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LUA02-129
r C SHANNON&WILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS • =m 1 . l L __ Former Ribera Balko Short-plat Property Wetland and Stream Buffer Mitigation Baseline Performance Monitoring Report Renton, Washington September 2, 2008 WA02-IZ1 1-0 SF SHANNON 6WILSON,INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Excellence. Innovation. Service. Value. Since 1954. Submitted To: Mr. Tom Foster Fourth Avenue associates, LLC 6450 Southcenter Blvd., Suite 106 Seattle, Washington 98188 By: Shannon &Wilson, Inc. 400 N 34th Street, Suite 100 Seattle, Washington 98103 21-1-12193-004 SHA1 V i SON V V I LSO N.INC. 1 , TABLE OF CONTENTS { Page 1.0 INTRODUCTION AND SITE DESCRIPTION 1 2.0 MITIGATION 1 3.0 PERFORMANCE MONITORING AND SUCCESS CRITERIA 3 4.0 METHODS 4 4.1 Comprehensive Plant Count 5 • 4.2 Belt Transect Sampling Plots 5 5.0 RESULTS 5 5.1 Plant Installation 6 5.2 Comprehensive Plant Count 6 5.3 Percent Areal Cover 7 5.4 Noxious and Nuisance Weeds 8 5.5 Maintenance Concerns 8 5.6 Wildlife Observations 8 6.0 CLOSURE 9 7.0 REFERENCES 10 LIST OF TABLES Table No. 1 Baseline Monitoring Comprehensive Plant Count Results 2 Baseline Monitoring Belt-Transect Sampling Results LIST OF FIGURES Figure No. 1 Site Vicinity Map 2 Baseline Monitoring Map 3 Baseline Photopoints (7/16%2008) 21-1-12193-004-R1.doc/wp/CLP 21-1-12193-004 • 1 I ' TABLE OF CONTENTS (cont.) SHANNON EIWILSON,INC LIST OF APPENDICES Appendix A Performance Monitoring Data Sheets B Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Report • 21-1-12193-004-RI.doc/wp/CLP 21-1-12193-004 SHANNON iWILSON,INC. FORMER RIBERA BALKO SHORT-PLAT PROPERTY WETLAND AND STREAM BUFFER MITIGATION BASELINE PERFORMANCE MONITORING REPORT RENTON,WASHINGTON 1.0 INTRODUCTION AND SITE DESCRIPTION This report presents the f ndings of Shannon &Wilson, Inc.'s (Shannon&Wilson's)baseline performance monitoring of the wetland and stream buffer mitigation on the former Ribera Balko short-plat property. The purpose of baseline performance monitoring is to_document whether the mitigation plan has been implemented, identify adaptive or remedial actions to ensure that the goals of the mitigation are achieved, and establish baseline conditions for assessing the degree of • success or failure during subsequent monitoring events. The former Ribera Balko short-plat property, hereafter referred to as "the site"is currently an undeveloped, "L"-shaped parcel (King County Parcel No. 5182100020)bounded by NE 4h Street to the north and by residential and commercial-use properties on the east, west, and south in Renton, Washington. The site is approximately 5.98 acres, located within the NW 1/4 of Section 15, Township 23 North, Range 5 East(Figure 1). Maplewood Creek flows south along the west border of the site and exits the site through the middle of the southern border. In 2006, Shannon&Wilson delineated two wetlands on the site. One wetland straddles a portion of Maplewood Creek along the western portion of the property. A second, isolated wetland was delineated along the southern portion of the property, east of the point at which Maplewood Creek exits the site. 2.0 MITIGATION Mitigation was approved by the City of Renton(the City) in order to compensate for approximately 5,912 square feet(sf) of unavoidable impacts to the wetland/stream buffer, as a result of the proposed commercial/residential development. Buffer impacts are predominantly the result of construction of an engineered wall along the western perimeter of the stormpond at the south end of the site. A small portion of the impacted wetland/stream buffer is associated 21-1-12193-004-R1.doc/wp/CLP 21-1-12193-004 1 SI—IANNON E9 Y eIIL.SON,INC. with grading activities for future residences toward the center of the site. No structures will be constructed within the buffer. The City approved a Final Wetland and Stream Buffer Mitigation Plan prepared by Shannon& Wilson, dated March 27th 2007. The buffer mitigation plan was designed to establish a native plant community typical of the surrounding undisturbed buffer through restoration(5,912 sf), replacement(5,912 sf), and enhancement(16,012 sf). In total, the mitigation plan calls for installation of 627 native woody vegetation species spread throughout the impacted buffer, buffer replacement, and enhanced buffer areas. To reduce intrusion into the buffer, a cedar split- rail fence was installed around the perimeter of the mitigation areas and"sensitive areas" signs were installed at approximately 70-foot intervals around the perimeter of the site. Additionally, a"Maplewood Creek Tributary" sign is to be installed along NE 4th Street. At the request of the City, a stormwater pond landscaping plan was prepared and submitted in the Final Wetland and Stream Buffer Mitigation Plan. This stormwater landscaping is not subject to the performance monitoring requirements within the buffer mitigation plan. However, the City will require successful establishment of the stormwater plantings, as well as other landscaping(e.g., street trees or similar) associated with the site. Following the City's approval of the Final Wetland and Stream Buffer Mitigation Plan, Shannon&Wilson met with the City, the applicant and his representatives on August 30, 2007. During this meeting, we discussed the City's expectations regarding the control of Himalayan blackberry(Rubus discolor). The approved plan did not offer any success criteria regarding blackberry removal. However, the City requires that blackberry on site be controlled. To resolve this miscommunication, the City proposed that the applicant clear the entire buffer of blackberry prior to restoration while preserving the native vegetation where possible. Prior to clearing and grading, a silt fence was installed near the wetland boundary for temporary erosion and sediment control. Following the buffer clearing in September 2007, approximately 6 inches of mulch(wood chips) was spread throughout the entire buffer to suppress growth of blackberry and to stabilize the soil surface from erosion. These activities (clearing the entire buffer and spreading wood chips) were performed to accommodate the City's concern over • controlling blackberry throughout the buffer. However, these activities affected the performance monitoring success criteria within the approved buffer mitigation plan, which were revised, to remain attainable (see Section 3.0). 21-1-12193-004-RI.doc/wp/LKD 21-1-12193-004 2 1 SHANNON&WILSON,INC. Construction of the stormwater pond wall was completed in October, 2007. Installation of the native plants as described within the buffer mitigation plan was accomplished in the spring of 2008 by Offe Engineers. 3.0 PERFORMANCE MONITORING AND SUCCESS CRITERIA The City requires performance monitoring of the mitigation site for a period of five years. The monitoring program consists of a baseline report followed by quarterly monitoring events and reports during the first year and then annually thereafter. Table 1 provides a calendar for monitoring events. After each monitoring event, a performance monitoring report will be prepared to document the degree of success or failure in the mitigation area and to identify adaptive, remedial actions to ensure that the goals of the mitigation plan are achieved. The schedule for performance monitoring events is as follows: ► Baseline— July 16, 2008 (completed) ► Year 1,`1st Quarter— October 2008 ► Year 1, 2nd Quarter— January 2009 ► Year 1, 3rd Quarter— March 2009 ► Year 1, 4th Quarter— July 2009 ► Year 2— July 2010 ► Year 3 — July 2011 ► Year 4— July 2012 ► Year 5— July 2013 The final performance monitoring success criteria, as revised by Shannon&Wilson and Otak and approved by the City, are summarized below: Year 1 (Quarterly Monitoring): ► A minimum of 85 percent survival of installed woody vegetation during any quarterly monitoring event, or no more than 20 percent plant mortality of installed woody vegetation for the first year within the entire buffer area. ► No more than 10 percent areal cover of Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), English ivy(Hedera helix), and species listed by King County as Noxious Weeds of Concern and Non-designated Weeds throughout the entire buffer area. Il 21-1-12193-004-RI.doc/wp/CLP 21-1-12193-004 3 S lANNO1WMVVILSO ,INC. ► At the end of the first year, a wetland biologist will determine the extent of plant mortality that took place during that year by making a comprehensive plant count of the entire buffer area. All plant mortalities must be replaced during the fall or winter following the first year after plant installation. ► If plant mortality is greater than 15 percent following the comprehensive plant count, appropriate corrective measures will be taken to reduce the potential for further die back. Years 2 to 5 (Yearly Monitoring): ► A minimum of 85 percent survival of installed woody vegetation through year two within the entire buffer area. ► A minimum of 85 percent survival of installed woody vegetation through year 5 within the"enhanced"buffer area. ► Minimum areal cover of installed woody vegetation and volunteers of desirable native woody vegetation of 30 percent by end of year 3, 50 percent by end of year 4, and 70 percent by end of year 5 in the "restored" and "replaced"buffer areas. ► No more than 10 percent areal cover of Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), English ivy(Hedera helix), and species listed by King County as Noxious Weeds of Concern and Non-designated Weeds throughout the entire buffer area during any yearly monitoring event. ► After each monitoring event, Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), English ivy(Hedera helix), and species listed by King County as Noxious Weeds of Concern and Non-designated Weeds will be removed throughout the entire buffer area. Note that "percent of plant survival" is intended to reflect the percentage of living tree and shrub species initially installed and any subsequent plant replacements within the representative sampling transects (not including recruited species) relative to the number of tree and shrub species recorded during the baseline monitoring event. 4.0 METHODS A site visit was conducted on July 16, 2008, to record baseline conditions of the mitigation. Vegetative monitoring was conducted via a comprehensive plant count and establishing seven belt-transects. Plant condition(e.g., vigorous, living, stressed, dead) will be recorded at future monitoring events. Plant condition was not recorded during baseline monitoring because the purpose of the baseline monitoring is to determine the number of plants installed and provide a point of comparison for subsequent monitoring.events. Four repeatable photopoints were 21-1-12193-004-RI.doc/wp/CLP 21-1-12193-004 4 SHANNON 6W L SON,INC. established to provide a qualitative assessment of the buffer mitigation throughout the 5-year performance monitoring period (Figure 3). 4.1 Comprehensive Plant Count A comprehensive count of installed woodyplants was conducted throughout the mitigation g g site. Installed plants were flagged with pink flagging to ensure that they can be relocated during subsequent monitoring events. Desirable, recruited woody plants were flagged with orange flagging. The number of recruited plants was recorded but is not included in the comprehensive plant count totals. 4.2 Belt Transect Sampling Plots Seven permanent belt-transect sampling plots were established in the mitigation site (Figure 2). These transects were marked with green metal fence stakes driven into the ground at each end of the transect axes. Tips of the fence stakes were painted with orange spray-paint to increase their visibility. A tape rule, displaying tenths of a foot, was spanned across the top of the metal stakes, forming one axis of the transect(x-axis). A 5-foot long measuring stick, marked with tenths of a foot, was held perpendicular to the tape rule to form the second axis (y-axis). Sampling was conducted by walking parallel to the tape rule and holding the measuring stick level with one end flush with the tape rule. When woody vegetation was encountered, the I position of the plant along the x-axis was recorded by placing the measuring stick over the center of the plant. The width of the plant was recorded along the y-axis, again with the measuring stick held over the center of the plant. Where tree canopy was encountered, significant vertices within the transect were recorded to define the area of canopy cover. Percent ateal cover within the sampling plots was calculated as the area of cover of desirable woody vegetation(including installed and recruited) to area of the sampling plot. For shrubs, cover was calculated using the width of the plant as a diameter of a circle. For trees, cover was calculated as the area defined by significant vertices. 5.0 RESULTS During our baseline monitoring field work, we observed that the split-rail fence and temporary irrigation system had been installed. Vegetation had been installed in the"replacement," 21-1-12193-004-R1.doc/wp/CLP' 21-1-12193-004 5 SHANNON 6WILSO N,SNC. "enhancement," and"restoration"buffer areas. Some of the installed plants (Douglas fir and Indian plum) were showing signs of stress while others appeared to be thriving. At the time of our field work, signage had not yet been installed. However, it is our understanding that the applicant is in the process of obtaining these signs and anticipates that signs will be in place before the first quarterly monitoring event. 5.1 Plant Installation More plants than specified in the approved mitigation planting plan had been installed in the northern portion of the"enhanced"buffer. The Final Wetland and Stream Buffer Mitigation Plan specified only Douglas fir installation in the "enhanced"buffer. However, native woody shrub species, as well as Douglas fir, had been installed throughout the northern 100 feet of the "enhanced"buffer. Fewer plants than specified in the approved mitigation planting plan had been installed southeast of the isolated wetland, south of Maplewood Creek culvert, and along the western perimeter of the stormpond. However, is it is our understanding that the applicant is in the process of installing additional vegetation in these areas. 5.2 Comprehensive Plant Count Five hundred sixty-two plants were counted during the baseline monitoring. Table 1 summarizes the results of the comprehensive plant count and compares those to plant quantities specified,in the planting plan. The comprehensive plant count performed during the baseline monitoring is inclusive of both live and dead plants. Mortalities were not tallied but appeared predominantly among the Douglas fir, Oregon grape, and Indian plum. While this plant count was intended to be comprehensive, it is likely that some plants were missed during this plant count. At the end of the first year, another comprehensive plant count will occur. All plant mortalities identified during the second plant count will then need to be replaced. 21-1-12193-004-R1.doc/wp/CLP 21-1-12193-004 6 SHANNON WILSON,INC. TABLE 1 BASELINE MONITORING COMPREHENSIVE PLANT COUNT RESULTS Planitiug . BaseIiane Additional, Common:Name -' Scientific Name Plan* , '`:;Plant Planting. Indian plum Oemleria cerasiformis 126 88 38 Lewis'mock orange Philadelphus lewisii 100 105 0 ' Tall Oregon grape Mahonia aquifolium 108 111 0 Nootka rose Rosa nutkana 140 134 6 Douglas fir Pseudotsuga menziesii 153 124 29 TOTAL 627 • 562 73 Notes: ' * As specified in Table 1 of the Final Wetland and Stream Buffer Mitigation Plan(March 27,2007). ** The baseline plant count occurred after plants had been installed. Each plant was flagged with pink nylon flagging. It is likely that some plants were missed during this plant count. *** Additional plants required,which we understand will be replaced prior to first quarterly monitoring event. 5.3 Percent Areal Cover The combined areal cover for our baseline sampling was 37 percent. Table 2 contains a summary of sampling results. Appendix A contains performance monitoring field data sheets. Areal cover includes all desirable woody vegetation including installed and recruited vegetation. Areal cover from recruited vegetation within sampling plots primarily came from trees, including ' black cottonwood(Populus balsamifera), red alder(Alnus rubra), and willow (Salix sp.). Transects 6 and 7, although partially located in the"enhanced"buffer area, are representative of ' the"replaced"buffer vegetation. , TABLE 2 BASELINE MONITORING BELT-TRANSECT SAMPLING RESULTS °Tr.ansect`-: :: `,.Transect Percent >Dimensions`: Area Number-.. . Areal. ' Trained,' "`` (lxw) (sq.ft.) ,of Plants 17,1Covei**:": 1 25 x 10 250 29 91 2 25 x 10 250 30 45 3 25 x 10 250 22 13 4 50 x 5 250 22 53 5 100 x 5 500 10 N/A*** 6 25 x 10 250 20 10 7 25 x 10 • 250 17 9 TOTAL 2000 150 37 Notes: * Number of plants includes only installed vegetation specified within the approved planting plan. See Table 1 of the Final Wetland and Stream Buffer Mitigation Plan(March 27,2007). ** Percent areal cover includes both installed vegetation and desirable recruited woody vegetation. 1 *** Areal cover was not recorded for the"enhanced"buffer area where only Douglas fir was installed. 21-1-12193-004-R1.doc/wp/CLP 21-1-12193-004 7 SHANNON E2 d IL_SON,INC. 5.4 Noxious and Nuisance Weeds , The initial clearing of the buffer areas and placement of mulch has suppressed weeds throughout most of the site. Three areas were identified during baseline monitoring where noxious and j nuisance weeds were abundant and control is required. In two of these areas, located southeast of the isolated wetland and south of the Maplewood Creek culvert, Himalayan blackberry was •observed growing among the existing native vegetation. In a third area, located north of the Maplewood Creek culvert on the west side of the site,reed canarygrass p (Phalaris arundinacea) was observed growing in an area that had been cleared but did not appear to contain sufficient mulch to suppress weeds. The City requires that weed control be completed using manual control methods and will allow appropriate herbicide use only after all manual control methods have failed (Otak, 2008). If after the first quarterly monitoring event, hand control methods are proving insufficient at controlling noxious and nuisance weeds, we will request the City allow use of limited herbicide. 5.5 Maintenance Concerns _ I Following the baseline monitoring, maintenance concerns were identified and recommendations were made,to the applicant. Those maintenance concerns are summarized as follows: ► An additional 73 plants are required to be installed in order to meet the minimum requirement of the planting plan. These installation should occur prior to the City's baseline inspection. Vegetation should be installed along the western perimeter of the stormpond, southeast of the isolated wetland, and south of Maplewood Creek culvert. ► At the time of our baseline monitoring mulch was not present around the perimeter of the stormpond and north of the Maplewood Creek culvert. Four to 6 inches of mulch should be spread throughout the buffer area to help suppress weeds and retain soil moisture. ► Maintenance to control weeds (Himalayan blackberry, reed canarygrass, thistle, and Japanese knotweed) should be conducted while plants are still easy to control by hand. 5.6 Wildlife Observations As the site is within an urban environment, corridors and undisturbed connections to wildlife habitat are limited. However, during our baseline monitoring site visit a deer was observed in the ditch/stream that runs along the vacant property south of the mitigation site. 21-1-12193-004-R1.doc/wp/CLP 21-1-12193-004 8 I, I SHANNON&WILSON,tlILSON,INC. It is likely that domesticated animals and animals that have naturalized to the urban environment may be more prevalent. A large brown rat was observed climbing within the vegetation in the site wetland associated with Maplewood Creek. 6.0 CLOSURE - The findings and conclusions documented in this report have been prepared for specific application to this project. They have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area. The conclusions and recommendations presented in this report are professional opinions based on interpretation of information currently available to us and made within the operational scope,budget, and schedule constraints of this project. No warranty, express or implied, is made. This report was prepared for the exclusive use of Tom Foster and his representatives. We have prepared the document, "Important Information About Your Wetland Delineation/Mitigation Report," (Appendix C) to assist you and others in understanding the use and limitations of our reports. SHANNON & WILSON, INC. Brooke Erickson Pe has Biologist Bio ogis BXE:PCJ:KLW:bxe 21-1-12193-004-R1.doc/wp/CLP 21-1-12193-004 9 SHANNON EIWILSON,INC. 7.0 REFERENCES Shannon&Wilson, Inc., 2007, Former Ribera Balko Short-plat Property Final Wetland and -.I Stream Mitigation Plan: Report prepared by Shannon&Wilson, Inc., Seattle,Wash., 21-1-12193-004, for Tom Foster, Fourth Avenue Associates, Seattle,Wash., March, 27. Otak, 2008, Secondary Review of the Revised Performance Standards for the Impacts to Critical Areas Associated with the Ribera-Balko Short Plat, LUA 02-129: Technical memorandum prepared by Otak, Kirkland,Wash., 31033, for Andrea Petzel, City of Renton, March, 14. - i f i 21-1-12193-004-RL.doc/wp/CLP 21-1-12193-004 10 ,, I • o NE MI Z PE 6Thi _ az *ST- 51 a 'c-' W 1 EUt,Y,r z \,;..":-. Washington -s�Y xI� , r- _ si 2 al'.,- S Em= = IF '( �` rE SjyS a!sr ;PIE hr-- E - Renton m� NE rr rGl w b `NE.aN = Q .i. g le � y lw w z �v Project a 4TH 1a'* = = I S7 ;T- �! J' _4 Location < yr N n i a 1 �: 'E _ �G W ' -` `� 3E0-la r In E 10 r J AL ME 1r. u Y ' g i SE 129Tx 4'>�. _' re:r `u r , = PA101C ran Moro f ...` 3 - PL ' T=f < 3s .,.., • .-- Y "34% 'l 5 _s PROJECT 0 _f S z..=y m4 1.. 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' { SE r dm r 7,,4 "�Y.z.raj*2 X-. it co co 0 O 0 1/4 1/2 1 N I I I Former Ribera Balko Property Wetland and Stream Buffer .o Scale in Miles Mitigation Monitoring O Renton, Washington NOTE VICINITY MAP Reproduced with permission granted by THOMAS BROS. MAPS®. 5 This map is copyrighted by©Rand McNally, R.L. 08-S-34. It is unlawful to copy or reproduce all or any part thereof,whether for September 2008 21-1-12193-004 E personal use or resale,without permission. All rights reserved. u SHANNON& WILSON, INC. FIG. 1 Geotechnical and Environmental Consultants LL Photopoint 4 Northeast 4th Street (Renton) Transect 7 :,:, — N ::44. 1 . 1 v;:4 . • r i 1 i %^:. ...... .,... i••, ••• y.: \ Transect 6 o... Plt, e goo$ ` P t 2 .% ;so,i 1 a Approximate Location "C\ I 1 t�4 of Maplewood Creek \\ '• LEGEND 0;4 i i ���\\\\ Impacted Buffer :;... 1 i (5,912 Square Feet) \ �` �..�.�.�.•..o.o Buffer Replacement I ( \ • United States Post Office (5,912 Square Feet) I \ =` \ `�` Renton Branch Buffer Enhancement iI 1 -I 1\)./—Transect 5 (16,012 Square Feet) c z 'i \ K / \ ' 1 1 0 ""11 I 1 NOTES Wetland A P o (30,612 Square Feet) \ , s.1 pit 7 I Photopoint 3 1. Figure adapted from electronic files N Category 3 Wetland \ i provided by client on 1-31-2007. rn f o i V • 2. Transect locations are approximate. 1 N 1 I �\1 tc) I 0 80 160 Transect 4 , A F- _( _I I °' 1 Photo point 2 Scale in Feet (7, ` \ \ `y P 5 \� \ \ \\MOtOpOirlt 1 9 \ I I � Transect 1 -..-_-- g \ \ "1,0 Former Ribera Balko Property 1 ' Sda I Wetland and Stream Buffer C ; I .0 \ • `•�i i, �tB s \ A Mitigation Monitoring Transect 3 "`''`"•�' Renton Washington �, BASELINE PERFORMANCE N I Transect 2 — MONITORING Wetland B I iJ. (1,738 Square Feet) Not Regulated per RMC I September 2008 21-1-12193-004 ui _ E co SHANNON&WILSON, INC. FIG. 2 a) Geotechnical and Environmental Consultants LL Filename:T:\Project\21-1\12193 RiberaBalko\AV mxd\21-1-12193 Fig-3 mxd 08/29/2008 BXE Photopoint 1 -July 16, 2008 •!a 71t7 r;s „ 4 J 1 i , - i •. . iwipiii ,ilil tat it • '4 did''r'f..k NNE - ,' W E Photopoint 2-July 16,2008 -r \ n..E • y .•NC ;, . . `t . ` J , f, SE S W N Former Ribera Balko Property Wetland and Stream Buffer Mitigation Monitoring Renton, Washington BASELINE PHOTOPOINTS September 2008 21-1-12193-004 SHANNON bVNILSON,INC. FIG. 3 Sheet 1 of 2 Filename:T\Project\21-1\12193 RiberaBalko\AV mxd\21-1-12193 Fig-3.mxd 08/29/2008 BXE Photopoint 3 -July 16,2008 1 S W N Photopoint 4 -July 16,2008 IM-• 4 ..i . • in IT 41i ,�.r , , , 4+ rttt r+ 1t y V.:, 1 11'4: - - _ -. k S E W Former Ribera Balko Property Wetland and Stream Buffer Mitigation Monitoring Renton, Washington BASELINE PHOTOPOINTS September 2008 21-1-12193-004 SHANNON&WILSON.INC. FIG. 3 NTSSheet 2 of 2 SHANNON&WILSON.INC. • Z.y APPENDIX A PERFORMANCE MONITORING DATA SHEETS _ I � ! 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S _i....3.a,�f:F „ ..,x'"�` »''�,.-°'v5;'�X?, .,r}, '.".-sue,_..� �r��' vi1c: ,�'.", _ _ ... ,......a..Yr ..,'SLne.,1-..w.3 ,.e r...- ..a;'Sc�..t + ,.5, :"":,•x.. may .� '.'�',v Soli'.;,_` , f.,,:S-xam v _.. ..w, .'S 5....:,.'xa.s. i4'a. �y t. - n t. 'r':,°€'`!, - aS.q::. �' '.vr*ei°+��M Y#'.•. •''-:.l�r «t_,,+.�...a.,.-�"�... 'a:-z~E:,,�`��"�~ a T .- '.)�-': GENERAL INFORMATION ::f' 3;" CHNG EVENT F �•THIS MONITORING EVENT CHNG FROM BASELINE <y_A Symbols Common Name Scientific Name w i o Ai.,(-la- Quantity2 %Cover3 Cover Type4 IN/NS Quantity %Cover Cover Type %Survival° %Cover ore-oast... Pl,;\,elsi,L,uS ieta,si�,i S 5 . Li j.. 5— ,� .5A A Li 2 PP Zvskleon ?IppVO\ Q;}�wkIA-r;rt c.e re.si7t7rhi) '2-, 0 D(„ .2. �f n/�A u' 3 A IN ab4 1C t ) e -e t�OS� t&0t"kdUl.~ y' U S✓^ 1 �.a 5� z y o.2 1 L a 4 Lr TiwI( vre�a�gtu.i�• y�lullov,iA ALVi�Glivw. �- b,I SG 7 0,! 5(, oQ na.,,t,.s . e'r f'.5Q„aA1-5.-er?0 ct,e.-Iasi/ L . 3,1 3L,- 2 Y 3.1 .s4 - . U I , a e \ 0 9 •• S 10 TOTALS ... ,::•_^_<..-=a-.=-.=�.. " ..:�...m, :_4 .v �d N.,tsSyl<nb oe d " el ans4.d aclw#at_tCbet__ws Quarit _ 0ltalte ,18t& . ° Eay4Y�sx -n.stlietrit", e.vla.p,�w�:v YPi== r.a' h5tir" )iSt LvStae ,F=',isald:y;_Vluritee?N==sF1 loust uisa�ce;= ::=- Y a ,rvlvattsa�,refat ;-�a"c1 l,o n.. :bhyhm eo r ^na!nu mb ii ce•ns lfr. .wYthfniit�i Ft'rg lil[to.aho,st:y ve„ u:�»� k"r: : ,. ... : ... ,:;.a. , �' z• : - - <. . . ..-_ r + �-; -:.. . ,:•;:"(Draw a picture of the belt transect,showing the plant locations for future reference. Include a north arrow and distinctive features for'context) /` — % \— - w W __ r6777-*\)� _ 1- U t h (ilk, - 4 , I 1——__ t {-_�--__,-_— I--- I I I , — _ _ G _ 43 `Z -1 _Q a_ -CD = o - ._ _. 6 14 _ �k ,�.:Y.:,1 f.YS. ,4e'tt*':T�,+•�„Y, C..•��yy'Y�iZLaa.� .i�'.:Ta:a9"_P. .+�.7.`x <`Yi....e:r "�"1'. ,e:.}*L' .', .+ .x,au �."'C:l.,. F.:Ya�..Jb....-;hS..v4' .. L:A~a:°'a`:: •=f":+,.s� `.`tn'::,,�7�::ye.. 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Attachment to and part of Report Geotechnical and Environmental Consultants • Date: September 2,2008 To: Mr.Tom Foster Fourth Avenue Associates,LLC IMPORTANT INFORMATION ABOUT YOUR WETLAND, DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT A WETLAND/STREAM REPORT IS BASED ON PROJECT-SPECIFIC FACTORS. Wetland delineation/mitigation and stream classification reports are based on a unique set of project-specific factors. These typically include the general nature of the project and property involved,its size,and its configuration;historical use and practice;the location of the project on the site and its orientation; and the level of additional risk the client assumed by virtue of limitations imposed upon the exploratory program. The jurisdiction of any particular wetland/stream is determined by the regulatory authority(s)issuing the permit(s).As a result, one or more agencies will have jurisdiction over a particular wetland or stream with sometimes confusing regulations. It is necessary to involve a consultant who understands which agency(s)has jurisdiction over a particular wetland/stream and what the agency(s) permitting requirements are for that wetland/stream. To help reduce or avoid potential costly problems,have the consultant determine how any factors or regulations(which can change subsequent to the report)may affect the recommendations. Unless your consultant indicates otherwise,your report should not be used: ► If the size or configuration of the proposed project is altered. ► If the location or orientation of the proposed project is modified. ► If there is a change of ownership. ► For application to an adjacent site. ► For construction at an adjacent site or on site. ► Following floods,earthquakes,or other acts of nature. Wetland/stream consultants cannot accept responsibility for problems that may develop if they are not consulted after factors considered in their reports have changed. Therefore,it is incumbent upon you to notify your consultant of any factors that may have changed prior to submission of our fmal report. Wetland boundaries identified and stream classifications made by Shannon&Wilson are considered preliminary until validated by the U.S. Army Corps of Engineers(Corps)and/or the local jurisdictional agency. Validation by the regulating agency(s)provides a certification, usually written,that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified date,or until the regulations are modified,and that the stream has been properly classified. Only the regulating agency(s)can provide this certification. MOST WETLAND/STREAM "FINDINGS"ARE PROFESSIONAL ESTIMATES. Site exploration identifies wetland/stream conditions at only those points where samples are taken and when they are taken,but the physical means of obtaining data preclude the determination of precise conditions. Consequently, the information obtained is intended to be sufficiently accurate for design,but is subject to interpretation. Additionally,data derived through sampling and subsequent laboratory testing are extrapolated by the consultant who then renders an opinion about overall conditions,the likely reaction to proposed construction activity,and/or appropriate design. Even under optimal circumstances,actual conditions may differ from those thought to exist because no consultant,no matter how qualified,and no exploration program,no matter how comprehensive,can reveal what is hidden by earth,rock, and time. Nothing can be done to prevent the unanticipated,but steps can be taken to help reduce their impacts. For this reason,most experienced owners retain their consultants through the construction or wetland mitigation/stream classification stage to identify variances, to conduct additional evaluations that may be needed,and to recommend solutions to problems encountered on site. Page 1 of 2 1/2008 i WETLAND/STREAM CONDITIONS CAN CHANGE. Since natural systems are dynamic systems affected by both natural processes and human activities,changes in wetland boundaries and stream conditions may be expected. Therefore, delineated wetland boundaries and stream classifications cannot remain valid for an indefinite period of time. The Corps typically recognizes the validity of wetland delineations for a period of five years after completion. Some city and county agencies recognize the validity of wetland delineations for a period of two years. If a period of years have passed since the wetland/stream report was completed,the owner is advised to have the consultant reexamine the wetland/stream to determine if the classification is still accurate. Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or water fluctuations may also affect conditions and,thus,the continuing adequacy of the wetland/stream report. The consultant should be kept apprised of any such events and should be consulted to determine if additional evaluation is necessary. THE WETLAND/STREAM REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when plans are developed based on misinterpretation of a wetland/stream report. To help avoid these problems, the consultant should be retained to work with other appropriate professionals to explain relevant wetland,stream,geological,and other findings,and to review the adequacy of plans and specifications relative to these issues. DATA FORMS SHOULD NOT BE SEPARATED FROM THE REPORT. Final data forms are developed by the consultant based on interpretation of field sheets (assembled by site personnel) and laboratory evaluation of field samples. Only final data forms customarily are included in a report. These data forms should not, under any circumstances,be drawn for inclusion in other drawings because drafters may commit errors or omissions in the transfer process. Although photographic reproduction eliminates this problem,it does nothing to reduce the possibility of misinterpreting the forms. When this occurs, delays,disputes,and unanticipated costs are frequently the result. To reduce the likelihood of data form misinterpretation,contractors,engineers,and planners should be given ready access to the complete report. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of information always insulates them from attendant liability. Providing the best available information to contractors,engineers, and planners helps prevent costly problems and the adversarial attitudes that aggravate them to a disproportionate scale. READ RESPONSIBILITY CLAUSES CLOSELY. Because a wetland delineation/stream classification is based extensively on judgment and opinion, it is far less exact than other design disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in written transmittals. These are not exculpatory clauses designed to foist the consultant's liabilities onto someone else;rather,they are definitive clauses that identify where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report,and you are encouraged to read them closely. Your consultant will be pleased to give full and frank answers to your questions. THERE MAY BE OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consultant will be pleased to discuss other techniques or designs that can be employed to mitigate the risk of delays and to provide a variety of alternatives that may be beneficial to your project. Contact your consultant for further information. Page 2 of 2 1/2008 • 0.° 18000 International Blvd.South,Suite 510 ��` .. p y� * SeaTac, WA 98188 V i. V 11/ / 'o P 206-770-8700 ♦ 888-896-1443 title -commercial division E-Fax Number-. 206-770-6579 Title Officer: Robert B.Jackson Phone: (206)770-8860 E-mail: rjackson@stewart.com Fax: 206-802-9344 Title Officer: Don Peters Phone: (206)770-8868 E-mail dpeters a©stewart.com Fax: 206-802-9344 • Reference: LANGLEY 4TH AVENUE ASSOCIATES,LLC Order Number: 208163103 SCHEDULE A 1. Effective Date: January 28,2008 at 6:00 a.m. 2. Policy Or Policies To Be Issued: ALTA OWNER'S POLICY, (10117/92) Amount: ( ) STANDARD ( )EXTENDED Premium: Tax: Total: $ 0.00 (X)ALTA EXTENDED LOAN POLICY, (8/17/06) Amount TO BE DETERMINED COMMERCIAL REORGANIZATION RATE Premium: Tax: Total: $ 0.00 Proposed Insured: SEATTLE MORTGAGE COMPANY, iTS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4, Title to said estate or interest in said land is at the effective date hereof vested in: LANGLEY 4TH AVENUE ASSOCIATES, LLC,A WASHINGTON LIMITED LIABILITY COMPANY • 5. The land referred!to in this commitment is described as follows: See Attached Legal Description Ella004 No.CG A2L8163103 TSteWart TA 0043CG Commitment(6/17106)-Schedule B i Page 1 of 11 title guaranty company I'd Z6Z0-886-9Zti saeeul6u3 ee}O dt0:01. 90 90 JeN • Purported Address: • 4225 4TH AVENUE NORTHEAST RENTON, WA 98055 • • • • Me No.: 20S16LTA Commitment n�.r. e j � 0043CG ALTA Commitment(6117/06)—Schedule 6 I �` �/1/ Page 2 of 11 title guaranty company Z•d Z6Z0-886-9Zib saeeui6u2 ej40 dZ0:01, 80 SO J81/11 1 Exhibit A LEGAL DESCRIPTION File Number.208183103 PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING NUMBER 19990623900005. ' Fie No.: 2013 l a O(>43CG ALTA Commitment(9f17/l76)—Schedule B I ste1/{/ f Page 3 of 11 t1Ue guaranty company 1 0'd Z630-896-9Z17 sAeaui6uD ego dZ0:06 20 90 AeN COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. • B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii)water rights, claims or title to water;whether or not the matters described (i), (ii)&(iii)are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps,boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (4) Any lien, or right to a lien,for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water,electricity or other utilities,or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters,if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons,corporations, governments, or other entities,to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes,bays, ocean or guff, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government,or riparian rights,if any. File No.: 2 081 531 03 0043C0 ALTA Commitment(6l17106)—Schedule B 1 r stevvart Page I 9 title guaranty company • . I r d 36Z0-996-9Zl7 sJeeui6u3 ego dZ0:06 e0 90 JeW COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item(a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents,the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format Margins to be 3'on top of first page, t' on sides and bottom, 1"on top,sides and bottom of each succeeding page. Font size of S points or larger and paper size of no more than B "A' by 14'. No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document, if assignment or reconveyance reference to auditor's file • number or subject deed of trust. Names of grantor(s)and grantee(s)with reference to additional names on following • page(s), if any. Abbreviated legal description(lot,block, plat name or section, township,range and quarter quarter section for unpiatted). Assessor's tax parcel number(s) Return address which may appear In the upper left hand 3"top margin SPECIAL EXCEPTIONS FOLLOW File No.: 248153103 0043CG ALTA Commitment(6r17/05)—Schedule B[ S tewa t Page 5 of 11 I -tide guaranty company 9'd Z6Z0-996-9Zt7 sJeeui6u3 ego dZ0:06 80 90 Jew • I i COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS 1. DELINQUENT GENERAL TAXES. YEAR: 2006 AMOUNT BILLED: $11,061.24 AMOUNT PAID: $-0- AMOUNT DUE: $11,061.24.PLUS INTEREST AND PENALTY LEVY CODE: 21000 TAX ACCOUNT NO.: 518210-0020-03 2. DELINQUENT GENERAL TAXES. YEAR: 2007 AMOUNT BILLED: $11,402.58 AMOUNT PAID: $-0- AMOUNT DUE: $11,402.58, PLUS INTEREST AND PENALTY LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0020-03 • 3. GENERAL TAXES, WHICH AMOUNT CANNOT BE PAID UNTIL FEBRUARY 15, 2008. YEAR: 2008 AMOUNT: $11,465.41 LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0020-03 ASSESSED VALUATION: LAND: $1,171,300.00 IMPROVEMENTS: $-0- NOTE: KING COUNTY TREASURER, 500 41 AVENUE, 61"FLOOR ADMIN.BLDG., SEATTLE, WA 98104 (206)296-7300 WEB ADDRESS: httpJ/webapp.metrokc.gov/KCTaxinfo/. 4. CLAIM/NOTICE OF LIEN: CLAIMANT: CITY OF RENTON AGAINST: RIBERA BALKO ENTERPRISES AMOUNT: $641.06,PLUS COSTS AND INTEREST FOR UNPAID UTITLITIES CHARGES RECORDED: NOVEMBER 7, 2007 RECORDING NO.: 20071107001509 File 2 OD43CG ALTA Commitment(3P17J06)—Schedule B l rstevvart Page 6 cell tiea guaranty company 9.d Z6Z0-996-9Z17 sJeaui0ug egO dZ0:0L 20 90 MA • COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS I. DELINQUENT GENERAL TAXES. YEAR: 2006 AMOUNT BILLED: $11,061.24 AMOUNT PAID: $-0- AMOUNT DUE: $11,061.24, PLUS INTEREST AND PENALTY LEVY CODE: 21000 TAX ACCOUNT NO.: 518210-0020-03 2. DELINQUENT GENERAL TAXES. YEAR: 2007 AMOUNT BILLED: $11,402.58 AMOUNT PAID: $-0- AMOUNT DUE: $11,402.58, PLUS INTEREST AND PENALTY LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0020-03 3. GENERAL TAXES, WHICH AMOUNT CANNOT BE PAID UNTIL FEBRUARY 15, 2008. YEAR: 2008 AMOUNT: $11,465.41 LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0020-03 ASSESSED VALUATION: LAND: $1,171,300.00 IMPROVEMENTS: $-0- NOTE: KING COUNTY TREASURER, 500 4111 AVENUE, 67"FLOOR ADMIN.BLDG., SEATTLE, WA 98104 (206)296-7300 WEB ADDRESS: http://webapp.metrokc.gov/KCTaxinfol. 4. CLAIM/NOTICE OF LIEN: CLAIMANT: CITY OF RENTON AGAINST: RIBERA BALKO ENTERPRISES AMOUNT: $641.05, PLUS COSTS AND INTEREST FOR UNPAID UTITLITIES CHARGES RECORDED: NOVEMBER 7, 2007 RECORDING NO.: 20071 1 07001 509 File Nc AL 2 A CDm r t 0043CQ ALTA Commr�nen:(6I17J06)—Schedule B l G�� Page 6 of 11 ttla guaranty company 9'd Z6Z0-996-9Zi7 sJeew0u3 8J4O d30:01, 90 90 JeW • • • 5. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP,OR • • CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER FACILITIES OF THE CITY OF RENTON AS DISCLOSED BY INSTRUMENT • RECORDED UNDER RECORDING NUMBER 9506210955. 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANGLEY 4TH AVENUE ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: SEATTLE MORTGAGE COMPANY AMOUNT: $1,245,535.00 DATED: SEPTEMBER 24,2004 RECORDED: SEPTEMBER 28, 2004 • • RECORDING NO.: 20040928002302 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: MARCH 3,2006 RECORDING NO.: 20060303000541 7. UNRECORDED LEASEHOLDS AND RIGHTS OF TENANTS, IF ANY. 8. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S)TO EXECUTE THE FORTHCOMING DOCUMENT FOR LANGLEY 4TH AVENUE ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. 9. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20, 1900 RECORDING NO.: 192430 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES AS GRANTED BY DEED RECORDED NOVEMBER 13, 1964 UNDER RECORDING NO. 5813072 AND NOVEMBER 18, 1964 UNDER RECORDING NO. 5823627. 11. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 632233. • • File No.: LTA Commitment Ste Ya t 0043CG ALTA Cornrrirtment(6l17/06)-Schedule e I Page 7 0111 --title guars-my company • • Ed Z6Z0-996-9Z1i sJeaupu2 eg0 d£0:01. 20 90 Jain 12. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 26, 1985 RECORDING NO.: 8509260851 FOR: SANITARY SEWER AFFECTS: EAST 15 FEET SAID EASEMENT HAS BEEN MODIFIED BY EASEMENT UNDER RECORDING NO. 8609111674. 13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 18, 2000 RECORDING NO.: 20000418000708 IN FAVOR OF: CITY OF RENTON FOR: UTILITIES • AFFECTS: NORTH 10 FEET OF THE EAST 190 FEET 14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MARCH 9,2004 RECORDING NO.: 20040309002194 IN FAVOR OF: UNITED STATES POSTAL SERVICE FOR: JOINT ACCESS AFFECTS: NORTHERLY 225 FEET OF THE EASTERLY PORTION 15. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT { LINE ADJUSTMENT: NO.: LUA 99075LLA RECORDED: JUNE 23, 1999 RECORDING NO.: 19990623900005 16. RIGHTS OF THE GENERAL PUBLIC TO THE UNRESTRICTED USE OF ALL THE { WATERS OF A NAVIGABLE BODY OF WATER NOT ONLY FOR THE PRIMARY PURPOSE OF NAVIGATION,BUT ALSO FOR COROLLARY PURPOSES; INCLUDING(BUT NOT LIMITED TO) FISHING, BOATING, BATHING, SWIMMING, WATER SKIING AND OTHER RELATED RECREATIONAL PURPOSES,AS THOSE WATERS MAY AFFECT THE TIDELANDS, SHORELANDS OR ADJOINING UPLANDS AND WHETHER THE LEVEL OF THE WATER HAS BEEN RAISED NATURALLY OR ARTIFICIALLY TO A MAINTAINED OR FLUCTUATING LEVEL,ALL AS FURTHER DEFINED BY THE DECISIONAL LAW OF THIS STATE. (AFFECTS: UNNAMED STREAM/WETLAND ON SAID PREMISES.) 17. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. File No.C3 833 P Y oQb3CG ALTA Commdment(6117J06)—Schedule B 1 Page 8 of 11 title guaranty company • 8'd Z6Z0-296-9Zj7 sieaui0u2 84O d00:06 80 90 aeW ENO OF SPECIAL EXCEPTIONS • • File No.: 208163103 �+ 0043CG ALTA Commitment(5/17/05)-Schedule B I tevvart Page 9 of 11 'title guaranty cernPa1Y • 6'd Z6Z0-996-9Zti saeaui6u2 ego d€0:06 80 90 JBW NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S • INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD$3.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. • IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC,WASHINGTON 9818E ATTN: RECORDER NOTES: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF • NECESSARY TO MEET STANDARDIZATION REQUIREMENTS.THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S)TO BE INSURED. • PARC.A, CIRENTON LUA 99075LLA,REC. NO. 19990823900005 • PS • • • File No.: 208163103 0043CG ALTA Commitment(6/17106)-Schedule B I I-pte Na t Page 10 of 11 l.. .. 0uarar ty company d - - sJeeul6u 06 Z6Z0 886 9Zt� � ego dEO:OL 20 90 1eW Copies to: • SEATTLE MORTGAGE COMPANY/SOUTHCENTER 6454 SOUTHCENTER BLVD#105 SEATTLE, WA 98188 ATTENTION: TABATHA ATKINS • File No.: 208163103 steart 0043CG AL7fl Commitment(6117106)—Schedule B 1 V V Page 11 of 11 this guaranty company I, d Z6Z0-986-9Ztb saeaui6u3 eiio d€0:06 90 90 JeW COMMITMENT FOR TITLE INSURANCE Issued by Stewart • I .title guaranty company Stewart Tittle Guaranty Company, a Texas Corporation (°Company°), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A,in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or Interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted In Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy farm upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. • IN WITNESS WHEREOF,Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: rstevvart Senior Chairman of e Board Authorized Countersignature a•A.. 4.,,144W ,}�f�( • • STEWARTTtTLE •:r 4:n. . Company „rPt;ray:fr Chairman of the Board vo._• r SEATAC,Washington City,State �� President 004UN ALTA Commitment(611710S) Fife No.: 208163103 o. I to Z6'd Z6Z0-886-9Z17 saeeui6u3 ego db0:01. 80 90 aeW CONDITIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has cr acquired actual knowledge of any defect lien,encumbrance, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon In undertaking in good faith(a)to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<htto://www.alta.orgh. _Stewart .title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to itet P.O. Box 2029,Houston,Texas 77252. £1•'d Z630-996-9Zt7 saeeul6uD ego 40:01. go 90 JeW Stewart Title Guaranty Company,Stewart Title Insurance Company,Stewart Title Insurance Company of Oregon, National Land Title Insurance Company,Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLEA) generally prohibits any financial institution, directly or through its affiliates,from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of • persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or • others. • • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. • WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. • • tl••d 36Z0-996-9Zt sJeeu!Bua ego dj0:06 eo go Jew STEWART TITLE OF WASHINGTON Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of STEWART TITLE OF WASHINGTON We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our 'files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction,such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees Who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 91:d Z6Z0-886-9Z17 s_ieeul6u3 ago dt0:06 g0 90 JeW • • • r1: c 7, ORDER NO. -19 i;‘m / 3103 0 lif ,- • n o a T. Section I Township Range 6--'- _ Short Plat Rec.N0--9.9. .eV7-39o0a2,5-- • ��'``"���Y_ ,;` - _ Volume Page litie Alk 4. 44 ti 1= i j n s.III 11i. N 1f 1.111e 1Yd1 - ell AL :Will �� ban 0 f.e a1 ro WA n71M q �{y J, .1 nul 11F1/- 1 0{.Y coo' � 090 I Vaal .1muu i.,r .1.«..� a1.IT •Iuf1M aalJmi alai s ... I]q R.1* __ - .Ie.Li1T1EC DILII t5.t.171TA CI.) • - _ x M.E.;711 ST. ¢17./t - �... ` SEl2}i1st S7. - .. .;;J ld 11~, JAM I RI Ifni IIIUR I f.17 i,•L - iXtL•• 19�.�T(]�•- .. 31 1 c 428 • a i ifa Ir �� ins, 1'•;._.....\ i - % WoOi ,,1 tor 1 \Y�pS LOTH" y� :a 7 tag Iu ' t4 a . foam,0060.3 ,al-lid'• . 4 1 ae Oi0.23300 e'. sDT1 7101 Ir • \ 1 : 't` 3 ,om 1 l ,ICn•11, . _- .r 1 son d tt•41l f:11III = MCA 1 - - - I - itl iU 101-64 liCO21¢le - `-' _ ;$ St➢11.A I11..ai l:llot Is sr l r - "III3 III:q • 14.1a./f r,i iil 12 j - �� ria n; 1 \• d I 6 ? 1,1 t� 61821C 6 I ' S' 14 n1r — < tK ' r ' �, `z iMARTIN`S ACRE • x,.:." f,b _ CGl1 1 %- } C 1?a A11.d1.11 I J . 1 ZZ! MJ111 = ,Igl7l1HYY € TRACTS UNREC. m= • z LOT 1 W„ OM • , MAIL IIIIY la 001'L X. All$1 •4NI.N 1` ^W� _X - l•.s,... MAL 14q n1 .HJ/-ns �LI MAW Ill WI legi S =I e -' a >t-i a s 12 7f t. c so s�. s17U �pn11 }llml nag WO Mimi mlt Jam/ N =i ,� lal :ow = QM rmo CRC r ,� 71�of ..,„ - k,.,,i AV 1J.0 I J �t COCO C.41 M.Y- r I 'Mils sketcb is proviivl without oba ge for your information, It is not intended to show all mattels related to the property including, but not limited to area,dimensions,easements,encroachments or location of boundaries. It is not a part of,nor does it modify,the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference shquld be made to an accurate survey for further information. 96'd 3630-896-9Z17 saeeui6uA ego d90:06 80 90 aeW . 18000 International Boulevard South, Suite 510 [ste art gc t r SeaTac, Washington 98188 v�,* 205-770-8700. 888-896-1443 ! true fax 206-770-8703♦253-682-2033 COPIES OF DOCUMENTS AVAILABLE ONLINE ORDER NUMBER: 208163103 FOR PROPERTY ADDRESS: • 4225 4TH AVENUE NORTHEAST, RENTON,WA 98055 IN OUR EFFORT TO BE ENVIRONMENTALLY CONSCIOUS STEWART TITLE ENCOURAGES YOU TO VIEW THE UNDERLYING DOCUMENTS ONLINE AT WWW.GOSTEWART.COM/SURECLOSE-LOGIN If you've never logged in before,just contact us at 206.770-8700 or send an email to gpayne@stewart.com and we'll gladly send your login and password to you. We would also be happy to email the documents to you and certainly we will send you hard copies upon request. Stewart Title shares your concern for the environment and we are proud to present green company solutions. • Thank you! • I1 Lvd Z6Z0-996-9Z17 sJeaui6u3 e40 d90:01. 90 90 JeW Former Ribera Balko Short-plat Property Final Wetland and Stream Buffer Mitigation Plan _ Renton, Washington l oFfrEt PiryoF rch 27, 2007 POr M4irs 4lro• Es 1 Core°641,cA, °tbtsot, f� Oat: ( �4 1t/99a'o 411 . .__ SHANNON 6WILSON,INC. • GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS rJ At Shannon &Wilson,our mission is to be a progressive, well- managed professional consulting firm in the fields of engineering 1 and applied earth sciences. Our goal is to perform our services • with the highest degree of professionalism with due consideration f to the best interests of the public,our clients,and our employees. A 1 t I, � 2 Submitted To: Mr. Tom Foster Fourth Avenue Associates, LLC 6450 Southcenter Blvd., Suite 106 Seattle,Washington 98188 By: • j Shannon &Wilson, Inc. . 400 N 34th Street, Suite 100 Seattle, Washington 98103 Z_ 21-1-12193-004 • ' l+ - SHANNON EIWILSON,INC. TABLE OF CONTENTS Page 1.0 INTRODUCTION • 1 2.0 SITE DESCRIPTION AND PROJECT HISTORY 1 3'.0 FINAL COMPENSATORY ACTION PLAN 2 ' 4.0 PROPOSED PROJECT 3 5.0 FINAL WETLAND AND STREAM BUFFER MITIGATION 3 6.0 PLANTING PLAN 4 7.0 RESTORATION SEQUENCE 6 8.0 MAINTENANCE 7 9.0 MONITORING PLAN 7 r7 10.0 SUCCESS CRITERIA 8 lr 11.0 CLOSURE 10 12.0 REFERENCES 11 LIST OF TABLES ( Table No. 11 . 1 Planting Plan for Restoration Area 5 2 Seed Specifications for Restoration Area 6 LIST OF FIGURES Figure No: , 1 Site Vicinity Map 2 Final Buffer Mitigation Plan 3 Final Planting Plan Typical 121-1-12193-004-R1fdoc/WP/EET - 21-1=12193-004 i 1 • }- TABLE OF CONTENTS (cont.) SHANNON&WILSON,INC. ` LIST OF SHEETS Sheet No. • ' 1 . Final Wetland and Stream Buffer Mitigation Plan 2 Stormwater Pond Landscaping Plan • APPENDIX 4i . !-- Important Information About Your Wetland Delineation/Mitigation and/or Stream r Classification Report . 1 • ri . ! . . . . ,,___,, • • . , ,---,. . L 'r .1 . r_., , , c __, . . . , • „.,, • ,, , , . , • . i ,c . . I . . • . • . . I L, , . -- fl- { , f • f ; 21-1-12193-004-R1fdac/WP/EET . 21-1-12193-004 s ii • r _ I ; —� I SHANNON&WILSON,INC. f i t FORMER RIBERA BALKO SHORT-PLAT PROPERTY �, FINAL WETLAND AND STREAM BUFFER MITIGATION PLAN �--, RENTON,WASHINGTON 1.0 INTRODUCTION . The goal of this buffer mitigation plan is to compensate for unavoidable impacts to the wetland I and stream buffer located on the former Ribera Balko short-plat.property, as a result of a proposed commercial/residential development. This buffer mitigation plan will establish a native 1 plant community typical of the surrounding undisturbed buffer and is in accordance with the City of Renton's (City's) Environmental Regulations. The scope of work for this project is based on our conversation with Mr. Tom Foster and on our proposal for the property, dated January 2, 2007. Y , - 2.0 SITE DESCRIPTION AND PROJECT-HISTORY The-former Ribera Balko property(herein referred to as"the site") is currently an undeveloped, )� "L"-shaped parcel (King County Parcel No. 5182100020)bounded by NE 4th Street to the north and by residential and commercial-use properties on the east,west, and south in Renton, j._ ' Washington. The site is approximately 5.98 acres, located within the NW 1/4 of Section 15, Township 23 North,Range 5 East(Figure 1). 1 The property south of the site has been filled, creating an approximately 15-foot rise along the eastern half of the south property line. Generally, site topography slopes down gently toward the southwest side of the property. Maplewood Creek flows south along the west border of the site } and exits the site through the.middle of the southern border, where a low spot is present amongst the topographic rise along the southern property boundary. Two wetlands were located and delineated by Shannon&Wilson, Inc. on July 25 and 26, 2006. One wetland straddles a portion ' of Maplewood Creek along the western portion of the property. A second, smaller wetland was I delineated along the southern portion of the property, east of where Maplewood Creek exits the , site. 21-1-12193-004-R1fdoc/WP/EET 21-1-12193-004 I 1 1 SHANNON&WILSON,INC. k 4,_' Historically, the site contained one single-family residence, which was removed during the 1 summer of 2000. Portions of the property were cleared following removal of the residence. !Since then, disturbed portions of the site became predominantly overgrown with non-native and invasive species, such as Himalayan blackberry(Rubus discolor), Scots broom(Cytisus scoparius),reed canarygrass (Phalaris arundinacea), sulfur cinquefoil (Potentilla recta), and 1 ' ;other non-native herbs. - L In February 2003, a Final Compensatory Action Program was prepared by Habitat Technologies for the property and approved by the City for impacts to wetlands and the wetland/stream buffer 'associated with a previously proposed site development project. Contingent upon this approved Compensatory Action Program, the Washington State Department of Fish and Wildlife(WDFW) —� approved a hydraulic project permit(HPA) (Permit Log Number: ST-G1585-01), on September 9, 2004 (WDFW, 2004) for work below the ordinary high water mark of a tributary to Maplewood Creek. The approved HPA for the site allowed the placement of a section of - t'tributary to Maplewood Creek(road side ditch) along NE 4 Street into a permanent underground conveyance(culvert). The culvert was installed on the site;however,the proposed mitigation was not completed because the proposed site development project was changed. As previously mentioned,the original site development project included impacts to wetlands. Under this revised site development project, impacts to wetlands are avoided while minor buffer impacts are mitigated. This mitigation plan will mitigate for the revised site plan impacts by improving the quality and function of the wetland/stream buffer. The revised mitigation will also meet or exceed the goals of the previously approved Final Compensatory Action Plan r (Habitat Technologies, 2003). 3.0 FINAL COMPENSATORY ACTION PLAN j As previously described, a Final Compensatory Action Program was prepared to mitigate impacts to wetlands, stream, and buffers on site. The originally proposed project included short platting the property into several smaller parcels for residential and commercial uses. Although the previously proposed project was never completed,portions of the infrastructure were constructed. Those portions of the original project that were completed included installing a 130-linear-foot pipe to enclose a roadside ditch along the south side of NE 4t1 Street and installing a stormwater pond at the south end of the site. The roadside ditch was enclosed within 21-1-12193-004-R1f°doc/WP/EET 21-1-12193-004 2 SHANNON iWILSON,INC. • la culvert to allow for improved frontage and road widening. In addition to the culvert, the original project proposed permanent impacts to wetland(2,533 square feet of wetland fill) and impacts to the wetland/stream buffer. L 4.0 PROPOSED PROJECT The proposed development on the former Ribera Short Plat property would construct two �-I commercial buildings with associated parking along the frontage of NE 4th Street and multi- family residences family residences along the central and.southern portion of the property with associated parking and common open space(Figure 2 and Sheet 1). A stormwater pond is located at the south end of the site, immediately east of the wetland/stream buffer. To complete construction of the stormwater pond,the southwest edge of the pond must be built up higher. In order to do that, the buffer immediately adjacent will be disturbed. In addition,the outfall of the stormwater pond ' will be located within the Maplewood Creek buffer in the same area of disturbance. The current site plan for the proposed residential/commercial development(Figure 2 and , Sheet 1)has been designed to avoid impacts to wetlands and to minimize impacts to the wetland/ stream buffer. As a result,the approved original Final Compensatory Action Program is no t-: longer applicable. However, the need for a revised mitigation plan still exists because of the ' unavoidable impacts to the wetland/stream buffer. In addition, commitments were made with WDFW for placing the roadside ditch along NE 4th Street in an enclosed conveyance. The intent and goal of these commitments,provided within the provisions of the approved HPA,have been , implemented into this final wetland and stream buffer mitigation plan so as to adequately mitigate for tributary impacts. 5.0 FINAL WETLAND AND STREAM BUFFER MITIGATION The construction of the proposed commercial/residential project has,been designed to avoid and minimize impacts to sensitive areas such as wetlands, stream, and buffers (Figure 2 and Sheet 1). However, approximately 5,912 square feet of unavoidable impacts to the buffer will occur ii predominantly as the result of grading and construction activities associated with an engineered wall along the perimeter of the stormwater pond. A small portion of the impacted wetland/stream buffer will be a result of site mass grading activities for future residences toward the center of the site. Impacts are expected to be limited to disturbance of the soils and 21-1-12193-004-R1fdoc/WP/EET 21-1-12193-004 3 SHANNON 6WILSON,INC. vegetation within the buffer. No structures will be constructed within the buffer. The side slope of the stormwater pond will be revegetated with native shrub and herbaceous vegetation. Trees will not be planted in this area for stability reasons. _ To mitigate for the buffer impacts, the impacted buffer area will be restored(1:1 impacted to restored buffer area ratio); in addition, 5,912 square feet of buffer"replacement"will occur at the north and south ends of the site(1:1 impacted to replaced buffer area ratio); and 16,012 square feet of existing buffer will be"enhanced" (1:2.7 impacted to enhanced buffer area ratio) (Figure 2 and Sheet 1). The impacted buffer will be restored using a diverse variety of native herbaceous and shrub species, according to the specifications described in Table 1. Throughout the"replacement"buffer area, native shrub and tree species will be installed according to the 1,-- specifications provided in Table 1. The"enhanced"buffer area will be planted with native trees following the removal of existing Himalayan blackberry(Rubus discolor)patches. In all areas where bare soil is exposed through the removal of Himalayan blackberry or grading, the disturbed areas will be seeded with a native seed mix, as specified in Table 2, and then planted with the specified shrubs and/or trees. A cedar split-rail fence will be installed around the perimeter of the wetland and stream buffer mitigation areas and stormwater pond to reduce intrusion into the sensitive areas. A detail of the fence is provided in Sheet 2.0. Signage will be placed at approximately 70-foot intervals around the buffer area to inform residents and users of the commercial area of the presence of the wetland and Maplewood Creek. A"sensitive areas" sign will be installed around the perimeter of the site and a"Maplewood Creek Tributary" sign will be installed along NE 4th Street. 6.0 PLANTING PLAN The locations'of the"impacted"buffer area, "replacement"buffer area, and "enhanced"buffer area are shown in Figure 2 and Sheet 1. This plan will establish native,non-invasive plant species in the impacted buffer and buffer replacement areas. The plan is also designed to enhance a large portion of the existing buffer by jump-starting the natural succession process from a Himalayan blackberry(Rubus discolor) and reed canarygrass (Phalaris arundinacea) ; dominated buffer to a riparian corridor of native vegetation. The plant species selected for this area are native to the project area and have displayed a high degree of success in similar restoration projects (see Table 1 below for the plant species selected). In total, this planting plan ' 21-1-12193-004-R1 f.doc/WP/EET 21-1-12193-004 4 SHANNON&WILSON,INC. calls for the installation of approximately 627 native woody vegetation species spread throughout the impacted buffer,buffer replacement, and enhanced buffer areas. A stormwater pond landscaping plan was also prepared at the request of the City(Sheet 2.0). This landscaping plan is not part of the finalized mitigation for the site; however, at the request of Mr. Foster, native plants were installed to increase the available habitat on site. Planting should be done by hand in natural,randomized clusters. All vegetation should be installed the same day the plants are obtained. Plants that cannot be planted within one day after arrival should be"heeled in" for protection against drying. TABLE 1 • PLANTING PLAN FOR RESTORATION AREA ' ;'F:.>:s.�, ?:<5....Y` ;„v-` y .-"S' �:; ,•.3;,,�.,�.t, ;>-;�s kq¢.at_wsn:Yl'.�•,i„n`-< N.i�.,:c�:.�...Ne.:;�';S.Y> %``e>`'r�"� ��,��',s-.;<;z`�:;v•.,`•.:,r����`�° s iu � .may^ ,��,. ,:e^" ''�: �.�`;�:' :,.':.� .^,� � �-;� �.`�:'', ;;, �.. k-f ��� ;�:TMPACTED;'BU�'FER:`.�.• F. ;�, ,�'..-�.,::�z'=.• :;�w<:. ,'��•�ii+t,{-a�,'s� ^�' a? .� .{�,.z.;�';:M' �;•<'s.-.. .s.:�:j?t'. .n s::c.< 3. Comillon=Name;K; •= ,S,ci enti ic,Naiiie' :*`r it m i =: "S Size •. :< '^.'a�'.oiiditioll'"^`;y :'+ ... .-..�. us... ...... :�,. :�:�'.>. ,... ...•�<,:a�_ .....,�''.x��. .�:Q... ,,.�,5t3'z-:, .>.., .:.. : .,, ,. .:=.x .". ..5�.,f. .:�,.N.<.,� Indian plum Oemleria cerasiformis 63 12+inches 1 gallon/bare root 5 feet on.center Lewis' mock orange Philadelphus lewisii 50 12+inches 1 gallon/bare root 5 feet on center Tall Oregon grape Mahonia aquifolium 54 12+inches 1 gallon/bare root 5 feet on center Nootka rose Rosa nutkana 70 12+inches 1 gallon/bare root 5 feet on center Fy,..� '"�f.=?.-, '^''>'. •5!;.. :�a+,Air .,,� .:�� •r.,'a?::.: .:� ,Yn'< -,d�<� �,.<K: rvk..c.z:�i>�Fi;�: F��v�.-..,; .5� *,i x.`ia; <+x�t,'.,r .. M. .<.H;.e .h;�•.z: �UJI`III y^, ,,,M x E5^ c,t�r: ',y.`,,' ;.;"';'y \, ItEPI,ACEIV.tENT �� � �F�. � �` ��. .''b,-t..r z.Z.�;?. ..,;f>< �. a�:G` .�=4S".y v,/:�t .;�: r';<:% .c ,<.',^' ksr..*.; ..,�e:rir:�;;..`sx^•�.'-� � •.+2�.R...�F'-�"''•k�e,. $+a'�,,x:� �'1?-<.8e�:ate, o.�"r .'�'S. �..n: n Na e v ''< . ,Scieiifific Narrie a,.:' uanf Slze < ' V,C aiicl.49,4 *5,' ..::: .zS Douglas fir Pseudotsuga menziesii 41 >3 feet B&B 12 feet on center Indian plum Oemleria cerasiformis 63 12+inches 1 gallon/bare root 5 feet on center Lewis'mock orange Philadelphus lewisii 50 12+inches 1 gallon/bare root 5 feet on center Tall Oregon grape Mahonia aquifolium 54 12+inches 1 gallon/bare root 5 feet on center Nootka rose Rosa nutkana 70 12+inches 1 gallon/bare root 5 feet on center a�;"X'"�$: ."s:'e',,<`-.�i�r�>�?Sr 'd..s..�:�-'�%>�,�.,;� ='"r ;?,�.::v�: y- k:��ti�":•'�::'z:�'� ,y,;:`;�^=�"v e.v"'"��" �.*,;;^:^'*.'i`��' :Y or ,r.�--v..:r;: : �'L- •Y ,: ,.. ?,vae ...T., -Vr �. = < * ENH CED`'BI7FFE2 ., . ..> [� ^v" c^Y'- F • >Scetiiicrite:<. anti Y>` ize� C�riditiori'«>... ;5 >acil` • >..�CommonYl�ta,.Y� � ., � . v < . ,a <. .� it ,, Douglas fir Pseudotsuga menziesii 112 >3 feet B&B 12 feet on center Note: B&B=balled and burlapped plant stock 21-1-12193-004-R1£doc/WP/EET 21-1-12193-004 5 SHANNON 6WILSON,INC. TABLE 2 SEED SPECIFICATIONS FOR RESTORATION AREA E,: F?; 3Py }r." ' n •: '..y •.;.,. Via.., vt' ✓R:v a.,: nwy:•<xcr Mo-sr:s:•ar ?� u? • 'n� �u'ay3%'�A.< •�3si�'z Y'Y S x �{",.v t�..' n:y x,;.x iq�Y-'t�`. '::? W:;v:t *'S'.. yes. ;• •.Kr<. r>�,.r�,.,;.„� _V�,.��" ;,Common Name. ; F:S=Scie `ti c-1V'ame-£a.:: N;Percent py;Weighf,PLS ; ?c�•;'.?.' ,,.t@,�{,r..x;s•,.,z5:xx:c.•..•r:. .`-: � ...xakr't�.r ... rx±.,;,..•: : r • California brome Bromus carinatus 10% Blue wild rye Elymus glaucus 60% Red fescue Festuca rubra 30% • Note: PLS=pure live seed • This seed mix should be applied at 80 pounds per acre of pure live seed(PLS). This seed mix will help encourage the introduction of native grass and herbaceous species throughout the disturbed buffer mitigation areas. This seed mix will also be used as part of the stormwater pond landscaping plan. Seeds must be thoroughly mixed before being hand broadcasted throughout the mitigation area. 7.0 RESTORATION SEQUENCE The restoration sequence is as follows: 1. Remove patches of Himalayan blackberry(Rubus discolor) throughout the buffer mitigation areas during the spring of construction. 2. Procure restoration plants, as specified in Table 1, from a registered nursery or through a licensed landscaper and store properly. 3. Place plants within the restoration area in natural, random clusters, as shown in Figure 3 and Sheet 1. Prepare the soil pits where the plants will be located by amending the native soil with three inches of compost(Cedar Grove compost or equivalent) over the area and mix it into the soil with a shovel to a depth of 12 to 16 inches. Then dig square-bottomed holes for plants, twice the size of the container, and score edges of planting hole with shovel (so roots can travel outside hole). Loosen plant roots slightly, and place in center of hole,upright and level with ground surface. • 4. Hand broadcast native grass seed throughout the disturbed buffer areas following the specifications in Table 2. 5. Irrigate plants thoroughly(King County recommends watering the restoration area with two • inches of water immediately following planting). Note: Procured plant material should be prevented from becoming desiccated at all times throughout the restoration sequence. • 21-1-12193-004-Rlf.doc/WP/EET 21-1-12193-004 i 6 SHANNON&WILSON,INC. Irrigation should therefore not be limited to post-installation because desiccation will ultimately reduce the success of the mitigation. 6. Mulch a 3-inch deep, 2-foot radius around the base of each plant with wood chip mulch. 7. Install the cedar split-rail fence and required signage along the perimeter of the buffer mitigation areas and the stormwater pond. After the planting is completed, the applicant should request an inspection of the planting from the City. 8.0 MAINTENANCE The following maintenance activities should be performed to ensure that the restoration is successful and to comply with City standards: 1. Irrigate the restoration area with an above-ground irrigation system calibrated for 1 inch of water every week from June 15 to October 15 during the first two years after planting. 2. Replace all plant mortalities during the fall or winter of the first year following plant installation according to the landscaper's one-year plant guarantee. 3. Remove Himalayan blackberry(Rubus discolor)by hand from the mitigation areas throughout all five years of the five-year monitoring program to ensure the success of the installed vegetation. 4. Remove all noxious weeds as defined by the King County Noxious Weed List (http://dnr.metrokc.gov/wlr/lands/weeds/weedlist.cfin) for five years after planting. These include but are not limited to Japanese knotweed(Polygonum cuspidatum), Scots broom (Cytisus scoparius), hedge bindweed(Calystegia sepium),purple loosestrife(Lythrum salicaria), and sulfur cinquefoil (Potentilla recta). 9.0 MONITORING PLAN The primary purpose of the monitoring plan is to document the degree of success or failure in the mitigation area and to identify adaptive, remedial actions to ensure that the goals of the mitigation plan are achieved. A five-year monitoring program will be implemented, as required by the City, to assess the completed revegetation area and to provide a basis for determining whether the plants are surviving and the goals of the mitigation plan are being met. The five-year monitoring program 21-1-12193-004-R1£doc/WP/EET 21-1-12193-004 7 SHANNON&WILSON,INC. requires quarterly monitoring events and reports during the first year and then annually thereafter, for a minimum of five successful years of maintenance and monitoring. Monitoring reports should consist of the following: + 1. Percent of plant survival amongst installed shrub and tree species, classified by condition (e.g., vigorous, living, stressed, dead). Quantitative monitoring will occur for all five years within the"impacted" and"replacement"buffer areas and for the first year within the "enhanced"buffer area. To accomplish accurate plant survival calculations, installed vegetation should be flagged annually to ensure they can be relocated during future monitoring events. Qualitative monitoring of the"enhanced"buffer will occur between years two through five. Note: Percentage of plant survival is not intended to mean the survival of planted material initially installed,but rather should be defined as the ratio of living species following the landscaper's replacement of plant mortality according to the one- '--' year plant guarantee to the number of species initially installed. 2. Percent areal coverage of installed and recruited shrub and tree species. Quantitative monitoring will occur for all five years, per the City's timing requirements, within the "impacted" and"replacement"buffer areas and for the first year within the"enhanced" buffer area. To accurately calculate percent areal coverage, the point-intercept methodology will be used at a approximately three and four, 25-foot and/or 50-foot repeatable and representative locations within the"impacted" and"replaced"buffer areas, respectively(see Figure 2 and Sheet 1.0). Qualitative monitoring of the"enhanced"buffer will occur between years two through five. 3. Noxious weed infestation, vandalism, dumping, and other conditions that may be detrimental to the success of the wetland and stream buffer mitigation. 4. Maintenance concerns (e.g.,broken irrigation systems, plants that need replacing, noxious weed removal, etc.). 5. Direct or indirect wildlife observations of the mitigated buffer areas, including evidence of nesting/denning,browse, audible calls, and scat. 6. Photographs of the restoration area from locations where photographs can be repeated during future site visits to qualitatively assess the success of the impacted buffer areas,buffer enhancement area, and replaced buffer areas. 10.0 SUCCESS CRITERIA Given the required timing of the performance monitoring events and the often slow growth of plants during the first few years after installation, success criteria have been developed for year one, when monitoring is required on a quarterly basis, and for years two through five, when monitoring is required annually. Year one of a monitoring period is often when plant mortality i 21-1-12193-004-R1fdoc/WP/EET 21-1-12193-004 8 I SHANNON FiWILSON,INC. is at its highest due to stress on installed plants. Therefore, the success criteria for year one are designed to allow for the plants to adjust to the conditions of the site. The success criteria for the mitigation plan include the following requirements: Year One—Quarterly Monitoring I. No more than 15 percent of plant mortality will occur during any year one quarterly monitoring event. All plant mortality will be replaced in the fall of the first year, when plant installation achieves a higher success rate. 2. During the summer quarterly monitoring event, a quantifiable net increase of herbaceous (grassy) vegetation will be present within the"impacted" and"replacement"buffer areas. 3. The buffer mitigation areas will achieve 100 percent plant survival at the end of the first year, according to the landscape contractor's one-year plant guarantee. See Item 1, Section 9.0 for the intended definition of percent plant survival. Years Two through Five—Annual Monitoring 1. The"impacted" and "replacement"buffer areas will achieve either 85 percent survival or 5 percent areal coverage of native installed and recruited woody vegetation by the end of year two; 85 percent survival or 10 percent coverage of native installed and recruited woody vegetation by the end of year three; 85 percent survival or 15 percent coverage of native installed and recruited woody vegetation by the end of year four; and 85 percent survival or 25 percent coverage of native installed and recruited woody vegetation by the end of year five. 2. The"impacted"buffer area will achieve 90 percent cover by installed and recruited native herbaceous and woody species after the second year following plant installation to ensure the stability of the impacted buffer area is maintained. 3. Noxious weeds will be removed within the mitigation area after each monitoring event. Removal may occur according to the King County Noxious Weed Boards recommendations. Noxious weeds are defined by the most current King County noxious weed list, including Class A, Class B, and Class C noxious weeds. This success criterion does not pertain to those species classified as nuisance weeds. If any monitoring report or City inspection shows that mitigation is not meeting these performance standards, the applicant will work with the City to perform corrective actions appropriate to the mitigation(e.g., failing plants will be replaced, other plant species will be substituted, noxious/nuisance weeds will be removed by hand or with approved herbicides provided all local, state, and federal permits are obtained to do so). 21-1-12193-004-R1£doc/WP/EET 21-1-12193-004 9 SHANNON&WILSON,INC. 11.0 CLOSURE The findings and conclusions documented in this report have been prepared for specific application to this project. They have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area. The conclusions and recommendations presented in this report are professional opinions based on interpretation of information currently available to us and made within the operational scope,budget, and schedule constraints of this project. No warranty, express or implied, is made. This report was prepared for the exclusive use of Tom Foster and his representatives. We have prepared the document, "Important Information About Your Wetland Delineation/Mitigation Report," (Appendix)to assist you and others in understanding the use and limitations of our reports. SHANNON & WILSON, INC. Pe has atie L. Walter, P.W.S. Bio ist Associate Natural Resource Manager PCJ:KLW/pcj 21-1-12193-004-R1 fdoc/WP/EET 21-1-12193-004 10 SHANNON EIWILSON,INC. 12.0 REFERENCES City of Renton, 1998, City of Renton building regulations: Seattle,Wash., Code Publishing, Inc. Habitat Technologies, 2003, Final compensatory action program—stream, wetland, and buffer mitigation plan, Ribera Property, City of Renton,Washington: Habitat Technologies, February 2. King County, 2007,King County noxious weed list: World Wide Web at: http://dnr.metrokc.gov/wlr/lands/weeds/laws.htm Washington State Department of Fish and Wildlife, 2004, Hydraulic project approval log number: ST G1585-01: Olympia,Wash.,Washington State Department of Fish and Wildlife, September 9. • b 21-1-12193-004-R1fdoc/WP/EET 21-1-12193-004 11 o NE6111 IA PLC - :Y Big li, • �L 6M a w 1 EUN� E '<1r z Washington t, KThrum' r sn cr 1 � � w SE '� j�1AV MENSTg STTI QI R s W>NERenton spry, 5Tx; g '1 - STH sile a '- gE 5TH 1 I a !; R NC�MiCIM 61 ' lu Re 4 lie _ 6{-NE i1RC1- Li Project I 'CAL ,s >� '14M ry i -r j _ 1-1.