Animals shall not be allowed to roam loose outside the limits of any Lot on which they are kept. Section Six: No sign of any kind shall 1-e displayed to public view on any Lot, except upon written approval of the Board of Directors„ its authorized representative, or Developer as herein provided. - • • Section Seven: No unsightly .conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for drying; litter, trash, junk or other debris; inaporapriate, broken, damaged or ugly furniture or plants; nondecorative gear,- ( ipment, - cans, bottles, ladders, • trash barrels and other such items; and no awnings,. air • conditioning units or other projections shall be •placed .on the exterior walls of any•Housing Unit unless prior written approval shall have been obtained as pro- • - vided in the Declaration. • • Section Eight: No radio or television antenna or transraittincr tower she,Ji • be erected which exceeds 5 feet in height above the roof ridge line of a Housing Unit, no separate towers therefore shall be permitted except upon written approval . of the Board of Directors or its authorized representative as hereinetbove provided_ • Section Nine: Except as hereinafter expressly provided,- the Common Areas and/or streets located on the Properties shall not be used for the overnight parking of any vehicle other than private family automobiles and no boat, boat. trailer, house trailer,_ can er, truck or other recreational vehicle -or similar object, or any part- thereof, .shall be stored or permitted to remain on any Lot, or the Common Areas, or on any part of the Properties, unless the same is stored or placed in a garage Notwithstanding the foregoing, Lot Owners who have guests visiting them intending to stay in a ca-Loer, trailer, or other form of recreational vehicle, may secure written permission from the Board of Directors or its authorized representative, for said guests to park said vehicle upon the Lot owned by said Lot Owner or the public street adjacent to said Lot for a period of up to two weeks.. Said privilege shall only exist, however, after the written Permission has been obtained from the Board of Directors or its authorized representative. The Board of Directors or its authorized representative shall give written notice of a violation to the Lot Owner or occupant and said Lot Owner or occu- pant shall have ten (10) days from the date of receipt of said written notice to take whatever actions are necessary to remedy said violation. If said Lot Owner shall not comply within said ten-clay period, the Board of Directors or its authorized representative is hereby granted the right to remove at the expense of the owner thereof, any boats, trailers, cam,:ers, trucks, recreational ye-7 hides, or similar items which are parked or stored in violation of the terms and provisions hereof. .Said Lot Owners hereby grant to the Association an express easerr nt for the purpose of going upon the Lots of said Lot Owners or • public streets for the purpose of removing said boats, trailers, campers, tracks, recreational vehicles, or similar items which are parked or stored in violation of the terms and provisions hereof. _7_ Section Ten: In addition to other rights reserved to the Developer or its successors or assigns in the Declaration, the Developer hereby reserves for itself, its successors or assigns so long as it owns any Lot, the right to main- tain upon the Properties such facilities as in the sole opinion of the Developer- . are required, convenient or incidental to the construction. and sale of Housing- Units or Lots, including a business office, storage area,. construction yards, signs., model units and•sales office. • AC"T F ELEVEN • Easements Section One: Each Lot and the Common Areas shall be subject to an easement en e..nt for encroachments created by construction settling and overhangs. There is • hereby created-, granted and conveyed to any .utility co_rrpany which may.provide services to the Properties, its successors and assigns, a non--exclusive easement over', under, upon and across the Properties for the purpose of the installation, operation, maintenance and repair of their respective facilities; provided, • however; all said utility companies providing services to the Properties, their - •successors and assigns, shall give notice in writing three (3) days° prior to making any installation, performing any maintenance or raking any repair of • their respective facilities to the Association, which notice shall specify the - nature and location of the work to be performed; provided father,. said notice shall not be required for the making of emergency repairs.. By virtue of this easement it shall be expressly permissible for the providing utility care any to erect equipment on the Properties and to affix and maintain electrical and/or • - telephone wires, circuits and conduits on, above, across and under the roofs and. exterior walls of Housing Units. This easement mast be used in snrh manner as to minimize inconvenience to the Owners and damage to existing