-1 er �' Location 4 oT 4MiCT 1: i<' o ST.sue PL �,n n z< Iv' WOO > e 000 L ' a NE 3110 ." '5700 11:: MORTAL NE 3N0 CT III m `- SE 12299TH r� NE 14 �ME © �+' PARK iq vac r �: 4y ti,. r.4I " , E 2ND ST N6.m eRsc plsr W ,r Taoo •_ } a °r r PROJECT -2ND ' a sr � NE n - CTII lsT l' :� aooe Ng w C ,,,,T re 4'x LEISURE 33c$. 'I LOCATION < __ pi.SEIST HE }.,��� ESTATES SE tali, . � St o ,r,l 'VET ET 11 ,1. r 16 MIP is rt. tc a , { s Pl ` ! 'i ;SE t0 '.a 1.PL L_T 'e .1 136TH ST ''I sE 2io �a ID t�• s ST 1 N _ 11 � > � .. `8 ,s �� rip ' SE 1 1 100 � s bt m ` �p r E IR_ ,.,, N � ��a I O PL 1 ®� w! PARK le re u Tie st ` lopo, -- SE R+;� VP' ' m a„9“1/•'- mi° �. Q w ma DTI J SE I; �E.'. - J m v1 AIAN � PL SE ��� �W y SE STH I SE,� /�i �,�13, <SE 3916 st S� tiq� SE F1' �3t200 ;., —- sE lam ' SE166° W RIVERVIEW Opa�M sT �'�oot• ,0 2..O E ;,i,., .:, 1415T in '15401H PL H ,,, R PARK au:ta •jST as. > SE G .. ii nur ..' ry 142ND ST S 4 a J 3 SE 142ND ST r. E r§is sire- I JFS., �rA la tg R SE 4 L ze ibt 5 Ia „ C R RIVER SE si µ1PLEAaov 3< �., >9 SE MOD --i-- cr 144T ST PL p, #, _ & z W CN _ _ Sr _L--—- ~ �:eti`'�� •. �, 'W & i& SE 14$ `x4: TURAL ZONE �_ 169 -—- GOLF 1 ^s Q` c i ss u6•x 6T ao gMAP LEWOOD f 4? "--\i",M of f— q ,,,U,.,...,..A,:„../ „ s . �\ fs PC Ti , rT\'yo C < ,4<(...c,, ,,�, ' . .. cen4, , \ '"ems ,�'e Av 21 *4 .*'�4-1, .. g> ilRENTO 22 R, P&W REGIS S $ \\ 6.4Tf R-, 1. +r .3'4 I% Eer`� °F• ler �' F 1st g \. . . rsrer 4 N I-' A' r 5� , IiM4 i� ST -F. MAP(; Q =wB �46 ,spa'N. ` ws,,,T„,, J�. I 4`' 154 *7k....R'/0 iS'1 'Q�p ,\,c`t I SE` rt i' ,�Q S1 SE 157TH ST .\ s �4�''r --- _ ,a AY %fT r-- n,; WE milv, y 4E l ,'9�- `PEE SE 'I m 101x R rs'n/ SFZOTH L7 !sue J1P Spy Ssnr S ,1 L, 71� F Aitt yt. ,�, Ist PLL��„ad" �vS Is6T11 :1 Sf`x ',.�, gfS7 s ST Y,� -� --_ Q,4 ,s9THl •C ST FA I RW 0 0 D 5E Pmm •at—. .0- IQ N < 4ea 14TM S. sE 159TH PL $��- sr `� r F $E 1 1ST ST 01161 T'JI 1.ST P• 159TH_ > M I u x o �., SE SE I60111 PL SE 15 SE -� N a"' 161ST PL 'fie I o `a )0_ 1.:1 SE161STPL iSE160111s , SF- co IL SE 163R0 ST_ ,1 CASCADE \ >1 ,bur s`a s Oi N N gg PA4RK > 1 ,se n '`'I 4:7— 161 • g 0 m SE 164TH . ST - R< � m a;� �b i' '- pl - 1h`O SE 16no a SE 162N0 PL O TH: •gA> 11700St . .0STH 5T 11 st sE 165P SE , ST �'�ls,F„' ,H<`�<,::E,� _' < rn ST ,., •.%s//1661N ST Z411ST f SE 1 FA jD6,,,� '' •P`tam` 't„n �i o SE ie 166TH PL '!,,.',.I P4>d: Jr a, s- S •o-. 'MWD 3'i w $ SE t ` n n 1 W 6sn 10 0 1/4 1/2 1 Former Ribera Balko Property 0, Final Wetland and Stream Scale in Miles Buffer Mitigation Plan Renton, Washington 8 O el NOTE N Reproduced with permission granted by THOMAS BROS. MAPS®, VICINITY MAP This map is copyrighted by THOMAS BROS. MAPS®. It is unlawful to copy or reproduce all or any part thereof,whether for March 2007 21-1-12193-004 E personal use or resale,without permission. All rights reserved. m SHANNON&WILSON, INC. FIG. 1 U- Geotechnical and Environmental Consultants lc a L' -A L1-. T -1 LL 1J A- A- LL L` LL----LL .T x J1 11 • Northeast 4th Street (Renton) ,T �� 1/ \1 1/ I, a- 1 l L 1 1/ r _ N s• V... 1 " Buffer Replacement III Buffer Replacement - li if •:;0' '1 .;*. 1 li °s""w II X.: - °'..•t "•i i is i •• .. ::• .,' I I 1 '•moo - ,- • `*. —Buffe nhancement I i s +F .1c�'` Pit x I •' "' �' Approximate Location i i t, XF A-31)F:: ,q i t 4 PP ABC' I soily�k of Maplewood Creek ii ? i f ! LEGEND .•.•.,•.o• XF A-46 •'., k 11__ Impacted Buffer :o ` 1- 1 c. :' — .-; 1 (5,912 Square Feet) Buffer Replacement \ E+�►•°; : — +-' .;o•;o❖:::: P P I I XF4-5X .,; � � ‘ , �. •• •••••� Buffer Replacement ,, . — " _, ' 7 i i United States Post Office "�'•"'• �F A—M ,' ` 1, __ - (5,912 Square Feet) +' `� h €��` Renton Branch XF,A fiy \ : XF A e` ` `n ,,- • L. Buffer Enhancement ,) � � .ps v- _r ; I ° (16,012 Square Feet) XF A-4,40' ; • -• p ct .B ffer�; N: k • !-.ram. 25-Ft.Buffer= 1 1 i i NOTES Wetland A \ '1 - XF As' Pits ;t ' 1— (30,612 Square Feet) \ Soil Pit 7tt0. ' i • _ s ? 1. Figure adapted from electronic files i— —I Category 3 Wetland \ "� f-, 1 _ I j provided by client on 1-31-2007. U A-38 1 t?>ry - 1 p" ,y:Ila Q YIP A—SO i 1imp= d`Buff& -- -...�I 03 f XF A-3 .. [�. a ( < us I 2. Figure intended to accompany Sheet 1.0: •� ,F A-36 �• ` I �:_... t '+,>;' CF` —____'' g P Y \ XP A-11 Final Wetland And Stream Buffer \ �� � k _._ = --.� 1]— i; Mitigation Plan. p, F A-35 XF A-f2 l i co $ ` < f 0 80 160 Q iii IF A-34X� • `. ,; % I' 3 la"',a^^-- -- i=_ _ _._ — _._ _ ___ _ —_____ I i I _ _J `\ �•• ` ,3 1 I ; r " k�. Scale in Feet XF A-32� • \\ `` —�:- 1 _ .._JI tr- _._ _ _.._ _.� __ ..._ _ __ ca - , . r---- \ �. - • � ` , '�' 6 i! ; _____:' — • • Former Ribera Balko Property 00 �� �% ' ' �::•: + ' Final Wetland and Stream I ��'9 '0�` �� `� °� --? i C Buffer Mitigation Plan • 4 4, __...\._ ami f:• -- —.__ �..._ `� ( _� �___ ;_� Renton,Washington 1eD —� �r \ AMP 9 .-•• „ XF A- -::•:ktii tl:I t0+a.;:DIN SAL-F. N CO I 4... €t' • r �ry 1 — FINAL BUFFER MITIGATION PLAN : 4 Wetland B • ' Buffer Replacement (1,738 Square Feet) Not Regulated per RMC I March 2007 ,21-1-12193-004 m E m SHANNON&WILSON, INC. FIG. 2 Geotechnical and Environmental Consultants iL _-.7..:, ,wc.,, 0 • 0 /,'P\. c7 0 ® ® 0 0 0 c-_- -G..) .** _G_) . 0 •41!Z., -',5i .A',:g; ,af.E z.S.,i e:• -„.. •'''il,.',1.-'- 0 ;'W .;IT' R AV' '.i".;,,,::". 'kV' -,Ps- ,4,, 0 0 0 " 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 o o o 0J® o o o o .,:,. ..\., .,..,,..,...._ '5',W. "'qv' 0 \_30'x 30' 1itY =,,,A gift,. *P;I:'1'`, :IP 0 O . 30'x 30' Representative Area Representative Area PLAN VIEW-TYPICAL IMPACTED BUFFER RESTORATION AREAS PLAN VIEW-TYPICAL BUFFER REPLACEMENT AREAS LEGEND LEGEND Et4101Ktiqie;', ,* q 'I' L4ii Name;ei:.'' :. c5:iiaii**,'„$6:: : ' ,!64,14i6':':1 i''',"spa:cil:6 , t, -„ ,, „ --,.., ,_.. - ,, ,ii,„", ,fk . . - ., .'1*,,, ..,._,,,: : 'Engli0 Name , :2 ', •y, :,',':L'etin'Natp,. 0 °.', Ot#ITRY t::1:.-: Ze.- ' 'f,::: It:-9n0111 ,,- '-1‘-:- `;:', :' 1:Wo,V:i. 0 Indian plum Oemletia cerasifonnis 63 12+inches 1 gallon/bare root 5 foot on center ., '" Douglas fir Pseudotsuga menziesii 41 >3-feet balled and burlapped 12 feet on center Lewis'Mock Orange Philadelphus lewisii 50 12+inches 1 gallon/bare root 5 foot on center 0 Indian plum Oemleria cerasiformis 63 12+inches 1 gallon/bare root 5 feet on center 0 ,v.1 Tall Oregongrape Mahonia aquifolium 54 12+inches 1 gallon/bare root 5 foot on center i-imLewis'Mock Orange Philadelphus lewisii 50 12+inches 1 gallon/bare root 5 feet on center 1 . 0 Nootka rose Rosa nutkana 70 12+inches 1 gallon/bare root 5 foot on center 0 Tall Oregongrape Mahonia aquifolium 54 12+inches 1 gallon/bare root 5 feet on center *Quantity based on revegetation of 5,912 square feet of area. 0 Nootka rose Rosa nutkana 70 12+inches 1 gallon/bare root 5 feet on center *Quantity based on revegetation of 5,912 square feet of area. Equals 4 Inches Planting Mulch Depth Berm t 6 4/i6 C.) < .---.4j •. .':':•. / .•.• '.. '. 0 1414- co Planting Backfill: Fill hole i 1•••:.••** .- 0 packing the soil to ensure _c . . :4 no air pockets remain. . 4 • •: '. Finished Grade: s — - .• .:-.4 1.- o . Plant at same N. level as was cli 0/ . • .- .. • ...-. . ‘. .•••..:... 0 m originally grown. Q 6 0 Dig hole wide and CONTAINER PLANTING DETAIL deep enough to Mound the center of the _. 0, accommodate hole and spread the roots Former Ribera Balko Property i.-.: \\_30'x 30' , . v• all the_roots _ evenly around the soil berm. _ _ Final Wetland and Stream c:, Representative Area without crowding. Buffer Mitigation Plan cb F.; PLAN VIEW-TYPICAL ENHANCED BUFFER AREA Renton,Washington 1 , BARE ROOT PLANTING DETAIL ‘-• LEGEND o FINAL PLANTING PLAN TYPICAL 9 cn 03 English Is61.4.:,,, ,:; : ;:' 'Latin Name, , Otientit0'„ :''Size: : ' :‘ '; r-i,,f6iiii4itkW. :'' :' '-' --::.:- Spacing ! & ...,,- At Douglas fir Pseudotsuga menziesii 112 >3-feet balled and burlapped 12 feet on center March 2007 21-1-12193-004 FIG. 3 6 *Quantity based on revegetation of 16,012 square feet of area. SHANNON&WILSON, INC. Geotechnical and Environmental Consultants ir. , , SHANNON 6WILSON,INC. APPENDIX IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT 21-1-12193-004 SHANNON &WILSON, INC. Attachment to and part of Report 21=1-12193-004 Geotechnical and Environmental Consultants -< Date: March 27,2007 To: Mr.Tom Foster Fourth Avenue Associates,LLC IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT A WETLAND/STREAM REPORT IS BASED ON PROJECT-SPECIFIC FACTORS. - Wetland delineation/mitigation and stream classification reports are based on a unique set of project-specific factors. These typically include the general nature of the project and property involved,its size,and its configuration;historical use and practice;the location of the project on the site and its orientation; and the level of additional risk the client assumed by virtue of limitations imposed upon the exploratory program. The jurisdiction of any particular wetland/stream is determined by the regulatory authority(s)issuing the permit(s).As a result, one or more agencies will have jurisdiction over a particular wetland or stream with sometimes confusing regulations. It is necessary to involve a consultant who understands which agency(s)has jurisdiction over a particular wetland/stream and what the agency(s) permitting requirements are for that wetland/stream. To help reduce or avoid potential costly problems,have the consultant determine how any factors or regulations(which can change subsequent to the report)may affect the recommendations. I ' Unless your consultant indicates otherwise,your report should not be used: ► If the size or configuration of the proposed project is altered. ► If the location or orientation of the proposed project is modified. i ► .If there is a change of ownership. ' ► For application to an adjacent site. ► For construction at an adjacent site or on site. j ► Following floods,earthquakes,or other acts of nature. Wetland/stream consultants cannot accept responsibility for problems that may develop if they are not consulted after factors considered in their reports have changed. Therefore,it is incumbent upon you to notify your consultant of any factors that may have changed prior to submission of our final report. i Wetland boundaries identified and stream classifications made by Shannon&Wilson are considered preliminary until validated by the U.S. Army Corps of Engineers(Corps)and/or the local jurisdictional agency. Validation by the regulating agency(s)provides a certification, usually written,that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified date,or until the regulations are modified,and that the strewn has been properly classified. Only the regulating agency(s)can provide this certification. - MOST WETLAND/STREAM-"FINDINGS"ARE PROFESSIONAL ESTIMATES. i Site exploration identifies wetland/stream conditions at only those points where samples are taken and when they are taken,but the physical _ means of obtaining data preclude the determination of precise conditions. Consequently, the information obtained is intended to be sufficiently accurate for design,but is subject to interpretation. Additionally,data derived through sampling and subsequent laboratory testing are extrapolated by the consultant who then renders an opinion aboutoverall conditions,the likely reaction to proposed construction j activity,and/or appropriate design. Even under optimal circumstances,actual conditions may differ from those thought to exist because no — consultant,no matter how qualified,and no exploration program,no matter how comprehensive,can reveal what is hidden by earth,rock, and time. Nothing can be done to prevent the unanticipated,but steps can be taken to help reduce their impacts. For this reason,most experienced owners retain their consultants through the construction or wetland mitigation/stream classification stage to identify variances, _ to conduct additional evaluations that may be needed,and to recommend solutions to problems encountered on site. Page 1 of 2 1/2007 I � WETLAND/STREAM CONDITIONS CAN CHANGE. Since natural systems are dynamic systems affected by both natural processes and human activities,changes in wetland boundaries and • ' stream conditions may be expected. Therefore, delineated wetland boundaries and stream classifications cannot remain valid for an indefinite period of time. The Corps typically recognizes the validity of wetland delineations for a period of five years after completion. - Some city and county agencies recognize the validity of wetland delineations for a period of two years. If a period of years have passed since!the wetland/stream report was completed,the owner is advised to have the consultant reexamine the wetland/stream to determine if the classification is still accurate. Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or water fluctuations may also affect conditions and,thus,the continuing adequacy of the wetland/stream report. The consultant should be kept'apprised of any such events and should be consulted to determine if additional evaluation is necessary. THE WETLAND/STREAM REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when plans are developed based on misinterpretation of a wetland/stream report. To help avoid these problems, the consultant should be retained to work with other appropriate professionals to explain relevant wetland,stream,geological,and other findings,and to review the adequacy of plans and specifications relative to these issues. DATA FORMS SHOULD NOT BE SEPARATED FROM THE REPORT. -, Final!data forms are developed by the consultant based on interpretation of field sheets (assembled by site personnel) and laboratory evaluation of field samples. Only fmal data forms customarily are included in a report. These data forms should not, under any circumstances,be drawn for inclusion in other drawings because drafters may commit errors or omissions in the transfer process. Although photographic reproduction eliminates this problem,it does nothing to reduce the possibility of misinterpreting the forms. When this occurs, delays,disputes,and unanticipated costs are frequently the result. To reduce the likelihood of data form misinterpretation,contractors,engineers,and planners should be given ready access to the complete report. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of information always insulates them from attendant liability. Providing the best available information to contractors,engineers, and planners helps prevent costly problems and the adversarial attitudes that aggravate them to a disproportionate scale. READ RESPONSIBILITY CLAUSES CLOSELY. Because a wetland.delineation/stream classification is based extensively on judgment and opinion,it is far less exact than other design disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in written transmittals. These are not exculpatory clauses designed to foist the consultant's liabilities onto someone else;rather,they are definitive clauses that identify where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report,and you are encouraged to read them closely. Your consultant will be pleased to give full and frank!answers to your questions. THERE MAY BE OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consultant will be pleased to discuss other techniques or designs that can be employed to mitigate the risk of delays and to provide a variety of alternatives that may be beneficial to your project. Contact your consultant for further information. Page 2 of 2 1/2007 • a UTILITY EASEMENT • ' . TNIS INSTRUiENT,made this'2 3 day of - L:�u� , 19 O S ' • . ' ' t • by and between WEARY J. BALM and BALit4 • • . hereinafter called 'Grantor(s)',and FAIRFIELD DEVELOPMENTS, INC., a Washington. • • - . torporation•hereinafter called "Grantee'. ' $5/09/2c. 40081 B' •• REC0.F 7.00 • CW,HSI. **+►*7.Oi3 • - •• - WITAESSETH: 95 • • That said Graator(s), for and in.consideration of the suet of S ONE DOLLAR . - j paid by'Grantee, and other valuable consideration, do by these presents,' - • • • • grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for sanitary sewer with necessary V p � -' . • appurtenances over, through, across and upon the following described property 1 in King Comity. Washington,wore particularly described as follows: ' The East fifteen (I5) feet of the following described property: • ' The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the • Northwest.1/4 in'Section 15,Township Z3 North, Range S East, Y.N., in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. • • - :8 5813072; . •• AND EXCEPT all coal'and:nineraas and the right to explore for and • '.v}• S Brine.the same as excluded in deed recorded under Auditor's File • ' • '•v . No. 3012446; (ALSO KNOWN AS Tract 2 of•Martin's Acre Tracts, . t unrecorded); . • :O 'Situ-ate in the City of Renton, County of'Ring, State of Washington. . . - . • See attached sketch. . • co• Grantor.doesrfurther convey and grant a.temporary construction-easement for all f r— purposes during ;fie construction of the said facilities over, across; along, . . • .)L .in, upon and under the following described T,roperty,together with the right of. . ' • • a ' ingress to and egress front said describedforegoing purposes,.property for.the . said temporary easement to commence on the date of this instrument and to ' . . ter Ante on the date actual use of said easement area shall tenrinatt,'or ( November 1, 1987,whichever occurs first. . i The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the . . Northwest 1/4 in Section 1S. Township 23.North, Range 5 East,Y.N., • in King County, Washington; EXCEPT portion thereof conveyed to King - ' . - . County for Southeast 128th .Street, under Auditor's File No.• . • . e S3I3072; • AND EXCEPT all coal and minerals and the right to explore for and.' . t mine the save as excluded in deed recorded under Auditor's File No. •• • ' 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. • f unrecorded); . . . - • • . - Situate in the City of Renton, County of King, State of Washington. ' • •. . ' 33i • See attached sketch. • ' • •; Fairfield Developments. it successors, heirs,•and assigns, agrees to indcswify • • and hold harmless the'6rantor(s) from any liability, or expenses • • whatsoever relating to. the use of, the temporary easement by the Grantee(s), their successors or, assigns. `N . Description: King,WA Document—Year.Month.Day.DocID 1985.926.881 Page: 1 of 3 . :. Order: 208163103 Comment: . f,.r— ` . • • • Said heretofore mentioned Grantee, its successors'or assigns. shall.have the right. without prior notice or proceeding at law, at such times as may be • • 4 necessary to enter upon said abovve-described permanent easement for the purpose of constructing. maintaining, repairing,.•altering:or reconstructing said • utility, or making any connections therewith, without incurring.any legal ' • •• - obligations or liability therefore. provided that such construction. • , A maintaining. repairing, altering or reconstructing of such utility shall be , 1 • I ,accomplished in such a manner that the private•improvements existing in the • 1 • , rigbt(s)-of-way shall not be disturbed-or damaged, or in the event they are • 1 distWbed or damaged, they will be replaced in as.good a condition.as they mere - • i immediately before the property was entered upon by the Grantee. • i . The Grantor shall fully use and-enjoy the aforedescribed premises. including - •• . •4. the right to retain'the,right to use the.surface of said right-of-way if such ' use does not interfere with installation and maintenance of the utility line. - 7 However, the Grantor shall not erect buildings or structures over, under or ' ' -. across the right-of-way during the existence of such utility. . ' �. ' Grantor acknowledges that the Grantee may transfer this easement to the City of , Renton for the purposes herein described_ . . ' i .•� 'This easement shall be a covenant running with the,land and shall be binding on , .i - 'the'Grantor, Grantee;-their successors, heirs,and assigns. Grantors covenant- • . - that tbey'are the lawful owners of the abpre properties and that they'hare a • • ,good.and'lawful right to execute this agreement': • . • • . . .. .. . .. . • ana. � . - . .: • . • • 1' S.IATE•DF'. • • t • a COlifnf Of ) ss. • • • e un•dersigned,a Retail Public in and for the State of/i)pe ngf,Y►t� • I,te hereby certify that on thisoSrlday of_ - , 19f-,, personally . • - appeared:before me_ J-f E.nty_ /Qey . . - • f. ...and O, i. yr[kd . ' : to kie knwn , - :to be individuals°described in and who executed the foregoing instruoent,,and • i • acknoirl edged that -r4e j •- - . signed and sealed the' . same'as--here..-..free and voluntary act and deed for the uses and purposes therein mentioned. �s� 8y r�f{4�' • . i �� " 'ice^k-`y� , 1 • -Notary Public in and fnir �t:L _ .F • . .Y • a. =: S. �x . residing& - .! • i • ".F- : i � - Q - ��•• .. • M •4,40 W • . ' i �� '• • • • Z Description: ICing,WA Document-Year.Montti.Day.DocID 1985.926.881 Page: 2 of 3 ' - - • . Order: 208163103 Comment: - - =� . fWtY�YC_L 'J! • 3.. ■J +iT ••• N Aim.. •- : • - "0...i- . • I � • • • $4D4 6L. O :i I-- -.7, --• L4sZ _ - .. • - I, . h. • 2 _ ' 3 h '# ~ /{lam-R�14�f • • ' is a► rntorooa! f� • i • .aar v�9Q�� i. ' p { wMr'1+ w0.sive 1 't PG ' .. rs}sit it►N 3�.wtF�' �a?J - �,-{` 3�+t (3L.�{) • '77 . -. 31 1 - - _ • • •• w = " 4 A • G ti,� ►t two - i A' t - I;. I.al • _ 1. !•a j ej__ cell ' .'Iy �f/ P y :?�-N •i1.•' NE•2ND PL trur�orr ten) F • • .,I 1• 8�. 1 1 y • 1 1 �1 1. • It I. 7›.-1. „e, / , „el ...,'.1 .1 . oet -1: • • I a _ - . • _ + • ,. . I 2 •±N.at,! 't7-! .u•Rts taal•4?4t7 'Y ,Ww P .<llI.7•tlr • . . ..... •• . .1..1 Poi 4 • ••••• . ,.1 tba .116•3/...011.1 ''9•17;7741LI '. • • • Description: K.ng,WA Document-Year.Month.Day.DocZD 1985.926.881 Page: 3 of 3. • ' • Order: 208163103 Comment • __ _ • I • r 1 � • .. " .,`. !MUM 'Ili UM s ' • Suo l d "i" Mk • 86/09/1i N1674 8 RECD F 8.00 CRSHSL ****8.00 TRANSFER OF_TIIITE EASEMENT THIS INSTRUMENT, made this, day of f1!/� ▪ 1986, by and between FAIRFIELD DEVELOPMENTS, INC., a Washington corporation (hereinafter Called "grantor") and THE CITY OF • RENTON, a Washington municipal corporation (hereinafter called V "the Cityw). 1g WHEREAS, Grantor has obtained a utility easement through, across and upon property in King County, Washington, said ease- ment being recorded in the official records of King County, a copy of which is attached hereto as Exhibit A and incorporated by this reference herein) and WHEREAS, said easement expressly provides that the easement may be transferred to the City of Renton; and WHEREAS, the City has requested the transfer of said ease- ment as part of the approval process of Grantorla development of the property served by said easement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, Grantor does by these presents grant, bargain, sell and convey onto the city said utility easement recorded in the official records of Icing County, a copy of which is attached hereto as Exhibit A, along with all rights and responsibilities appurtenant thereto. Grantor retains a tesporary construction easement for all purposes during the construction of any facilities over, across, along, in, upon, and under said safisrent, together with • the right of ingress to and egress from said easement for the construction, maintenance and repair of any utility facilities required to be installed or maintained by Grantor. FILL Re- d a Reg of. Rrtac ►vfi�r E%CISE TAX NUTS DfRs�ian • ': s = • , • Description: King,WA Document-Year.Month.Day.Doc2D 1986.911.2679 Page: I of 9 Order: 208163103 Comment: •--- ••_._.. -...�.•l_ ..• -,_.____��_ .L.,`. — ..r_. • ._ • I • i, IN WITNESS NER1 OB the said grantor has executed this instrument on the,dt L day of I�ri j' , 1996. FAIRFIELD DEVELOPMENTS, INC. Richard R. Hathaway , Vice President CO pl O STATE OF WASHINGTON ) C1 COUNTY OF RING ) I certify that I know or have satisfactory evidence - that Richard R. Hathaway signed this instrument, on oath stated that he vas authorized to execute the instrument and acknowledge as Vice President of Fairfield Developments, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 6 I I --I /' _ Dated:'1/ jo. /94 t1.GA.m.. (V O . . I�1. . ! NotaryPublic in an. for the i 'Statgf Washington, residing N9»D at .�,LL( C f• �oiAeyt . (a; -" :a 1, 91�:y21.\•• 1' • • - • . .-.- - ,aer�'- �'-•-- Description: Xing,WA Document-Year.Ionth.Day.DocID 1986.911.2674 Page: 2 of 4 • Order: 208163103 Comment: -- -•--•_ -_. _ -,,,,•:w... . •- I +/ •.• -•--•--ram .;. .__ _. �.___. •_.• ._. _. ..: ---- -' -- - ..,. _ _•_-� '--_ . • • • • • 'N1 T A • •,; UTILITY EASEMENT •., . %Mt THIS INSTRUMENT,fade this 2.3 day of 2.4 L , 19 8, by and between HENRY J. RRLKO end AQR'AALKO hereinafter celled "Orantor(s)", and FAIRFIELD DEVELOPMENTS, INC., a Washington Corporation hereinafter called "Grantee". e5/09/26 iOOBI e RECD P 7.0P CRSHSI. e7.00. WITNESSETH: 55 • That said Grantor(s), for end In consideration of the sum of $ ONE DOLLAR paid by Grantee, and other valuable consideration, do by these presents, n/ grant, bargain. sell. convey, and warrant unto the said Grantee. its successors and assigns, an easement for sanitary sewer with necessary appurtenances over, through, across and upon the following described property 1 In in King County, Washington, more particularly described as follows: The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 3/4 of the r Northwest.1/4 in Section 25, Township 23 North, Range 5 East, N.N., SR in King County. Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street. under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and - j nine the same as excluded in deed recorded under Auditor's File 1r' No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, unrecorded); Situate in the City of Renton. County of King. State of Washington. c3 See attached sketch. 01 Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following described property, together with the right of ingress to.end egress from said described property for the foregoing purposes, said temporary easement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate, or November 1, 1987, whichever occurs first. The East 1/2 of the Northwest 1/4 of the Northwest I/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East, W.N.. in King County, Washington; EXCEPT portion thereof conveyed to King • County for Southeast 1O8th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and pine the same as excluded in deed recorded under Auditor's File No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. unrecorded); Situate in the City of Renton. County of King, State of Washington. See attached sketch. Fairfield Developments. it successors. heirs.and assigns, agrees to indemnify • • and hold harmless the Orantor(s) from may liability,costs or expenses • whatsoever relating to the vse of the temporary Moment by the iraatae(s), their successors or assigns. • 1 }1. Description: King,ATA Document—Year.Month.Day.DoclD 1986.911.1674 Page: 3 of 4 Order: 208163103 Comment: — . y - • . Said heretofore mentioned Greetea, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be . necessary to enter upon said above-described permanent easement for the purpose 4 of constructing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, without incurring any legal _ obligations or. liability therefore, provided that such construction, maintaining, repairing, altering or reconstructing of such utility shall be accomplished in such a manner that the privati' improvements existing in the right(s)-of-way shall not be disturbed or damaged, or in the event they are I+ disturbed or damaged, they will be replaced in as good a condition as they sere v4immediately before the property was entered upon by the Grantee. M . The Grantor shalt fully use and enjoy the aforedescribed premises. including the right to retain the right to use the surface of said right-of-way ff such use does not interfere with installation and maintenance of the utility line. However. the Grantor shall not erect buildings or structures over, under or • across the right-of-way during the existence of such utility. Grantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein described. • 13 This easement shalt be a covenant running with the land and shall be binding on the Grantor, Grantee, their successors, heirs, and assigns. Grantors covenant . that they are the lawful owners of the above properties and that they have a good and lawful right to exetute this agreement. I l- and 6 ADA BAi KB STATE OF COUNTY OF ) ss. • I, the undersigned, a Notary Public in and for the State of kip,/ gg hereby certify that on this aandeay of , 14 , penta ry appeared before me f a irk f - re, t d and e2 dw- ,/too : to me known to be individual(1)described in and who e-ecuted the foregoing instrument. and acknowledged that 4 e y signed and sealed the same as t tejm ,- free and voluntary act and deed for the uses and purposes therein mentioned. Notary Public'in and for tbi;Sty'tt,of.. • C ka o /.4450.n,'f0. residing at trkf07.�1 la a . r▪ � �,K . . 2 - De4cript1on: King,WA Document-Year.Month.Day.DocID 1986.911.1674 Page: 4 of 4 • ! Order: 208163103 Comment: ..•.••_..•-• --.. .._..k_ _ , - __•__ _. . s"...."__.._.._..___..._. 1 • `•. ii. ::. a RRCORDING NO. ` VOLUME/PAGE LOT LINE ADJUSTMENT NO. LUA99075LLA = LL)• CITY LAND RECORD NO. LND300193 �1g99oG�39°oo0r� �;o (e A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. ( CITY OF RENTON, KING COUNTY, WASHINGTON f : ` DECLARATION:.,:- ACKNOWLEDGEMENT: NOTES: KnoW:tbll men by these presents teat we the undersighed State of Washington ) 1) The monument control shown for this site was accomplished S owptsr(s).Of the land-herein described do hereby make a �) )SS by field traverse utilizing a one (1) second theodolite 6dundary'Line gd}ustndfit thereof,•:pursuant to RCM! County of fK\01 ) with integral electronic distance measuring meter L..58.17.040 and declare this adjustment to,ha.tgg graphic V �.i (Geotlimeter 600) and Real Time Kinematic (RTK) Global reprepentatigry of the bane. and that-slid adjustment is This is to certify that on this el day of.MV3`R. Positioning System (GPS). Linear and angular closure of • made-with thy' free cagfsent ant( in accordance with [he •-•• 1999, before me. the u(tryyersi9 red. a notary the traverses meet the standards of WAC 332-130-090. o . E desires of .the owner:is). In,witoSss whereof we have.:. public:;DerSona]ly appeared 1]ipa' t.et K\tW A'A set out ha:A'tls and seals. _ _ to me known to 2) This survey represents physical improvement conditions as ▪ be tni`person(s) who executed the foregoing dedication and they existed April 03. 1998. the date of this field flckeooledged tp-me„that vEd signed the same as 1-ter survey. a �. I ,:free and vd3Uhtary att.dnd deed for the uses and purposes • _ tliyrein yank oned. 3) Utilities ether than those shown may exist on this site. o + _ .•• -: Only those which are visible or having visible evidence `6�• 9 S- •.::,.,,: - '; -i'Witness my,.hup[f'anti,bffictal seal the day and year of their installation are shown hereon. oti c� Owner-6ener•o/ prf.re.. R.bP�w-Sm/A E fer..Sit.Fo...•'y • ':i'f}fst above wr.ltten 4) Dimensions shown hereon are measured perpendicular to , � ; b%.nNed It, ' e-/, i P _--y-sra''i property lines. is e s �....._.....a:q Fw Will `-••- .. _ %�� yONg v'��� -' -- 1`� 5) Full easements ance havefor beendplaced son descriptions itledre report8rE from $ 2g-I1 bkn .•t S Il50"9 9q:• 'Irk. ll c i and for the State of Comonwealth Land Title Insurance Co. Commitment order Na. paDq:?-• ;Wa9hi gto,Dr reb'l ong,at ''tSr I1,II I H779539, dated November 23, 1998. No additional research Basis of Bearing: a.S 1 ` has been attempted. j .3 9 ?.- r. 6) This site is subject to rights for rdi es for cuts or fills } Gpshooservaii one Lambert Grid North Zone as aeterm,neu by • 4,,PpN1,:ti = as per instruments filed under Recording No.'s 5813072 }1, and 5823627 and by Superior Court Cause No. 632233. -::State o¢'Washinton +-) )SS i, 7) This site is subject to a Declaration of Covenant document APPROVALS: • recorded under King County Recording No. 9007250508. ! Countytof, 1 _ .�'::,,: This is to certify that qn.tdii.s day o! `• CITY OF RENTON 1999:.-before me. the:uRtlersigfied. a notary 1 DEPARTMENT OF PLANNING-,'9UILDING'AND PUBLIC WORKS: "-- ` :>+ ' ; Examined and approved•-this Z' '--d of IuAw public, personally apREared ., +::,.:>' = ''r?Y :•to me sown to A.D.. 1999. bekthe person(s) who execULed,tjle:?brego,Iig tledic4iion and-"-'-'-••••:.- acknowledged to me that signed;the same:I3s ORIGINAL DESCRIPTIONS: s c--.-._ ...� free and voluntary act and deed for tn9(roses and'purprdes _ therein mentioned. :: -- h �-. Tfie East 1:12 of.the Northwest 1/4 of the Northwest 1/4 of Atlminjstrl3tgr;'pf annjng, Building and ...tee Northwest 1.4 in Section 15, Township 23 North. Range Witness my hand and official seal the day and year 5 East. W.M.,;Sri Kin • 1 Public Works a the Cify of Renton first above written. g,.County, Washington; t _ _ • Excep6'porLirn therCdf conveyed to King County for Southeast KING COUNT?'-DEPARTMENT OF ASSESSMENTS: •I' 128th Street, under' King County Recording No. 5813072: i - . ( Examined.::end aD.rou9d this •2� z=a=` day:=bf ryao----' -- A.D...:i999. ''-AOI4 except all Oa] and minerals and the right to explore . - Notary Public in and for the State of for and'mine the same as excluded in deed recorded under Auditor's File N6._3012-0b6: -' ' Washington, resitling at • F o$'c.ma .:No 6(� (Also known a5 Tract 2 of Martin's Acre Tracts. unrecorded) King Coufry Assessor j -- _ - Situate in the City of Renton. County of King. State of y✓ _; Wasn ington. �61,,c.•1, .• : Aquifer-::.Protection Notice: Deputy Assessor=-. :-' .-^ Together with the following: Account Number 3'{.. /o-...7. -^•afa_,1,3/ .•Tfie lots created ner9ie.fall within Zone 2 of Rentons Aquifer i City otion Arda andnare-subject to the requirements of the The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of City of''Rentan Ortl'frim a ,fd367 and as amended by the Northwest 1/4 of Section 15. Township 23 North. Range .:.... Ordinance db74D. .,This CiCy's soleaource of drinking water is 5 East W.M.: supplied from a Shallow:9quifer ofide0:the city surface. There is•no natural harrier between the watelt:table and ground Except the North 30 feet thereof: -''surface. Extreme care.thould be-exercised wheri.handling of • ) any liquid suDstance,:nther that water:to prot'ect:•from contact And except portion condemned in King County Superior Court j with:the gr0dnd surface. It IS the pCoperty:owners'.responsibility, Cause No. 632233. for street: t1a.protect-oine city's drinking water. j .-.: And except the North 12 feet thereof conveyed to King County for Southeast 128th Street by deed recorded December 16. 1964 ' 1 ""'' --•under Recording No. 5823627: 1 Except-all coal and minerals and the right to explore for and mine f;he same. as exclutletl by deed recorded under King County Recording No. 192430: • ( (Also keo3arf'as a-Doi E}on of Tract 3. Martin's Acre Tracts. unrecorded): i :. Sitifdte in the-C-r-tt of Renton. County of King, State of f -:Washington. f 'e f ..•:o-.d:': earn DATE:I .3 ,3 ::•-:: _7 .I:"''::: 1� f t 0 Centre 33639 Jlh Avenue South RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: N E•i f Fea" fry;:wa. 980oa.•' .NW—NW 15, T 3N, Rri�;;`WM Reco,ding No. IJ ( .�4 y n, y. y e 'a1, � ' 65r� • (z53) asi=tam'•--• suavi,roR ; • -' . D e a 46nnos this LLA correct] represents a survey made b me o! '4A'-' Pointe Nr.,:Tim D'Kage. NW Rdtai] Pat-triers :=�' • fil[111yr record this 7 oar of .Y isU ,„,a(/ 12 or under my direction in conformance with the requirements ry 00, ` 11.• ' of the appropriate State and County Statute and Ordinance a`1' • ._60Q•Univers-}ty St.,•'Su ite8f2 ' Le..in bent/4 C.or,jL/iju 7 of metaLit ne revues,of in February. 1999. = Q S�Veying •.• 7f r�aad E.Lamb. / 22 e o 1.3. •Seattle, •yG 981,Oj f 'r I sti10 h ch iei,n at K Maim Ludo er S Woods KING COUNTY;` WASHINGTON iti Ra r 7. '�r,n,., ...., ,„, arson q nines l2-15-1999 ogre June 15. 3999 me eD: 1523 .. /� g! E. ,..._........_. SHEET 1 OF , ' ` pager 1 4intenaen ad Rea s ' Certificate No. 22333 ,����• • scut DNA mayor NAM 1523 `�J , -- r E } ' RECORDING NO. ' VOLUME/PAGE LOT LINE ADJUSTMENT "NO_. LUA99075LLA - ll CITY LAND RECORD NO. LND300193 ;.130 /o y f • A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. . . CITY OF RENTON, KING COUNTY, WASHINGTON �."•:•,..• Not to Scale ' w _ Northwest c rner Sec. Is. corner « North 3M.. En c . Sec. 15. ;AP. mz;'. -•�' Found brassnpin Sin E.0 concrete. Fauntl23N Er ring. disc with Legend: tizi incased. City of Renton (......-'punch at surface. • e =Monument found as noted. Visited March 24, f999. Et4 ?9 i10 \SD •. •: ,• Tf .Found Weiland flag 39 E•'4 —._Dg,4 rf ` I 'v y- • =.figunddwetland•flag plastic cap stamped'CPS 22338- 10�03966 ••A • *.ss, .ix .:. ow' C J c cc d ty f Renton _ _ C� trol Potnt il w•_ ... ,in o .. }I 95 o,p3• 12z7) L 4 C+' 1 �n �2ge9j0 Lambert Grid North Zone Coordinates from de./2.cc • S •'• '' x mt� ism GPS observation. Based upon NOS control grid. Z��mc £ 42Af• NO'go,'46'E:616.65' ,-,1r11'/r/'s efl _ �c SO'd7•dfi'X _ ��� # 4?i.Dd'.NEW- •. _} �` x x x --. f z> • • -� 247.65' NEW / i ; 1 0 x.. mom.. .. '' gEn /L`-. nio',, ZO VU N I V•W O m i' (l L LiN ( ` of ri cd n' f\ -...... m `, m .�ti ..y•" - m _) 2 \ (� 0 I,/ 7 . '\ _ : 0z m 7-. mom Z ^sO O :: I NO'47'46"E 471.Op: NEW NeM,l ine�J w• f l m - Old:line—= 1 ;'i:- • v NO'50'59"E 619.25' OLD - - .m mIm do j �T:: N See Sheet 3 of 3 ii .. .. .. { r2391 _-" • 0 o4o Do • y 33639'81h Avenue South 'vtxNUer11—NW-.A5, T23 N R5E •lfals . 11111, SCALE: SIIRVGT FOR Pt ae. arrs� 40y:p11;'''Ye/4,1‘.:•',31_,•,:f • c�J4' murd HT. K Main p n S WOODS KING CO-EJ"NTY; WASI-IINGTOI�I�, 11 ' ',FIFES 12-15-1999 Mtn June 15, 1999 Ae m: 1523 f• = 40' RRdm'R xaue 1523 SHEET 2 OF:',3 y .::,. i 1 5,q ek nca a.?1 goouo 5 --' "t1 •.. • RECORDING NO. VOL11/1R/PAOE 5 _ LOT _ LINE ADJUSTMENT_ N0. LUA990'75LLA ,oy4 CITY LAND RECORD NO. LND300193 A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. x CITY OF RENTON, KING COUNTY, WASHINGTON • I. "r" .tl-eRa S Sheet.,2 of 3 3 :..0 1 Y^ 7 i ;I:'...... m•1... NO.47'46"E 471.00' NEW New line-- .1 n s • NO.5 '59"E 619.25' OLO 3w — S.21 lagig fi C.) NI - Il.::::". z pp tza,•-1 i li 0 O .Y] Building 1y4 1- ;lN 1~i J Y co �iJ �I�+LL1C1'. 1 U] s-1 (( rU) •.ZO mm 1 u -"\' ,i SO•f54'12"W.Si9;H6' :.p. .: 1 .___L'\c 11 J ... Cu a Legend: da^� Gumm 1. 0 Monument found as noted. Vf9ited March 24, 1998. jf �Found wetland Tlag :. i p� � _!4trebar with red plastic cap stamped -CPS 2233a' ;J se . _........ 0 40 eo .....,....„, Centre 33639 9 A S th ! � . A Bua V ><h venue au ' C Federal Way:�qn: Lop•` N '-IIV-15, T23N, R�Es YM '' 253 OB1-190i' j // �11 �l '�y Pointe Mr..:T im •O'Kap e. NW Retail Pai`tnens # -k� SCALE: et�� -_6Q0 University St..:Suite 31512 "`.• PI ` » > f ; !. 4• P Surveying •Seattle. NA 9070i . Y-,,,sit.„,,,QE� CEO JQ' olutN BY. CNa,'1(80 BY: n 1 =40 h S K Main S Woods KING COUN-T.Y;'WASHINGTON` i a,ms 12-15-1999 °Km June 15. 1999 ]Bs RB' 1523 ."'" 1523 SHEET 3 OF::-:3, ,,,..6.......... , seas 1" - 40 - BRdnSC ML I ` i .4(144. ' II J4 ^x • • j A 13221 S.E. 128th Renton, WWn. _r.• 1 TI.-- A Frankrank •Siebens T, - CLAIM y� [ LEE •`5 =1c =" RelstoQ� } _t. Tract 2 s^.- The raator _Sherein....F• re nit S._,Sie ,Qn b .9...dn3.Mrs..Frank..Siabens• ••.• ;- ......•s.._.. •..._..•_•..........•.._.— —....••.m_._._— _...• . ... E _-- . • :: consideration of_..$._ .0.0:.AQ»-,.....-.•.--... -.-..._.........__._._.—....•.....••_...._.......•....... Dollars • t r for We �'•"' b reason of]a out and establishing a public road '_`c • �' end also of benefits to accrae to__..ls�t yan ._by laying I i ! ' ` and sit- • '.1 ;tbrougb_y��.$4-1.i- .property,Mud which is hereinafter described,convey.__•..release , 4 ?. ;! L. ` " • °' : Btate of Washington,for use of r•`` • r,a I claia+» ;•.to the County oL._..:... i`,p.c • y '':the Public forever,as a puBliu road Mid.vic-Wilkey Acre'tracits.unrec In .e c real-1,sTxp• ,_3 N. R« L } ; o tion of Tract o.of•14 .;: i tt '''• 47..f11. said portion being described an fo71olia'rs••r The.s•Z 2 f t. of the 5« `• [ i '•ft .of the E.1/2 of•'the;E�W ' .of..the'N.W., of the•N.W.� t - •••� ontai'ning 0;10 Acres uior:eij ox.;.lens • • ' +_;:• +: I.. •R/l :S.E. 128th Stt,;c•{c 7.a,2�t�bd;Ave•:a.E.,. to 168thlrAve:.S E:} r•i:i _ :"..A -i • *• �• I•" .. p and on each ;;i••:. together with the right to t.ofmiscall segeeaery.alo»eti for cute and Ells upon'pe ab eifications for highwayn oses • • ;aide of hesaidane extent end nrpolle1 a riri h ted bed bees n acquired by condemnation pr ceed� -' i,snd•to tlie',eame and p?up.4 v been. .is i i, 'itiga•undeer Eminent:Domain etttutesrala,Tbek$tate,o!''44ashingtin„•.:.}hiI•1;4.;.y. -.. j - 4'l• r• h•Y''•";-'tl1 F0,"•e-.1•l..,r i- ?..•.g:sr i;;:r S'rr«�•.,; t,• . t,:r �.i: i,,���,.gv i ..ai.1�:yi7}•....,.•••..•;i:.State of Waabiagton. - 'i n eitnated.iti the County oL_i� ? a..q ,lr i ._ ' • ly.-•° i Yilt:'"�i, '�••"rr It .. •.. ..°•• t �� F•L rr a T�.k.c.r...._....__.�_r A.D.19.._. :fi• .Da>;~ed thin. :�.-:. de¢of�':y�'�li i '� "WIT '• =:a• S:y:•: Ath7,,9.;,trri':: :' �':'' ....... • . yy-. , M•d,r.. °�'C aC• . ,�,'an— ...�.Lct°Aa.:�rL�a:�. • • '..r. • • I. :77.1 ram''.,,.. .-. ...•. -:• • • •.•t• .ti• '1"'' f•I• :.J`r r .,4. i • • • •,4/.: • .. •{r !('.:,•-may" . : : .:• • • .._- ••,.ter N_ • =r Yir_ 1 I t — • . 1 1 , :.‘•=tz...7. ..e.r...4..1.47rm._;....-_.::.-_;-04,41.4-. -..--_•-_ _•34;=....j...4-.. it-,. QUIT-CLAIM DEED . i i . • '.`t T . rmator.2 basis.. I.V. Carafe and Eteltres Z. Carus) . I . ....... :--: . - - - • •- tr.for the toes;&rstkei at S.-1U.00 Dolt.re MA AO*of bilialte t**COM'to. .73 C....Kt.. -..by ram Of Whig coat 004*obibliabibt•Yablie tv" I . ' " *---4...r AT C."' bilA Whirl is IrsiVort 4*Ft:4;a.c=rrs. .rckLIst• •eo4 sett. ii ii , 0 claim.— ............ ..... .. -Suds or Vcsir.wiss.for..; II the Pa bile lastyte,aa a rablia road fad biattaaN All Interes4 ta tko tailealaa deacribed nal edam vIa..1 ' . IL portico of Treat 3 of Martinis Aare Treats thwart. is $sa. 15, Twp.23 X.R . . ,5_R.W.N., said portion.beiag described es..fo1lovelThe S. la ft. of the N. 42 ft. of the.:324'.60 ft, of the V. .90 rt. of the V.1/2 or the U.S. of the t, N.W. of eeid.:Sto ,i15.: •Oantainiog.-.02 Aaree tare or less. .., R/Ii 5.2.:..1280.ac ,....(..432nd.Ave..3.E.,-i...tO.„168th Mo. 3.E.) . : ' • together S•i iSiliCts ilk-alai la:m.0 Ascii far oda aad fills opts to abatdag wapiti,aid oti sea ads at said deeeribodsiellrietqlsAls coatety id*duakarli aad apccifintioas belligliway wpm+. • '. . and to the lam taint lad isaspait aa II the rights'Mein; . .44 hool!.!WiskeS hi evadtimpalice loxes& ' Ina nadir lesiaaai plaid?.'stadia at%is State al..W • ••••'.i.:1.-',..,..,...,-,...-..,- . 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':. ...-. ,. • . :.L.4;•:.yr.ft,•,1!....iit,.:4,...74,1•••,t•-.1.1-..-cnt•ATom.......e,re,-.. ,...1,--4-•_t•-•.,••t...,,,.....1.,,it, ils.:...,.--.....-:•.-... .. i' :. • . . . . . . . • ... .. . : 1......"' . ..'"z:V.';,‘,1:-.V;Y:.,V,...-"!:.;!.;',:";....:,':. 17....i i...i.'i?1$1!giiii,$,:f.P,V.4:',:?4,1.!'?:...:'..1.."...... ''''..'''...?!..:. ",....:..'.';,..-.... • ;, . . . . ' . ... .":I., ....1.%....;..''i.;::•:..'•:':::i•li.C4.11.:;*::.,rxi:Arii:g::;4:g4,.i.'aiZrih,''''•;;;k43.'.2),:s"-4i.:;4."''. ''..-•',*''.''''r•..,:'.7 ..,'7•,;-..".•7.Z.,,...'••.... ,- ,:-• . .....• ;".. :."....'...:.:;::..,':,"^.',.:A.'".:•.,.:.',.;=.;'...;:;:::' .,i''':.;'-'.....tPZIT..1.' ,5s.i.7..:E.'' •• .. r' . .. . ....,:.,,.S....... ..i'...... ... . . . •.•. •• " ....• • . . . . . . . . . • . . , . .. . , . ..,. .. • • . . . . •, .. .. . . • . .. . •' . • . . . . . . . • • • .• • . .. . . . . . . . . . . . . . . .. • . . . . : .. ...... . . . . • . . . . • ••• •. • • • •.•. . . .. ' . . . . . . • • . .. . • •• • ft. ' i . .. . . ••• • • • ' • .. .. .. •. . . . . . . . • . :. • • ... •* . . • . . . . . . . •• • •• •• • . . • . . • . . . • • • . • . . . • . • . •• • .•. - ' • . . . . • • • . .. . • . • • . . . • . . • . • . . ..; . .. . . . • . • . . .. . • • . . . • • ...• . • . • • . . . • • • . . . . • . .. • • . .• . . • . • • • • • . • • • • • ..... DEC 16 1964 i Jun. 7. 2001 9:31AN} ABC LEGAL SERVICES 206-839-1196 No. 5348 P. 6. • %-,...,, ZN Tl 3UPJ:,RZOR COURT OF THE STATE OL+ LIA:iHXflQ ''. TON FOR KING COUNTY , • " '• K1Nb COUP , 4 J.np�17, subdivie�ion or `•. •- ' te• state oi' Wan hi.rig ton9 1 ; ::r'.r' Plaintiff nti fr ` ' :i.,•.; :. va. NO. 632233 . x; fir=.A'•T,JC, IIJC, et al, • .. '. '-'k= Defendants • • �.'�.• DECREE OF APPROPRIAI'XON 85> '`:• +,. CONFESSION s i " ' Parcels Ho. A zJ�,2b�31r32>33 '16• l3olH,2a,222�';�:` r,>3 .37,3 fill: ll ... HIS MATTER having come on duly end regularly before e r▪ '�' r,;s?:r. ;'• undersigned ,.r, crt s•,' <, • gn 3udge of the above-entitled court fora �' a of • °,;°� ` . ••�''Q., 'Appropriation by Confession �T ;, ;� v; }.7 ' , : s pursuant to RCW $.16.110, nt '•,.,,.,,,,:i _Y••_3: ,:. ..•• htbugh Charles 0, Carroll, Proseauti Ittorn ▪ ' • L}g. ,,..: fo�c"Kirig!ColinitY, and Robert , ti•=44. :t �P.:',e;°q.. ,•,;:;yy., Kuv4rei hia.Jt t *:� • , ... `..:.,, end;i;he deCendenta interested i n parcel a ''' ;`% ''�:��.V� • p number 2,8 ;:),1/13i,Igirg 1:,. : ; '•.. •;22'r'2:3r2'4,26,3I,3*>33,035,36,37,.38 'T� "'iee:•'=::,.•:=.14:• PI al :i-it=„?,'.i�"r ae;,p`et4,t 'on;.T,,.',•, ' '''th3 canna named a detoe .645ri inof •dr" ;;: ileb•i' being as r' >r° '>r,;'i,::' deeda''af:tached' a Uso 8 i n the cap'1ae' o:a";le.k..,,-• I J • 'a ,': maid c� t'� • al9 4 ��' .,$ ?:,; ....,:a+ d it appearing from .th 'grants sexy f.•. ;, ; +1;,, ,, •` ,^sl.'t` that the defendants nave confessed the petition of •• '" ,-ctir �+i have S' ,. `and received suet compensation for,the t '•:ra intermits in I ,,:,!...n eatate desired to be taken by ;;`' :s' i `„ .� plaint:LIT herein, tip .. Q..r; HE!}$Bx ORDERED, AD, jD(;eFD•AND 8J3CRRI�F? that the cMrre a r`. a•:.o. ', fir• l "`GAB=•'�Z.;'w:.;l.., • <ry V•• iS,'kL,, . in .- v y;i•,E�. 1 door interest tax the following ';> •v'-,,:. .';` , described property trid " ; +i�,, • t u 3di ngs located t er y �-'.a�••:•,'• ▪ :,• h eon, situate in King Court ..%;,'•. •• lhe'eby issgprcipr pted and conveyed to the plai,nir3tr `�Y.. '- F `- • w;}: 'Da'cel .numbers as Qe�crrbed inExhibib 'I8' tt ched hereto. ¢ •,;,�,; I. ' 4. La'yyM1 • ' ';44.,..1•;.i. . . r....';',..ft::::: •'Y-.,-.p.'4wi :et •' ,rya 1 EU 9 �?"';%�,�;°ire'" `'e:�J E:..d;..�• �.,�..•.'3jia5:i. A� y 'e�v' :y,�y,^:�;•:.;_ .,, .�,,•:Ya �. • I • . ..: iJun. 7, 2007 9:32A .,-,,...1::ABCLEeGij.,.. ;...EV....1„ ..! .1),...7. 397..!116..„2:,,..,:,; . , . - - .• ... ....... .:.,.,:.:„.:•:.:..,,,,-. ;,,,.„,...,, , , ...,... ,....,,,.• , :•,,:,,,.. ,,•:.-::;,4-itt..•••••.••-•-1-7..,.:-:..c, .....-e;ta..''5:';'"I,:;i@sei-:••••$••::,. ..- '• •;..'..;•.-4.444....)•,:•,,i-:. .?,...,,b5) .--,..%..:,•,•-',,...,;•:,...i-. -..:‘,.'•,,,:... :. ...:-0 e•••••,... 4 .• , • ....• -.1/447,,.- ,..:,-w.• •••,., ....,.,..,,,•• 41 .. " .1, ,..-.%.”.•.••• •,..•1. ••••...... .Ni. . .....::•. •-•,,,...„1,6.0„,4...,•47:•,,,,,,,.; ...;,.....•t.,-,..:„. • • , ..:••7:,:.:,... ..$1:4•••:,•-..•••....• • .. ••4• • .4. •:.• . • %.. ' .'•..-.::-.::.,-,I'.." '.,-iior.:: ' • . .• • . •::.• ..:....,:,•::!,--;:..., •-.7 .,.: ..,,.—. ..1,-.::::-.5:•i.-•.:,,,::. :,: • • . 4 •••••-..11••. • • .. ...s....., ,,,,• , 1 •J.•‘..,..7 . 7.......;.... ..•-••!,.}•''...1 - • •.:12...'"i• . I .-••:.:„';,4. :::'•.,•'..-A,.' .,..:4:4,;`.‘ '%:'••••Z • ..:: ,.,.?• • I IS VURTRER 0.10ERED, ADJUIXIED AND DECREED that the plaintr ,..g. •• •::,/./.5,,:a; "-irk:, .: •.i.•..g•' ...s,,,i,i.,;:,: .. is the owner or isiviskleztaic for purposes Of A O0Unty road ,:,,.•.:.• ,,,,; ,,l,'"i- '. " •-. - - ....;.,:t.,‘.p . • ',.i.;:..":$••••'` ....V.X1-• • . ••:11,'••• •• -,,,--„ .;74;•'04,f t.. aa described in .13.1xhib1t °A" etteolIed hereto or the aCter-desorilAw342• •:- • • ::i, if:T.:,',.'• parcels ot real.property and buildings located thereon and la •on•-•:;:••(P..— I1:0,gc::.-..• • ...t0i>x)i.4‘. • •• _ —. :..; ....::"..i.;,.. ., .1•:: :,/....ile.; .. ' titled to•enter...into possession Of and at al/ times 'hereafter'41.1.Se:•,:!''' ':i. •:;•:. ,:f•'' .. •. • • • ...• •••• ,,...• . ;,4c..,;-• : •• •fi• ••.:•.•-•ir ..•,- ,.el.?'••.•*••••• and pciaaaaa said real prOperty U against all parties known and4,;-.:.7'...1,• • • .04:4:: ::',6.`,,!i.;••=1:'•'il. I." -..-.. . , .:-g/W.• '..1;,,-;*01!.., . .. • UoisnOWn, Aaid Parcels being described In SIdlibtt "BH attached • 1,1,1:.,;.i...i ••..,,,,•-.,•*:::(•-; " .,. ''.':,I..P•cez•Ip..j.... • . .• • • • - -i.:',r4'Al.,.,1;•';.••• nitrate. 1.;:,..:!.1.:......• . • -.4i-i-11;;;,:. •• , k ." 4. pg;1 . -- DONE IN 011ltN, COURT th:Ls ,....1/ day of 41krehp, 19635 1.:‘, •,,,,,:, .:•,..4vi:5;t„2:11... . .....:....r.4c.clot, ,,,,•. .• .*kr,:.. • ..1.,,,,- 47,•-• ; '-if1-4.::•••••, .1?!1:::‘,-, ',41.'•';•'.• •••••;!.*.',1.i.:.. ....7.2,-.•,.,...). ....) .:,...;-•.:.,?i,sts 1 ,r••-•-•/ -•:;11. - e-•-t.::::: ,,.. .•''' • •411.:4 l'.....,. :;';'.3';'.':',,tit-':41•,1-4,.. ,, - - • ,,,... A .r. 5:•.; :.•,;:,i,,ON:414:':I.,: ,1.' 1.-'61o,• ...."'.' . -,{•).4- •''':'WV L..;••••,...4.1••••:•.'''',it,'.•:''. P• 1•••... • •.',..i......ii 70...1•• • • • ••.' .•!•:k...\.4.; . .....f,4?-et...,1•;1' . . . . -••.:f.V.,f, SP5''''Ale,•••!i•••' • . • , •')...A::.•14,..R;••••••,•'•1 Preented by, •:!•,'::.4;t4;,.,.-• - ....!.-•3.W.":i.t 1, . .•'*.e,,lik,r„.•.....,':`•:•; '•'..,‘:.11;.'O.F:!..: •A•.,,c''''tig;4.-..'.. 7%4,, •,,r.,' 170'w...44:• 1474k....tf.4:4,•:;''''''''' . ••. t.,*.1 4f. •••••••/!.''‘•,•••• ''.'•' • ' • . :',.:;•;?..c• •it..,•• ':. :•,•• . •:. • " . • •• • :•%'.. .,::13:: .:•,•••:.•:i.'.:1/'- • . ••'' '';,.,'''''it* • .; -• ;;•,,Ne...-*- •,:.14'1..•1-- •.1.C?:...1,• : " :tweb.`",; `..!,..':?:!•0.7(.•••:••••••• •IR!; s. ill' • ..isectt iv. . Dr ey . • . ,..i..5%e•,:q..•'.'• • tv.i=ke os.Tzttr r ...„,...-.. • • . •• • • 4,.. . [I:)..,..;...).!.. !.1.1:4:,•e„,Te.t.•••• . 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'• 1 1 i ! 1 , Jun. 7. 2007,' 9!.3A-4#''..%•,,,[4.:Vki- SERVI,C,,E,S,267,-81::.:146fAn'aS0?n*VP% .4- ..” .2%...— . ....*:::1,,,,Nwem,zir,...,.......: ••••• . 1%. -,,O..........:,.:-.., •;.• • • ;:.....‘. ,- ...:!•,. 1 •0• •• "fist:,„•,•:/-4i,s:-... ,.. ',X.1.a:•-1-:*1-f-' • ' • . , . ...:.• •P.•••,, ...k • .,.. ...••••• •••,•„,4•,,„.• 1;,...,;-,..• .; • • ,..,1;,..,..4.• 4,•,,,,,;." •iziv,7„ •s, , ,...,..„. . .:,., t;,..• • I •.,., , s V.. • p,.• .it 0 L u T .1 0 N :5.1 .M. • -'. ::•;.:!.. O. 28984 •:.••-•:.•,,,,r . ,.•:4T,... .••:•49',.. I v..%.,•• • ..;•:•:,.:,.. •e.:•.v..0..:•••. ;•:::•i,'t • .,. ,.,. the Board or County Commissioners of Ring County have •:,,A.:; .7;;, ilizitermined it to be nocessary to cloqu4 vo the land and property here- .., ...• . desoribed for the public purpose of county road rights-of- .. •i;:J 2444; .• ,N:,, •••.;Way* aF) to-wit: • • ,,,,v, • A-41.•'''. S.B. 128th Street (132nd Ave. S.E. to 168th Ave S.E.) . ''',..:. ..:%,:.',.;......: wurREAs, i t appears that Ring County 1 s unable to agree wish ,....: .:;"•::::-.1..{,1#621 .owners of said land and property for it's purchase and must resort ....•il..16z,,,,Opketoridemnation proceedings to acquire same as provided by law, now ... i„*.A4L4h.nrilafbre .i,•••• k•,.:• Vep <i:1147:4.),...• .1'.e.'j.., .7t404"'"... 'BE .•, "F4 T RESOLVED by the Board of County Commissioners of Xing •f t•. 0.; ,4* ,".. i •,":"11i:i 4 •!i.:,.,.:!..,..%_.6)*ty., 'dashington, that the ?roeouting Attorney of Xing County be ..;••:-•:':::g4! ••,•••?;1•':;eitifai''is• hereby authorized and directed to begin condemnation proceed- ':•5.-:,•'','- .., ••••, ,otlie,,•••••0•••.: •.• - .%ivAlipwuo accluire Property and: property rights together with rights to ...::•e„:.-!.i.L -141..4.1r4gtidstrilot and maintain slopes for cuts and fills on oartain abutting ,00d4y on And of the following described property in King County '.... ',E . :,•:., ;-,:'., • ;;S. „...11,:: ', S. E. 128th Street (132nd Ave. sat. to 2.sath, Ave. s. .) ,,,,,,,i, • .4:4.,f.x•c• .. •,....4,,A, ,Z:.1.,L"..•••• A strip of lend 84. feet in width, having 14.R feet of such width •:',..k. 3.i'Oliceach.A. owng described centerline: f.-;k side of the folli ...,..,;:?*. ,....,,,,,,... j,;•(.Aff.., .. Beginning at the Northwest corner of Sec. 15, Twp. 23 W.A. •.0c.:".-z- .' EW.M , thence Be.eterly a distance of 11,727.00 feet to ...:•:;;J:,.:,;• .:f.;-•:1,i1.1'•,,A.,ks.'"?'"•".' a terminus at a point on the centerline of 1'68th. Ave. S.E., •:;0:?'t*. . said point being N. 72°5136" Rest a distance of 32.17 rest .,..: from the Northeast corner of the W.I.i,1/4 or the N.W.!g of Sec. ...1... .q;::-.., ,.......‘,.• ' 13, TWP. 23 N. R. 5 k.',V.X. "....V,V, • RAS,301) iThip_Vril day of November 196/4.. • \.:$4,,t. •';:nt:' •!.,11•.,x, =*. , ',!...z..'•E4.: . • v,1.).,41q:• Z77. • BOARD OP COUNTY 0012LISSIONERS .?..;r,,:•,• . 'Ivet•:,;•• icING• COUNTY, WASHINGTON ":!--,-4.4i: • ' .;441.`•'s • W . . .. :. . . . -,'...„tlifek,.,,,,..A.a,wsT: • • • • ZD NUNHO • '..:•AV-. r.,-...1.0_0AtELT.A. MORRIS Chcarsiar— ---- ..:i,!a.- 241erk.of the Board . .,:...,. ..- gi;;;Is. SCOTT WALLACB • •• 1.; DA,w n •!'fYi"Tr.:... --.1`1%"4-'-„,_,'"" STRNDER .a7"7".srv."-'7.-6i--"—lmzi ----"— ...... ._.„,... . -,r, '•' P• . Deputy • •• .4',1.1,t::: • :•',=! . 1 ••••;Pc;711 : ' .• JOHN T. 0'BRIEN •••?'' 1 - .•, ,.., .... . . ,3.4.-',.• Com 17.Tiiiiregr'' •7•,..:At.?!: • .-A••;•' .'•!4'op . ..„4 1 • .:^'4•Li.' 12' • . 4• .;',-. N i-.. • • • • , •••.;I:i.': 1:'•••C7! ,:.'f•,'R., . ' ' ..4:„••;;, . .. 'ki.•S' ,(X. on FRoz ou../ro 9 .:..... ,_ .. A.,..1-.. icrx 14 1 S I T "A" • •; .: . ... .4‘,....?"-k.4".. • ! •,,,';K,AitIk,:u44:-,••:•••,i.::: .....:-;,: .,,,,:". .;••.: ., ,.•:..-:.....1::::,•,.: .. • •• • , • .. ::. •: '•'••i7:-,•- A ' ' ' •'' '' .' i i i Jun. 7. 2407 9:32AM ABC LEGAL SERVICES 206-839-1196 • , Na. 534$ P. 9 q. • Description '. The Korth 3/5 of the West Halt or tie Northwest Quarter of the Northwest :•• •Quarter ofthe Northwest Quarter of'Section 15, Township 23 North, Range 5 ra. ::';..• Bast W.M. ; FXO2? ' County Roads along the North acid West lines thereof; ,, . '"'i'' (ALSO KNOWN AS a portion of Treat 1 in Martin's Acre Tracts, an unrecorded ":, plat); LESS all coal and minerals and t1 right to explore for and mine the game; situate 3n the County of King, State or Washington. .5• Henry Thompson Ruggles ,• ,-f Owner • i;: Case No. 135461, King County • - ; Probate Northern Pacific Railway Company ' fit,,`;, Profit a Prendre File'.# 192430 M recorded in Vol. page ., y 386 �5�+ of beds, "` .'Fly •. ••1 51.:., . j r{' r..y 3t 4'.. Int 3,14 • es • { i�'S�i Y'p • .,/ Exhibit 8 n9 .ti j.: 1,1 II f i A REEL RtMf 1+�� 4. Jun. 7. 2007 9:32AM ABC LEGAL SERVICES 206-839-1196 r ...No, 5348 P. 10 ,,,,, :' �,,. Desor,ption . ,,;,The North � of the East of the Northeast 4 of the Northwestk or the North.. ,;:: . •.::4-woet 1 of Section 1 Township 23 North, Range 5 Ens rI.I4.; EXCEPT the;,,:Wsat ' AS the :last of the North of the East 1,1 of the Northwest ' of : '".,•the Northwest '-r or the Northwest i ot•said Section; EXCEPT County Roads; ^��' T,Eg3 coal and minerals and the right to explore fl "aituats in the Co gP or and matte the same; ::' County of King, State of lrsslYington. •5. g ...:T.:.r.� Ray W. Handt and Florence T. .4endt, •` , T t'4' formerly Florence T. Harvey Owners ? • Auditor's File #5256874 & r5167623 1 7,. Max and Eileen Sardessono "` Contract Purchasers '.f ;'• Auditor's File # 572l29 0,` Northern Pacific Railway Company •if,' F'" Profit a Prendre 1 r1r File #i9243C, Vol. 254 of ;; • , , Deeds Page .398 '`k F.,. 'try. '' • , EXhibi t B-12 • 7ti. ea.+-.. _'.- ? *` EEL 9 Rog60 "' f . .. , t � , . . : , 1 . . No, 5348 P. ii •• - • Jun, 7. 2007 9:32AMWR, ----- -- - 4 IWICit'44,410040AVO:L ,''ZT4Zaa5!MliT% :::"; '. ABC LEGAL SERVICES 206-839-1196164„. 1,.., ,..,,,....e6,. ,,,,..!,,,. ....Alt ..;,:A.,. • . • - • -- • ',.•• .-.4 6,-. • 4)7'i.• r.,..A?,.,.''. ' -,-.-y.4•Qtd'' .1„ .... .' , .1.:. .••••••• . •,.,:;vot:40r•thwest k of the Northwest ).4 of the Northeast ;4 of wile Northwest k iztiotion 15, Township 23 North, Stange 5 Bast W.M.; Z.XCEPT the West 7.5. ,-,:;!: .1111:Vt.therfsbr; AND SXitPT the East 80 feet thereof; LESS coal and minersals.•:.4.-, ,...::•,..._IM,:•4:,'the right to explore for and mine the same; situate 5.r.. the County or • 4!2.7.;:riii,'.. •batts of Washington. , . .6 •••.;- .; .. :.;;;",-, ..IT• • • :-.3-. .i:•••••: ?..;•:f.' ,•.. ••••; - • --Fz•• •:•.•': . ... , ' :.1v.f.,•?:.::;.• •::',,,e• ,' .3•:4•,. : ,..!•;ii . • • iiz•V•• • Sam Zot'woodi and Doris Zerwoodis; : 4-4: :'•::,..,1 • '•..:;;;f:P:','„ hiv wife . V.,. ;:.1-.•*•.• Owners . . . .:•wd*.. Auditor's Pile #5593432 :..v..ii:l....:•;:;, •:••• : •'; ''i-z::'., :41:1 J'EUrie 15 Marenakos and Georginia Harekid4ii- ..,4,„:.. ,...t.., 4a,..., kos, his wire . •'..,f:•. . . . • Owner.:a. ' • .1 * • ..f: • . •. ••:,:l • *Vi.:•.I. •Ar i.• 1.1..,•••i'. Auditor's File #5738851 .,.....1:, • :.•-•:?; •••,,;:•• • :.•:1,,',4::.,•, • •••;1,..10, Northern Pacific Railway Company 4 S41-14: 'a ti*1 • •%5Vbti Profit A Prendre .::v. • . . .Auditor's Pile #2841227 , • :1., ..• .., .--1A...:.•r' • • . . . . . . Elna'Pedersen and Theodore Peen 'ie'IC' • .'.'". ,,...$.^.:,..:... his 'wife .. _...o,•6,,-,,.,•„f • Judgment Creditor of owners .•10%,•A King County Superior Ccert •;, • 11?- ..4.'(•• Cause No. 564045 :.. .,1„... Aptex, The, • .:7..1;:i. : •:7.-F.#4. • •. ,iii.;:..Judgment Creditor's of Prl VI A.•';'• Owner . .King County Snpsrior.Court :7•••, tcoa g..1 . ..,•;f1, ..le,.4., Cause No. 575975 11':P . . •.,‘, :• 7,74,6••• -,,.7•,,,,, • ::7,...4%01,:k;• ,.. .1.7,-,R • • ...,. "Je.;.T:. • . • . ..;-•,,:„ •'....44'...4:7.: ',...,-.•!1 . 1 • : • . ..0.,---i$a:••. • • .4,,i w-. • . . '-,.. . , ... • ., . •;.‘$'...:.•••!.. • • ., • • • • .,,z • ....,..:., . -...,,,.y.. . . •..1-..:;-'4•L bit. 13.13 . . • • ... --::•:•,•.z••• ••:.? ! - "::=.::•••••,-•(•.• • • • • ..::. . ',::::••;ik .... .!•,,,WL • •:• :•• • 1 -,1,,,,,..,•4z • . • , 4.;•-,-•T „ .Nr4i,... • • ...fr.. 1 . . ,. • I ;LT.,:.• • . •• .,,. . . .. . -„4/is-4:0- ' • •• '•• t,..,.7 -. .rgt.fi,... ita. .9.niskiwk..c.,...1,:, . .... . .•....:,..:,-... ..:. , . ..:.,„, ...z.giam..;:....:..;:p:,,,,....,...,...,:,.z.:.a.4:::,44. .. . ...,,...,,,...„......,...,- !:lia'A.',:.,....-al-7. ... '•...CA-. :*o•-,- , - • . . I Jun, 7. 2007 9 33AM ABC LEGAL SERVICES 206-839-1196 No, 5348 P 12 • o44.5' .nxi•tion • yr f;= NNorth 180 feet (as measured ale the East line) of the 2lortheast • � ,;;tho:Northwest 1 of the Northeast or t2xe Northwest 3 of Section 15 ••':y`�r • :•-: 4 '8hip 23 North, Range 5 Caat Witt.; EXCEPT the West 150 feet thereof; '`` - :: %t=' 2? T the East 20 feet thereat' reserved for road; AND EXCEPT the North '•a�• . . •^1.'` 1,0 be thereof i,n Southeast 128th Street:; LESS coal end minerals and the ~'"•'t�'•'4"'" 't to explore for and mine the same; 01tuate in the County or King 'w • ' • - x'6e or Washington. .IF4"` ''4,a� Rumble Oil & Rerini ng Company ; ,3. Owner •••>c, •6j-tg,':2"•'r Auditorls Pile #5139257 t ; .:11' '•:1rr. k,,•;: Northern Paaifio Rai•1way Company :J,(. ' -''� ,' Profit a Prendre +.; .y,c; Vo1. 25!} or Deeds, Page 383, ••1.41,•. •p,X• •44 'if l• : • • • ti'„"'y' v'• iCif\ '.. bit B-15 •• ..i i4.. 1 1No. 5348 P. 13 Jun. 7. 2007 : 9:33AM ABC LEGAL SERVICES 206-839-1196 ' .F.. ' or3Et5.o1% • w••+ Q,1eat 114.0 feet or the North 150 lent of.tlse North 1.1 or the Northeast `r• . r•, •^fans Northeast 11 of the Northwest .1 of :loation lii, Township 23 North, :? ,:.::yyYf•'% 5 boat .I.I.I.; DXCIfiPT County Roado: LESS coal and mineraks and the --:F•:.A.t to explore for and mine Ells same ,t>:.•.. ',3t 10 feet of the 1Jest 150 rent of the North i of the Northeast tt :V :•f.' rtheast 3 of3; •._�; ,tthe Northwest of Section 15 Toarn hf--.1., ',..' �J.i4. s Tome hip 23 North, i' .: 'i ; EXCEPT the South 90 feet thereof; I,.zSs coal and ininer8 s . +4•gf�� ,right to explore for and mine the same• ' 7 • 'i-'17° w tuate in the County of King, State of Washington. ••'1--' Robert L. Denney arid Doris L. Lertue :,.,a'idt, has wire °:,' • .::• .b 'Auditor's Pile #li 7Ii 86 `�;"`_ 'h''Sr; Lincoln First Paderal 3avingS & Iro: 4. "''. Association • . ,1. {�,:, x, .� Pi % .: �h� • Auditor's �le #,�br853$ t4 x • •C• • .I t• .l .. :::E ,ft...„ j • 'j•,I 4�i ' I.•!it n it 3..36 !� s .twt f '•t• 'i• •t'_ �..'i - It • . .1 ..: j f • I Return Address City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 20000418000708 CITY OF RENTON EFTS 12.00 PAGE 081 OF 005 KINGBCOUNTY11WA Title UTILITIES EASEMENT Property Tax Parcel Number: 5781,/O —OO I) Project File# Rs iz g Z Stint intersection or Project Name,g 474$.f Rs*AQ'c Reference Number(s)of Documents assigned or released Additional reference numbers are on page Grantor(s): n Grantor(s): 1 Rn3Cc4 - (34tC�?6-rirERR19/21Sc,'*5 1 City of Renton,a Municipal Corporation f ftrel!L S/ L[rii fr Er0 ()4RT7i/r 'rP The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee,the following described property Additional legal is on page 4- _of document. (Abbreviated legal description MUST go here) LEGAL DESCRIPTION orb:an of 5"ee-1 or '$ 7 ip Z34//erif, E / ,,/4 i o 0 O N �.�WsNO���QU1A� FX��S �'000` osputv ODSia H 1FORMS1KCRECORDIEASEMENC DOG1 Page 1 FORM 03 0000Po11/CA2.21.97 - ��� • • That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee,its successors and assigns,an easement for public utilities (including water,wastewater,and surface water)with nreteary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described on page 1, (or iffull I on page 1—Exhibit A.) For the purpose of constructing,reconsegalhvis notcting,installing,repairing,replacing,enlarging,operating and • maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require This easement • is granted subject to the following terms and conditions 1 The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of •• the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee 2 Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee Grantor shall not,however,have the right to a. Erect or maintain any buildings or structures within the easement.,or b Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee,or c Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein d Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities e Blast within fifteen(15)feet of the right-of-way This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns Grantors covenant that they are the lawful owners of the above properties o and that they have a good and lawful right to execute this agreement By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same This conveyance shall bind the heirs,executors,administrators and assigns forever cc, IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of 444- L94 0) c -c--4 INDIVIDUALFORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASB3NGTON )SS • COUNTY OF KING• ) I certify that I know or have satisfactory evidence that • signed this instrument and acknowledged it to be lusher/their free and voluntary act for the uses and purposes mentioned m the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires Dated 111FOAhfS\KCRECORDIEASEMENT DOC% Paso 2 -+•cow , INDITIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be htsllter/thetr free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) • My appointment expires Dated REPRESENTATIVE FORM OF ACKNOWLEDGMENT' Notary Seal must be within.box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that J7! `���nl!]flat 'RA P ti-E , staged this mstntment,onoath 0 O p E�1CjN 14, stated that he/31=aey was/were authorized to execute the instrument and OQ. ��Ss�on EaA,, ackn wledged it as the a Ct)h P V'C Q )J)t& .-aad V iJ 1 ,��:p� oN;�► of Kai-add— 131040 to IA the free and voluntary act of such S•�: NO 1110Y d=patty/Pere n tl�o1us s4 .and�turses ci h.slted ut t s cut •. r Leo TU poses xj 1. ;��: PUBLIC :el .s,,,. 'ea >> Notary Public in and for the of Washington E{►l''�`` Notary(Print) •h QU-�� °c.Y'�G!nel s C d o My appointment expires. '/a.0 04 Dated 431 41-000 • I p (=, j o cc, CORPORATE FORM OF ACKNOWLEDGMENT • Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) o On this day of ,14 ,before me personally appeared • j o to me]mown to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that hefshe was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation Notary Public in and for the State of Washington Notary(Pnnt) My appointment expires Dated • H\FORMS\KCRECORD\EASEMENT DOC\ Page 3 FORM 03 0000ibh/CA2 21.97 " • Attachment"A" Storm Drainage Easement to the City of Renton The north 10 feet of the east 190 feet of Parcel A of City of Renton Lot Line Adjustment No LUA99075LLA filed under King County Recording No 19990623900005 ALL SITUATE in the southeast quarter of Section]5,Township 23 north,Range 5 east of the Willamette Meridian in the City of Renton,County of King and the State of Washington 125o0 le ENE. .,,,, OC.' ' ,o, , ..,. ~ : rc O :A. 'fib, ° ' EQNRES 12/16/01 1 m Cr N 0 p co a • c Ca . N Page 4 Storm Drainage Easement Exhibit Northeast 4th Street 190' 10' Star drainage easement • 1 " =60 ' Parcel A LUA99075LLA N , Page 5 — • i i ! ' I After Recording Return to: C. Thomas Foster 6450 Southcenter Blvd.#106 Seattle,WA. 98188 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE SHORT PLAT OF RABERA-BALKO I 1 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE SHORT PLAT OF RABERA-BALKO THIS DECLARATION is made on this 15th day of March, 2008, by C. Thomas Foster, Partner, owners of the property being subjected to this Declaration. RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration(unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Langley 4th Avenue Associates LLC, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or"Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 "Bylaws" shall refer to the Bylaws of the Langley 4th Avenue Associates LLC. 2 1 I 4 IC 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Langley 4TH Avenue Associates, LLC, it's successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the"Declarant"hereunder by the grantor of such conveyance, which grantor shall be the "Declarant"hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former. Declarant in and to such status as"Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant"hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or(iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat. 1.1.9 "Governing Documents'' shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 1.1.11 "Mortgage"means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 3 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation,joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Short Plat" shall mean and refer to the approved short plat of Rabera- Balko contained therein recorded at Volume , page , to , under King County recording number 1.1.17 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four(4) adults who are legally unrelated. 1.1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land I described therein. 1.1.19 "Total Association Vote"means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: Upon recording of the Short Plat, the property shall be known as: LOTS 1 AND 2, INCLUSIVE, AND TRACT A OF RABERA-BALKO SHORT PLAT, And the Common Area shall be: Common Areas: any stormwater detention and water treatment facilities and private streets shown on the recorded short plat as being maintain by the Association. 4 ARTICLE 3 4TH AVENUE ASSOCIATES, LLC 3,.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1)vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design 5 Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC. The Declarant has named as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any;construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR,NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD,NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT,NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws,Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided • i 6 I ! herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to payto the Association: g (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with(i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law(but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. 'Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 7 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty(30) days after adoption by the Board and not less that fourteen(14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent(75%) of the Total Association Vote,•in person or by proxy, the budget shall be ratified,.whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for(a) liens for ad valorem taxes; or(b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty(30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, 8 including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty(60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment.. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 9 1 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. The Association shall maintain all stormwater detention and drainage facilities, wetland tract, and private streets as shown on the recorded plat. If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community,where the Board has determined that such maintenance would benefit all Owners. The Association shall have the right, but not the obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten(10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such 10 work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become'a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas by Declarant to Association. The Common Areas were conveyed to the Association on the recorded plat. The Association accepted the conveyance and the Common Areas are now to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5,or in Section 10.1 below, or in any other provision of this Declaration,there shall be no right or easement of ingress and egress,use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home 11 occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than I 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6)months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected,allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the 12 • exterior`color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.4 Existing Residences. There are no existing residences which are part of this plat. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats,jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four(24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in"parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48).hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 13 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more plus a drivewayfor at least two (2) additional passenger vehicles, unless passenger vehicles, p g approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 14 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and ' Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location ' and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure,planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem'as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. • 618 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however,hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns,pellet guns, and firearms of all types. 15 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting.No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the I ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or 16 destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent(75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together.. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with.a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 17 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction—Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's 18 member , levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized,then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction—Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTI CLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an 19 "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot 20 (!)wners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family arid to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is herebyreserved to the Declarant,t, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 21 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section .shall not be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully 22 I � amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure tb comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the stormwater detention and drainage facilities, wetland tract, and private streets as shown on the plat. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10)years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10)year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or(b) extended as otherwise provided by law. Every purchaser or grantee of any interest(including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or(iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this 23 Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the maintenance requirements for the stormwater detention and drainage facilities, wetland tract, or private roads as shown on the plat without prior written approval from the City of Renton. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent Y (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any 24 officer dr director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws,copies of rules and regulations, Design Guidelines, use restrictions, membership register,;books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the 25 existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or(iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED the day and year first above written. Owner: C. Thomas Foster, Partner Langley 4th Avenue Associates, LLC State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that C. Thomas Foster, Partner of Langley 4TH Avenue Associates,LLC. a Washington Corporation is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: Notary Public in and for the State of Washington Residing at: Printed Name: My Appointment Expires 26 After Recording Return to: C. Thomas Foster 6450 Southcenter Blvd.