structures. Said -utility companies shall, at their own expense, repair any . rage and. restore the Properties to as good a condition as they were prior to the performance of said work by said utility companies. Each Owner agrees not to place locks on struc- tures enclosing utility meters or to in any manner. interfere with the ability of utility representatives to have access to said peters at all times. Section Two: There is no easement of view, light, or air expressed or implied from the teems and provisions of this Declaration over, upon or across any portion of the Properties. ARTICLE TWELVE Pi1ortgagee Protection • Section One: As used in this Article, references to mortgage or mortgages shall be deemed to include deeds of trust. Section Two: Notwithstanding and prevailing over any other provisions of this Declaration, the Associations Articles of Incorporation or Bylaws, or any - . rules, regulations or management agreements, the following provisions shall - - - apply• to and benefit each holder.of a mortgage given for the purpose of ob- taining funds for the construction or purchase of a Housing Unit on. any Lot or -the irrproverrent of any Lot. -8- • Section Three: The holder of a aortgage entitled to the protection.. hereof shall not in any case or manner be personally liable for the payn nt of any assessment or charge, nor for the observance or performance of any covenant, restriction, regulation, rule, Association Article of Incorporation or Bylaw,. or management agreement, except for those matters which are enforceable by in- junctive or other equitable actions, not requiring the payment of money, except as hereinafter provided. . Section Four: During the pendency of any proceeding to foreclose said mortgage, the holder of said mortgage or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including- but not limited to•the right to vote as a Meer of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Five: At such time as said mortgagee shall beeome entitled to loos session of the Lot, said mortgagee shall be subject to all of the terms .and conditions of the Declaration, and the Articles, Bylaws, rules and 'regulations of the Association, inclnaing but not limited to the obligation to pay far all ' assessments and charges accruing thereafter, in the sane manner as any Owner; provided, however, said mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declare-- • • tion which secure the payment of any assessment for charges accrued prior to the date said mortgagee became entitled to possession of the Lot. • Section Six: If it is deemed necessary by the Association, any unpaid • assessment against a Housing Unit foreclosed against may ne treated as a ccreo t expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to thF. As- sociation. ARTIcT,F, THIRTEENT Management Contracts • Each Member hereby agrees that the Association may enter into .such agree- ments for the performance of any or all of the functions of the Association with such persons or entities as the Association shall deem fit and proper in its judgment and discretion; provided, however, any agreement for professional management of the Properties, or any other contract providing for services by the Developer, sponsor or builder, must provide for termination by either party without cause or payment of a termination fee on ninety (90) days, or less, 'written notice and the maximum contract term shall be three (3) years. ARTICLE FOURTEEN Insurance Section One: The Association shall have authority to and shall obtain insurance for the Canon Areas against loss or damage by fire or other bards • . in an amount sufficient to cover the full replacement in the event of damage or destruction. It shall also obtain a broad form public liability policy covering -9- • the Ceranon Areas with limits of not less than $200,000/$500,000.. All such insurance coverage shall be written in the nacre of the Association as truste . .. • • for each of the Members of the Association. Costs of insuranoa shall be a • can expense. • Section Two: In the event of the damage or destruction. of the Properties covered by insurance written -in the nacre of the Association, the Association shall upon receipt of the insurance proceeds, contract to rebuild or repair such. damaged or destroyed portions of the Properties to as good a condition as they were when the loss occurred. The Association may contract with any. licensed , • contractor for. reconstruction.or rebuilding of such destroyed port.ions of the • . Properties. • • _ Rules and Regulations • - The Association and/or its Board of Directors is hereby authorized.and errpowered to adopt rules and regulations governing the use of the Pro rties and the personal_conduct_of the Meters and their guests thereon, and to establish penalties for the-infraction thereof. All Lot Owners shall be. Given'written notice of said rules and regulations and said rules and regulations shall be posted in a conspicuous place on the Cornmon Areas. • ARTIC-CR SIXTEEN . • • Remedies and Waiver Section