#106 Seattle,WA. 98188 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE SHORT PLAT OF (...RABERA BALKO f i \ DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE SHORT PLAT OF RABERA-BALKO THIS DECLARATION is made on this 15th day of March, 2008, by C. Thomas Foster, Partner, owners of the property being subjected to this Declaration. RECITALS A. Declarant is the owner of that certain real property located in the City of Renton, County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration(unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Langley 4th Avenue Associates LLC, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or"Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 1.1.3 "Bylaws" shall refer to the Bylaws of the Langley 4th Avenue Associates LLC. 2 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Langley 4TH Avenue Associates, LLC, it's successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor-in-title or assign, such successor-in-title or assign is designated as the "Declarant"hereunder by the grantor of such conveyance, which grantor shall be the "Declarant"hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant"hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of(i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners, or(iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 1.1.11 "Mortgage"means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 3 I P I d 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person"means any natural person, as well as a corporation,joint venture,partnership (general or limited association, trust, or other legal entity. )� g 1.1.16 "Short Plat" shall mean and refer to the approved short plat of Rabera- Balko contained therein recorded at Volume , page , to , under King County recording number 1.1.17 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.18 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.19 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: Upon recording of the Short Plat, the property lral known as: LOTS 1 AND 2, INCLUSIVE, AND TRACT A O BE -BALKO SHORT PLAT, And the Common Area shall be: Common Areas: any stormwater detention and water treatment facilities and private streets shown on the recorded short plat as being maintain by the Association. 4 ARTICLE 3 4TH AVENUE ASSOCIATES, LLC 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties arid vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1)vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design 5 tE fq Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1)nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC. The Declarant has named as the sole member of the ACC. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR,NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD,NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT,NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided 6 herein. he Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty(30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law(but not to exceed eighteen percent (18%)per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 7 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty(60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent(75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall.set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for(a) liens for ad valorem taxes; or(b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty(30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, 8 1 including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty(60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty(30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 9 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. • ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. The Association shall maintain all stormwater detention and drainage,facilities, wetland tract, and private streets as shown on the recorded plat. If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. The Association shall have the right, but not the obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such 10 work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas by Declarant to Association. The Common Areas were conveyed to the Association on the recorded plat. The Association accepted the conveyance and the Common Areas are now to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, .egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration,there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. II ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance,noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot.shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the 12 exterioricolor of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.4 Existing Residences. There are no existing residences which are part of this plat. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats,jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in may use regular beparked g Y on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four(24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 13 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least three (3) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 14 4.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community unless screened from view from the street without the prior written consent of the ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure,planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. • 618 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee. Declarant, however,hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 15 Cf 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting.No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or 16 destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent(75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together.' 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 17 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction—Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty(60) days after the casualty, at least seventy-five percent(75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's 18 members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are.not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction—Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an 19 1 I ' "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot 20 1 Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family,tenants, guests, and invitees; I ' 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family arid to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 21 y E 0.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5.. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required; convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section •shall not,be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully 22 amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners,;which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall have any and all authority to enforce this Declaration with respect to the maintenance required in Section 5.1, including but not limited to the maintenance of the stormwater detention and drainage facilities, wetland tract, and private streets as shown on the plat. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community)has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or(b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1. This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or(iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this 23 I I Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the maintenance requirements for the stormwater detention and drainage facilities, wetland tract, or private roads as shown on the plat without prior written approval from the City of Renton. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any 24 officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale,Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the 25 existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or(iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED the day and year first above written. Owner: C. Thomas Foster, Partner Langley 4th Avenue Associates, LLC State of Washington ) )ss. County of King ) I certify that I know or have satisfactory evidence that C. Thomas Foster, Partner of Langley 4TH Avenue Associates, LLC. a Washington Corporation is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: Notary Public in and for the State of Washington Residing at: Printed Name: My Appointment Expires 26 . • ., ,•. i • ''• -. UTILITY EASEMENT • - • . • . .:sty _ - . THIS INSTRUMENT.wade this day of .- �A1� , 19 Q r • by and bet een HENRY 0. SALMI and BALKO ' ; . • , hereinafter called 'G-antor(s)',and FAIRFIELD 1EYELO141ENTS, INC., a Washington. ' • Corporation-hereinafter called "Grantee'. �vo9rz6 110$81 e' RECD-F 7.00 • • WI1I!ESSETH: • 55 ` • That said 6rantar(s), for and inconsideration of the sum of S ONE DOLLAR • paid by Grantee, and other valuable consideration, do by these presents," • • great, bargain, sell, convey, and warrant unto the said Grantee, its } successors and assigns, an easement for sanitary sewer with necessary appurtenances over, through, across and upon the following described property . in King County, Washington,more particularly described as follows: ' The East fifteen (IS) feet of the following described property: , The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the • Northwest.1/a in•Section 15,Township 23 North, Range 5 East. W.N., in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. • • - '8 5813072; , •AND EXCEPT all coal'and:minerals and the right to explore for and - •.o").• $ '- mine.the same as excluded in deed recorded under Auditor's File . • - - Iv .N • No. 3012448; (ALSO DOWN AS Tract 2 of•Martin's Acre Tracts, • • • . :- unrecorded); •- . • !O Situate in the City of Renton, County of.1(ing, State of Washington. . ' - . • See attached sketch. • • (O• Crantor.does further convey and grant a'teeporary Con struction-easement for all . °j.. - i purposes during the construction of the said facilities over, across; along, • . ' •). .in, 'upon and under the following described pr.•operty,together With the right of. : . `•ingress to and egress from said described property for.the foregoing purposes,: said temporary easement to comence on the date of this instrument and to • terminate on the date actual use of said easement area shall tewmfnate,'or • d November 1, 1987,whichever occurs-first. . f The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the • Northwest 1/4 in-Section I5.Township 23.North, Range 5 East,V.M., . . in King County,. Washington; EXCEPT portion thereof conveyed to King - • . . County for Southeeait 128th .Street. under Auditor's File No.. c 58I3072; , AND EXCEPi all coal and minerals and the right to explore for and.' .. i • mine the save as excluded in deed recorded under Auditor's File No: • . • ? ' 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. . i . unrecorded); . . . . . , Situate in the City of Renton, County of King, State of Washington. • • . ' 1 • , See attached sketch. . • .• • 4 Fairfield Developments, it successors, beirs.'and assigns, agrees to indeemify - ' and hold,harmless the'Grantor(s) from any •liability,costs or expenses • • whatsoever relating to. the use of the temporary • easement by the Grantee(s), -1 theft successors or,assigns. • •• _ • . i • - II . • • Description: King,WA Document—Year.Month.Day.DocID 1985.926.881 Page: 1 of 3 .. _ Ord r: 208163103 Comment: • __,.,.. ... . Vim! ; . . ' • • '. - • Said heretofore mentioned Grantee, its successors'or assigns. shall.'have the • • right,without prior notice or proceeding at law. at such times as Rey be -• • • accessary t0 enter open said above-described penaahheat easement for the Faeroese of constructing. aaintalaing, repairing..'altering:or reconstructing said • • • • utility. or making any connections therewith. without incurring.any legal ' - obligations or liability therefore. prvrided that such constructing. . malataining, cons repairing, altering or retructing of such utility shall be • 1 • 1 ,accaplisbed in such a manner that the private•impr'ovements existing in the ' • right(s)-of-wy shill not tie disturbed-or damaged, or in the event they are -• . - distw•bed or damaged, they will,be replaced in as.good a condition as they were immediately before the property was entered upon by the Grantee. • z The Grantor shall fully use and enjoy the aforedescribed premises. including •i. the right to retain the,right to use the,surface of said right-of-way if such ' i use does not interfere with installation and maintenance of the utility line. - - However, the Grantor shall not erect buildings or structures 'over, under or ' across the right-of-way during the existence of such utility. •' r ' 1 li' Grantor acknowledges that the Grantee may transfer this easement to the City ofi 1 Renton for the purposes herein described_ , ' 1 ,.� This easement shall be a covenant running with the,land and shall be binding on , i • the Grantor, Grantee,-their successors, heirs,and assigns. Grantors covenant- sthat they'are the lawful o%niers of the above properties and that they'have a • ,good:and'lawful right to execute this agreerent': //ff - . .. and. • Kam ' - 1 • lYD1C BAIKO ' • • STATE'OF. • :) I.the,tindersigned,a notary Public in and for the State of(llG .ni fdn'?, • l *hereby certify that on th is,�3crld3y of G G 19 , pe l ly • 1 - appeared:before me_ /f a n,k y ..I" : - '� :and .: Q era-i•:./lcd • ' : to lee known •. ' :to be individual()described in and who executed the foregoing instruaent.,and • . a ' acimoirledged that r1ie1 signed and sealed the' sare'as-i1ter4_---free and voluntary act and deed for the uses and purposes . .. ' , . i • therein mentioned. • 4 • *Rotary Public in and failip�StdttifIr: - y x residing:'a'� r" Y : . 1 La • w Gyf d�, . • ad • M xC, • Description: Ring,WA Document-Year.Month.Day.DoCID 1985.926.881 Page: 2 of 3 • • • - Order: 208163I03 Comment: • . - — 1 -; . .• . .... . . . • •. - . - • :•---. • . . - •.-- - . • • 1 • • • • I . • • • . . . .., . ?►sin 'sr' - . se. 12ITH • - i 1 . • f..i1�.YC:♦♦ lJ. 41X ' 'I- - �.,,�— ft. • as Nair • 4. ' ime, • • i • . - - • s• . .' ' ' Z, PI ti . ' , i s ww .1.. • ••, • t/ ; _ 1 1 I` 4 • . • 3 • + Yr 1 •r rv• y Y •• tL•...z..._ Y • �¢��r r.s • { i ;v4 • ' • P. ' _ ; .I. ; . S ~ - . ,eel MI w •. I ` • [ • •• • , ekki ! , .7 i 6 I. ai fiE'ZNtI P! - ;� ba. t ri psi +r i�ir ss .i 1 • • • 1 N Y 3 i M • - . t (. . ..: •,.. • I E Rm.. •n4..... • } u•Rcs .ta3•* 7 32scei .<3i4-*+7) ,• 1- • �M 1a ,, • 'I. ww,rs-as11 7-7i +. + • . :, s: ,. . . . - • Description: King,WA Document-Year.Month.Day:DoclD 1985.926.881 Page: 3 of 3. Order: 208163103 Comment:_ _ 1 1 I • • • • AHEM.* !115 uAT . 8lpkl dtr•ii1 • I kiY'I!"• '!nl kik • 66/09/11 N1671 8 RECD F 6.00 CRSH5L ****8.00 TRANSFER OF VEIN,/ EASEMENT THIS INs Ltun1ENT, made this, day of V0i?L% ▪ 1986, by and between FAIRFIELD DEL!ELDEMENTS, INC., a Washington i� tp corporation (hereinafter called nGrantorn) and THE CITE of rl �� RENrON, a Washington municipal corporation (hereinafter called nthe City■). W WBEREAS, Grantor has obtained a utility easement through, across and upon property in King County, Washington, said ease- ment being recorded in the official records of Ming County, a copy of which is attached hereto as Exhibit A and incorporated by this reference herein; and WHEREAS, said easement expressly provides that the easement may be transferred to the City of Renton; and WHEREAS, the City has requested the transfer of said ease- ment as part of the approval process of crantoroa development of the property served by said easement. NOW, THEREFORE, in consideration of the mutual covenants • contained herein and other good and valuable consideration, Grantor does by these presents grant, bargain, sell and convey onto the city said utility easement recorded in the official records of King County, a copy of which is attached hereto as Exhibit A, along with all rights and responsibilities appurtenant thereto. Grantor retains a tesporary construction easement for all purposes during the construction of any facilities over, • across, along, in, upon, and under said easement, together with I the right of ingress to and egress from said easement for the construction, maintenance and repair of any utility facilities required to be installed or maintained by Grantor. • � M�� Re^ d a Req of y ,. ,, EXCI$ETAXNOTRECtUIRED N�rac Co pecoE.CAErnsio!! t:r•sa -- -- ZmsC Bt 1AL.c.• • • .z--t-- _-_ram -==-• -- — f- • . Description: King,TM Docuinent-Year.Month.Day.DocID 1986.911.1679 Page: 1 of 4 : • Order: 208163103 Comment: .-- I . • • • IN WITNESS WSEREOI the said grantor has executed this instrument on the, day of Lxi;�' . 1966. FAIRFIELD DEVELOPMENTS, INC. • .7�7 .'"f I B t .,. ^r•_ • Richard R. Hathaway / ./ Vice President CD r1 �y Hp O STATE OF WASHINGTON ) � tp Q� COUNTY OP SING f ss. I certify that I know or have satisfactory evidence - that Richard R. Hathaway signed this instrument, on oath • stated that he was authorized to execute the instrument and acknowledge as Vice President of Fairfield Developments, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. / ? t;t Dated:: ..U. /Rah �J.r ti s.,. 0..,..,.A. • Notary Public in an• for the ! / }M. /�j/� "state of Wash_iagton, residing �� �f i I yV: `yS90N Lr,, /, ' NoTARk'N: t� 4 *�▪ p▪ U6Lpa,° lik•r 11•s}• C~ P of WO+'�t� . • it • • . Description: King,PTA Document--Year.Month.Day.DocID 1986.911.1674 Page: 2 of 4 Order: 208163103 Comment: - _.--._. - .s._, -,,r,,,w, �_,.�_.,,�.;�_ -•--•- I • • • . • ""£ UTILITY EASEMENT • . . mac. I THIS INSTRUMENT,made this day of �,,,.��..�+ , 19 e9• by and between HENRY J. BALKO end A01[MALKO hereinafter called "Grantor(s)", and FAIRFIELD DEVELOPMENTS, INC., a Washington Corporation hereinafter called 'Grantee". 04r09/26 NOOsI 9 RECD F 7.O0 CO5H5l. ****7.00. WITNESSETN: 55 That said Grantor(s), for and in consideration of the sum of $ ONE DOLLAR paid by Grantee, and other valuable consideration, do by these presents, grant, bargain. sell, convoy, and warrant unto the said Grantee. its crpl successors and assigns, an easement far sanitary sewer with necessary ee appurtenances over. through. across and upon the following described property D in King County, Washington, more particularly described as follows: The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the SR Northwest.1/4 in Section 15, Township 23 North, Range 5 East, W.M., m in King County. Washington; EXCEPT portion thereof conveyed to King • County for Southeast 128th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and j mine the same as excluded in deed recorded under Auditor's File N2 No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, ee unrecorded); '7 Situate in the City of Renton, County of King. State of Washington. See attached sketch. Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following described property, together with the right of ingress to and egress from said described property for the foregoing purposes, said temporary easement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate. or November 1. 1987, whichever occurs first. The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East, U.K.. in King County. Washington; EXCEPT portion thereof conveyed to King ' County for Southeast 128th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for end mine the same as excluded in deed recorded under Auditor's File No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. unrecorded ; Situate in the City of Renton, County of King. State of Washington. • See attached sketch. • Fairfield Gevelopneets. it successors. heirs,and assigns. agrees to %daily • • and hold harmless the Grantor(s) from any liability.costs or expenses whetsoever relating to the we of the temporary easement by the ih•aatea(s), their successors or assigns. Description: King,TfA Document•-1'ear.Month.Day.DocID 1986.912.1674 Page: 3 of 4 Order: 208163103 Comment: --- _ .._ ' I . 7 - .• - - • • I . 1 I . said heretofore mentioned Grantee, its successors or assigns, shall have the right, without prior notice Or proceeding at law, at such times as may be • • necessary to inter upon said above-described permanent easement for the purpose ' : u of constructing, maintaining, repairing, altering or reconstructing said I utility, or making any connections therewith, without incurring any legal _ obligations or. liability therefore, provided that such construction, maintaining, repairing. altering or reconstructing of such utility shall be • accomplished in such a manner that the private improvements existing in the r rights)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. tt SRThe Grantor shall fully use and enjoy the aforedescribed premises, including •. 07 the right to retain the right to use the surface of said right-of-way ff such use does not interfere with installation and maintenance of the utility line. however. the Grantor shall not erect buildings or structures over, under or • across the right-of-way during the existence of such utility. • Grantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein described. 8 This easement shall be a covenant running with the land and shall be binding on the Grantor, Grantee, their successors, heirs, and assigns. Grantors covenant . that they are the lawful owners of the above properties and that they have a . good and lawful right to execute this agreement. • ..7-ivre01540. .--C _andADA 8AL KO STATE OF I 4 COUNTY OF ) SS. ' • I, the undersigned, a Notary Public in and for the State of tiip4finai, hereby certify that on this44LalUay of , le• .,, perrss4bheaiily appeared before me /f a na y Zi 19c.' it and !p dff-- `' .l A r : to me known to be individual(i)described in and who e..ecuted the foregoing instrument, and acknowledged that --I-4 e y signed and sealed the same aseje__... free and voluntary act and deed for the uses and purposes therein mentioned. 'f:otary Public'in and for the;St{'th,pf.. • O� WAS4F.n.{y residing at, ji-011�.pr1 14 V r ;-6 M 4 a A 42 £ ~ a A • -p - Description: .King,WA Document-Year.Month.Day.DocID 1986.911.1674 Page: 4 of 4 • • . ! Order: 208163103 Comment: ...,.._.. ._.----•-•- •:_.,... — - - ._ . .. -.; ' ......._.._..:.r.:_. •• 1 qqq nl0a,3 9000O 5 r .::.• J;.:::..- r RECORDING NO. A VOLULE/PAOE ` , LOT LINE ADJUSTMENT NO. LUA99075LLA \J\ ,:c ,l°i99UGn139�o00� lib- tsi{ ;'1 CITY LAND RECORD NO. LND300193 • A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. i CITY OF RENTON, KING COUNTY, WASHINGTON : DECLARATION :---•.• ACKNOWLEDGEMENT: NOTES: 1 KnoW;all men by these presents fhat we the undersighed State of Washington ) 1) The monument control shown for this site was accomplished i owga!r(s).Of the )and,.-herein described do hereby make a �7 )55 by field traverse utilizing a one (1) second theodolite 6dundary.'Line kdlustme0t thereof::pursuant to ROW County of WW1 1 with integral electronic distance measuring meter :.:58.17.040 and declare this adjustment to,ba.thc graphic (Geod ime ter 600) and Rea] Time Kinematic (Alt) Global iy._,;' representatio of the,bxme. and'that.seid adjustment is This is to certify that on this till day of ZV-Cl2_ Positioning System (GPS). Linear and angular closure of Re.made-with the free consent and in eedcordance with the 1999, before e, the up,pypersigned, a notary the traverses meet the standards of WAC 332-130-090. Ili 3 desires of•the owner-is). In.wikfess whereof we have-:- public: oersonally appeared UleA ) e xtihvra sg't out holies and seals. - % to me known to 2) This survey represents physical improvement conditions as be thy person(s) who exec Uted the foregoing dedication and they existed April 03. 1998. the date of this field acknowledged tq,me„that �i a signed the same as },es- survey. u >, S t.free and vgJuhtary abt%and deed for the uses and purposes o ; i _ therein mentioned. ;e' 3) Utilities other than those shown may exist on this site. i iI.YKa- .`Witness m JieOnly those which are visible or having visible evidence �L l '•::...:'` : y, p[f ana-ttf ficr81 seal the day and year of their installation are shown hereon. o t7a Ow ea- 6enenof a-1u ,. R. pie-5a7Ra Enfe P�.SEi Fie...y•.. :;:f}fst above wr.}t ten. 4) Dimensions shown hereon are measured perpendicular to =�r� 3 %+.,:fed P rf„enrhp ,. _ ',�. �••.aJy property lines. w _ .�.E,:$SOHic.,y4::' • \ 5) Full reliance for legal descriptions and recorded Dig' ) ' •�':'•"=�'• \� � easements have been placed on the title report from $O '"� ' ia:VOTAgy 9:' j Comonwealth Land Title Insurance Co. Commitment order No. .. ;uy. .-- .�: ;Notgr. Pu c i ono for he 5 ate of H779539. dated November 23. 1998. No additional research $ Basis of Bearing: ., asuq:= , Waeh] gteg,•rentfing_at - :"'. '';.; has been attempted. i washIngton State Lambert Grid North Zone as aetermmen by :'ih�TP,•�:� :" 6) This site is subject to rights for slopes for cuts or fills 1 cps observation. h,9^-F::6�_=-:' _ _- as per instruments filed under Recording No.'s 5813072 and 5823627 and by Superior Court Cause No. 632233. ' ji ••-,State cd Washing{on . 1 _ 7) This site is sub ect to a Declaration of Covenant document y 155.:% 7§Y APPROVALS: County,mf :' ) ; •'••. a : recorded Under King County Recording No. 9007250508. • 3 CITY OF RENTON ':, This is to certify that'en.tdii;3 AY of r• DEPARTMENT OF PLANNIN6..-BUILDING qND PUBLIC WOR�1KS: 1999:..before me. the:uRtlersigned. a niytary Examined and approved this Zt '"D Py of .)I.tk.l, public, personally appearetl . " ••'.`I..... =` + A.D., 1999. - :'to me kEiown to - • be the person(s) who exec'Eed;,tfte„tore9oiiig dedication a�,.d-••"'- .•.ORIGINAI DESCRIPTIONS: acknowledged to me that signed the same.as //7 c :::: free and voluntary act and deed for the.ipses ano'purpg5es _ " '• 1 � therein mentioned. We East 7°%2 of Ene Northwest 1/4 of the Northwest 1/4 of Atlmin jstr tor:bf annjng, Building and e" ..tthe NortWFWest 114 in Section 15, Township 23 North. Range Witness my hand and official seal the day and year ... Public Works (if the City of Renton• 5 Eas t..::W.M...:i•n Kin g::County, Washington; first above written, .• �` „ : Except porii-on Leerabe conveyed to King County for Southeast '1 KING COUNT)'DEPARTMENT OF ASSESSMENTS: :: 128t-h Strpe t, under King County Recording No. 5E113072: Exam,ned:end approved this .2iSt day:•of .., a' A.D...:1999. -,Agri ex.ent all coal and minerals and the right to explore for and'mine Lfib same as excluded in deed recorded under Auditor's Notary Public in and for the State of File Nti•;3012446: , - Washington, residing at ;• 51e•ee Nohde.- e e (Also known as Tract 2 of Martin's Acre Tracts, unrecorded) King CouRl?y Assessor '" Situate in the City of Renton. County of King. State of 7 .:.:._�'^ ,:� ._ :.:. '�.. Washington. daoov, ws AQuifer•::.Protection Notice: Deputy Assessor-. ----• .-i•• Together with the following: Account Number r{y.?7o_oo.Zo •r•,fs_4ej/ ,•Tlie tilts creased hergiq.fall within Zone 2 of Rentons Aquifer ' r� Prote4tion AreAS and.:are'subject to the requirements of the The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of • t[ City of Rgytlin OriAdance 0367 and as amended by the Northwest 1/4 of Section 15. Township 23 North. Range Ordinance W4740, :.This City's sole,.eource of drinking water is 5 East W.M.; • supplied from a Ahallow,bquifer ,Hden,the city surface. There is.no natural harrier between the watel°.table and ground Except the North 30 feet thereof: ,"•"surface. Extreme care/Should be•exerciped wheq.handling of j any liquid sxostance.iother thah water:to protecE:from contact And except portion condemned in King County Superior Court with:the ground sur{ace. It Is the pf..operty:owners'."responsibility Cause No. 632233. for street: ta•pf•otect.the city`s ❑rinking water. And except the North 12 feet thereof conveyed to King County for Southeast 128th Street by deed recorded December 16, 1964 I. --ender Recording No. 5823627: Excep.i all coal and minerals and the right to explore for and + _ mine {;he same. as excluded by deed recorded under King County i Record.ing No. 192430: f (A1s0 kio:Tr-as a portion of Tract 3. Martin's Acre Tracts. unrecorded): Situate in the-Cloy- of Renton. County of King. State of E :Wasyi ngton. I RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: L_ Centre 33639 9}h Avenue South .- Federal i Federal Lfay;:WA 900(a.:' NW—NW-::15, T2.3N, R5E;;;-WM Seea(din No. CrA a 96nno5 ' �1 (253)661-ftr•--- eRygy yea -:. ':,r} 9 //4,7 Ibis LLA correctly represents a survey made by me SFiie4'irgr reror4 tors.�31Y/'gay or /`..ry ,ggg w or untler my tlirection in conformance with the requirementsill . a Pointe Mr.,:7im 0'Kadd. NW Retail Pawners .;( ofthe appropriate State and County Statute and Ordinance ___s `'/1' . 60.0'universy2y 5t.,-:Suite ]2&H.in book LiSz of, G/p%r at page/Qa'.Lahe request or in February, 1999. 0 1 :� nNomad E.Larson. s�o a`� 9 SUNeying ealtle. hrri 907di a5 SOQ °max�: K Main rn¢XE°ae 6 Woods KING COUNTY WASH'1NGTO T7 ND n / 5-f 999 '-� y l�-1' an L. arson June 15, 1999 ma N0' 3523 '•k} cn• //xana � `Z �xennten4ent ql lletords Certlfigate rb. 22Tia ONA °fl'i'Nc r1US1523 SHEET 1 OF��2 1 3 . I (VA nu as?) ctnono • :'-'1 .:!-., LOT LINE ADJUSTMENT NO. LUA99075LLA RECORDING NO. VOLUME/PAGE 30 0 q• .,.... .: CITY LAND RECORD NO. LND300193 .-..*. ..,: ..... A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON . .-:. • Not to Scale 6ic ''. I .'''...' • Northwest corner Sec. 15. North quarter corner Sec. 15. ::..i ::::'• /.1 5.,.:. ..r : ,.... .i........ Two. 23N.. Ong. SE.. N.M. round brass pin in concrete. Twp. 23N. flog.5E.. N.M. Found 3"brass disc with Legend: ,fle.... City of Renton c.--Punch at surface. ::. Control Point no. 1503.. .../19.'1;•:. ::' ''',.. 0 -Monument found as noted. Visited March 24. 1990. .7.. %10 •'.. nsi '..: (z....9N71,10 — I( -round wetland flag ."14114:!Z round r! • -04.cetnit,Wen,c9 a plastic cap stamped "CPS 223313" i.r.1 5 .. ...,•'1 5 1,96,4":6,0 . 1 ::::,77'1";I:, .-3-":. `.°...:*•.:' 1,:'•:.....,•:-'': ..,,.•--,...... i!,:,.....: ,,,....::.:::: • .,s,..5'. . • S : 3 7'-003: L .-.5. • • . .• cc-E • .r .::: :::: :-:' ...-5. fiz •-•:. '''''' .7'...".• ,70 . i ,.:.•••. /a tlZral Z.Vrir::::' .:' •":.••••- s..,.:.;:h;l:. :i./.. ....,.,.....,,-71.:::5' ,w,___. 11227/ Lambert Grid North Zone Coordinates from 4201. ' NO'49'46.‘ 618 6,3. „:„.E , GI'S observation. Based upon NGS control grid. ...-E-........ [till f so.4.7:614 I' 4A.di Nil:i ........ , I_J„ 1 1 — ••• :: -.- •.- 147.65' NEW E . i I .74,« "-: -.-:•: .•.'. .:.:. .--......, ''' .. '...4 ..:'. ..::::' ::: i ,—, ; 0 • E :76 .8;0 iu ---,.._:::-. :-:. i•-i'd •::'' ..:: . •••••-.........'''.:, ...;:::77.4.8 •*--'• I r. •-•:'. :.TA..-':-„ E.S.::. .-...a' "":'....... ..''''' •al , 1 0 •.• • •:„. ••. m6,-; E ..—....•—• ...- . 1 "---(2Q4) ..,:-.).. ,T,s.:::'":::. •::::. 7;ti,,f , a) I 2 ,.S, (--\ (S) • 1 CU-4-, ..:• .., 9.. . ..-Y ' S•-• Q) ..--. . ai 73L5 .:.....• ••• .. .• ,..., . i, 1 '-' C1-1"-'• •:.' , •••• PI,(4,47 r C .. szit Cl) . i --....:. • ..i.f ...:* - --\."7...,.; f4 •• IL i ••,-) -::-. I al• 2 ''',: P ?". / N '%j . ::* •:••• ..." 22 :..`, x ,..••s...,• to... L ••••-'4-) • 2_ • .51;,<", LO 3.4 .. .. ....:-• '5 -N ! :1 CO 0 i o' .• ...... 572 • 4-'-.-' 9 O • :" BEF. r I-) i ;•-, 2 g .. erj 0' 0 f ..:'•-.... '.. . 1 •••' .4.0413.., 9L__ege.,,,.oese . . a/ .. ,•g r 2 NO'47'45"E 471.0.0: NEW Ne.q..)ine--Ng : . .,. 'a'oia,JA .—rn :I .: ..-- •:• .%• • ... .. ..--... , ' 1 Plis NO*50'59"E 619.25' OLD '-..:• .:' .: .oi -- .• ”-"---'-'.= • 1 2 a; • 2'T' . .. . . •• ,••••• .--.. .• .. en See Sheet 3 of 3 • .. .. 2 . - ." .'" •<:".e.::::: ::.:: ,::'''':•-•...,. . , i - 0 .90 00 gPI1151 .- .... E: . ... 1/........7i. NW—NW.1.5 T- N .• -11(M.%f ' '''''''''' '' Centre •3e6d3c972-fi'AA""A"e=ci' '--• . .:. , ...p , 13: ,:.,.....,. .• • i -- .1'.-k' .6 fit° • 1 S C ALE: . : . i 1" —40 I,.ei. . ,g, • 1 Surveym. g -.64ittle:iyi ne i cti .,-; ,.,-• .,,,E. : I ,! 0:61 53Lnif# °RA'ET. K Main 7- 5 Woods KING COUNT.y;::WAS il I _ - .• 1 il 12 15 1999 nArt June 15. 1999:°"°• 1523 °I' 1' - 40' ww"°'1523 SHEET 2 OF'!...3 ..5.. I I i 3 °lQ el () 6, all CO Duo CI LOT LINE_ ADJUSTMENT NO. LUA9-9075LLA BECOMING NO. VOWNP•/PAGE CITY LAND RECORD NO. LND300193 • A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON Garag ,0'BBB Sec, Sheet.,2 of 3 m�.`• NO'47'46"E 471.00' NEW New line ,J re :,..... q ........:... Old linef} 1 n • NO'59:-'59'E 619.25• OLD _ o 1 3 £ ,,,. tail I tto ., a 1 p' •:. . i W `. o y 4 . i --3. 1 m• ggy ]ti 3o Nm$ 1( p Qd N :C V .F7_nl L'.. (._•1 '<; 2C —\1' I ° 1l J .off.-•'' _ m4� � �;; 4 m ov �0 .,. h • I Legend: 'G:L: °3' ..i, i i G wn 1 0 .Monument found as noted. visited March 24. 1998. {• }i }1 Fountl wutlentl flag :• i co „ • 4 l4 rebar•itn red plastic cap stamped 'CPS 22338' s� .�• _.....� 1 set. : 1 Centre 03609 9th Avenue Sppth } J %of Yi 4�s ,�•, Fetlerai w�y„�rn;. 9a9oa�' ` NW-Nj1•':-::15, T23N, R5�E,;:YVM p 25O 081-190{'" �,� �E oy d Pointe ( ) S��T ryMr..:T im O'Kage.• NW Retail PdF.`Eners ;:'mod+ f -} _ — / SCALE. / ,�o .r/I. ..6Q0•Nniveri-1=y St._:•suite 3U12 `' v 1" =40' rveyingSttle. NA 98]6 DATE.°er. K Main 5 W000s$frZ°' St�No KING COUNTY;'WASHINGTON ` 1' M olars l2-15-1999 DATl 1-ne 15. 1999 DRM4 1523 SHEET 3 OF'--3. ., ....„...........................,.r SCALE 7" 40' DIUmR"AM'1523 • 6.2.49 3 1 . i I 1 1 -/t.,"......,,,. I• i I , . . . :::........ ._..._-...,-- ;17$1. • . I A 13221. S.E. 126th Renton, Wn. . ; AanC ...TamrankE•r Siebens QUIT CLAIv DEED .,-, vc 17 : ••-•'1:1,.e-.1i3_3l--c,!Reht on -,-.4.,!-Tik• , Wn. 1 „ 1 . • Tract 2 ,.., ,..- .. ... The grantor__ herein.......r.r.P.RiS......r-..P.I.R1?.fin.0.....8.1)4..11.r n..-.Pran k...a.l.ab ens•••-• • .• - ••••••••• 11 • .',.....:•:,-.... 1 , . 14, . . ' -• ... . ... . .—..— —.... . ...— . .... . ..---..,.............. .... ...... . ... . :i'l"...-i..;:.1.. :;•,i',•:.'•.. ! • • '''; 'Ifor the consideration of..3-400....0(2.......................,...,..----...----.--.......—...-.............. Dollars -.......-. ..;,!..-.:...::.• • ' . . -: ' ••••.' r' • and also of benefits to accrue to_........1.-3-,--e.....s.....„.......by reason of laying out and establishing a public road ,.,54......-z. -,-,...-. ... .i :through.tr(a..5,-.I.x,r.-_....property,,...;a:ivy*is hereinafter described,convex........release........,and quit- . . 1 _,,,'.!....•:, . ... . . 1 ' • ' '!'ed'aim...':....to the County of-..-... ...ra. „..............., .....-...----........State of Washington,for use,of 1.1‘)• :.A 7•• • •• , '•Y ' • • • A•., i r • • ! ... ' the Publio forever,es a publits road_and_hIghvlaY.AI intr.MS...i.P..th-Prkal-allin.aelealiebced.re i exite,.vir,2 N. R., at-j., of Tract 2.of•mEtV,.1"4,.xai...!,,c 40.re 11 uu yo ‘,.,•••-?!, -.., .., .. .rt°.nsaa.d portion bank:V.:described an folloire'V The.S. 12 .f t. of the N. 2 •• •.....• .1 • t ...1-;.:-:.: i . . t . 11.4f.t*.t...of the E.1/2 pf."tb,007,...,4..0.1..the:N.W.* of the..1.1...W.1- of se bt lots. . '15. i 1 • ' t•'.: Coht sluing 0.10 Acres closfO4;!Isgs..,#, ,.• .. ;:•.• , ' :'• • , i: r.• •Etttt. ::S.E. 128th St..,?..-( 13,21;tid:IAve,,*.i.S.E... to 168 pl•f;Atra;-S'.‘E'.) ;•';';'.;'i. '•• ••••7!:: '.••':•‘g• '4'“..;•:•••:' --$-.. 4:4.tri41,, ;.•:ic.'•I•4'''., 1,-, • -' ..1.'::•--'e .. • ! •.- ). '%,t'ogetnekyrith the rigid to=.mall n_eeeesary.A'lonelier outland Ells upon the abutting property,and on each „.. , side of said described righatm:70:f anforroity,Jvith standard and PlanssPaalficatiana for highwayes PurPas , ••.-.;!eincit4 Vili,same'extent'iu24PpiP046,54ftheirights.herein granted,had beenralqujred by vconderanation proceed- ! •e••••inks under EraineniknominnsetatAteeottlie State of 11fashingiona..v tv yet,yi.;,....:;.::•L. ,... . . . . 1, .4,1%4: •'.0,,.i• ' /t4T,flazft:;`,141.;,!'•%lit,';•,t.'-':,gli.:::',A7'.fg,''''v•' • • ' • t • , -• .. .-..1.•.* . -z,...,',Ai.r- ••vde * .... -,iva"•••••••AV•• ..::.;. •,' 41' ` -1-s-' ..'t "situated In the County;oLt-t1... ri...v.N...,.9...a.u.4.„.,,,..174.1.....t.,,r.,..0.-Stat!of Washington. ..., . . .- . •••',4*'''••l's'•i'l-'',.-•:•:i....1'''`:,.,'•",'N'41::1.,40441rakilf;Wqr:';•': .:.l''''' • ''''''.'•... - - ' 'i '-?;...f:':..?!.!: • ,,....., ...,..,- :.- I • •. .f2',- :••,..'r •Nitied this,4=44..e. "..7'.'•=daiiPt-4?C;,,, ,, —,A.D.19-4,•k. , • .k.1,1 J.,. .• -- . ii'. .,,..k-15,r,•":'':.i.r4.1;0.;;,...z;3.,..:;','•::•-i.".•.:771Zik.,Ifel.".dt-A,C,e,',..111,1111' • 1 '''• ' ' ' ''.*Avri. Tiftsa ':•41vir:';'..ij:r.0'0,-117,P'•••ig,..$.12%,..., . • t.....-,irik;,.,4,-n...,„ skfm.,.-:?t.tg-i• it .,.•:, • . 1 ••••• . • a .- ..•s.. .4m%, ....4,1,-,. ,t1:...!4• 14'i •••• a•-i's . xkit . • 1.. : ,::'"•' • V."( '• *•'''',+,:. ,..:••••1:A.....,' ••• •4.•'..4% rjx..... ....>do':4„..t...,e....,... . . .. ;...•:,•fr...........-.;:.!•:1—Yr ''•77=."7"""'...7'7.— -, . i I - .:.*:::••• • -,.. •., ?...r;:::•::. •-.'"':17:1 A•:-.Y..te,A7P,:414.::-....ty.,st,../.;•• 4:,- .ts.., /.../..t 4.4.,..:.....e../LA....1,c1...L.Z.g...Ze.6.:7h..40—, ....-: . • ... ;....•-••- •44••-•••"":", 1, ..47h7g!1:'-•.. -.7177" - • ..,....., •-•:''.-2;:.;C1 •• .4'..' •• '.2.. ,..1.4i.,1:44,4 t::.'.... .. • ___.1 . - .'.'- .. ...tv . . .. ' •. ' 11,;IN•bk.':*1-':• I ••!;:..77.',1 •-, , " "• ""'''",7-.-'-'''''"'•• ' `''," •.""'"- "r- 1,-:•-•"'?'.17•II,2 F: •-• ••, - ."•.;:2.:. ''''' ..•"..rr,;(.1"- ., • 1.?..ii.,-;" . VA•: ... . . ••Il.,, . ; • •?• ..'-::•" '• , .I. • ..., 1 ' -'P.'...- • ., ...• .;• ..;.).4 • - ••• , . • .r..,; .::•,, .. •• ...4.-.4! .n., ..-•••!...tt. • . •• • : -2•••• • • ••:„Lo.,. -..:... . . •=1.'-:',C,••• • .. • • . • •c-„:•-•.-• •V cl ' • •' •'' • .., • •!•::;!.,.:.' .•:•'• - . . . . . . ... „, .•••:..i.*:. 1 •;-• ., . • " • •• •:-...;7.., -••• '.:•;:•4::,•• . . :.;•: • •• ••••. • • .. •• • • . • • • ..":• • "• . 4.,ty••••• O'..• • .. • • I•"4/•:•-f;••;:flf:/ . • ::•-o•' . • ... ' i 1 1•Xe: ... ..: .i14.1.•: '. • • . l rim.'. • ;.'.::..... . ..••7.4.7.•,..• ',• • . :•• '' : ••• • • .14 "i'..:•:•.'4 !.'•• 'V:,••;:.-•' •: •• •% ee•:•:- . :•••,. •••,•• •• .J:771.''•.:" ... .4."..!/•?• . •..... .; • . • ' • • •••'. • . :.•ti;2•••••,••.St::'• • • 7 1.....::. . • • V••••••• • • ,.. ..3 ••'. • .q • . .• : .• ..•••:•.•,;• e.."7 4...• .6 4•: • .2.• ' • .10,'..1.' ', e . •:'. t.t.e :.,,,rz.s1.-",,::••••,1%; ,... ..-• •'n.'-'' . ••-...":3 . ' • • . • . I • • . . . .. . - • . . -•:;:•-•_. . . - ...;:- •'•Wt.' • •. . ' . • -•A',•-•:. . • ...!!•17.•1....• .•• .• • • • ..2••••'': . .V. . . ...7.7...• • ,::.•7. • • ..:7.:., • ...I'Z' • . • :••-,S1.. '1 4 •..., • . . "-:::-.:::• :.:7-..-.• • . . ..::5'-; . i ,,,..i.'",.•.- `,.••i• ' i 4:j::: • . .1-..:::&•' ' i 1 :'•••„••'-i • --"-.S-2. ....7:::• ':,:f.--r.: . • C.7.:-..•••; •,•:!..',• . .•••••• •.: ' 44-;-•,i, 41--...-:-.. . ,;4'•-,„±:s.:...: . . '76f%:,.• • l . • 'wall'''.1 z.-..,. =-•:'...rif. :i..11.: ":•4=Z; •^-4',...,-77. ....,.. ... ••Ck''.• 1 ::'•,:••• .J... .....- . 1.:*' I • i 1 , , — •. • , . ' I . _-IF= _._". .. -'.-. • .;e:1" 5.:•;. 1-." -...!- 21.. i tf.enton. -::. QIJIT-CLAIM DEED ...,,, -: .,.... . II7rect 3 1- • N Th. gftator.as amis. I.V. Grua and Eve linn Z. Car uo . t :-. . -- • - • . • N I. 1 • . 1 for the toss:Nastice of. S...:14.00 t att-ri Ma also or brioshbe be sottr•to. .7-2 e.—...... .. .by ream of kyle;oat sad tatabll•king•politic road I i — • . 1r e.........4...: ALcr...;_:_•:_. Tort7.17.aree whirl is hirable:1*ilieerrit4d,rzz•zzr. .rererr .ood toil- !' 11 li itdisi........tip c,....7 of..,..,. . „ei. . ........ .. ..., .. -Stets of Watautoaa.for tua ai 1E1 , the Public foram,ea a;while rood lad highway.aU Wilma is the fallowing described real Want.Ws.' /A portion of ?riot 3 of Martial* Acre ?roots Mire*. in Rao. 15, rwp.a3 N.R . . 5_3.11.M aci d portion being dasoribad ni..1"013.0tent This h. 12 ft. of the N. 42 ft. of the.o. .60 ft. of the W. 90 tt. of the W.1/2 of the N.R.t of the 4.. N.W. of aalci..34o'.61.5 'Containing..02 Aare* more or leas. .., a/ii 3.2..:•328tliati;:(...132nd.Ave. 3.M.:4..to..166th Are. 3.!.) . . molar mitt iliti dtt,iiilt-sell fieesetety'tepee tii:eeti awl Mb opoothe altattlag proparly,and on seek • dde et old ftibt4t. S7;Is cestendly with etsedliadi=irett sod apecifiastiesse feettgkeiey pupa% . . UAW theism utast asitimparasif the tisittsliereis. ikag Dm!!terlitel Iv eeedtateetits greeeed• . hags!ingot Itetiaset pelts!!statutes at the State ef.:.1!.. 'r,,;..7;:.,.:::::-...--•,.::..,',- . , , • • •-•- ,: .--:,'.'::'•:2;%.t•;.:241.,'•.-...'!,•:-,',.:-1,':.•;:e"*.••',-.:-.T,'?!-.i• ;z...1V.-k tA5.1.1'„',e--Y1":".:••'-'r'.-'.• . ' . . , ..,......., ..,.. . ,. .. ..... , ,.. .. .... „. _. &lasted la the.Cre*ree..;.4.;-*••.' 747'17,,i,-,,,,..N4trk:W77tv;•;',.:...!...3,:.•,' •• '", ' • ' • • • of.-4'''' 0 ".4- ''',::,`•—"'..... -#411-4!.--"; . .:.• ' . 1 . '. ...,.......f:',.. -..1i.lil...*L04,.......:cf:•,,‘%.,:.;.....;':.:'' ..1,5,..Ve..iVr7....11p.,,e7.,-2-A:i.... ...,:p.4...4-,.-......,..... ..;:.-'. -.-'..... ..7.1.•. • • • i . . wrrNE8Bt ..•• :4. 4 " ,,,...:: ...„•••t F.-.......!... .:........;4'.. ..,. -.. ;.. - '-.'....,:,, ....,...:•..... I... .:.. . . . .i' ..: ' ..::,..'.::::i:,..,,Cr..,.e,Ef.‘t:.;;i'..-:•14".''''':.:'.''' .4:1T'•.4A'..'''''''.....•-'''''':L/ ‘.'"•'. .:16)J011414;"."-: . ..,....1,:AZro:•,:-.•,-,,, .•4:.q;,:..,.47,2zz.,• r.,1g.,': '•si.:'‘,4c, ,.0.:!:,!."•,4','Xi- ''':: "-.','''...:'--,':'-• !...*:.:;• ' , , . • • ,—... ,,.. .,....—.-.4.7-,...41,4.•A'zii,.:..*:.,1.7 ,4.I.,-,?,=!---... , .,_.„ ...7,. •riswq•• ,...:7,,,......,-: .. .. . , , - • . ... :' ,V6V4?Stg.tglr711::.,Vr•ri7'V':‘';')Fr.' ..1',1:Pi•Oila.1:::7..Aregt,'.1 :- ::,, ' .•.-7.'..'', .• .....1,..t.'' • t . ' ••• . • • . , . •s•- • • '-,..v:-... "::?k'-V .-•':Cf•• •`-'.;•••':...."'.'• i.,-,;.,':-_,,,to.t-Ig*.,IP&N...4,144.4.11.CCi:!•i'f714",..•,•••' •f•'..•••••...'• •••:'.... , •. • -. .I . .1'. . .!?•;:.!:!i.e.5,131.1:,..;,..-:' .....,•• .:••1• '.!:c..ri4•.:•rel.fi';:..igiilj.,%•.-.:,11....''..'L•*•_(,• ,....'„..''.. ••:,•. •:• , '',.,',•,... .. ,, ,..i " • .. • : •-•o. . .•,,...."-.:.. ••••••': •,•'•••:::),V7,..-.'grIgt.14,'".:.1k,.4.:t.',‘.'!7.7.7"'•.'-•.'".• ":1'51i.-:',,,:tf.f4=4,77.7.7'.t':•' ..7.':•••••. ....' :.•'7'.F•7'7":7"•-••• •• "• I . • .• *••• •',. ••- • •'"•..•"...,'.....:'4.•';`-:,..‹.;t•f:7;``•:•-••!'•!,, ••••.:'•:i.':'•"..'c'':.4•2'..,',4ki*.E'l.TE:i.i*E's•-1...•. :. I'' - •: *.:::•'•.:*.u.•f....--)..,..• ..•• . • • - • • . .• -t:'''';'7' • -4 ' • • . ...".;:•'•!".,',';-::::";'."'';:•.`.,, '•• •• .. - •-•- ••••":•. 7i."..; '. • . 1 . . •, . •• '...*.• • . . . . • • 1 . . . . . i . . .• , ., • • .,•,'.•".•' • , . • . • ..,, , . ' • ....,•. • , .. • . . . . . . • ,.. . . . . I • • ,. . , . . . . . • .. • . . . . . . . . . • • . . . . ' •... . • . . . • • . . .. . • • • • •. • . . [ • . . . . . , . . . • • . •• • . ..• , , . .. . . .. . . . . . . .. .- ' .. • i . . . • • . • . . . . . ... . . . . - . . . . . • . ., • •• • . . • . . . . . : . . . . • • . • • • . . . . . ., . .• ' '..` • , • . • ...; . * •••. • • . . . • . . • . . • . • • • • . . . • .. ' • . • • • • . • • • . • • IDEC 16 1964 ... Jun. 7. 2007.1. 9:31AM ABC LEGAL SERVICES 206-839-1196 No, 5348 P. 6 _;,.r,^ IN TNL SUPERIOR COURT OF THE STATE OP WA;iHINGTaN FOR KING COUNTY ,fk : Na cat1N:T • t-: Y, a legal subdivision of `l 11• State or Washington, '$m ' Pla3nti rr •".� • :;..ail'"'t'EJC, INC. et al, • ^fit,, • =' `' Defendants ▪:'�i )--P': DECREE OF APPROPRIATION BY '` t''" CONFESS�TON • `:* j,�,.•• . Parcels No. 2 ▪'.. • 2E� 26 l s9 I� 13.15.z0,22,2 } ;,' s ,• ' ► •.3 r32r33,3r5,.36,37,38 , • >`f'•Y.,•,. THIS MATTER having cofaa on dal :,i`^`'., `.k;1.i!;.•T,. • y and regularly batoree r.��:�.: %- i;,,:,-„• undersigned:.• ..ed judge or the above-e�ititl �o „`:�; cis above-entitled court r a t,;'7i • �P?'oPs'letion Co a r :'� ,':' '.•� by n€ession pursuant to RCW 8.16 1 'i"`{•�,}(yy��'+�nyy'',�•�,1�fp� ' f' r* I:' ,,. " . met tfFt ;by and thj�p C N.-., ,vy•. ::� :: . . f ;a�`.' ugh Charles 0. Carroll, Proaecu'tl w t'ka,.,.,t„4••.• " ss • '�,g' 1O K C'auni p, and Robert , — t rx' :-.,ry.:'� F! . '�; .1( Ravers' h1 lie r r >'•• : ?'; end; h eridanta Interested ' "' .*T ;; ,:;' e deF in parcel numbers 2 8� 1 '1 "" •'`' :P 3 r 30 33, 35 36 8 ,� •:. ;fi r',L t.ti 2 r2:{ , I > o r 37,3 m • ' .: ,,t • fi \ e:3.�.atbi• '#. ea';ii`;♦'t:hi s cause being ashe , e' t'r,.. " named a oa:.�,:• :r,;•�,: ' ctae�la'"a$;CaGhed' B in the p�Yee••,o.t':�:;:���,,•,� �i;, :'i.1' al9d it maid • . .• - f 1:r:• . appearing 1`rOzr, •t> 'grant a SCXlr �^`' : r. that the dbi°ex�dtents Have confessed �� ; .�..',y act the petition of p3aint3i'� ; ,� ,, and have received duet compensation Por.the• ,. ;,:la•., ?• �tute7rasta in real' •:,. k; s,, estate desired to be taken byplaintiff herein ?''`:: lamb t :tit f,.. ;Baia; Nti:,. • 3. THEREFORE, r J .- !'tL'•rid';• IT �.'.� '•'�' . ,e. -• .r. HERIMY ORDERED, ADJUDGED•AND DECREED that the or►arki '•t•r in t f,, 0Gar interest bac the roZlowing described real property operry and .-rI4 ;•:, •, .. „ bu.1d3»gs located tihergon, situate in King; . • •,;,„,: , , •0, :hereby is apppopriatod and conveyed to the plaintiff' ,{`:'f'. ' � ti ' reel numbers a :4. • = s described in Exhibit ..Dn =;-u:: .; 3',.., • attached hereto. a\. ' :: .'...;(1.1.;.' "' • ���•'.{. Vic' 2. . . _. •... i7 a ..,�_� .;`a�.:,a"ai'`i,.,J 's;�:� ..�Wr rti r.d.. iC'.4� rqq:. , ,'t'is.. H•.b�: �.''y.n .�.t� • J Jun. 7. 2007 9:92A ABC LEGAL SERVICES 206-839-1196 No. 5348 Pr 7 .•:9•4W+ �'ft..7.'"li:t..y ib •t•_f -'• * C 1�/V' L`' ti tf•.,•vt.... I.YJM Vl„l•' 1 - I • , ,. , L.d <. - ,dj r,.. i.f••to- , .. ^i+J.ter .11 f4 ;:!fit. '_•,;:y, r, Wit';'' /}� T 'r,+; =;. f : Erb 01.1r HED, ADJUDGED AND DECREED that the ;,� 'r^.side:• :te.• �e;. p2a31�t• : `• •_^3„; i.s the owner o for purposes ors 'L,;:J• Pcanny road ' • • `;V z as desar�bed in E�hxbTt 'yA'' $ad hereto "r ',' dts•:.• attar ©T th1► ai`ter_dsactlCiE>4is P• ..p;:: parcels or reap property and bull ?/\ c%. d�i1(Sd located. thereon and i , . , • •' • ..J• •- . to•enter nto possession dr.and at all .timeer °":,•, • • ., ,•: .r�'. a d assess s81d retx pxogerCY 8Q81hBt all parties know A•f$ "``'t -, - . • ' `'r ,1 , .`I,,';,. u fawn, said parcels being described in Rxh3bit °B" attached; 1.:1;;• DONE IN OM, COURT thla ...,-,i,,,, day 4 +�• ' ,ax:. . '''' ,,;... y of x965 • -+ .5'+Z• :jw ,j , •••LIB.—'-.•• "" . .�.;, • • ;'.:fi.1• . , Presented by; .:, ., , :1':aw::{r ':;; ;• • Vi • I 'i: • ,.."r•4.j\ ;,,• • 1;z:�' F ?r • m• f . . . Y;. :rya-•h�,J.Y• •:•.... • REEL iRIMF 'l ••' r'X.KfS.1.%� ••T•i'42/:'. .y; 'J.,•L J, ' • • 1 i 1 1 I .. , . .Jun. 7. .....A.t.,-,54'. ,..5.ir...Aiv....rA.tr.::: .:... . •',...;." •...1;;;Zy• frAl•'•.r,.....•• ':.' • ' • •.c..".' ••• ••c«. •I .o. % "1$••••• '.. ".''',;:::, .,i,.ria:P‘11,1":••-• • ' ' % ,.... ',.,-..: ,.. ,% .. ' . . ....•• • - •••• '.'•ic•-.1?.;3_..0.;•...'. .1:4,,,..... "::' ':ir • '\' ..re .,,,,,.,-.:... • ...k:--,,;., :..,,., ,..-:• :..1:...;,• . .-.,:-.','• .5., .11. ....o . RESOLUTJ ON . 1.P.' • .* ..• ' ..• ...• NO, 28984 '".•1•2 i• ...: 1•,. ":•;:4•.;.%: •f•:.,!, :t.•::.• • :•:?•,..•;. • WHEREAS, the Board of County. Commissionors of Ring County have •••?..it : ', to be fa cessary to 40 qu$ro the land and property her o- -..7•.''.-;• • .A"',114`.nicfter described for the public purpose of county road rights-of- :• .4iv tnieiy, to-wit: ::,,•••••..,•,‘14 • • ,,•••,tr • ••:c ••cl . ,...,•t'..,14,1s.•.... :•*.x.1.1.•• S.E. 128th. Street (1324d Ave. S.E. to 168th Ave. 'S.E.)• •;;•:,:•:•;.,••• ,:t..:... ....,......1. .,....• -..,.l'T• •;••,..• WHEREAS, it appears that, King County is unable to agree with ., ••,........ :::•••-r.,', ••••.•&-•.•1•.:••the owners of said land and property for it,s purehase and xnust resort ••••:-.1'=. *".8.-•,,vt.i.:1,1:6'bridemnation proceedings to acquire same as provided by law, k10111 . ...;1*., -KVi:Itglirefdre .4'.Iilk,• .,....,t.1,,,,,.1•,.... :. ;::!;•';?*"4 i':::.,..• IT RESOLVED by the Board of County Commissioners of King •tr. ,,,:v •,•'i;s•i',•: •.';:ip....,,Aliaty., Washington, that the Proseouting Attorney of King County be ;•!....:)..,;;;'";/ ls- hereby aut horized and directed to begin cendemnation proceed- ' ..i..-4;y;- ••••.%/ii:V••,•,-1.X.1141.11•to acquire property and: property- richts together with rights to ::.:z..it and maintain slopes for outs and fi.als on certain abutting 41i17: .•7;... • git'Operty an and of the following described property in King County .'%,...1:;••,.:• ...:4 tvv..1••••'•; .;. s.l.:4 • ...'..4•;+?:.'.. S. E. 128th Street (132nd Ave. S.P.. to 16atil Ave. S.E.) -•.•-..,.: .I.,.......; ':•.'s;\;.f;•.•. . ....f..0-. ,0•3141,;,,q,-......• A strip of land 84. feet in width, htay.ing la feet of such width 4.•. 4...... ::•.$,,;:igritit...#aoh side of the following described centerline: ,-4 •-•?:,.....' • •••••=ii,... :'•4 A: - •:,•.:. ••.od..• ...Vit...ii;,11....% Beginning at. the Northwest corner of Sec. 15, 19. 23 N.R. ••,:-../;:u..":''•';:•' • E.W.14-z thence Easterly a diatenoe of 11,727.00 feet to • ,••-.4 7,1'A'',. • a tsrminue at a .point on the centerline of 168th. Ay,. 9.E., •••:11,$Thk.i ' •?:...1.c,".:;'.." said point being N. 72°51136" Bast a distance of 32.17 feet :m•,,,:••. ,.....:41;.; . .t..,.'r.., Crap the Northeast corner of the N.W,1/4 or the N.W. of Sec. •,,.: :••••. •'':,•7;•.t.41, ,T,....",-e,:,,, • 13, Twp. 23 11. R. VP.•:. :.•'. .,r.:1:..... . . ..1--.•‘,•*;,••:n',;r1.,'4:::-• PASSED ithip.2. r4LL_day of November 1964. • k'kit;*- ...-v...;2.-L'• ' • ....4,.:;P:77. • . BOARD OF COUNTY COIVISS/ONERS ;o..47,i!,••• , •..,.'••?4•itt..,;,•*:* ..;•?:.„1“. . .;f;1•,.....i.'.;••,- •EING annITy, WASHINGTON • •••ti....rk•. . . ,s,:.••',...,'`::?I'cirt.•;.• 44'4 •:.7...7....4,41.1%. • ..i.:' '.%i•.;•4:.:ItTBST: • • • • ED NUNRO . . • A. MORRIS Chni rman .g......-A: of the' Board . •••••.,,,17.::.• ::!",?:),:',:,:.•,. ' • • • •1...,.,-,„:. • . • . kfm?•••'..;.., SCOTT WALLACE ....,..1:-• & it. STENDER CoemaZirontTir—^"------""'"'"—•"' -.•••'' ".••• • • ••.:,•r,•-•...-. .. :.„ • TeTuly ::',•,%''.;'.i .• •. :...ici'v's;,t •• !IOW T. O'BRIEN •,...;_:7.0:-...• - . . ::•.?.:f;•••• do:amiss rprier • ••‘,44•:,.• 1 • ::•41.':,... .ti•,... •.•,;1•1/4..::• :.:., , • . ::..4. ...';' P%-4.. • • . • • .. .V.Y' ...Z.il St.; . . :!'.SI.P . • 1 •:',14...:::'':...'i:: • .• '43-'.••••• REEL 9 mvz 756 . ••*., , . :,.p.,•.•--.. . • -ic-if.:.: • • • .. .• .....,. .., .::. .....,...-0....,-." •• ....4.,...: I . • :,4'.•••.5•r• ., ' II• 102X 1 5 / I' "A" • •;. - . . :......,• -ivt. ! .:-..-i ,t.,'-x...jilk.,;;‘,-. :.. • •• , • • : .• •••: .. ;....11•;: -.42.2.7i.i;:t1, . 2 . . F. . 1 . 1 •1 , I Jun. 7. 2007 9:32AM ABC LEGAL SERVICES 206-839-1196 No. 5348 P. 9 Description k ':1, The Korth 3/5 of the West Half of the Northwest Quarter of the Northwest ,Quarter o;� the Northwest Quarter of'Section 15, Township 23 Nart22, Range 5 :;;•, glut W.M. ; EX=EPT County Roads along the North and West lines thereof; ;1 ` '` plat); LESS all coaltion of Tract 1 and minerals andntlse right tore exploresforna unrecorded :`'•; • ":. the same; situate in the County of King, State or Washington: , 1' • ' Henry Thompson Ruggles , '• ;' ! Owner ', Case No. 135l1b1, King County • sty Northam Pacific Railway Company ` q . • Profit a Prendre :4,• File'.# 19214,30 as recorded in Vol. 254 of Deeds page ` ph,r ii ' t•1 • c. ult •C t.i •,. 1ik• .. Exhibit B-9 11 ..1. fir. • fr� • 1 1 Jun• 7. 2007 9:32AM ABC LEGAL SERVICES 206-839-1196 arr wNo• 5348 P. 10 1 I19 a cr., tiit1 • ;;:;.The North of the Last' of the ITortheaef of .. ...„ west k of Section 15, Township23North, athe East t..K.; EXCEPT the Nortb- ,,:�teat of the :last Range 5 East ''t.I ,; the 5 of the North is of the East 1 of the Northwest '' of -•;! ? .-...•the Northwest '-r or the Northwest 1 of•said Section; EXCEPT County Roads; : `' TRESS coat and minerals and the right to explore for .;: ;ti;�,situate in the Countyor E3 Pend matte the sea�e- ::M,r; unt King, State of �leslYingto ;: F• di Ray V. Wendt and Florence T. Wendt, .!1'. ?t: formerly Florance T. Harvey • ,; Owners />, Auditor's :. 'J #515753e File #525587!} k i ! • • and '''` i Max a Eileen Bardessono '' . ;.' �r Contract Purchasers i_' ;: Auditor's File # 572129 �' °, Northern Pacific Railway Company £' "'�, Profit a Prsndre L. File #19243O, Vol. 254 of ;,: Deeds Page .398 • • A. • ;;Exhibit B-12 . 14.2 • il I t rI . 4 " • Jun. 7. 2007 9:32,71746C LEGAL SERVICES 206—839—1196Trivn-- ,/10,7:4:17liet.t...7 C.f.%•••::':ir:•::: ...,%,./it. ,,,,-. :• ...I:-....4— ...-.. 1 I .11..... 71 • .•:77,i....' • ....:..i'.. .••:..;' [...i.;.*flit.'tA0h . l :201,1,1•'. 1/4 of tha Northwest 1/4 of the Nor the as t 1/4 of ,,,ie Northwest 1/4 . •:'::'. • •••:liO*Istion 15, Township 23 North, Range 5 Bast W.M.; 7.7COETT the West 7.5. AND P,XOZPT the East SO feet thereof; LESS coal and minarali•:.:i'.)..,.. ••••,;•%,-61-.,4,ithe right to explore for and mine the same; situate 5.r. the County of ,, .. . . . •,', --: 4, -I, State of Washington. ?•.,;,,,,:,-••••-••.i*.,..*: .P.•,•:?,...' ' ••.• .. •:•:,••p'1,,..::•• • ..tst,,,....,. ••• ••• •••• , • f,i- -:,',,,,,, •• ....., . . . -i',7;y.. • • .!.!.-,i Sam Zerwoodis and Doris Zorwoodisi ..,„?. . .•.,.i:pe; • .:Ft":74: Iiiw wife :Z 41•••••..• ,- :::-• N. . • Owners . . . •• 4,::,kr••• :t. ' .:W.4:. Auditor's ;Pile #5593432 "A;;;•• •:•13'-i...1,1, •.:..u,4:•- Jamea Marenakos and Gaorginia Harena'l , ...1::al.'•: • kos, his wife . •,bg:' ..:.,'1, -,;„c: '• • . . fee . :P1:v* Owrtera '::;•f;; . • '1,i'• cu.t. AladitOr I a File #573e8sl ,.,;...tiez.... ;4':'• . :•..S..40. . 4..1':YVI 1051.11 Northern Pacific Railway Company. ,-;•tv.-; • .•;g9i;.:1 Profit A Prendre . • •,,vt::;.•;; . ,AUditor!s Pile #2841227 , • ' ,' ".:',•.:•*,...p. . . . . • • ,:,..c. ,,,,,•,•••,...,. . • Elaa'Pedergen and Theodore Pedmmoan,,,,:,. •,.:,... his W.fe •• ••,k- -- ,..... • •••4••••,.0., .1.,. • Judgment Creditor of Prior•';'••,?,' Owner ,qty -•14':Wi''" :;:A King County superlor. Court Y•i" Cause Io. 564.04.5 , •V ,,... Zyie. • • oF0A,'.f... • Judazootit Creditor's of Pri f.R.•`•• • ..i,';eA•';?. .1!. Owner -.,;.?...7,:•-t • King County Supprior,fturt • .r...i.,•••4., Cause No. 575975 • 1,,,, ••,...,, •-• ••-..,.. a • • . . :•.,.: . ••=.-: i 1'V.. .., ••• •. , ..-..14. r. AZ' ,..?: ..xr. • . .• ' I .7.9:: .).. ..,:•',..!. , • . • ..•''..:i;•':,•- • . • • ::./...,: ie. .*'* . • ..r.,.; , .,....*.kr,:•• • . • . ..z.,, .,,:v • • .• • . • . . '‘?f•41.1t. •-r:t" 1 bit B.13 • '4..".: -.77,,..,... • ..:., • "A-A.-,..-. • .:,..l.:. . . . ...,. • . ,, , ,q.'.;:...y. .. ....„ . ; ..,.'q•il>.- . ...• 1 .. ... :•:;„'' m:: .. 7' ., . • ....i.`;-' 4'4;:-:', fi..r.,1.4 ;• • 1 Aik-U7Z;;;;:e„.,.•;,-..*;..-4,..-a4•:•;.•;;;,1,',:::•.:44. .. •tztil:„.flatetat6::-..&;: : ....e....;_:.. ..?:--- . 1 . , Jun. 7. 2007 9:33A '. ABC LEGAL SERVICES 206-839-1196 No, 5348 P. 12 y J:+ SSl g•1 Y4'• 1 , Ei.+a"f^�f`'1"t�1 i'� . • � , y.: 1 Y i .+ ,gyp.•':. • .• . ,'' ', `; Obligati a i•tion i ;.. • iv4;% North 180 (as mesaf••', Feetthe East line of the Northeast •:;; �� �. measured ago ) � ,;a•: ::01.t0;b Atha'Northwest of the Northeast or the Northwest 'lq or Section 2. , •; r'w- '`: iltliip 23 North, Range 5 Eaat W.M.; EXCEPT the West 150 feet thereof; ".,•.> .:tw;k� 3?'7 the Piamt ,2o feet thereof reserved for road; AND EXCEPT the North '`_• V.• eet thereof $,n Southeast 128th Street ; LESS coax and minerals and the ' '' : •t to explore for and mine the same; situate 3n the C -."�. ;fF ite or Washington aunty o1' icing, ;.w , I[umba.o Oil ea Refining Company a ,,: ,'� 3; Owner :"'' .•• ;.1, Auditors Pile #5139257 '„ }er. Northern Panitio Railway Co an ;'; : y'' �'. Profit a Prendre :'y :• :'-i'.f`.. vox. zs4 or Deeds, Page 363, -1 .4k• fY , • ,4, 0 . kC r • l.X. av1.Q+ • r f :! :e •ly • • poi;', ,r. .f_•r,,., , . • : bit 8-15 ; : J j'f• :' 11t1 j �r -r i . 1 Jun. 7. 2607.: 9:33AM ABC LEGAL SERVICES 206-839-1196 No, 5348 P. 13 r :F. • _ r`cri•tion f 'r; l 11�1f .: xrt ;;.�",laat 1t}D root of the North ZI"b !'ae ..if ;,:,. . a t of.the North °,1 of the Northeast ` ,i ^#She Nortboaet 14 or the Northwest:� 7... .1 of Section lyr Township 3 North,$10 ; Last ,J II y Roads: LESS and minerals t ��. ;, • '•; L•`7CCISPT Couttt ' 1, ''•1 to explore for coal m c era s and the and mine the same; -`: ` 10 feet of the West 150 feet of the North r.1 of the Northeast = 'I&x `" rtheas t k of the Nort 3 y•.•, . 'u►est of Section i Township 3 `'Y ••TF.,,,; at W.Rh; EXCEPT the South 90 feet thereof; 2 andTosine .. •„ •' :`iiigh't to explore f'or and mine the same; LESS coal iaipera, ,•`.;:ti 1..1%Tituatte iu the County of Kin I g, State Of �!a hinst 1, '4.f?:7 S a'• k;t •ti.a.1T:- Robert L. Deena a Derma• c:• : '` his wife Y and Dario L. •, Owner . 'bw 'Auditor's Pile #4 7458$ v6v . r i I , fM1 'f•h` } Aa oaiLincoln Firt grist Federal Savings Lo:,,.;;i. -z, Mortgageev: cr, Auditor's Pile 555853$ • Jr F: 1' i+ 4. eF • 1• :'1 •• _1_} . ;fit S'�36 �; 't,yw: • • t1:� 1 • I f • i 1 L_. • I C L. i SHANNON FiWILSON, INC. , .GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS r-a L Wetland Delineation Ribera Balko Short Plat Renton, Washington September 7,2006 I + I • L_ �t i_J t_J SHANNON iWILSON,INC. OEOTECHNICAL'AND ENVIRONMENTAL CONSULTANTS At Shannon &Wilson, our mission is to be a progressive, well- managed professional consulting firm in the fields of engineering and applied earth sciences. Our goal is to perform our services with the highest degree of professionalism with due consideration to the best interests of the public,our clients,and our employees. I ' , L 1 I , Submitted To: 1 Mr. Tom Foster Fourth Avenue Associates, LLC 6450 Southcenter Blvd., Suite 106 r, Seattle,Washington 98188 l I By: Shannon &Wilson, Inc. 400 N 34th Street, Suite 100 Seattle, Washington 98103 n I 21-1-12193-001 ri l_.' r SHANNON iWILSON,INC TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 1.1 Scope of Services 1 1.2 Site Location and Description 1 2.0 METHODS 2 3.0 DOCUMENT REVIEW 3 4.0 WETLAND AREAS AND STREAM 4 4.1 Wetland A 4 4.2 Wetland B 5 4.3 Uplands 5 4.4 Stream 6 5.0 WETLAND AND STREAM REGULATIONS 7 5.1 Wetland Rating and Buffers 7 5.2 Stream Buffers 6 6.0 CLOSURE 7 7.0 REFERENCES 9 LIST OF FIGURES Figure No. 1 Vicinity Map 2 National Wetland Inventory Map 3 Soils Map 4 Wetland Delineation Map LIST OF APPENDICES Appendix A Wetland Delineation Methodology B Wetland Field Data Sheets C Important Information About Your Wetland Delineation and/or Stream Classification Report 21-1-12193-001-R1/wp/LKD 21-1-12193-001 - i SHANNON 6WILSON.INC. WETLAND DELINEATION RIBERA BALKO SHORT PLAT RENTON,WASHINGTON 1.0 INTRODUCTION Shannon&Wilson, Inc. was contracted by Fourth Avenue Associates, LLC to conduct a wetland delineation on King County tax parcel no. 5182100020, formerly known as the Ribera Balko Short Plat(hereafter referred to as "the site"), within the City of Renton, Washington(NE 1/4 Section 15, Township 23 N, Range 5 East). The purpose of the wetland delineation was to • provide a determination of the extent, limits, and categories of site wetlands that still exist on the property. The work was authorized by Mr. Tom Foster of Fourth Avenue Associates, LLC and ,was performed in accordance with our proposal dated July 13, 2006. The scope of services for this project was limited to the following tasks: ► Review background information available for the site, including the City of Renton Wetland Inventory, King County interactive mapping system (http://www.metrokc.gov/gis/mapportal/iMAP_main.htm), and the King County Soil Survey. ► Identify and redelineate wetlands found on the subject property that meet the three- parameter jurisdictional definition as established by the U.S. Army Corps of Engineer's 1987 Wetlands Delineation Manual and the Washington State Department of Ecology (Ecology) 1997 Wetland Identification and Delineation Manual. ► Prepare a site sketch showing the approximate extent of the identified wetlands, to be used by a surveyor to survey wetland flags and data point locations. ► Prepare a wetland delineation report describing our methods and the results of our fieldwork, and categorizing the wetlands found on the subject property according to the old City of Renton's Wetlands Management Code. 1.1 Site Location and Description • The subject property is located on NE 4th Street, southeast of its intersection with Union Avenue ' NE, in Renton,Washington(Figure 1). The site is approximately 5.98 acres in size. Maplewood Creek flows south along the west border of the site, and exits the site through the middle of the southern border. The site is bounded by NE 4th Street on the north, and by residential and • 21-1-12193-001-RI.doc/wp/LKD 21-1-12193-001 1 it SHANNON bWILSON,INC. commercial use properties on the east, west, and south. The property south of the site has been filled, creating an approximately 15-foot rise along the eastern half of the south property line. Generally, site topography slopes down gently toward the southwest side of the property. Historically, portions of the property have been cleared and filled, and recently as part of the proposed property use the site was cleared and a storm pond was installed along the 'southwestern property edge adjacent the wetland and stream. ;This property was originally delineated by the same biologist at Shannon&Wilson, Inc. eight years ago in the winter of 1998. At that time the site was larger and included what is now the site of the new post office. Over time wetland boundaries tend to change because of alterations to surrounding areas and because wetlands are dynamic systems. This redelineation was completed because the old site delineation was done during a very heavy storm event. Based on recent site visits,we believed that the site wetlands were likely different than when the original delineation was completed. 2.0 METHODS Shannon&Wilson, Inc. conducted the wetland delineation fieldwork on July 25 and 26, 2006. Wetlands were delineated using methods described in the 1987 Army Corps of Engineers Wetland Delineation Manual,supplemented by the Ecology 1997 Wetland Identification and Delineation Manual. Site conditions were observed by walking the site to determine whether it had been recently disturbed and to identify plant community types and`wetland classification types. Wetland presence and boundaries were delineated by conducting a routine method f delineation. Appendix A includes a complete description of methodology used. Data plots were characterized within identified wetland and upland plant community types to _. ! help describe general conditions at the site. Information on vegetation, soils, and hydrology was collected at each data point. These data plots were located near the upland/wetland interface to more accurately determine the boundaries of on-site wetlands. Information gathered at these locations is provided in Appendix B. Wetland areas were determined using the triple-parameter approach, which considers vegetation types, soil conditions, and hydrologic conditions. For an area to be considered wetland, it must display each of the following: (a) dominant plant species that are considered hydrophytic by the 21-1-12193-001-R1.doc/wp/LKD 21-1-12193-001 2 • SHANNON&WILSON,INC. accepted classification indicators, (b) soils that are considered hydric under federal definition, and (c) indications of wetland hydrology, in accordance with federal definition. Please see Appendix A for more information and categorization of hydrophytic vegetation, hydric soils, and 'wetland hydrology. Identified wetlands were delineated by flagging the wetland boundaries with pink"wetland boundary" flagging. Data point locations were flagged with white and orange polka dot flagging. 3.0 DOCUMENT REVIEW f ',Background information pertaining to the wetland site was collected and reviewed for its usefulness. These information sources included: ► U.S. Fish and Wildlife Service National Wetland Inventory Map of Renton, Washington Quadrangle, 1:24,000 scale(U.S. Department of the Interior, 1988). ► U.S. Geological Survey Map of Renton, Washington Quadrangle, 1:24,000 scale (U.S. Geological Survey, 1994). ► U.S. Soil Conservation Service (SCS) Soil Survey of King County Area, Washington— Sheet No. 11 (U.S. Department of Agriculture, 1979). ►f King County Interactive Mapping System—King County iMap (http://www.metrokc.govigisimapportal/iMAP_main.htm). ► City of Renton Building Regulations, Chapter 32, Wetlands Management Code(Code Publishing, Inc., 1998). Neither the U.S. Fish and Wildlife Service National Wetland Inventory Map (Renton, Washington) nor the City of Renton Wetland Inventory Map indicated the presence of any Wetlands on or near the site(Figure 2). Maplewood Creek appears on both maps, and is classified as Riverine, intermittent, streambed, seasonally flooded (R4SBC) on the National i Wetlands Inventory Map. The King County Soil Survey(Soil Conservation Service, 1979) (Figure 3)maps the site as - i containing Alderwood gravelly sandy loam, AgC, with 6 to 15 percent slopes. This series is considered moderately well drained, with a weak to strongly consolidated substratum within approximately 24 to 40 inches below the surface. Runoff is slow to medium, and the erosion hazard is moderate. This soil type is considered non-hydric on the Washington State list of 21!1_12193-00I-RI.doc/wp/LKD 21-1-12193-001 3 SHANNON 6WILSON,INC. hydric soils. However, as much as three percent of the areas mapped as Alderwood gravelly sandy loam, 6 to 15 percent, have inclusions of the poorly drained Norma, Bellingham, Seattle, Tukwila, and Shalean soils. These soil inclusions are all considered hydric soil. 4.0. WETLAND AREAS AND STREAM Two wetlands (Wetlands A and B) were identified on the property(Figure 4). Both are associated with Maplewood Creek, which flows along the western and southern boundary of the property. Wetland boundaries were primarily established based on the vegetation and topographic changes as well as the presence of standing water and hydric soil indicators. While data were recorded from nine data plots: four upland plots and five wetland plots, several other soil pits and sites were examined to establish the wetland boundaries. Data sheets are included in Appendix B. Based on USFWS Classification Wetlands in Dee water Habitats of p of the United States (1992)both wetlands are palustrine, scrub-shrub (PSS)wetland communities. 4.1 Wetland A Wetland A (30,612 square feet) is located along the western property boundary and is associated with Maplewood Creek. The wetland is vegetated with a thick scrub-shrub stratum over an 'herbaceous grass understory. Reed canarygrass (Phalaris arundinacea) and bent grass (Agrostis spp.) dominate the herbaceous stratum. Patches of hard hack (Spiraea douglasii), red osier dogwood (Cornus stolonifera), willow (Salix spp.), ninebark (Physocarpus capitatus) and red alder(Alnus rubra), which comprise the scrub/shrub stratum, are heavily concentrated immediately adjacent to the stream. The plant indicator status for plant species found within this wetland ranged from FAC to FACW, which meets the criterion for hydrophytic vegetation. Soils were analyzed for color, texture, and moisture content. In general, the soils observed in and adjacent to Wetland A were sandy loam, gravelly sandy loam, and pockets of fill. Wetland plots contained low-chroma soils. Soil colors within the wetland data plots varied, although all satisfied hydric soil criteria. Soil colors within plots 3 and 7 were comprised of very dark gray (10YR 3/1) 0 to 16 inches; black (10YR 2/1) 0-7 inches, with very dark gray(10YR 3/1) 7 to 14 inches in data plot 2; and black(7.5YR 2.5/1) 0 to 8 inches, with very dark gray(7.5YR 3/1) 8 to 16 inches in data plot 9. Saturation was not present within 12 inches of the surface at the time of the field visit; however, the field visit was conducted during the dry season and soils would not be expected to be moist. This is especially true because Maplewood Creek, which 21-1-12193-001-RI.doc/wp/LKD 21-1-12193-001 4 SHANNON&WILSON.INC. ' flows through Wetland A, was also dry at the time of the field visit. However, hydrology indicators were evident in places in the wetland such as water lines, sediment deposits and drainage patterns. Thus, wetland hydrology characteristics were assumed to persist for a sufficient duration to satisfy the hydrologic criterion. Wetland boundaries were primarily established based on the topographic and vegetative change and the presence of hydric soils. Much of this wetland has been disturbed in the past as evidenced by ditching of creek, old fill piles, and wetland plant communities indicative of disturbed conditions, such as reed canarygrass and blackberry. 4.2 Wetland B Wetland B (1,738 square feet) is thickly vegetated, with a dense scrub-shrub understory. Aspen (Populus tremuloides), willow(Salix spp.), snowberry(Symphoricorpos albus), and Pacific Ninebark(Physocarpus capitatus) dominate the scrub/shrub stratum. The herbaceous stratum is composed of slough sedge (Carex obnupta). Himalayan blackberry(Rubus discolor) dominates 'the disturbed wetland edge whereas the undisturbed wetland edge was defined by a distinct ,vegetation transition, from the aforementioned wetland scrub-shrub plants to a dense cover of 'salal (Gaultheria shallon) and Oregon-grape (Berberis nervosa). Although the plant indicator status for plant species found within Wetland B ranged from FACU to OBL, the predominant vegetative community was OBL to FAC+. Dominant plant species in Wetland B meet the criteria for hydrophytic vegetation. Soils were analyzed for color, texture, and moisture content. The soils observed within the wetland were sandy loam, with pockets of gravel or fill and organics. Soil color within data plot 8 was black(10YR 2/1) 0 to 13 inches, and very dark brown (7.5YR 2.5/2) 13 to 16+inches, which satisfies the hydric soil criterion. Although soils within Wetland B were not saturated at the time of the field visit, a berm along the western and southern edge of the wetland effectively cut off the hydrologic connection to the stream while impounding surface water and precipitation in the wetland. Based on these field conditions, the wetland hydrology characteristics were assumed to persist for sufficient duration to satisfy the hydrologic criterion. However, it is our opinion that due to the recent on-site clearing and piling of debris, the development of the Postal Service site, and the ongoing development to the east, the degree of surface water that may have reached this wetland in the past likely no longer can get to the wetland. 21-1-12193-001-RI.doc/wp/LKD 21-1-12193-001 5 SHANNON iWILSON,INC. 4.3 Uplands The vegetation of the adjacent upland buffer is comprised of Himalayan blackberry(Rubus discolor),reed canarygrass (Phalaris arundinacea), Scot's broom (Cytisus scoparius), Canada thistle(Cirsium arvense), and snowberry(Symphoricarpos albus), as well as many varieties of pasture grass. The soils were comprised of gravelly sandy loam and very gravelly sandy loam, and were not saturated. The site was cleared and grubbed last year as part of the proposed short plat. A storm pond was installed but is not yet operational, in the south west portion of the site, adjacent to and between Wetlands A and B. Portions of the buffer around Wetland B have been cleared, and a large grub pile was placed to the north of the wetland. At the request of the King County Noxious Weed board, the upland portion of the site was recently sprayed with an herbicide to eradicate sulfer cinquefoil (Potentilla recta). The herbicide applicators did not spray the wetland/stream buffers. 4.4 Stream Maplewood Creek flows in a southerly direction through the west side of,the property, although it was dry during the July field visit. The western creek bank slopes up very steeply, while the eastern bank generally slopes more gradually. The creek enters the northwest side of the property through a large, 4-foot-diameter culvert under NE 4th Street. A second smaller culvert enters the site along the north side of the property and provides some minor additional flow to the creek. This culvert was modified slightly last year when the site was cleared and grubbed. The stream roughly flows parallel to the western border of the property until it approaches the southern property boundary where it abruptly changes to an eastern direction and exits the site to the south halfway along the southern property border. The channel was ditched along most of the on-site reach at some time in the past. Maplewood Creek enters the Cedar River after passing through the Maplewood Golf&Country Club, and passing under State Route 169. Our study did not include an investigation of fish use of the stream. However, a review of existing information and our field verification indicate the stream is ephemeral, going dry during the summer. Additionally, the creek is reported to have fish migration barriers downstream of the project area. Thus, anadromous salmonids are not likely to be present in this section of the stream. 21-1-12193-001-R 1.doc/wp/LKD 21-1-12193-001 6 SHANNON FIWILSON,INC. 5.0 WETLAND AND STREAM REGULATIONS The Ribera/Balko Short plat was approved in June 2002, and is therefore vested under the City of Renton Wetland Management Code of the Building Regulation Code(1998). As a result, the following code review was completed using that code. A comprehensive rating system for wetlands is contained in the code was used to rate each wetland to determine the standard buffer setback required. Required buffers surround the delineated wetlands, and should not be impacted by development unless mitigation for impacts is,provided. 5.1 Wetland Rating and Buffers Wetland A was classified as a Category 3 wetland because it is greater than 5,000 square feet and has been disturbed through past ditching, filling, and clearing of vegetation. Wetland B was classified as a Category 3 wetland because it is less than-5,000 square feet and it does not meet any of the criteria listed for Category 1 or 2 wetlands. Category 3 wetlands, as listed in the Renton Wetlands Management regulations,require 25-foot buffers. However,under the City of Renton's Wetlands Management regulations, Category 3 wetlands smaller than 5,000 square feet are considered exempt. Therefore, only Wetland A would be required by the city to maintain a 25-foot buffer. 5.2 Stream Buffers Streams are regulated within the City of Renton Building Regulations and require 25-foot buffers from the edge of ordinary high water. Ordinary high water in this stream would likely be considered the edge of the ditched bank. Land clearing or tree cutting is not permitted by the City of Renton within stream buffers. Because the stream is contained within the wetland, the wetland buffer would extend beyond the stream buffer and govern the extent of development on the site. 6.0 CLOSURE The findings and conclusions documented in this report have been prepared for specific application to this project, and have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area, and in accordance with the terms and conditions set forth in our agreement. The conclusion and recommendations presented in this report are 21-1-12193-001-R1.doc/wp/LRD 21-1-12193-001 L SHANNON FiWILSON.INC. 