One: The rem dies provided herein for collection of any assessment or-other:-:_charge or claim against any Mel-nicer, for and on behalf of the Associa--- . Lion, or Develor, are in arl9 ition to, and not in limitation. of,. any c bher remedies provided by law. • Section Two: The failure of the Association or the Developer or of any of their duly authorized agents or any of the Owners to insist in. any one. or more instances upon the strict performance of or ccrpli.anoe with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any-right or option coat-Ained therein, or to serve any notice or to institute any action or surr ary proceedings, shall not••be construed a as a waiver or relinquishment dui sYment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regu- lations_ of -the Association shall continue and remain in full. force and effect_ No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution c.`_ said Board' of Directors. • -10- ARTICLE SE S F F Benefits and Burdens Run with the Tend The covenants, restrictions, reservations and conditions contained herein shall run with the land and shall be binding upon the Properties and each portion thereof and all persons owning, purchasing, leasing, sub?easing or occupying any Lot on the Properties, and upon their respective heirs, successors and assigns.. . After the date on which the Declaration ha, been records--is these covenants, restrictions, reservations and conditions may be enforced. by the Association or Developer which shall. have the right to enforce the same and expend Association monies in pursuance thereof, and also may be enforced by the Owner of. any Lots ARTICLE EIGHTEEN . .Party Walls • • The rights and duties of the Owners of Lots with respect to party walls shall be governed by the following: (a) In the event any such party wall is damaged or' destroyed -trough the act of one adjoining Owner, or any of his guests, agents or ners of .his family (whether or not such act is negligent or otherwise culpable) , such Caner shall forthwith proceed to rebuild and repair the same at his cyan expense. (b) In the event any such party wall is damaged or destroyed by some cause other than the act of one of the adjoining Owners, his agents, guests or family, both adjoining Owners shall rebuild or repair the wall at their joint and equal l expense (c) In addition to meeting the other requirements of the Declaration and. of any building code or similar regulations or ordinances, any Amer proposing to modify, make additions to or rebuild his Housing- Unit in any manner which.re--- quires the extension or other alteration of any party wall shall first obtain the written consent of the Board of Directors or its designated representative. ARTIC T E NINE mai Federal Home Loan Mortgage Corporation (FI LMC) Protection and Federal National Mortgage Association (F1 ) Protection The following provisions are inch ded to assure compliance with the FHLtiC and/or FNMA rules, regulation and warranty requirements. Section One: A first mortgagee, upon request, shall be entitled to written notification from the Association, or the Board of Directors thereof, of any default in the performance by an Owner of any obligation under the PUD consti- tuent documents which is not cured within sixty (60) days. -11- Section Two: Unless all first mortgagees or purchasers of first mortgages shall have given their prior written approval,. the Association shall not be entitled to: (a) by act or omission seek to abandon, par"tition, si±ciivide, encuMber, sell or transfer real estate or improvements thereon which are owned, directly or indirectly, by the Association for the benefit of Lot € inners; provided, however, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Properties shall not be a transfer within the meaning of this clause; (b) change the method of determining the obligations, assessments, dues or-_ other charges which may be levied against Lots and Lot Owners; • (c) by act or omission change, waive or abandon any scheme of regulations, or enforcement hereof.,_ pertaining to the architectural design or the exterior appearance of Housing-Units, the exterior maintenance of Housing Units, the maintenance of party walls, common fences and driveways or the upkeep of lawns and plantings on the Properties; (d) fail to maintain fire and extended coverage on: insurable portions of • the Common Areas on a current replacement cost basis ill an amount not less than one hundred (1000) per cent of insurable value based on current replacement cost; (e) use hazard insurance proceeds for losses to any- of the Cammon Areas for other than-the repair, replacement or reconstruction of improvements located thereon; (f) alienate all or any portion of the Common Areas; (g) amend the Declaration to change the ratio of assessments against lot or Housing Unit Owners. Section Three: First mortgagees or purchasers of first mortgages on Hous- ing Units may, jointly or singly, pay taxes or other charges which are in default and which may have or become a charge against