'professional opinions based on interpretation of information currently available to us, and are made within the operational scope,budget, and schedule constraints of this project. No warranty, express or implied, is made. Wetland boundaries identified by Shannon &Wilson are considered to be preliminary until the Corps and/or the local jurisdictional agency validate the flagged wetland boundaries. Validation of the wetland boundary by the regulating agency(s)provides a certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified data or until the regulations are modified. Only the regulating agency(s) can provide this certification. Since wetlands are dynamic communities affected by both natural and human activities, changes in wetland boundaries may be expected; therefore, wetland delineations cannot remain valid for an indefinite period of time. The U.S. Army Corps of Engineers typically recognizes the validity of wetland delineations for a period of five years after completion and the City of Renton for only two years. Development activities on a site two years after the completion of this wetland delineation report may require revision of the wetland delineation. In addition, changes in government code, regulations, or laws may occur. Because of such changes beyond our control, our observations and conclusions regarding this site may need to be revised wholly or in part. SHANNON & WILSON,INC. retk Katie L. Walter, P.W.S. Associate Natural Resource Manger KLW:BSK:DNC/pcj 21-1-12193-001-RI.doc/wp/LKD 21-1-12193-001 8 • SHANNON&WILSON,INC. 7.0 REFERENCES City of Renton, 1998, City of Renton Building Regulations: Code Publishing, Inc., Seattle, Wash. Cowardin, L.M. and others, 1979, Classifications of wetlands and deepwater habitats of the p United States: U.S. Fish and Wildlife Service Publication FWS/OSB-79/31. King County Interactive Mapping System—King County iMap. Found on the World Wide Web at: http://www.metrokc.gov/gis/mapportal/iMAP_main.htm U.S.Army Corps of Engineers, 1987, Corps of Engineers wetlands delineation manual: Vicksburg, Miss., U.S.Army Engineer Waterways Experiment Station,Technical Report Y-87-1. U. S. Department of Agriculture, Soil Conservation Service, 1979, Soil survey of King County, Washington. U.S. Department of the Interior, Fish and Wildlife Service, 1988,National wetland inventory map: Renton, Washington, Quadrangle. 1988, 1993,National list of plant species that occur in wetlands: Northwest (Region 9), Biological Report 88 (26.9). U.S. Geological Survey, 1994, USGS topographic map: Renton;Washington, Quadrangle. Washington State Department of Ecology, 1997, Washington State wetlands identification and delineation manual: Publication#96-94, Washington State Department of Ecology, Olympia, Wash. 21-1-12193-001-RI.doc/wp/LKD 21-1-12193-001 9 6tx W PL R k t i,, ,►i i7j1 Y, NE z 6TF1 I. file —�z t EI/N w xE .,• Washingtonics STM 5THR a� - W SE 7 AV NE a" > sT ,.., �' Q- .• Y T (1 ) 1M Q1 t N' TH-�� m t/1 i� Renton s 11111 • I '' i. 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VICINITY MAP 0 This map is copyrighted by THOMAS BROS. MAPS®. It is N unlawful to copy or reproduce all or any part thereof,whether for August 2006 21-1-12193-001 o personal use or resale,without permission. All rights reserved. m SHANNON&WILSON, INC. I FIG. 1 itGeotechnical and Environmental Consultants i 111 rld �� rPFOC' duo • W-17K I? . • S� illiri c)1 IT . w-2o :: •. ..�_. • r 1 e„.. :, • W-18 _\J N i9' _J g 102PM= �,.. . t PROJECT PFOA 4 PS C' t: • Par ki LOCATION ® ' 4' PEMC J� W-27 4 W-21 K i 1 pre:. . l�� — 4 llk, 4) li r J Ott = N4 trA� R4SBC o1 •l . i 41 ��AI. u � ,A ` 4 'l ark)'1 )4, ., ...;..„..... •-•:- I "dlepoo.).A )11 15 • . • •,cL.may-4:^ ��'/ , --;`;; _ ... . �� ayip/ e 151_11• isj• • 1 j� `7. 111 ' ILA ---- w-2 `_r""��� • I� ,1 T \.. IV ��ti 9K �. \ and ll PUBH . �� I` Count .-4R4SBc1 �1 1 \\� R3US .i—`W % let,...." : \?Aft( #411146 .,/ . ••I -R3UBH` `' `/- l:. '�� R3USC. ,,,.: , -- ...„.. 4.714.1 i - —1144•N\ —•::"\---• ^"•.' .j'° �: : 1 PEMC ��/ ` o'or \7_,-.7.7 edit,, �.�PEMC.,::�,_ ,,•��-\1r1 W-31 K •f: .....,A 4)-- §1i._ .te,:ly . iij 'X`:; A®/�/a 17 1 bor n'"c �j W-33K1ir0 1,,4„ cp 0 1/2 1 O, ' Scale in Miles o, m NI n _ �I I O O 1 NI 4th Avenue Associates N Renton, Washington of NOTE col Map based on 1:24,000 maps by City of Renton NATIONAL WETLANDS r: Wetland Inventory dated 1991,and National Jr Wetlands Inventory, United States Department INVENTORY MAP N of the Interior dated 1988. August 2006 21-1-12193-001 SHANNON&WILSON, INC. Geatechnlcal and Environmental Consultants FIG. 2 \ `' ' •• l '/ i ..I_ I. Lp '��.La\, • ' Agp a. t,•��-•:,: rr, ■ i � s \ 'gAy.,-��'� !j$ighIgna;v�,i v.. _t_i � • . it}— T Sch 1i11'- %` \\ � � KK .�"tor •r., - .. i1: :fir �� ,'' N ;••• •.ii•tiiii . .. . 40 \) II ��'• g 't _ ., r__ . AgB III Tir 0 ; it9P.�' �► _ I y, , e • Trail r • i1•. �� ;BMA 1 (( ■■ ■• • 1 n. • • I.Ev6 ••*#? •� % I Greenwood Cep • 'ii • • •• ••a •• , Jr EvD . I r r-r • • AkF I /r I ' �J • �< ID ! I f fr, ,nr =41 • o Rht A C • •1 t I. ' E. ' '•n 406 PROJECT '�i: i\' Cerrl ` An LOCATION H_____ caav Pc « 'pl.,- 4a q as • �, BM a of . it- o a I �j is - - -�( ` ' \\ I -\ 'C AkF EvC kF 6 �\I iiii&� ' / •t n, AkF j��►��'�• � , • I /• AkF '''• Ay�t - BM u — — \ --�+pj �jI \-- -——— EvE . \\14% AgC BMi37. A•= 1 Rf�E ps 4'0 1r. )LL1 ,f•' - -- \r- -°--\ ^':` / Ii4 •&': COO's d in ---., --:".-- ••- \ I - °-o?::-•••-'''--q;- -as\/ .06.9&.,_*.`-- / te ��r il /` \ �C a v AmCI "0ep. `� \„` \.` \ . \ C ` \Substal!- ' ' I = �h\_=AkF '_` J , aP , � r iii I� Q N( , Cj cn 455 o . I\! � \ ♦ II Q ikihO AraC ��\ AkF I \\ s� JI• �\ \��` I AgC .1 AkF rear O ��i • AgC_ 0 -?6A--- � ( s ' __C . r \u t EvC � � � 'l I A gp 1;M iD rr 0 0 A 0 1/2 1 i I I II 4th Avenue Associates •• Scale in Miles Renton, Washington NOTE rh N Map adapted from 1:24,000 soil survey map of King SOILS MAP County Area, WA(Renton quandrangle),dated 1972, N prepared by US Department of Agriculture and Soil August 2006 21-1-12193-001 Conservation Service. SHANNON&WILSON, INC. FIG. 3 1 Geotechnical and Environmental Consultants Southeast 128th Street (King Co.) Northeast 4th Street (Renton) _ N - Soil Pit 1� 0 80 160 WF A-f s 7, WF ° N XF Scale in Feet A-62 SoilA2 s,, 4',,, e.4 Pit 2 \ �'. — 4 7• / o, \ ' . WF A-3 i �Sof] Pit 4 _ X A-d ¢,. Pit'3b.i 0� WF p_Ai i Approximete Location WF A-4fiX''�'� ,�� , of Maplewood Creek HF A-4�', , - ` i jXF A-454(y'' 1 ' I Parcel A ��,, Parcel B 1,F A-5M , f 3 1f I \ 1F A-44X'�e \' P s `', 1 ‘ SF A-7 `' S, + \ .9°'\Pot'5 't 3" ' �/ + Wetland A t,XF A-41 x,� "-B I (30,612 Square Feet) \WF A-40 V'' A 1 WF A-3S i\- d I ! +� 1 F 6oi1�1 - t WE A-�9�,�(Pot 6 _� ' ` 901)1 Pit 7`i I :+ I 1 `.,¢e I t W F A-3B x 1 ) HF A 3 � ,.,o. WF A-IO:K'�' i i 25-Ft. Buffer V 'WF A-36 .g'.. 1 `� Q . t WF k-111KI'�. C \ ' � }i'F A-35 X WF A-12 `', } I � cN\ ,t p 1 i + I N WF A-13 \ el N WF A-34 s 1 i o \ sb'' WF A�S4�(�, \ NOTE id ', HF A-337C 1 ++ to - WF A-32�4 • .�� '••, Figure adapted from electronic file, WF A-15 "Wetlands REvised 8-23-06.dwg", 3 N�3 _, �,6\i` `, provided by client on 8-25-06. a A '�'\ ,�P \ B Wetland B XF B-6 il_ t', +F.jo 's wF is \ e /(1,738 Square Feet) Ad'� 01 •t WF A-29e`9 ,� ? \ p9 4,,.e m'y �CWF B-4 N t F �'�, o'Qi \ -��-e�� 3 4th Avenue Associates Renton, Washington A-26 v> y WF A-22 7�WF B-1 e'2 9 ,�D / t I P2'f''' `t, \--X,,"' i �, C ,t,S • v co °' 3 WETLAND DELINEATION MAP m September2006 21-1-12193-001 co SHANNON 8 WILSON,INC. FIG. 4 Geotechnical and Environmental Consultants l ii SHANNON&WILSON,INC. APPENDIX A WETLAND DELINEATION METHODOLOGY 1 I i__ 21-1-12193-001 SHANNON 6WILSON,INC. APPENDIX A WETLAND DELINEATION METHODOLOGY TABLE OF CONTENTS Page A.1 WETLAND VEGETATION A-1 A.2 HYDRIC SOILS A-2 A.3 WETLAND HYDROLOGY A-3 LIST OF TABLES Table No. _ I A-1 Definitions of Plant Indicator Status A-2 A-2 Hydric Soil Indicators A-3 '-r _ '' 21-1-12193-001-RI-AA/wp/LKD 21-1-12193-001 A-i SHANNON EIWILSON,INC. APPENDIX A WETLAND DELINEATION METHODOLOGY The triple-parameter approach, as required in the"Corps of Engineers Wetland Delineation Manual" (March 1987) and the"Washington State Wetlands Identification and Delineation Manual" (March 1997),was used to identify and delineate the wetlands on the site described in = this report. Under this methodology,vegetation, soils, and hydrology are each evaluated to determine the presence or absence of wetlands. Based on the use of this method, an area is considered to be a wetland if each of the following is met: (a) dominant hydrophytic vegetation is present in the area, (b) the soils in the area are hydric, and(c)the necessary hydrologic conditions within the area are met. A determination of wetland presence was made by conducting a Routine Delineation, since the area was less than 5 acres (Ecology, 1997). Corresponding upland and wetland plots were recorded to more accurately determine the boundaries of on-site wetlands. A.1 WETLAND VEGETATION Hydrophytic plants are plant species specially adapted for saturated and/or anaerobic conditions. These species can be found in areas where there is a significant duration and frequency of inundation, which produces permanently or periodically saturated soils. Hydrophytic species, due to morphological,physiological, and reproductive adaptations,have the ability to grow, effectively compete, reproduce, and thrive in anaerobic soil. The U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service(USFWS)have assigned indicator status to many plant species,based on the estimated probability of the species existing under wetland conditions. Plants are categorized as Obligate(OBL), Facultative Wetland(FACW), Facultative 1 ! (FAC), Facultative Upland (FACU), and Upland (UPL). Species with an indicator status of OBL, FACW, or FAC are considered to be adaptive to saturated and/or anaerobic(i.e.,wetland) conditions and are referred to as hydrophytic vegetation(Table A-1). • 11 ' 21-1-12193-001-R1-AA.doc/wp/LKD 21-1-12193-001 A-1 L _ SHANNON 6WILSON.INC. TABLE A-1 DEFINITIONS OF PLANT INDICATOR STATUS Plant Indicator Status Categories' Obligate Wetland Plants(OBL)—Plants that occur in wetlands,under natural conditions,approximately 99 percent of the time. Facultative Wetland Plants(FACW)—Plants that occur in wetlands approximately 67 to 99 percent of the time. Facultative(FAC)—Plants that are as likely to be found in wetlands as in non-wetlands;approximately 34 to 66 percent of the time in either. Facultative Upland Plants(FACU)—Plants that occur in non-wetlands approximately 1 to 33 percent of the time. Obligate Upland Plants(UPL)—Plants that occur in non-wetlands,under natural conditions,approximately 99 percent of the time. No Indicator(NI)—Species that have not been given an indicator status,and assumed to be upland. Source: National List of Plant Species that Occur in Wetlands: Northwest(Region 9). U.S.Fish and Wildlife Service Biological Report 88(26.9). (Revised 1993)89 p. tf ; Trees within a 30-foot radius, shrubs within a 15-foot radius, and herbs within a 5-foot radius of each data point were identified and noted. The approximate percentage of cover for each of the different plant species occurring within the tree, shrub, and herb strata were determined. Dominant plant species are considered to be those that, when cumulatively totaled in descending order of abundance, exceed 50 percent of the aerial cover for each vegetative stratum. Any ll additional species individually representing 20 percent or greater of the total aerial cover for each vegetative strata are also considered dominant. The indicator status of the dominant plant species within each of the vegetative strata is used to determine the presence of hydrophytic vegetation near each data point. A data point considered to have hydrophytic vegetation is greater than 50 percent of the dominant plant species within the area had an indicator statue of OBL, FACW, or FAC. A.2 HYDRIC SOILS Hydric soils are defined as those that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. As a result of anaerobic conditions,hydric soils exhibit characteristics directly observable in the field, including high organic matter content, greenish or bluish gray color(gley formation), accumulation of sulfidic material, spots of orange or yellow color (mottling), and dark soil colors (low chromas), Table A-2. 21-1-12193-001-R1-AA.doc/wp/LKD 21-1-12193-001 A-2 SHANNON FiWILSON.INC. y TABLE A-2 -- HYDRIC SOIL INDICATORS Hydric Indicator ' .. Diagnostic:Criteria Organic Content >50 percent by volume(constitutes organic soil) Sulfidic Material "Rotten egg"odor Matrix Chroma of 2 or less in mottled soils Soil Color Matrix Chroma of 1 or less in unmottled soils Gleyed colors Soil saturated at 0.5, 1.0,or 1.5 feet from the surface(depending on the soil drainage class Water Saturation and permeability)for a significant period during the growing season. - I Hue: Indicates the dominant spectral color(Le.,red,yellow,green,blue,and purple). Soil Color Value: Measure of degree of darkness or lightness of the color. Definitions Chroma: Measure of the purity or strength of the color. Source: Environnicntal Laboratory, 1987,Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1,U.S.Army Waterways Experiment Station,Vicksburg,Mississippi. Throughout a large portion of the area delineated as wetland, identification of hydric soils was aided through observation of surface hydrologic characteristics and indicators of wetland hydrology(e.g., drainage patterns). The extent of hydric soils was defined through direct soil observation within several data points, placed both inside and outside the wetland. Soil observations were completed within soil holes dug with a shovel to a depth of at least 18 inches below the existing ground surface. Soil organic content was estimated visually and texturally. Soil colors were determined through analysis of the hue, value, and chroma best represented in the Munsell Soil Color Chart. A soil chroma of 2 in combination with soil mottling or a soil chroma of 1 without mottling typically indicates a hydric soil if within 10 inches of the surface, or directly below the A horizon. A.3 WETLAND HYDROLOGY Soils were examined for the presence of hydrology. Wetland hydrologic characteristics develop during periods when the soils are inundated permanently or periodically, or when the soil is continuously saturated to the surface for sufficient duration to develop hydric soils and to support vegetation typically adapted for life in periodically anaerobic conditions. Wetland hydrology criteria were considered to be satisfied if it appeared that wetland hydrology was present for at least 5 to 12 percent(12 to 29 days) of the growing season. The gowing season begins when the ' I 21-1-12193-001-R1-AA.doc/wp/LKD 21-1-12193-001 A-3 J SHANNON.FiWILSON.INC. � _ 1 soil reaches a temperature of 41 degrees Fahrenheit in the zone of root penetration. The growing season in western Washington is typically considered to be from March 1 to October 31 (244 days). The Seattle District Corps requires 14 consecutive days of inundation or saturation for a soil to be a hydric soil. The hydrology was evaluated by direct visual observation of surface inundation or soil saturation within 18 inches below the existing ground surface in test plots. According to the 1987 Manual, "for soil saturation to impact vegetation, it must occur within a major portion of the root zone (usually within 12 inches of the surface) of the prevalent vegetation." Therefore, if saturated soils or indicators were observed within 12 inches of the surface,positive indicators of wetland hydrology were noted. The area near each data point was examined for indicators of wetland hydrology.. These indicators include dried watermarks, drift lines, sediment deposits, and drainage patterns. Areas where positive indicators of hydrology were noted were assumed to contain wetland hydrology. { yv_I 21-1-12193-001-RI-AA.doc/wp/LKD 21-1-12193-001 A-4 SHANNON iWILSON,INC. iH Th • Li ) APPENDIX B WETLAND FIELD DATA SHEETS • • • •.• , , •. • -j 21-1-12193-001 • • Data Point: I of f - DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: 1orrw.r Q,I e r-. Sat- LI ZZ-S /02. Ails-4,.,4n-j Date: 7—25—Ojo ' -" ,Applicant/Owner: 4 4m /4Jt Assoc mks L LA_ City: 'Investigator: Z.t.t)t lic Job #: SI- / /2. 1 9 3 County: ,634.1 Have vegetation, soils, or hydrology been disturbed: Yes State: Lea Q Is the area a potential Problem Area: Yes ic!),' (If needed, explain on reverse.) VEGETATION S ominant Plant S ecies Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator -- 1- 11 _ = `F a-4) 1• 2. S 60 NT 2. 3. 3. , 4. 4. __ 5. 5. • 6. 6. 7. 7. 5 1— 8. - 8- - - __ . Percent of Dominant Species that are OBL, . ' FACW or FAC (except FAC-). *-Dominant species. 70 ' 'Cowardin Classification: Remarks: ; ' HYDROLOGY Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _ _Stream, Lake, or Tide Gage . ' _Aerial Photograph _ Inundated , _Other _ Saturated in Upper 12 Inches , _ No Recorded Data Available _ Water Marks _ Water Lines Sediment Deposits Field Observations: _ Drainage PAtterns in Wetlands _ Oxidized Root Channels in Upper -_.__Fi> Depth of Surface Water: (in.) ' 12 Inches Depth to Free Water in Pit: — (in.) 3, Water-Stained Leaves k. ' Depth to Saturated Soil• (in.) — +?:` _ Local Soil Survey Data t . _, Other(Explain in Remarks) IS :r'i Remarks: her..,r,. _ J SQ - , :: .,: :,.:_:; IQ" W' fi� 1'F t r 3,! 1H 1 13�•fe \ .. -., ) - Data Point: I . of SOLIS . . I ,Map Unit Name: , Drainage Class: . I, Field Observations Taxonomy (Subgroup): • -', .: , " ., '., . Confirm Mapped Type?'‘ Yes „No. , .•. --. Profile Description: ' ,,,-:•. -,-,:akti .-• , , .. : . Depth • Matrix Color Mottle Colors Mottle Texture, Concretions,• 1 (inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc. 1 I Z-1(2+ • • . . , :._,. Hydric Soil Indicators: J _ Histosol CIoncretions 1 —Histic Epipedon High Organic.Content in Surface Layer ' 1 — Sulfidic Odor Organic Streaking _ Probable Aquic Moisture Regime Listed on Local Hydric Soils List ,-1 Reducing Conditions Listed on National Hydric Soils List _ _ _ _ Gleyed or Low-Chroma Colors Other (Explain in Remarks) ' Remarks: .- WETLAND D.haERMINATION •----V— . ,.? Hydrophytic Vegetation Present? Yes Hydric Soils Present? Yes '_;$10 Is this Data Point Within a'Wetland? Yes ' , • 1 Wetland Hydrology Present? Yes CO . . • , :'' ,L' ',., Remarks: --', 2-,-- 1. , .. .„ - -,1 •, Je. - . .. • -. -Ip,...-1,4,-;-, -• , z i:', _ ..„ 47 jf,'•,I-- ,lc: t,'",,l',•' I 11-2-93/DATA.FRMfIRH-Ikadgw • . , 1 r ' Data Point: 2, of q DATA FORM . • ROUTINE WETLAND DETERMINATION ;Project/Site: Par e.v- lee Lase.. .Sac. .H ZZS /0 L Lift-444, Date: 7 15 —Q( Applicant/Owner: '1 ' / lit,,, c. assac04es LLC City: ,&,,a024 'Investigator: r.t.c.4 (kc Job #: Z!- I-12 19 3 ,County: State: (, iati— Have vegetation, soils, or hydrology been disturbed: Yes No Is the area a potential Problem Area: Yes No • (If needed, explain on reverse.) . VEGETATION ' Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator I. Pa-eveTcri,7 t11-0.1 ' 0 1 2. y cvl.it.✓ -1- 0ig___ 2. ; 3. { . ''e a _14- 1 b c(4) 3. 4. �— ��_ I if v' 4. S. l,� , 7--- 1 O - ._-. 5. • 5. SPyYt�_ 1aS� 5 1 c� 6. ,7. 7. - 8, 8. Percent of Dominant Species that are OBL, FACW or FAC (except FAC-). *-Dominant species. IOC? /. 'Cowardin Classification: • Remarks: HYDROLOGY . . " Recorded Data(Describe in Remarks): Wetland Hydrology Indicators ... Stream, Lake,or Tide Gage , _Aerial Photograph _ Inundated _Other _ Saturated in Upper 12 Inches _ No Recorded Data Available _ Water MarksI • D( Water Lines ac Sediment Deposits Field Observations: , PC Drainage Patterns in Wetlands - • . ..._ .. —. . Oxidized Root Channels in Upper Depth of Surface Water: (in.) 12 Inches • t' Depth to Free Water in Pit: ,— (in.) _ Water-Stained Leaves Depth to Saturated Soil• (in-) _ Local Soil Survey Data _ Other(Explain in Remarks) Remarks: y`<<'u'' ► 1`;r:,;va'. v�'�C e/1 ,! �/r Y� SjnS ^n- Grce.� r , - Data Point: Z. of _j SOILS Map Unit Name: Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type?; Yes ; .No: , . ., ' Profile Description: a Depth • Matrix Collor Mottle Colors Mottle Texture, Concretions, • Cinches) fMunsell Moist') fMunsell Moist) Abundance/Contrast Rhizospheres. etc. • D - 7 /oLR.?%1 L.La . ' 1`I- 1c+- (D /A i3 Lea44,,.S - • Hydric Soil Indicators: • Histosol Concretions - Histic Epipedon _ .High Organic Content in Surface Layer _ Sulfidic Odor - _ Organic Streaking ' _ Probable Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions Listed on National.Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) • fl Remarks: i' \\\ �" • WETLAND DETERMINNATION - j. Hydrophytic Vegetation Present? anNo Hydric Soils Present? No Is this Data Point Within a Wetland? No Wetland Hydrology Present? - No r! Remarks: __ 8-2-93/DATA.FRMTRH-Ikd/dgw :r ;'�` ;,... 1 Data Point: 3 of q . DATA FORM . i • ROUTINE WETLAND DETERMINATION Project/Site: Pervvv,e R110e.r-... ,/7C- H ZZ-S /OE- ti Yi'l lea", Date: 7-25-06 t , Applicant/Owner: LI*" Aqtrarc,.. assoc oacs L(J- City: AvvizNet Investigator: z.,A)4 ue,r- Job #: 2-1- /-/Z / 9 3 County: tA,t7/11/_ State: Have vegetation, soils, or hydrology been disturbed: Yes No Is the area a potential Problem Area: Yes No _. • (If needed, explain on reverse.) :— • VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicitor 1. 1‘)11 CA-ke-ru Arx g:.I 11 ___1(2___ _____ 1- 2. ,,,,,, 'iLji 1)711.4- _Li_ 1 0 t- 2. i 3. Him- bt lc-67 S <4) - talopi 3. 4. 4. 6. 7. 7. S. 8. , - Percent of Dominant Species that are OBL, FACW or FAC (except FAC-). *-Dominant species. 100\./, ,--- . Cowardin Classification: : .. . . Remarks: 1 . • - ' : . HYDROLOGY . ,__ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gage . Aerial Photograph _ Inundated - _Other Saturated in Upper 12 Inches I ' , _ No Recorded Data Available _ Water Marks —. 04 Water lines . ' • Sediment Deposits_ , - • , Field Observations: • - ' Drainage Patterns in Wetlands _ - - • , • ...._ . Oxidized Root Channels in Upper . , • .. . : ,• Depth of Surface Water: (in.) 12 Inches • Depth to Free Water in Pit: "--- (in.) Water-Stained Leaves _ Depth to Saturated Soil: r•--- (im) Local Soil Survey Data _ Other(Explain in Remarks) r" • 1 - 11''•:•:;!J,,. 1 . Remarks: - L_ ' 7`.:q,•:Z-ii. ,'''8F:i';:,', a .,,r I Data Point: of I SOILS Map Unit Name: Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped Type?. Yes No: Profile Description: ; Depth • Matrix Color Mottle Colors Mottle Texture, Concretions, • (inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizosnheres, etc. b —16 h\P 3/ • I • Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon •High Organic Content in Surface Layer Sulfidic Odor Organic Streaking Probable Aquic Moisture Regime Listed on Local Hydric Soils List _ Reducing Conditions — Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: • WETLAND D TERMINATION . Hydrophytic Vegetation Present? No Hydric Soils Present? e No Is -:) this Data Point Within a Wetland? No . Wetland Hydrology Present?. ) No • ;J. Remarks: • 8-2-93/DATA.FRWrRH-Ikd/dgw fis ; -. ,, Data Point: 1 of 1 DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: Perrw.,r R by r sac_ Lf Zz.S /t)L '1ls-.4dG,, Date: '}- -5-0(o - ' Applicant/Owner: Lit" A-Jc ref. 4ssx,e vks L LC— City: Jei,..,ifiiv1 Investigator: r.t,)t lies Job #: 21-/-*1 Z / 9 3 County: �� t1y2 r State: L.7 ,� ;Have vegetation, soils, or hydrology been disturbed: tr, No • Is the area a potential.Problem Area: ,isf�•;c c� �,,� 0 Y ,�,� -- (If needed, explain on reverse.) • VEGETATION !Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. \J i?. �� S `ta'6!. 16 u p l 1. 3. _A._____ 4 3. 4. a_ _L 15 4. 5. 5. • . 6. 6. '7. 7. - 8. 8. Percent of Dominant Species that are OBL, Z- (� FACW or FAC(except FAC-). *-Dominant species. 1 Cowardin Classification: • Remarks: • HYDROLOGY . }_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators _. J _Stream, Lake, or Tide Gage _Aerial Photograph _ Inundated _Other _ Saturated in Upper 12 Inches _ No Recorded Data Available _ Water Marks Water Lines - • _ Sediment Deposits Field Observations: • _ Drainage Patterns in Wetlands • I _ Oxidized Root Channels in Upper - ` .,.._:3i Depth of Surface Water: (in) 12 Inches Depth to Free Water in Pit: Om) _ Water-Stained Leaves Depth to Saturated Soil: — (in.) _ Local Soil Survey Data _ Other(Explain in Remarks) ' " Remarks: lc ,' '-' • Data Point: y of_ SOIIS Map Unit Name: Drainage Class: Field Observations Taxonomy (Subgroup): Confirm Mapped"Type? Yes .No: r Profile Description: ; Depth • Matrix Color Mottle Colors Mottle Texture, Concretions, • • finches) fMunsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc. ' ((-0 /07R7/L 5 sc.- ' t 3 5 l g (0,I(' /z y s I • Iiydric Soil Indicators: Histosol • _ Concretions — Histic Epipedon _ .High Organic Content in Surface Layer _ Sulfidic Odor _ Organic Streaking _ Probable Aquic Moisture Regime Listed on Local Hydric Soils List — Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) ' i Remarks: WETLAND DETERMINATION . Hydrophytic Vegetation Present? Yes Hydric Soils Present? Yes Is this Data Point Within a Wetland? Yes el .. , . ..:,.-:,... ,, -'':f Wetland Hydrology Present? Yes No 1 Remarks: 't i•• I c.•,.F{: - • t, . _ •fir', 1! r 8 2-93/DATA.FRMfrRH-lkd/dgw "" _.. ....._ I 1 I--- r , Data Point: 5 of q 1 • DATA FORM - .. ROUTINE WETLAND DETERMINATION , Project/Site: Poryvv., kiipe"..-... Sac- 1 i ZZ-S A)E. gig"'444.2 Date: 7—Z5 •-•(%1 .Applicant/Owner: Wm Ave....H... a ssoc oevies LLC- City: Investigator: r.,A) H&c.., Job #: 2,1- I-I 7 f__9_. County: ,-- State: ---(1-.4).0.11--- • Have vegetation, soils, or hydrology been disturbed: Yes No Is the area a potential Problem Area: Yes No - , (If needed, explain on reverse.) . • - VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator _- 11. eel (. ---,---. 1q9 • ti.:LJ 1. ( 7,2. /0 2. . 3. 3. [4. 4. '5- 6. 6. • ,_ • , . 7. - ,8. 8. 1. - Percent of Dominant Species that are OBL, FACW or FAC(except FAC-). *-Dominant species. /0 O _ • Cowardin Classification: . Remarks: • HYDROLOGY . Recorded Data (Describe in Remarks): Wetland Hydrology Indicators — _Stream, Lake, or Tide Gage • Aerial Photograph _ _ Inundated - _Other Saturated in Upper 12 Inches _ No Recorded Data Available _ _ Water Marks , --- _ Water lines Sediment Deposits _ Field Observations: • Drainage Patterns in Wetlands _ •.: • ___ Oxidized Root Channels in Upper , - .- '.,,•.' ,;1 ,...- Depth of Surface Water: (n) - 12 Inches • : - ' ____ Depth to Free Water in Pit: (in.) Water-Stained Leaves _ Depth to Saturated Soil: — ('n-) Local Soil Survey Data _ . Other(Explain in Remarks) ..........., V‘ - • , Remarlr.s; g--y-p_....,_ ' 1_.../k -1--/„._, s-.1 A.,,' •-'.-• -`-_,"„'''•• - ; - .. . - , ,...__ _ „_.....': `,.•-,'' 1_,,,._7,„ --,i•.' 4 f:•'Pr..!'• ,1 4 N.-41,:.••K/4.4‘•41::', •0 n.',.(..,, ,-;,•z,:" . . l , Data Point: of , , _ ____ SOILS . i Map Unit Name: Drainage Class: i Field Observations ,. Taxonomy (Subgroup): • , . , Confirm Mapped Type?. . Yes.....No , . , - • , , 11 - ', .A ' ''' • • 1 1,,, , • i Profile Description: Depth . Matrix Color Mottle Colors Mottle Texture, Concretions, .., Cinches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizosoheres. etc. D__, 21 it9 1 g-z-ji , , . , .. , , . - I , . _ Hydric Soil Indicators: 1 _ Histosol Concretions •Histic Epipedon High Organic Content in Surface Layer _ . , _ Sulfidic Odor _____ Organic Streaking — Probable Aquic Moisture Regime — Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List - _ _ Gleyed or Low- ____Chroma Colors Other (Explain in Remarks) Remarks: • • , .. WETLAND DEEERIVILNATION -, , .. , - i . •: -,':' Hydrophytic Vegetation Present? 631 No Hydric Soils Present? Yes * Is this Data Point Within a Wetland? Yes No . , ,-• ,• ,,,, Wetland Hydrology Present? - Yes, 40 • , Remarks: 1 • 1 ,, ci, ... -•;,..4-.1,-. -1•Ti.4q,,,,„`1-...;!,-p,.. - •,,, t.,-1 '::'•• ' - 'i ',,•,....,:...:(:•• - hJ" 11-2-93/DATA.FRMaRH-11cd/dgw •-_- '' i 4L,.,,,;,,, Data Point: to of a ' DATA FORM ROUTINE WETLAND DETERMINATION j Project/Site: Pnrnv r Q;lows Sr7c_ LiI ZZS /( 411'4442 Date: 7 Z.5 —OJ2 !Applicant/Owner: LI"1 Alit-&c.. assoc levies LLC_ City: Jeg,ti,/v,,, Investigator: .K.t.L9t I-h f Job #: Zf- /-PI 2. / 9 3 County: - State: L„ .Have vegetation, soils, or hydrology been disturbed: Yes No Is the area a potential Problem Area: Yes No . j (If needed, explain on reverse.) I VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 11. Petpl C /jra�S L. . -_ tO0 ui.J 1. ;2. (�...�cJ d .3('t-c_ �— Z[-) 2. 3. frN i n\a:-P-Y, CI L, . ______ V l 11 ) 3. 4. 4. • 5. 5. • . 7. 7. - 8. 8. Percent of Dominant Species that are OBL, - FACW or FAC (except FAC-). *-Dominant species. r p , , • Cowardin Classification: Remarks: HYDROLOGY Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _Stream, Lake, or Tide Gage _ • Aerial Photograph — Inundated _Other Saturated in Upper 12 Inches , No Recorded Data Available _ Water Marks. Water lines , • Sediment Deposits C , Field Observations: — Drainage Patterns in Wetlands . L__' Depth of Surface Water: (n.) — Oxidized Root Channels in Upper 12 Inches - Depth to Free Water in Pit: (in.) Water-Stained Leaves Depth to Saturated Soil: -- (in.) _ _ Local Soil Survey Data Other(Explain in Remarks) • Remarks: c (_„_ /r° 1, n♦ s r '':' !A%, I_._J _JA"IT\C.a.-v� ivipv`Gj �, i/j �W" I "�. ' :Ij : / ....:"r:.za ,'' �c:.;)' ;;�:: ° 4 A <y;YJ� Data Point: 6 of SOILS Map Unit Name: Drainage Class: Field Observations Taxonomy.(Subgroup): • , Confirm Mapped Type,'; Yes .No, Profile Description: Depth ' Matrix Color Mottle Colors Mottle Texture, Concretions, finches) fMunsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc. -14frto�� � IIL) s., (' perd gyi I _ � Hydric Soil Indicators: Histosol Concretions — Histic Epipedon — •High Organic Content in Surface Layer — Sulfidic Odor — Organic Streaking Probable Aquic Moisture Regime — Listed on Local Hydric Soils List — Reducing Conditions Listed on National Hydric Soils List — Gleyed or Low-Chroma Colors — Other (Explain in Remarks) • Remarks: • J • • WETLAND DETERMINATION • Hydrophytic Vegetation Present? �es No ? Y Hydric Sods Present? fe: G• Is this Data Point Within a Wetland? Yes 45 Wetland Hydrology Present? Yes • Remarks: 11-2-93/DATA.FRMITRH-Ikd/dgw .'... , . Data Point: 7- of ci . . . DATA FORM • • - _ ROUTINE WETLAND DETERMINATION Project/Site: Porekv,r keloe,--,.. Sc Li Z-Z-S /1)E, Li/1'4447 Date: 1.-ZS -0(2 Applicant/Owner: -I " Alit/nit. aSSOG oacs Lit-- City: 414/4,1 Investigator: K.I.J4 Nei- Job #: 2-f- /-1 Z / 9 S County: State: 14,---4/01.11— Have vegetation, soils, or hydrology been disturbed: Yes No Is the area a potential Problem Area: Yes No -- (If needed, explain on reverse.) • -- VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. ‘,.,.1 c_41.—ar,\ rç _6_____ Mg 1. 2. Fc....c2-A-e_ LrAilet,1 a 2-C> 2. 3. 3. 4. 4. 5. 5. • ' 6. 6. _., . 7. 7. 8. 8. i Percent of Dominant Species that are OBL, ' FACW or PAC (except FAC-). *-Dominant species. /OD X, Cowardin Classification: Remarks: , r - . • ' '•-- HYDROLOGY . , Recorded Data (Describe in Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gage . . _Aerial Photograph Inundated - . _Other . Saturated in Upper 12 Inches - No Recorded Data Available Water Marks _ O.\ Water Lines Sediment Deposits Field Observations: • te Drainage Patterns in Wetlands • Oxidized Root Channels in Upper" • ;, ...,' Depth of Surface Water: ' (n.) 12 Inches • , ; - Depth to Free Water in Pit: (in.) Water-Stained Leaves Depth to Saturated Soil: — (in.) Local Soil Survey Data Other(Explain in Remarks) '• " Remarks: pd- l'. t.J*1.1. 5 461- , of- __(94M90D .tks -4/51?-ce. ;.,- i_eJe..:,-;,( '' .''.•.'''' ..,r'-';• _\.:•,: • S'1,1",. M a I `Ml' ;art: • Data Point: 7 of SOILS Map Unit Name: Drainage Class: Field Observations Taxonomy,(Subgroup): • Confirm Mapped Type?: Yes Profile Description: • • 1 :3 Depth • Matrix Color Mottle Colors Mottle Texture, Concretions, • (inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc. O lc + l611R3/1 6-5c� • - Hydric Soil Indicators: Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer Sulfidic Odor _ Organic Streaking Probable Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors — Other (Explain in Remarks) 1 • Remarks: �-e-r v-a�h �� �/1 �� 14- r^''• • WETLAND DETERMINATION Hydrophytic Vegetation Present? CES ► No Hydric Soils Present? • No Is this Data Point Within a Wetland? No "a" Wetland Hydrology Present? es No l j "'. ;,::` Remarks: • e • 8-2-93/DATA.FRM!TRH-Ikd/dgw 1y , . . ., 1 Data Point: 3 of DATA FORM , . ROUTINE WETLAND DETERMINATION . - Project/Site: P er-Awr RAPP..e--i.. Sc.. qZZ-S ioe... gig-4,,e,,,, Date: 7-2 6-0(2 ., Applicant/Owner: 4 ' Alteinre- assoc ovics LL.C- City: Jr, etr:24. 'Investigator: r.IAJ4 Ile-r Job #: 2-1- /-I Z. / 9 3 County: 11 State: L 'Have vegetation, soils, or hydrology been disturbed: Yes Cg) Is the area a potential Problem Area: , e,) No , /las/944:41 oti'S ?kJ 11 (If needed; explain on reverse.) il ,57"4-441- • Pr-t5Y” A/ c f C- - "/ . .• • VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. e1t>105 'ilvolololitO 1-- D 40 -Pa.c..+ ? 1. 2. 1)1,els 6(rye-INS cite liAlm .5 Dqp fa_e_+ 2. , 3. , / S _SZL Lahle) 3. 4. S 6 0312 S,a ._ 4. r' p'. s c.A -1— 1 5 _ 44A-co 5. • • •.... 6 • '1 . 6. • 17. 7. - !8. 8. Percent of Dominant Species that are OBL, 6 FACW or FAC (except FAC-). *-Dominant species. /, • Cowardin Classification: Remarks: ' - --"E HYDROLOGY 7— Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _Stream, Lake, or Tide Gage , —Aerial Photograph • , . Inundated —Other Saturated in Upper 12 Inches _ No Recorded Data Available V. Water Marks Water Lines Sediment Deposits' ' • Field Observations : • Drainage Patterns in Wetlands, I . 1 ....— Oxidized Root Channels in Upper Depth of Surface Water: (in.) 12 Inches • ,:- fi'' r- Depth to Free Water in Pit: — (in.) , K Water-Stained Leaves 1 I • Depth to Saturated Soil: ,•-•- (in.) Local Soil Survey Data ,.. .: ,;•-,. Other(Explain in Remarks) s., •-,, +a r 1 " Remaks: 17fe•-a-r. i"-?4r(._ g-t..6944 S tkihtl leaCiejs'F.. .;;;;,::-:::.,-,.1:,,,,S.,- .--,';----- -- .. , •.,'.'"e'•4-,.' I — 1 a, a I • Data Point: 6 of • SOILS . Map Unit Name: Drainage Class: • Field Observations Taxonoiny (Subgroup): Conium Mapped Type?• • Yes . No Profile Description: • • - • Depth • Matrix Color Mottle Colors Mottle Texture, Concretions, • (inches' Moist) (Munsell Moist) Abundance/Contrast ce/Contrast Rhizospheres, etc. • (0 1 211 La Bib+ 1.5 Z15/7. S. Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer Sulfidic Odor Organic Streaking Probable Aquic Moisture Regime • Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) • 1 • Remarks: • _ • • , • WETLAND DETERMINATION Hydrophytic Vegetation Present? er, No Hydric Soils Present? • tri No Is this Data Point Within a Wetland? lor No Wetland Hydrology Present? 46) No • • Remarks: . •. , 1 • 1-zi • 8-2-93/DATA.FRIVI/TRH-lkdidgw . , ,---- _..., Data Point: q of , . , , , DATA FORM • ,-- ROUTINE WETLAND DETERMINATION , ,... , Project/Site: . Po r Awe kilve --... Sac- Li ZZ-S /0 E. Li ls-44, Date: 7-2-b -06 ., Applicant/Owner: 14+" Alit-rift- assoc ovics LL(_- City: Eg.446v.t Investigator: R .t,4)4 He,. Job #: 21- 1-1219 .3 County: 44•Li .... I State: Have vegetation, soils, or hydrology been disturbed: Yes No Is the area a potential Problem Area: Yes No . . (If needed, explain on reverse.) , . - • VEGETATION • , - • i Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. _ehr-os -c _____ D (0 ) ' ..___ - 1-- ' 2. PI'14avfo s Co p/.141,i ..5 D 2-0 4- 2. ; 3. 1,-1 5''. -ro.c-f-- 3. 4. S al.29,-<zitt.J T IC 4. 5. Ka-je c4.14„ow)) = ID2-_C.2 f tte,..• 5. . • 6. 6. [ 7- 7. - - 8. 8. . Percent of Dominant Species that are OBL, S , FACW or FAC (except FAC-). *-Dominant species. 10o , • • Cowardin. Classification: • . Remarks: - . ------ HYDROLOGY . , r--- I Recorded Data(Describe in Remarks): Wetland Hydrology Indicators L - _Stream, Lake, or Tide Gage _ - _ __ _-----__ ____Aerial Photograph Inundated ------- ,•_ ,---, ____Other • Saturated in Upper12-Iffehes- . 1-- ( i Water Marks No Recorded Data Available _ Water Lines _ • Sediment Deposits Field Observations: • ' Drainage Patterns in Wetlands . ,1 .• It•• , ,-• ., ': - ....- • .. - Oxidized Root Channels in Upper - , : ..„,_...4- -‘:•-•,... Depth of Surface Water: (in.) 12 Inches • ' - , 1 Depth to Free Water in Pit: --- (n-) 'k Water-Stained Leaves „ .. ' . Depth to Saturated Soil: — , (in) Local Soil Survey Data Other(Explain in Remarks) — -. --y, , . , r 4.' ,, ' ' ' ,. - r- - " '' •...: '.. • , • ".!,.2,;;,;i''‘,, ' ' •'2,''',:.`-'32,' , •fi' '' , • ' ,`•",-,:„ - - :t,','',1•'''f'-iVtr.:•-, '"'ir"..'2\ t i Data Point: of SOILS • __ 1 Map Unit Name: Drainage Class: 4 w' Field Observations Taxonomy. (Subgroup): • j Confirm Mapped Type?; Yes .No. I, Profile Description: Depth • Matrix Color Mottle Colors Mottle Texture, Concretions, -- (inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres. etc. 6 - 7,57,E 2.54 L • Hydric Soil Indicators: _ Histosol Concretions Histic Epipedon _ •High Organic Content in Surface Layer ;-i Sulfidic Odor _,Organic Streaking Probable Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: • • • WETLAND DETERMINATION Hydrophytic Vegetation Present? Y No Present.i H drc Soils Yes No Is ..` Y � this Data Point Within a Wetland? N Y� No j ,:iM--` Wetland Hydrology Present? Y No • Remarks: • • 8 2-93/DATA.FRMRRH-Ikd/dgw :......_•.._ t`F• { ---. SHANNON&WILSON.INC. • • ' I APPENDIX C IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT • 21-1-12193-001 -I I I SHANNON &WILSON, INC. Attachment to and part of Report 21-1-12193-001 Geotechnical and Environmental Consultants m.111( Date: September 7,2006 To: Mr.Tom Foster 'Fourth Avenue Associates,LLC ` I \ IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT A WETLAND/STREAM REPORT IS BASED ON PROJECT-SPECIFIC FACTORS. - Wetland delineation/mitigation and stream classification reports are based on a unique set of project-specific factors. These typically include the general nature of the project and property involved,its size,and its configuration;historical use and practice;the location of the — project on the site and its orientation; and the level of additional risk the client assumed by virtue of limitations imposed upon the exploratory program. The jurisdiction of any particular wetland/stream is determined by the regulatory authority(s).issuing the permit(s).As a result, one or more agencies will have jurisdiction over a particular wetland or stream with sometimes confusing regulations. It is necessary to involve a consultant who understands which agency(s)has jurisdiction over a particular wetland/stream and what the agency(s) permitting requirements are for that wetland/stream. To help reduce or avoid potential costly problems,have the consultant determine how - any factors or regulations(which can change subsequent to the report)may affect the recommendations. Unless your consultant indicates otherwise,your report should not be used: ► If the size or configuration of the proposed project is altered. ► If the location or orientation of the proposed project is modified. ► If there is a change of ownership. ► For application to an adjacent site. ► For construction at an adjacent site or on site. ► Following floods,earthquakes,or other acts of nature. Wetland/stream consultants cannot accept responsibility for problems that may develop if they are not consulted after factors considered in their reports have changed. Therefore,it is incumbent upon you to notify your consultant of any factors that may have changed prior to submission of our fmal report. Wetland boundaries identified and stream classifications made by Shannon&Wilson are considered preliminary until validated by the U.S. Army Corps of Engineers(Corps)and/or the local jurisdictional agency. Validation by the regulating agency(s)provides a certification, , usually written,that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified date,or until the regulations are modified,and that the stream has been properly classified. Only the regulating agency(s)can provide this certification. - MOST WETLAND/STREAM "FINDINGS"ARE PROFESSIONAL ESTIMATES. Site exploration identifies wetland/stream conditions at only those points where samples are taken and when they are taken,but the physical means of obtaining data preclude'the determination of precise conditions. Consequently, the information obtained is intended to be sufficiently accurate for design,but is subject to interpretation. Additionally,data derived through sampling and subsequent laboratory testing are extrapolated by the consultant who then renders an opinion about overall conditions,the likely reaction to proposed construction activity,and/or appropriate design. Even under optimal circumstances,actual conditions may differ from those thought to exist because no - consultant,no matter how qualified,and no exploration program,no matter how comprehensive,can reveal what is hidden by earth,rock, and;time. Nothing can be done to prevent the unanticipated,but steps can be taken to help reduce their impacts. For this reason,most experienced owners retain their consultants through the construction or wetland mitigation/stream classification stage to identify variances, to conduct additional evaluations that may be needed,and to recommend solutions to problems encountered on site. Page 1 of 2 1/2006 - WETLAND/STREAM CONDITIONS CAN CHANGE. Since natural systems are dynamic systems affected by both natural processes and human activities,changes in wetland boundaries and I stream conditions may be expected. Therefore,'delineated wetland boundaries and stream classifications cannot remain valid for an indefinite period of time. The Corps typically recognizes the validity of wetland delineations for a period of five years after completion. Some city and county agencies recognize the validity of wetland delineations for a period of two years. If a period of years have passed since the wetland/stream report was completed,the owner is advised to have the consultant reexamine the wetland/stream to determine if the classification is still accurate. Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or water fluctuations may also affect conditions and,thus,the continuing adequacy of the wetland/stream report. The consultant should be kept apprised of any such events and should be consulted to determine if additional evaluation is necessary. THE 1WETLAND/STREAM REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when plans are developed based on misinterpretation of a wetland/stream report. To help avoid these problems, the consultant should be retained to work with other appropriate professionals to explain relevant wetland,stream,geological,and other findings,and to review the adequacy of plans and specifications relative to these issues. DATA FORMS SHOULD NOT BE SEPARATED FROM THE••REPORT. Final data forms are developed by the consultant based on interpretation of field sheets (assembled by site personnel) and laboratory evaluation of field samples. Only final data forms customarily are included in a report. These data forms should not, under any circumstances,be drawn for inclusion in other drawings because drafters may commit errors or omissions in the transfer process. Although photographic reproduction eliminates this,problem,it does nothing to reduce the possibility of misinterpreting the forms. When this occurs, - delays,disputes,and unanticipated costs are frequently the result. i - To reduce the likelihood of data form misinterpretation,contractors,engineers,and planners should be given ready access to the complete report. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of information always insulates them from attendant liability. Providing the best available information to contractors,engineers, and planners helps prevent costly problems and the adversarial attitudes that aggravate them to a disproportionate scale. READ RESPONSIBILITY CLAUSES CLOSELY. Because a wetland delineation/stream classification is based extensively on judgment and opinion,it is far less exact than other design disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in written transmittals. These are not exculpatory clauses designed to foist the consultant's liabilities onto someone else;rather,they are definitive clauses that identify where the consultant's responsibilities begin and ,--, end. Their use helps all parties involved recognize their individual responsibilities and take appropriate'action. Some of these definitive clauses are likely to appear in your report,and you are encouraged to read them closely. Your consultant will be pleased to give full and - frank answers to your questions. ' THERE MAY BE OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consultant will be pleased to discuss other techniques or designs that can be employed to mitigate the risk of delays and to provide a variety of alternatives that may be beneficial to.your project. Contact your consultant for further information. Page 2 of 2 1/2006 SEE DRAWING(S) IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this.day of .i i tL,20 v./ INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss .?`\\ ING � `i I`lltl Jy�I BIB Onn this `tF^ i day of-Mun ,p ,20 67,before me personally appeared �4s ma `'t0N� ° ����//// C• TI10YY1�`S rc (-er to me known to ter, 01-1,/tio �ip be of the corporation that co g : executed the within instrument,and acknowledge the said instrument to be the free o and voluntary act and deed of said corporation,for the uses and purposes therein �` �r� ___LT mentioned,and each on oath stated that he/she was authorized to execute said ! u• t l t 'O— instrument and that the seal affixed is the corporate seal of said corporation. /'llQ%`WASN; Notary Public in an for the S of WashinztAm Notary (Print) ttnAbver- L t�t� to rvt (i' My appoin ent expires: 07.�Q ID Dated: 111101 aooq- coo 1 O:\Forms\PBPW\BILLSALE2.DOC\bh Page 2 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20090126000445 CITY OF RENTON BS 43.00 PAGE001 OF 002 01/25/2009 09:55 KING COUNTY, WA BILL OF SALE Proj Name: t berms-- ,aJ , PProperty Tax Parcel Number: S f ga/ -7Do.zo 03 Project File #L,(.(1.4-OZ.—�z Street Intersection:A/E it'd Fan, et Address: cf z.Z5" /►/E 5/ Reference Num ber(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): . Grantee(s): 1.'�an�ley `V /4t/e��e Ase c&4 s LLC- 1. City of Renton, a Municipal Corporation 2. The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants.bargains,sells and delivers to the Grantee,as named above,the following described personal property: WATER SYSTEM: Length Size s$'© L.F.of 8' " p.2_ Water Main 4-3� �/ L.F. of Water Main IN L.F. of Water Main each of e'' " Gate Valves each of Gate Valves ,_ each of Fire hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type L.F. of Sewer Main L.F. of Sewer Main L.F.of Sewer Main each of ' Diameter Manholes each of Diameter Manholes each of ' Lift Stations STORM DRAINAGE SYSTEM: Length Size Iyys S 70 L.F.of /Z Q &p Storm Main D A 31 I I L.F. of Storm Main I,.F.of Storm Main each of Storm Inlet/Outlet 9r each of / Storm Catch Basin 7' each of 51 Z, Manhole STREET IMPROVMENTS: (Including Curb,Gutter, Sidewalk,Asphalt Pavement) Curb,Gutter, Sidewalk S 2 L.F. Asphalt Pavement: g 8- 3 SY or L. F. of Width STREET LIGHTING: #of Poles By this conveyance.Grantor will warrant and defend the sale hereby made unto the Grantee against all and ever} person or persons, whomsoever,lawfull) claiming or to claim the same. This conveyance shall hind the heirs,executors.administrators and assigns forever. O:\Forms\PBPW\BILLSALE2.DOC\bh Page t EXCISE TAX NOT REQUTRED King Co Re,.rrjc eputy IIP SHANNON iWILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Former Ribera Balko Short-plat Property Wetland and Stream Buffer Mitigation Second Quarterly Performance Monitoring Report Renton, Washington September 22, 2009 LIA,402 SHANNON FiWILSON,INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Excellence. Innovation. Service. Value. Since 1954. Submitted To: Mr.Tom Foster Fourth Avenue Associates, LLC 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 By: Shannon &Wilson, Inc. 400 N 34th Street, Suite 100 Seattle, Washington 98103 21-1-12193-005 - SHANNON&WILSON,INC. TABLE OF CONTENTS Page I 1.0 INTRODUCTION AND SITE DESCRIPTION 1 2.0 PERFORMANCE STANDARDS 2 3.0 MONITORING SCHEDULE 2 I • I 4.0 METHODS 3 5.0 RESULTS 4 5.1 Noxious and Nuisance Weeds 4 5.2 Plant Survival and Cover 5 5.3 Maintenance 6 ' 5.4 Wildlife Observations 7 6.0 CONCLUSIONS 7 • 7.0 CLOSURE 7 8.0 REFERENCES 9 i TABLES 1 Second Quarterly Monitoring Noxious and Nuiiance Weeds 4 2 Second Quarterly Monitoring Transect Sampling Results 5 FIGURES 1 Site Vicinity Map 2 Second Quarterly Monitoring Map 3 Second Quarterly Monitoring Photopoints APPENDICES A Performance Monitoring Data Sheets B Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Report 21-1-12193-005-R2.docx/lkd 21-1-12193-005 SHANNON&WILSON,INC. • FORMER RIBERA BALKO SHORT-PLAT PROPERTY WETLAND AND STREAM BUFFER MITIGATION SECOND QUARTERLY PERFORMANCE MONITORING REPORT RENTON,WASHINGTON 1.0 INTRODUCTION AND SITE DESCRIPTION This report presents the findings of Shannon &Wilson, Inc.'s (Shannon &Wilson's) second quarterly performance monitoring of the wetland and stream buffer mitigation on the former Ribera Balko short-plat property. The purpose of the performance monitoring is to assess the buffer mitigation to provide a basis for determining whether the goals of the mitigation plan are being met and, if necessary, to identify adaptive or remedial actions to ensure that the goals of the mitigation are achieved. The former Ribera Balko short-plat property, hereafter referred to as "the property," is currently an undeveloped, "L"-shaped parcel (King County Parcel No. 5182100020)bounded by NE 4th Street to the north and by residential and commercial-use properties on the east, west, and south in Renton, Washington (Figure 1). The property is approximately 5.98 acres and located within the NW l/a of Section 15,Township 23 North, Range 5 East. Maplewood Creek enters the site through a culvert at the western border of the property and exits the property through the middle of the southern border(Figure 2). In 2006, Shannon&Wilson delineated two wetlands on the property. One wetland straddles a portion of Maplewood Creek along the western portion of the property. A second, isolated wetland was delineated along the southern portion of the property, east of the point at which Maplewood Creek exits the site. Mitigation was approved by the City of Renton(the City)to compensate for approximately 5,912 square feet(sf) of unavoidable impacts to the wetland/stream buffer as a result of a proposed commercial/residential development. The approved Final Wetland and Stream Buffer Mitigation Plan prepared by Shannon &Wilson, dated March 27, 2007 (Shannon&Wilson, 2007), was designed to establish a native plant community typical of the surrounding undisturbed buffer through buffer restoration (5,912 sf),buffer replacement(5,912 sf), and buffer enhancement (16,012 sf). - 21-1-12193-005-R2.docx4p/]kd 21-1-12193-005 1 SHANNON fiWILSON,INC. 2.0 PERFORMANCE STANDARDS The final performance standards for year one(quarterly monitoring), as approved by the City, are summarized below (Otak, 2008 and Shannon &Wilson, 2008): ■ A minimum of 85 percent survival of installed woody vegetation during any quarterly monitoring event, or no more than 20 percent plant mortality of installed woody vegetation for the first year within the entire buffer area. • No more than 10 percent aerial cover of Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), English ivy(Hedera helix), and species listed by King County as Non-designated Noxious Weeds and Weeds of Concern throughout the entire buffer area. ■ At the end of the first year, a wetland biologist will determine the extent of plant mortality that took place during that year by making a comprehensive plant count of the entire buffer area. All plant mortalities must be replaced during the fall or winter following the first year after plant installation. • If plant mortality is greater than 15 percent following the comprehensive plant count, appropriate corrective measures will be taken to reduce the potential for further die-back. Note that `percent of plant survival" is intended to reflect the percentage of living tree and shrub species initially installed and any subsequent plant replacements within the representative sampling transects (not including recruited species) relative to the number of tree and shrub species recorded during the baseline monitoring event. At the request of the City, a stormwater pond landscaping plan was prepared and submitted in the Final Wetland and Stream Buffer Mitigation Plan. However, the stormwater pond landscaping is not subject to the performance standards or performance monitoring requirements ' within the buffer mitigation plan. 3.0 MONITORING SCHEDULE The City requires performance monitoring of the buffer mitigation site for a period of five years. The monitoring program consists of a baseline report followed by quarterly monitoring events and reports during the first year and then annually thereafter. After each monitoring event, a performance monitoring report will be prepared to document the degree of success or failure in the buffer mitigation site and to identify adaptive, remedial actions to ensure that the goals of the buffer mitigation plan are achieved. 21-1-12193-005-R2.docx/wp/lkd 21-1-12193-005 2 SHANNON 6WILSON,INC. The schedule for performance monitoringin events is provided below. Due to a delay final approval of the mitigation installation,this monitoring schedule was adjusted from the schedule proposed in our Baseline Performance Monitoring Report. ■ Baseline—(completed July 16, 2008) • Year One, First Quarter—April 2009 (completed May 4, 2009) • Year One, Second Quarter—July 2009 (completed August 26, 2009) • Year One, Third Quarter—October 2009 • Year One, fourth Quarter—December 2009 • Year Two—Fall 2010 • Year Three—Fall 2011 • Year Four—Fall 2012 • Year Five—Fall 2013 4.0 METHODS The second quarterly monitoring was conducted on August 26, 2009, to record conditions of the mitigation area. Vegetative monitoring was conducted using seven belt transect sampling plots (Figure 2). Plant survival and condition (e.g., vigorous, living, stressed, dead) of installed woody vegetation,percent aerial cover of installed and desirable native recruited woody vegetation, and percent aerial cover of noxious and nuisance weeds were recorded. Maintenance concerns and other conditions that may be detrimental to the success of the mitigation and direct or indirect wildlife observations were recorded for the buffer mitigation site. Photographs were taken at the four photopoint locations established during the baseline performance monitoring(Figure 3). Appendix A contains performance monitoring field data sheets. The seven belt transect sampling plots were established during our baseline monitoring and are marked with green metal fence stakes. A tape rule was spanned across the top of the metal stakes, forming one axis of the transect(y-axis). A 5-foot-long measuring stick, marked with tenths of a foot,was held perpendicular to the tape rule to form the second axis (x-axis). Sampling was,conducted by walking parallel to the tape rule and holding the measuring stick level with one end flush with the tape rule. When woody vegetation was encountered, the width ' of the plant along the x-axis and y-axis was recorded. Percent aerial cover of installed and desirable native recruited woody vegetation was calculated by multiplying the width of the plant along the x-axis by the length of the plant along the y-axis. Percent survival was calculated by comparing the number of surviving installed plants observed during the second quarterly monitoring to the number of installed plants observed during the 21-1-12193-005-R2.docx/wp/lkd 21 1-12193 00$ 3 f SHANNON iWILSON,INC. baseline monitoring. Only the following plants specified within the approved planting plan were used to determine plant survival: Indian plum (Oemleria cerasiformis), Lewis' mock orange (Philadelphus lewisii), Tall Oregongrape(Mahonia aquifolium),Nootka rose(Rosa nutkana), and Douglas fir(Pseudotsuga menziesii). Where tree canopy was encountered, significant vertices within the transect were recorded to define the area of canopy cover for vegetation. Percent aerial cover of herbaceous species was visually estimated over the total plot area to determine the abundance of noxious and nuisance weeds. 5.0 RESULTS 5.1 Noxious and Nuisance Weeds During our first quarterly monitoring visit conducted earlier this summer, abundant weeds were observed onsite. Weeds observed during the previous monitoring included species listed by King County as Non-designated Noxious Weeds or Weeds of Concern, such as Himalayan blackberry(Rubus armeniacus), reed canarygrass (Phalaris arundinacea), Scot's broom (Cytisus scoparius), Canada thistle (Cirsium arvense), and creeping buttercup (Ranunculus repens). • The applicant explained to us during our monitoring visit that intensive weed control efforts have been conducted this summer to remove weeds. During our second quarterly monitoring visit, very little weed cover was observed throughout most of the site. Based on our sampling transects, the estimated weed cover onsite is below one percent(Table 1). TABLE 1 SECOND QUARTERLY MONITORING NOXIOUS AND NUSIANCE WEEDS Transect;. ` Tran ect' Percent`°' ` Transect:'::; --Dimensions-(lxiv}; 1 25 x 10 250 —2 2 25 x 10 250 —2 3 25 x 10 250 —2 4 50x5 250 —0.5 L_ I 5 100 x 5 500 —0.5 6 25 x 10 250 0 7 25 x 10 250 0 TOTAL >1 We observed two areas in the northwestern portion of the site where maintenance work had not been completed at the time of our monitoring visit and weeds were abundant. One of these areas is located north of the Maplewood Creek culvert and approximately 25 feet south of Transect 7. 21-1-12193-005-R2.docx/wp/Ikd 21-1-12193-005 4 SHANNON&WILSON,INC. The other area is located on the eastern facing slope above the tributary to Maplewood Creek and east of Transect 7. These areas were dominated by Scot's broom (Cytisus scoparius) and Himalayan blackberry(Rubus armeniacus). Based on our conversation with the applicant, Mr. Tom Foster, on September 9, 2009,maintenance work conducted after our monitoring visit has removed weeds in these two areas. 5.2 Plant Survival and Cover During our second quarterly monitoring, we observed that many of the installed plants were in good condition and/or thriving, with mock orange (Philadelphus lewisii) showing the most noticeable growth. However,plant mortality estimated during the second quarterly monitoring has increased since the first quarterly monitoring. Based on our sampling transects, we estimate that the second quarter mortality rate is 27 percent(Table 2). Mortalities were highest in the , southern portion of the site, particularly among the Indian plum (Oemleria cerasiformis) and the Douglas fir(Pseudotsuga menziesii). The increase in the mortality rate may be due to the hot temperatures and dry weather that occurred this summer, despite plants being watered as required. Additionally, some the smaller plants may have inadvertently been removed during the extensive hand weeding that occurred prior to this monitoring visit as several of the smaller plants within the sampling transects were absent. TABLE 2 SECOND QUARTERLY MONITORING TRANSECT SAMPLING RESULTS Transect Transect ' Baseline~': Number of,F"' " :Percent.: Dimensions A rea':: : dumber of:: Surviving Percent''' Aerial Transect ;": lxw s Plaritsl" Plants2: _ Mortality. 0over3 1 25 x 10 250 29 17 41 7 2 25 x 10 250 30 20 33 10 3 25 x 10 250 22 21 4 27 4 50 x 5 250 22 17 23 19 5 100 x 5 500 10 4 60 n/a4 6 25 x 10 250 20 14 30 6 7 25 x 10 250 17 16 6 13 TOTAL 150 109 27 14 Notes: I Number of plants includes only installed vegetation specified within the approved planting plan. See Table 1 of the Final Wetland and Stream Buffer Mitigation Plan(Shannon&Wilson,2007). 2 Number of surviving plants is the number of installed vegetation observed during the first quarterly monitoring,excluding dead plants. 3 Percent aerial cover includes both installed vegetation and desirable recruited woody vegetation. 4 Percent aerial cover was not recorded for the"enhanced"buffer area where only Douglas fir was installed. sf=square feet ' �- 21-1-12193-005-R2.docx/wp/lkd 21-1-12193-005 5 SHANNON F&WILSON,INC. Success criteria for plant survival require that the site have no more than 15 percent mortality during quarterly monitoring or no more than 20 percent mortality for the first year. The actual mortality rate for the entire mitigation site may be different from our sampling transect estimate of 27 percent. The approved mitigation plan calls for a comprehensive plant count of the entire buffer area at the end of year one to determine the extent of plant mortality that took place during the first year. We will conduct a comprehensive plant count this fall to determine if the mortally rate for the whole site is meeting the success criteria. 5.3 Maintenance Following the first quarterly monitoring, maintenance concerns were identified and recommendations'made to the applicant. Summarized below are those maintenance concerns (in bold) and corrective actions that we understand have been taken by the applicant(in italics), based on observations made during the second quarterly monitoring and/or communications with the applicant. ■ During our first quarterly performance monitoring,we noted small leaks and gaps in the temporary irrigation system where pipes did not connect fully. Based on conversations with the applicant, the irrigation system has been repaired and is fully functioning. During our second quarterly monitoring visit, no leaks or gaps in the irrigation system were observed. • At the time of our first quarterly monitoring,weeds were abundant, especially in areas where mulch was thin or lacking. During our second quarterly monitoring visit, we observed that maintenance work had significantly reduced weeds throughout all of the site, except for two areas in the northwestern portion. Based on conversations with the applicant, maintenance conducted after the second quarterly monitoring has removed the weeds in these two areas. • At the time of our first quarterly monitoring, mulch was not present around the perimeter of the stormwater pond or north of the Maplewood Creek culvert. North of the stormwater pond,hog fuel/mulch had compacted and thinned since it had been applied the previous year. During our second quarterly monitoring visit, we observed that mulch was present throughout all of the site, except for two areas in the northwestern portion. Based on conversations with the applicant, mulch for these remaining two areas has been delivered to the site and will be spread in the near future. 21-1-12193-005-R2.docx/wp/Ikd 21-1-12193-005 6 - I SHANNON&WILSON,INC. 5.4 Wildlife Observations During our monitoring visit several wildlife observations were made. A green tree frog and deer scat were observed within the buffer mitigation site. A red-tail hawk and an unidentified small raptor(potentially a Cooper's hawk), were observed emerging from trees growing on-site along Maplewood Creek. Rock pigeons were observed in the stormwater pond. 6.0 CONCLUSIONS Performance standards for the buffer mitigation site during the first year of monitoring are based On survival of installed vegetation and abundance of weedy species listed by King County as Non-designated Noxious Weeds and Weeds of Concern. Percent aerial cover of weedy species meets the performance standard of having less than 10 percent cover of weedy species. Mortality of installed vegetation was estimated,based on seven sampling transects, as 27 percent,which is above the 15 percent mortality rate specified in the performance standards for quarterly monitoring. However, this performance standard is based on meeting survival thresholds for either all quarterly monitoring events or at the end of year one based on a comprehensive plant count. Therefore, compliance with this performance standard should be evaluated after the comprehensive plant count is conducted this fall to accurately determine percent survival for the entire site. 7.0 CLOSURE The findings and conclusions documented in this report have been prepared for specific application to this project. They have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area. The conclusions and recommendations presented in this report are professional opinions based on interpretation of information currently available to us and made within the operational scope,budget, and schedule constraints of this project. No warranty, express or implied, is made. This report was prepared for the exclusive use of Tom Foster and his representatives. We have prepared the document, "Important Information About Your Wetland Delineation/Mitigation { _ I 21-1-12193-005-R2.docx/wp/1kd 21-1-12193-005 7 • SHANNON&WILSON,INC. • ,Report," (Appendix B) to assist you and others in understanding the use and limitations of our reports. SHANNON &WILSON, INC. f-6?•0 Brooke Erickson Biologist BXE:PCJ:BSK/bxe • • • • • • • 21-1412193-005-R2.docx/wp/Ikd 21-1-12193-005 L--' 8 � I SHANNON toWILSON,INC. 8.0 REFERENCES Otak, 2008, Secondary review of the revised performance standards for the impacts to critical areas associated with the Ribera-Balko Short Plat, LUA 02-129: Technical memorandum prepared by Otak,Kirkland,Wash., 31033, for Andrea Petzel, City of Renton, March 14. Shannon&Wilson, Inc., 2007,Former Ribera Balko short-plat property final wetland and stream mitigation plan: Report prepared by Shannon &Wilson, Inc., Seattle,Wash., 21-1-12193-004, for Tom Foster, Fourth Avenue Associates, Seattle,Wash., March 27. Shannon &Wilson, Inc., 2008, Revised performance monitoring success criteria for the former Ribera Balko short plat property: Letter from Shannon &Wilson, Inc., Seattle,Wash., 21-1-12193-004, to Andrea Petzel, City of Renton, Renton,Wash., January 15. • 21-1-12193-OOS-R2.docx/wp/Ikd 21-1-12193-005 9 giv g_NE a 6TNi: z 4. 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I I .•. ::: •• :: 1 '': Transect 6 7 4. p•❖• \ \ 1 A,. Pit1 \ I1 1 Approximate Location ' sw e I `s.a 4 of Maplewood Creek \ Pi1 J \ I LEGEND •� Impacted Buffer : .. 1 ' 5,912 Square Feet i \ 1 Buffer Replacement c \ \ Z United States Post Office (5,912 Square Feet) I\ \ =` \ Renton Branch \ , Transect 5 Buffer Enhancement //1 j \ � (16,012 Square Feet) \ y 75 \1 1 ! I l I • ® . a = NOTES \ soil Pit 7 Photopoint 3 1. Figure adapted from electronic files N Wetland A \ ` \ provided by client on 1-31 2007. o (30,612 Square Feet) J > .\ I I Stormwater Pond N. Catecz) gory 3 Wetland ` 2. Transect locations are approximate. d csi 1 I A 0 80 160 o I Transect \\\t ; I \ _o `\ ` Photopoint 2 Scale in Feet N ' , \ \ \ Photopoint 1 I I I t \ �V A Transect 1 \ "°'+ Former Ribera Balko Property 1 \ \ 7:7;;' \ Wetland and Stream Buffer to o I 1C 9 :,di' t':i:,. { — 1 Mitigation Monitoring 0 1 ,` .4kg .'. is CV o _ Transect 3 — .` \ �`� Renton, Washington co SECOND QUARTERLY N Transect 2 Wetland B PERFORMANCE MONITORING N (1,738 Square Feet) Not Regulated per RMC I September 2009 21-1-12193-005 E SHANNON& WILSON, INC. FIG. 2 Ceotechnical and Environmental Consultants Filename:T:\Project\21-1\12193_RiberaBalko\AVmxd\21-1-12193-005Fig-3-2.mxd 09/20/2009 BXE 1 i_, " "$, • "t ..A , ,, ..ti • ,� ,11 wt O ..., �- r C ,,,..- . „,.I., •• ') r r rs' I. d'"y „C` �t `, .`�... 'iL, � , �'\ 1 - .,�� C. • • , r'�, J. 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" 1L*- IlikO v. ., r ..'77.!1,-'''' , .=FirA.3 , i ,.7. irt t.%,t 46V,114,0, t•" • • S 4 �' 1q • yr;t , . . ,�. O On . ' `1 a fa" --‘ qm 0 I V. .' :3,3 -'41 O O N iv �' 1 co 7] Z Q 'l�v _ A tt i x • _si ' 0 C co w f ‘I �`•. a r. l ' &. , • -0144 l'T..?;.'4.,.1 li, VI - ' Or CD (D O CO CD ,�^ r W V, O O (T1 Photopoint 3 - August 26, 2009 VIZI - ;"' '- _ •-.,%; -t, -44. , 4 ' „... *., 414" " 1,. : Vierr' ' ''' . . __ ' ' Na• ;1fi •i _ v ,o,� rS t •- -; . 711r. 1 • '.• ��'_ • 1. -i i `'f . ,i i. ',•• ,_y,,,,} !x•-_ t s� .. •.7t}7�p r �,l • !. 11.1, •1 ?r •. " •'�� .I'+f '�I ,•. i .' ' � � IL .4F . . _ ' it'L • d yz. • ', 1 - �'��' 1 1 I• �' y S i'1>. „ j+,. ./+ 'i..yv� •--+ ,. :aye 9 r ,, ` .{ ._ .,. J 1 / q/ /'. r `- 'vt -. .�'u ..e a'. ~��� -tf �' !�wL t r-. .' a , • •', • • "Y.*-e is- o,`'.� +. -*. rni. tvt�• ^`� sC' ? }.t ;w � • • y9'•..� • • *' '•a.- � f.:•, .r• .rr 1.•- to- _.-s4 - /.�_�i•� + y�j,,.. a �`, a•• .�: Y•y, d.-. bi ,h;.��.., . . �. ,. • sm 'tee. � .. ':. %1•t� - -T•1. - _7.- s. ii,... 6/• �fi'• ► - -.�,• - '� - - ' y - ,ir ; 't„rG • �.i3s_•Ir-'0 ti,,�� ty�. .''� Q r.Y`a"ice;e"w:;�_.-_'5��7 ri ' ' 'r K _ •-w"•R�.... f } -,� :- -„�nK.•_ . _ :III‘ - -" 1 \! y Sot.py k+ i;�.,. .��� .~• a ^r•. y,, J ,y, y • • . +ii c j -. i -�f' i• ' _ ? 4'rA� .r . _mot 2.� ,k�` t k �. ♦ N ---4 ' N� v,.•a •STD . { Photopoint 4 - August 26, 2009 • . •'L t�1. �-� ,a •& I»r„ 4..m fi J1, _ • •* J � .� fr� fi o1 y, 's ISa S r .F .t•� ; _ w 1,.--.,w. M. 'i.irr• ��+��'r�r: y. ' N -- • ,• S C / •�}L �'4 yy vit . • . •• , .11 . -o • s �l+- ` 4,,,,.‘ -�1 — • y •`;x� .,.(._•r + r +1 , ..�' -...it.... . 0` `. ''* � I ' fr •t •'�•� IL- • r 1 of i y,r<f. 7�i'-" • . �,1',� - �r� �• .+f- �. .r • } _ L! _/ \ 1{_ j•.x j... tti N �t�Y r ; x ter`• ' ;.e► r yIL.?,J t r Fpv r .� f ..,,,... i ''' . •- • ' ,. xr _- J • � `;• j • •ix+ 4 •'` .'S.11� �{�' j . t` ;��' 't �. 1 r� gl • ,flt /S. '_. ,t . •I \1 rt 7 er ►IC I.:.„,J }}lLfY �•srp} i < i,1 • + ril },y t 11 ;� ;}�� l� Y • • r-' ' .. • �, .. � 1 . .•• .•. '' '` M14I , •••#1•,_,�'' Y ~ ; 4 •v ma 's !llyyy ? CO0/0.• cu �:` `" a ':� r 3i`, r, \ I `� F,. , �` 1. e alko Property , r, ,%- ": ,,;,.�,, , ,R +�� ' x �' 1 \ : � M Former Rib era B a or t 8 tL z t ,: ,. 1 Wetland and Stream Buffer M' ,� , c d� �•r , ,� r17 . .r; r ✓7C ► `i �,.; 4 \, A �: Mitigation Monitoring N .,a R Ott v x�. , til } / '. d` .1 �6cillOi. � ,"•,� %r • f/" Renton, Washington U S[.. ..IS . ; "1r _ .. ,, , ` : i ;.' -. /' A. , •+ir.; • W SECOND QUARTERLY MONITORING PHOTOPOINTS a September 2009 21-1-12193-005 E `° FIG. 3 cp SHANNON bWII_SON.INC. Sheet 2 of 2 _ I I SHANNON&WILSON,INC. - j S APPENDIX A PERFORMANCE MONITORING DATA SHEETS r � - I' I 21-1-12193-005 \ SHANNON 61NILSOL N INS 71 '1'''''': v ,•, . . -- .. -1 Y s'Yyz; . ei "g".P.gi ' 'YF� Ly- �".a ',�-. Y,� ^' - l :r .nrm y1 r- NAME ,§14-43',.., r 11,4-1 61 Cam- DATE S/--47/° 1 S&WNo. g1-1=111°13_w, gMONITORING EVENT Qkcr- No.of TRANSECTS OBSERVER glib-ia 'ACVA 4 -Sb.vS-A. No.of PLOTS Transect or Baseline Event This PM Event Change from Baseline Plot . Quantity' %•Covert %Noxious' ' Quantity" %Cover' . %Noxious3, %Survival° %Covert %Noxious' 2 3 0 7,3 N/li U IO- 1 < l4 Co 4 m 3 1-y 1,a N/A ,I` Qf?:ti < 2'4 q. 4 1-2— /,9 VA 14, I LDS% •;1- rLu n 5 1 D /J/\ WA q 9J/A <o.S% 4b rc!rcl 6 , 'LU �1.5 r K A /4Go 0 -o I 10 TOTALS 15-0 4,,S % `'_- 'f b q 1 3.6 C► 4 o. 71 orb 1-':' .-Ala -i-3'Ala <'O.O I % For detailed performance monitoring results,please refer to the individual transect/plot data sheet. 1 Quantity is of only installed woody plants. 2%Cover includes installed woody and desirable volunteer plants. 3%Noxious includes noxious weeds and those species specifically called out in the success criteria(e.g.,Himalayan blackberry). 4%SufvivaI is a relative calculation based on the original number of plants installed within the transect/plot to those still living. A).SUCCESS CRITERIA: 1►401. o•li:k1 ¶+.4.IA is Abc,r2. 15 4 ,.....4- -}Gis.-W*L 4ol^1vv) cve.,,,-1- kfe' inn.,,,i aVti r7reds 'f e � re ev al.UA,l'�ct ,AP-i-er Co m j'rcL4silre. p LT Govrt j- . is a•6.t i� u�.5 tA6p- kity :iS. il-c -k.,- 1�✓`h Ld4 A-1- .e.A k, 04 y2ai- ivy , /� 'II ' DOES THE PROJECT MEET THE STATED SUCCESS CRITERIA?. YES V NO B)GENERAL VEGETATION VIGOR/HEALTH: ! 1 L y j SdNtZ Vrsr_InOVi ,otalw^-WCt'd a.5 fa.C�a1 Wts.1J m3c-Av.�_(I ah eF )rt°clr\'` �1 rowiil), ^f res. .5(-- 5i-v-c' s d0 tte"-ok i'q rla)..r rt.. f.vh-tz__Illin. 1-k-11i-es Y044ri-A.IYT"t flA YeA.A tteo. artn5. j C)-WETLAND HYDROLOGY: - y, of l'jA Z Z; iY D)NOXIOUS/NUISANCE WEED CONCERNS: '�+ A n 0 t 4-P-1 Cvt t t r t s.s•r1-5 I,c.Jc.. LIe..J'e�Q. w-eat�.s - /-ovh r✓Lns 1- 6- -F(11i. w11l'16,-t.4-'�CA.. S�`e, Ar e.1' 6 i 00 s lr.2 sill( r u w< U-iez-A ->`�wtbv&.j. t k t c_A„thrb I slvL.(d con+Ai u-cd -1-6im,g/ 04 fi vej 1 E)WILDLIFE OBSERVATIONS(DIRECT ANDg INDIRECT): "Z �ert�'o.i 1 Awk Avid ;buttd�etik acL. s wt„II �1 r t!?vS Siovl n cis li,r..t) o(o s-��.k (vt -Fo r �f.e5� A1'e` w (9 ov=4r- Vtilael...woud Gi'cr`.L" GJ-e.e.t,--1-+`2e -T�',rv, 4 �Rp-u- SGe..�' 6b3e•rvA.c( Ova SiI•'e. 'PADco•n5 I_ ilk S kisr w hin 11 e.,r 1204a. E F)MAINTENANCE CONCERNS: G)OTHER: ' • I : __ ...• _ ._. 1 _ ... _ . _ - . -- - - go IIP,§tmNoN zolvrks...Q.NdrS _ _ _ ....: .-- - ','bil 1,a..iltt 7' -e14:a k4Akk.,:u 6-:Te-i..6 -11kri. -.t:eNT;i-2:-_-:i;::?,..,;:;::1°'::::••• •1;:;-•:::::ta.'x'','?: ,,i'r!,:::.ig-273'''±':-: -.2.-;:,-1-:‘'.7..:::::,,--7-77`?•-'-:,?:''',;71 NAME'1.2iIg,ilto- --- - c.) 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',-='',7cla-Z=,:7-'1- :;- $777;*.• 1:-Y:••1=1 ,:t.,'-'•.:::".-,i5::.-:;1•,,,,,,:',,,,-,,,,,,,,,,:Al.-,:;,,;1.5.:,•: :,:;V-Z;?::.4.1-tY5'7.•',:j.,-g,"';''f'i;: =',','Z ' ‘'2V,A.q',;;.,.rk4;4::1-,:z.:,A1,::::V.:-.:.2.?-,'.':-:;L'i',.':L.:.,-,;•'•:_ ],s,•,,s-,'••,,, ••:...,''.::,::i • re iu x 1- 0 • MEASUREMENTS �Sr. '•', BELT TRANSECT SCHEMATIC i=z" P ( =; 'R7TALS I II p/1` Symbol Y-AXIS(length) X-AXIS(width) �N iiiiin /i!!IiI ' � i, -- --j—i---- I —'— iit--- • ci cr , .G. ,c( 8r� r IIIIiIIPi1iIilI1I4— ;_ ,_ 1 Il ' ti rk 16.19 I'- g,Iv a.i (- _ 'i ■■■■■N'�■iiM■■i�iii■■■■■ L. ' : - 1 . Ls 11- icy`t.?.q- q.s L ■■■■■■1■■1111■u1M■■■■ 1 tI- P i I¢. 6,i ;.-z. 5 ■■■■■11■■/■■ ii■■■■■■ 11:::,. oe ,q zo. 5- c., L , ■■■■l■■■■4LJ■■■■■■■ -I- - II ,a( P 721,14A Co:3 6.1- S - 3 I ■■■■■■■■i■■.74i■111 ■ "N r v .3 (.1 2,C, L _■ ,z,,a n ,q- v .3 r- 1 ■ - 130�1 1.5- 3.'L 3.3 c F11111111111111111111hit ■�'� `.i z r 3:i ` flUIiUdUhiiII III IIL ilililil pi R i L 110.6. 'I1111111/!■ 1111111 ■■■• io lor or r- ''y■■■■■■u■�rAhliPi■g.■■■ r'- E ._ '' 1■■ 7uuuniiiriiuiuiuiiii1 �' ■■■■ ,I�■■14M P!■ ■■■■■ '11111 1111111 r_ 11111 40 1 • p a3 A t 01. I 6 "n, 6 ,' 7 (..1 - i tS •- ' 2'x I - I -/- (.'. • '6 't,*:''7;;:;,: i '. t• 1.1 ■■■■■■■ ■i ■■■■■■■ ■■■■ r',1 . X-AXIS(WIDTH)- 1 TOTALS -.- (q'ew a pictme of tho belt Irnoneol.ohovnng the plant bceUon,fa furore reference,Indode a north arrow end dloUnocve features for nonteoL)t."l,X,.` si.3 • i StiANNONFsWILSON.INC. r .. -; ... ..: - .. .,,. , .; ;, :�� �•, a �c, .i�. "3 R7g^k;:1; a(A&.. Qi An1. �. -I,"w7e.,3'Ft. . .. .. .. .< ..,_ _ .< , NAME ct SAlk..0/4i `% / vc } ` - y�11�gnTl sty 0 S&W No: J TRANSECT DIMENSIONS: le) ft.width X t' fL length TRANSECT No. Zl-I.