any Common Areas and may pay overdue premiums on hazard insurance policies, or secure nem hazard insurance • coverage on the lapse of a policy, for the Common Areas and first mortgagees or the purchasers of first mortgages making such payments shall be owed immediate reimbursement therefor fran the Association. Section Four: In the event all or any portion of the Common Areas are acquired by condemnation or under threat of condemnation, the condemnation award • shall be utilized by the Association to acquire, to the extent possible, cczrar- . able replacement facilities. In the event the Association is unable to obtain comparable replacement facilities within a period of nine (9) months fran the date the Association received the condemnation award or monies paid to the = Association under threat of condemnation, the Association shall pay jointly to any Lot Owner and-the mortgagee holding the mortgage on said Lot, if any, a pro -12- rata share of said condemnation award or monies received attributable to said • - Lot. The pro rata share of said condemnation award or monies receivel shall be determined by dividing the total amount of the condemnation award or monies received by the total number of Lots. The resulting sum shall be the pro rat.a share attributable to each Lot and the Owners and mortgagees thereof Section Five: First mortgagees shall have the right to examine the books • and records of the Association., or any successor thereto, whiici3. owns all or any portion of the Cori Areas. Section Six: As used in this Article Nineteen of the Declaration, the term • mortgage shall include deed of trust, mortgagee shall include beneficiary of a deed of trust, and mortgagor shall include grantor of a dead of trust._ ARTICLE TWENTZ .Reservation of Right to Amend. to Coapiy with Ffrf" or ENKA. Requirements • • The Developer hereby reserves the right to amend the Declaration from tire to time as may be necessary to comply with FEILMC or FNMA regulations or require- ments or if such amendment is necessary to enable the holders of first mortgages or deeds of trust to sell said first mortgages or deeds of trust to FFTL : •or FNMA, or if such amendment is necessary to secure funds or financing provided by, through or in conjunction with MEM or FNMA. Said reserve right to amend nd the Declaration shall exist so long as the Developer- r_etai ris the ownership of any Lot. If the Developer, at its option, determines that it is necessary to so amend the Declaration, the Developer, on behalf of all Lot Owners, is hereby authorized to•execute and to have recorded said required a ndre nt or amend- ments. All Lot Owners hereby grant to the Developer a full and complete power of attorney to take any and all actions necessary to effectuate and. regard said amendment or amendments and agree that said amendment or amendments shall be binding upon their respective Properties and them and their respective heirs, • personal representatives, successors and assigns to the sae extent as if they had personally executed said amendment or amrendrrents. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deerreci coupled with an interest and shall be irrevocable. The terms and provisions of this Article of the Declaration shall control over any inconsistent provision contained in Article Twenty-One, Section Six, of the Declaration. ART-ICI-P. TWENTY-ONE • General Provisions Section One: The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, rren or women, shall in all cases be assured as though in each case fully expresspli • -13- • Section Two: The invalidity of any one or more phrases, sentences, clauses, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof, all of which are inserted conditionally on their being held valid in law and in the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained herein should. be invalid, this Declaration shall be construed as if such invalid ai i_d, phrase, sentence, clause, paragraph, or section had not been. inserted. Section Three: These covenants, restrictions, reservations and conditions shall remain in full force and effect for a period of twenty (20) years fruit the date hereof. Thereafter, they shall be deemed to have been renewed for succes- sive terms of. ten (10) years, unless revoked or amended as beerei_nabove provided® Section Four: In the event that any provision or provisions- of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of -the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later, Section Five: In the event the Association employs air,- a btorney to enforce any provision of the Declaration, the Articles or Bylaws of the Association., or rules and regulations adopted by the Association, the prevailing party in said action shall be entitled to the award of reasonable attorney's fees and costs incurred in said. action. Section Six: Except as provided in Article Twenty of the Declaration, the Declaration may be amended by an instrument executed by the President and Secre- tary of the Association for and on behalf of the Lot Owners. The Association is hereby authorized to record or to cause to be recorded said instruments The Association shall only be authorized to execute and record said amendment on behalf of Lot Owners after said amendment shall be approved by a vote of the Lot. Owners having seventy-five (75%) per cent of the total votes. Vofc shall be cast by written ballot either in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent to all Lot Owners not less than ten (10) days nor more than fifty (50) days in advance of said meeting. All Lot Owners may also vote by executing a document in writing consenting to the said amendment which written consent may be submitted either prior to or within one hundred twenty (120) days following the date of said meeting.. All Lot Owners hereby grant to the Association a full and complete power of attorney to take any and all actions necessary to effectuate and record said amendment and agree that said amendment when authorized and recorded as provided in this Article shall be binding upon their property and them and their respective heirs, personal representatives, successors and assigns to the same extent as if they had personally executed saidamendment. All Lot Owners hereby acknowledge and agree that the power of attorney herein granted shall be deemed coupled with an interest and shall be irrevocable. • -14- • Section Sevens .Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Associa- tion shall be deemed pr�--ierly given_if mailed by ordinary mail to the last arlccress furnished to the Developer or the Association, and said notices shall be deemed given when deposited in a United States Post Office.. In the event there shall be more than one Owner of any Lot, notice to any one of said Owners shall be deemed notice to all Owners. DATED this day of . , 1979- • - NSON:DEAN CORPORATION . By . P. Edward Dean, Jr., President. STATE OF WASHNGI'ON. ). - _ • SS. - COUNTY OF KING ) On this day of r 1979, before Ue, the un- dersigned, a Notary Public in and for the State of&Washington, duly commissioned and sworn, personally appeared P. Edward Dean, Jr.. , President of Swanson--bean Corporation, the corporation that executed the. foregoing instrument, and acknogl- edged the said instrument to be the free and voluntary act and deed of the• said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affix. is the corporate seal of said corporation. WITNESS my hand and official. seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington., residing at • • -15- • .,......-._-..,.�. .- -.czw_...r±i..-.zv!..•R»: "-`".="";, '•;::r->; >., :7��-�->:'•,-`.?< :.I::di•u"'i-.X'c7i-.u^` >t✓ e,._,:tr:..tn ia'. -..N.=�^:ir.,.. i'..ii:'�..r-.r,.y.,t.`: '„'s.._p, a✓'", /7/ , I S . CITY OF RENTON, WASHINGTON . .•- 4'.' '. ENVIRONMENTAL CHECKLIST FORM , 1 !_ ,-• .� t t. .. • . Ac n;u„u FOR OFFICE USE ONLY ::� i Application No ( yi'r7 (, ; ,.): , :i•` Environmental Checklist No. 1� 7 � %/l" .J_ _ PROPOSED, date: FINAL , date: • Declaration of Significance Declaration of Significance Declaration of Non-Significance 0 Declaration of Non-Significance COMMENTS: Introduction The State Environmental Policy Act of 1971 , Chapter 43.21C, RCW, requires DI state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an EIS be . prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist i-s to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers , include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to • your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I . BACKGROUND 1. Name of Proponent Mr. and Mrs. Ivan Werstiuk 2. Address and phone number of Proponent: 237 169th N. E. • Bellevue WA 98008 ' (.206) 747-5026 3. Date Checklist submitted May 25, 1978 • 4. Agency requiring Checklist City of Renton 5. Name of proposal , if applicable: Kennybrook Townhouses; Renton, Washington 6. -Nature and brief description of the proposal (including but not limited to its size, general design elements, and other factors that will give an accurate understanding of its scope and nature) : The project proposes 30 Townhouses located on approximately 5.5 acres of land in north Renton. The townhouses will range in size from 1600 sq. ft. , 21_10.(Ls.q.___^ft_,:__Znsi_?0.Qf_sa,_---ft. w.:Lt.1..eII't acbc.LcL oar_aos_,_addi ti ona1 . The units will have 2to 2.5 levels stepped into the site and be of light wood frame construction. The units will be designed to attract adults without ' families. . GO -2- 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts , including any other information needed to give an accurate understanding of the environ- mental setting of the proposal ) : The project is located in north Renton at the top of a hill with a very small stream running through a draw• in the middle of the site. The Town- house units are located on IT clatter ground above and overlookiT th Vtr_e �o ag �mpris�d gen � a-_m� d step slope __ egetation his digit,L e ium, and heavy. -Portions he site have—fiad— previous__d_e.velopment. There is excellent a.c_e._s to the site, and all util- ities including torm drainage are available. The strem does nt have sufficient o to fat un eL..,the was ip ton _Shorellne ManagementAct, or De artment of Fisheries. 