-I ZIP 3-uo5 3 MONITORING EVENT Zha c a OBSERVER 3xc 4,PG'5 • 1 DATE S/z-hlp`L . GENERAL INFORMATION BASELINE EVENT THIS MONITORING EVENT CHNG FROM BASELINE Symbol' Common Name Scientific Name Quantity' %Cover' Cover Type` INIE/N' Quantity %Cover Cover Type %Survival' %Cover 1 1-'-Q: :ZNA avi^ 1v Oa.*iwria' .0 c 6rw:;5 A O,3 s to O. 5 t, 6.3 l 2 I,AA - t� �v��lx.l,l_ C7t�"u\cs. PIAAA64/113teAo' ,ti 4 3.1 3(•� . . �-f 79._ �-,ps 54 /000( n� IV 3 �V VDO y7 ot [ ro � 7 oln Outyi cAt..� 0 13 . SI/l � i• -7 S/I 541 C 4 C)C1 1-101 Or`ur A l rAvNOa 0 p1/loNlin btuirkAiVtn 2 0.3 5 L. - 2-... O.- 5 G. 100°/ co 5 bl�.,k.�ti-431••WOO k 11o�vl,�5 b0•S(G w.,Fer� ►�/A 3'3.1- 7' GT NA 1-1�1. -rr-+ez, "'A • N 6 D-y DOv.)L1-6 "?`lr t 5cL '3 W.)n Y`tliZICSIj 3 ti . 5(� _. ,IOLt--- 0 NA 0-4,a1:' 7 l.k) LOA(As, •`1 1 k 5..c0 NVq O. 1 51^ V YLo vt,C., 0 N/IA NA r- z 7 6 0 0 I- 9 zQ a 10 O• 11 O 12 • 13 14 . . 15 `']�I /� �/ / / cy TOTALS .3.d A, `` Lv -LO 'O.. I ,/A — Gf�(�I, Co • t Symbol tieecil,if belt transect sehematJc'(back) 2 Quantity is of Installed planks only:. %cover Is,tlie`AREA of installed and volunteer,plants(see'calculat►ons on,back):4:CgvorTyperT=Treee'Sb'.=Shrub;St=.LIve Stake: t 0;nstalted.v=Volunteer.E=Existing;N=Noidou :>s/Nulsance, Suriival is a-felative calculation based bn the orlalnal number oi olants lristalie7 wfth thetransacUptat to.thos®still tfvina. re 0 o 1- 3 a c0 6r'e¢>n rc V - --fCr03 e10 tv1 lo.,1 a IM1"t 15't t`vn • S aW 1 � n11 &) e�IS 6.4,_ t ia- `eoV V •e.a• )41 f,a.. 15 ,'re.5s,n}', E z z 1.0.2,5 'v, S l.uV.n. I,.Ssdhp. Pi ,M s; l ta 1,5;v%vJ 1 s+al'r p L i' s1C.af',-In, - = 1- 0 . i MEASUREMENTS 1 ; BELT TRANSECT SCHEMAT1C .9 Y-AXIS(length) X-AXIS(width) s TOTALS 0 L IL Symbol X-axis AREA I,, a - StiSI.C)143 I 0 f',Ii''. 1 I\PC 0 2."-1 6.7... '7-.1 L I fr i xtra. kr 4:3 (04 s-. 1 .3 L ' 1; 1 i: 31,r 1,-2- 5- 5:1 I_ ___tit, 16 •1 10$.9 -• .g 1- ;,; ci- / r ;;;,. ;, (\ 1 ; 5 PK 11 10,c --.l, 3,1 L. A 6.144- I. . . 0 , ..,„ , . ;:;, Dr..x.,, t1.1 Co -7,s- i - --1 00.4.) F ' --f- . —., I._ '.,, 1 ,/ / odn , c focAJ1,11/,__(e)3,5-- et L„- / / /, ..., ,, "cr, 29.9 -:3- L "i:', (7 _ . ,,,rio 0,-3 9.,A, c,....?_ 3,2_ L .,...\- ( _ A . 4 1,Tip -5 _3,2- 2-.(, Zg L : . .i: 160a1-:2- q.y5 zi.,4, L CYjg .1 - 't, "no iz_c /5;3 2,s ; a 18)s)12. kq 161.5 7...'3 3,(, / tjt._ 113-47 2.0-AI,6, 2_,3 2.I" L ,.. ,°•-• . 20.jg2.1..,7_ Li-,c, ibz_ L... t. i , OW ; '. g . 21 • ta 22 t. 5 1 '-- '..- --".'-' 1,, •1 t., / ... -. :- 23 Ilk r -,‹ / / ' .'/ al , 25 : 27 $. 0 '''' .t. ' r- Stitte. -10 SA 1 f . 28 X APS . . AIIP' * ,., g. x i 31 17 fif i v a .V, 2 en , 33 g mi -: 34 • t' c2z21,bF-t7 38 li 37 ii: 24,I,I 'I I i Itesrlf,A.Z. C.,4Aratr" -01/4.1tIetil I I ' 38 2 - g(1.'7 --1 , 39 40 2 - - 6411‘4X1C) 4,11-6<‘‘e- iI*; 1 : 41 P k 42 (4 4Ift& VI -PaAvete,1161n ) etttkovvt-tc P. 17) .' t%tertai,jA'S 't,-- 43 • :1*.ttt.• - CAjsrtAi 010,-14 44 1 . It Or 45 :.7 46 47 48 C A 1'..1 49 50 TOTALS prow a picture of the bell transact.showing the plant locations for future reference Include a north mow and distinctive features for context) . , ; - -. c - ' .. ,' . ..' . - 1 \ ' . IP 9r.%.Y.091 _ _ i.r... .•• .- . „, .,,-, ,.- ,.: - -' , . ., '7 .:•.-, -.,` -. . ,-.. -,,,, • , . .,;:),,;,,.,;;;€:,..4F0iglii!f=;ji,':‘,"ii.:.'.0kr..;„43:,4,...;i,,,,lp,-,';i:5f,!:.--,-,.1(.•:,..§....!,-,..44....:',.',i-LiTi,iKifik...,, ..J'A'ili',A,....f.,,q7,•„..,. .-.., :--...— , : Ts:' •,-;.,'..- - NAME :toe,s-t I.-6 13,..10r.2.4' IMf)' - ci S&W No.2_1_1_1 z,‘13....0b5- TRANSECT DIMENSIONS: C) ft.width X 2.5 ft.length TRANSECT No. w MONITORING 3 nu EVENT 7,,,,k,. Corr FE OBSERVER rSikE: DATE ty-r_4(:;, .. . , _. , • . . ' GENERAL INFORMATION . • -BASELINE EVENT . THIS MONITORING EVENT CHNG FROM BASELINE Symbol', Common Name Scientific Name - " Qu'aritity, %Cover' Cover Type4 'INIEIN5 Quantity %Cover Cover Type., %Sunilvale %Cover eVem,j12.-3:49. C0-4.1rgiRei4.:i) 9- 0 t' 1 `5 L'% . .3 O..-2- 51,, 4-1-3.74„ .. .--. 2 VA...b lAn....,(...L.sz- • , P-k116,[9/21 06 5 1GL, 6 r l t r (,,,,I SL ...1 ' 8 I S.7,- . 51, /t'D`./. 3tjit.1,-;1-(A. - If . c'-'3 Sil „ "I" _ .P,.. , ..)( S 4 C242 , 4:kit 647,-NiAnevt-P9')-.A., 1,114Ak0-1A,C.- 151/I ,. 1 U14.- 3 -6-3' 51,1 3 0-14-izr 1 k,,,,5 ..ruL,rz.. N P 'Osk 5-- la • 6 C,--t e-.61+/>1.4.L....4724 , Ft,y-1,5 64 5• .. &VA,, /, I , —rista, E... . . . z ct 7 1, . . Z , 0 0 Z ----- - - - --io . 5 n. . . - - - • - - - >- 0 O 11 . - 0 • 12 . . 13 . - I . I •14 15 , --•--- . — TOTALS . r 1-1-- -,. , -2-,4-t --- ,1-% .-7-7 I :.,Symbol 4;94 In belt tralisect.eeheMatle'lbeen.;2 guaiMitit is of inetaliedpleMeeriliiiNCAVer Is The AREA Installed inel'Atelut4eeepte*feet aleiilittlerie..0.4aciii."!ceverrype:,,,t f=,Trie. hi.Shrub St Live Stake,"......'.::.;.:', :.- ,:,•','. :,..',. . •=6't itstalleilf.'0=VOtiiiiteerE';i.ExietirM,N i4 NeXitior:/Nu6itte:P 4,Swifter ii'e reiati'Ve'ealeitititiori:based eh the.eilainaliftmber Of i>latits insialh'itiikithiii Metrarseeciiplotiotheseiitili.!Nine, ' :: '!:•'-'',2- • - re - o . e; 114.oc..15., .0,-0...,-....y.... I:4,041V.) in 4....w._ 1.7),AA., c.a.\5 Ctie..45•1"5(-7 . • ,-- ! ui U. • :..- . RI , , _ -Eur.-1 A-‘1?1,.-,..,-ti its in.^.5 Iosez.t..„ Gkovut- 14.4.,r‹. E < w lii . 0 !....„... , ci .... MEASUREMENTS ,., .& BELT TRANSECT SCHEMATIC a i . ..§ TOTALS 1 . l_ Plant Y-AXIS(length) X-AXIS(width) s :4 x-oIS symbol • 4 , 62 o 0,3 .:: ',0 9,-z-g,q- L c, o 1 - ,,`": 5-1-6-' Lse.wirl 1.2 S-- I--5 1, ,;- 6.1 L / .. tj aS-f, it : 5 vvio 14.2 '5.(.. 1.1- I o t-- , 6Jy 6.- +,q S-- 5. ..7* L ... I® V L. 8 rto 5,4 0.6- 7:1 I o I- 1' A 1 r _ Lb L VG, l?-_i (8.6 5:1 ?•• V I F-; iiimb 1 1,k, -Li 4 ..;-' :, 7., 1 : Axs, 1.1.-5 Li•4e, T.t 1.5- 1.- 'Sp zo5,313z53.:2,3 '4r ,( 3-73"..3 i1zr/5-...i'- tt('...,. :r:'.. )) ' ( 6_ - l -I- V I 140 ITI G,2 iq-. 3.8 L ___.. .." .. \t. . --;-- '.: v, 1 b, ...a. laP"-C. q: 1-• 14 3 i, 0 2,8 3-`/ (,. \ ., \-- / 6 , ... 21ae L R.g 1..`1 /.L 21 Oa I?".1 14,6. 3.,-/ (4C VA .0 2 22tvt,6 o,,,...; Lt.(... 4., 2_.,..3 L reo 2, . raW -i 2) a ea m ,_ , • kv& , . 26 illop 'ILi il •_„34 . g : 27 IA / ' I 29 S .... 1* IiI I 1 30 31 32 33 i 4 . Affi 34 * .. . n 35 • , , 'n. 38 i! 'A 1 das- , , 37 ? I - C.‘46 hl 5—7„ , 38 . 39 ... L 40 i-. -4Q AcTel c.f_z•o% C_,--v,.....ro — vAir11( A/P,TO 41 ? _ ...... , ,_ , .-- 1144 0A 1‘APIVIQ-e..A.a n 42 — an ( 44_....-Q-- V" "' .040./.... . :„; - ,, 46 . * I 47 • 48 l'ffl 0.0 49 l'' ' e, 50 . ,.. . .- —. ) ) TOTALS - (Draw a picture of the bell transact.showing die plant locations for future reference.Include a north arrow and dishnctive features for control.) .---,-. I __ 1 ; c j r, '., 1—__ '; •: _-' r 1 f , ' _ '; [ .i- • . RO P7M—N9,N.fttlYMPNtiNc, -;-:.-', ...:--: .7,7:7.77.1.,7 ., .' .'--7 F--fz.'4iJg"Ak'iT,..tg_ ariEiffkr:g?iIgiT-FE;t4',f'TtTl.;*T4g!irti'i-Rai-ia?',9T-P.;:VgiV;n7-:1'2: .-: . .777-5-7.7 : NAnnEk ilak 6,/..lko Lio-frtr 14,1,-1.\.\.....t.iiv. '6 S&W No.LI-1..../1...1 •001 TRANSECT DIMENSIONS: •—ft.wld'th X )--15 ft.length TRANSECT No. 4 w ..._ -, MONITORING EVENT 1.-k A 0-1',/, 0 ge. OBSERVER 15XE 4IP....5. DATE GENEIRAL INFORMATION . , ' '' . BASELINE EVENT THIS MONITORING EVENT . - CHNG FROM BASELINE Symbol' Common-Name Scientific Maine. Quantity' %'Cciver' Cover Type° IN/E/N° Quantity %Cover Cover Type- %Survival° %Cover i 4 .1 '54 f Sttek In, f kuv-, 00..w1 i.2.-tri e.... Cs24274 iCT45 9 .C,-'2— 1.-, 'T -, . .0 4 6 I, // Z. 2 144'D V•4•4>C-14- P.47,0A.0)9---- PV4144Cird'f.14'A i.ZIA)S1) 62 3,'3 - 5(-, .. . '1 C - 3 N)'6& )13,0-1-(1-1, rZA 4' t7se, triAifitio"-^ 4. o.--2.- 5 l -1- C .;T---2.----: 5-1, I--; S 4 0(41 --rkt I 0-1-.1...,,r.,,,,e_ ilikt„.,,..„‘A,-..., Akvifoilum .3 0,-2— 514 3 , OT 51, / 1. , • 5 t.13.k. Fit Go TF;4- L./01k tAlt.4.7 -‘-.1 r)( (t..,C.Pete.- 1j/A Li q•1 i -I- cr.,s-- w 1)5 6 (../05 LA.)111 D',--) SeA 1 I A $f- , N/A 0,i .5 I, V N,Ibi , D.1(0 5/PI "A 1- Z D 8 C.) . c. 10 • . ›- O - c) 11 • , 0 12 13 • . • 14 • TOTALS . 2-.---2--• 3'..-41,44 --- .'7: . . .rq" 1 .1 1g(24 --7-- . _ 7.-'?. t ir Symbol Usetkintniittraris#4 schematto(601'V.!:44aiyt!ty laofinitOtiApitiitt,spnlY•'1%cipjli,jitbe:,1-TRA.91:tnatitito and volunteer piiiitp144pitc't.ifotor**itia0).-fbcoiqr Typei T-4,:rreie:;.07-‘§tartiti;!ft gsie:Atak,,:.. I n.taited itz=liokintii§i.t'4 -txikiiiii,Ni4oXiiiighutiarloo: ,i'k Suiiiiiil taa'ribitiiia caionlition tii4 Vtiialni:tifribert iitaiiiiiinfaibict Viiiiii4 iriitiolditiilikis'esitii ilvliia: -s' , :- '- :---.•-2''' •':-'' :': .-:--:-.'::'-'.':—-:i:•- ' - -HAQ-A-, z • 2 . ' 'Lf! 0 e-e.A. reoi,-A7-4 k IA-----)-c,_( ko 10.Q.c.i, C.A.•=tokellafrl•PAs-• t; g a E . . • R . re Lu 1.- ' 0 , 171 � MEASUREMENTS'� ,\ A i BELT TRANSECT SCHEMATIC ","I i Plant - 1 I I ",D i f- I I t • j _ Symbol Y-AXIS (length) X-AXIS(width) ■ iu■■■.■■ L I ■■■■■■■■'`Fj Y-iCQ15 X-axis AREA - ' V"l0 .- 5•1 1. 1 3,f /- ■■■►1U,1■ _. 'I Al__ ■■■■■■■■`'j 2 023,1 3,1 4‘? 4.- S L I1111111Magli 3 k 2 41.1 S.L Z_1- 2.1 L -- :- I ' !■■■■■ ■■■■■■■■;;<; 4 wee 1 14 0 1.9 1-- 0/ 111.111111.111.1111 — II ■■■■■■■•n ' a IJYC tl.c 1',.'S I.3 1, 1 4 ■■■■■■■■■■■ ---�---1 ■■■■■■■■ ' 6►M,o 11.9 15,E 1-0 3.‘I L U .; ■ ■■■■■■■■■ 1— ■■■■■■■■': . 'wk. ►�.4 15:► q 3 -1 i ■ ■■■■■■■ -1- 1111P1■1/ PI!� ,6 o t, I(.1 ti:$ OA IA I ■■ • ■■� I _ 6111111111,111111A I, 9640 i q Z ZI.1 z.9 c ■■■■i�I■■ ■w .■■1 . _ � `Z■■■■i��=� Ix, 21.3- zz.c 1.1 2.9 t. 9 ■■■■ME11■■i■ ■■■■■■■■■`.4 "o 2'/.' t(,3 4N 2- L i ■ ■■■•■■■■ ■ - ■■■■■■■■■`;,__: 12 ■ ■■■i■■■i■■ - !?1111.111llrJ.!I1l�lfila , ,3N�3o.( 30,3- 1,a 3Z �- " 1 :;: , 14�b .� �3 o ,y� ;■ 11211■11i1■1 11;11111■4 15�,n AI 5(.s 1,3 1.� x !!■■■■■■■■■■■■■■■ee f'tal■Fl.� t . ,640 3 , 31,7 6 Z— - ' i �� t ,6N� k4-,r So 3,.1 3.1 L i 1ii/�] 20 ;- iii '21I , 22 !23 ; 24 ) 111 r' i 25 T z / III? y pw1 26 ' 26 I $ 30 i � , .. � �g 32 31 1 1II • , 33 I � W,1 35 :ii! ' ill) 4 " 36 37 • , 4 r `- 39 t o ,,1 40 1 1 41 d0 .. 42 f i.:fff I 43 ty jiiil 4 • 50 ;I ____.._.._--______ _____-_.-X-AXIS(WIDTH)------- - _ ( }________ ______�__ I I (Draw a picture of the belt transecl,showing the plant locations for future reference.Include a north arrow and dislinclive features for context) j - _ 612110 NAME 12,‘Vsj.,13.A.1 L. B.,-.r-st" c.) s&w No. - _t 7_11 3 TRANSECT DIMENSIONS: ft.width X la) ft.length TRANSECT No. -)• MONITORING EVENT J. Q#e 0 Ef. OBSERVER tyr AlS7 • •GENERAL INFORMATION . BASELINE EVENT . THIS MONITORiNG,EVENT CHNG FROM BASELINE -Symbol' . Common Name Scientific Name. Quaritity2 %Cover3 Cover Type& IN/E/N! Quantity -%Cover . Cover Type %Survival° 1. V.Cover P-FIc2bt.,G3(.4 -Rr P5 ILL,etb+771,,,WetAtm.3),- • c 9 , 1\J/A 40% 2 3 4 -• co 0UI 5 a. to 6 z < 7 1- z 7 8 0 • .0. 10 7- in• 11 0 • 12 13 • 14 • 15 TOTALS . f HAN, • transct schematic(iia4);..'3,1-40ntrti!4pf Installed plants AREA of*latioqjp4iroitOtel!epailfOli4oOaiOvia!!On40O goer:Thief tkv Trek,sirb ShrubSt Uve Stake l 'ritifaiied:Vii Volunteer.-E urvivOi lsôlat1va icuiatIonitaeôt tiri the OriPlnal Manbiii:of-PlantainstalfectiviibliiinetransectiolatPlbbiostilVtiVina •:'":• ' • cc z a. • UI U. a w UI LI! X 0 4,..,-....0, ,z•,,,,,,. -,t:,,,,m< i.y.:„ 'p...--,,,,,,,-;,,,:,---?,:-,,,,-----:,:-'=',A.1`.2-,.`,' ,7,:PE'Eq. ''.CEN . 2 1 I § — 1 I" 0 I I I 14. ti ....41 i 1 i •?-4-1.ste- 4- - H 0 i I% I 4 4 I 2 a . 2 Li I g X Ii g 2 8 _ 3 cn 1 . ...- x. .1.4. ILI t i ......qs:. - 1. 02 I A , 4_140 g...... ) 1 8( 4(1) lir:, -C3 e i Q i ..9 kzi.,. 3.... ,zs-- .04(2........ . '2' ti. e3 6 , Y.MIS(LENGTH) .a.,--,Y. ,.,...-,•.A. , irt:e..,,,,,,^ r,1,X4,14s.t.+Y.,1M,Niir Yap,.-,..Z A',,,,W4,74,...,,,f."1-1,4i 1,,,, ,,,,,,-klir,..-w.-,-4,,,,r.. ,..t'-‘•5,,,,,,,t4,-..,.esv-61.,-‘-ls..,-',T,,..:.,D,w4--.,,..-7,,-,..---,v-,-,....,u, ---A-i--- -4,e 4,,,,,,..-',,,..,...,.`,..v . . _ 0 k . • .. • . . ..F.:, _ i - „,,D-I- ,...,i •-• ir-:---3 r':. ssti 0-' ti- - 1- __ --- ---- — ---- --— J - ( r,- , L L____ L i t___J ' 1 , .._ _. 1 , __ _____, __. '—'01P§tiNsJ,N9,tstYYJIARItglc; 177"7,,?'`.7-7'.:777777-77.7,7,7"7 7..:-.-171 T.:s T''';:::11::17777Ffrs/A.6M;7W-'4E,If aps14-76:',46fliTigiA'iff4Tiffg.).1,ST:77,77.77 77 7,7 F.77:7;1'7777 77':-.777-777777.7-:':',;:;.:7-^'71 --NAME gltj-A-rf1J S.-14-_-- (3,..r-F;zr 'WI ri-l-a-P., 1- , sem No.yk-I-Ivo'3-a oS- TRANSECT DIMENSIONS: (o ft.width X' 5ft.length TRANSECT No. u: 3 MONITORING EVENT A aj-v- cad. OBSERVER sxr et Np=3 . DATE GENERAL INFORMATION - .BASELINEEVENT . THIS MONITORING EVENT CHNG FROM BASELINE Symbol' . . Common Name Scientific Name Quantity2 . %Cover.' Cover Type° IN/E/Ns Quantity %Cover Cover Type %survival' %Cover 1 13F Dr.1(A,g, - PS 6.100C...a+15,-"r VAZti7_a5i 1 3 Z. I St, .27 c> c) 5 1., 0--4. 2 -1,-is. -5\A 1,a, ?Win. C.,..qA.A.,.o...,/,‘",,,, c.r,:s,irtro 5" t ... 1 <I.., .1- 3 3 IAA 0 10/L.4)C_L-4- (V21 II2, PA,'1...04Ark , /..4.m.s-;') 3 ce, --2_ 3( ..T. 3 44 1" 5 1., /00 Y. I- S 4 NYC 1-21.0 etL4.. n 1---P- K s.34, VL 0414-41 F--4'... (I2 6, i 5" /• i s 4 .o.3 -4, cn ,0 1 ).--4 1 RT.,- 0,k.,4,--, ..,6, i. a .. 0) 6 0 Z < 7 F- Z • 0 8 0 U I- 9 Z cl 10 . 0 O 11 0 12 13 • 14 15 . TOTALS 2--C> 57:16 - ---- /2'-/ 61 7 Symbol ueecf.I,ebetk;trerteopt eOhe'ooie(back),,1!.90eriti*leefjOetallOol'ents enli.--..,%Cover is the AREA of installed and volunteer plants{see calculattans on back) Coer1ype ra Teee,,,Sh.i.:Shitit 'St'-=‘!-Ive'sfikii.: sr= nitalied.V w=Volutiteeil:'6 i.EiCistina:,WyNaitfeitsiNtifianc '° tir;olvat lea relative calculation based'on-the•i)iiainalritenbet:oftilinfe-iniiallect'within the tratteoCtiolofte'thosa ettit'llighiii.' '' ''r-. ---"''-'- ‘ ':C -•'',-,, --:- • :" '- ,:',1 CC • 05 . v „ t 71osr-a_ -Ne-SS-.......t ft'- p rev tg,tS - F 4-e1+ ,, I .) + ..., .4 1- c. . ui u_ M o i i . „ u.i u 12 . . 1 ' te tu x 0- I I +6 1-Sa.14.5 eL+ & , MEASUREMENTS s BELT TRANSECT SCHEMATIC 1Plant VVV TOTALS (i \I 1 1 .._ I • -—_. [: . ....1 _ Symbol Y7QlIS X-axis AREA Y-AXIS(length) X-AXIS(width) '- '�. ,i 1 1.��2�■ n'—jt i C CarnE1.43. --- ' D f 3_4, cu,- c +v P F �MRIlI iR ��BI•lI 10!i 2 MAD itt -.7--t ,3 q:2 - i 1111 11111■■ialM ► 1■■11111ME 4kin II.4 II.t 5 S 42 L J IIIiiiiiiIiI!!1IiilliIi MN uii■■v ■■Whit■■ . '- 9 rib 23.3 2S - 9_3` S • a , 1. u.....�u ... ... .tit. z: { 12 fi P -7- �.1 0,3 0,y L K I � . ii...iu.........,j.... '�Q 13,3 13.E 0, €2 i_o S A .' . ����f aNsmo inomEVI Ii 74 ' Ic,.(o cer'f(cr 3,1--,,,.-�tr D 'rg? 3 Ig.1 0.4 1111 { 18 UIIUhiIIIIflPIflhIi!HI 19 JIIIillillI!1IHOi!uI1 , 1 r 22 i'' i 23 .. .....r=...1n .■... IW� + 25 • , 'Z iIiiuu1iII!'JIiiL 27 if ,„.' 26 I 1 • 29 • =i .p1 • , 30 i 1r 31 k 1 33 :X, 1111 38 7�„ 37 7 I 78 iii I ,'. 39 .6 I ( 1 41 i-6,- . • • 42 • c rt. :i 43 , ' 44 y , is q 48 4, 44 4I 47 49 $Y:. i W ¢9\ _X-AXIS(WIDTH)- ' 1 TOTALS • ' 1-_ i (Or.a picture of the bell transact,showing tho plant location:for future reference.Include a north arrow and distinctive features for context.).',, I I~' , - --- ----- , - . , &In§tRY,19,!`kflYYLL-§9NIANP; 7-----:777—7---7;':''..7---'77:777:77'7.:7:- - .:777-7 7TTTF.IIKEapV;jFRff,;f.k7,ifgcia74.,A7FF;:Wq,gi:gtTqM'AFAWI'Cirakgif 7.:7'':1';,:7 777 7:1 72:,r," :-::::77:7":77-'7''''''-"'2::7777'.'-'TT ] -- _ _NAME_Ikt142.,,,,-1:5,-11,-.1.; -13,-iFFEJ-- VA Ai-3 All's' 13 S&W No. !...,1-I-I 1,.,l 13-tto'r TRANSECT DIMENSIONS: 10' ft.width X LT-ft.length TRANSECT No. '4 MONITORING EVENT 2_1.....J. q If,- 0 rad. OBSERVER 13xt, I(f C-7 DATE GENERAL INFORMATION BASEUNE EVENT , THIS MONITORING EVENT - CHNG FROM BASELINE Symbol' Common Name Scientific Name Quantity' %cover' Cover Type° IN/E/N5 Quantity %Cover Cover Type %Survival' %Cover 1 GA? P-0‘..1.AS -F;;,- ii> c Asis wevives'1 V •47,-- / 21' 3 1 .5 tt '. 4 2 P I..N 1,a'v• PtA.0.4"‘ e9a..--6.,,, Ce-rtAsvg.) 4 /2- 0 S tn. 21-.... I 69, / SC. .rci 3 A145 V`A-04-144.ca,r•-=.. i'lA A,LAWI rtik I eulf s ii '5"— C i(--‘ —17- 5 Y. 1 S L /4'1' (1— 4 wa_ ).),,,,-(1,. czbs-e& JValik.4t lAn- 14 0,2. S i'l 2i: q ce te) 5 067 'taR Ket.1.--evk;--‘. 4,,th`fetutiet .2- 0, f S I\ ,.- --2.-. 0.2- 5 ti (00 W 0 Pevisn-re- 6 W 6 0 Z < 7 . I— Z 0 8 0 0 F.- 9 Z c. 10• 0 O 11 • 0 • 12 • 13 • 14 15 TOTALS 1 . Cl•.S;11 — ---. "Z. ----- e744' I'Symbol used in belt transect Scheniatto(back) Quantity la,ef thatallett•pladte-enli:::,_":%•tdviiii'die'kEEA ntinetalled'end volunteer plants(see calculations on T=*ee,Sit-#:Stinttn'St.=t.le,ctAtake. ',:.','''''•'''.-,-,'•‘,',,:•:'"1 i.lnstalled:4i;Volunteer.E t.Ekistin3.4..itexIouStNidderice::4%Stit4aViit is a retatiiiii-cals'uliii6i based on the Oriednal number of Marie initalteiCWItninitte transietiniot to thee still ilefriti.:-•',-.':, '••':'-','• ,' ''',•- -• '- -,:-•=••:-'- • •-•'-'•'re 0 0 5 I- z 1-.. Si U. rl 0 -0 1 A A94-744. Z..c-Ff St.s.ett.. c/F -b-AvIS...e..-/- - meet 1 (14-c,,...siVe. 4 C.)...-+Tv i (Sd4445 tO Now\) 4 .. z 1-i-o -Fv.c,1 tu.) 6 ae4A rc-FLLIA t'S ILtrz-tvtsc-+' ./ • 10 :- Si X . I- 0 • . • MEASUREMENTS S ' BELTTRANSECTSCHEMATIC Plant TOTALS y' ,j Symbol Y-AXIS(length) X-AXIS(width) - 1 'Mir X-axis AREA r� ol� G•� v t, As �4k Avr ' tMo III- q• 8.3 10 ,° ' *‘PR ' (4 " t3 L s' -Sr C T '. a ' ic, o. z -- I • - . AF I1,.- 1`.5 r b.S 5 r IM o 1+ 15's 8.1 l 0 _ drP , 1 cR /a./25- S,N 1,y L. 039- ?a;, NA. o o,t I,S -2.1 I- :: . Z' 1 s , —� 't �� I o I L. , 1 2 ," ©off : .1 'NA _1- v I, L 4. 13 �;� g. 1. 3 3•7 s + t'' ' 0 86: _.2 :,,,,ti gi 14d f3 13.E q 5 s 4— 11 � � p 1-�.z //i ). . 3,I -S 15 ( ' L- 'i-, 4 bo 14.. _ _ f 'm 161"tb 2-3,/ ZS /Z 1.y 5. '.< 1 - °, 19 } 6uo i. 22 a pp �. I,Ar.�i iG�u : . n .5 `„ ' z 6 1 11 T bk-f' • 6 4r it. .; %aD 't 1 I aZ rulvirir ! �✓M �. 3 ( v r daa a ), r. 36 i ay 1 [ ) A-12rb G ce4501 C...Ucv- 1nP11.A.. ; . 1 F +i 11 5 >, I •5 el !6 6 B c. L_ • TOTALS ---X-AXIS(WIDTH) ____-. .--_ _ - (Draw a picture of the bell trmsect.showing the plant locations for future reference.Include a north mow and distinctive features for context.)X�'. . I I 1 SHANNON F&WILSON,INC. APPENDIX B IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT 21-1-12193-005 - HANNON &WILSON, INC.H Geotechnical and Environmental Consultants Attachment to and part of Report 21-1-12193-005 MOWDate: September 22,2009 To: Mr.Tom Foster Fourth Avenue Associates,LLC IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT A WETLAND/STREAM REPORT IS BASED ON PROJECT-SPECIFIC FACTORS. Wetland delineation/mitigation and stream classification reports are based on a unique set of project-specific factors. These typically include the general nature of the project and property involved, its size, and its configuration; historical use and practice; the location of the project on the site and its orientation; and the level of additional risk the client assumed by virtue of limitations imposed upon the exploratory program. The jurisdiction of any particular wetland/stream is determined by the regulatory authority(s) issuing the permit(s). As a result, one or more agencies will have jurisdiction over a particular wetland or stream,with sometimes confusing regulations. It is necessary to involve a consultant who understands which agency(s)has jurisdiction over a particular wetland/stream and what the agency(s)permitting requirements are for that wetland/stream. To help reduce or avoid potential costly problems, have the consultant determine how any factors or regulations(which can change subsequent to the report)may affect the recommendations. Unless your consultant indicates otherwise,your report should not be used: ► If the size or configuration of the proposed project is altered. ► If the location or orientation of the proposed project is modified. ► If there is a change of ownership. ► For application to an adjacent site. ► For construction at an adjacent site or on site. ► Following floods,earthquakes,or other acts of nature. Wetland/stream consultants cannot accept responsibility for problems that may develop if they are not consulted after factors considered in their reports have changed. Therefore, it is incumbent upon you to notify your consultant of any factors that may have changed prior to submission of our final report. Wetland boundaries identified and stream classifications made by Shannon&Wilson are considered preliminary until validated by the 'I U.S. Army Corps of Engineers (Corps) and/or the local jurisdictional agency. Validation by the regulating agency(s) provides a certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(s) until a specified date, or until the regulations are modified, and that the stream has been properly classified. Only the regulating agency(s) can provide this certification. MOST WETLAND/STREAM"FINDINGS"ARE PROFESSIONAL ESTIMATES. Site exploration identifies wetland/stream conditions at only those points where samples are taken and when they are taken, but the physicalimeans of obtaining data preclude the determination of precise conditions. Consequently,the information obtained is intended to be sufficiently accurate for design, but is subject to interpretation. Additionally, data derived through sampling and subsequent laboratory testing are extrapolated by the consultant who then renders an opinion about overall conditions, the likely reaction to L_ proposed construction activity,and/or appropriate design. Even under optimal circumstances, actual conditions may differ from those thought to exist because no consultant, no matter how qualified, and no exploration program, no matter how comprehensive, can reveal what is hidden by earth,rock,and time. Nothing can be done to prevent the unanticipated,but steps can be taken to help reduce their impacts. For this reason,most experienced owners retain their consultants through the construction or wetland mitigation/stream l" classification stage to identify variances, to conduct additional evaluations that may be needed, and to recommend solutions to problems,encountered on site. Page 1 of 2 1/2009 WETLAND/STREAM CONDITIONS CAN CHANGE. Since natural systems are dynamic systems affected by both natural processes and human activities, changes in wetland boundaries and stream conditions may be expected. Therefore, delineated wetland boundaries and stream classifications cannot remain valid for an indefinite period of time. The Corps typically recognizes the validity of wetland delineations for a period of five years after completion. Some city and county agencies recognize the validity of wetland delineations for a period of two years. If a period of years have passed since the wetland/stream report was completed, the owner is advised to have the consultant reexamine the wetland/stream to determine if the classification is still accurate. Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or water fluctuations may also affect conditions and,thus,the continuing adequacy of the wetland/stream report. The consultant should be kept apprised of any such events and,should be consulted to determine if additional evaluation is necessary. THE WETLAND/STREAM REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when plans are developed based on misinterpretation of a wetland/stream report. To help avoid these problems, the consultant should be retained to work with other appropriate professionals to explain relevant wetland, stream, geological,and other findings,and to review the adequacy of plans and specifications relative to these issues. DATA FORMS SHOULD NOT BE SEPARATED FROM THE REPORT. Final data forms are developed by the consultant based on interpretation of field sheets (assembled by site personnel) and laboratory evaluation of field samples. Only final data forms customarily are included in a report. These data forms should not, under any circumstances, be drawn for inclusion in other drawings because drafters may commit errors or omissions in the transfer process. Although photographic reproduction eliminates this problem, it does nothing to reduce the possibility of misinterpreting the forms. When this occurs,delays,disputes,and unanticipated costs are frequently the result. To reduce the likelihood of data form misinterpretation, contractors, engineers, and planners should be given ready access to the complete report. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of information always insulates them from attendant liability. Providing the best available information to contractors, engineers, and planners helps prevent costly problems and the adversarial attitudes that aggravate them to a disproportionate scale. READ RESPONSIBILITY CLAUSES CLOSELY. Because a wetland delineation/stream classification is based extensively on judgment and opinion,it is far less exact than other design disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in written transmittals. These are not exculpatory clauses designed to foist the consultant's liabilities onto someone else; rather, they are definitive clauses that identify where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report, and you are encouraged to read them closely. Your consultant will be pleased to give full and frank answers to your questions. THERE MAY BE OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consultant will be pleased to discuss other techniques or designs that can be employed to mitigate the risk of delays and to provide a variety of alternatives that may be beneficial to your project. Contact your consultant for further information. - Page 2 of 2 1/2009 • , . vikk4h.__, n _ greentitle 1 a stewart initiative Your local Stewart offices have been Green certified for our continuing effort to be more environmentally conscious in every aspect of the services we provide. It is because of this we have the privilege to deliver a Greentitle commitment to you electronically, without the creation of any physical file. Contact your local Stewart office for other Green services we are proud to provide. Please consider the environment before printing this document. Stewart Title 18000 International Blvd., Suite 510 SeaTac, WA 98188 206-770-8700 888-896-1443 18000 International Blvd. South, Suite 510 6 SeaTac,WA 98188 stewart p M P 206-770-8700 • 888-896-1443 p N1P title - commercial division E-Fax Number: 206-770-6579 Title Officer: Robert B.Jackson Phone: (206) 770-8858 E-mail: rjackson@stewart.com Fax: 206-802-9343 Title Officer: Dave Anderson Phone: (206) 770-8764 E-mail: Fax: 206-802-9221 dave.anderson@stewart.com Reference: LANGLEY 4TH AVENUE ASSOCIATES, LLC Order Number: 208163103 SECOND REPORT SCHEDULE A 1. Effective Date: December 4, 2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: ALTA OWNER'S POLICY, (10/17/92) Amount: ( ) STANDARD ( ) EXTENDED Premium: Tax: Total: $ 0.00 (X) ALTA EXTENDED LOAN POLICY, (6/17/06) Amount: TO BE DETERMINED COMMERCIAL REORGANIZATION RATE Premium: Tax: Total: $ 0.00 Proposed Insured: SEATTLE MORTGAGE COMPANY, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4. Title to said estate or interest in said land is at the effective date hereof vested in: LANGLEY 4TH AVENUE ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: stewart 0043CG ALTALTA Commitment mitment(6/17/06)—Schedule B I Page 1 of 10 title guaranty company Purported Address: 4225 4TH AVENUE NORTHEAST RENTON, WA 98055 File No.: stewart 0043CG CG ALTA LTA Commitment mitment(6/17/06)—Schedule B I Page 2 of 10 -title guaranty company Exhibit A LEGAL DESCRIPTION File Number: 208163103 PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING NUMBER 19990623900005. File No.: 208163103wart �} 0043CG ALTA Commitment(6/17/06)—Schedule B I �7 e Page 3 of 10 - title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water;whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. File No.: 208163103 0043CG ALTA Commitment(6/17/06)—Schedule B I Page 4 of 10 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Format: Margins to be 3" on top of first page, 1"on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 1/2" by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document. if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3"top margin SPECIAL EXCEPTIONS FOLLOW File No.: 208163103 0043CG ALTA Commitment(6/17/06)—Schedule B Irstevvart Page 5 of 10 title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part • SPECIAL EXCEPTIONS 1. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER FACILITIES OF THE CITY OF RENTON AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9606210966. 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANGLEY 4TH AVENUE ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: SEATTLE MORTGAGE COMPANY AMOUNT: $1,246,535.00 DATED: SEPTEMBER 24, 2004 RECORDED: SEPTEMBER 28, 2004 RECORDING NO.: 20040928002302 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: MARCH 3, 2006 AND JUNE 17, 2008 RECORDING NO.: 20060303000541 AND 20080617001049 BY REASON OF SUBSTITUTION BY THE BENEFICIARY, NORTHWEST TRUSTEE SERVICES, INC. A WASHINGTON CORPORATION WAS APPOINTED SUCCESSOR TRUSTEE IN INSTRUMENT RECORDED UNDER RECORDING NO. 20081204000624. 3. UNRECORDED LEASEHOLDS AND RIGHTS OF TENANTS, IF ANY. 4. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S) TO EXECUTE THE FORTHCOMING DOCUMENT FOR LANGLEY 4TH AVENUE ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. 5. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20, 1900 RECORDING NO.: 192430 File No.: 208163103 0043CG ALTA Commitment(6/17/06)—Schedule B I Page 6 of 10 - title guaranty company 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES AS GRANTED BY DEED RECORDED NOVEMBER 13, 1964 UNDER RECORDING NO. 5813072 AND NOVEMBER 18, 1964 UNDER RECORDING NO. 5823627. 7. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 632233. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 26, 1985 RECORDING NO.: 8509260881 FOR: SANITARY SEWER AFFECTS: EAST 15 FEET SAID EASEMENT HAS BEEN MODIFIED BY EASEMENT UNDER RECORDING NO. 8609111674. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 18, 2000 RECORDING NO.: 20000418000708 IN FAVOR OF: CITY OF RENTON FOR: UTILITIES AFFECTS: NORTH 10 FEET OF THE EAST 190 FEET 10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MARCH 9, 2004 RECORDING NO.: 20040309002194 IN FAVOR OF: UNITED STATES POSTAL SERVICE FOR: JOINT ACCESS AFFECTS: NORTHERLY 225 FEET OF THE EASTERLY PORTION 11. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LINE ADJUSTMENT: NO.: LUA 99075LLA RECORDED: JUNE 23, 1999 RECORDING NO.: 19990623900005 File No.: 208163103 0043CG ALTA Commitment(6/17/06)—Schedule B I Page 7 of 10 title guaranty company 12. RIGHTS OF THE GENERAL PUBLIC TO THE UNRESTRICTED USE OF ALL THE WATERS OF A NAVIGABLE BODY OF WATER NOT ONLY FOR THE PRIMARY PURPOSE OF NAVIGATION, BUT ALSO FOR COROLLARY PURPOSES; INCLUDING (BUT NOT LIMITED TO) FISHING, BOATING, BATHING, SWIMMING, WATER SKIING AND OTHER RELATED RECREATIONAL PURPOSES, AS THOSE WATERS MAY AFFECT THE TIDELANDS, SHORELANDS OR ADJOINING UPLANDS AND WHETHER THE LEVEL OF THE WATER HAS BEEN RAISED NATURALLY OR ARTIFICIALLY TO A MAINTAINED OR FLUCTUATING LEVEL, ALL AS FURTHER DEFINED BY THE DECISIONAL LAW OF THIS STATE. (AFFECTS: UNNAMED STREAM/WETLAND ON SAID PREMISES.) 13. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. END OF SPECIAL EXCEPTIONS File No.: r t 0043CG CG ALTA LTA Commitment mitment(6/17/06)—Schedule B I Page 8 of 10 title guaranty company NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD $4.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PARC. A, C/RENTON LUA 99075LLA, REC. NO. 19990623900005 NOTE C: GENERAL TAXES FOR THE YEAR 2008 WHICH HAVE BEEN PAID. AMOUNT: $11,465.41 LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0020-03 ASSESSED VALUATION: LAND: $1,171,300.00 IMPROVEMENTS: $-0- PS/CR File 0043CG CG ALTA LTA Commitment mitment(6/17/06)—Schedule B I Page 9 of 10 title guaranty company Copies to: SEATTLE MORTGAGE COMPANY/SOUTHCENTER 6450 SOUTHCENTER BLVD#106 SEATTLE, WA 98188 ATTENTION: TABATHA ATKINS File No.: 3 t 0043CG CG ALTA LTA Commitment(6/17/06)—Schedule B I ' Page 10 of 10 title guaranty company COMMITMENT FOR TITLE INSURANCE Issued by stewart .title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: S �t -title guaranty company "' Senior Chairman oft e Board Authorized Countersignature q0"\t4gc..' K g` j+?g1�o Stewart Title Seattle $ t 9 e of Company _*.• •__` * �y Chairman of the Board �TEXPSn°° SEATAC,Washington qfrbe1441-4--- City,State President 004-UN ALTA Commitment(6/17/06) File No.: 208163103 ri CONDITIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<http://www.alta.org/>. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029,Houston,Texas 77252. Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. • I ^ I STEWART TITLE OF WASHINGTON Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of STEWART TITLE OF WASHINGTON We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Iwo RIBERA- BALKO SHORT PLAT RECORDING NO. 4 A PORTION OF' THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON LUA-02-129-SHPL OWNER'S DECLARATION: ACKNOWLEDGMENT: LND-20-0331 KNOW ALL PEOPLE BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNER(S) OF INTEREST IN VICINITY MAP THE LAND HEREBY SHORT SUBDIVIDED, HEREBY DECLARE THIS SHORT PLAT TO BE THE GRAPHIC STATE OF HASHINGTON ) REPRESENTATION OF THE SHORT SUBDIVISION MADE HEREBY. AND THAT SAID SHORT SUBDIVISION )SS ` I 1 I ` i, U IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(5) COUNTY OF 1 NE BiG St -J- j IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS, ON THIS DAY OF 2009. BEFORE ME, THE < _ UNDERSIGNED. A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. DULY COMMISSIONED NE 5tE St AND SWORN. PERSONALLY APPEARED TO ME PERSONALLY KNOWN (OR M PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE OF L`_.1. By: THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED < NE 4th St ' SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR !s- 1--1 1 CLINTON T. FOSTER THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE ILANGLEY 4TH AVENUE ASSOCIATES, LLC $Rit MEMBER SAID INSTRUMENT AND THAT THE SEAL AFFIXED. IF ANY, IS THE CORPORATE SEAL OF SAID il CORPORATION. NE Ord — DECLARATION OF COVENANT: WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE �� 2vd ABOVE WRITTEN. THE OWNER OF LAND EMBRACED WITHIN THIS SHORT PLAT. IN RETURN FOR THE - 7_7: _ BENEFIT TO ACCRUE FROM THIS SUBDIVISION, BY SIGNING HEREON COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS NOTARY PUBLIC IN AND FOR THE STATE L SHOWN ON THIS SHORT PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS. OF WASHINGTON. RESIDING IN I I � OR OF ANY SUBDIVISION THEREOF. THE COVENANTS SHALL RUN WITH THE LAND AS MY COMMISSION EXPIRES: SHOWN ON THIS SHORT PLAT. 4.---1- PRINT NOTARY NAME — ' \ APPROVALS: EXAMINED AND APPROVED THIS DAY OF 20D9. NEW PRIVATE EASEMENT FOR �� DRAINAGE POND AND ACCESS 1" = 1/4 mile AGREEMENT: CITY OF RENTON ADMINISTRATOR. DEPARTMENT OF PUBLIC WORKS NEW PRIVATE EXCLUSIVE 20' EASEMENT FOR DRAINAGE POND ACCESS IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON DOCUMENTS OF RECORD: THIS SHORT PLAT. THE OWNERS OF LOTS 1 AND 2,INCLUSIVE SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP 1) A 15' EASEMENT IN FAVOR OF CITY OF RENTON FOR SANITARY AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE STORM DRAINAGE SEWER. REC. NO.6509260881 AND 8609111674. KING COUNTY DEPARTMENT OF ASSESSMENTS: EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE 2) A 10' EASEMENT IN FAVOR OF CITY OF RENTON FOR UTILITIES EXAMINED AND APPROVED THIS DAY OF 20D9. RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE REC. NO.20000418000706. PRIVATE STORM DRAINAGE, DRAINAGE PIPES. AND STORM WATER . DUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. 3) AN EASEMENT IN FAVOR OF UNITED STATES POSTAL SERVICE PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY FOR JOINT ACCESS. REC. NO.20040309002194. THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. 4) POSSIBLE SANITARY SEWER CONNECTION CHARGES. REC. NO.9605210985. KING COUNTY ASSESSOR DEPUTY ASSESSOR MAINTENANCE COSTS SHALL BE SHARED EQUALLY. THE CITY OF RENTON WILL BE PAID PRIOR TO THE RECORDING OF THE SUBJECT SHORT PLAT. SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY 5) RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY. DEFICIENCIES OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE BOO. NOS. S813072. 5923527 AND COURT CAUSE NI. 632233. AT THE OWNER'S COST. 6) POSSIBLE MINERAL RIGHTS. REC. NO. 192430. NATIVE GROWTH PROTECTION EASEMENT 7) EXCEPTIONS ANO RESERVATIONS CONTAINED IN DEED. REC. N0.200603030a0541. THE NATIVE GROWTH PROTECTION EASEMENT (ROPE) ON THIS SHORT Aquifer Protection Notice: B) TERMS. COVENANTS. CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LOT ADJUSTMENT LUA 99075LLA, REC. NO. 19990623900005. PLAT IDENTIFIES THE REQUIRED WETLAND BUFFER AREA FOR THE THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER WETLANDS ON ADJACENT PARCELS. THE CREATION OF THE NATIVE PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY OF GROWTH PROTECTION EASEMENT (NGPE) CONVEYS TO THE PUBLIC A RENTON ORDINANCE NUMBER 4357 AND AS AMENDED BY ORDINANCE NO.4740. BENEFICIAL INTEREST IN THE LAND WITHIN THE EASEMENT AREA. THE CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE AQUIFER UNDER THE CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN VEGETATION FOR THE CONTROL OF SURFACE WATER ANO EROSION. THE WATER TABLE AND GROUND SURFACE, EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF ANY LIQUID SUBSTANCE. OTHER THAN WATER, TO PROTECT MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNERS' AND PROTECTION OF PLANT AND ANIMAL HABITAT. THE GROWTH RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. PROTECTION EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON. TO LEAVE UNDISTURBED ALL TREES ANO OTHER VEGETATION WITHIN THE ' EASEMENT AREA. THE VEGETATION WITHIN THE NGPE MAY NOT BE CUT. PRUNED. COVERED BY FILL, REMOVED OR DAMAGED. WITHOUT PLAT NOTES: THE EXPRESSED WRITTEN PERMISSION FROM THE CITY OF RENTON. THE RIGHT OF ENTRY GRANTED HEREIN SHALL APPLY TO THE AGENTS, 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE REPRESENTATIVE AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE OWNERS OF THE UNDERLYING PROPERTY. MEASURING METER (GEODIMETER 600) AND PEAL TIME KINEMATIC (RTK) /STATIC (GEDDIMETER 600) ANO REAL TIME KINEMATIC (RTK) /STATIC GLOBAL POSITIONING SYSTEM (GPS). LINEAR ANO ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARDS Covenants: OF WAC 332-130-ISO. 2) FULL RELIANCE FOR LEGAL DESCRIPTIONS AND RECORDED EASEMENTS HAVE BEEN PLACED COVENANTS, CONDITIONS AND RESTRICTIONS ARE FILED UNDER ON THE TITLE REPORT FROM STEWART TITLE COMPANY COMMITMENT ORDER RECORDING NUMBER NO.208163103. DATED JANUARY 28. 2000. NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED. CENTRE INDEX WIN RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: N04 H. 5, NW—NW 15, T23N., R5E., W.M. Recording No._ This Short Plat correctly represents a survey made by me „4+Q ,MI I'- INTE SURVEY FOR Filed for record this_da)of 2009 at-:_ or under my direction in conformance with the requirements co .aN Langley 4th Avenue Associates, LLC. Consul of the appropriate State and County Statute and Ordinance Wf°'Ins,PAL 6450 Southcenter Blvd, Ste 106 _.W.in Gook_of at page_at the request of in October, 2008. 0 208 Railroad Avenue North-Kent,WA 98032 Stephen H.Moods. y 3B965 p a'� 253-813-1901 main 253-B13-1908 fax Tukwila, WA 98188 v _ �T�loN�C1$LN„O DRaTE BY: D Woods - CHECKED Br 5 Woods__ _ - ___ _ n- 7_ _ KING---COUNTY,—WAS HING TO N --Seepnen H.roods Due OCt. 21, 2008 ]oa Na: 2275 -- - — - -Manager Superintendent of Records Certificate No 35S65 �' Stoll N/A ORAIINGNAME6P SHEET 1 OF 2 ♦ RECORDING NO. , VOLUME/PAGE JA:. 1* x'~,ac., (-.. 1!.r.., RIBERA- BALKO SHORT PLAT -..';1•'4'. _.,.:�."<.;`.A1. ..., LUA-02-129-SHPL (1-11'~'`•M T A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M. CND-20-0331 z. CITY OF RENTON, KING COUNTY, WASHINGTON LINE TABLE: A.I;1i1 NORTHWEST'CO141TR'HEC..15. LINE BEARING DISTANCE TWP.23N., ENG. 5E.. N.H. �. LI N01'S6'51"E 77.00' N FOUND BRASS PIN IN C C,RETE.. . Y'i INCASES.03/24(9�B.L. :.0 •.•"'�' L2 N35'29'21"W 78.95' •ry:A,,r;„ w�±+ NORTH QUARTER CORNER SEC. 15, L4 N52'5925'10"W 34.81' "' TWP. 23N„ RNG, 5E., M,M. L4 N52'S9'SO"W 34.81' FOUND 3'BRASS DISC WITH L5 SBB'Ofi'43'E 37.44' Southeast 128th Street(King Co.) S89'03'00'E 2585.73'(CAR) PUNCH AT SURFACE 03/24/9B. L6 S89'12'14"E 42.00' 9�10 Northeast 4th Street(Renton) L7 SO4'25'05"E 70.86' ✓.�'. - S88'03'09"E 2585.74' LB N04'25'OS"W 33,75' 18•15 323.22' - - - - �" 346.44' - „�. - - I01 v .1 . 298.00' �� -- -E L9 N24'39'46"W 101.37' I 15 L10 NO1'01'03"W 62.78' �•'_ w 348.51' f 4.00' 71 NQ aiI • 1616.OB' L11 N04'33'53"E 50.28' 50.01' I j //// L 30.00' - - -- - - - - - - _ - _ L12 N27'23'33"W 52.32' 4 73' 197.49' -I -- L13 N12'39'OB"YI 46.25' 0 15'; 298.00' LEGAL DESCRIPTION: j ADDITIONAL PM ✓ L34 N32'52'34"W 51.62' _I STORM TO CITY 10'%190' PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER L15 N65'00'00'W 39.47' .. OF RENTON,REC. STORM ESN'T AFN 2000041600070E JOINT ACCESS ESN'T LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING L16 N57'15'54"W 40.31' NO. 42' AFN 20040309002194 NUMBER 19990523900005. L17 501'53'07'W 36.35' n TO BE REPLACED BY NEC 42'WIDE JOINT L18 S88'10'57"E 48.94' LOT 1 - ACCESS AND UTILITIES L19 N48'22'08"W 39.04' REN LLA 01198 /m LOT 1 [ RIGHT OF NAY DEEDED TO CITY OF RENTON_ LOT ADDRESS: L20 NO1'50'14"E 40.03' m �i' w 04 L21 N00'47'46"E 9.29' j� 38482 Sq.Ft. - iA w L22 S16'09'02"E 84.26' �/. E. LOT 1 I 4225 HNEI M4THAN STREET LOT 2 351 WHITNAN CT NE L23 S61'49'21"E 53.28' O.BB Acres � i N L24 S07'56'31"E 48.51' / _ LOT AREAS: L25 SSB'05'S0"E 52,56' � L26 511'52'22"E 105.31' / --) 34' �4'JOINT ACCESS ESM`, L28 508'27'53"WE 35.89' AFN 2004030900219d f LOT 1 I 36482 SD. FT. /O.BB ACRE L28 SBB'S6'26"E 35.89' /< UNPLATTED LOT 2 107061 S0. FT /2.4fi ACRE ---- L5 CURVE ARC RADIUS DELTA J �� L6 TRACT A 103164 50. FT. /2.37 ACRE CI 54.27' 35.00' 88'50'55' p ROW AREA I 11605 50. FT. /0.27 ACRE J 221•-• SOUTH LINE OF OVERALL I 260312 SO, FT. /5.96 ACRE L28 � JOINT ACCESS ESM'T 20' PRIVATE DRAINAGE I` �AFN 20040309002194 _ J/ _ `LOT 3 POND ACCESS EASEMENT�I 20' o r' m 2 REFERENCES PEN LLA 01188 `� j tl)T2 I in Q BLS (REC. NO. 8902099005)005) �/f 107061 So.Ft. I I HIS (REC. NO. 6902099005) 2.46 Acres i BASIS OF BEARING: T El BLA LUAC99075LLA CATEGORY 2 WETLAND I NORTH SECTION LINE PER CITY OF RENTON LOT LINE ADJUSTMENT w- /� oLI N 4 AFN 19990623900005 NUMBER LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING r c�,a+ I Z m NUMBER 19990623900005. �i1 Y 15' PUBLIC WATER ESM'T UWPLATTEO / REC. NO. NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, mo /�� 10.74' TOP. 23N., RIG.SE., W.M. TOP. 23N., RNG. SE.. W.M. FOUND BRASS PIN IN CONCRETE, FOUND 3"BRASS DISC WITH /'' J I INCASED. CITY OF RENTON PUNCH AT SURFACE, (03/24/W m r % S87'57 0"� I IS' SEWER ESM'T 15' PUBLICWATE CONTROL POINT NO. 1503. (03/24/93) Ns/ / /''S 132,12' '-'� I AFN 0509200881 REC. NOSM'T �9 .10 - 1,0 �,' N m III ' AFN 8609111674 5 �Q /`/ PRIVATE I-'j'122' �g l'P 16 A is 15 IBOg GY N / / r STORM POND II - 3 0 0 C MEpS �9)99 TRP / w EASEMENT N II r = S86'03'09"E 298,00' �• 10�p�'665g COP p r�✓9 99 P '9 ✓ LOT 2 / /�� N I ---- 13113�g6 6T ,y 6�'9✓4pYAc9 REN SP 395-]9 % �'I I 1.511 'A,Pi 9✓p ,P;g9 TRACT A / 2.91 L 118 g,1,5 COG'1'l!-` 103184 sq.Ft,(Gro s) �i 4 IS r p3A NCPC' 50��FOUNO BRASS PIN IN CONCRETE, 2.37 Acres(Gross) YZ; / r�i% <✓9 111 .° p6A 8P INCASED. INTERSECTIONDFTALBOT RD S 72]36 Sq.Ft.Met) e/ % /� - 16n1//Q�I/ .yA'+ COP G 5 45TH PL. CITY OF RENTON UNPLnTTEO 1 67 Acres(Net) N 'YNCF �A1/!�%I 0' CONTROL POINT NO. 1227. (03/24/9B) ♦ dr / TsjLambert Grid North Zone Coordinates fromNot to Scale145.22' GPS observation. Based upon NGS control grid. ____I i 15'I35' 265.14' 1 - 382.51'(TRACT A) N P • RENTON CONTROL MONUMENTS: I HATCHED AREA IS N88'09'46"W 647.65' UNPLATTEO •' NAD 83/91 NGPE ON TRACT A DETERMINED B SHANNON PLANWILSON PREPARED BY I. . CENTRE WEE DATA � � SH4NNON& PR PARED APPROVED BY THE CITY OF RENTON ��. UNPLATTED 04/04/2007 �gN H, NW-NW 15, T23N., R5E., W.M. 'owe LEGEND: eve,�`g""5yy°°o P tO-INTE SURVEY MR p hti :m ` darWta .� .PS Langley 4th Avenue Associates, LLC. gD 60 120 H 6450 Southcenter Blvd, Ste-106 - - -- - - - - --- --- - - -O-=-MONUMENT-FOUND-AS-NOTED.-VISITED-MARCH-2Q d998---- v-- -e -- --2U6-.Railroad-Avenue-North--Kent,-WA-98032-- - --- - - - - - -- - --i-- - - I y 38965 0 253-813-1901 main 253-813-1908 fax Tukwila, WA 98188 Q =SET R4 REBAR WITH YELLOW PLASTIC CAP STAMPED ?3'1" FSTSTEPV'SJQ DRO °Y 0 Woods CHECKED BY. B HSo US SCALE: `CPS INC 22338' Not LAND KING COUNTY, WASHINGTON M ` Dam d09 ND.: V 1" = 60' 9 =SET LEAD IN TACK WITH WASHER STAMPED"22338" Oct. 21, 2008 2275 CON=CITY OF RENTON SCAM 1" = 60' DRAWINGNAM.SP SHEET 2 OF 2 e RECORDING NO. .- . �-�.- - RIBERA-BALKO SHORT PLAT MI • �•::,; :9: : d ':' A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M. `; CITY OF RENTON, KING COUNTY, WASHINGTON LUA-02-129-SHPL - 'OWNER'S DECLARATION: ACKNOWLEDGMENT: LND-20-0331 • KNOW ALL PEOPLE BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNERIS) OF INTEREST IN STATE OF WASHINGTON ) VICINITY MAP THE LAND HEREBY SHORT SUBOIVIOED, HEREBY DECLARE THIS SHORT PLAT TO BE THE GRAPHIC jss - ROPRESENTATSON OF 7HE•SHOliT SUBDIVISION MADE HEREBY. AND THAT SAID SHORT SUBDIVISION 1 1 IS,W OE'WITH T115 FRE5,(pN¢ENT,AND IN ACCORDANCE WITH THE DESIRE OF THE OWNER(S) COUNTY OF 1 NI L S1 _ j .. ON THIS OAY OF 2009. BEFORE ME, THE _L IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS, UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. DULY COMMISSIONED E 13 ah St AND SWORN. PERSONALLY APPEAREO TO ME PERSONALLY KNOWN (0R i_ PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE OF / L�'71 By: THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED 4 NE 41L 8t r SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR CLINTON T. FOSTER • THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE ■ LANGLEY 4TH AVENUE ASSOCIATES. LLC SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID A MEMBER CORPORATION. _ RSTdm • DECLARATION OF COVENANT: ABOVHOTNESSEMY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE WS 2e4121 1J E �! THE OWNER T OF LAND EMBRACED XITNIN THIS SHORT PLAT, IN RETURN FOR THE TS ,, BENEFIT TO ACCRUE FROM THIS SUBDIVISION. BY SIGNING HEREON COVENANTS \, AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENTS OF WAS PUBLIC IN AND FOR THE STATE T �L I� SHOWN ON THIS SHORT PLAT TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OF WASHINGTON. RESIDING IN I I �-7 DR OF ANY SUBDIVISION THEREOF. THE COVENANTS SHALL RUN WITH THE LAND AS WY COMMISSION EXPIRES:SHOWN ON THIS SHORT RAT. 1 T \ PRINT NOTARY NAME APPROVALS: • 1 ( EXAMINED AND APPROVED THIS DAY OF 2009. NEW PRIVATE EASEMENT FOR . DRAINAGE POND AND ACCESS 1" = 1/4 mile AGREEMENT: CITY OF RENTON ADMINISTRATOR. DEPARTMENT OF PUBLIC WORKS NEW PRIVATE EXCLUSIVE 20' EASEMENT FOR DRAINAGE POND DOCUMENTS OF RECORD: ACCESS IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS SHORT PLAT. THE OWNERS OF LOTS 1 AND 2.INCLUSIVE SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP 1) A 15' EASEMENT IN FAVOR OF CITY OF RENTON FOR SANITARY AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE STORM DRAINAGE SEWER. REC. NO.6509260881 AND B609111674. KING COUNTY DEPARTMENT OF ASSESSMENTS: EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE 2) A 10' EASEMENT IN FAVOR OF CITY OF RENTON FOR UTILITIES EXAMINED AND APPROVED THIS DAY OF ---2009. RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE REC. NO.20000410000708. PRIVATE STORM DRAINAGE. CAINAGE FIFES, ANO STORM WATER FACILITIES AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. 3) AN EASEMENT IN FAVOR OF UNITED STATES POSTAL SERVICE PRIVATE SIGNAGE. AND OTHER INFRASTRUCTURE NOT OWNED BY FOR JOINT ACCESS. REC. NO.20040309002194. , THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. 4) POSSIBLE SANITARY SEWER CONNECTION CHARGES. REC. NO.9606E10966. • MAINTENANCE COSTS SHALL BE SHARED EQUALLY. THE CITY OF RENTON WILL BE PAID PRIOR TO THE RECORDING OF THE SUBJECT SHORT PLAT. KING COUNTY ASSESSOR DEPUTY ASSESSOR SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE 5) RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY. AT THE OWNER'S COST. REC. NOS. 5813072, 5823627 AND COURT CAUSE NO. 632233. 6) POSSIBLE MINERAL RIGHTS. REC. NB. 192430. NATIVE GROWTH PROTECTION EASEMENT 7) EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED. REC. NO.2006030300054I. TIE NATIVE GROWTH PROTECTION EASEMENT (NGPE) ON THIS SNORT Aquifer Protection Notice: 8) TERMS. COVENANTS. CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LOT ADJUSTMENT LUA 99075LLA, REC. NO. 19990623900005. RAT IDENTIFIES THE REQUIRED WETLAND BUFFER AREA FOR THE THE LOTS CREATED HEREIN FAL,WITHIN ZONE 2 OF RENTON'S AQUIFER WETLANDS ON ADJACENT PARCELS. THE CREATION OF THE NATIVE PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY OF GROWTH PROTECTION EASEMENT (NGPE) CONVEYS TO THE PUBLIC A RENTON ORDINANCE NUMBER 4367 AND AS AMENDED BY ORDINANCE NO.4740. BENEFICIAL INTEREST IN THE LAND WITHIN THE EASEMENT AREA. THE CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW THIS INTEREST SHALL BE FOR THE PURPOSE OF PRESERVING NATIVE AQUIFER UNDER THE CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN • VEGETATION FOR THE CONTROL SURFACE WATER AND EROSION. THE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF ANY LIQUID SUBSTANCE. OTHER THAN WATER TO PROTECT MAINTENANCE OF SLOPE STABILITY. VISUAL AND AURAL BUFFERING. FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNERS' AND PROTECTION OF PLANT AND ANIMAL HABITAT. THE GROWTH RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. PROTECTION EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF RENTON. TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE EASEMENT AREA. THE VEGETATION WITHIN THE NGPE MAY NOT BE CUT.EXXPPRESSED`WRITTEN PERMISSION FROM ED BY FILL. REMOVED THER DCITYEOF RENTON. THE WITHOUT PLAT NOTES: THE RIGHT OF ENTRY GRANTED HEREIN SHALL APPLY TO THE AGENTS. I) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELO TRAVERSE REPRESENTATIVE AND EMPLOYEES OF THE OWNERS OR SUBSEQUENT UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE OWNERS OF THE UNDERLYING PROPERTY. MEASURING METER (GEODIHETER 600) AND REAL TIME KINEMATIC (RTK) /STATIC (GEODIMETER 600) AND REAL TIME KINEMATIC (RTK) /STATIC GLOBAL POSITIONING SYSTEM (GPS). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARDS TAMA Covenants: OF WAC 332-130-090. l• 2) FULL RELIANCE FOR LEGAL DESCRIPTIONS AND RECORDED EASEMENTS HAVE BEEN PLACED FEB 27 2009 COVENANTS. R CONDITIONS AND RESTRICTIONS ARE FILED UNDER ON THE N3TI103 REPORT FROMA STEWART9. TITLE8. COMPANY COMMITMENT RCHEH RECEIVED RECORDING NUMBER ATTEMPTED. , DATED JANUARY 20. 2008. NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED, f 4v �- I- 1 2100I DM �� RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: CENTRE EN)f. NW-NW 15, T23N., R5E., W.M. Recording No. This Short Plat correctly represents a survey made by me ,g,,,,T 1''''sy Nyook p IN TL SIAM RR Flied for record this_day of 2009 at_:_ or under my direction in conformance With the requirements '(eN IIK.ls1 Langley 4th Avenue Associates, LLC. 3 �M.In Door_oe et Page_at the request of of the appropriate State and County Statute and Ordinance 1 ) 6450 Southcenter Blvd. Ste 106 $� in October. 2008. o 0 206 ReilToad Avenue North-Kent,AA 9a032 Tukwila. WA 98188 Stephen H.Woods. 253-813-1901 main 253-813-1806 fax _-_ _ _ - - J gE,36965 E� OW _- _ _S/ON 6ISiEA Sg- - 'mu n-D-Woods- -— ® -5-WOOd9 PT — _ KING COUNTY, WASHINGTON j LSNO - - - - - - - --- - _ - - - - Stephen H.woods 2-lA_A7 nMe Oct. 21. 2008 JIM NQ` 2275 • Manager Superintendent of Records J Certificate No. 38965 6 N/A DRAWASP SHEET 1 OF 2 RIBERA-BALKS SHORT PLAT RECORDED NO. 1111111111• A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M. LUA-02-129-SHPL CITY OF RENTON, KING COUNTY, WASHINGTON Lxn-20-0331 LINE TABLE ' NORTHWEST CORNER SEC. 15, LINE BEARING DISTANCE TMP.23N., FINS.5E.. X.M. LI N01"56'51"E 77.00' FOUND BRASS PIN IN CONCRETE, L2 N35'29'21'N 78.96' INCASED 03/24/9B. L3 N04'25'05'W 37.i1' NORTH DOWER CORNEA SEC. 15. L4 N52'S9']0"M 34.81' TXP.23N.. ENG.5E., M.M. Southeast 128th Sit FOUND 3'IWSS DISC WITH L5 S813'06'43"E 37.44' (fig Co.) S89'03'00'E 2585.73'(CDR) PUNCH AT SURFACE 03/24/98. L6 $89'12'14'E 42.00 9 10 Northeast 4th Street(Renton) L7 504'25'OS"E 70.86' • 588'03'09'E 25E15.74' 18 15 323.22' - - - - �^ c 348.44' ^), - L8 NO4'25'OS'X 33.75' (ni v e o� 298.00' --�L-�4 L9 N24'39'4fi'W 101.37' 0 v f01 15 L11 N04'33'53"E 50.28' 50.01' ( J n• ) 34B.51' ! 4.0 t0l re .) 1616.OB' 0% //// t ------ 3o.os• - - - 'I L12 N27'21'13"W 52.32' //4.73 1 '97.49' 1 - LEGAL DESCRIPTION: L13 N12'39'08 X 46.25' ` C 35') 29B.00' AOOITIONAL R/X / L14 N32'52'34"W 51.62' DEETED TO CITY 10'K 190• PARCEL A. CITY OF RENTON LOT LINE ADJUSTMENT NUMBER L15 N65'00'00"W 39.47' _i C. STORM ESM'T J AFN 20000418000708 42, JOINT ACCESS ESV'T LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING LIE N57'15'54"W 40.31' TFN 2004030.Cm 194 NUMBER 19990623990005. L17 SO1'53'07"W 36.35' n L18 S88'10'576 48.94' TEVV 42'WIDE JOINT Hems AA9 UTILITIES L19 N4B'22'013"W 39.04' FENLOT I m 1O RITOGHT CITY OF RENTON LOT ADDRESS: LOU N01'50'14'E 40.03` LOT LLA 01188 /n LLTFf z N c. 38482 Sq.Ft. w1 U 2 LOT 1 I 4225 NE 4TH STREET _L22 S16'09'02'E 4.25' v L22 S16'09'02'E 84.25' 207 0.68 ACree N LOT 2 I 351 MNITMAN CT NE L29 561'49'21'E 53.28' L24 507'56.31"E 48.51' .-{ L25 518'05'50'E 52.56' '.."3 Z ` AFN 2004D3UNS EB4 l LOT AREAS.FT. /0.88 ACRE L28 SO8'27'53,1 f85.74 �) 34• 34 ,AINT access ESM'i L28 688'56'26"E 35.89' 97 j NZ.,..., q U19LATTEO LOT 2 I 107061 S0.FT. /2.46 ACRE L5CURVE ARC RADIUS DELTA � ^� L6 TRACT A I 103164 S0.FT. /2.37 ACRE jQ ROW AREA I 11605 S0.FT. /0.27 ACRE Cl 54.27' 35.DO' 88'50'55' 22y�� SOUTH LEE OF OVERALL I 260312 50.FT. /5.98 ACRE L2B // � I I 7 �•079 2 ACCESS E3194 o 20' PRIVATE DRAINAGE I L/ AFN 200403SS 02f94 C POND ACCESS EASEMENT 20' �° '� �� � � REFERENCES LOT 3 'T/ % LOT2 I I m ^ PM IREC. NI. 19990623900005) - " FEN LIS 0118E • /� 107061 Sq.Ft. I ROS IREC. N0.8902099005) 2.46 Acres I n BASIS OF BEARING: m m I . H TRACT 5 I v - �CATEGOflY 2 METLAND� 0 0 I q BLA LUA°9075LLA c NORTH SECTION LINE PER CITY OF RENTON LOT LINE ADJUSTMENT w z AFN 19990623900005 NUMBER LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING tU J I SNUMBER 19990623900005. .11 roG I N m m Yi ilia _ hI Y II 15' PUBLIC uNHATTEO nWATE REC. NO. T I NORTFWEST CORNER SEC. 15. NORTH QUARTER CORNER SEC. 15, c ;,w' Sp,7q• 1 I I FOP.2BR., RPI.IN.. X.M. IMP. 23N., ASS.SE., X.N. AO FOUND BRAN PIN IN CONCRETE, FOUND 3"{MSS DISC(ROTH • m /' I I INCASED.CITY OF RENTON PUNCH AT MY/FACE. (03/24/98) 59T'3e$tSz�---I I 15' SEWER ESM'T IS' PUBLIC CONTROL POINT NO. 1503. (03/24/98) // % 132.32' AFN 8509260883 RECERNOSM'7 i �9 •30 10 ,e_sm 1 • AFN 8609111674 iii f Jir II' II S E••4 - 4 ,t TA / j / M RWIPpD I22� 1 B,jyPP 16,A15 ..15 78�9� iu / w EASEIENT °!I + -1 10ST' �pP 5p '� 9998 Lai 2 j NII I) r w SBB'03'09'E 298.00' ^ NOS,, .6L6 y 3yBg9Jy�, 31r RDA SP 395-79 / ^II I I N 3NN3� ,•p jJy7 (g3` / Cy --II2o II. I , :"'S . �r'Yq�s i 7RACFA / //� 2.91' I L 18 I PS ��(y4 103164 so.Ft.(Gross) / % <t A 0 FOUND BRASS PIN IN CONCRETE. 2.37 Acres(Bross) {�, ,/ S r� /y<>9 ,yc 03 A ��INCASES. INTERSECTION OF TALBOT RD S ustAtlEo • 72736 So.Ft.(Net) Ne! �/ 416 n��%/��1�� ^ �63�jO�AA.i Cam` 6 S 45TH PL. CITY OF RBJTON 1.67 Acres(Net) N .. T 4rFj"//�I N6 e9 0 CONTROL POINT RI. 1227. (03/21/98) IF' ,'�� J/f�� N29,S97 Lambert rvat North Zone uponoortlinacon control grid. ritl Not m Scale / i %�A ; 1,-- : GPS observation. Based NGS control 'S 'S %• 265." RENTON CONTROL MONUMENTS: 382.51'(TRACT A) 'JSp �,•'• ASS 09'46'W 647.65' • ITBLATTEG NERD 83/91 I 7NR3®AREA AS I HOPE ON TRACT A DETERMINED 1 IIIIICATION PLAN PREPARED SHANNON ASSOC.µD E .4' 0'DM(Mid �1 APPROVED BY DIE OF RENTON CENTRE DRATTED a/w/sao7 /" N•� p INTE NW-NW 15, T23N., R5E., W.M. ��Q,u1 a1 g140O sueaTTOR o 60 120 LEGEND: w �� Langley 4th Avenue Associates. LLC. i3 e -MONUMENT FOUND AS NOTES. VISITED MARCH 24. 1998. 2013 Railroad Avenue North-Knot HA 98032 6450 Southcenter Blvd. Ste 305 /'1 T y1� _ ' ,� 38965 W 253-813-1901 main 253-813-1908 fax Tukwila. WA 98188 SCALE: • SET 64 CPS INCEBAR 22338ITH YELLOW PLASTIC CAP STAMPED rJ}D D4`ESILVL�SJR ���' D WOODS CUBE $WOODS _ ie LAND KING COUNTY, WASHINGTON -- -- _-1n _-BOP -- - -- _® -SET LEAD IN TALK WITH WASHER STAMPED'22338' - - Tt'A..:f�_ OfiD Oct. 21. 2008 A1BeD" 2275 __ _ _ COR-CITY OF RENTON sr,11 - 1" - 60' � $P -SHEET-2-OF- 2 4_ 1 J Nature '''',/ \ • '\-�It-- i \\ 1 ./'11 i ' 1I 11 1/I11! . / JI� } 1� , m 588-03'b9" \` \ 1 r\T !N III /'_-' I 253Aa0.6067 49-•, ' / l l 3 ..�K-I.4144. \h\.V I I',I,I,/T'- . -I/ ; ii I:I't .............�mm...m — v%,„ ..6.m.4.:�e..0#,,, \\WET,IANDIAR I I t_,o -'' , LOT i 1 ` I I t ,\ ' 11i11 I/II►:I�-�� ILL4D_ph r/ // I .v - P i '�I / III / I�a�tl •\ \ `\j - _ I \\ I i.�}A ��'1� ,\ KEY MAP WETLAND/BUFFER DELINIATION \\j- './. -L1 1 44�I' 'i1 \\ ,`\\ \\ I ,1,+ I11 / T�,41 BOUNDARY \ \ \ I SYMBOL PLANTING DENSITIES SPECIFIC AREA QUANTITIESj. 11\\ /�,��/ ,BOUNDARY - \ y j/jPpSTOREDI]3 F1HEE REOb TREES-12 \ 1�1\\,�\ , PIMA 1\',` \ \\ \`\ 1 I G y ., MPTi 400 SHRIIBSEPER ACRE .ob SHRUBS.>6 [3 ,`\\i�1`�,. „I \i\ ` ` w'����'1 REsiORED vfiUND: RESTORED WETLAND - / I I\I�` ttO 4)0$ A:9?`N 1 ; \\ I Q. W O - ��,1%i APPRO A]�1�EE5 PER ACRE RE"TREES'-43 1 1 I. C 042trAI APPROX. RUBS PER ACRE REO'D SHRUBS w 128 I ,\ \\ I y I I O Q', u APPROX.200 EMEROEN3 PER ACRE REOb MEMOS 64 I\ / ���A+�,``��,� o I // 0. p:m / CAEA,E MIT LION WETLVID NEW W£TLAND'B' NEW WETLAND'C' - Nt. \I���`I���IA,' •1 ry i — `\\ —1 O m/ ODGiREEtPERA[Rf gEObTREES-A REO'D TREES=IB pp \ \`S�B'03' \"E\ F: W/// 0%. SHRUBS PER ACRE pEOb SxRUBs 60 REOb SHRUBS 54IR ���`'�`i�9p9�0Y:�% 1Y\ I 0 — ---\— p --, e - NPPRO%.]00 EMERGENis PER AORE REO'D EMERGExis JO flE0'D EMERGENiS 25•WETLAND BUFFERCJ A�S �' , o P. 5 L R. 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GaLf„ ao.xv6,e. // I • • \' ` 't1,--r \ \ TIT r /1 r�v I / WETLAND/BUFFER HIDROSEED MIXTURES ., - 1 I it \\ / 1 I / / WETLAND MITIGATION Nature b Design I //I I / 1 /1 I I / r / WETLAND AREA SOIL MOISTURE CONDITIONS Y B m 588-03'b9• \ \\ i T ;%i�;�-' l./ COMMON NAME SDENoFIC NAME PERCENT BY WDCNi PLANT LEGEND TRACT 4 �'�, I '`Yz \�\ �.O 1 li I �� WETLAND/BUFFER TREES �(� _ \:,E.31OP ugAC ?: 50x ` "iW l I/ I/ /i �:r iFR FOxruL ecvrvs gaoirvlotPs SOR SYMBOL OTV DESCRIPTION SIZE `�°:..•,..'.v�•�.'�' 'r V"a l I 1 1 ' .77 A.''.•'It 7 \\ ETW10/AR I i„- , vT .""nn'°"°c I - W UPLAND BUFFER AREA SOIL MOISTURE CONDITIONS I ._ 1 15 A Big Leaf Maple 5'HT.MIN. 263.JOO.G087 \ \ I I I ILL4D=2hIS� COMMON MAC SLIENTIDO NAME PERCENT By NElbli . \ \\\ /Iq,54, ?G \ 11 I I I Big Leaf Maple 12'-15'O.0 •�.,.i,,,�e.e..l.omo ron \ I 1.:,. \ \ \II i ll \ I COLON/AL BErvTCR055 AQimua tennis toz 1 '41ii o \ N II \ 1 EBaE F .ca arun naceo • 27 FrOrego 101i(olla 4'MT.MIN. \ \'''' III / II'ti a. \ 1 1 `)r 1 _ I I I TALL ;MORASS v..o o tie.a SON ® Oregon ash 10 F_Ts•O.C. 'g5 1 I i I 4 1 , 'I -'\ '\ / 1 1 aiEEwnc RED rtSCUE ';,'Al,'_• �� \ /�X \ 1 APPLY AT THE RATE OF 120 LLBS PER ACRE. 2 Picea silchensis 5'HT.MIN. \\j'• I(tl I �/1 \ / \ I REFER TO THE KEY MAP FOR NETLAND AND UPLAND PLANTING AREAS ® SIlkO spruce 12'-15'O.C. 7. Il' J//,1 0 pti ix,\yET(gl\ip \ \ \ I 2 Populus Irichocar 4'HT.MIN.1\I;�\(��a/" 30UNDARY _ \ \ po t\ \\ / Gail \ \ \\ Black Cottonwood 10'-15'O.C. ❑' \' \�\\\j -� \1 �\\ \\ \\ 1 All1 TE0. R'AT 41:1) 15 Prunus emargenala 4'HT.MIN. \i I\y- \n IV • .TUNP,Tm. \,11 \I \ \\ I OP bitter cherry 10'-15'O.C. I ,� '^s' \ I H 19 Pseudolsuga menziesu 5'HT.MIN. mil•- IL. \\;.\Q'f9. N=:0.'09'W I Douglas fir 12'-15'O.C. p'a r. 1 1 I I Cara., ®� 9 a O M t\\\ \\ I F y - w l_/ 1\M 1 .\®aO o ` \\ �` I PYF 28 Pyrus rusts PP< 4'HT.MIN. o t�11Uf:` !!by 1 i�✓ © • Western crabs I '-8'O.C. Cy, GI, o m I __ (;r (y "'I�.t"a 1 Sk&03'i•' O N w _ r�"" ,�-.'];P� �a'g;=w E\ 27 Sall,silchensis 4'HT.MIN. G 26'WND:UF „'„'Si '—] O ---- ® Q+' A �I 0\0 7e) 1.761 Silks willow • 10'-15'O.C. a a-n a G la AREA=5603\SF I, - 4'9 \ \ ♦ tl,.,„--"Tel* I 1� t- I ti ® +(� \ y— \ - ® 18 Thuja plicate 5'HT.MIN. 05 O RERGRME OE SLOPES\ Y` ��, \\\ ,'�' ® -\- \ \ _ - e e _ " ry/y,�,� T— Western red cedar 12'-15'O.C. D. CRF4IED LiEnArvD j< Z ,d `, C.Y fti ® ,. \\\\ \\ \\ - c 2 Populus tremuloides 5'HT.MIN. P y o a rL R \ I rD `WP y, >] rl \ 40,.�-® \ \ Quaking Aspen 12'-15'O.C. S 1 r•y-:•'a `- EroIANCED BurFER \ CJ °' }ta, vio- 0::.�Jo ab �6 0..O \ \ \ a i It MY '^ AqI DI % (� ®�lill \ \o \ 1- - 10 DOWNED LOG/TREE 3 STUMPS \ ® \�``_ \\ See Detail i ii See Detail / b/. ' � , 0 000© ° \ r_ - (_ IN- - UM ROOT - - - _ / / Y O" 0 `^� \-'- DIAMETER WETLAND UFFER SHRUBS CREATED / \ 1.A�1�o o/ --of 0 D 0�. Of \ / �' WETLAND'B' / r`°.yy' �'��B nr . Lt o ® \\\ \\ STUMP SYMBOL OTY DESCRIPTION SIZE N ' ©rt iaPD• I ti0. 7/0 �O ENHANCED NETIAND \ NOTE:TYPICAL VERTICAL LARGE WOODY DEBRIS CLAD)FOR \ i+• ' / " oa ff .106 SF. PLACEMENT IN WETLAND AND BUFFER AREAS. Vine IM oil'1�_. J O ®p ® o� \ O 28 Acer Maple 2 CAL. \ Y1�{0 `�YF?N,i ® "c5'� o Pie ®6'O C. 400- s.,14\'L�"(e / Ofo� k ®' "Od® OBI 1 \ MlNluuu zo LENGTH 1 44 B Oregon Crepe erberis nervosa •®3ALO C. REVISIONS: _ .'\\1\\\\ ,i\\ SOq 1 0 __ 1 LOG.Up \\ MP oo e1 C°rex obnuPC 4•Plug _ p•'• // r\\\\\4\\ `�E{', I 1 I \ slough sedge , ®1'O.C. / ` \\\\\ `\\ �.1 ` / / 1 1 ' \\ \\ s )( 4 Corylus cornula 2 GAL. • I / `' \ Cia7 C � I / I I 1 \ n hazelnut 4'O.C. \ / 1 I\1, \ \Q \C \ \ 1 .T 1 0Nilk\\% i j I I 1 il• ) /' \ /I I \\ O 80 Cornus stolonfera 2 GP. 1 1 1 �-3� \f� 'I Eq%\WE� ND BOUNDARY / d l / • w L-i, red osier dogwood ®4 O.C. 1 1 \\�\ \�`,5�W4ND BUFFER ,�0 / I `LL"'llfil=1,ll-JI ll:ll I JLall illrll I.B.L.'�,,y 11KI SJIII"�i / \ \ \\\ I il-il- 11 ilr-11-11-11-1i-I dMI 11 it il'Si 11-T�il�ll O 44 Gauthena shallop 1 GAL. \�_�� ��:\ \ O / I TII ®3'O.C. \1\\ol I I1 \ m t/SI 20 DIAMETER III-�I-- DRAWING ISSUED FOR: I i- n=11:nI Ir=n \\111111',A,, (E^'��O \ ,gB.l , LOG AE to ABovE Roor couAR •I.1_'I.'IL=1l 1taNn ® 80 Physocarpus capHatus . l VL. / \I I11111 1 �,, `1� NDTE:TYPICAL HORIZONTAL LARGE WOODY DEBRIS(LWD)FOR L�.1021:�I-I=p nlnebark ®4 0.c. AGENCY .. ' /IrLlll �.'• \ ,/, ' �%-c 11.1,;11-11A;11. REVIEW / ---L'p/I.•��In'�Y \ I / PLACEMENT IN WETLAND AND BUFFER AREAS.(MAY USE ENTIRE' / /. \\ ;_ 1 TREE). 44 Ribes san"Cru m 2$\I- -'.*, Kk a'1 Ea,a„v t / li; L < \ i O naw<rmg turront ®a o.c. / Q 'a'�It \\ \� 1 LOG AND STUMP DETAILSCI) DATE MARCH 25,2002 1;an \\ 4 Rosa 9ose ocarpa 2 GPL. ❑p I I/ - r'iC `. ,'`(D^' LO i .)\1\ 1\\ \.\ q\ \ 1 wild ®a o.a Z\dn[]YV4 \ .A Ln,m O \ \ \ \ 1\ 0 speclab it is 2 GPL. �C G3�L 0 1\1 \ \\ didinwz eD Rsoinanbemy ®a o.c. f� Gi 1\`;'\ \\�� � (\ ,-\ \ \\ \\\ \V utus Hardst rus ac Bulrush ®1 O.C. L \\ \\ \ .,4174 W \\�1\ \ \i\'\ Q 41 s',;'us mitre,,%us 4'Plug STATE,. p0''/ I \ \M i/`�, '`�,�L'\..e.e .0%. \`\\ o\ —, I 11 fruited bulrush ®1 O.C. gEGIGTEREU 1 i \/�•,.y PRE •c°r'�, %Fe.o+��\�L (" 01) 46 Srlphoricarpas albus 1 GAL. UN0 ARCM�cT I • +yr��jV�jj �1 `>�o:>, '\ \\\ \ �\ I snowberry ®a'o.C. I'll• / / . 1 L�. t, `\ \V,• \\ \ I 4 Rubus parviflorus 1 GAL. �_ CREATED WHIR CI 1 • / ., y #9 It, D \\ \�\\ \\\ \\ \ I / Thimbl<befry ®4'O.C. xATHEIaNE CAADE SIDE SLOPES TO ' Fy •�) p�` > \ \ \ LERTFIGTE N0.892 - ACC040DATE NEW I •j,AEM _V'r O `\\ WETLAND AREA / F,1T11J�- y',� \ Vf\\ `;Y:\ CAEAIEO I I or,,-..:N,� 3':,a.•'�ie -0- ��\ PROJECT NO.: 0220 V � •�05, FILE NAME 220Lt-1 NETIAND'r T` - 1„�"w!'it° 1_ 1 \_ \ xatBFs: COAL DRAWN BY: xL0 1 r T�•R� t itA +i -�.,'1 EX.DRAINAGE SWAL / CHECKED BY: XLO SCALE :1 I t `- - 'te-- w'=---J,igD-`� z---,IL,'" f~ '� , -v--E STREAM, WETLAND AND BUFFER SECTION DROAWING SCALES:1`=30''D s s�fis I ENLARGEMENT \ _ -_ • SCALE t'=10'-0' DRAWING CONTENTS • �` ��" CREATED BUFFER STREAM, WETLAND AND BUFFER PLANTING DETAIL N ENLARGED PLANTING rnureD Evslwc ENHANCED ENHAHDED PLAN&TYPICAL ENLARGEMENT ,, 3 wRAND w6nND NETLANO BIIFrER SECTION SCALE:t`=30'-D' VPDRAWING NO.: ' • ' L1 . 2 - 2 OF 3 / RECORDING NO. Proposed Land Use Action IIlia A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC: 15-, -TWP. 23N.,- RNG. SE., W.M. ___ _ __ _ _ __ _ __ CITY OF RENTON, KING COUNTY, WASHINGTON DECLARATION: ACKNOWLEDGEMENT: NOTES: KNOW ALL PEOPLE BY THESE PRESENTS that we, the undersigned State of Washington ) 1) The monument control shown for this site was accomplished owners of the land herein described do hereby make a short )SS by field traverse utilizing a one (1) second theodolite subdivision thereof pursuant to RCW 58.17.060 and declare this County of ) with integral electronic distance measuring meter short plat to be the graphic representation of same, and that (Geodimeter 600) and Real Time Kinematic (RTK) Global said short plat is made with the free consent in witness This is to certify that on this day of Positioning System (GPS). Linear and angular closure of whereof we have set our hands and seals. 2002, before me, the undersigned, a notary the traverses meet the standards of WAC 332-130-090. public, personally appeared _ - to me known to 2) This survey represents physical improvement conditions as be the person(s) who executed the foregoing dedication and they existed April 03, 1998, the date of this field acknowledged to me that signed the same as survey. - free and voluntary act and deed for the uses and purposes therein mentioned. 3) Utilities other than those shown may exist on this site. Only those which are visible or having visible evidence Witness my hand and official sea: the day and year of their installation are shown hereon. • first above written. • 4) Dimensions shown hereon are measured perpendicular to •- - property lines. 5) Full reliance for legal descriptions and recorded easements have been placed on the title report from Notary Public in and for the State of Comonwealth Land Title Insurance Co. Commitment order No. Basis O f Bearing: Washington, residing at H779539, dated November 23, 1998. No additional research has been attempted. City of Renton Lot Line Adjustment No LUA99075LLA, City Land 6) This site is subject to rights for slopes for cuts or fills 13072 Record No. LND300193, filed under KingCountyRecordingas per instruments filedp under Recording o. 63 233. and 5823627 and by Superior Court Cause No. 632233. No. 19990E23900005, records of King County, Washington. State of Washington ) 7) This site is subject to a Declaration of Covenant document )S5. recorded under King County Recording No. 9007250508. APPROVALS: County of ) CITY OF RENTON This is to certify that on this day of DEPARTMENT OF PLANNING, BUILDING AND PUBLIC WORKS: ly0a, before me, the undersigned, a notary Examined and approved this day of public, personally appeared _ to me known to _A.D., 2002. • be the person(s) who executed the foregoing dedication and ORIGINAL DESCRIPTIONS: acknowledged to me that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. Parcel A of City of Renton Lot Line Adjustment No LUA99075LLA, City Land Record No. LND300193, filed under King County Recording Administrator of Planning, Building and Witness my hand and official seal the day and year No. 19990623900005, records of King County, Washington. Public Works of the City of Renton first above written. KING COUNTY DEPARTMENT OF ASSESSMENTS: Examined and approved this day of —A.O., 2002. Notary Public in and for the State of Washington, residing at - . King County Assessor Aquifer Protection Notice: . Deputy Assessor The lots created herein fall within Zone 2 of Renton's Aquifer Account Number 322404-9051-09 Protection Area and are subject to the requirements of the City of Renton Ordinance #4367 and as amended by Ordinance #4740. This City's sole source of drinking water is - - -- - - supplied from a shallow aquifer under the city surface. There Not to Scale is no natural barrier between the water table and ground Northwest corner Sec. 15. North quarter corner sec. 15. surface. Extreme care should be exercised when handling of • Twp. 23N., Rng, 5E., W.M. Twp. 23N., Rng. 5E., W.M. any liquid substance other than water to protect from contact Found brass p:,n in concrete, Found 3• brass disc with with the ground surface. It is the homeowner's responsibility incased. City of Renton Contra] Point no. 1503. Y punch at surface. to protect the Cit S drink in water. �9 0 10 4-6 0,0�g5 65i1•,. 1 - 15'0'9 ,51, , ep 969 60 fty of Renton Control Point il ' ,03,9� ,p3fi� 12• 27) .0" Lambert Grid North Zone Coordinates from . GPS observation. Based upon NGS control grid. , s INDEX OATS p===M1 Centre 33701 9th Avenue South RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: N E. �, O Federal Way, WA. 98003 NW-NW 15, T23N, R5E, WM Q pF yASy Rs "01 • (253) 661-1901 Suxvex me. RecordingNo. This Short Plat correctlyrepresents a survey made by me 2�:Y.�7yoo2 ••',� < or under my direction is conformance with the requirements : `.. J Pointe Ribero / Balko Enterprises 6 Filed for record this__bay of . at_:_ of the appropriate State and County Statute and Ordinance H e\'� 16400 Southcenter Parkway. Suite 308 _M.in book_of_ - at page_at the request of y z�o¢ bl in August, 2001. Q Surveying Seattle, WA 98388-3302 b Norman E.Larson. � y 2233a J `� �`r!p f�j5TEQ4'SJQ' --if: ceacK0D By. KING COUNTY, WASHINGTON m 441 LAN S Woods S Woods DATE JOB NO.: Norm E.term ewiKsl2-15-2003 Aug. 2, 2001 1839 SCALE HANG NAYS SHEET 1 OF 2 Manager Superintendent of Records Certificate No. 22338 �•� ��� ���� ����� DNA 1639 • • PRELIMINARY ACCESS PLAN 11 a WIVE E„PLANE Cr OR. !e °N E.,. ( ,q. Ex . NNE Ne. e,--------- WO, 0- NORTHEAST 4th STREET \ is u+N"c<n cNP E == m, �v c i,•'s ,P.s..ta a t5 F,..1]("Ip —+--e`;\ Jr UV, = mu °.a-'°"" _ :ic cs,�c"w — \ 5E WY.POUND ` •1°N9llLn,:'--- - --]B,tll '�0�•� `•- 7• _ �� $ - x CONCRETE ` eP1wsEo� �\ .0 v r u xEW �....r, —•-- sqa --. 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JS •Y j Di I ,� -- 1 I3, -----" MONO W.LAN ` / If a WC\\ \ I 1 I¢0 \\ ) \\ \ l / ...\".•''1, 1, b _-. \ s I\ \\ \\ \ . `\ 11 I = E IN°UMW/SEMEN W➢1 \ ` S. 1 1 ` ) yI fy `[`-,� R MIME m¢,nmu+r ,o 1 \ \\ \\\\ \ \ \ a"C I \ �\• o,Trouxu mis sumo'.', •Y•si %• I d`. • ° �N°STORY DRAIN PPE \ I• \ \ I \ y - "• DT FZNeE. \ b 1�1 f � •. mv� / III} \ \ \ / 1 \ \� ;' III 1 '—�•� —55ga • I i I I \\ \ \ \\ \ i.\ I \ 1 11�;•M'*`• - // m Q MONO TYPE I CORN 8.4N ' I o` _ I\ \I I) a ut Pew,e"e cee , , , , —"`, \ `—\ 1 lr. \r'Stnxo r \ j� \'`\-;`•'=-Fob/ N o DIMING TYPE E• PROPOSED TYPE Iu,°I aESN .Sygr, a'Es 2g3R I I 8 I.\ \ \\' \ \ /I ,o Q��N r.�NY. italit PROPOSED AIDNLLT MOW I—� � -^'9a� \'•.- /ti,�.�. 1 I��s.W�t / --8- '� r O ` _rL�bW PROPOSED Wl7AeE PAN)0R / • I \_-�-_` \ / /' i /J R L-- v t i R \ v_- '' - / ,- Zm IS= .. 1 0�R I \\\\ EWFN ut% °,s°."n°,fi r `�i O \ \ \ - \'I / \ "$: A round ms cbo ` MUILTEP : be.CO•''y - PROPOSED CONTOUR 1 \• \\.\\\ ,I on.3. m Tar P\°T°°ov\75•, TSe6Pgm:e rc„.q Dete/r /a ear/2°o: I.,, S ,-w e...xmrz mes-ezn5t,-T.z]s.,-S. _ . \[...run,\ • • H 9 PRELIMINARY CLEARING, GRADING, AND DRAINAGE AND UTILITY PLAN V) I Ex.ORs2 I j11,14EX I IX.UPrvE IE-3]A.Jil9s'CwOxLt' rn C—� �y a - ASPxu,'vaTDUD-ovoaccr--- JI tnvE I o+ 5�vww.rPc`E d ] \\`•EB].B(=s-oiP E) P '9 ,�:san]o -•_J..-SEWER we:no;E '• �IX 1 ac.:i SRU:.ewn-+n�E } w3}ino� ••n.,see 91.N95A�e9 Pu 6s O --- `: +. Au Bxa • :'" * B •NU-1tp�1•.q now,r,»- ,.\wnu BRASS PMIX COOCPETE —'— VALVE $ i: * cSiE ° \.,•n NIIIIMIIIIIIIII • }•' S'-+x .. _ y a �`„ T a 6 a 4-,a Os �•• r-f,.'.Asr4� I JF 15 I IXW ' nI '.' � I •a z Ern"aFPERra ri k IkE"1 j-,.-- �•�.e�®,�"' ig� �¢ "wm., ;�,�.,._. . _ ..°t },.P"e ...:'tE9�'.;,P..:.,. 11 �— P�JYo 41 S E.1 \ E-40, " \ I/,9•i ,,,"m VD,r?".. 'yuo q��A\ `• •NI '� 'P, -m•d+�r` 1, nm� `w. •° w R TOW 1M1NOLE° \�f .%,--�.L• 5 If J6'W O Ou,d � • •�2 e 11 a 0'1 \'� .•. �',.. a•A` ' STOW .9J e0 t 1, ea>• Z• O / "_/• FEW Q3 TYPEt � ;el v N i5.�..RY i-- \1 /' r/ ,.a' a,ax E-' :GDP"mom„ =� •sP"'s 1/1 Jy*r -JBB.. z-r'�' tr I ,.k / �s E.1: • WQ r•ao' o 35DZ1E P11 �,' \ / 1' r ..,r r ;. i 4 1 �_ II. r ?gate,"° A•„ Al I :�,�.9 f t` �' \ \ . / ,wro EJneooJo �N.3� / s 51,ORu PwVVO E 9 �, \ / 1 , , •^ a-,%si&U.«�v s{ i1 P " �i I IIII I fJ�• / \u I I..:. / , \ r i :e°w„y _ J it nICA BY 11: ,�.•f..0� yy �so D son / ( . I fib' K B.Cw=°�E`NM FO; ", / ) may,• S,) g IW ,a V, 14::i�`Ti:.� :--/- �'1, t;a 5'E°,En" '� \ _ III;°f� <-I, ' \ \/ \ 1 I�•• I :,I B. , w,T u.p. `) U:: d .°,�,6,,.,,.°°., a c e • , I f / \ \� i.,a 'le'l i 'r ---nI OFFIcE / fir,-, il I/',7V1;E°e�e.. [r'z 2` 'w Er RA, ,• I '' ")a I \,,,„. . /^\ 2,;...6ri I i s°g ,e cu,P nEl E \\ r''•a?"� �\��,/ y, • ,!ram' �- \ .x.'-'1' r4 -A,c� .Er:\ I` I. I'I'°I 5 z a6 h' \ Il\\\ ��I� \\\ ,`.,y' la' e'6� _`�' % 1 I II. ,_�il W a 9=>,uu R aea,E ,e`i,4 �/� ►t� N°) "; \ ''.! ,..u+RRTf,. / {\ U. �e pCEPRO"`� :J• ' A�'` \�.,% 091E 1 _w:\ I "�I -Ja9:i(ApDi. ' FF GFMO / / it i € �10 .C. ;�3' \\•� - - - ::" \ `•. L•' t=�i;I'� M.42 -ladri•we 5, \ / / ii i\ • IE:fsZtEiz9E° 3 ° „ 1\4�a111 11;��`\ A` �g 1 *IL y "\A T \\ \\ \ \ 1 k II / `- I ' ram ]r II 11\ \ i'. P uu"=.[.. °I""ra V1y `\\,„ 1!r^'.• \ \ \ • \ 1 '"':: 1 I 4TflFT ' I I •:I;� . s sN, 'CUE", IIII . "'41)\004 1 J 1,. \� \ 60Ea\5��•o :rl! i��_1 ' : l = I. n 1$ \ r' \Y_f ,`1 / /l/A�• ;e" ,'� �•u• 1 \ w: / \ '= � \, \� i-- 1 f fir iis� dm_'esx''a /,7l/(.I I p l Bursm • '; � J�,"'I� c .-,,_--1; ~.,,__ \\ I I kii— \ i I.3 — g f 1\ I i , T 2 \ •\ t �. II d — \ \ Ho„___.,--- ` \`EA aEE.PE .<E 1Ea[a✓o „IP,crEP, ,k'�\y•D,\ 1.\\\ \1:F'' I i 1 \ I ,'•nri E3147•aJ o o ,, ' �( B :-.",i fi,'�`s�•w, `� ', • 4 ERS,M°MERRY SMR MN •.,p k I , • b• — //Zw I ' ' I. i I / % / I \ • 4 K s EJmPom•ATD aAm ,,.`. \\\\ \\\� s' ,\ I) ,n Jy'. T, .'' g 1 SPAIM NS ''P rAl". / I A�•e. O fIOSRr1O SMVFMY SOU YAVHWf � \ `O,, I • �1 p / 1 .... yqn• \a E A FRSmIC ERE XriYU1FF •]° _' / \\\' I\M" @ou\ g ; 1 .�[.S)B.O \ 1kiner° ' I6 , rP \o,W ERsrwc SIaRu DM PIPE �'" '' 1 ` ,\\P 'rf— .. ..- I $• !uryinllll \ 11 ;�' —., 1,.. ::_�_1-1:_l,11-k -�1. l._l It IP,°ei a a i 'rox E Ex` wlwosED SO PIPE ";'r''9�9m<+a no,1,�J �� //�•,\p \ • j�;t// '1 � q•' f•' i. d3es3',\ei {'-'1:-'l : �'j--:` .--_y` ro n _'° S g I Er,PRES 9/v/m I o o�mlc TYPE i GFax WWI 3t.L",°.i3',.<:1"i%.l' Il/ /t�3 \1 1 1 G3 \\ d\ 1f`\\ \ 1 I II . v, .: L ! I, i--r--�---r'�t-�-- �'J° two_nk • O PROPOSE,ME a I C TC 6.A501 t \ ,� • • \ \,\` ,� ' ` �1� ' . L{P_ ` „a ti Vi PROPOSED TYPE CATCH HA9O, '� 1 \ ilk—.NII IAyI� rc Lig_3 ® PR 4, PROPOSED A9PWLF PAVEDEM T' %ev• 1 S fL�T58 \ \ \ \ ® I •1 ' w s''irio. \ • �'•/ /°S°°. _ H ,, g TT'FP smug wmoow ie _/,e• I.LTali°Pia °k7s]i'r\ d \\,• \ �.� 1 I . }1,''\ Bne CC a y,1. I I 1'" x i'etc'/�'� ," ^3.',- -+`-`•LI F ZICED 9iF9t AVFA �'C°MwIIE�14a0oCat, Q,,, \\\r z.`, I\y. \ • "•I 1 aµ�1'v may'• . / /i=-� Nw«`e ;;rti,�Rr:�� I I ( 3',\\`\E,L oa ��gzE � \\• � '\I �•\ 'iiO�'0 I I If°!-\{Ep' ,�/ � "�" . m a t,,R7,5'.�''S PROPOSED RIP P.V PAD Set zesar aM ([�z.... {Y:�x p S mmPm'Ls Jz`�3B ,(;''�'• •I '1 `d'\ �f•� \! :�ze it i.. ky.wv irx\ 1 \ \ \ 6i€ , e' rc ��. •.=�— ♦. a (t} ''.''7.s.\° ) '�'''Sr r 'te \e• j' x---•— `".V--*• a y�N "'9 j/// PROPOSED WEMID nu.AA ——1Y -\asy� }80`�J.''"' -iy 14/•'-••1•a '/F ...a, - -2,� -r --COY- c Nkt.�_ .. PRWOSFD COXfRflE PAVflrFM IrIwciE.tMMiC-RIrW.r1 +s1`'-A+`I(i^� / 3 "m"'°. /z \_` - = •,' > - Z v '� --__EOM.MINIM \ -- \\I j \R' •:' pi FOVIx�Oi45 b'e z .PROPOSED COMMA 4• \\\.\\\\_ 1 I OP Er Q rue:P\O]W.V ON6\w.r•°Nory\]N6p.A.9 suleR a/O./Z001 ,Ail Scoter6,°nval t-.0m vels. Z]5,6-F.Z I.H6-S EZ z]5.6- . . • RECORDING NO. Proposed Land Use Action NM A PORTIO N OF THE NW 1/4 OF THE- NW 1/4 SEC. 1.5,- TWP. 23N.; R-NG.--5E-, W.