8. Estimated date for completion of the proposal : December, 1979 • - 9. List of all permits , licenses or government approvals required for the proposal (federal , state and local --including rezones) : City of Renton: approval of preliminary and final P.U.D. application and b�lildincLOQrmit, 10. Do you have any plans for future additions , expansion, or further activity related to or connected with this proposal? If yes , explain: No 11. Do you know of any plans by others which may affect the property covered by your proposal? If yes, explain: No 12. Attach any othnr application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: City of Renton rezone of property• II . ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) (1) Earth. Will the proposal result in: (a) Unstable earth conditions or in changes in geologic . X substructures? y€s-- MAYBE NO (b) Disruptions, displacements , compaction or over- covering of the soil? X YES MAYBE NO • (c) Change in topography or ground surface relief features? X RAYTE N (d) The destruction, covering or modification of any X unique geologic or physical features? Yrs MAYBE Fr (e) Any increase in wind or water erosion of soils , X . either on or off the site? YES MAYBE NO (f) Changes in deposition or erosion of beach sands , or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the X bed of the ocean or any bay, inlet or lake? T -- MAYBE NO Explanation: The site contours will be rearranged to accommodate the buildings. of This will be done with balanced cut and fill so as . of to require the additions or reuiovsaLto or from the ite. Earth_Deriiis t.Q. ov1 __ Antd_use_Arnc1 ae thet1 c enhancement will require pvercoverinq soil . All topsoil disturbed at site will J S.tnckpiled_ansl redl&trlbuted to the sire_ No major relocation of soil is anticipated. Potentially some water. eros.ion can occur. To offset this , all �w itor-front-laui�di►�gs— �a�l- o -v� `= nti on facilities on site by storm water lines to minimize the problem. -3- • (2) Air: Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? X hiAYak NU— , (b) The creation of objectionable odors? X YES I[KY-IlT L1i (e)', Alteration of air movement, moisture or temperature, or any change in climate , either locally or regionally? X YEs RATLt-E ifb� Explanation: None • • (3) Water. Will the proposal result in: (a) Changes in currents . or the course of direction of X hater movements, in either marine or fresh waters? • YET— RATff PdC) (b) Changes in absorption rates , drainage patterns, or the rate and amount of surface water runoff? X YE- 4AYBE 4- _ (c) Alterations to the course or flow of flood waters? X YES— Wear Pil1� ('d) Change in the amount of surface water in any water body? X YET MAYBE NO (e) Discharge into surface waters , or in any alteration surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X Yt3— AY1i€ WO— (f) Alteration of.the direction or rate of flow of ground waters? X YES"' MAYBE NO (g) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? X YES! WAYBE hO (h) Deterioration in ground water quality, either through direct injection , or through the seepage of leachate, phosphates , detergents , waterborne virus or bacteria , or other substances into the ground waters? X YES— MAYBE (i ) Reduction in the amount of water otherwise available for public water supplies? X YES` RATTfrNb Explanation: (b & d) The p roject will ' develop a closed storm water system to direct water t0--dbten ion facilities to met ter into € ex1_s -,ag storm war Sy5.tem to ainimizF thisimpact._ Retention fiurilities will be developed to City standards. (4) Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees , shrubs , grass. crops , microflore and aquatic plants)? X Y> s- fdAYEi€ N� (b) . Reduction of the numbers of any unique , rare or endangered species of flora? X v is RTYVELi (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing • species? X YES LiAY(iE NO (d) Reduction in acreage of any agricultural crop? X Yl S" flAY NE NO planation: Limited number of trees to be removed for development as well as underbrush. Net replacement in trees will substantially increase supply on site. All species introduced to the area will be indigenous to the region and will reinforce flora at the site. Additional shrubs , native to the area, w ;11 be added. Native grasses will also be added. f 'i (5) Fauna. Will, proposal result in: (a) Changes in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles, fish and shellfish, benthic organisms , insects or microfauna)7 X YES PS« BE NO— (b) Reduction of the numbers of any unique, rare or endangered species of faunal X YES MAYBE NO (c) Introduction of new species of fauna into an area , or result in a barrier to the migration or movement of fauna? __ X TE— MAYBE NO (d) Deterioration to existing fish or wildlife habitat? X Y E S aT is Explanation: Some field rodents will be dislocated