-M— - - -- - - -- —- - -- -- CITY OF RENTON, KING COUNTY, WASHINGTON NORTHWEST CORNER SEC. 15, TOP. 23N., RNG. 5E., W.N. NORTH QUARTER CORNER NEC: 15. FOUND BRASS PIN IN CONCRETE ` Southeast 128th Street (King CO.) TWP. 23N., RNG. SE.. N.M. NCASEO. Northeast 4th Street (Renton) FOUND 3' BRASS DISC WITH • �0, PUNCH AT SURFACE. _ 16 15' - - _ - N88'03'09'W 2585.74' REBAR AND CAP 969.65' - - - -1616.09' ' is 10 STAMPED "LS 22338' c 1• ` Y N88 .'03'09'W 64fi.51' of :I 314.51' "cI 34.00'I 298.00' ET REBAR AND CAP STAMPED "LS 22338' \ ` \ 386.03'00E\ \� 1 67.97y \ 542 Fst. \ \ / \ \ / \ \ z \\\ ti \\\ \\\\ v \ l n 2J n CJC.F-1 n • \ NAI,03.09"Wl N\ 100.00' \ \ N S8803'09-E PARCEL. nRCEL. '3 \ I 145.00' \ \ ___,..Imo oi \ \ \ BUFFER \ EDGE OF \\25,0 WETLAND ` >Y \17, \ 11 15' SEWER EASEMENT REC. NO.B509260BB1/ z \ \ 8609111674 z `. \ \1 EAST LINE OF THE WEST 1/2 \ OF THE NORTHEAST 1/4 OF l I 2 NORTHWESTW 1/4 OFEST SECTION OF THE \ 1 15 201867 Sq. Ft. \ / / 4.634 acres \ I/ / \ l \ l \ \ \ \ % 588'03'09"E 298.00" • • 1 \ \ \\ \\ \\ \ \ \ \ \ ----\ 0 60 120 • \ SCALE: �\ \ REBAR AND CAP \ \ I / STAMPED 'LS 22338" �\ /// / �' • I / REBAR AND CAP 1 O 1 I STAMPED 'LS 22338' 1 588'09'46"E 647.65' •' SOUTH LINE OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 15 INOE%091k �1 °'"""""""""''"''' Centre 33701 9th Avenue South e�N 1614,4,,,.54.. C,,, O Federal Way, WA 98003 NW—NW 15, T23N, R5E, WM pE (253) 661-1901 SURVEY FOR mo���.p};] w Pointe Ribera / Balko Enterprises `\j"I�y �� 16400 Southcenter Parkway, Suite 308 ci a Surveying Seattle, WA 98188-3302 �'ff 9F 22338 C1BTEAE�JQ,� 06879 BY: CHECXEO BY. n f0 S Woods s wDDaS KING COUNTY, WASHINGTON . N41 LAND E%Px11Es 12-15-2003 0E Aug. 2, 2001 JOB NO.: in, 1" = 60. DRAMS NAME 3839 SHEET 2 OF 2 • • pnad 6pX°I Lne bead and w.bs(.anon cwmm.)'mtwny pall. CONTINGENCY Y PLANM ropose omensat.y • miligatien plan f.to meet the Derl.mvnce cnlmla noted STREAM, WETLAND AND BUFFER MITIGATION PROGRAM nth" "'w'"•mmy.wenml°wa" ° bmmmll genes. wlame ale above meok l,rap e, :io undertake and complete required remedial ions � . O1.a^n nag sbeawawn 1.Replacement at the and of let year IWlowmg prated consWcbM cull plan that d net survive Nis first 9 tear. Such replanting may be requ'ved prior to mea of the first ail antra monitoring determines that akaL allw Ir.., M,m mh ar.a rmld s.h ea a.< b.a bon year g Nature b Design 9b?:hn,/`"p aGs Iva war,fd�a to ant . Y g g IOOi requirement will not be met Such replanting Shall be held!a line same requirements as the initial planting Ramon goon r.ennIndependent lots would create usable -f manna•a ,IImt Fran m• r g(D°z _'— w ana me)m p Ion dm,lat <y mtn e.o tln9atwla t°ea.gala line focal me°. he I.TM1aI RDS o/all Trees o rubs lamed mbm etl Burin a In i I m�iyolian iy p (sp ) g lh itG conslruclion Tod are olive and wrvge• alonpmmi�gr� per' _ heGIU t the entl of the liw� menil rill cmnmunity bawem me,neter and Iwo mane a t.gI nbblt oI Iwzl°SSs Gn�m Y a o od. 9 year q pec'es rmaway standards and enKmmmta woteetbna the!ono tans ma proposed as a all of the N t GI ocen,meet.N the objettives of the landowner to create a wable economic development wt.Dm City of Renton and he City of(tram. Ipl}v coNroge e amwncv Cnledo. ♦.faa Nam lane NNW p Should additional re s be required,me GrokcL proponent• e City of Renton staff to _ /compensation for a== me/ale s - t u•end°f de feel ,t00i.tin°Irma ana w.°°uu ey panted rat be done,n a eMa ro In. establish and define C.C.S to be taken to meet the desired goal°f this.program.In able Imp.. Ns area ca.loted a 460.1 enowNove wetland masc.includes 2,533 square feet of existing R....CM.. AI v Ie non be Mw.bs y. a e.n m 9 iron mmn q pe eo.°I I".Trees ana Noma(specie,eombned)lullaby dont=a 250.i60.606� m0w,0MI..,.. B.1J a Net of eniZ ale rode Renton D w=t'aY r9•"'I'd m<anpm,°t�,In,n. g r d Uv a oopure..ni.e cr u mdmvu l el naanot o'f Fweinl alp ntte:L nd ewer eat a eclev ndifI teal cmmnl < wv de ore eewr mobitots f pans a bbm common m Inv ld b are°•Irma n L of ed a aged lY el Fenton g r wvllvne Iv ee enhance a Il>�]60'xq xre.teal. ° p ennoncea wetland gyve ma the mnvn[pr eul er areas O1r(.j dawned m p one would placed Fran Ice crested.nand area.Ins e placement of habitat features(Lea and fallen tree,)wit.the w.tea/rest..renmd ana m.enm°ncea.6ene mess A memum GI elan(.)wage ond ow(6)a mea Aga vela placed tall u I I M n IN PLANTING„10%BACKF,: S •'i,. m p an ore Son rued.coin Inc.prone arena.pant t°the nstre.nabd°ts.dO • =mole stream .me enhance COMPoSTBUIxED TIORWIFd/4xY N c calve mUm are t fiesta. tar ea timid/sMecm mmwm race hie y.=rvgrapne°oer.ltzzN'eea,m"ia°navxl mobtal uta,m,m,least NO spectra v maanae bade sal be emumenlea wmgh LANDSCAPE NOTES SEE '� mean M k.c.<RAx,001.1 11ES 1 eon(60 e,il� J 6 PIS DECIDUOUS TREE GREEN ea.ml°mfu 'I°11v M1a blla rl w kdw Nose alecy, LANDSCAPE lREC STAKING E p9'remmE le slrea°�w The plant communities aelected..identified plantNg obtain.as nure stack fran o local Y BEFORE INSTALLING e°Dlant eP t°Mcrevae ant a�w vtcn inn PLETEL EMOS!LUNG APS the habitat features ln.b habitat f. w u D r p i Increase mw.habitat▪diversity min 0 e adw stream mw.Infl.c,aa.r a e cowman e.. .mse.nawr ndbuaL,am e,nanro m.awmm pna lerrosma m.uonmenl PLAtTr pools,splash pods,mndl backwater v y habitat diversity)°` cox Tnu TON INSPEcnON o SAST ES DRIVEN(NTORM +�, and/eV Y v°leant moment. Inn...mltl IurNe. ¢ Su DR02 tw O - p Bed y emeolbnel• a ma leeliw Imce a mlm wlen eon f edur�In^to car wtory m n'8 M SAUCER .WITH N and planting Mossitat .placement..es Nguaa a CO''' G ENSURE PFOP2-MULCH, `BASSOL Olt project ER SUBBASE AMENDED O nSTS C REFER TO F G ,•,•,..n—,...•....Par...cream.oegraded...a....reb.rces would be restored.enhanced.and I o onay,uon As a result of this stream.•eilland.cnd WIN restoraton and enhonternent plan Nere w.loi.no net Iles of reguloted CFETE AND OMER Og DEPMS greater wetland function and vol.and greater N..h.tats than present exist onsite or would devel.nde "d°��...lent e°:"n:ea°'°"nu y r CL BFIS iFOu PLANTER m inn xra'(L a e enhanced m and a N9)required p 4°a hydrologic 0p � 'S 1 P. I- matt o ana. PRIOR r0 BACxFILLMO � III e oat Ice plant community �HEN BFB.REMOVE pion elements Include the placement of a potective fence along Ne outer edge of the establiNed progfuture establishment of ram qualityler p G °sea r D D m i=f�r - AND PIANTN� I — — o anFE AND F LE DE9GRmn0N OF TE PRIMARY ELEMENTS Inspections I= — — — — III_ a construction — - t BURLAP MF aF�OP__ I 9.I - 1 >_ v\ 1 l ll — Of ROOIBALL N � C of 415Tgs m wa/eVe n(a I- nal planting pion are utilized SCARIFY.DES Of mf� atmatl°n rot°°°I`I ttell•euuee are - el n MCI�m ate w ac � _ `I•Moll be resposible for ae.ring that Ne specie,and sixes of not,.pion.selected and noted the tea)°O retlona rgl <r eN.alm ri1 acmes — .< m.mall. p m i° wma��a �II� III—I I_I _I =H- - — I _ �— 'tor<Dwd and.a maml,e.alma°.diva,.r<mled Mnpa<t,a Ime a„,Brea Ito. • marvcn�'/daminspect. s b....led t°Ion.City a Renton. - —1I I-1I I-1I L—I I- =aL u"=n"'"' a r' anger.v1 Ie dmrnq mtbna m —I I INDICATED IN 9N ME `mlgny or•9 w`te ton an(Lei° iI)°.m Ilfiea I spec ea and m,nwllms mad loot Congdon ie ant heath ommntrc dmt.rang 2 X BALL DI0. :Ieerdi Imrn Ina rave saevt q e rala g n.awn There.dI be no vaw=ve g Ie the eon t uo./irdeo me Iv be roeoraea or eocn yant g p ths(n.mDq° e g awih) TAMP RTO REMOVE D `ryd,crmeerns AIR m Tim POCKETS . < n or am °m • ck;l iaaa'g ooFr. a .am.oe Fr o m.aI,Gn°n nbe..allon P q aea m ,p ma,inn p g°m. lemmat 'o(C'1,%m I edemt..m..,e >and b.I<r .at. m,p F)Lmig)r°mdb. aoe a e mDaa m,mn. Y xmmm.M,.wbn,ma,.., DECIDUOUS TREE PLANTING LANTING 1, matruntod an adw ,,wpmme n 9t� ,° 01 m ,•.7.ma.emte a v,bon mwt.me ..me 1wecaa echNue is darned; & STAKING DETAIL a. project inspect. o.fin N`we n e°.0,eect. =apo °mom r 001.yma doe Ir lmm I.m• p , .noun.^.p,Iatam w°errwon wrm. mmmlimaanort.udIvme y Rmto ..umrunr on e corletaeoIm aaq w(vl 6.1ST square area and/and NI' 4)" _ R EVISIONS:be Km _ d. ot would TPmnC°.mu an .".. an) n e enhanced through me Ndml removal of invasive shrub°° garbage.and Ice into ration°I a wide dive e r of nobw _rted Into buffer would oleo be enhanced Tho total amount of existing degroded weecod to he enhoneed egems 13,760 square feet. t +£ I e<a°n anr.e: o• nI(I en plant tieola. d identified off wetland pti be and 1.ea. t In again.I I b will record t m T RANS olm4as sw n a volunteer trees and shrubs nth,ore replantedgrowth) ere P project aaeq e`t eO grow.e1 MO ACxRu: ore emo.d m..wow ay.ba a in tall t f man`• SOS EIDSRNG SOl SDS I/.u: _ ° e m, °ion G a fide e. oat w trwa wa mwea LOw051,11c MO1WOly NV '.•Habitat features.ch as snags and logg weeks be added lo the created and enhanced wetland nr.s ana.R. maa/m ee(J)of Apr.and month between ...r.,,Ine first and second yeall reileerng Fd,compensotory mrlpgatuel area Greet.one.Mender-mg Malt Pe tehryd u week 2...M0.01 OPE SEE Na.av me dmvmmtarim v mace mnoee t. tANpSGR NOIFS MEER FREE wnmlan ,awe than Front con... °a�amm�<m°d..m.m vs m area more ammmam r pit g m m.e em<M / P e=l17.le,a m evg mlu,=ana level of bee,t g g amid mtn m Z.tvo. gale .nmr Imp m g Ice c P Ion of 1 E pd11 AND BURLAP IS ,,� zsi STAKE ORDEN 5 Habitat features such os snags Nd GREEN III COLOR.REMOVE iD SUBGRAOE hmrtm aw y wroth,me active stream channel p e,ec°ur pod pa e,small baeu-vter pools, y boot diversity):It °O°"fR° tna amllnea Ia once .°(Imp Iva a mba,Imr ma to a moo n •canpistan ° (ARIFIELT BEFORE INSTALLING SEWRE S1AxE 10 FREE W/ Bmins m net t.m ore asxx�Gma buffer•IDuld be marked with huller lawbfa°I signs one fenced t° co aNct biologist ref lw•pin 1°°°p s that snow the entire area The,photos will Now p growth.plant specie, p ( PLANT NURSFRVVEN 5 iWE DRAWING ISSUED FOR: 61111 wvma and.era.nnUea cum G ° .a Nauda me poor°eowmantatlm of Ins ytapOl`nb letin rapnl.gI ee salt to the y e Fmtm. ens mserwtimn inn ISIte vat Fla FORM SAUCER M EOIBNUWS RIM AGENCY T' _ non CH F TOPSOIL m REVIEW .ENDED BASS.REFER TO LS Io gym°only men I.ecllonv n Gean�m,an°p°v.wma•a ee v.aea.Ion .Seq.M d uNseerc R FOR DEPTH DATE:MARCH 25,2002 4 Av eati empmeect a ebbs vl mute adims _ won ma �e, amlrucbvn ond,nut Wyy• � rj' RE REMOVE AU.MRE an°,w ibun°a°<ie. m aaalnm wIG.�e Impxmemanm°f m,m aaan,n nnan< g amen mla be mwnu e t bon construction areas August Is 2002 I_I — , R RmI . IDENTIF of oll IED TASK Identification =1JI-111— IIIIII TEPD RS"D�D gnn ., p,Gkcl w(s,-w mllligGllmSeedin m wetland areas and"Puffer.w.ement Of n.lml features Plocemmt of buffer9 end protective fencing November III= U nrvbm°r the male/reamed neo ma m arocmnd«pa t tv mP•r aw ICI tM1e) — — — — - _ SCAAIrY SEES NN BO1TW �� 11=1 1—I R.,lm at M wma g p Post planting a Inspection teller Teporlt to c 1111/11111 1111 I1111=111=_II-I anT.BAr9a1r,,O clt °I inn <: Net e:°"y°ra°gy mmatmng�u a°a week m°e i°.°e through Awg 1006 mat a month ear through September 21p1 1¢gaurzD w xOrzt CO.AND OB.[cnvES Or THE uITGAnON P RAu 9 awl NapeclNn uvy sa0 I /exN 9•EDERS.RATER AND 1ne fAreily I,.mn a'planttpG�p t.September°HI,'z EVERGREEN TREE STAK N(� ro ISMD1E AR D0D�TS W STATE 'm'm;'w enFryre,IY'monAdaq tonnighwaiR00.On.amall. r g Sep...20D. PLANTING DETAIL pp�aj` landowner • °' 4•o.oir.e 9 p to Cum py°015.`3 WIDSGrSTERRLmHrtEcr development criteria t0 meet puwa health ands Y gwemwt city roadway quireme l a t asocial. t growing a t 1o0.20 ...Os. Lrequirement, pee.,o create a viable...do devdopment within the City of ReNton and Ne clly of Rent. ix ape nwmmm° egr.,s °no City October September>o,1 GOAL the following oe,lE'envE9 and PERFORMANCE CRITERIA now been ealmnmed to apply to ore rmlm.one 'a gla;Nq and report Sewembe 10 300l0' wnanc...ma/strum cvmplev eat rMOclober 1p, i won. d .dart lnmeet September 3 2006 KATHERINE OWENS Fourth grNeng season_ o md`,tr a V.V., fall Flgectlen I e r er 30 2006 CERTIFICATE (mar.rcewe Wow�I.e"I regimeater . mNf Manama �e^9e,p pas,growing season fat r zt.er 20.z00T ter otter • 506 of may•ceed 6 ne^ea for N. .s of Imo a e wnle^r' season. •pemam into y pentode. se ° In devotions nOembsemltiea v s Fri n the on PROJECT NO: 0220 "hoot.with.Ne rout spmni abundm ceonestng on P,vgrom- REMOVE ALL WE WRAP FILENAME: 2201.1-1 men(lot of m(you wi)w amph,ban,,on without trapping I also be eempel<a wamile Frio°veil ew�bl(va.aed emmbm,rani,the u n I5 Nches°I eve. Sol the.eon.wetia.are° O q e nmmer narvn theae ,,cavemen nit b.dm.men ea within the Vegetation MonaRepair.noted oeaw REMO.AND BURLAP FROM X-REFS. CIVIL Obk.woB pp W ux1ENAxCE pu e�yanl<cmmunllle,m _ MULCH TO DEPTH SPECIFIED IN NOTES TOP OF ROOT BALLnsTT DRAWN BY: KLO •ac use%slur. tim ago.Imo n anO/f't door .� m9at" H G i0021 (R CHECKED BY: KI I um a y nave.-6550)i( °p/v°p ° ° — fa° g t p erg(Don,trine.smub/°w0.ST c umber that do not a monlmand 'out mire r Renton sluff. Tone owr.mpcbw n to edam.unant.rb.plant FORM COYBNUWS �uCNOED BASE TO PLOT SCALE: K 1 INea ion the...Iwem Ru '.,'S6 NOTES FOR•DEPTH DRAINING SCALES: NONE Apr Cv wale u .mdtq(0.15 m1 Not Ir - ,,..�a nit"« m.)me wall �11=11-(1 % REMOVE ..:17,1'..man m e eMmad a.nn �— — .madng m:aani�'d„m tr bd.ew m.mmn Goa L.°.elm.„ .a.Atha m Ieaa a'"$z amat A,n.wrmw s<plem°.r al m.ra�`;<°m am q tm.�m GI tI°,e wa°nl:a:" —I 11=11— — — F0L` c min mat w^M' D a ER _ CI I I_I BURLAPED F TDP .a eH,m,r GI Im,I w fiat<aw.age.,Imo our m w,n.mm lal pI A.. y��m�Eme•_N Iran r mroal�m.a p.<,Ia Ion MN mfn.b,La.-..go M th. Ima.nq a .a n. w m E INDICATED IN HirzIN-,11— 1I1=11=1_- I I1=11I- De,..TB ALL DRAWINGMITIGATION PR NMI...anted°. .N.wd m the realm Oa,Iwi°f te•tre.mtl shrub,Na y planted we be w and eon I growth. ,°Ile > un 7e;'ad mind won.< qe m;.Z.I p tla To min naam r°rem=.t e p emlol fat"arm ID IN ureRs N NOT I I E HnNc BaexnLL: MITIGATION PROGRAM SBee a mtifo,.,a p .al;n m.Id Oerod ar.m.iI b.hemmo TAMP TWD l I1=1_I=-L=11=I SBf EMSrivG SOLTM5G0„/.M,NUS PuxnNG NOTES EMOVE AIN POCKETS — II . COMPOST,MIXED LY 00 503• l:°d�tv0M ono m.n Irinwvetanlan e met Reg.. The mate mat shall Nepect plml haler ,our.the I 2 X BALL OIA p lOg u CH i19E SEE •IF c;,',I NOTES'. DRAWING NO: • REMOVAL r mvA9vE NON-HA.VEGETATION mIenTonl.ltma toe. 7',e, 'lion o alp Prmkdq Wo^ 2:25TTELYB'OQEM'"''UNc IL ▪ once.vegetation bmd monitor.,program„ tee Mal plants listed In the yreed SHRUB PLANTING DETAIL PLANT. .mime or buff.).5 that the,species are ad ey D g^0e establishment or mor on cold nab plant communities. • 2 OF 3 • • E TOPOGRAGHIC SURVEY r IT i h i i 1 I r. I IX:o_ DPNE RATS R IE W N "' RN \`\` A OrF TI Yv , (Ae'cuP U f 0.tt ]6 SxFrz uMOLE A eil eMC4ELE ` a- "/R 6BS. r" ' Oniv0 WEST) \. , a t44Jh„ ia" p n uon • GQry r 11.11PR„M x OIXRrvEj — ] _ 'I -�-=_ ..•..,=,a._t..- x< • LEGAL DISCRIPTION� EMS,.TIRE NEOn _ A/ I.r / lr; xcrr? ..=c=•,., vumo , I, ( �� —-r ,W'' ,� ",, I, 'p' IIy \Iaa• @'�, Ir__r_ , 'r'•�+Ue' _ ' -- - (As PER w\sulFwG TITLE wsuxwa co_xoazszv,ETEo a/zo/z!) 70,4 r,•n �-.\ t. `y.•� 1 b,•'�- 9'' n¢usr,/z of n¢xox�N.u14,14117 xamxxEs,/a of rxE } \ \ \` ., HIM=Isi 6 6011 z / '- •_�-•. I''. `•� d MG COUNTY. lECi` 15. NOFM.LE!F/ST.WY. IE=.ez oxi.•DPP a) \` �•,; \ Pq I zs•YAM r• /� P ,N) 1_..... - x (\`r,,. G M x F — °,Lb^ia \ '\ /f, / { • Sr�-'pq( � / -•-� ` -..�1. \•' anmcaF�LSd3YYe" IXCER POFIWN 1MAEOF WN4EYE0 TO NP1C CWNIY fOfl SE,29fH 'S'S6x04 w. `1 s`' I / 3'^ Y, I .. 'I"M / SIRFEf.UNax NNIIOR•5 RE N0.SetJll>T @ O o rAw1cN•cu tr ! / I/%I (_/r' 'i` "• :E''_ I 4 I�^ ( li, / r .4'��le,. aw Exc[m w.mi um uw[rus uro rg wnrt m RDED ONTA Oc 1 / r I, Ivz, V- 4 / \ 4�_—•, r S 9 Fa NO.3o• nma Wag ItWNASwrWLr®1Obi LLATIN5 1PiLlS ! ,3qy,l%b/ /£j \gyp , l�]"'j ,,� �. �•• p ]F \ / i = trtmEwimED 41WTE w rilE CIIY OF RF1nax.cOUHtt OF ImiG SI''' 6wo:E i+iv\ '1' /'1• i.v \\ Tr'or-if ,'ee' :,,,e ,•• • ' III I -'.'�F-ti-,el l ' / \ Jai J = „,, aF wTOGETIA�L'�o.ININ na:FORMING row s""((z'CUP N� mi` \• II I IIII /I 4, ' \ I//1/ I k I"•/ l 1 I I / \ �r y., IE_''39237(12-.P sl u \ \ r' >--y_ \ E ,So•' IrEn vroxEm rulmxu rmE wsuxu+cE ca xo.A-z]a6]a GrEn (([[ [ \ 1,„ I / / I I {;S•;s c oi'EPL'�M. V%_ mE WEsr,/of nrt'E..Lsr, of n¢xom,Nrls s I /. I\"1 �'A.°` ' r• J'') I I I .7 '--f- I I.: - E/a00�1�E NORMIFSt I{OF SELTON,!P R]NORM. aw 'P iE 1°ar` 6No • JJI l II 1 '�'l l 1 rya•° ( f 1^sTl a^ l _ E!EAST.M KING EdNTL.MACRON 7 / I ;e 9 • I ` V i ice. T- -"PCS' ., e - {Q.-41 a al Ea,l 6n° I sH s*o GMT. 9 1,`��'j'\^''I':'v'�' / \ \ /,-.\ \!'• '" •f 1 1 cIY� ,�1: 1 /108 MEM n¢NOM 30•FEET THEREOF, iE•J89 64I6-CUE AE) ` }' ' ( 1 I 1 /03.INC 53 233.F CSNOER D p NPK COUNTY 12 FEET COURTTHEREOF CAUSE ki \, + 11\\\\••/i ,i• Y''' iK.\ \ \' I •1,1 III 1 ;j_I-!�'-iil fI /( I�-L r11 qi 1 .IGNG uzzc�o'uxir SOUR/EMT.a,imx STREET 132,0E212 TMR¢a RECORDED O z .�E L1 s,,II\/ ‘ ' \\l) '' - �L' \,r, I Tom---- / J 1•�5 -j1 „• DELM PS A RTON OFF TN=3,,wUNDER N'ort°mlts IPAClWS Fla NO.sux"E UNRECORNINGDED) w+aWF+ STORw" 'J6 3+ S �— \ r' y r�e.]f;s i / / 1 VL• LEGEND W 8a _L0ef]6•CUP s �` "11 `^\\\� �� �\ \ I .:1.... 1 \ 6'--I Ua �€gL.i l6a,,,:. Hi \ i��\ 1 I '57 _.. '4'I ,�6 EGa�N 'E > \\ \ ,\ W 1 - t • \ ,. - _ .,+..� + U MO TYPE I GLEN BASIN ❑ O ER r r I 1\\ \ \\?'t \,._ \ \ ":.I I r C i...; } ING AME c- IE=SBE Jlf]L'CUP xj u, I •, `.\1\ \r r ` / �`9 p'\ \ \. ?lilt. ; .. (� ( /....... —11.�- '`• E ING STORY Y SEWER W2 CCr 91 °' sroRv L.u1Hal I. �` I \\\` e °:(1I� '�c____ ,L; ' T'• \ r„ E%ISIINc SANITARY SEWER MANHOLE ng C PCUje ORATE .\ y• I I `\\\\\\\\� \ \ \ \ 1. �a ::lsllt I �'Y „•'ram I 19 eT .. I O g p \ :,I�..11 rwl \ \ �J11�1;.._� - EXISTING S IA¢!SEVER LINE \L. ,r% �;1(al\\e° ,..` \ \\_ \ \\ \1 \ s::.,. 1 .e \ .'•''. \\ : 1)''0 / - EXISTING I;" E E,M." "•/II { \I( / ` I ! I''7, 1' 'M1 �i1 141- �+ r I •\ - ' V*'"u.Ienc' • \ II / \ % 4y� \,\ ,\\ \ I I —\ \ • ,We :EIt 1 \ \_=il ,� o.fi,9 COSTING rxAiE — — \ \w \ �w_ lAllt a • D'inP i.gftsy:t/: \\\ '\ d°\ I \,' \ r' S;:11i - 3 Y, \.�� �_: $,I Danz I.P.,EaE ��Rr �„i;, ,I. le. I r� 1. 1:.111 . . r't • tvl v. fp` 1 -_I-_I 4 EE61NG 6ft'll TREE . ill I+75 \\�\ •\ r, nn 1 I /- /�/{ I ,i, 3 �a o • F0,. . , ;-- :,,�' \pI\\\\ „,e„ � s's ''\p� �P•I i;..�+t?4 , . ; ' • _r° s6O WTIaE f 8 1 yp , \ ->..� 111 I . '"�. L _,,!• 1_::l l,�1::1--.1..- 1._-.l�. l l.-.p=�:�::l--.l._:� 71E% d 5 d X f �..e\. — --6�i���I I� \ \ \ Y• I. k E 'rrit of CO G WDRONA IRFE rf.`•ntY Iji a7' 1 ir \\*il d' \\\\ (\` `\\` \ I I f'�'�10' - 1 :��;�II I L Sl-�--'I„,i E%61WG MN TREE :� \ Si FN L CN4 II/ ` / \\ \\ \ '\ \ \ / ) I • .'. t'-"'' • •�_. LASMO NUM TLaE E I PINE! V.I. I ,,, „a.\,.1 \ \ •.d \\•,, \) \\ \ eE•r• , :gig• a':' . _,]}u • v5i \,,1 \\ • .r:::::7' x._E--—-.GR 9 / �'\i s. •1aG' ,c \ �/ -iq D •(„, - \e' d ,lA ','�r�li*,"` , EI61WG ALDER TREE �;3 N --A/ \+ \ \r\ \� b d\�\ \\c 'r( '"\ 1 t'r x�. >,.WAN VI r �' f,t .,. p-M 0 `\\ \ p/ ' a' 1 >r' A[, �aq, /_ EFSIWG EOf10H.000 TREE \ \ •—AA 1 \�\c e , Snag NrI,HGLE \ag ' , ': I. r- w ie *: 1"� / I I\ I. \ \ \.\ \ I p \ \ < I I '1 a — BASIS OF BEAFllNGS II ' 1 1 S. s,Ar / . wxrN sr,.of sEGrnN,!Neau! .L. a n a- d r° b I I '1' \ •"��..• \ \ {\ a 1 •' 'n ,E-L?_• 1.. jF / ,rya na s vs aA/m.cs 6 PER KCA(s:,,NOy(R�MxIWWpE OF rxE otrm '0 / 0 1II j I I \ d` . ``\ ,\ . _v3N°T 11 I�'`\ \ L°„et �O sl d i .� IIaAO b sCpN,s WAS SDm OE E9BDM IXL mI V 5 i 6 mP6a 2s°xi3ss'\ /•_`` -.'\ "\ ' .ir_— : �- . .°''r, .__/_.Y>,._LIMrt .,_,' ... _ F-"'i' x J \ \ 1 l \` M a 7 ''/3 zm a ly \ \1\ I ,\\'lWy. rit�'aax",xis Fa° , cp _ ''I` "_ 1 N �\\\((r•.` '1.e4 PRfvWSU'Fre m 555 Ue �b I16, W 5• U 7 6 -e E GD•D Ed Pr.PS,WOW,V546\yNmEnnryV5.6_,1 E.G t,/1:II/G/2002 1.1.10 Eeab.1.40[no.n%rely 2,546-63250-r. Smooth Feed SheetsTM Use template for 5160® 102305-9374 102305-9128 102305-9132 Coequiva Services LLC 33430 LP,Co. ' Legato Inc. Property Tax Department JSH Properties,Inc. 3300 Maple Valley Highway I P.O.Box 4369 I 10655 N.E.4th Street,#300 I I Renton,WA 98058 Houston,TX 77210 1 ' Bellevue,WA 98004 ! I / I , I !'> I ( 102305-9100 I 102305-9263 880500-0010 Windsor Associates Limited Partnership ' 1 i King County Water District No.90 ! 4321 LLC,Co./JSH Properties,Inc. 9777 Wilshire Boulevard,#710 , I ' 15606 S.E. 128th Street I ; 10655 N.E.4th Street,#300 'Beverly Hills,CA 90212 ! I Renton,WA 98059 Bellevue,WA 98004 1 ' II I I , --- - - 1 880500-0020 1 880500-0030 I , 880500-0040 4321 LLC,Co./JSH Properties,Inc. I Safeway Inc./Store 1468 I DVCH Investments LLC/JSH Properties,Inc. 10655 N.E.4th Street,#300 I I do Comprehensive Property Tax 10655 N.E.4th Street,#300 I Bellevue,WA 98004 I 1371 Oakland Boulevard,#200 . I ' Bellevue,WA 98004 ' i 1 Walnut Creek,CA 94596 II ' I '> i ! , -- - - -- 518210-0008 Ii 518210-0009 518210-0016 Tosco Marketing Company BC17 Tosco Marketing Company Les Schwab Profit Sharing Retirement Trust ' P.O.Box 52085 Property Tax Department BC17 314 Phoenix,AZ 85072 P.O.Box 52085 ! P.O.Box 667 ' Phoenix,AZ 85072 ' I ' Prineville,OR 97754 i 518120-0010 • . 518120-0013 I , 518210-0011 Les Schwab Profit Sharing Retirement Trust , ; Bradley J.and Kathy L.Faulkes III Kenneth F.and Carol A.Pillon I 314 326 Union Avenue N.E.,#10 23815 141st S.E. I P.O.Box 667 Renton,WA 98055 11 Kent,WA 98042 Prineville,OR 97754 , I . 1 (- -- 518210-0014 i 518210-0012 I 518210-0080 Kenneth F.and Carol A.Pillon Robert E.Johnson I ' Rose Woodall 23815 141st S.E. 254 Union Avenue N.E. 248 Union Avenue N.E. Kent,WA 98042 P ! Renton,WA 98059 Renton,WA 98059 - ) 1 518210-0073 518210-0069 518210-0081 I Rose Woodall I 1 1 Rose Woodall Rose Woodall ' 248 Union Avenue N.E. 248 Union Avenue N.E. 248 Union Avenue N.E. Renton,WA 98059 ' ! Renton,WA 98059 Renton,WA 98059 I I I 518210-0068 1 518210-0050 518210-0049 I Rose Woodall I McCann Enterprises Inc. I 1 Ty Ribera ' 248 Union Avenue N.E. ; 13029 136th Avenue S.E. 13029 136th Avenue S.E. ' Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 7 < I - - I - - - - - ' 518210-0042 I ! 518210-0041 iI 518210-0039 Susan E.Prather James M.Denton l' I 1 Janet Hatch 12905 136th Avenue S.E. 4455 Tolt River Road N.E. III 4405 N.E.4th Street Renton,WA 98055 Carnation,WA 98015 ! ' Renton,WA 98059 - ,- - - ' -. - - - - - I ' 1 518210-0031 11I I U.S.Postal Service I ' 17200 116th Avenue S.E. 1 I Renton,WA 98058 I I 0 1 VERY® Address Labels 1 Laser 5160® PARTIES OF RECORD RIBERA-BALKO SHORT PLAT/LUA02:129 Janet Hatch 4405 NE 4th St. Renton, WA 98059 425-271-7768 P.O.R Ldoc/ Denis Law "" Clty Of Mayor � _ c.)ti Y O..t, to) -,` r t • viiii0444 , t �. N`t0 Department of Community&Economic Development October 22, 2009 Mike Brown Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 Subject: Receipt of the Second Quarter Wetland Maintenance and Monitoring Report Ribera Balko Short Plat City of Renton File LUA02-129 Dear Mr. Brown: This letter confirms receipt of the second quarterly wetland maintenance and monitoring report for the mitigation project for the Ribera Balko Short Plat. The project appears to be currently meeting the established performance standards; however, there may be an issue in meeting the survival performance standard, of 20 percent, for the first year of monitoring. Staff will continue to keep a close eye on the mortality percentages. The next quarterly monitoring report your wetland biologist should specifically address the following items: • The two areas located in the northwestern portion of the site have had maintenance work completed; including the removal Scot's broom and Himalayan blackberry. • Mulch placement in the two areas located in the northwestern portion of the site. I look forward to receiving your third maintenance and monitoring report by December 23, 2009. Please ensure that two hardcopies are submitted to the City for review. Sincerely, Rocale Timmons Associate Planner cc: City of Renton File LUA02-129 Katie Walter, Shannon &Wilson Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov Denis Law Mayor City of, fo' el • Department of Community&Economic Development July 21, 2009 Mike Brown Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 Subject: Request for First Quarterly Maintenance and Monitoring Report Ribera Balko Short Plat City of Renton File LUA02-129 Dear Mr. Brown: This letter is to inform you that the first quarterly monitoring report for the mitigation project at Ribera Balko was due to the City on June 23, 2009. As of the date of this letter I have not received the report. Two copies of the required report must be submitted to my attention by August 18, 2009 or this matter will be referred to our Code Compliance Inspector. Thank you for your timely assistance in this matter. If you have any questions I can be reached at (425)430-7219. Sincerely, Roc le Timmons Associate Planner cc: City of Renton File LUA02-129 Katie Walter,Shannon&Wilson Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov • April 14,2008 Renton City Council Minutes Page 116 Mr. Stone described how the HOT lanes will work and how tolls will be collected via the electronic Good to Go!payment system, which is the same system used on the Tacoma Narrows Bridge. He responded to Council inquiries regarding enforcement, transponders, rates charged, access points, safety issues, and I-405/SR-167 interchange congestion. Mr. Stone summarized the HOT lanes public outreach activities, and indicated that WSDOT will continually assess the pilot project and provide annual reports to the State Legislature and the Transportation Commission. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: Puget Sound Energy will be investigating a suspected natural gas leak in the vicinity of the S. Grady Way/Talbot Rd. S. intersection on April 16. If a leak is located, some reduction of lane use may result as repairs commence. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Zwicker, item 7.k. was removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 4/7/2008. Council concur. 4/7/2008 Appointment: Parks Mayor Law reappointed Larry Reymann and Troy Wigestrand to the Parks Commission Commission, each for a four-year term expiring 6/1/2012. Council concur. City Clerk: Quarterly Contract City Clerk submitted quarterly contract list for period of 1/1/2008 to 3/31/2008, List, 1/1/2008 to 3/31/2008 and expiration report for contracts expiring between 4/1/2008 and 9/30/2008. Information. Vacation: Alley, Burnett Ave S City Clerk recommended adoption of an ordinance finalizing the vacation of a & S 2nd St, Friedman portion of alley located south of S. Tobin St. between Burnett and Williams Development, VAC-04-004 Avenues S., as all conditions of the vacation approval have been satisfied (VAC-04-004;petitioner Friedman Development, LLC). Council concur. (See page 118 for ordinance.) Streets: Seahawks Way Community and Economic Development Department recommended approval to Naming rename 1,900 feet of roadway,between Lake Washington Blvd.N. and the Seahawks'Headquarters and Training Facility northern property line, to Seahawks Way. Refer to Transportation(Aviation) Committee; set public hearing on 5/5/2008. Development Services: Ribera- Development Services Division recommended acceptance of a deed of Balko Short Plat, ROW dedication for additional right-of-way at NE 4th St. to fulfill a requirement of Dedication,NE 4th St, SHP- the Ribera-Balko Short Plat(SHP-02-129). Council concur. 02-129 Development pment Services: Development Services Division recommended approval to release restrictive Release of Restrictive covenants placed by King County on older plats restricting lot size and width to Covenants Placed by King standards different than current City zoning standards for the property. Refer to County re Lot Size and Width Planning and Development Committee. Transportation: Metro Route Transportation Systems Division requested approval of the Transit Now transit 153 Bus Service, King County service direct financial partnership agreement with King County and the City of &Kent Kent to enhance bus service on Metro Route 153. City's total cost share is approximately$370,000. Refer to Transportation (Aviation) Committee. CITY OF RENTON COUNCIL AGENDA BILL AI N: Submitting Data: Planning/Building/Public Works For Agenda of: April 14, 2008 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code for new short plats and the Ordinance Ribera-Balko Short Plat(LUA02-129) Resolution Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is approximately 11,604.50 sq. ft., required street improvement along the south side of NE 4th St., then south along the east side of Lot 1, 225 feet. This dedication is to comply with City of Renton code for new short plats and the Ribera-Balko Short Plat(LUA02- 129). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2008\Ribera-Ba1koSHPL 02m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-__ Project Name: RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. Langley 4th Avenue Associates,LLC. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Parcel A,City of Renton Lot Line Adjustment No.LUA 99075LLA,recorded under Recording No. 19990623900005. Situated in the City of Renton,King County,Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): Grantee(s): Langley 4th Avenue Associates,LLC., City of Renton Denis Law,: Mayor Bonnie I.Walton,City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 road dedication2.DOC\dw Page 1 Revised 7-25-2006 Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know.br have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the;uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 road dedication2.DOC\dw Page 2 Revised 7-25-2006 i EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 1 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. ADDITIONAL RIGHT OF WAY 1 FOR NE 4TH STREET NORTHWEST CORNER SEC. 15, TWP. 23N. , RNG. 5E. , W. M. FOUND BRASS PIN IN CONCRETE, / INCASED. Southeast 128th Street (King Co.) 1 /` Northeast 4th Street (Renton) S88 °03 ' 09"E 2585. 74 ' , 4<I.,.__ 323. 22 ' : U 306. 43 ' o — v S88 °03 '09"E 348. 51 ' N88 °03 '09"W 272. 22 ' 4,wom'o'o NNAMMO 1 NE CORNER OF S00 °54 ' 12"W R=35. 00 ' • A`�0�� PARCEL B 8. 00 ' A=54. 27 ' .�.•.•4 & POB A 88 °50 ' 55" ° ;�;�; 1 w o :''',` cNu i 8' ADDITIONAL R/W - ►�'•••' DEEDED TO CITY �.. m OF RENTON ► •••`1 V I al :�00' tD �C�O : ❖: v 0 O" i li:i o i co m PARCEL A z ••••.4 Z BLA LUA 99075LLA :; 3:``; W AFN 19990623900005 al <, / N89 °12 ' 14"W /08 42. 00 ' z k i \ll. ,t SJ'V 02,, POifsb s o .1; 1 oip I ` rtv,, z ii* ' 20847: ,� 9F �� r GISEPJQ I � �qC LAND .\ :/� ,`...EXPIRES: . / 19'/ Gg�0 I CENTRE �, �; �., LANGLEY 4TH AVENUE ' AT ASSOCIATES, LLC. -• 6450 SOUTHCENTER BLVD Consultants, Inc., P.S. TUKWILA, WA 98188 206 Railroad Avenue North - Kent, WA 98032 DRAWN: RS SCALE: 1"=100' 253-813-1901 main 253-813-1908 fax DATE: 03/13/08 JOB NO: 2275 Project: RIBERA-BALKO SHORT PLAT Exhibit A WO#pID Legal Description GRANTOR: Langley 4th Avenue Associates,LLC Street: NE 4th Street and �I That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005. More particularly described as follows: Beginning at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street;thence South 88°03'09" East,along the south margin a distance of 348.51 feet to the Northeast corner of said Parcel A;thence South 00°47'46" West, along said Parcel A,a distance of 211.52 feet;thence North 89°12'14" West,a distance of 42.00 feet; thence North 00°47'46" East, a distance of 170.06 feet to the beginning of a curve tangent to said line;thence northerly, northwesterly and westerly a distance of 54.27 feet along the curve concave to the southwest, having a radius of 35.00 feet and a central angle of 88°50'55"; thence North 88°03'09" West tangent to said curve, a distance of 272.22 feet;thence North 00°54'12"East,a distance of 8.00 feet to Point of Beginning. All situate in Section 15,Township 23 North,Range 5 East of the Willamette Meridian. I ✓„,gill: ,,...,,..?ti:;7 11,4 o { 4 ° cst (.0f -4441.10) r18 9-19 II li iI 2275 road dedication2.DOC\dw Page 3 Revised 7-25-2006 li li r� RECORDING NO. j VOLUME/PAGE LUA-a2- Lta LND- - 17, 5 E. , W. M. VICINITY MAP NE 6th St NE 5th St 111 sr i An NE4thSt N i g i Ri III 'q NE 3rd Ct - q NE 2nd PI i i 1r /-7= L \' L____/- -TT \ _ 1" = 1/4 mile corner Sec . 15, North quarter corner Sec . 15, Rng . ' 5E. , W. M. Twp . 23N. , Rng . 5E. , W. M. ss pin,' in concrete, Found 3" brass disc with _ . City of Renton punch at surface . oiint no . 150.3. 9x-71n Cn CONCURREwin NCE NAlll ' 3_ CM; Al c.. tool Rn r REPORT City of Renton Pry . /W '4/+-1, Department of Planning/Building/Public Works (e_'Z p r►,ird+n+ t iA/S DECISION ADMINISTRATIVE SHORT PLAT REPORT& DECISION A. SUMMARY AND PURPOSE OF REQUEST: DECISION DATE: December 5,2002 Project Name Ribera-Balko Short Plat Applicant Tim O'Kane Insignial<idder Mathews 411 108w Avenue NE I • Suite 201 Bellevue,WA 98004 Owner Ribera-Balko Enterprises 16400 Southcenter Parkway , Suite 304 Tukwila,WA 98188 File Number LUA-02-129, SHPL-A Project Manager Jason E.Jordan I Project Description1 P The applicant is proposing atwo-lot subdivision of a 5.97-acre site designated with Center 1 Suburban (CS) zoning. Lot 1 is proposed at 58,446 square feet and Lot 2 is proposed to be 201,867 square feet in size. The property is currently vacant and no building I construction is planned as part of this short plat. The subject site also contains a 42,846 i square foot Category 3 wetland located adjacent to the western property boundary. The 1 applicant has requested to fill approximately 8,136 square feet of wetland area along the ij northeastern wetland boundary and replace it with 8,136 square feet of wetland area along the western portion of the wetland. The applicant is also proposing to enhance 8,136 square feet of existing wetland area located along the eastern boundary of the wetland per code requirements. Project Location 4225 NE 4th Street bE y N ' j`-i ,zCY►mb. R� ,..\ri p a of.�tiva.- a� N- aN� 4-. "i� ;::pu,s� .5L4�SI '— 'died al. i'itts .� - J=J. ;r r.' :1-7ne �: I .; IP- 'I'. yid,Ar 4 ';-- t.,-o'eri�5 .ter:,•. • ---.---;'-filki'L;47.- prirp....itri,j, RN 7_ li,... srPa' Jai E:vilesittil Tiltua r41- 11114 ,—a ice,• IF:4IMP , undo _ i •1- .-• VFW! Ili 111122M1161i Project Location Map shortplatdoc C1tyof Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 2 B.' GENERAL INFORMATION: 1. Owners of Record: Ribera-Balko Enterprises 16400 Southcenter Parkway Suite 304 Tukwila, WA 98188 2. ! Zoning Designation: Center Suburban (CS) 3. Comprehensive Plan Land Use Designation: Center Suburban (CS) 4. Existing Site Use: The site is currently vacant. 5. Neighborhood Characteristics: North: NE 4th Street and Center Suburban Zoning (CS). East: US Post Office; Center Suburban Zoning (CS). South: Residential Option (R-10 dwelling units per acre). West: Center Suburban Zoning (CS). 6. Access: NE 4th Street 7. 1 Site Area: 5.97 acres C.1 HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 02/20/1995 Zoning N/A 4404 06/07/1993 Annexation N/A, 3946 10/07/1985 Lot Line Adjustment LLA-99-075 N/A 06/25/1999 Environmental (SEPA) LUA 01-117, ECF N/A 07/01/2002 Review HEX Variance LUA 01-117, V-H N/A 08/27/2002 D: PUBLIC SERVICES: 1. Utilities Water: There is an 8-inch water main located within NE 4th Street. Sewer: There is an 8-sewer main located within NE 4th Street Surface Water:There are existing drainage facilities located within NE 4th Street. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards shpltrpt.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002; PROJECT LUA-02-129,SHPL-A Page 3 • Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-18: Industrial and Commercial Blocks and Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Center Neighborhood G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant is proposing a two-lot subdivision of a 5.97-acre site. The property is designated as Center Suburban (CS) on both the City's Comprehensive Land Use Map and the Zoning Map. However, the development of the lots is not proposed as part Of this application. The proposed lot sizes are as follows: Lot 1 — 58,446 square feet(1.34 acres) Lot 2— 201,867 square'lfeet(4.63 acres) The property is currently vacant. Access to the site would be provided from NE 4th Street, which is located directly north of the subject site. The applicant has proposed a drive located near the northeast property boundary of new Lot 2. This drive has been designed to accommodate both Lot 1 and Lot 2 of the proposed short plat and to serve the existing US Post Office Complex located directly east of the subject site. In order to provide additional building area to what would become new Lot 1,the applicant has proposed to fill a portion of the Category 3 wetland. Specifically, the applicant has requested to fill approximately 8,136 squa rp feet of wetland area along the northeastern wetland edge and create approximately 8,136 square feet of wetland area near the wetland's western edge. In addition, the. applicant has proposed to enhance approximately 8,136 square feet of existing wetland area near the wetland's western boundary. The proposed created wetland area and enhanced wetland area has been calculated at a 1:1 ratio pursuant to the City's Critical Areas regulations (RMC4-3-050M12i). It should also be noted that the applicant has proposed t'o enhance approximately 3,875 square feet of wetland buffer located along the wetland's western boundary, which exceeds the requirements of the City's Critical Area regulations. In addition, the applicant notes the presence of a drainage course "channelization" throughout- the center portions of the wetland. The drainage course ha's been identified as part of the Maplewood Creek system thet eventually discharges into the Cedar River. The drainage course parallels NE 4th Street on the subject property and then turns south and flows towards the southwestern property boundary. The drainage course continues to flow through the wetland area to the southeast. The applicant received Hearing Examiner Variance approve) on August 27, 2002 to culvert a portion of the'drainage course that runs parallel with NE 4th Street. The variance was necessary in order to construct a sidewalk and other code required roadway improvements along NE 4th Street, which are triggered by the short plat. 2. Environmental Review The subject site contains a large Category 3 wetland and a regulated drainage course along the western property boundary, which requires environmental (SEPA) review. On June 27, 2002, the City of Renton'O Environmental Review Committee (ERC) issued a Mitigated Determination of Non-Significance with nine mitigation measures. As the SEPA threshold determination does not expire and because no ne4t environmental impacts have been discovered, a new threshold determination was not required. 3. Compliance with ERC Conditions Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC issued the following mitigation measures with the Determination of Non-Significance—Mitigated: 1. Temporary erosion control measures shall be maintained to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. shpltrpt.doc City of Renton PB/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 4 2. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements as well as building construction. 3. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary short plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the final short plat. 4. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in Section D.4.3.1 of the 1998 King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off-site and on- site improvements as well as building construction. 5. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in Section 4.4.1 of the 1998 KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. 6. Clearing, grading, stormwater, erosion and sedimentation control shall be subject to the 1998 King County Surface Water Design Manual. 7. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report prepared by Habitat Technologies dated May 22, 2002 in regards to wetland maintenance, monitoring and construction of the project. 8. The applicant shall be required to install silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer prior to the issuance of construction permits. 9. The applicant shall be required to revise the preliminary short plat plan by eliminating the 36-foot drive proposed to serve Lot 1 located in the northwest corner of the subject site. 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is currently designated Center Suburban (CS) on the Comprehensive Plan Land Use Map. The proposed short plat is consistent with the objectives and policies established by the Land Use Element of the Comprehensive Plan, in that the division of property would allow for future retail establishments. It should also be noted that future development of the individual parcels would be required to be consistent with the applicable Center Suburban designation at the time they are proposed. b) Compliance with the Underlying Zoning Designation The subject site is designated Center Suburban (CS) on the City of Renton Zoning Map. As specific development projects are proposed on the individual lots, compliance with the applicable development standards would be reviewed under the required permits. The proposed short plat is required, however,to comply with the development standards pertinent to the creation of new lots. Lot Dimensions — The minimum lot size required in the CS zone is 25,000 square feet. As proposed, the lot sizes are 58,446 square feet (Lot 1) and 201,867 square feet (Lot 2), providing shpltrpt.doc • • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 5 - I more than the minimum lot size required. There are no minimum lot width and depth requirements in the CS zone. li Lot Coverage—The CS zone limits lot coverage by buildings to a maximum of 65% of the site areal, or 75% if structured parking is provided. Future development of the lots would be required to comply with the current zoning designation and development standards applicable at the time of their proposal. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. Full street improvements would be required along the subject site's northern property boundary abutting NE' 4th Street. It should be noted that a portion of the regulated drainage course is located in the area where street improvements (i.e. curb, gutter and sidewalk) will be required. However, a Hearing' Examiner Variance was approved and issued to culvert the drainage course where necessary to install the required improvements on August 27, 2002 (LUA01-117,ECF,SHPL-H,V-H). The proposed subdivision is not anticipated to generate additional traffic on the City's street system. As future development proposals are made for each individual lot, Transportation Mitigation Fees would be applied. Blocks:No new blocks will be created'as part of the proposed short plat. Lots: The proposed lots are consistent with the applicable development standards of the CS zoning designation. In addition, the size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations. As required, each lot would have access to a public right-of-way(NE 4th Street.). d) Reasonableness of Proposed Boundaries Access: Lot 2 is proposed to have direct access to NE 4th Street. Lot 1 is proposed to have access to NE 4th Street via an easement from Lot 2 to Lot 1. It should also be noted that this proposed drive would allow full movement with one exception; left turns out onto NE 4th Street .I would not be allowed. In addition, the drive has been designed to accommodate a revision in the access drive serving the US Post Office. All customers would be routed through the new drive proposed to be located on new Lot 2. Therefore, staff recommends a short plat condition requiring the applicant to have all appropriate access easements executed between the affected properties prior to final short plat approval. In addition, staff recommends a condition of short plat approval requiring the applicant to complete all off-site improvements associated with the northeastern shared drive prior to final short plat approval. Both conditions would ensure that safe and efficient access would be provided to the proposed lots and the neighboring US Post Office Complex. It should also be noted that as Lot 1 develops in the future, the applicant would have the ability to construct a joint-use drive with the commercial property to the west. This drive would be located in the northwest corner of proposed Lot 1. , Topography: The majority of the property is relatively flat sloping at less than one percent from the north property boundary to the southern property boundary. However, both the western and southeastern property boundary rise approximately 12 feet from the more flat interior section of the subject site. Specifically, starting near the middle section of the site's western property boundary, the topography gradually rises to its highest point of 12 feet above the more flat central portion of the site. Similarly, the topography in the'southeastern property corner also rises approximately 12 feet. As no construction is planned at this time, a geotechnical evaluation was not warranted. However, as the lots are developed in the future, a soils study would be required as part of the building permit process. The existing vegetation on the property primarily consisted of wetland vegetation, ornamental and native trees and blackberries. A Temporary Erosion and Sediment Control Plan (TESCP), the use Best Management Practices and several drainage/erosion control SEPA conditions will help to mitigate potential erosion and off-site sedimentation impacts. Relationship to Existing Uses: The properties surrounding the subject site are designated CS and R-10 (Single Family Residential) based on the City's zoning map. The proposed subdivision shpltrpt.doc i • City of Renton PB/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 6 would not create dissimilar patterns to existing development in the area and is consistent with both the Comprehensive Plan and Zoning Code. e) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development. Fire Mitigation Fees, based on a rate of $0.52 per square foot of new commercial building area, may be required at the time of building permit issuance in order to mitigate the proposal's potential impacts to emergency services. Recreation: The proposal is not subject to the City's Parks Mitigation Fee as it is creating lots intended for commercial use. Schools: There would be no increase in school age children to the Renton School District as a result of this proposal. Storm Water. There are existing facilities located within NE 4th Street. Additional review of these facilities, as well as the assessment of System Development Charges, will be necessary at the time future development proposals are made. Water and Sanitary Sewer Utilities: There are existing facilities located within NE 4th Street. Additional review of these facilities, as well as the assessment of System Development Charges, will be necessary at the time future development proposals are made. H. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Ribera-Balko Short Plat, File No. LUA-02-129, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of Center Suburban (CS). 4. Zoning: The proposal as presented, complies with the zoning requirements and development standards of the Center Suburban (CS) zoning designations, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations. 6. Existing Land Uses: Land uses surrounding the subject site include: North: NE 4th Street; Center Suburban; East: US Post Office; Center Suburban (CS)Zoning; South: Residential Single family(R-10); and West: Center Suburban (CS) Zoning. CONCLUSIONS: 1. The subject proposal complies with the policies and codes of the City of Renton, including the applicable subdivision regulations. 2. The proposal complies with the Comprehensive Plan designations of Center Suburban (CS). 3. The proposal complies with the Zoning designations of Center Suburban (CS). J. DECISION: The Ribera-Balko Short Plat, File No. LUA-02-129, SHPL-A, is approved subject to the following conditions: 1. The applicant shall be required to have all access easements with the US Post Office facility signed and recorded or ready to record with the recording of the final short plat documents prior to recording the final short plat. The satisfaction of this requirement shall be subject to the Director of the Development Services Division prior to recording of the short plat. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 7 2. The applicant shall be required to complete all off-site construction improvements associated with NE 4th Street and the northeastern drive prior to the recording of the final short plat. The satisfaction of this requirement shall be subject to the Director of the Development Services Division prior to recording of the short plat. DATE OF DECISION ON LAND USE ACTION: December 5, 2002 SIGNATURES: 12/02, Gregg A.Zimmerman,P/B/PW Administrator decision date Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only,they are not subject to the appeal process for environmental determinations. Property Services Comments for Final Short Plat Submittal:, 1. See attached comments from Property Services dated November 26, 2002. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. The subject site is located within the Center Suburban (CS)zoning and comprehensive land use designation area. 3. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 4. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground 1 cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety(90) days. Alternative measures'such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 5. The applicant shall be required to create a separate native growth protection area containing the wetland and its buffer via a conservation easement, protective easement or tract/deed prior to final short plat approval (RMC4-3- 050G). -j 6. The applicant shall be required to erect a spilt-rail fence or other fence type as approved by the Development Services Division denoting the edge of the wetland buffer boundary prior to the finalization of all construction permits. 4 7. The applicant shall be required to permanently identify the native growth protection area by including a wood or metal sign on treated or metal posts. Suggested wording of the sign is as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law."(RMC4-3-050G5) 8. The applicant shall submit a final wetland mitigation plan prior to the Development Services Division prior to the issuance of construction permits (RMC 4-3-050M16). 9. The applicant shall be required to submit a Performance, Surety Device acceptable to the city such as a letter of credit, irrevocable set-aside letter or cash estimated at 1.5 times the cost of the performance of the wetland (RMC4-3-050M17a). 10. The applicant shall be required to submit a MaintenancejSurety Device acceptable to the City such as a letter of credit, irrevocable set-aside letter or cash guaranteeing the wetland enhancements perform satisfactory for a period of no less than five years after final plat approval (41-3-050M17b). Building 1. None. Fire 1. None. Plan Review—Surface Water 1 1. The water quality treatment and detention shall be designed to be in compliance with the Level 2 1998 King County Surface Water Manual. shpltrpt.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 8 2.i Additional storm improvements are required to be installed in NE 4th St prior to recording the short plat. The applicant will need to contact the DOFW if the proposal is to pipe the ditch in NE 4th St. 3.1 There will need to be some type of storm maintenance agreement that holds the lots responsible for the storm drainage system onsite. 4.1 The project will be required to pay the Surface Water System Development Charges prior to the issuance of the construction permit. The fees are determined by the development proposed. 5., The storm drainage report is missing the water quality analysis and conveyance sizing calculations. The detention sizing comments are as follows: • The applicant will need to revise the detention calculations to include the 1998 KCRTS Level II flow control standard. • The KCRTS model must be run using a 1-hour time step, not the 15-min time step as shown in the report. • It's not clear from the report what is the total project impervious surface area for developed conditions. The report should break out the pervious and impervious surface area as well as which impervious areas are pollution-generating surfaces and which are not such as roof and sidewalk. It appears from the report that approximately 2.4 acres of impervious surface will be added; however, the KCRTS time series input shows only 1.59 acres of impervious. A table showing the land use under pre- and post-developed conditions would be helpful. Plan Review—Water 1;. The project site is located in the 565 Pressure Zone. The static water pressure at the street level is approximately ' 70 psi. 2. There is an existing 8"watermain in NE 4th St adjacent to the site. 3. Construction of a commercial building will trigger a separate review. Per the City of Renton code when the required i fire flow is over 2500 GPM, the fire hydrants shall be served by a main which loops around the buildings and reconnects back into a distribution supply main. 4. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM with one hydrant ' located within 150 feet of the structure and two additional hydrants located within 300 feet of the structure. This distance is measured along the travel route. These issues are covered in greater detail once a development plan is submitted. This water information is intended to supply information for the applicant to use at a future date and is not intended to list design criteria for an unknown development. 5. Construction of a commercial building will trigger a separate review. SDC fee review for water will be applied at the time the development makes application for a building permit. The fees are determined by the development proposed. Plan Review—Sanitary Sewer 1. There is an existing 8"sanitary sewer main in NE 4th St. 2. There is an existing 15"sanitary sewer main located on the east side of this parcel of land. 13. A sanitary sewer main extension will not be required for this short plat. [4. This parcel of land is subject to the East Renton Interceptor Special Assessment District(SAD). This assessment is$224.52 plus interest per unit and is collected at the time each new lot develops and prior to the issuance of the construction permit. 15. This parcel of land is subject to the Fairfield Development Inc. Latecomers (Latecomers 8707). This assessment is $19,529.39 and is collected prior to the issuance of a construction permit. 6. The project will be required to pay the Sanitary Sewer System Development Charges. The SDC fees are collected at the time each new lot develops and are due prior to the issuance of the construction permit. The fees are ' determined by the development proposed. j Plan Review—Transportation 11. This short plat shall install full frontage improvements on NE 4th St including concrete curb, gutters and a 6' sidewalk with a 6' planting strip between the curb and sidewalk prior to recording the short plat. 2. The short plat will also be required to remove and replace the existing south lane of asphalt in NE 4th St across the full frontage of the parcel of land being developed prior to recording the short plat. 3. Additional right-of-way will be required to be dedicated prior to the recording of the short plat.C'—� 4. Street lighting designed and installed to City standards will also be required to be installed by this short plat project prior to recording the short plat. 5. As each lot develops in the future a Traffic Report may be required. Plan Review—General 1. The site is located in the Aquifer Protection Zone 2 and may be subject to additional requirements per City code. A fill source statement (RMC 4-4-060L4) is required if more than 100 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-03007) shall be followed if during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Pagel 9 " Management Standards (RMC 4-6-030E2 and 3)--Biofilters, stormwater conveyance, and water quality ponds may require a groundwater protection liner. Impervious surfaces shall be provided for areas subject to vehicular use or] storage of chemicals. This is not intended to be a complete list of the APA(Aquifer Protection Area) requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton code book. 2. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 3. All plans shall be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control Network. 4. Permit application must include an itemized cost estimate for these improvements.The fee for review and inspection of these improvement is 5%of the first$100,000 of the estimated construction costs;4%of anything over$100,000 but less than $200,000, and 3%of anything over$200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. TRANSMITTED this 5fh day of December,2002 to the owner/applicant/contact: Ribera-Balko Enterprises 16400 Southcenter Parkway Suite 304 Tukwila,WA 98188 TRANSMITTED this 5th day of December,2002 to the applicant: Tim O'Kane Insignia Kidder Mathews 411 108th Avenue NE Suite 201 Bellevue,WA 98004 TRANSMITTED this 5th day of December,2002 to the contact: Dan Balemlli Barghausen Consulting Engineers 18215 72nd Avenue South Kent,WA 98032 TRANSMITTED this 5th day of June,2001 to the following: Larry Meckling,Building Official L.Rude,Fire Marshal Neil Watts,Development Services Director Jennifer Henning Kayren Kittrick Jan Conklin Carrie Olson Lawrence J.Warren,City Attorney South County Journal �I Land Use Action Appeals&Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision,any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request,if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on December 19,2002. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4- 8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing,together with the required$75.00 application fee,to: Hearing Examiner,City of Renton, 1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two(2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. shpltrpt.doc Oyu( qq W Lp f 1 '' I.lt 1 Ci-�1!•C. "•/...T ` 4y�NN W`x7 L �2 1 I Prpq , 1 ii , ..l Ohe Ii. . un.O W r • + '�fQ 7-•+. n O =lam .411112 mil ... '1 1 III in e' Er 140111PREN ��-,7 . ^� nr- w <<tL Q t 4i• „,,,, , . h„...,:.,..;,_,, i7GT iii ,,,, 1..rag GI .-. •:, 1 z •C,. 3l` ,t•- „,... .._.,, 1 � :; . • N.E. TTN.i., Pt.L..r 14 U• 8f' Q� r PY Y g �� r1 ME Ft 9T - 3 -�,- _ _ .Tail ,... ,,.:1-,....,,,v,i,i,, k 111:1'rt. za• 4AiL' F,1- /�. � \J;TM„.y7.�����L7`*• ict -+�` �a�e'tT€ it 'in .-, �� e. c} ''' -`, o lit.,:!, ME. 7TN Sr y■� r C .., 71! 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NORTH QUARTER CORNER SEC. 15. FOUND BRASS PIN IN CONCRETE, Southeast 128th Street (King Co.) TWP. SUN., RNG. 5E., W.A. Ncns6D. Northeast 4th Street (Renton) FOUND 3'BRASS DISC WITH 9 1D _ _ PUNCH AT SURFACE. 16 5' - - - _ N88'03'09'W 2585.74' REBAR AND CAP 969.65' - - _ 10 STAMPED 'LS 22338' NS v ''.1 1 .09'616 1 15 NUB'03'09'W 546.61' o 314.51' WI - 3 • I.00' 298.OD' -- _ __ -__ _ BAR AND CAP (STAETMPEDRE '• LS 22338' \ 1 588.03'097E\ \\� 58446 Sq. Ft. 67.97/ A. \ / \ 3.342 acres g • / •s \ \\ n. \ \ \ 3 \ 1 \ • 2)A[1/'r'I A c _ -. % _ i fll\'..,L_L. n 1 N68.03'09'W1 K :� ' \ 100.00. \ \\\I- 588.03'09'E p �)A DI' 'I K \ \ 145.00' _ tmI\VL_L. L+ \ \ o \ \m \\ • z \ \ r-WiAND m \ 1 Ic\ BUFFER m 1EDGE OF \ Q lu _ WETLAND • �\ ___ __ ___ I __ _ _ ___ _ w _ 1 w6' u2i \ \( 15' SEWER EASEMENT EEC. NO.B509260081/ • g m 1 ( 8609111674 r ` EAST LINE OF THE WEST 1/2 1 OF THE NORTHEAST 1/4 OF HE TNWSHS4 F C TTE1 ,2 / I 4.6347aCtR'eUFt. \\ i / I ir` \ 1 ( • \ \ \\ 588'03'09'E 298.00'. i • I \ \ • • \\ \ \ \ \ \\ �..._—� i \ \\ \ /� \ • 0 60 f20 \ \ \ I\ I \\ �a l REBAR AND CAP \\ \ , \; . S C ALE STAMPED 'LS 22338' \� \\ 1" = 6 0' �• ` \ I I REBAR AND CAP 1 ,STAMPED 'LS 22338' S88'09'46'E 647.65' S$ OFUTHELNORTHWESTE1/4ROF 1/2 t SECTION 15 • 0 33701 9th Avenue South WEIOM �� • \A E. o Centre Federal Way, WA. 98003 NW—NW 15, T23N, R5E, WM oQ pf /y So �i�_1� (253) 661-1901 SWUM • N =s e l � Pointe Ribera / Balko Enterprises P. a Surveying 16400 Southcenter Parkway, Suite 308 Fs gE,x2338E0 Q�W Seattle.*TWA 9818E-3302 .. _ _}04,, ISTEA_[. ==01utN_Br:- oDOS CRSCEED_6O-s=WOODS '—KING �i-0VNTYWASHINGTON-- �°•— 1 LAND • � s c.Pxcas 12-15-2003 °M Aug. 2. 2001 6 Wa' 183E eAla 1" 0 60' DRAM RAM NUM1839 SHEET 2 OF 2 E • • • • PRELIMINARY ACCESS PLAN 1 1 I t i I •'. es.ou"e 'rc-Jiii it c°.e v, _ is r=�;.. _ J. 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III �`,,`\. /•1.e>i:y�, \ I f '+V.�E f�W'-�"/.. - I 1 \L A‘� l� f(// 1 . \ �r.�r, 1B Y R.A t■•,:' \. . xERAND AREA \ P I ` !1r OVERALL SITE MAP • ,,m _ 3'so_ ,tom d}jN-• 'I II`I• 1 COMPENSATORY • KEYMAP I s�oel3ss�_J sags rl u I / WETLAND MITIGATION SCREE:r.Too•-A' ; �= - —=cam , .\ µ! / , ,; COVER SHEET ' STREAM, WETLAND AND BUFFER R • N DGN9GNOa KEYMAP ; Li . 1 ecAEr T•-Jr-o• 1 a 3 • • • \ I / ir , WETLAND/BUFFER HYDROSEED MIXTURES - •\ •\ /%i II -``''• \ ' I,,I/,1 , % WETLAND AREA SOIL MOISTURE CONDITIONS WETLAND MITIGATION Nature...........g '\\ '4580-03'b9' \\ 1 ; IIL.' /e couo.iNAME SCIENTYIDNAAD PERCENT BY0EI0IT PLANT LEGEND TRACT 4 \•\ •//!5'r �•" ' LOT /"II' '' •aa WETLAND/BUFFER TREES 1 \I\ /r ' �} •/ / wEDiaP a sax 1\\ iOs•FPL . \•\\ ill if .,"2P 'I / RR r9viAe ueP.ct w.a.nn,mw• SOX SYMBOL OTT DESCRIPTION SIZE wyn;•..1 .. - _ wEBANOryt erdl 1_,"$�% I I r / UPLAND BUFFER AREA SOIL MOISTURE CONDITONS 1 ,••\ I !I MI 1/I'rjb Ca�\ �'2b () N I E•v 1 I =WON NAVE SGENmD NAY. MONT BT r4uNT ACM 15 Aeer aeroph111um 5 HL MIN. 253...TAWB7 \ 1\ t',.::.p \I'! \I 1 I Biq Leal MaPla 12'-15'O.0 4•."1,M TAW F \ \`\\ I / I1 ,.. •\ +\ Il I II I« 1 . 1 T0.0IRAL BENTG<IASS poHN Ineh 1�x ` \ h I LL iCSNE I•.wca•vn61n••.a x 0 27 Fravinea ldollolia 4'HT.MIN. 4 \ III (' • ; 1 1��-` I I POPCRENMAL'0°'S Ld4Ne P•nnn• SON \,'`!I 1 I / •► * ' i -i �\ ' , \ I t[PtNo c[D zcscuc P..wca rven sx Oregon Dsh 10'-15'O.C. /// IOz \ 1 I _ ••if�'R- erEE.�1��,,:�1 ^\ \ i + I R[TW SN T2 KC'lEYAP It�Y S41UN0 IND UPLAND PUNBNG AREAS ® 2 Picea spruce 12'H15'MO.C. \,• \I\ ( I? o &('ETLAND\ `\\ \ I Pruca 1�j11\ O 130UNBAAY \ \ I ®. 2 POlock ottonwrpa 4'HT.MIN.•\ ,,1+\` +\. \ \\ `\\ I zO•um. BlDck Caltonwbod 10'-15'O.C. M. )\ I.\\J/ ,1 \;i �'\ \ ` 1 MOM AT 15 Prunes emagenato 4'HL MIN. 11 NUN,IMP. I 1 \ \ 1 TOP biller cherry10'-15'O.C. s I \1 1 O't`V0 f«i\ \ \ 1 y-,y ® L':,J ! I,,Ij'k \.;s O` N::0.-'091Y 1 `\ I 1 'll 19 Peeudolsu9D menziesii 5'HT.MIN. �\ t{ \, 90 O - \ 1 Douglas fir 12'-15'O,C y>Y .�. I \_' �+f I„.\ 10 31 Q = ® \ �\ I e 28 Pyres inn U 5. B' MIN. I. y m m m I - -: e Western crabo le e o _ --- i. ; AA11 i^1 P� Jq'y ,e 27 Solis aitchenaia PP 4'HT.MW. P. ° d °a AR•Ua • V \ ��.:;`NO� � \`56-OJ� \ ® LL a 6UJ,5 11 _ '�1 \; `' 1 -- Silks willow • 10'-15'O.0 w cCDYa- f +: \ ®OD':.' O \ `�-------7— \\ TMP iB weatemcr a«dor 12!-5'MO.C. w -I EAIED BYFFFR bl'\ 1 4„, \ �l T'V -� O la I REGIUOo SIDE SLOPES\ ^d' P is 2 PopuIM3fremuloides 5'MT.MIN. y'•"' ,ae ICREATED Wang I..•D �' C 4 t \ \\ \I O 4\ .+:-b l 'I`'e� �. \ \ \ Ouakin9Aspen2'-15'O.C. C. Ia. S ttil! +IF� G`o°' a �� = lam? r� Ir n ttc� n' ' / Oa[ O \ II�II�IIII��IL Ally II IIJ 11n�il�•�:- 11 Ilk10 DOWNED LOG/TREE 3 STUMPS' - 1 II I B Ilsl~hll. II II. I y 1 II 11Ibll 11111ISevDelaa SeeDelollba , , OO - \ 11g11 iL'-II .11-11-to YI uY RDDr I a IEalldll_11�11II / O` a`..-_Q ^'�.___._ _. w - �,' O 0 \ \ N'ulzt[p yEg WETLAND/BUFFER SHRUBS WETLANpiR /l On�� PHt'' i'._ ' _�_ ° ® `\ • \\\ STUMP / FZ SYMBOL OTY DESCRIPTION SIZE Tg; r • �. �° a 6 f! \ ._ O Q'NAN®BEl1ANp 1 NOTE:TYPICAL VERTICAL URGE WOODY DEBRIS(LYO)FOR g t Ems" K, A `'..,�tp• 1 ,1 Q ®®p• r( 0,136 sr. 1 O 28 Aeer rirclnalum 2 CAL \ �A' ...-10 t f,E.�-.�o.�„ W ® , J��.,]� PLACEMENT W V.EILANO AND BUFFER AREAS Vlna MaPl9 6 6'O.C. ,, --------'k n I / °/ 'er® o�'+��' ui V 44 Berber's nervosa1 CAL ;l\\,\I�' •' �} I La.�. 1 Oregon Grape •6 3'O.C. REVISIONS: ••• ' \I\+1\'y\\� MCI'. ,4� __ \ \ of ee Al cares obnupta 4•plug V•'• l + a \•'•\,P , . \ slough sedge O1 D.C. .• i\ `\l•\1\\, 1`.st,:ill 1 I 1 I ' 1 11 4 corylYa Gomato z OAL - ' \ A, ;V �1 \ 1 .! I ® R hazelnut m 4•o.c. /:i 1 i i i 1, 1 1 ?. \\.,_ _�/ ) 1 I (\, 7 oO aD cornea alolon'lera z cp. /1 I 1 I•� ) 0 \` - / d , I - red osier dogwood O 4 O,C. I I,j iri E� -\\\\ `\\\(� \�sL.AA``'' DBUFFER ,e0 ; i 11euil'��IIIIC~II cTIs11IN=h.11u�li1111i1.1i(I.II.IIFII.�IIIII IL\I.=�It1.��(;, Ill[llllll�711`IIII IIILII�I O 44 Geuther's shdlon 1 CAL \\• I 9 EX.WL'µn.O BOUNDARY--{- I 11. II 11=1I II .I/U Said O 3'O.C. W\\ 1 ''\‘' \11 111 I , d wuu zo•DIAUETu II .II 11 11 II II II` DRAWWG ISSUED FOR: - \ n 1-11�I =1L• 1'-:IIFII BO Ph/ 1\11 I111 11 `e!,,a \.\ ,3a•1 LOG AT la'Aeo\c R0'0 COLLAR ;1f=IIGlall=ll-II=If �Cf J nraearpus capital. e(\L. 111111111/�, 'y \ -I=U=nFnw11=.IICII Ux mebork Vac. AGENCY /Irlllll if.i, ' �"�� I NOTE:TYPICAL HORIZONTAL URGE WOODY DEBRIS(UM FOR _N,r,•IICIs-11=,I.14, REVIEW ^, \ PLACEMENT IN WETLAND AND BUFFER AREAS.(MAY USE ENTIRC' ' I s'/ _ -.f•iii 11 O \\ , . /,/ \/ ` - -I - TREE). 44 RLea san9dneem ]Vi DATE MARCH 25,2002 j ,. \ ti• 4, , \ , 1� ( - flowerin euRant 6 4 O.C. • I /i 1 # 1 vs, \ \ 1 O 9 1 I I�,-��Q \Cal,, ,1 \ \ \ \1\ \ LOG AND STUMP DETAILS 4 Roea gymnoaarpo z cpL. dd Foos n 4 o.e �J1 1y I !' \` ` \`��,�q,I 1�,eA l O `1'`+\ \\ \ \ i\\ \ 1 / Q eo Rubino atr,ins 2 cpL. i I \K ` T �'�,\m�a m \1\ \\ \ as m a o.c. � 47 Seiprua acutus 4'slug 1 \.' \ \ \\`_ Vinir MGrdstem Bu rus ®1 0.. 1111 II*. I \\ \\ ` 2�y\� 1 , + \ 1\ ,... 10111116. '©-,' 41 Sciprus microearpus 4'plug AW CP WAaiTHO1aTON SOP- ` 1 1w Q:{'� �___yaa•TTT ETvy�c \‘,. . \\\ �+ . I and fruited bulrush O 1'O.C. 1/11oePEORITERED fsPB � 1 1 \ �� Ya�, °a(n`w��,\�\• 'Q' 0 46 Symphancerpos albus 1 GAL. • I�. 74L,;;1ni ' '--1 A7\\�\ \\\ 1. snowberrr o 4 o.e /! G. � \\ • \ '� 4 R mimmaeerry a o G,o.0 RAJ CREATED SOFTER CI I S11..may. \ • GEATIFIGTENO,a02 GRADE 906 SlOPCS i0 • a /////lPPP!����� « i fe1 `\\ ``\ \ 1 AC Cv.ENLAND AREA I '' ! �w � O\ �], ``F:L., \\ 1 • 1 j ; ".. C"-o:':.'• Y' �N ...'-' �38+ FREMECTNO: 0220 CRUTED FtIL°>►-'y. �� a�:pI. \` 220L11 Y2ILAND'c' T`- VY+, �.- \\ N X.REFS: CM DRAWN It XLD Tr—..-----...NU-Z=T `Qi m= •j Ex,DRAINAGE SCALE\__ / lCHECREOBM _ -_- 390. �•d; }—_—� PLOT]C VC 1:1 d 1•-, STREAM, WETLAND AND BUFFER SECTION ORAwiNOSCALE]:1•-30'-0•, 1 \ g �;zfi / ` ENLARGEMENT A 1•-l0'-0• `-\•``_`=- 1•\�_�_-\�r• ' `'\ DpAWRlO CAMFIEIS ' \ l = - SCALE:1•-IU'-0• �i '' OIEAICD RIROSO ENLARGED PLANTING- STREAM, WETLAND AND BUFFER PLANTING DETAIL N CREAM) DIMING PLAN &TOPICAL ENLARGEMENT 3 i'EILANO "[NAND Eai'ANILA® B1I`"100100aEa SECTION ,I, \ I1 SCALD I•-]0'-0• „ V • dUWINO HO: • • L1 . 2 • 2 OF 3 ' . ' V-- 1 : r23N R5E W 1/2 a St. f.— Lgdi---7--ti ' --r St. ---- L----11 -.1 i*,q0{-:•--U , • • ___ . .____ __ _ ________ __ _r_ 1 ' . . 1 , ____ -NE 3rdP1.-- :it": ----- - EL 1 h) - --c-s--- --c s—-.-------1 —Ito - 2 Z._ -------- f=c) 1 • R—10(P) :-,---1---- --------- ...__, • up F. R-8 1 1 R—8 - 6 •<4 .<0 SE 132nd — ' , =Z.= •---,L1:- tc, rz -<0 c • t . 1 1. us ITR-1 • ., 4 ----1------- w ----1111g 1111--REW Ole -- in . NNW — C 'd H ,1 I Rjra I ii---.- i ---0 . • or-9-- , __IL N El ._1-_--7-_,----- ko .„. • ow\ -- in \ /IV: \ \ 00* 14 A \- - 11 ri--.-- 11.1 '!'' \ /1 H , I - ik \ --- 111111- .\- " \ ltiw" 1 , \,------- 0 112 ' 0 1,\ --IR\—i1 _ _ / -8, \ .".-- st Ig.A. ' SE 142n.d St. ci RC(P) -- -=C 1 cp , \ , G6 - 22 T23N R5E W 1/2 41,,,=syla ItYll'' ZONING ----Renton Olty Limit, 1:4800 F6 li P/B/PW TECHNICAL SERVICES .4,1110 03/15/02 1 15 T23N R5E W 1/2 5315 Page 1 of 2 Andrea Petzel - Re: Changes to the Ribera Review k.v'-,. ., 5'_+?firT�. "m, ..,�. r.. ... '. .-. .;' .•v".:�,< t�..�a_.� �°.. .. .., .',i .,4».fia �..� :b. r_o »,.Ln"N ,'".;..`.4��<Ya$tsr,. ��i+"�t X�':_ _ .. �,...—,� From: Andrea Petzel To: darrell.offe@comcast.com; Johnson, Per; TFoster@SeattleMortgage.com Date: 03/18/2008 5:21 PM / Ci1J/ v\ -(2 l/ Subject: Re: Changes to the Ribera Review J CC: Henning, Jennifer; Henninger, Arneta • Per, There doesn't need to be a performance standard for the stormwater plantings. But be advised that they will need to be maintained, and if they are not surviving, or the area becomes dominated by invasive species, the dveloper will be issued an order to correct by a code compliance inspector. I look forward to reading your revised report. Andrea >>> "Per Johnson" <PCJ@shanwil.com> 03/17/08 9:31 AM >>> Andrea, Thanks for sending this over. In general, the recommendations and requirements specified in the memo from Stephanie Smith (Otak) seem very reasonable. I have summarized the requirements relating to the plant material and plant installation to Tom Foster so he can begin the process of getting those plants in the ground and meet the City's deadline for finalizing his plat. However, I do have an issue with one aspect of this memo. This mitigation plan has been prepared to address 5,912 square feet of temporary buffer impacts to create the required stormwater pond. To mitigate for this, the mitigation plan proposed to restore the impacted buffer (5,912 square feet), provide an additional 5,912 square feet of buffer, and enhance 16,012 square feet of buffer. This equates to a 2:1 mitigation ratio for temporary buffer impacts between the restoring the Impacted and Replaced buffer areas, plus an additional 2.7:1 mitigation ratio of Enhanced Buffer. This is more than what is required for impacts to Category I scrub shrub wetlands under the new code. This mitigation plan was developed to provide more than what should be sufficient given that the project is vested under the old code and has no permanent impacts to wetlands or buffers. For this reason, we did not offer performance monitoring of the Enhanced Buffer or Stormwater Pond in the original (approved) mitigation plan (3-27-08) or within the Revised Performance Monitoring and Success Criteria letter (1-15-08). In fact, the planting plan for the stormwater pond was only submitted at your request and it was never intended to be subject to the performance monitoring or success criteria requirements in the mitigation plan. Therefore, I do not think it is appropriate for any performance monitoring or success criteria to be associated with the plantings in the Enhanced Buffer or Stormwater Pond. Due to the City's requirement of 5 consecutive years of successfully achieving performance monitoring requirements and my experience with the City's interpretation of this, there is no incentive for our client to do anything more than what is absolutely necessary per the code since any failure (even temporary or unforseen) can restart his 5-year performance monitoring requirement. Therefore, we dispute Paragraph 3 of Item 4 and those details in Item 6 that pertain to plant material requirements and performance monitoring requirements for the Stormwater Pond. Hopefully, we (you, Stephanie Smith, Jennifer Henning, and I) can resolve this quickly so as we can make any and all revisions to the report as you've requested. Please let me know if you have any questions. Thanks Per Johnson Biologist, CESCL Shannon &Wilson, Inc. 400 North 34th Street, Suite 100 PO Box 300303 Seattle, Washington 98103 206-695-6699 (Direct) file://C:ADocuments%20and%20Settings\nweil\Local%20Settings\Temp\GW}00001.HTM 03/18/2005 Page 2 of 2 206-437-1349 (Cell) 206-695-6777 (Fax) Excellence, Innovation, Service, and Value Since 1954 >>> "Andrea Petzel" <APetzel@ci.renton.wa.us> 3/14/2008 4:21 PM >>> Per, I'm forwarding you the review comments from Otak. Please revise your report as necessary and make adjustments to plantings and performance standards. I'll need two copies of a revised report, or other acknowledgment that you've received the secondary review and made the changes. Let me know if you have any questions. Andrea file://C:\Documents%20and%20Settings\nweil\Local%20Settings\Temp\GW}00001.HTM 03/18/2008 Technical Memorandum 0 - To: City of Renton Andrea Petzel, Associate Planner 11111 From: Stephanie Smith,Wetland Biologist 10230 NE Points Drive Suzanne Anderson, Senior Wetland Ecologist Suite 400 Copies: Kirkland, WA 98033 Phone(425)822-4446 Date: March 14, 2008 Fax(425)827-9577 Subject: Secondary Review of the Revised Performance Standards for the Impacts to Critical Areas Associated with the Ribera-Balko Short Plat, 102-129" Project No.: 31033 As requested by the City of Renton, Otak staff have reviewed the mitigation plan and addendum for the former Ribera Balko Short Plan property. The purpose of our review was to evaluate the mitigation plans and addendum for consistency with Renton Municipal Code and best available science.Towards that end,we reviewed the following documents: • Former Ribera Balko Short-plat Property Final Wetland and Stream Buffer Mitigation Plan by Shannon&Wilson,Inc., dated March 27,2007 (referred to in this memorandum as the mitigation plan); • Revised Performance Monitoring Success Criteria for the Former Ribera Balko Short-plat Property by Shannon &Wilson,Inc., dated January 15, 2008 (referred to in this memorandum as the addendum); and • Renton Municipal Code (RMC). Introduction It is our understanding that the original mitigation plan prepared by Shannon &Wilson, Inc. was approved by the City of Renton. On that basis,we have not reviewed the documents for compliance with RMC mitigation ratios. It is unclear whether or not the plants specified in the planting plan (addendum Sheets 1 and 2) have been installed. At some point, the applicant placed mulch (hog fuel) throughout the entire buffer and did not plant native grass seeds as specified in the mitigation plan. The applicant has formally requested additional revisions to the mitigation plan including: performance standards; the planting plan for the K:\project\31000\3I033\Reports\Ribera Balko Review 031408 SA.doc a - - City of Renton Page 2 Andrea Petzel,Associate Planner March 14, 2008 stormwater pond; and the split-rail fence detail. The applicant has also requested that the contractor be allowed to use herbicide to control noxious and nuisance weeds. Findings and Recommendations I. Mulch and Grass Seeds:The mulch (or hog fuel) that has been applied should not be removed, and grass seed should not be spread over the mulch. 2. Non-native invasive species: Performance Standards for Year One as well as Years Two through Five (addendum page 3 #3, and page 4#'s 2 and 3) should all be revised to specify that in addition to Himalayan blackberry (Riibus armeniacus), reed canarygrass (Phalaris arundinacea), and English ivy (Hedera helix), all species listed by King County as Noxious Weeds of Concern and the Non-designated Noxious Weeds will be removed.These two King County lists include the non-native invasive species that are most like to invade the site. We recommend that the performance standards for percent aerial cover by non-native invasive species throughout all of the buffer areas (addendum pages 3 and 4), as well as for the stormpond, be set at 10 percent, as is required by King County for mitigation plans (http://w«w.metrokc.gov/ddes/forms/ls-not-samit.pdf). 