consistent with_, new development. Additional trees will create more bird habitats ; stream- scaping will increase habitats for water orientated animals. (b) Noise. Will the proposal increase existing noise levels? X YE� MANE iiO Explanation: —None _ (7) Licht and Glare. Will the proposal produce new light or glare? X Y€ FA Yl3 E FiO— Explanation: Minor additional light to Kennewick Place - however, this will be offset by a light_absorbingtree buffer. `_ - — (8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? X YTS FATiffND Explanation: None (9) Natural Resources. Will the proposal result in : (a) Increase in the rate of use of any natural resources? X YES MAYBE NO (b) Depletion of any nonrenewable natural resource? X YES MKYBE NO Explanation: None • — I (10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including , but not limited to, oil , pesticides , chemicals or radiation) in the event of an accident or upset conditions? X YES M-AY t rid Explanation: None • (11) Population. Will the proposal alter the location , distri- bution, density, or growth rate of the human population X of an area? _ Yam- MAYBE Fill Explanation: The proposal will increase the population of the area by 60 to 80 people with 60 people closer to anticipated total . The project will be directed at couples without families; additional bedroom anticipates guests for short term stays. forN ( 12) Housing. Will proposal affect existing housing X create a demand for additional housing? YES ' MAYBE NO Explanation: The proposal will add to the existing supply of Renton, and will not create a demand for additional housing. (13) Transportation/Circulation. Will the proposal result in: (a) Generation of additional vehicular movement? YES MAYBE NU (b) Effects on existing parking facilities . or demand for new parking? X YES MAYBE NO - (c) Impact upon existing transportation systems? X YES MAYBE rii)— (d) Alterations to present patterns of circulation or movement of people and/or goods? X YES F1AYEIE NO (e) Alterations to waterborne , rail or air traffic? X YES M,1YBE N (f) Increase in traffic hazards to motor vehicles , • bicyclists or pedestrians? X YES MAvME= Ho Explanation: The proposal will generate between 30 and 60 vehicles to the area. This traffic will be directed from Kenniwick Place N.E. (not fully utilized) to I-405 and not affect substantially the City Transportation System. ----___--_ ( 14) Public Services. Will the proposal have an effect upon , or result in a need for new or altered governmental services in any of the following areas : (a) Fire protection? X _ __ YES MAYBE N O (b) Police protection? X YES— MAYBE NO (c) Schools? YES MAYBE NO (d) Parks or other recreational facilities? X YES MAYBE NO X (e) Maintenance of public facilities , including roads? YES MAYBE NO (f) Other governmental services? X YES MAYBE NU Ex lanation: Minor effect on fire, police and recreation facilities not -erouyh;t- of f_ .-t ch nges i n current—pa-ay.c:y. -Ncgl j gi b"Te effect on school s as project will be directed to adults only. Negligible effect on other governmental services . Negligible effect on roads. (15) Energy. Will the proposal result in: (a) Use of substantial amounts of fuel or energy? X YES MATE O— M Demand upon existing sources of energy, or require the development of new sources of energy? X X YE1— MAY-? N ti None Explanation : — ._ (16) Utilities. Will the proposal result in a need for new systems , or alterations to the following utilities : (a) Power or natural gas? X YES MM YBE NO (b) Communications systems? X YES MAYBE t40 (c) Water? X YES MAYBE NO • -6- (d) Sewer or septic tanks? X_ YES MAYS N0 (e) Storm water drainage? X YES MA SE NS (f) Solid waste and disposal? _ X_ • YES MAYBE NO Explanation: None • (17) Human Health. Will the proposal result in the creation of any—health hazard or potential health hazard (excluding mental health)? YES MAYBE Explanation: None (18) Aesthetics. Will the proposal result in the obstruction of . any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X YES MA'. ITC NS Explanation: None • (19) Recreation. Will the proposal result in an impact upon the X quality or quantity of existing recreational opportunities? YES- MAYBE NS Explanation: Some minor affect may be experienced on demand for City recreation facilities; however, residents will tend to use )rivate facilities. (20) Archeological/Historical . Will the proposal result in an alteration of a signifi ant archeological or historical site, structure, object or building? X YES MAYBE NO Explanation: None • III, SIGNATURE I , the undersigned, state that to the best f my knowle ge the above inforiation is true and complete. It is understood that the .,te141 d a enc , icax withdraw an dEcla- ration of non-significance that it might issue `lh `1a c ehls• 1 ckl s 's ld there be any willful misrepresentation or willf I , f fu, � s o u e o „ a4. 4 Proponent: Ct fli1 ('fhC. '.� ?"j6-2Piv . (signed) .J nme rinted) Donald E. Bazemore Agent for Mr. & Mrs. Ivan Werstiuk City of Renton Planning Department 5-76