3. Herbicide Use: We agree that appropriate herbicide can be used to control non-native invasive species only after all manual-control methods have failed. Below are specific guidelines for control of non-native invasive species: • Manual Control: Non-native invasive species will be hand weeded or cut with the lightest possible equipment with minimal disturbance to desirable vegetation. For Himalayan blackberry control: when the soil is moist, cut and remove long canes leaving approximately one foot of the cane(s) above ground. We recommend using a Weed Wrench TM (http://www.weedwrench.com/) to extract crowns and roots. All removed non-native species materials shall be removed from the site and disposed of properly (e.g. at approved yard waste disposal sites). Guidelines from King County Noxious Weed Control Program Best Management Practices program should be followed http://dnr.metrokc.gov/w1r/lands/weeds/bmp.htm • Herbicide Control: Herbicide use shall not be allowed in wetland or riparian areas, or within the stormpond. Limited herbicide use may be allowed in upland buffer areas only with approval from the City of Renton after manual control efforts for blackberries and other non-native invasive species have failed. Only Rodeo®,AquaMasterTM (glyphosate herbicides) or other herbicides that are approved for use in wetland and stream buffers by Washington State Department of Ecology shall be used. Application of herbicide within the upland buffers shall only be done by an applicator licensed by the State of Washington with an endorsement for aquatic pest control. Herbicide shall not be sprayed in buffer areas. To control blackberries: in the late summer, cut re-sprouts to within six to twelve inches of the K:\piroject\31000\31033\Reports\Ribera Balko Review 031408 SA.doc City of Renton Page 3 Andrea Petzel,Associate Planner March 14, 2008 ground and immediately paint/wipe cut ends with concentrated herbicide. For control of other non-native invasive species,wipe the leaves or cut stems with herbicide, depending on the species. Guidelines from King County Noxious Weed Control Program Best Management Practices program should be followed http://dn.r.metrokc.gov/w1r/lands/weeds/bmp.htm 4. Performance Standards: It is our understanding that the Impacted Buffer,Buffer Replacement and Buffer Enhancement areas designated on Figure 2 have been covered with approximately six inches of hog fuel. On that basis,we concur with the request to delete the performance standard requiring 90 percent cover by installed and native herbaceous and woody species by Year 2 (addendum page 2). The performance standards for Years Two through Five specify (addendum, page 4, #1): "The "impacted"and "replaced"buffer areas will achieve either 85 percent survival or 5 percent aerial coverage of native installed and recruited woody vegetation by the end ofyear two;85 percent survival or 10 percent aerial coverage of native installed and recruited woody vegetation by the end ofyear three;85 percent survival or 15 percent aerial coverage of native installed and recruited woody vegetation by the end ofyear four;85 percent survival or 25 percent aerial coverage of native installed and recruited woody vegetation by the end ofyear five." Because many of the species to be installed (addendum Sheets 1 and 2) will propagate by short runners [e.g. Nootka rose (Rosa nutkana)], at some point it will become extremely difficult to distinguish between installed plants and volunteers.Therefore, 85 percent survival will be difficult to quantify throughout the five year monitoring period. It is our understanding that Himalayan blackberries (Rubus armeniacus) and reed canarygrass (Phalaris arundinacea) were present in the buffer areas. The most effective method for long term control of these non-native invasive species is the establishment of dense plantings of desirable native species to provide shade. Especially since the performance standard for percent aerial cover includes native woody volunteers, the proposed aerial cover percentages for Years 2 through 5 (5, 10, 15, and 25 respectively) will not provide density necessary to create shade. We recommend that Performance Standard #1 for Years 2 through 5 for the "impacted"and "replaced"buffer areas be revised to: a minimum of 85 percent survival of installed woody plants through Year 2 of the monitoring period. In addition, minimum percent aerial coverages by installed woody plants and volunteers of desirable native woody species: by Year 3 - 30 percent, by Year 4—50 percent, and by Year 5 - 70 percent. If necessary, planting densities in the plant schedules (addendum Sheet 1) should be adjusted accordingly. Performance standards must also be included for the stormpond (see Finding 6 below) and the "enhanced' buffer area. Since the planting plan calls for only Douglas fir (Pseudotsuga men#esiz) to be installed in the "enhanced' buffer area (addendum Sheet 1), there will not be any difficulty distinguishing between installed plants and volunteers,providing that the installed plants are flagged as specified in the mitigation plan (mitigation plan,page 8, #1). We recommend that a K:\project\31000\31033\Reports\Ribera Balko Review 031408 SA.doc • City of Renton Page 4 Andrea Petzel,Associate Planner March 14, 2008 performance standard be included to require a minimum of 85 percent survival throughout the five year monitoring period of all Douglas firs installed in the "enhanced" buffer area. 5. Monitoring Methods: The proposed method of monitoring by the line intercept method (page 8, #2) is notoriously difficult to replicate from year to year. In addition,when plants are installed in clusters (as specified in the mitigation plan page 6, Restoration Sequence #3, and on addendum Sheets 1 and 2) species are likely to be either over- or under-represented. We recommend using either a minimum size of 25-foot long, 10-foot wide belt transects, or equivalently sized rectangular plots. We recommend that all four corners of the permanent monitoring plots and the photopoints be established by installation of metal fence posts or rebar sections. 6. Stormwater Pond: Revisions to the stormwater pond planting plan in the addendum appear to be sufficient to achieve the City's ultimate goal of a vegetated perimeter around the pond. However no performance standards or monitoring specifications are included to measure the success of the stormpond plantings. We recommend including Performance Standards that specify a minimum of 85 percent survival of installed woody plants through Year 2 of the monitoring period, and 70 percent aerial cover by installed woody plants and desirable native woody species by Year 5. The addendum should also be revised to include appropriate quantitative monitoring methods.Although the addendum includes maintenance specifications for removing noxious weeds from the pond (page 4,Years Two through Five—Annual Monitoring, #3), those specifications should be revised to include non-native invasive species specified in Finding 2 above. In addition, specifications in the "Stormwater Planting Plan" plant schedule (addendum Sheet 2) for red-osier dogwood (Cornus sericea) must be corrected to specify either one-gallon plants or livestakes that are a minimum of 3-feet long,with '/cinch diameter. The planting plan must specify that livestakes can only be installed when they are dormant (approximately December through January),otherwise potted plants must be used. If potted plants are used, the planting density can be reduced to 5-feet on center. 7. Corrections to the Planting Plans:The planting plan plant schedules specify 1 gallon/bare root plants (addendum Sheets 1 and 2). Due to the expected high mortality of bare root plants, the plant schedules should be corrected to specify that if bare root plants are used, that they must be installed at three times the quantities specified for the potted plants. 8. Split-Rail Fence: We concur with the proposed split-rail fence detail revision (Addendum Sheet 2.0). If you have any questions regarding the memorandum, please contact Stephanie Smith at 425-739- 7978 or at Stephanie.smith@otak.com. K:\project\31000\31033\Reports\Ribera Balko Review 031408 SA.doc ALASKA IIU SHANNON bWILSON, INC. COLORADFLORIDA MSSOURO GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS OREGON WASHINGTON December 29, 2008 OlettZGI C rr �p, Ms. Rocale Timmons DEC L ,no juu City of Renton **WED 1055 South Grady Way Renton, WA 98057 RE: WETLAND AND STREAM BUFFER MITIGATION INSTALLATION, FORMER RIBERA BALKO SHORT PLAT PROPERTY,RENTON, WASHINGTON Dear Ms. Timmons: Shannon&Wilson has prepared this letter to report on installation of the wetland and stream buffer mitigation on the former Ribera Balko short plat property(File No. LUA 02-129), Renton, Washington,hereafter referred to as"the site"or"the mitigation site." The goal of the buffer mitigation is to compensate for unavoidable impacts to the wetland and stream buffer as a result of a proposed commercial/residential development. The City of Renton (the City) approved the Final Wetland and Stream Buffer Mitigation Plan,prepared by Shannon &Wilson on March 27, 2007, for temporary impacts to approximately 5,912 square feet of wetland and stream buffer. The mitigation plan proposed to restore the"impacted buffer"and provide an additional 5,912 square feet of"buffer replacement" and an additional 16,012 square feet of"buffer enhancement." Shannon&Wilson conducted a baseline performance monitoring of the mitigation site on July 16, 2008. As part of the baseline performance monitoring, a comprehensive plant count was conducted and seven permanent belt transects were established. The results of this baseline monitoring are provided in our Wetland and Stream Buffer Mitigation Baseline Performance Monitoring Report, dated September 2, 2008. During the baseline monitoring, we observed that the split-rail fence and temporary irrigation system had been installed. Vegetation had been installed in the"replacement,""enhancement," and"restoration"buffer areas and mulch(hog fuel)was present in cleared areas north of the stormwater pond. 400 NORTH 34TH STREET•SUITE 100 21-1-12193-004 P.O. BOX 300303 SEATTLE, WASHINGTON 98103 206.632.8020 FAX 206.695.6777 TDD: 1.800.833.6388 www.shannonwilson.com Ms. Rocale Timmons SHANNON&WILSON,INC. City of Renton December 29, 2008 Page 2 EROSION AND WEED CONTROL Subsequent to the City's approval of the mitigation plan, the City proposed that the applicant clear the entire buffer of blackberry as a first step to implementing the restoration, and they asked that the native vegetation be preserved where possible. In early September 2007, to accommodate the City's request,buffer areas were cleared of Himalayan blackberry(see As-built areas 1, 2, and 3) and native vegetation was preserved where possible(see As-built areas 4, 5, and 6). Prior to clearing of blackberry and site grading, a silt fence was installed near the wetland boundary and along the tributary to Maplewood Creek for temporary erosion and sediment control. Following the buffer clearing in September 2007, approximately 6 inches of mulch(hog fuel) were spread over cleared areas to suppress blackberry growth and to stabilize the buffer from erosion. In their March 14, 2008, letter, the City's consulting biologist, Otak, recommended that the mulch remain in place and that grass seed should not be spread over the mulch. At the time of our baseline monitoring, mulch had been placed on site in areas where clearing occurred, except in areas along the perimeter of the storm pond and on the western slope north of the Maplewood Creek culvert. The applicant has said that they intend to place mulch throughout the entire cleared buffer area at a later date as part of ongoing site maintenance. PLANT INSTALLATION During our baseline monitoring, we observed that fewer plants than specified in the approved mitigation planting plan had been installed southeast of the isolated wetland, south of Maplewood Creek culvert, and along the western perimeter of the storm pond(see As-built areas 4 and 5). Since the baseline monitoring, additional plants have been installed and the total number of plant installations exceeds the quantity specified in the approved mitigation plan. Table 1 (as follows) summarizes plants installed on site and compares those to plant quantities specified in the planting plan. 21-1-12193-004-L4.doc/wp/LKD 21-1-12193-004 Ms. Rocale Timmons SHANNON iWILSON,INC. City of Renton December 29, 2008 Page 3 TABLE 1 PLANT INSTALLATIONS Baseline Plants Installed ,.Planting :Plant `after -,' ;Y m 1 a Total"Plants" ,SCommon`Name Scientific Name ' Plan" Count2 Monitoring " Installed; Indian plum Oemleria 126 88 50 138 4 cerasiformis Lewis'mock orange Philadelphus lewisii 100 105 12 117 4 Tall Oregon grape Mahonia aquifolium 108 111 9 120 4 Nootka rose Rosa nutkana 140 134 13 147 4 Douglas fir Pseudot.. 153 124 29 153 menziesii TOTAL 627 562 113 675 4 Notes: 1. As specified within Table 1 of the Former Ribera Balko Short Plat Property Final Wetland and Stream Buffer Mitigation Plan(March 27,2007). 2. The baseline plant count occurred on July 16,2008. It is likely that some plants were missed during this plant count due to either their size or mortalities. 3. Seventy-three(73)plants were installed in late August/early September(see enclosed e-mail and figure provided by Offe Engineers and check for$860.88 to Rosso Gardens). Forty plants were installed in early December 2008(see enclosed invoice for$519.49 from Rosso Gardens). 4. Exceeds quantity proposed in approved mitigation planting plan. Minimal plantings have been installed in the areas southeast of the isolated wetland(see As-built area 5), south of Maplewood Creek culvert(see As-built area 4), and along the eastern boundary of Wetland A in the northern portion of the site(see As-built area 6). These areas are currently vegetated with dense, woody, native vegetation. For areas that were too dense to plant and where clearing would disturb the native vegetation, plants were reallocated and installed in other portions of the mitigation site. These areas (where dense native vegetation was retained) will still continue to be subject to the mitigation performance success criteria and will be maintained for weed control as required within the approved mitigation plan. As well as installing additional plants within the approved mitigation site, 44 native, woody shrubs have been installed in a cleared area north of the isolated wetland and south of(within) the split-rail fence(see As-built area 7). 21-1-12193-004-L4.doc/wp/LKD 21-1-12193-004 Ms. Rocale Timmons SHANNON 6WILSON,INC. City of Renton December 29, 2008 Page 4 SIGNAGE Thirteen"Sensitive Area" signs were installed along the split-rail fence at approximately 70-foot intervals and a"Maplewood Creek Tributary" sign was installed on the split-rail fence facing NE 4th Street(based on an e-mail and a sketch provided by Michael Brown of Langley 4th Avenue Associates on October 30, 2008). CONCLUSION Based on our site visit and the information provided by the applicant, we believe that the installation of the mitigation has been completed adequately, except for the application of mulch in cleared buffer areas. The As-built drawing and this letter reflect where the plans deviated from the initial approved mitigation. With the exception noted above, these deviations were done to adapt to the site conditions and should be approved by the City because the installed ' mitigation meets the intent of the approved mitigation plan. CLOSURE The findings and conclusions documented in this letter have been prepared for specific application to this project and have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area, and in accordance with the terms and conditions set forth in our agreement. The conclusions and recommendations presented in this letter are professional opinions based on interpretation of information currently available to us and are made within the operational scope, budget, and schedule constraints of this project. No warranty, express or implied, is made. 21-1-12193-004-L4.doc/wp/LKD 21-1-12193-004 Ms. Rocale Timmons SHANNON&WILSON,INC. City of Renton December 29, 2008 Page 5 We assume that the City will provide written confirmation of acceptance of the As-built. If you have any questions,please contact me directly at(206) 695-6876 or via e-mail at bxe@shanwil.com. Sincerely, SHANNON &WILSON, INC. Brooke Erickson Biologist BXE:KLWlbxe Enclosures: Sheet 1 —Wetland and Stream Buffer Mitigation As-built E-mail from Offe Engineers, November 18, 2008, With Attached Figure Check No. 1077, Paid to Rosso Gardens on August 30, 2008 Invoice No. 7100833 From Rosso Gardens, Paid December 9, 2008 c: Tom Foster, Fourth Avenue Associates, LLC 21-1-12193-004-L4.doc/wp/LKD 21-1-12193-004 CITY IF RENTON � © • Department of Community and Economic Development Denis Law,Mayor Alex Pietsch,Administrator - NTO April 1, 2009 Bruce E. Groom Seattle Mortgage Company 190 Queen Anne Ave. N. #100 Seattle, WA 98109 Subject: Release of Assignment of Funds Wetland Installation Ribera-Balko, LUA02-129 NE 4th & Union Ave NE Renton, WA 98058 Dear Mr. Groom: This letter will serve as authority to release the Assignment of Funds in account number 2191-001 in the amount of$66,000.00. This Assignment of Funds was posted with the City of Renton on behalf of Langley 4th Avenue Associates, LLC on August 6, 2007. The original security device is enclosed for your files. If you have any questions, please contact Jennifer Henning at(425) 430-7286. Sincerely, t ?)41t1:(61t4(-CIV ?le Jennifer Henning jt, (�Oa Current Planning Manager • Cc Tom Foster Langley 4th Avenue Associates,LLC 6450 Southcenter Blvd,# 106 Seattle,WA 98188 Jennifer Henning,Principal Planner Kayren Kittrick,Engineering Supervisor Linda Weldon,Accounting Assistant File LUA02-129 1055 South Grady Way-Renton,Washington 98057 RENTON AHEAD OF THE CURVE • SEATTLE SAVINGS B A N K 190 Queen Anne Ave. N. #100 P. O. Box 19102 • Seattle, WA 98109 ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT Langley 4th Avenue Associates,LLC BANK Seattle Mortgage Company Owner Langley 4th Avenue Associates,LLC Branch Corporate Address 6450 Southcenter Blvd#106 Address 190 Queen Anne Ave.N.#100 Seattle, WA 98188 Seattle, WA 98109 Phone 206-499-8491 (mobile#) Phone 206-273-7350(direct line) Fax 206-244-1438 Fax 206-568-7814 Attention Tom Foster Attention Bruce Groom Title Members/Managers Title SVP The above referenced bank hereby certifies that Sixty-six Thousand Dollars($66,000.00)is set aside under Loan Number 2191-001,to secure the Applicant's performance of the following work required in connection with the plat or project described below(see attached Bid): II Plat or Project: CI bera_— &l i(c) S i�o r-f 9I f (A A- ®2 — /3..7 Location/Address of Plat or Project: ziL2 2.5 /./ic The required work is generally described as follows: Refer to specifications on Bid The Bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton(the City). The Applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the Bank. This Assignment of Funds cannot be cancelled by the Bank or the Applicant. These funds may not be assigned, pledged,used as security or otherwise made available to the applicant,bank or a third party without the prior written consent of the City. APPLICANT BANK LANGIY 4`11 ENUE AS OC ATES,LLC SEATTLE S G K- By: By: Bruce . Groom, Sr.Vice President Date: e- - 7 Date: g'//o ' • OS CITY 3F RENTON Department of Community and Economic Development Denis Law,Mayor Alex Pietsch,Administrator November 13, 2008 Tom Foster 0 Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 Subject: Request for Release of Security Ribera Balko Short Plat Wetland Mitigation City File#LUA02-129 Dear Mr. Foster: I'm writing in response to the 10/29/08 email I received from Michael Brown,requesting the release of security funds for the instillation of the mitigation project along with the approval of the draft contracts for maintenance and monitoring. In order to release your security,I will need the following: 1)Verification Letter—A letter from your wetland biologist specifically stating that all mitigation was installed in full accordance with the 3/27/2007 mitigation plan developed by Shannon&Wilson, Inc. 2)As-Built Plans for the Mitigation Areas—A copy of the mitigation as-built plans be submitted. 3)Verification of Deed Restrictions—RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth Protection Easement. If you haven't already done so,please clearly identify Tract A as a Native Growth Protection Area on the final Plat along with the wetland type and category. 4)Maintenance and Monitoring Contract Changes—Please provide a revised provide a draft of the maintenance and monitoring contract from Shannon&Wilson, Inc. that includes the following: • The letter should be in contract form; and there should be space provided for both parties entering into the contract to sign. • The 5th scope of service on Page 2 of 3 should be revised to read: "At the end of the successful 5-year monitoring period..." 5)Final Release of Installation Surety and Replacement with Monitoring and Maintenance Surety—In order to release the installation security device we must first receive the replacement maintenance and monitoring security device. Based on the final contract, I will be able to provide you with the required surety device amount(at 125%of 1055 South Grady Way-Renton,Washington 98057 RENTON �� AHEAD OF THE CURVE L? This paper contains 50%recycled material,30%post consumer Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 15' WATERLINE EASEMENT Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name:RIBERA-BALKO SHORT PLAT Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1.Langley 4th Avenue Associates 1. City of Renton, a Municipal Corporation The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,an easement for public water lines with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described as follows: A portion of the following described property: Parcel A of City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No.19990623900005. Situate in the NW ;1i of Section 15, Township 23 north, Range 5 east, of the Willamette Meridian, in the City of Renton, King County, Washington. See Exhibit"A"for easement description. Rocale Timmons- Ribera/Balko Wetlands Monitoring and Maintenance Bids r _.:.__...,.Y._ Page 1 From: Michael Brown <MBrown@SeattleMortgage.com> To: RTimmons@ci.renton.wa.us Date: 10/29/2008 10:44:29 AM Subject: Ribera/Balko Wetlands Monitoring and Maintenance Bids Attached are the two bids. One from Shannon Wilson for the ongoing monitoring for 5yrs, the other from Offe for the physical work or possible replacement and general maintenance. I am forwarding you the email from the landscaping as it details out the math of the contract. The Shannon Wilson bid is attached. Let me know if you need any further language changes to the contract before execution... Thanks Mike Brown Langley 4th Ave Associates. Disclaimer: The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that it is strictly prohibited (a)to disseminate, distribute or copy this communication or any of the information contained in it, or(b)to take any action based on the information in it. If you have received this communication in error, please notify us immediately by replying to the message and deleting the message and any included attachments from your computer. Thank you. • n?rt.Ni,� 00 ZiRITELC.LP04,-Falr PLAN .r r 2018 6 August 29, 2008 40 r j Mr. Tom Foster ® Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, WA 98188 RE: PROPOSAL FOR FIVE-YEAR PERFORMANCE MONITORING OF THE WETLAND AND STREAM BUFFER MITIGATION AREAS ON THE FORMER RIBERA BALKO SHORT PLAT PROPERTY,RENTON, WASHINGTON Dear Mr. Foster: Shannon & Wilson is pleased to submit this scope of services to conduct performance monitoring of the wetland and stream buffer mitigation on the former Ribera Balko property, which is located in Renton, Washington and hereafter referred to as "the site." We have developed this proposal and cost estimate based on monitoring requirements as set out by the City of Renton, the Final Wetland and Stream Mitigation Plan prepared by Shannon&Wilson (March 27, 2007), and as revised'by the City's consulting wetland biologist(Otak) in their March 14, 2008 technical memorandum. This proposal is prepared with the assumptions that plant replacement and maintenance will be completed regularly and that the City will not restart the 5-Year monitoring clock. SCOPE OF SERVICES Our scope Of services for this will consist of the following tasks: ► Conduct pei;formance:monitoring of the site throughout the required 5-years. Monitoring will occur quarterly for the first year and annually thereafter, for a total of 8 monitoring events as outlined below: Year One 1st Qtr.—October 2008 Year One 2nd Qtr.—January 2009 Year One 3`d Qtr. —March 2009 Year One 4th Qtr.—July 2009 Year Two—July 2010 Year Three—July 2011 21-3-51836-001 Mr. Tom Foster August 29, 2008 Page 2 Year Four—July 2012 Year Five—July 2013 ► A site visit will occur for each monitoring event to assess the buffer mitigation areas and to provide a basis for determining whether the goals of the mitigation plan are being met. Results of monitoring events will be compared to those conditions measured during the baseline event to assess the mitigation areas progress. Additionally, a comprehensive plant count will be conducted at the end,of year one for the entire buffer area. ► Prepare a brief maintenance letter after each monitoring event to identify any adaptive or remedial actions to ensure that the goals of the mitigation plan are achieved. We assume that a maintenance letter will not be necessary after the eighth(year-5) monitoring event. ► Complete a performance monitoring report for each:monitoring event that will document the results of the performance monitoring and provide quantitative and qualitative assessments of the revegetation. Reports will include percent plant survival of installed woody vegetation, percent areal cover of installed and desirable native woody vegetation, noxious and nuisance weed infestation,-maintenance concerns and other conditions that may be detrimental to the success of the mitigation, direct or —indirect wildlife observations, and photographs of the buffer area. ► At the end of the 5-year monitoring period, Shannon&Wilson will prepare a brief letter to the City requesting release of the performance monitoring/mitigation bond on your behalf. A site visit will occur with the City as part of their final inspection to review the success;Of the mitigation:areas: COST ESTIMATE AND SCHEDULE The estimated=cost for the above scope of services is $46,000 and as shown in the attached estimate. Our'fee.for the above work and the terms and conditions under which our services are offered will be in:accordance with the enclosed Standard General Terms and Conditions. We will perform the above scope of services on a time-and-materials basis. We will only charge for actual time spent completing the above scope of services, and will not exceed the authorized amount without your consent. Fieldwork for this project will occur in accordance with the City's requirements and as shown in Table 1. A performance monitoring report can be prepared after each monitoring event within 4 weeks after completing the fieldwork. 21-3-51836-001 Mr. Torn Foster August 29, 2008 Page 3 This proposal does not include any additional services that may be required. Our estimate assumes that only a single site visit is required for each monitoring event. If maintenance or plant survival becomes an issue we may need to assist with compliance. In addition, if the city requires additional monitoring events because of issues on site, we will need to amend this scope of services. CLOSURE We have included as an enclosure our"Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal." Although this document was not written specifically for the subject property, it should be useful in assisting you and others in understanding the use and limitations of our proposals. If this proposal meets with your approval,please sign in the space provided and return a copy of this letter to Shannon&Wilson, which will serve as our notice to proceed. This proposal is valid for a period of 60 days from the date of issue. We are please to have this opportunity to assist you with'this.project. If you have any questions,please contact me at(206) 695-6738. Sincerely, , SHANNON &WILSON,INC.: Katie L. Walter, P.W.S. Senior Associate Natural Resources;Manager • BXE:PCJ:KLW:bxe - • Enclosures: Standard General Terms and Conditions SEA-GH-2008 (1/2008) Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal 21-3-51836-001 PLANNING NI ON Q, 'a, f,� 2 UR OFFE ENGINEERS PLLC f**+zoo' MAINTENANCE AND REPLACEMENT CONTRACT AGREEMENT Ribera/Balko Short Plat (LUA02-129) ,.'r, Renton, Washington rr' King County Tax # 518210-0020 . By this agreement dated October 28, 2008, Langley 4th Avenue Associates, LLC ("Client") requests and • authorizes Offe Engineers, PLLC ("Engineer") to provide maintenance and replacement services for the wetland buffers on the above referenced property. The services performed under this agreement ("Contract") are outlined as follows: Maintenance and Schedule - Trim or remove noxious weeds and grasses as defined within Shannon &Wilson, Inc. wetland plan - Repair split rail fence as needed - All materials needed shall be provided by client - Schedule—site visit performed every 4 months (3 times a year) for 5 years total. - Cost- $400 per site visit Replacement and Schedule - Remove and replace mitigation plantings installed by Offe Engineers, PLLC under original contract. Shannon &Wilson shall provide location and markings of mitigation plants to be removed and replaced prior to services being performed. - All plant materials shall be provided by client. Lr - Schedule—replacement visit to be performed once a year(between December to March) for 5 years total. F� - Mortality Rate—Assume 10% for year 2009; 5% for year 2010; and 1% for the next three—1, rn� years (2011-2013). If mortality rate exceeds assumption, then cost shall be renegotiated. - Cost- $3,000 per replacement visit for Year 2009; & $2,000 per replacement visit for Year 2010, 2011, 2012, &2013. Cost of services defined above shall be billed the month services have been provided. Invoices will be mailed the end of the month, payment due within 20 days from date of invoice. Contract becomes null in void if payment is not received within time frame indicated. Contract is in force for five (5)years from date of mutual acceptance. The laws of the State of Washington govern this contract. On behalf of the Client, I have read, understood and agree to the terms of this contract. Langley 4th Avenue Associates, LLC Date Agreed to on behalf of Offe Engineers, PLLC. Offe Engineers, PLLC Date By Darrell L. Offe, Principle COST ESTIMATE-DRAFT Proposal No.: 21-3-51836-001 Project: Ribera Balko Short Plat Mitigat Client: Tom Foster,Fourth Ave Associ, By: BXE Quantity per Monitoring #of Rate Event Events Subtotal Subtotal 2008 Mitigation Monitoring (GH-08) Project Management Senior Associate $160.00 2 hr 1 $320.00 Field Visits Biologist IV $94.00 /hr 8 hr 1 $752.00 Maintenance Letter Biologist IV . $94.00 /hr 4 hr 1 $376.00 Senior Associate $160.00 /hr 1 hr I $160.00 Clerical $70.00 /hrr 1 hr 1 $70.00 Analyses&Monitoring Report Senior Associate $160.00 /hr 3 hr 1 $480.00 Biologist IV $94.00 /hr 24 hr 1 $2,256.00 Drafting $92.00 /hr 3 hr 1 $276.00 Clerical $70.00 /hr 2 hr 1 $140.00 Copies,etc 105 1 1 $105.00 Travel Biologist $94.00 /hr 1 hr 1 $94.00 Mileage $0.44 /mile 40 mile 1 $17.60 $5,047 2009 Mitigation Monitoring (GH-08+5%) Project Management Senior Associate $168.00 2 hr 3 $1,008.00 Field Visits Biologist IV $98.70 /hr 8 hr 3 $2,368.80 Maintenance Letter Biologist IV $98.70 /hr 4 hr 3 $1,184.40 Senior Associate $168.00 /hr 1 hr 3 $504.00 Clerical $73.50 /hrr 1 hr 3 $220.50 Analyses&Monitoring Report Senior Associate $168.00 /hr 3 hr 3 $1,512.00 Biologist IV $98.70 /hr 24 hr 3 $7,106.40 Drafting $96.60 /hr 3 hr 3 $869.40 Clerical $73.50 /hr 2 hr 3 $441.00 Copies,etc $110.25 1 3 $330.75 Travel Biologist $98.70 /hr 1 hr 3 $296.10 Mileage $0.46 /mile 40 mile 3 $55.44 $15,897 2010 Mitigation Monitoring (2009 rate+5%) Project Management Senior Associate $176.40 2 hr 1 $352.80 Field Visits Biologist IV $103.64 /hr 8 hr 1 $829.08 Maintenance Letter Biologist IV $103.64 /hr 4 hr 1 $414.54 Senior Associate $176.40 /hr 1 hr 1 $176.40 Clerical $77.18 /hrr 1 hr 1 $77.18 costestimate.xls Page 1 of 6 COST ESTIMATE-DRAFT Analyses&Monitoring Report Senior Associate $176.40 /hr 3 hr 1 $529.20 Biologist IV $103.64 /hr 24 hr 1 $2,487.24 Drafting $101.43 /hr 3 hr 1 $304.29 Clerical $77.18 /hr 2 hr 1 $154.35 Copies,etc $115.76 1 1 $115.76 Travel Biologist $103.64 /hr 1 hr 1 $103.64 Mileage $0.49 /mile 40 mile 1 $19.40 I $5,564 2011 Mitigation Monitoring (2010 rate+5%) Project Management Senior Associate $185.22 2 hr 1 $370.44 Field Visits Biologist IV $108.82 /hr 8 hr 1 $870.53 Maintenance Letter Biologist IV $108.82 /hr 4 hr 1 $435.27 Senior Associate $185.22 /hr 1 hr 1 $185.22 Clerical $81.03 /hrr 1 hr 1 $81.03 Analyses&Monitoring Report Senior Associate $185.22 /hr 3 hr 1 $555.66 Biologist IV $108.82 /hr 24 hr I $2,611.60 Drafting $106.50 /hr 3 hr 1 $319.50 Clerical $81.03 /hr 2 hr 1 $162.07 Copies,etc $121.55 1 1 $121.55 Travel Biologist $108.82 /hr 1 hr 1 $108.82 Mileage $0.51 /mile 40 mile 1 $20.37 $5,842 2012 Mitigation Monitoring (2011 rate+5%) Project Management Senior Associate $194.48 2 hr 1 $388.96 Field Visits Biologist IV $114.26 /hr 8 hr 1 $914.06 Maintenance Letter Biologist IV $114.26 /hr 4 hr 1 $457.03 Senior Associate $194.48 /hr 1 hr I $194.48 Clerical $85.09 /htr 1 hr 1 $85.09 Analyses&Monitoring Report Senior Associate $194.48 /hr 3 hr 1 $583.44 Biologist IV $114.26 /hr 24 hr 1 $2,742.18 Drafting $111.83 /hr 3 hr I $335.48 Clerical $85.09 /hr 2 hr 1 $170.17 Copies,etc $127.63 1 1 $127.63 Travel Biologist $114.26 /hr 1 hr 1 $114.26 Mileage $0.53 /mile 40 mile 1 $21.39 I $6,134 I 2013 Mitigation Monitoring (2012 rate+5%) Project Management Senior Associate $204.21 2 hr 1 $408.41 Field Visits(includes final inspection meeting with City) Biologist IV $119.97 /hr 16 hr 1 $1,919.53 Final Monitoring Letter requesting sign-off Biologist IV $119.97 /hr 4 hr I $479.88 Senior Associate $204.21 /hr 1 hr 1 $204.21 Clerical $89.34 /hrr 1 hr I $89.34 costestimate.xls Page 2 of 6 COST ESTIMATE-DRAFT Analyses&Monitoring Report Senior Associate $204.21 /hr 3 hr 1 $612.62 Biologist IV $119.97 /hr 24 hr 1 $2,879.29 Drafting $117.42 /hr 3 hr 1 $352.25 Clerical $89.34 /hr 2 hr 1 $178.68 Copies,etc $134.01 I I $134.01 Travel Biologist $119.97 /hr 2 hr 1 $239.94 Mileage $0.56 /mile 80 mile 1 $44.93 $7,543 Grand Total I $46,000 costestimate.xls Page 3 of 6 CIT. OF RENTON ♦ r% ��♦ Department of Community and ..0 Economic Development �� Denis Law,Mayor Alex Pietsch,Administrator N September 17,2008 Tom Foster Langley 4th Avenue Associates 6450 Southcenter Blvd. Ste#106 Tukwila, WA 98188 Subject: Bellamonte in the Highlands Lot Line Adjustment-Modification LUA07-080,LLA Dear Mr. Foster: This letter is sent in response to your request for a statement regarding the proposed modification to the Bellamonte in the Highlands Lot Line Adjustment(LUA07-080, LLA). Based on correspondence and communication to date it appears the objective of the lot line adjustment is to create a circumstance to allow a small remnant of land; the area between the west property line and the western edge of stream buffer on Parcel#5182100020; to be adjoined to the abutting property to the west. I recommend that you submit your Lot Line Adjustment accordingly; depicting parcel numbers #5182100012, 5182100014 and 5182100011 combined with your adjacent remnant property to the east on Parcel#5182100020. This letter serves as confirmation that the City would approve such a proposal. I hope this letter meets your needs. Please feel free to contact Rocale Timmons at(425)430-7219 with any further questions regarding this property. Sincerely, / C C.E. Vincent Planning Director cc: File No.LUA07-080 File No. LUA02-129 1055 South Grady Way-Renton,Washington 98057 RENTON AHEAD OF THE CURVE L.t This paper contains 50%recycled material,30%post consumer CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 7, 2009 TO: Bonnie Walton,City Clerk's Office FROM: Carrie K. Olson,Plan Review x7235 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Attached please find two sets of the above-referenced original mylars and three paper copies of the mylar for recording with King County. The recording instructions in order are as follows: 1. Record the short plat mylars. 2. Record the Deed of Dedication document and request King County to write the recording numbers in the spaces provided on the short plat mylar. 3. Record the Water Easement document and request King County to write the recording numbers in the spaces provided on the short plat mylar. 4. Request King County to return one of the executed mylars to us for our records. Please have the Courier take these documents via 8-hour service. A check in the amount of$15.81 made out to Champion Couriers is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account#000000.007.5590.0060.49.000003. Please call me if you have any questions. Thank you. Cc: Kayren Kittrick(Notice of Recording) Jan Conklin(Please provide PID/recording#'s to Sonja,Carrie,and Patrick) Yellow File \\1:\PlanReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 19m ClerkRecord.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: April 7,2009 TO: fn ,Ad inistrator FROM: Carrie K. Olson, lan Review x7235 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Technical Services and Development Services have reviewed and recommended approval for the above-mentioned short plat. Requirements and conditions have been fulfilled,fees paid. Two original mylars are attached and are submitted for your review and signature. Please return mylars to me for recording. Thank you. cc: Yellow File \\I:\PlanReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 18m ZimSign.doc tiro o CITY' )F RENTON � A.'` ;_ Department of Community and + •°.. Economic Development sep� O� Denis Law,Mayor Alex Pietsch,Administrator NT March 26, 2009 Mr. Thomas Foster Fourth Avenue Associates,LLC 6450 Southcenter Blvd, Suite 106 Seattle WA 98103. SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHI'L Dear.Mr.Foster: The review submittal on the above-mentioned short plat has been completed and you may submit the signed and notarized short plat mylar(one original mylar and one copy(on mylar)of each sheet)along with a check in the amount of$15.81 (current courier fee)made out to Champion Couriers. You have already submitted a signed Deed of Dedication and REETA forms and a 15P Waterline Easement and those documents will be recorded along with the,short plat mylars. Should you need to discuss any portion of this letter please contact me at(425)430-7235. Sincerely, Came K Olson Development Services,Plan Review FAXED TO:, Steve Woods, Centre Pointe: 253-813-1908 Emailed TO: Darrell Offe,Offe Engineers . Cc:. Yellow File • I:\P1anReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 17L RequestMylarStop.doc 1055 South Grady Way-Renton,Washington 98057 . RENTON AHEAD OF THE CURVE .• This paper contains 50%recycled material,30%post consumer y CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS 4":? C� MEMORANDUM pea �/101Qft- f cirTo Sp ©Al A9s DATE: February 9,2009 TO: Bob Mac Onie, Technical Services Sonja Fesser, Technical Services FROM: Carrie Olson,Plan Review x7235010 SUBJECT: RIBERA BALKO SHORT PLAT LUAO2-129-SHPL Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Title Report • Deed of Dedication • 15' Waterline Easement • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Nc�(� A,{ Hr,Vies.1_ 51SJE- --r29 MEMO - Approval: }! \ 13 PP ate: o • Z.� A Robert T Ma Onie,Jr. Sonj ss r Cc:Yellow File I:\PlanReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 10m PR-TS ReviewStart.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 9,2009 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review Op SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed. Thanks. Attachment included: • Deed of Dedication, 15' Waterline Easement, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accented Related NA Project#s Comments As-Builts V Cost Data Inventory Bill of Sale 1/7 Easements 15'Waterline Easement (Water,Sewer,Utilities, Hydrant,etc.) Deed of Dedication Square Footage:11,604 s.£ Restrictive Covenants Maintenance Bond Release Permit Bond Comments :�I- � 11, /� ? ed /2/6,e)„,,,,,_,.(7‘4.-4,4- .-. '/:,;DV1/,€4.;(4-''6e" /41/114t1A42-" Approv Atar4 2-1-4 #11-1411,Date:-Ze,,6 /3 69e).2 Kayren Kittrick Henninger Arneta � Cc: Yellow File CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 20,2009 TO: Jan Conklin,Development Services FROM: Carrie K. Olson,Development Services/Plan Review x7235 SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL A copy of the above mentioned short plat is attached for your information. If you have comments or changes in addressing,please let me know. 19‘- /1/0 i/)11/(- \\I:\PlanReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 14m JanC.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 26,2009 TO: Rocale Timmons,Planning FROM: Carrie Olson,Plan Review SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Attached is the LUA folder for the short plat.We are in the final review stage of recording this short plat. If all review concerns have been addressed,please sign below or return your comments as needed.Thanks. • Mitigation Fees will be paid at building permit. • Demo Permit was finaled in 2000. • Original Maintenance Surety Device and Final PMT's have been received. APP rov , Date: 51111 7 R ale Timmons,Planning Cc:Yellow File I:\PlanReview\COLSON\Shortplats 2009\Ribera Balko SHPL 16m PlanningReview.doc �Y O '00'' a% ® , DEPARTMENT OF COMMUNITY AND 1?w; �o� ECONOMIC DEVELOPMENT N MEMORANDUM DATE: March 3, 2009 TO: Carrie Olson, Plan Review FROM: Rocale Timmon , Associate Planner SUBJECT: Ribera Balko Short Plat,LUA02-129, SHPL-A The following changes are needed in order for the planning section to recommend recording of the final short plat: Monitoring and Maintenance Surety Amount: The applicant will need to provide a maintenance surety device(a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. General Final Plat submittal requirement: Once all changes have been made to the plan set, please provide one set of PMT reductions of each finalized plat plan sheet. o� CITY .!)F RENTON + Department of Community and Economic Development Denis Law,Mayor Alex Pietsch,Administrator NT March 23,2009 Mike Brown Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 Subject: City Acceptance of Surety Device for Maintenance and Monitoring Ribera Balko Short Plat City of Renton File LUA02-129 Dear Mr. Brown: • . This letter is to confirm the City of Renton received a surety device in the amount of$82,140.00 to cover the cost of a minimum five years successful maintenance and monitoring. Therefore, the date of this letter marks the beginning of your minimum 5-year maintenance and monitoring period. As a reminder, reports are due quarterly for the first year and annually thereafter. Your first quarterly monitoring report is due to the.City on June 23,:2009. Please send three copies of the report to my attention. In order to assure the quickest possible release of your surety device, please ensure prompt monitoring and maintenance are performed for the duration of your monitoring period. The mitigation project shall be monitored for a period necessary to establish that performance : - standards have been met,but not for a period less than five(5)years. If at any time'during your minimum five-year monitoring•period the mitigation project falls - below performance standards, the monitoring period will be placed on hold. Once the mitigation project regains compliance -with approved performance standards, the maintenance and monitoring timeframe will restart for a period necessary to establish that performance standards have been met. I look forward to receiving your first quarterly maintenance and monitoring report. Sincerely, Roc e Timmons,Associate Planner Current Planning Division cc: City of Renton File LUA02-129 Carrie Olson,Engineering Specialist Mr) 1055 South Grady Way-Renton,Washington 98057 1` E N 1 O lr �� AHEAD OF THE CURVE :.) This paper contains 50%recycled material,30%post consumer • • 190 Queen Anne Avenue N. ,Suite 100 Seattle Seattle,WA 98109 206.281.1500 main . Bank : 800.643.6610 toll-free 206.568.7814 fax ASSIGNMENT OF FUNDS SEATTLE BANK,formerly known as SEATTLE SAVINGS BANK, a Washington state- chartered stock savings bank(the"Bank"),has on deposit the sum of EIGHTY-TWO THOUSAND ONE HUNDRED FORTY and No/100 Dollars ($82,140.00)to cover the following: Project: Ribera Balko Short Plat(City of Renton File LUA02-129) Location: 4225 NE 4th Street,Renton, WA Required work: Monitoring and Maintenance of structures, improvements and mitigation required by conditions of permit. The Bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton(the"City"). We further agree that these funds will be paid to the City within ten(10)days of receiving Notice that the City has determined that the work has not been properly performed. The Bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. Langley 4th Avenue Associates, LLC (the"Applicant")hereby agrees to this Assignment and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment is irrevocable and cannot be cancelled by the Bank or applicant.These funds may not be assigned,pledged, used as security or otherwise made available to the Applicant, Bank or a third party without the prior written consent of the City. APPLICANT: BANK: Langley 4th Avenue Associates,LLC SEATTLE B By: � �� By: Y Mike Brown,Member Bruce . Groom, Sr.Vice President 6450 Southcenter Blvd#106 190 Queen Anne Avenue N., Suite 100 • Seattle,WA 98188 P. 0.Box 19102 1-800-959-0122 ext 119(phone) Seattle, WA 98109 206-244-1438 (fax) 206-273-7350 (phone) 206-568-7814(fax) • Date: Marche , 2009 , Date: March 07.3 ,2009 (VY o CITY ( 41 RENTON A © Economic Development, Neighborhoods and Strategic Planning Denis Law,Mayor Alex Pietsch,Administrator February 19,2009 Tom Foster Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 SUBJECT: Surety Device Amount Ribera Balko Short Plat City of Renton File LUA02-129 Dear Mr.Foster: Based on the two contracts (attached) I received for maintenance and monitoring for the Ribera Balko mitigation project, the total amount of your surety device is $82,140. The specific breakdown is as follows: Maintenance $6,000 Monitoring $46,162 Plants $13,550 TOTAL $65,712 @125% $82,140 This amount is deemed sufficient to guarantee that structures,improvements,and mitigation required by permit condition will perform satisfactorily for a minimum of five(5)years after they have been completed. Please come to the 6th Floor of Renton City Hall to pay the surety device, and as a reminder,the City does not accept bonds. Thank you for your diligent work in protecting Renton's critical areas. Once I have received a receipt for the surety device,I will issue a letter signaling the start your five-year monitoring program and send a memo for the release of your installation surety. If you have any questions please feel free to contact me at(425)430-7219. Sincerely, C444i,Gnintstn4i Roc a Timmons,Planner C ent Planning Division cc: City of Renton File LUA02-129 Carrie Olson,Engineering Specialist Amber Hoffman,Secretary II 1055 South Grady Way-Renton,Washington 98057 RENTON 0This paperAHEAD OF THE CURVE contains 50%recycled material,30%post consumer } III SHANNON iWILSON, INC. ALASKA COLORADO FLORIOA GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS OEO OREGON WASHI NGTON February 13, 2009 Mr. Tom Foster Langley 4th Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle,WA 98188 RE: PROPOSAL FOR FIVE-YEAR PERFORMANCE MONITORING OF THE WETLAND AND STREAM BUFFER MITIGATION AREAS ON THE FORMER RIBERA BALKO SHORT PLAT PROPERTY, RENTON,WASHINGTON Dear Mr. Foster: • Shannon&Wilson is pleased to submit this scope of services to conduct performance monitoring of the wetland and stream buffer mitigation on the former Ribera Balko property, which is located in Renton, Washington, and hereafter referred to as"the site." We have developed this proposal and cost estimate based on monitoring requirements as set out by the City of Renton,the Final Wetland and Stream Mitigation Plan prepared by Shannon&Wilson (March 27, 2007), and as revised by the City's consulting wetland biologist(Otak)in their March 14, 2008,technical memorandum. This proposal is prepared with the assumptions that plant replacement and maintenance will be completed regularly and that the City will not restart the five-year monitoring clock. SCOPE OF SERVICES Our scope of services for this project will consist of the following tasks: ► Conduct performance monitoring of the site throughout the required five years. Monitoring will occur quarterly for the first year and annually thereafter, for a total of eight monitoring events as outlined below: Year One First Quarter-April 2009 Year One Second Quarter-July 2009 Year One Third Quarter-October 2009 Year One Fourth Quarter-December 2009 Year Two-fall 2010 Year Three-fall 2011 Year Four-fa112012 Year Five-fall 2013 Revision-02/13/2009 400 NORTH 34TH STREET•SUITE 100 21-3-51836-001 P.O. BOX 300303 SEATTLE, WASHINGTON 98103 • 206.632.8020 FAX 206.695.6777 TDD: 1.800.833.6388 www.shannonwilson.com . • Mr. Tom Foster SHANNON&WILSON.INC. Langley 4`h Avenue Associates February 13,2009 Page 2 ► A site visit will occur for each monitoring event to assess the buffer mitigation areas and to provide a basis for determining whether the goals of the mitigation plan are being met. Results of monitoring events will be compared to those conditions measured during the baseline event to assess the mitigation areas progress. Additionally, a comprehensive plant count will be conducted at the end of year one for the entire buffer area. ► Prepare a brief maintenance letter after each monitoring event to identify any adaptive or remedial actions to ensure that the goals of the mitigation plan are achieved. We assume that a maintenance letter will not be necessary after the eighth(year five) monitoring event. ► Complete a performance monitoring report for each monitoring event that will document the results of the performance monitoring and provide quantitative and qualitative assessments of the revegetation. Reports will include percent plant survival of installed woody vegetation,percent areal cover of installed and desirable native woody vegetation,noxious and nuisance weed infestation, maintenance concerns and other conditions that may be detrimental to the success of the mitigation, direct or indirect wildlife observations, and photographs of the buffer area. ► At the end of the successful five-year monitoring period, Shannon&Wilson will prepare a brief letter to the City requesting release of the performance monitoring/ mitigation bond on your behalf. A site visit will occur with the City as part of their final inspection to review the success of the mitigation areas. COST ESTIMATE AND SCHEDULE The estimated cost for the above scope of services is $46,162 and as shown in the enclosed estimate. Our fee for the above work and the terms and conditions under which our services are offered will be in accordance with the enclosed Standard General Terms and Conditions. We will perform the above scope of services on a time-and-materials basis. We will only charge for actual time spent completing the above scope of services, and will not exceed the authorized amount without your consent. Fieldwork for this project will occur in accordance with the City's requirements and as outlined in the schedule provided in this proposal. Our proposed schedule may be adjusted in order to comply with any comments received from the City. A performance monitoring report can be prepared after each monitoring event within four weeks after completing the fieldwork. Revision—02/13/2009 21-3-51836-001-LI rev-243-09.doc/wp/LKD 21-3-5183 6-001 I / - . Mr. Tom Foster SHANNON F&WILSON,INC. Langley 4th Avenue Associates February 13, 2009 Page 3 This proposal does not include any additional services that maybe required. Our estimate assumes that only a single site visit is required for each monitoring event. If maintenance or plant survival becomes an issue,we may need to assist with compliance. In addition, if the City requires additional monitoring events because of issues on site,we will need to amend this scope of services. CLOSURE We have included as an enclosure our"Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal." Although this document was not written specifically for the subject property,it should be useful in assisting you and others in understanding the use and limitations of our proposals. If this proposal meets with your approval,please sign in the space provided and return a copy of this letter to Shannon&Wilson,which will serve as our notice to proceed. This proposal is valid for a period of 60 days from the date of issue. We are please to have this opportunity to assist you with this project. If you have any questions,please contact me at(206) 695-6738. Sincerely, SHANNON &WILSON,INC. A (/fJQJ% C Katie L. Walter,P.W.S. Senior Associate Natural Resources Manager BXE:PCJ:KLW/bxe Enclosures: Cost Estimate(3 pages) Standard General Terms and Conditions, SEA-GH-2009 (1/2009) Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Proposal Revision—02/13/2009 21-3-51 83 6-001-L1 rev-2-13-09.doc/wp/LKD 21-3-5183 6-001 Mr. Tom Foster SHANNON 6WILSON,INC. Langley 4th Avenue Associates February 13, 2009 Page 4 I accept the above conditions and authorize the above work to proceed. By f/3. w, ' signatur �j� (print) Goeley V f`1-vE '95So4fes Date l'o fGCn..e7 Organization • Revision—02/13/2009 21-3-51836-001-L1 rev-2-13-09.doc/wp/LKD 21-3-5183 6-001 • • SHANNON bWILSON,INC. COST ESTIMATE Proposal No.: 21-3-51836-001 Project: Ribera Balko Short Plat Mitigation Client: Toni Foster,Fourth Ave Associates By:BXE Quantity Per Monitoring No.of Rate Event Events Subtotal Subtotal _ 2009 Mitigation Monitoring (GH-2009) Project Management Senior Associate $160.00 /hr 2 hrs 4 $1,280.00 Field Visits Biologist IV $100.00 /hr 8 hrs 4 $3,200.00 Maintenance Letter Biologist IV $100.00 /hr 4 hrs 4 $1,600.00 Senior Associate $160.00 /hr 1 hr 4 $640.00 Clerical $75.00 /hr 1 hr 4 $300.00 Analyses and Monitoring Report Senior Associate $160.00 /hr 3 hrs 4 $1,920.00 Biologist IV $100.00 /hr 24 his 4 $9,600.00 Drafting $92.00 /hr 3 hrs 4 $1,104.00 Clerical $75.00 /hr 2 hrs 4 $600.00 Copies,etc. $100.00 /hr 1 hr 4 $400.00 Travel Biologist $100.00 /hr 1 hr 4 $400.00 Mileage $0.55 /mile 40 miles 4 $88.00 I 2010 Mitigation Monitoring $21,132 Project Management Senior Associate $168.00 /hr 2 his 1 $336.00 Field Visits Biologist IV $105.00 /hr 8 hrs 1 $840.00 Maintenance Letter Biologist IV $105.00 /hr 4 hrs 1 $420.00 Senior Associate $168.00 /hr 1 hr l $168.00 Clerical $78.75 /hr 1 hr 1 $78.75 Analyses and Monitoring Report • Senior Associate $168.00 /hr 3 hrs 1 S504.00 Biologist IV $105.00 /hr 24 his 1 $2,520.00 Drafting $96.60 /hr 3 hrs I $289.80 Clerical $78.75 /hr 2 hrs I $157.50 Copies,etc. $105.00 /hr 1 hr 1 $105.00 Travel Biologist $105.00 /hr 1 hr 1 $105.00 Mileage $0.58 /mile 40 miles 1 $23.10 $5,547 001-Llrev-Cost-2.13-2009.xls Page 1 of 3 21-3-51836-001 i SHANNON 6WILSON,INC. COST ESTIMATE Quantity Per Monitoring No.of Rate • Event Events Subtotal Subtotal 2011 Mitigation Monitoring (2010 rate+5%) Project Management Senior Associate $176.40 /hr 2 hrs I $352.80 Field Visits Biologist IV $110.25 /hr 8 hrs 1 $882.00 Maintenance Letter Biologist IV $110.25 /hr 4 his 1 $441.00 Senior Associate $176.40 /hr 1 hr I $176.40 Clerical $82.69 /hr 1 hr 1 $82.69 Analyses and Monitoring Report Senior Associate $176.40 /hr 3 hrs I $529.20 Biologist IV $110.25 /hr 24 his 1 $2,646.00 Drafting $101.43 /hr 3 hrs I $304.29 Clerical $82.69 /hr 2 hrs 1 $165.38 Copies,etc. $110.25 /hr 1 hr 1 $110.25 Travel Biologist $110.25 /hr 1 hr 1 $110.25 Mileage $0.61 /mule 40 miles I $24.26 $5,825 2012 Mitigation Monitoring (2011 rate+5%) Project Management Senior Associate $185.22 /hr 2 hrs 1 $370.44 Field Visits Biologist IV $115.76 /hr 8 hrs 1 $926.10 Maintenance Letter Biologist IV $115.76 /hr 4 hrs 1 $463.05 Senior Associate $185.22 /hr 1 hr 1 $185.22 Clerical $86.82 /hr 1 hr 1 $86.82 Analyses and Monitoring Report Senior Associate $185.22 /hr 3 hrs 1 $555.66 Biologist IV $115.76 /hr 24 hrs 1 $2,778.30 Drafting $106.50 /hr 3 hrs I $319.50 Clerical $86.82 /hr 2 his I $173.64 Copies,etc. $115.76 /hr 1 hr 1 $115.76 Travel Biologist $115.76 /hr 1 hr 1 $115.76 Mileage $0.64 /mile 40 miles 1 $25.47 I $6,116_I • • 001-LIrev-Cost-2-13-2009.xls Page 2 of 3 21-3-51836-001 SHANNON iWILSON,INC. COST ESTIMATE Quantity Per Monitoring No.of Rate Event Events Subtotal Subtotal 2013 Mitigation Monitoring (2012 rate+5%) Project Management Senior Associate $194.48 /hr 2 hrs 1 $388.96 Field Visits(includes final inspection meeting with City) Biologist IV $121.55 /hr 16 hrs 1 $1,944.81 Final Monitoring Letter requesting sign-off Biologist IV $121.55 /hr 4 hrs 1 $486.20 Senior Associate $194.48 /hr 1 hr 1 $194.48 Clerical $91.16 /hr 1 hr 1 $91.16 Analyses and Monitoring Report Senior Associate $194.48 /hr 3 hrs 1 $583.44 Biologist IV $121.55 /hr 24 hrs 1 $2,917.22 Drafting $111.83 /hr 3 hrs 1 $335.48 Clerical $91.16 /hr 2 hrs I $182.33 Copies,etc. $121.55 /hr 1 hr 1 $121.55 Travel Biologist $121.55 /hr 2 hrs I $243.10 Mileage $0.67 /mile 80 miles I $53.48 I $7,542 • Grand Total I $46,162 • • 00!LIrevCost-2-13-2009.xls Page 3 of 3 21-3-51836-001 41 SHANNON &WILSON, INC. Attachment to and part of our Proposal: 21-3-51836-001 Geotechnical and Environmental Consultants February 13,2009 Date: Mir Mr.Tom Foster • To: Langley 4th Avenue Associates Former Ribera Balko Short Plat Property,Renton, Re: Washington • STANDARD GENERAL TERMS AND CONDITIONS (ALL PURPOSE) ARTICLE 1 —SERVICES OF SHANNON&WILSON Shannon&Wilson's services shall be limited to those Services expressly set forth in the Task Order and is subject to the terms and conditions set forth herein. Shannon &Wilson shall procure and maintain all business and professional licenses and registrations necessary to perform its Services. Upon Client's request(and for additional Compensation, if not already included in the Task Order), Shannon&Wilson shall assist Client in attempting to obtain,or on behalf of Client and in Client's name attempt to obtain,those permits and approvals required for the Project relating to Shannon&Wilson's services. Client acknowledges,depending on field conditions encountered and subsurface conditions discovered,the number and location of borings,the number and type of field and laboratory tests,and other similar items,as deemed necessary by Shannon&Wilson in the exercise of due care,may need to be increased or decreased;if such modifications are approved by Client,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. If conditions actually encountered at the Project site differ materially from those represented by Client and/or shown or indicated in the contract documents,or are of an unusual nature which materially differ from those ordinarily encountered and generally recognized as inherent for the locality and character of the Services,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. Without increasing the Services, Compensation, or Schedule contained in any subsequently issued Task Order, Shannon & Wilson may employ such subcontractors as Shannon&Wilson deems necessary to assist in performing its Services. If Shannon&Wilson's Services are increased or decreased by Client,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. ARTICLE 2—FEES AND EXPENSES FOR RENDERING SERVICES Fees for Shannon&Wilson's services are based on the actual time expended on the project,including travel,by our personnel and will be computed by multiplying the actual number of hours worked times the following rates: Eng./Geol./Hydro./Environ./Risk Assess. Overtime Officer 205.00 Senior Principal 130.00 Sr.Technician/Drafter 92.00 107.00 Sr.Staff Consultant 175.00 Principal 115.00 Technician/Drafter IV 80.00 92.00 Staff Consultant 150.00 Senior 105.00 Technician/Drafter III 65.00 77.00 Senior Associate 160.00 Category IV 100.00 Clerical 75.00 85.00 Associate 140.00 Category III 90.00 Technician/Drafter II 60.00 70.00 Category II 75.00 Technician/Drafter I 50.00 58.00 Category I 65.00 SPECIAL SERVICES Computer Analyst 125.00 Info.Resources Spec. 105.00 These rates are for the 2009 calendar year. At the end of each calendar year,our rates will be adjusted for the next calendar year. The hourly rates for the services of our staff will be doubled for time spent actually providing expert testimony. REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to our professional services will be invoiced at our cost plus 15 percent. Examples include,but are not limited to,expenses for out-of-town travel and living,information processing equipment,instrumentation and field equipment rental,special fees and permits,premiums for additional or special insurance where required,long distance telephone charges,local mileage and parking,use of rental vehicles,taxi, reproduction,local and out-of-town delivery service,express mail,photographs,film,laboratory equipment fees,shipping charges and supplies. ARTICLE 3—TIMES FOR RENDERING SERVICES Invoices shall be prepared in accordance with Shannon & Wilson's standard invoicing practices and shall be submitted to Client by Shannon & Wilson monthly. The amount billed in each invoice shall be calculated as set forth in the Task Order. Unless the Task Order contains a fixed lump-sum price,Shannon&Wilson's actual total Compensation may be more or less than the estimate contained in the Task Order. Shannon&Wilson shall not exceed the estimate contained in the Task Order by more than ten percent(10%)without the prior written consent of Client;provided however,unless the Client authorizes additional funds in excess of the estimate contained in the Task Order,Shannon&Wilson shall have no obligation to continue Services on the Project. • • Invoices are due and payable within 30 days of receipt. If Client fails to pay Shannon &Wilson's invoice within 30 days after receipt, the amounts due Shannon&Wilson shall accrue interest at the rate of one and one-half percent(1.5%)per month(or the maximum rate of interest permitted by law,if less) after the 30th day. In addition,Shannon&Wilson may,after giving seven(7)days written notice to Client,suspend all Services under this Agreement until Shannon&Wilson has been paid in full. If Client disputes Shannon&Wilson's invoice,only the disputed portion(s)may be withheld from payment,and the undisputed portion(s)shall be paid. SEA-OH-2009 Page 1 of 6 (1/2009) SHANNON&WILSON, INC. Records of Shannon&Wilson's direct and indirect costs and expenses pertinent to its Compensation under this Agreement shall be kept in accordance with generally accepted accounting practices and applicable federal,state,or local laws and regulations. Upon request,such records shall be made available to Client for inspection on Shannon&Wilson's premises and copies provided to Client at cost. ARTICLE 4—CLIENT'S RESPONSIBILITIES Client shall grant or obtain free access to the Project site for ail equipment and personnel necessary for Shannon&Wilson to perform its Services. ARTICLE 5—STANDARD OF CARE/ABSENCE OF WARRANTIES I NO RESPONSIBILITY FOR SITE SAFETY OR CONTRACTOR'S PERFORMANCE Standard of Care The standard of care for all professional Services performed or furnished by Shannon&Wilson under this Agreement shall be the skill and care ordinarily exercised by other members of Shannon&Wilson's profession,providing the same or similar Services,under the same or similar circumstances,at the same time and locality as the Services were provided by Shannon&Wilson. The installation, construction, alteration, or repair of any object or structure by Shannon&Wilson performed in a good and workmanlike manner in accordance with general industry standards,and conform to the specifications contained in the Task Order. Subsurface explorations and testing identify actual subsurface conditions only at those points where samples are taken,at the time they are taken. Actual conditions at other locations of the Project site,including those inferred to exist between the sample points,may differ significantly from conditions that exist at the sampling locations. The passage of time or intervening causes may cause the actual conditions at the sampling locations to change as well. Interpretations and recommendations made by Shannon&Wilson shall be based solely upon information available to Shannon&Wilson at the time the interpretations and recommendations are made. Shannon&Wilson shall be responsible for the technical accuracy of its Services,data,interpretations,and recommendations resulting therefrom,and Client shall not be responsible for discovering deficiencies therein. Shannon&Wilson shall correct any substandard Services without additional Compensation, except to the extent that such inaccuracies are directly attributable to deficiencies in Client-furnished information. Warranties Shannon & Wilson makes no guarantees or warranties, express or implied,under this Agreement or otherwise, about Shannon & Wilson's professional Services. Shannon&Wilson warrants for one(1)year from substantial completion of its Services,all goods delivered hereunder shall be new and free from defects in material or workmanship,and shall conform to the specifications,drawings,or sample(s)specified or furnished,if any,and shall be merchantable and fit for their intended purpose(s). Shannon&Wilson warrants that Shannon&Wilson has good and marketable title to all goods delivered hereunder,and that all goods delivered hereunder shall be free and clear of all claims of superior title,liens,and encumbrances of any kind. Client-Furnished Documents Shannon&Wilson may use requirements,programs,instructions,reports,data,and information furnished by Client to Shannon&Wilson in performing its Services under each Task Order. Shannon&Wilson may rely on the accuracy and completeness of requirements,programs,instructions,reports,data,and other information furnished by Client to Shannon&Wilson. Client shall,only to the fullest extent permitted by law,waive any claims against Shannon& Wilson and its subcontractors,and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from Shannon&Wilson's reliance on Client-furnished information,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Site Damage Shannon &Wilson shall take reasonable precautions to minimize damage to the Project site,but it is understood by Client that, in the normal course of Shannon&Wilson's Services,some Project site damage may occur,and the correction of such damage is not part of Shannon&Wilson's services unless so stated in the Task Order. Client shall,only to the fullest extent permitted by law,waive any claims against Shannon&Wilson and its subcontractors, and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs) arising from any Project site damage caused by Shannon&Wilson,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Buried Structures If there are any buried structures and/or utilities on the Project site where subsurface explorations are to take place,Client shall provide Shannon&Wilson with a plan showing their existing locations. Shannon&Wilson shall contact the one-number locator service to request that they identify any underground utilities. Shannon&Wilson shall use reasonable care and diligence to avoid contact with buried structures and/or utilities as shown. Shannon&Wilson shall not be Iiable for any loss or damage to buried structures and/or utilities resulting from inaccuracy of the plans,or lack of plans,or errors by the locator service relating to the location of buried structures and/or utilities. Client shall,only to the fullest extent permitted by law,waive any claims against Shannon& Wilson and its subcontractors,and indemnify,and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from damage to buried structures and/or utilities caused by Shannon&Wilson's sampling,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Aquifer Cross-Contamination Despite the use of due care,unavoidable contamination of soil or groundwater may occur during subsurface exploration when drilling or sampling tools are advanced through a contaminated area, linking it to an aquifer,underground stream, or other hydrous body not previously contaminated and capable of spreading contaminants off the Project site. Because Shannon &Wilson is powerless to totally eliminate this risk despite use of due care, and because sampling is an essential element of Shannon&Wilson's Services,Client shall,only to the fullest extent permitted by law,waive any claims against Shannon &Wilson and its subcontractors,and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from cross-contamination caused by Shannon&Wilson's sampling,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Opinions of Probable Construction Costs If opinions of probable construction costs are included in the Task Order,Shannon&Wilson's opinions of probable construction costs shall be made on the basis of its experience and qualifications and represent its judgment as a professional generally familiar with the industry. Opinions of probable construction costs are based,in part,on approximate quantity evaluations that are not accurate enough to permit contractors to prepare bids. Further,since Shannon& Wilson has no control over:the cost of labor,materials,equipment,or Services furnished by others;the contractor's actual or proposed construction methods or methods of determining Compensations;competitive bidding;or market conditions,Shannon&Wilson cannot and does not guarantee that proposals,bids, SEA-GH-2009 Page 2 of 6 (1/2009) SHANNON&.'N'ILSON, INC. or actual construction cost shall not vary from opinions of the components of probable construction cost prepared by Shannon&Wilson. If Client or any contractor wishes greater assurance as to probable construction cost,Client or contractor shall employ an independent cost estimator. Review of Contractor's Shop Drawings and Submittals If review of a contractor's shop drawings and submittals are included in the Task Order,Shannon&Wilson shall review and take appropriate action on the contractor's submittals,such as shop drawings,product data,samples,and other data,which the contractor is required to submit,but solely for the limited purpose of checking for general overall conformance with Shannon&Wilson's design concept. This review shall not include a review of the accuracy or completeness of details, such as quantities; dimensions; weights or gauges; fabrication processes; construction means, methods, sequences or procedures; coordination of work with other trades; or construction safety precautions,all of which are the sole responsibility of the contractor. Shannon& Wilson's review shall be conducted with reasonable promptness while allowing sufficient time,in Shannon&Wilson's judgment,to permit adequate review. Review of a specific item shall not be construed to mean that Shannon&Wilson has reviewed the entire assembly of which the item is a component. Shannon& Wilson shall not be responsible for any deviations by the contractor in the shop drawings and submittals from the construction documents,which are not brought to the attention of Shannon&Wilson in writing by the contractor. Construction Observation If construction observation is included in the Task Order,Shannon&Wilson shall visit the Project site at intervals Shannon&Wilson deems appropriate,or as otherwise agreed to in writing by Client and Shannon&Wilson,in order to observe and keep Client generally informed of the progress and quality of the work. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of any contractor's work,but rather are to allow Shannon & Wilson, as a professional, to become generally familiar with the work in progress in order to determine, in general, whether the work is progressing in a manner indicating that the work, when fully completed, shall be in accordance with Shannon &Wilson's general overall design concept. Shannon&Wilson's authority shall be limited to observing,making technical comments regarding general overall compliance with Shannon &Wilson's design concept,and rejecting any work which it becomes aware of that does not comply with Shannon&Wilson's general overall design concept. Shannon & Wilson's acceptance of any non-conforming work containing latent defects or failure to reject any non-conforming work not inspected by Shannon & Wilson shall not impose any liability on Shannon & Wilson or relieve any contractor from complying with their contract documents. All construction contractors shall be solely responsible for construction site safety,the quality of their work,and adherence to their contract documents. Shannon&Wilson shall have no authority to direct any contractor's actions or stop any contractor's work. If Shannon&Wilson is not retained to provide construction observation of the implementation of its design recommendations,Client shall,only to the fullest extent permitted by law,waive any claims against Shannon&Wilson,and indemnify and hold Shannon&Wilson harmless from any claims, liability,or expenses(including reasonable attorneys' fees and costs)arising from the implementation of Shannon &Wilson's design recommendations,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. No Responsibility for Site Safety Except for its own subcontractors and employees,Shannon&Wilson shall not:supervise,direct,have control over,or authority to stop any contractor's work; have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected by any contractor;be responsible for safety precautions and programs incident to any contractor's work;or be responsible for any failure of any contractor to comply with laws and regulations applicable to the contractor,all of which are the sole responsibility of the construction contractors. This requirement shall apply continuously,regardless of time or place, and shall in no way be altered because a representative of Shannon & Wilson is present at the Project site performing his/her duties. Notwithstanding anything to the contrary,Shannon&Wilson shall never be deemed to have assumed responsibility for the Project's site safety by either contract or conduct. No act or direction by Shannon&Wilson shall be deemed the exercise of supervision or control of any contractor's employees or the direction of any contractor's performance. Any direction provided by Shannon&Wilson shall be deemed solely to ensure the contractor's general overall compliance with Shannon&Wilson's design concept. No Responsibility for Contractor's Performance Except for its own subcontractors and employees,Shannon&Wilson shall not be responsible for safety precautions,the quality of any contractor's work,or any contractor's failure to furnish or perform their work in accordance with their contract documents. Except Shannon&Wilson's own employees and its subcontractors,Shannon&Wilson shall not:be responsible for the acts or omissions of any contractor, subcontractor or supplier,or other persons at the Project site,or otherwise furnishing or performing any work;or for any decision based on interpretations or clarifications of Shannon&Wilson's design concept given without the consultation and concurrence of Shannon&Wilson. Approval of Contractor's Applications for Payment If approval of a contractor's applications for payment are included in the Task Order,Shannon&Wilson shall review the amounts due the contractor and issue a recommendation about payment to Client. Shannon&Wilson's review and approval shall be limited to an evaluation of the general progress of the work and the information contained in the contractor's application for payment and a representation by Shannon&Wilson that to the best of the Shannon& Wilson's knowledge, the contractor has performed work for which payment has been requested,subject to further testing and inspection upon substantial completion. The issuance of a recommendation for payment shall not be construed as a representation that:Shannon&Wilson has made an exhaustive check or a detailed or continuous inspection check of the quality or quantity of the contractor's work; approved the contractors means, methods, sequences, procedures,or safety precautions;or that contractor's subcontractors,laborers,and suppliers have been paid. ARTICLE 6—CONFIDENTIALITY AND USE OF DOCUMENTS Confidentiality Shannon&Wilson agrees to keep confidential and to not disclose to any person or entity(other than Shannon&Wilson's employees and subcontractors), without the prior consent of Client,all information furnished to Shannon&Wilson by Client or learned by Shannon&Wilson as a result of its Services on the Project; provided however, that these provisions shall not apply to information that: is in the public domain through no fault of Shannon&Wilson;was previously known to Shannon&Wilson;or was independently acquired by Shannon&Wilson from third-parties who were under no obligation to Client to keep said information confidential. This paragraph shall not be construed to in any way restrict Shannon&Wilson from making any disclosures required by law. Client agrees that Shannon&Wilson may use and publish Client's name and a general description of Shannon&Wilson's Services with respect to the Project in describing Shannon&Wilson's experience and qualifications to others. Copyrights and Patents—Shannon&Wilson shall indemnify, hold harmless, and defend Client from any and all actions,damages,demands',expenses (including reasonable attorneys'fees and costs),losses,and liabilities arising out of any claims that any goods or Services furnished by Shannon&Wilson infringe any patent,trademark,trade name,or copyright. SEA-OH-2009 (1/2009) Page 3 of 6 • SHANNON&Wi SON, INC. Use of Documents All documents prepared by Shannon &Wilson are instruments of service with respect to the Project, and Shannon& Wilson shall retain a copyrighted ownership and property interest therein(including the right of reuse)whether or not the Project is completed. Shannon&Wilson grants to Client a non-exclusive, irrevocable,unlimited,royalty-free license to use any documents prepared by Shannon&Wilson for Client. Client may make and retain copies of such documents for their information and use. Such documents are not intended or represented to be suitable for reuse by Client, or others, after the passage of time, on extensions of the Project,or on any other Project. Any such reuse without written verification or adaptation by Shannon&Wilson, as appropriate for the specific purpose intended,shall be at Client's sole risk, and Client shall,only to the fullest extent permitted by law, waive any claims against Shannon&Wilson and its subcontractors, and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from such reuse,except to the extent of Shannon& Wilson's and its subcontractor's negligent or wrongful acts, errors,omissions,or breach of contract. Any verification or adaptation of the documents for extensions of the Project or for any other project by Shannon&Wilson shall entitle Shannon&Wilson to additional Compensation to be agreed upon by Client and Shannon&Wilson. Copies of documents that may be relied upon by Client are limited to the printed copies(also known as hard copies)that are signed or sealed by Shannon& Wilson. Text,data,or graphics files in electronic media format are furnished solely for the convenience of Client. Any conclusion or information obtained or derived from such electronic files shall be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. Because data stored in electronic media can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving an electronic file agrees that it shall perform acceptance tests or procedures within 60 days after its receipt,after which,unless notice of any errors are given in writing to the delivering party,the receiving party shall be deemed to have accepted the data thus transferred. Any errors reported within the 60- day acceptance period shall be corrected by the party delivering the electronic files at their sole expense. Shannon&Wilson shall not be responsible for maintaining documents stored in electronic media format after acceptance by Client. When transferring documents in electronic media format, neither Client nor Shannon& Wilson makes any representations as to long-term compatibility, usability,or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used for the document's creation. ARTICLE 7-INSURANCE Shannon&Wilson shall purchase and maintain during the term of this Agreement,the following insurance coverage at its sole expense: Commercial General Liability-$1,000,000 each occurrence/$2,000,000 annual aggregate Bodily Injury/Property Damage Combined Single Limit including Blanket Contractual Liability, Broad Form Products and Completed Operations,Explosion/Collapse/Underground(XCU) Exposures, and Washington Stop Gap coverage. Auto Liability-$1,000,000 Bodily Injury/Property Damage Combined Single Limit including Owned,Hired,and Non-Owned Liability coverage. Umbrella Liability -$10,000,000 Bodily Injury/Property Damage combined Single Limit in excess of Commercial General Liability,Auto Liability,and Employers'Liability. Workers'Compensation-Statutory in monopolistic states and$500,000 per accident/$500,000 per disease/$500,000 disease policy aggregate Employers' Liability in non-monopolistic including if applicable,U.S.Longshore&Harbor workers'coverage. Professional Liability-$5,000,000 per claims/$5,000,000 annual aggregate for professional errors and omissions including Pollution Liability coverage. If requested in writing by Client,Shannon&Wilson shall name Client as an additional insured on its Commercial General Liability policy. If requested in writing by Client, Shannon& Wilson shall deliver to Client certificates of insurance evidencing such coverage. Such certificates shall be furnished before commencement of Shannon&Wilson's Services. Client shall cause Shannon& Wilson and its subcontractors to be listed as additional insureds on any Commercial General Liability insurance carried by Client that is applicable to the Project. Client shall require the Project owner to require the general contractor on the Project to purchase and maintain Commercial General Liability,Automobile Liability, Workers' Compensation, and Employers Liability insurance, with limits no less than set forth above, and to cause Shannon & Wilson and its subcontractors to be listed as additional insureds on that Commercial General Liability insurance. Client shall require the Project owner include the substance of this paragraph in the prime construction contract. All insurance policies shall contain a waiver of subrogation. • ARTICLE 8-HAZARDOUS ENVIRONMENTAL CONDITIONS Disclosure of the Existence of Hazardous Environmental Conditions Client has disclosed to Shannon&Wilson all data known to Client concerning known or suspected hazardous environmental conditions,including but not limited to,the existence of all asbestos,PCBs,petroleum,hazardous waste,or radioactive material,if any,located at or near the Project site,including its type,quantity,and location,or has represented to Shannon&Wilson that,to the best of Client's knowledge,no hazardous environmental conditions exist at or near the Project site. If any hazardous environmental condition is encountered or believed to exist,Shannon&Wilson shall notify Client and,to the extent required by applicable laws and regulations,the Project site owner,and appropriate governmental officials. Disposal of Non-Hazardous Samples and Hazardous or Toxic Substances All substances on,in,or under the Project site,or obtained from the Project site as samples or as byproducts(e.g.,drill cuttings and fluids)of the sampling process are the Project site owner's property. Shannon&Wilson shall preserve such samples for forty-five(45)calendar days after Shannon&Wilson's issuance to Client of the final instrument of service that relates to the data obtained from them. Shannon&Wilson shall dispose of all non-hazardous samples and sampling process byproducts in accordance with applicable law;provided however,any samples or sampling process byproducts that are,or are believed to be,affected by regulated contaminants shall be packaged by Shannon&Wilson in accordance with applicable law,and turned over to Client or left on the SEA-GH-2009 Page 4 of 6 (1/2009) SIHANNON i"ILSON, INC. Project site. Shannon&Wilson shall not transport store,treat,dispose of,or arrange for the transportation,storage,treatment,or disposal of,any substances known,believed,or suspected to be affected by regulated contaminants,nor shall Shannon&Wilson subcontract for such activities. Shannon&Wilson shall,at Client's request(and for additional Compensation,if not already included the Task Order),help Client or the Project site owner identify appropriate alternatives for transportation,storage,treatment,or disposal of such substances,but Shannon&Wilson shall not make any independent determination about the selection of a transportation,storage,treatment,or disposal facility. Client or the Project site owner shall sign all manifests for the transportation,storage,treatment,or disposal of substances affected by regulated contaminants; provided however,notwithstanding any other provisions of this Agreement to the contrary if Client directs Shannon&Wilson,its employees,or agents to sign such manifests and/or to hire for Client or the Project site owner a contractor to transport store,treat,or dispose of the contaminated substances,Shannon &Wilson shall do so only as Client's disclosed agent. Contaminated Equipment and Consumables Client shall reimburse Shannon & Wilson for the cost of decontaminating field or laboratory equipment that is contaminated by regulated materials encountered at the Project site and for the cost of disposal and replacement of contaminated consumables. In some instances,the cost of decontamination may exceed the fair market value of the equipment,were it not contaminated,together with the cost of properly transporting and disposing of the equipment. In such instances,Shannon&Wilson shall notify Client and give Client the option of paying for decontamination or purchasing the equipment at its fair market value immediately prior to contamination. If Client elects to purchase equipment,Client and Shannon&Wilson shall enter into a specific agreement for that purpose. Any equipment that cannot be decontaminated shall be considered a consumable. Client's Liability for Hazardous or Toxic Materials Except to the extent caused by Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract,and only to the maximum extent permitted by law,Client shall: indemnify and hold harmless Shannon&Wilson,its subcontractors and their partners,officers,directors, employees,and agents;from and against any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage(including bodily injury,death,or property damage to Shannon&Wilson's own employees), or arising under CERCLA,MTCA,or similar federal,state,or local environmental laws),costs, damages(including without limitation,economic,non-economic,general,special,incidental,consequential),demands,expenses(including,but not limited to,reasonable attorneys'fees and costs of defense),fines,judgments,liens,liabilities,and penalties of any kind whatsoever;arising from the arrangement for and/or ownership, operation, generation, labeling, transportation, storage, disposal, treatment, release, or threatened release of any hazardous or toxic materials,as defined by CERCLA,MTCA,or similar federal,state,or local environmental laws,on and/or from the Project site. ARTICLE S-ALLOCATION OF RISK Indemnification of Client To the maximum extent permitted by law,Shannon&Wilson shall:indemnify and hold harmless Client,its appointed and elected officials,partners,officers, directors,employees,and agents;from and against any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied), statutory liability, strict liability, or otherwise), claims(including, but not limited to, claims for bodily injury, death,property damage, (including bodily injury,death,or property damage to Shannon&Wilson's own employees)or arising under CERCLA,MTCA,or similar federal,state,or local environmental laws),costs,damages(including without limitation,economic,non-economic,general,special,incidental,consequential),demands,expenses(including,but not limited to,reasonable attorneys' fees and costs of defense), fines,judgments, liens, liabilities, and penalties of any kind whatsoever; arising from the negligent or wrongful acts,errors,or omissions,or breach of contract or warranty express or implied,by Shannon&Wilson or any of its subcontractors;but only to the extent of Shannon&Wilson's and its subcontractor's relative degree of fault. In furtherance of these obligations,and only with respect to Client, its appointed and elected officials,partners,officers,directors,employees and agents,Shannon&Wilson waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance,Workers'Compensation,disability,employee benefit,or similar laws. Shannon& Wilson acknowledges that this waiver of immunity was mutually negotiated. Limitation on Shannon&Wilson's Liability for Damages A.Total Liability for Damages Limited to Insurance Proceeds Notwithstanding any other provisions of this Agreement, and only to the maximum extent permitted by law, the total liability for damages under this Agreement of Shannon&Wilson,its subcontractors,and their partners,officers,directors, employees,agents and,or any of them, to Client and/or anyone claiming by,through,or under Client,for any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage,(including bodily injury,death, or property damage to Shannon&Wilson's own employees)or arising under CERCLA,MTCA,or similar federal,state,or local environmental laws),costs, damages(including without limitation,economic,non-economic,general,special,incidental,consequential),demands,expenses(including,but not limited to,reasonable attorneys'fees and costs of defense),fines,judgments,liens,liabilities,and penalties of any kind whatsoever,arising out of,resulting from,or in any way related to the Project or this Agreement,shall be limited to the insurance proceeds payable on behalf of or to Shannon&Wilson by any insurance policies applicable thereto. If you are unwilling or unable to limit our liability for damages in this manner,we shall negotiate this limitation and its associated impact on our approach, Services, Schedule, and Compensation,with you. You must notify us in writing before we commence any Services under this Agreement of your intention to negotiate this limitation and its associated impact on our approach,Services,Schedule,and Compensation. Absent your prior written notification to the contrary,we shall proceed on the basis that our total liability for damages are limited as set forth above. B.Professional Liability for Damages Limited to$50,000 or 10%of Fee With respect to professional errors or omissions only,notwithstanding any other provisions of this Agreement,and only to the maximum extent permitted by law,the total professional liability for damages,in the aggregate,under this Agreement of Shannon&Wilson,its subcontractors,and their partners,officers, directors,employees,agents,or any of them,to Client and/or anyone claiming by,through,or under Client,for any and all actions(whether sounding in tort, contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage(including bodily injury,death,or property damage to Shannon&Wilson's own employees)or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non-economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), fines, judgments, liens, liabilities,and penalties of any kind whatsoever,arising out of,resulting from,or in any way related to the professional errors or omissions of Shannon& Wilson, its subcontractors, or their partners, officers, directors, employees, agents or, or any of them, shall be capped in the aggregate total amount of $50,000.00, or ten percent(10%)of the total Compensation actually paid to Shannon& Wilson under this Agreement, whichever is greater. If you are unwilling or unable to limit our professional liability for damages to these sums,we shall negotiate the amount of this limitation and its associated impact on our approach, Services,Schedule,and Compensation,with you. You must notify us in writing before we commence any Services under this Agreement of SEA-GH-2009 Page 5 of 6 (1/2009) SHANNON &WILSON; INC. your intention to negotiate the amount of this limitation and its associated impact on our approach,Services,Schedule,and Compensation. Absent your prior written notification to the contrary, we shall proceed on the basis that our total professional liability for damages under this Agreement in the aggregate is limited to$50,000.00 or ten percent(10%)of the total Compensation actually paid to Shannon&Wilson under this Agreement,whichever is greater. ARTICLE 10—MISCELLANEOUS Termination This Agreement may be terminated without further obligation or liability by either party,with or without cause(for convenience),upon 30 days prior written notice to the other. Shannon & Wilson shall be entitled to Compensation for all Services performed prior to the termination of this Agreement. This Agreement may be terminated by the non-breaching party upon any breach of this Agreement that remains uncured after 10 days notice to the breaching party by the non-breaching party. Upon payment of all amounts due Shannon&Wilson,Client shall be entitled to copies of Shannon&Wilson's files and records pertaining to Services performed prior to the termination of this Agreement. Successors,Assigns,and Beneficiaries This Agreement shall be binding upon each parry's assigns,successors,executors,administrators,and legal representatives. Neither Client nor Shannon&Wilson may assign or transfer any rights under or interest in this Agreement without the written consent of the other. No assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Nothing in this Agreement shall be construed to create,impose,or give rise to any duty owed by Client or Shannon&Wilson to any third party. All duties and,responsibilities undertaken under this Agreement shall be for the sole and exclusive benefit of Client and Shannon&Wilson. There are no intended third-party beneficiaries. Notwithstanding the foregoing,should a court find a third party to be a beneficiary of this Agreement,it is the intent of the parties that the judicially created third-party beneficiary be bound by and subject to all of the terms and conditions of this Agreement. Jurisdiction,Venue,and Choice of Law Any applicable Statute of Limitation shall be deemed to commence running on the date which the claimant knew,or should have known,of the facts giving rise to their claims,but in no event later than the date of substantial completion of Shannon&Wilson's Services under the Task Order. To the maximum extent permitted by law,as a condition precedent to commencing a judicial proceeding,a party shall give written notice of their claims,including all amounts claimed,and the factual basis for their claims,to the other party within one(I)year of when the claimant knew,or should have known,of the facts giving rise to their claims,but in no event later than one(1)year from the date of substantial completion of Shannon&Wilson's Services under the Task Order. As a condition precedent to commencing a judicial proceeding,a party shall first submit their claims to non-binding mediation through and in accordance with the rules of the American Arbitration Association. This Agreement shall be construed in accordance with and governed by the laws (except choice and conflict of law provisions) of the state in which the Project is located. Any judicial action shall be brought in the state in which the Project is located. Attorneys'Fees Should any dispute or claims arise out of this Agreement,whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise,the prevailing party shall be entitled to an award of their reasonable attorneys'fees and costs,including upon appeal and in the enforcement of any judgment. Should neither party prevail on all of their claims or receive all of the relief they sought,then the substantially prevailing party shall be awarded their reasonable attorneys'fees and costs,including upon appeal and in the enforcement of any judgment. Waiver A waiver of any of the terms and conditions or breaches of this Agreement shall not operate as a subsequent waiver. Headings The headings used in this Agreement are for general ease of reference only. They have no meaning and are not part of this Agreement. Integration This Agreement, together with the Task Order, are incorporated by reference into each other, and supercede all prior written and oral discussions, representations,negotiations,and agreements on the subject matter of the Task Order and represent the parties'complete,entire,and final understanding of the subject matter of the Task Order. Survival Notwithstanding completion or termination of this Agreement for any reason, all representations, warranties, limitations of liability, and indemnification obligations contained in this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. Severability If any of the terms or conditions of this Agreement are found to be void or unenforceable for any reason,the remainder of this Agreement shall continue in full force and effect,and the court shall attempt to judicially reform the void or unenforceable provisions to the maximum extent possible,consistent with the original intent expressed in the provisions,to render it valid and enforceable. If the court is unable to reform the provisions to render it valid and enforceable, the court shall strike only that portion which is invalid or unenforceable, and this Agreement shall then be construed without reference to the void or unenforceable provisions. SEA-GH-2009 Page 6 of 6 (1/2009) _ I I SHANNON &WILSON, INC. Geotechnical and Environmental Consultants Attachment to and part of Proposal 21-3-51836-001 Date: February 13,2009 To: Mr.Tom Foster Langley 4th Avenue Associates IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION PROPOSAL Imagine purchasing a development site for$500,000 only to learn later during construction that a wetland has been discovered,or that drainage through the site has been classified as a"stream,"which results in a major redesign of your project. You are legally obligated to obtain the required permits before work may continue. The unanticipated cost of delay and redesign could be$5 million or more. The risks are real. There is no way of eliminating them,but they can be managed by relying on a qualified wetland and/or stream consultant to perform your site evaluation. THE COST OF NOT ADDRESSING WETLAND/STREAM CONDITIONS ON A SITE CAN BE IMMENSE. Rely on a qualified firm.Since delays are inherent in the regulatory process associated with wetlands delineation and mitigation,and stream classification,developers must integrate their analyses into the early planning process. Many developers make the serious mistake of assuming that only state and,in particular,local reviews and approvals are required. They often negotiate exclusively with state and local agencies on project design and planning approvals for such activities as grading,sedimentation control,and stormwater management. There are federal,state,and local regulations and ordinances that may apply to projects affecting wetlands and streams. Shortsighted developers may"discover"wetlands/streams on their sites late in the planning process after they have entered into contracts for lot delivery dates and have secured financing contingent on completion deadlines. Developers then learn that in the permit process,many local governments may withhold final plan approval until they receive copies of federal and state approvals,or a statement from the appropriate agencies that such approvals are not required. Federal review at this late stage often results in extensive project redesign to avoid the impacts of wetlands and streams. The attendant delays usually affect a project's economic viability. It is essential to work with a consulting firm that can provide a team of wetland scientists/stream ecologists disciplined in hydrology, biology,water quality,soil science,stream and raparian ecology,and fisheries biology. The firm should have a working knowledge of the appropriate methods for classifying streams and delineating/mitigating wetlands,an understanding of the permitting process,and practical experience dealing with the regulatory agencies. The consultant should be able to clearly explain and competently lead you through the process. Although reliance on a competent consultant is necessary to manage your risk,it does not eliminate your risk. The consultant who performs evaluations generally are engaged to determine if a site is affected. If they could see the unseeable,the consultant would know precisely where to look and what methods to apply,but consultants are not clairvoyant. Even the most rigorous professional evaluation may fail to identify all existing conditions. This potential creates risk. The risk is yours. Do not look to your consultant to assume it. Your consultant serves as your professional advisor,providing guidance and opinions based on analysis and judgment. Were professional firms to accept your risks in addition to their own,the cost of performing evaluations would be prohibitive. A FIRM UNCONCERNED ABOUT ITS OWN RISKS CANNOT BE EXPECTED TO CARE ABOUT YOURS. It is essential to work with a consultant who understands the processes involved, who can explain them to you clearly, and who can competently apply appropriate measures to reduce the impact of and to your project. The measures usually are pursued in stages,with each step based on information obtained from the previous one. Wetland delineations determine the location,extent,and type of wetlands present on a site,and include an in-office document review and a field review of the site. The wetland boundaries are identified by a technical evaluation of on-site soil, vegetation, and hydrologic conditions. Wetland boundary flags are placed to mark the wetland edge,and are usually surveyed to accurately determine the location and size of the wetlands. Disturbed and problem area wetlands are more difficult and often take more time to delineate. Disturbed or atypical wetlands are areas that are altered recently or in the past by filling,excavating,clearing,damming,building,avalanches,mud slides,fires, volcanic deposition,and beaver dams,among others. Problem area wetlands are areas that are difficult to identify because of environmental conditions such as soil,vegetation,or hydrologic conditions. Page 1 of 2 1/2009 Examples of problem area wetlands include wetlands dominated by upland plant communities,wetlands on glacial till,seasonally flooded wetlands,seasonally vegetated mud flats,and sandy soil wetlands. Stream identification and classification also determine the location,extent, and type of stream present on a site,including an in-office document review and a file review of the site. The extent of the stream is identified by a technical evaluation of hydrology,physical characteristics,and the presence or absence of fish. Flags are placed to mark the stream's edge and are usually surveyed to accurately determine the location of the stream. Not all streams flow all the time; some are dry during the summer months. Thus, some stream classifications cannot be completed until water is present. Only then can the stream ecologist determine if fish will use the stream. Some salmon use a stream for spawning when water is present. The young fish then migrate to larger rivers or lakes,or to the ocean. Other streams have been channelized and appear to be only a ditch. These are examples of streams that are often difficult to identify. WAITING UNTIL THE LAST MINUTE CAN CAUSE PROJECT DELAYS AND CAN INCREASE COSTS. Because many aspects of a wetland/stream evaluation require regulatory agency involvement,it is essential that you give your consultant adequate lead time. Determining the presence and extent of wetlands/streams at the earliest possible stages in the development process provides time to design a project that addresses possible impacts to on-site wetlands/streams, to design a mitigation program, and to complete the time-consuming permitting process. Planning for avoidance of wetlands and streams during development can mean the difference between staying within planned proj ect costs and timelines,or incurring overruns. When wetland and stream impacts cannot be avoided,preapplication meetings and negotiations with the U.S.Army Corps of Engineers(Corps)and other government agencies can bean important tool in completing the permitting process in a timely manner. If the client believes that a wetland/stream is present,a consultant is usually engaged to provide a comprehensive study,followed by a report of findings. Depending on the scope of work,the report will identify and classify the wetland/stream,investigate the required buffer,and determine what activities are regulated by various agencies. This information is vital prior to design and development plans. If impacts to the wetland/stream or its buffers cannot be avoided,the report may discuss procedures necessary to mitigate those impacts. CERTIFYING THAT CERTAIN WETLAND/STREAM BOUNDARIES EXIST MAY BE RULED A NEGLIGENT ACT. Wetland boundaries and stream classifications identified by Shannon&Wilson are considered preliminary until the wetland boundary flags/stream classifications are validated by the Corps and/or the local jurisdictional agency. Validation of the wetland boundaries or stream classification by the regulating agency(s)provides certification,usually written,that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified date or until the regulations are modified,or that the stream has been properly classified. Only the regulating agency(s)can provide this certification. A prudent consultant can provide only an opinion. INDEMNIFYING/LIMITING MONETARY EXPOSURE IS IMPORTANT TO THE CLIENT AND THE CONSULTANT. Indemnifications are important concerns to consultants because of court rulings that make consultants liable to any party who foreseeably could be damaged by the consultant's negligent acts. As a consequence, consultants engaged by clients could be sued because the consultant's delineation of a wetland or the stream classification effectively destroyed the land=s value. Even though the consultant's position would likely be upheld in court,the claim would have to be defended,and the cost of defense might be many times larger than the fee earned for conducting the evaluation. Therefore,most contracts include provisions that make clients responsible for project-related liabilities which consultants are powerless to control. Also,our client may be sued by a landowner for reduced property value if a wetland or stream is discovered. As a result,the client in the agreement should address this potential problem so that both the client and the consultant are"held harmless"for the possible discovery of wetlands or streams. • Page 2 of 2 1/2009 • OFFE ENGINEERS, PLLC Page 1 of 2 MAINTENANCE AND REPLACEMENT CONTRACT AGREEMENT RiberalBalko Short Mat(LIJAO2-129) Renton,Washington King County Tax#518210-0020 By this agreement dated Fury 12,2009,tanaiev 4th Avenue Associates,LL_ ('aIents)requests and authorizes Qffe Engineers, PLLC("Engineer'")to provide maintenance and replacement services for the wetland buffers on the above referenced property. The services performed under this agreement ("Contract")are outlined as follows= Maintenance and Schedule - Trim or remove noxious weeds and grasses as defined within Shannon&Wilson,Inc.wetland plan - Repair split rail fence as needed Sdredule—Site visit performed every 4 months(3 times a year)for 5 years total. - Labor cost-$400 per site visit Replacement and Schedule - Remove and replace mitigation plantings Installed by Offe Engineers, PLLC under original contract. Shannon&Wilson shall provide location and markings of mitigation plants to be removed and replaced prior to services being performed. - Plant Replacement Cost—Purchase plants needed to be replaced up to a cost of$2,55D over life of contract - Schedule—replacement visit to be performed once a year for 5 years total - Mortality Rate—Assume 10%for year 2009;5%for year 2010;and 1%for the next three years(2011-2013). If mortality rate exceeds assumption,then cost shall be renegotiated. - Cost—labor and plants cost$6,000 for Year 2009; labor and plants cost$4,000 for Year 2010; labor and plants cast$2,550 for Year 2011;labor cost$500 for Year 2012; labor$500 for Year 2013. Sunman,of coos Maintenance $1,200 per year— 5 years=$5,000 Replacement Plants(labor and purchase) Year 2009 =$6,000 Year 2010 =$4,000 Year 2011 =$2,550 Year 2012= $500 Year 2013 = $500 Total Contract Amount=$19,550 rlig4 • t'd Z6Z0-886.9Zb sJeeut6u3 040 e0Z:L0 60 01• qej Page 2 of 2 Cost of services defined above shall be billed the month services have been provided. Invotaes will be mailed the end of the month, payment due within 20 days from date of invoice. Contract becomes null In void if payment is not reoelved within time frame indicated. Contract is in force far five(5)years from date of mutual acceptance. The laws of the State of Washington govern this contract. On behalf of the client,t have read,understood and agree to the terns of this contract. / re ® r . Langley 4f°Avenue Associates,LLC Date C1WNERs�'f•SCs+s:���`3,�r�'•..s��la c fry C Ag =-• •on behalf of '" = s, PLLC. /J ice _ (‘lyze),7 ••` ,neere,P C I Darrell L.We, ' •pie Z'd Z6Z0-886-9Z17 sJaeul6up eaa° B0Z:L0 60 el. gad r _ ' • ti�Y o CITY tr.._,F RENTON c: e© Department of Community and mit Economic Development �jNO� Denis Law,Mayor Alex Pietsch,Administrator ebruary 16, 2009 Mr.Thomas Foster Fourth Avenue Associates,LLC 6450 Southcenter Blvd, Suite 106 Seattle WA 98103 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Dear Mr. Foster: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related-documents. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Contact Arneta Henninger,Plan Reviewer, at 425-430-7298, for requirements to be completed on the civil construction portion to your project. 2. Please also contact Rocale Timmons (425-430-7219) with requested items (See attached memo from Rocale). 3. The page•numbers noted at the bottom of the Deed of.Dedication document are shown within the bottom one-inch margin of said document. King County recording requirements do not allow for anything to be shown within this margin. Move'said page numbers up and outside said margin (there appears to be just enough space provided to move them up). Pages 4 and 5 of said document are not currently-numbered,but they should be. 4. Sheets 4 and 5 of the 15' Waterline Easement document also need to be numbered, with the same margin restriction as noted above. Should you need to discuss any portion of this letter please contact me at(425)430-7235. Sincerely, • (yet i 1 �/. t 1 . Carrie K. Olson Development Services,Plan Review ' FAXED TO: Steve Woods,Centre Pointe: 253-813-1908 . Emailed TO: Darrell Offe,Offe Engineers Cc: Yellow File I:\PlanReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 13L Change RequestStop.doc 1055 South Grady Way-Renton,Washington 98057 RENTON AHEAD OF THE CURVE :, This paper contains 50%recycled material,30%post consumer `SY O 0 ® DEPARTMENT OF COMMUNITY AND • • ECONOMIC DEVELOPMENT MEMORANDUM DATE: February 12, 2009 /� TO: FROM: Rocale Timmons, Associate Planner SUBJECT: 'hem alko Short lat,LUA02-129, SHPL-A The following changes are needed in order for the planning section to recommend recording of the final short plat: Monitoring and Maintenance Surety Amount: In order to provide the applicant with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing,we will need a copy of the signed maintenance and monitoring contract for this work. Once the City approves the contract proposal,the applicant will need to provide a maintenance surety device(a letter of credit or irrevocable set aside letter)set at an amount totaling 125%of the cost to guarantee satisfactory performance for a minimum of five years. General Final Plat submittal requirement: Once all changes have been made to the plan set, please provide one set of PMT reductions of each finalized plat plan sheet. f • CENTRE © IJjIPi pep, TE 0 Consultants,Inc., P.S. /�p�NG p S �V/5/ON Carrie K. Olsen February 26, 2009 City of Renton Development Services,Plan Review 1055 South Grady Way Renton, WA. 98057 RE: Short Plat LUA 02-129-SHPL comments dated February 16,2009. Dear Carrie, Included please find 3 copies of the following: 1. Short Plat Map LUA 02-129-SHPL. 2. Revised Deed of Dedication document with page numbers shown at the bottom of each page within the requested 1"margins. 3. Revised Waterline Easement document with page numbers shown at the bottom of each page within the requested 1"margins. We will provide Tom Foster will the final mylars upon approval, so that PMT reductions can be submitted. Should you have any questions,we can be contacted at 253-813-1901. • Sincerely, (471EL.-- Dan C. Woods 206 Railroad Ave. N. • Kent,Washington 98032 • Phone:253.813.1901 • Fax:253.813.1908 r= Return Address: - City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name: RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released:Additional reference numbers are on page Grantor(s): Grantee(s): 1. Langley 4th Avenue Associates,LLC 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Parcel A, City of Renton Lot Line Adjustment No.LUA 99075LLA,recorded under Recording No. 19990623900005. Situate in the NW`'A of Section 15,Township 23 north,Range 5 east,W.M., in the City of Renton,King County,Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): Langley 4th Avenue Associates,LLC C' f Renton • , -00'0 . Denis Law,Mayor • ' ' • c, Attest: -r. '• ;� Q Bonnie I. Walton, City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) S�`�xti`. 11l ll m box I certifyyrt that I know or have satisfactory evidence that C • 1 INGi1"c S Notest talit�a� `rt4Ain Qt' signed this instrument and -r I,, acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. rj ; 7 Att)��.�`� .� � Notary Pub is in o'€and for theState of ;IvFt"' 'd1i �2A Notary(Print) AL,,,k .( qi'\V iImo\ /tt`'lCl,1=g4wANN My appointment a Aires: -tat -1 0 Dated: oZ I l� For the purpose of constructing,reconstructing, installing,repairing,replacing, enlarging,operating and maintaining sanitary sewer utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this w day of i b 20 . INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS ,,,,NVMOA11111 COUNTY OF KING •=z— q'��`l 1��d I certify that I know or have satisfactory evidence that _ Ito i l ta--6 .�,r signed this instrument and ` ' 4 .p 'top acknowledged it to be his/her/their free and voluntary act for the uses and purposes n;`:, mentioned in the instrument :r.. ::,,`�� g/I ,ss` s Notary Public in and or the Sjate of Y hin on i1F1,ke ; ate®` Notary(Print) tAv40. 1` /f1v. b' iV-CIr My appointment expires: ca 1 —1 0 Dated: `c2 1 LP 10 Page 2 IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING On this (Jc 11"- day of Fe brut 6`y ,20 0 r,before me personally appeared �w !1l z(@•4N 1lf 124 e 1 ko;1yc , F-0s `L�. r to me known to °'� itt:� le be tiNAQ�nn�l� of the corporation that ' r � 4 ✓j executed the within instrument,and acknowledge the said instrument to be the free v i'y and voluntary act and deed of said corporation,for the uses and purposes therein >+o- , _ of: ;;, mentioned,and each on oath stated that he/she was authorized to execute said instr ent and that the seal ffixed is the co orate seal of said corporation. AA 141 c�w �,k moo otary Public to jand for the State o Washi gt nn 8l `\' Notary(Print) l,A t,,A.b, I I h My appointment expires: a-1 -(0 Dated: I(, I0 Page 3 Project: RIBERA-BALKO SHORT PLAT Exhibit A WO# PID Legal Description GRANTOR: Langley 4`h Avenue Associates,LLC Street: NE 4`h Street and That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA,recorded under King County recording number 19990623900005. More particularly described as follows: Beginning at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along said south margin a distance of 348.51 feet to the Northeast corner of said Parcel A; thence South 00°47'46" West, along the east line of said Parcel A, a distance of 211.52 feet; thence North 89°12'14" West, a distance of 42.00 feet; thence North 00°47'46" East, a distance of 170.06 feet to the beginning of a curve tangent to said line;thence northerly, northwesterly and westerly a distance of 54.27 feet along the curve concave to the southwest, having a radius of 35.00 feet and a central angle of 88°50'55"; thence North 88°03'09" West tangent to said curve, a distance of 272.22 feet; thence North 00°54'12"East, a distance of 8.00 feet to Point of Beginning. All situate in Section 15, Township 23 North,Range 5 East of the Willamette Meridian, in the City of Renton,King County, Washington. opp zwz, wNa\q E.1 H k lv, 0 WAS• e440t 4-0 � y 38965 . L L 15 104, ANO c, o Z 20-c% `q►�....u�... Page T EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON ADDITIONAL RIGHT OF WAY FOR NE 4TH STREET NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, TWP. 23N. , RNG. 5E. , W. M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE, FOUND 3" BRASS DISC WITH INCASED. PUNCH AT SURFACE 03/24/98. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) •! 27 S88 °03 '09"E 2585. 74 ' A 323. — — — .— 1 Cu ��� I Q S88 °03 '09"E 348. 51 ' N88,°03 ' 09"W 272. 22 ' NW CORNER OF S00 °54 ' 12"W R=35. 00 ' - cv PARCEL A 8._00 ' A=54. 27 ' ► �' POB 88 °50 ' 55" , N ADDITIONAL R/W w DEEDED TO CITY co- co i OF RENTON CO Q X cv - o CO v o N.• 0 ° N chi PARCEL A z cn w BLA LUA 99075LLA AFN 19990623900005 al Cu / , -401---- V N89 °12 ' 14"W � � �' 4 2. 0 0 ' I 1r 0 0 z 0 100 200 0 �s-.._ yr- SCALE: EN H. 1" = 100' ,ems w sy�00 . CENTRE A / Z c. �p ., , , \I T „, , lif, . / ��1 F 9 38965 � r ! JjF/ISiE -4'Consultants,Inc.,., . , L ow 206 Railroad Avenue North - Kent, WA 98032 _4,�)`/ to 253-813-1901 main 253-813-1908 fax Page 5 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 15' WATERLINE EASEMENT Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name:RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. Langley 4th Avenue Associates,LLC 1. City of Renton, a Municipal Corporation The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,an easement for public water lines with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described as follows: A portion of the following described property: Parcel A of City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No.19990623900005. Situate in the NW of Section 15, Township 23 north, Range 5 east, of the Willamette Meridian, in the City of Renton, King County, Washington. See Exhibit"A"for easement description. Page 1 Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING �`vogq�,®�@ i 1 i i 9 On this (o t' day of Fe Y,20 D�,before me personally appeared ®0'' OWN Oyojg?/1 (a hC7W�C2-a O5 `PC to me known to 710;,tgat8116 '� be iV�'n AAh d` of the corporation that OT , executed the within instrument,and acknowledge the said instrument to be the free two' and voluntaryact and deed of said corporation,for the uses and purposes therein Sc.J rP P tP i ° — °4' mentioned,and each on oath stated that he/she was authorized to execute said = inst ent and that the seal affixed is the corporate seal of said corporation. tistv- alit/�C`I` q spa42. �` r,1 /VtM f`I FVLC.(,y,1 lI1 p y R WAS *e Notary Public in and for the State of ashin o Notary(Print) 2 A My appointment expires: a .t q,1 D Dated: 9 -La—D1 Exhibit "A" RIBERA-BALKO SHORT PLAT 15' WATERLINE EASEMENT DESCRIPTION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005, more particularly described as follows: Lying within a strip of land 15 feet in width, being 7.50 feet on each side of the following described line: Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along said south margin a distance of 337.58'; thence South 00°48'45" West, a distance of 211.74 feet to the True Point of Beginning; thence continuing South 00°48'45" West, a distance of 407.49 feet to the south line of said Parcel A; thence North 00°48'45" East, a distance of 140.73 feet; thence South 88°03'09" East, a distance of 309.07 feet to the terminus of said line. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. All situate in the NW quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in the City of Renton, King County, Washington. cc • c 38965 yw 'sp FGIST EAR c�0� N4( LhN�/ 2-24-61 Page T EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. ' IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 15' WATERLINE EASEMENT NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, TWP. 23N., RNG. 5E., W.M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE. FOUND 3" BRASS DISC WITH INCASED. PUNCH AT SURFACE 03/24/98. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) S88'03'09"E 2585.74' 323.27-1 — — — -, KI I Q� • S88'03'09'E 337.58' NW CORNER OF PARCEL A S POB a in- QQ oN I (f) ' . I True Point �I of Beginning X 0I PARCEL A I A 99075L LA 0623900005 BLA LU AP 1999 a 01 � I o OI /0I PApCg90 5Lp05 *Aiv 0•1 gLaj9gg06239p0 ;e; m / pFNEn . Q I N. fi ` p II 11 —ZZZ I. S88'03'09"E 309.07' IQ , i I____ M I ' 1i,7 `III, Not to Scale Quo, WH. CENTRE,_/ , /,'' �l on ,9 �896PO &, FI � �Q Consultants,Inc., P.S. roNq C S t pN0 5 206 Railroad Avenue North - Kent, WA 98032 4,, Z-20-07- e 253-813-1901 main 253-813-1908 fax Page Lft :ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 02-20-2009 Utility Services Permit RECEIPT Permit#: U030456 Payment Made: 09/22/2004 09:59 AM Receipt Number: R0405137 Total Payment: 7,211.83 Payee: THOMAS FOSTER Current Payment Made to the Following Items: Trans Account Code Description Amount 4028 000.343.20.00.0000 Public Works Inspection 3,308.54 4033 407.343. 90.00.0003 Stormwater Insp Approval 1,761.16 4050 000.322.40.00.0000 Right-of-way Constructn 90.00 4057 405.343.90.00.0001 Water Inspection Approvl 820.53 4059 405.388.10.00.0013 Misc. Water Installation 1,231. 60 Payments made for this receipt Trans Method Description Amount Payment Check #1558 7,211.83 Account Balances Trans Account Code Description Balance Due 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343. 90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343. 90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343. 90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 Remaining Balance Due: $0.00 CITY OF RENTON • 1055 S. Grady Way Renton, WA 98055 Printed: 02-20-2009 Utility Services Permit RECEIPT Permit#: U030456 Payment Made: 04/21/2003 12:02 PM Receipt Number: R0302533 Total Payment: 1,709.65 Payee: BARGHAUSEN CONSULTING ENGINEERS Current Payment Made to the Following Items: Trans Account Code Description Amount 4028 000.343.20.00.0000 Public Works Inspection 628.50 4033 407.343. 90.00.0003 Stormwater Insp Approval 792.40 4057 405.343. 90.00.0001 Water Inspection Approvl 288.75 Payments made for this receipt Trans Method Description Amount Payment Check #27484 1,709. 65 Account Balances Trans Account Code Description Balance Due 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343. 90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343. 90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343. 90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 Remaining Balance Due: $0.00 CITY OF RENTON • 1055 S. Grady Way Renton, WA 98055 Printed: 02-20-2009 Utility Services Permit RECEIPT Permit#: U070030 Payment Made: 03/15/2007 02:14 PM Receipt Number: R0701147 Total Payment: 590.00 Payee: MICHAEL BROWN Current Payment Made to the Following Items: Trans Account Code Description Amount 4050 000.322.40.00.0000 Right-of-way Constructn 90.00 5025 000.322.10.00.0017 Street Lighting Fee 500.00 Payments made for this receipt Trans Method Description Amount Payment Check 5352 590.00 Account Balances Trans Account Code Description Balance Due 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343.90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343. 90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343.90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 5025 000.322.10.00.0017 Street Lighting Fee .00 Remaining Balance Due: $0.00 CITY OF RENTON • 1055 S. Grady Way Renton, WA 98055 Printed: 02-20-2009 Land Use Actions RECEIPT Permit#: LUA02-129 Payment Made: 11/07/2002 03:05 PM Receipt Number: R0206512 Total Payment: 1,010.36 Payee: RIBERA-BALKO ENTERPRISES Current Payment Made to the Following Items: Trans Account Code Description Amount 5011 000.345.81.00.0008 Prelim/Tentative Plat 1, 000.00 5955 000.05.519. 90.42.1 Postage 10.36 Payments made for this receipt Trans Method Description Amount Payment Check 10209 1, 000.00 Payment Cash 10.36 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341. 60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519. 90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 02-20-2009 Water Service Permit RECEIPT Permit#: W080228 Payment Made: 06/23/2008 01:54 PM Receipt Number: R0803272 Total Payment: 808.90 Payee: LANGLEY FOURTH AVE #1 060 Current'Payment Made to the Following Items: Trans Account Code Description Amount 4056 425.388.10.00.0010 Spec Util Connect Water 558. 90 4059 405.388.10.00.0013 Misc. Water Installation 250.00 Payments made for this receipt Trans Method Description Amount Payment Check #1060 808. 90 Account Balances Trans Account Code Description Balance Due 4021 405.343. 90.00.0000 Meter Processing Fee .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4068 405.237.00.00.0000 Hydrant Deposit .00 Remaining Balance Due: $0.00 O ADMINISTRATIVE, JUDICIAL, AND 4,4, ® , LEGAL SERVICES DEPARTMENT 't*P.Nrv4� MEMORANDUM DATE: February 16, 2009 TO: Carrie Olson—Engineering Specialist/CED FROM: v) Sandi Weir, Records Management Specialist SUBJECT: Returned Signed Document: Deed of Dedication—Ribera-Balko Short Plat(LUA-02-129) The attached document has been signed by the Mayor and City Clerk, and is being returned to you for further processing. Thank you! Attachment 0 PUBLIC WORKS DEPARTMENT ® MEMORANDUM DATE: February 13, 2009 TO: Carrie Olson FROM: Sonja J.Fesser .7" SUBJECT: Ribera-Balko Short Plat,LUA-02-129-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: The page numbers noted at the bottom of the Deed of Dedication document are shown within the bottom one-inch margin of said document. King County recording requirements do not allow for anything to be shown within this margin. Move said page numbers up and outside said margin (there appears to be just enough space provided to move them up). Pages 4 and 5 of said document are not currently numbered,but they should be. Sheets 4 and 5 of the 15' Waterline Easement document also need to be numbered, with the same margin restriction as noted above. The right-hand arrow indicating the east line of the new 15' public waterline easement is in error(Sheet 2 of 2 of the short plat). See the attachment. Add a line for the recording number of the 42' wide street right of way to be dedicated to the City along Whitman Ct NE. Currently, there is a note calling the new right of way "NEW 42' WIDE JOINT ACCESS AND UTILITIES RIGHT OF WAY DEEDED TO CITY OF RENTON". Said right of way is,in fact, mainly for street purposes. See the attachment. Review and revise said note as needed. The title for the 20' easement for drainage pond and access easement block is "NEW PRIVATE EASEMENT FOR DRAINAGE POND AND ACCESS AGREEMENT" (Sheet 1 of 2 of the short plat). However, said easement is noted as-"20' PUBLIC DRAINAGE POND ACCESS EASEMENT"on Sheet 2 of 2. Review and revise as needed. \H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV090211.doc • ` Southeast 128th Street (King CI S89 '03'00"E 2585.73' (COR) Northeast 4th Street (Renton) S88 *03'09"E 2585. 74' — - 348.44' - -,I' - ----- -298.00' - - oI ', + 348.51 ' i 4.00' - - -ci ' I 30.00' 197.49' 1 �, ' 41, 1 298.00 ' NALRW d ADDITIO / DEEDED TO CITY i 10' X 190' 1 I OF RENTON. REC. STORM ESM'T JOINT ACCESS ESM'T AFN 20000418000708 I 42' AFN 20040309002194 NO. N I TO BE REPLACED BY NEW 42' WIDE JOINT • I I ACCESS AND UTILITIES o I 04 RIGHT OF WAY DEEDED LOT 1 -. Z _ TO CITY OF RENTON , lid I U Z 3 38482 Sq.Ft. = 1 - I j/ 0.88 Acres �, y I -/ I Z , co34' 34' JOINT ACCESS ESM'T) J AFN 20040309002194 J �9 I L5 1 co J; ' L6 2 ."— SOUTH LINE OF JOINT ACCESS ESM'T 20' PUBLIC DRAINAGE I III AFN 20040309002194,I �" �0 POND ACCESS EASEMENT 20'1 11'15,1 m ii LOT 2 I II I w 107061 Sq.Ft. II I 2. 46 Acres � I II I 143II 1 r __ _�� TRACT B v 0 �? EGORY 2 WETLAND/ I III - I BLA LUA 99075LLA co II Ql Z 0 '\ AFN 19990623900005 r+ 7/, / 71JNI II' t J% I 11 °y �:. 11 i I / z7 II IIW . Iv WATERUESMCT REC. NO. I ill I .�� -I 10.74' II `� III I ---------- ' I II 1 15' PUBLIC �� D S87 '57'50"E I' 15' SEWER ESM'T WATER ESM'T 'T 132. 12' 'r N I AFN 8509260881 REC. NO. ,T S II 1 : AFN 8609 1 1 1674 _ II--.�1I22'I �- POND v 11 • - . EASEMENT °'II 1I to ,. - S88 03'09"E 298. 00' W CU I r (U II I II I11 I \ < -►I 20'H•-- 1 ��s / 2. 91 ' I III / II L18 1S 1I (Gross) / //V/i/ J„ CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 9,2009 TO: City Clerk's Office FROM: Carrie K. Olson,x7235 Development Services,Plan Review SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Sign Deed of Dedication&REETA Form Attached is the original Ribera-Balko Short Plat Deed of Dedication document that was accepted at the Monday, April 14, 2008, council meeting. Please route for signature by the Mayor and City Clerk and return to me for further processing. Thanks. Also,have Mayor sign original Real Estate Excise Tax Affidavit form and return. cc: Yellow File \\TS_SERVER\SYS2\COMMON\l:\P1anReview\COLSON\Shortplats 2009\Ribera-Balko SHPL l lm ClerkSignDeed.doc 1,1 _ CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 9,2009 TO: Rocale Timmons,Planning FROM: Carrie Olson,Plan Revie SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the LUA folder for the short plat. We are in the final review stage of recording this short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me by Monday,February 16, 2009, so I can proceed to final recording. Thanks. • Mitigation Fees will be paid at building permit. • Demo Permit finaled in 2000. Approval: , Date: Rocale Timmons,Planning Cc:Yellow File I:\PlanReview\COLSON\Shortplats 2009\Ribera Balko SHPL 12m PlanningReview.doc • CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: February 9,2009 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed.Thanks. Attachment included: • Deed of Dedication, 15' Waterline Easement, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accepted Related NA Pro ect#s Comments As-Builts Cost Data Inventory Bill of Sale Easements 15'Waterline Easement (Water,Sewer,Utilities, Hydrant,etc.) Deed of Dedication Square Footage:11,604 s.f. Restrictive Covenants • Maintenance Bond Release Permit Bond Comments : Approval: , ,Date: Kayren Kittrick Arneta Henninger Cc: Yellow File • C Consultants,Inc.,P.S. Transmittal RECERIVED Date: January 23, 2009 JAN 2 3 2009 To: Carrie Olson, City of Renton BUILDING DIVISION 'From: Michael Chen--7 -- Regarding: Ribera — Balko Short Plat LUA02-129 - SHPL Message: Enclosed is our resubmittal for the Ribera — Balko Short Plat. 3 full size plans 3 copies of response letter 3 copies of Deed of Dedication 3 copies of 15' Water Easement 206 Railroad Ave N, Kent, Washington 98032 Phone: (253) 813-1901 FAX: (253) 813-1908 CENTRE A / PWNTEConsultants, Inc., P.S. January 22,2009 Ms. Carrie K. Olson City of Renton Department of Community and Economic Development 1055 South Grady Way Renton,WA 98057 Re: Ribera-Balko Short Plat LUA02-129-SHPL Dear Carrie: This letter is our responses to the correction notice letter issued January 13,2009 for the project referenced above. Our responses to the comments are in italic bold. 1. Contact Arneta Henninger,Plan Reviewer,at 425-430-7298,for requirements to be completed on the civil construction portion to your project. Civil engineer of record should have contacted Arneta. 2. Please also contact Rocale Timmons(425-430-7219)with requested items(See attached memo from Rocale).Noted We made corrections to the second to last comment regarding the protective easement. 3. The Stewart Title Guaranty Company Second Report document,Order No.208163103, dated December 4,2008,notes that LANGLEY 4 AVENUE ASSSOCIATES,LLC is the vested owner of the subject short plat property. The short plat submittal notes,under the "OWNER'S DECLARATION"block on Sheet 1 of 2,that the owner is"FOURTH AVENUE ASSOCIATES,LLC". These two names should be exactly alike.Review and revise as needed.Name has been corrected to "Langley 4th Avenue Associates,LLC." 4. See the attachment of the"Aquifer Protection Notice"block for needed revisions(Sheet 1 of 2). Corrected per attachment. 5. The symbol representing what was set along the west side of the NGPE area and along the west and south lines of "Tract A"of the short plat drawing, does not appear to be as "black"in color as those shown along the east line of said NGPE area. Review and revise as needed.All symbols have been revised to match. 206 Railroad Ave. N. • Kent,Washington 98032 • Phone:253.813.1901 • Fax:253.813.1908, 6. Is there to be a 42' X 407' (approx)utilities easement to the city?A utilities easement document(with these dimensions)was reviewed in our November 26,2008 memo.No reference to said easement is made on the current short plat submittal, and Technical Services received no Utilities Easement document for this review. In our last review we noted that there was no Map Exhibit attached,and that the Project File#was not shown on Page 1 of said Utilities Easement document.Easement removed 7. It is noted that the"Drainage Pond Access Easement"was changed to a"PRIVATE" easement. Comment noted 8. Since this short plat will not be approved in"2008", change all references to the year to 2009.Date has been revised 9. Add the word"LEGAL"to the title of the"DESCRIPTION"block(Sheet 2 of 2). The word"Legal"has been added Comments concerning the dedication document and the easement document: 10. Add"LLC"to the end of the"Grantor"name on Page 1 of the 15' Waterline Easement document.LLC has been dated after "Grantor." 11. Both the Deed of Dedication document and the 15' Waterline Easement document need to have the"Page"numbers noted on them.Page numbers are noted on the document. 12.Provide a completed and signed REETA form to be recorded with the deed document;together with, an original,revised, signed,notarized deed document to be signed by the Mayor and City Clerk. The owner will provide these documents separately. Enclosed with this resubmittal are 3 copies of the revised plans and 3 copies of related documents. Should you have any questions or need any additional information please do not hesitate to contact me at 253- 813-1901. Sincerely, Centre Pointe Consultants,Inc. Steve Woods Director of Surveying Attachments cc: Mike Brown,LANGLEY 4TH AVENUE ASSSOCIATES,LLC Thomas Foster,LANGLEY 4TH AVENUE ASSSOCIATES,LLC t- ti( Y ost"'"). CITY F RENTON + i% ' � 4. Department of Community and Economic Development Denis Law,Mayor Alex Pietsch,Administrator -NCO January 13, 2009 Mr. Thomas Foster Fourth Avenue Associates, LLC 6450 Southcenter Blvd, Suite 106 . Seattle WA 98103 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Dear Mr. Foster: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related documents. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Contact Arneta Henninger,Plan Reviewer, at 425-430-7298, for requirements to be completed on the civil construction portion to your project. i 2. Please also contact Rocale Timmons (425-430-7219) with requested items (See attached memo from Rocale). 3. The Stewart Title Guaranty Company Second Report document, Order No. 208163103, dated December 4, 2008,notes that LANGLEY 4TH AVENUE ASSSOCIATES, LLC is the vested owner of the subject short plat property. The short plat submittal notes, under the "OWNER'S DECLARATION" block on Sheet 1 of 2, that the owner is "FOURTH AVENUE ASSOCIATES, LLC". These two names should be exactly alike. Review and revise as needed. 4. See the attachment of the "Aquifer Protection Notice"block for needed revisions (Sheet 1 of 2). 5. The symbol representing what was set along the west side of the NGPE area and along the west and south lines of "Tract A" of the short plat drawing, does not appear to be as "black" in color as those shown along the east line of said NGPE area. Review and revise as needed. 6. Is there to be a 42' X 407' (approx) utilities easement to the city? A utilities easement document (with these dimensions) was reviewed in our November 26, 2008 memo. No reference to said easement is made on the current short plat submittal, and Technical Services received no Utilities Easement document for this review. In our last review we P(AateL Odfccoosk it, kS Q--- , 1 - a -°' I:\PlanReview\COLSON\Shortplats 2009\Ribera-Balko SHPL 09L Change RequestStop.doc ------------- RENTON 1055 South Grady Way-Renton,Washington 98057 1` l�l ® 1W AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer Page 2 January 13,2009 noted that there was no Map Exhibit attached, and that the Project File#was not shown on Page 1 of said Utilities Easement document. 7. It is noted that the "Drainage Pond Access Easement" was changed to a "PRIVATE" easement. 8. Since this short plat will not be approved in "2008", change all references to the year to 2009. 9. Add the word"LEGAL"to the title of the"DESCRIPTION"block(Sheet 2 of 2). Comments concerning the dedication document and the easement document: 10. Add "LLC" to the end of the "Grantor" name on Page 1 of the 15' Waterline Easement document. 11. Both the Deed of Dedication document and the 15' Waterline Easement document need to have the"Page"numbers noted on them. 12. Provide a completed and signed REETA form to be recorded with the deed document; together with, an original, revised, signed, notarized deed document to be signed by the Mayor and City Clerk. . Should you need to discuss any portion of this letter please contact me at(425)430-7235. Sincerely, 01)))VC-C___, ( Carrie K. Olson Development Services,Plan Review FAXED TO: Steve Woods, Centre Pointe: 253-813-1908 Emailed TO: Darrell Offe, Offe Engineers Cc: Yellow File O� �• ® DEPARTMENT OF COMMUNITY AND • • ECONOMIC DEVELOPMENT MEMORANDUM • DATE: January 13, 2009 TO: Carrie Olson, Plan Review FROM: Rocale TimmonAssociate Planner SUBJECT: Ribera Balko Short Plat, LUA02-129, SHPL-A The following changes are needed in order for the planning section to recommend recording of the final short plat: Verification Letter: A letter from your wetland biologist specifically stating that all mitigation was installed in full accordance with the 3/27/2007 mitigation plan developed by Shannon& Wilson,Inc. Mitigation Installation and Approval: Once the wetland mitigation has been installed(plants, signage, fencing, etc.)pursuant to the approved plan,the wetlands specialist will need to provide —me-with written verification;:that the installation and that it is in conformance with the approved plan. As Built Plans for the Mitigation Area: A copy of the mitigation as-built plans must be submitted. Monitoring and Maintenance Surety Amount: In order to provide the applicant with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing,we will need a copy of the signed maintenance and monitoring contract for this work. A draft(followed by a final)maintenance and monitoring contract(or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance,'the performance standards of the approved mitigation plan as well;the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacementas-weld. The language in the contract must also guarantee that"structures,improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal,the applicant will need to provide a maintenance surety device(a letter of credit or irrevocable set aside letter) set at an amount totaling 125%of the cost to guarantee satisfactory performance for a minimum of five years. Protective Easement: You have opted to place a portion of Tract A in a Native Growth Protection Easement. Please remove language on subtitle, "(NGPE Site for Future Development)"under"Tract A"on sheet 2 of 2. Please note the gross and net square footage of Tract A where you have only noted the gross square footage. Net square footage is equal to the total size of the tract minus the area of the native growth protection easement. In addition please identify the type of wetland and its category. General Final Plat submittal requirement: Once all changes have been made to the plan set, please provide one set of PMT reductions of each finalized plat plan sheet. AN'',' I AND AS MY COMMISSION EXPIRES: PRINT NOTARY NAME NEW PRIVATE EASEMENT FOR DRAINAGE POND AND ACCESS • AGREEMENT: NEW PRIVATE EXCLUSIVE 20' EASEMENT FOR DRAINAGE POND `'` ACCESS IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS SHORT PLAT. THE OWNERS OF LOTS 1 AND 2, INCLUSIVE SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE STORM DRAINAGE EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE L PRIVATE STORM DRAINAGE, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY ' THE CITY OF RENTON OR OTHER UTILITY PROVIDERS. • MAINTENANCE COSTS SHALL BE SHARED EQUALLY. THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. :ENT Aquifer Protection Notice: THE LOTS CREATED HEREIN FALL WITHI ZONE 2 O!° RENTON''S AQUIFER 474.0 PROTECTION AREA AND ARE SUBJECT TO HE REQUIREMENTS OF THE CITY OF RENTON ORDINANCE NUMBER 436 . THE CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW AQUIFER UNDER THE CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN. THE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF ANY LIQUID SUBSTANCE, OTHER THAN WATER, TO PROTECT FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNERS' RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. 11 rT ffliai`T CL+ nr OaRAA4NA, y'*[-n T�_tn['J7rn a Inn n1 a J +C�a-*c�il'�71f 17L 17 �di'IT1L n,durnnAtt fy I • PLAT NOTES: 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE MEASURING METER (GEODIMETER 600) AND REAL TIME KINEMATIC (RTK) / STATIC (GEODIMETER 600) AND REAL TIME KINEMATIC (RTK) / STATIC GLOBAL POSITIONING SYSTEM (GPS) . LINEAR AND.ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARC OF WAC 332-130-090. 2) FULL RELIANCE FOR LEGAL! DESCRIPTIONS AND RECORDED EASEMENTS HAVE BEEN PLACEC ON THE TITLE REPORT FROM STEWART TITLE COMPANY COMMITMENT ORDER NO.208163103, DATED JANUARY 28, 2008. NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED. • 0p,,,U„' „/,/"••,,,,,,,`,"`. "\I 1,/ CENTRE SURVEYOR'S CERTIFICATE: represents a surveymade by me Q`r o� "A .4,it , Plat correctly p \ � ink /,� N y direction in conformance with the requirements "i, � ►, atik 200, .4 c,„ CITY OFRENTON �,„ y�E PLANNINGBUILDING/PUBLIC WORKS Dee MEMORANDUM tiT��ToFR�/4,0 SyS 08 DATE: December 15,2008 V TO: Bob Mac Onie,Technical Services DEC Sonja Fesser,Technical Services CIT ®b 200A. ri FROM: Carrie Olson,Plan Review x7235 UT IJ�o YSTE�s SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Title Report update • Deed of Dedication ` t7 • 15' Waterline Easement • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. • Approval: \ , Date: Robert T Mac Onie,Jr. Sonja Fesser Cc:Yellow File I:\PlanReview\COLSON\Shortplats 2008\Ribera-Balko SHPL 08m PR TS ReviewStart.doc I 1 ti`CY O PUBLIC WORKS DEPARTMENT ' • ® ' MEMORANDUM DATE: January 2, 2009 TO: Carrie Olson FROM: Sonja J.Fesser SUBJECT: Ribera-Balko Short Plat,LUA-02-129-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final short plat submittal and have the following comments: Comments for the Applicant: The Stewart Title Guaranty Company Second Report document, Order No. 208163103, dated December 4, 2008,notes that LANGLEY 4TH AVENUE ASSSOCIATES,LLC is the vested owner of the subject short plat property. The short plat submittal notes,under the "OWNER'S DECLARATION"block on Sheet 1 of 2,that the owner is "FOURTH AVENUE ASSOCIATES,LLC". These two names should be exactly alike. Review and revise as needed. See the attachment of the"Aquifer Protection Notice"block for needed revisions (Sheet 1 of 2). The symbol representing what was set along the west side of the NGPE area and along the west and south lines of "Tract A"of the short plat drawing, does not appear to be as "black" in color as those shown along the east line of said NGPE area. Review and revise as needed. Add"LLC"to the end of the"Grantor"name on Page 1 of the 15' Waterline Easement document. Both the Deed of Dedication document and the 15' Waterline Easement document need to have the "Page" numbers noted on them. Is there to be a 42' X 407' (approx)utilities easement to the city?A utilities easement document(with these dimensions) was reviewed in our November 26, 2008 memo.No reference to said easement is made on the current short plat submittal, and Technical Services received no Utilities Easement document for this review. In our last review we noted that there was no Map Exhibit attached,and that the Project File#was not shown on Page 1 of said Utilities Easement document. \H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Flats\0331\RV081230.doc • January 2, 2009 Page 2 It is noted that the"Drainage Pond Access Easement"was changed to a"PRIVATE" easement. Since this short plat will not be approved in "2008", change all references to the year to 2009. Add the word"LEGAL"to the title of the"DESCRIPTION"block(Sheet 2 of 2). H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV081230.doc\cor CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 15,2008 TO: Jennifer Henning,Planning/ =7� FROM: Carrie Olson,Plan Review a..1) SUBJECT: RIBERA BALKO SHORT PLA T LUA02-129-SHPL Attached is the LUA folder for the short plat. We are in the final review stage of recordingthis short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me by Monday,' u ;2008, so I can proceed to final recording. Thanks. 97 • Mitigation Fees will be paid at building permit. • Demo Permit finaled in 2000. ( S'-e ,/nr71/0 Approval: pp , Date: Jennifer Henning,Planning/ ztg_e_ Cc:Yellow File I:\P1anReview\COLSON\Shortplats 2008\Ribera-Balko SHPL 07m PlanningReview.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 15,2008 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review(J� SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed.Thanks. Attachment included: • Letter of Compliance, Deed of Dedication, Utility Easement, 15' Waterline Easement, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accepted Related NA Project its Comments As-Builts Cost Data Inventory Bill of Sale Easements Utility Easement, 15'Waterline Easement (Water,Sewer,Utilities, Hydrant,etc.) Deed of Dedication Square Footage: 11,604 s.f. Restrictive Covenants Maintenance Bond Release Permit Bond Comments : i • ae,../ , 4 L421, - M 14- 16(a-IL4a /' 3 LP326" 2-)f) Approval: , ,Date: Kayren Kittrick Arneta Henninger Cc: Yellow File CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 15,2008 TO: Bob Mac Onie,Technical Services Sonja Fesser,Technical Services FROM: Carrie Olson,Plan Review x7235 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Title Report update • Deed of Dedication • 15' Waterline Easement • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: \ , Date: Robert T Mac Onie,Jr. Sonja Fesser Cc:Yellow File I:\PlanReview\COLSON\Shortplats 2008\Ribera-Balko SHPL 08m PR-TS ReviewStaridoc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 15,2008 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed. Thanks. Attachment included: • Letter of Compliance, Deed of Dedication, Utility Easement, 15' Waterline Easement, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accepted Related NA Project Comments As-Builts Cost Data Inventory Bill of Sale Easements Utility Easement, 15'Waterline Easement (Water,Sewer,Utilities, Hydrant,etc.) Deed of Dedication Square Footage:11,604 s.f. Restrictive Covenants Maintenance Bond Release Permit Bond Comments : Approval: , ,Date: Kayren Kittrick Arneta Henninger Cc: Yellow File CENTRE ., PWNTE Consultants, Inc., P.S. Carrie Olson December 10,2008 City of Renton 1055 South Grady Way Renton,Washington 98055 RE: The Final Short Plat Submittal of the Ribera-Balko Short Plat LUA-02-129. Comments provided by Carrie Olson on December 1,2008. Dear Carrie, Enclosed,please find a response to the above listed comments; 1. The project engineer Dayrule Off,PE is handling Arneta Henninger's review comments. 2.A copy of Stewart Title Company Commitment document was previously submitted,we have included 3 copies with this submittal, and will provide an updated Title Report prior to approval of the short plat. 3.The note for CC&R's has been removed. The"New Private Easement for Drainage Pond and Access Agreement"will remain in place on the mylar. 4.The two grammar errors were corrected on Page 1 of 2 of the short plat. 5.The text in the bottom 1"margins of the Deed of Dedication,has been removed. -6--rni-evrra"' li met Fted RE is-included with hi -resuhmittal- � 7.An original,revised, signed and notarized Deed Document to be signed by the Mayor, is included.All changes have been made and document has been signed by the surveyor. 8.All utility easement documents now show the Project File number on them. 9. The legal descriptions for the 15' Waterline Easement have been modified to exclude"Parcel B". 10.The 20' Drainage Pond Access Easement has been noted as a private easement,please see the "New Private Easement for Drainage Pond and Access Agreement"note on sheet 1 of 2 for easement details. 11. Spaces have been provided for the Public Water Easement, and Road Dedication documents for the recording numbers to be added to the mylars at recording. Should you have any questions or comments,please feel free to contact me. Sincerely, • tephen H. Woods,PLS 206 Railroad Ave. N. • Kent,Washington 98032 • Phone:253.813.1901 • Fax:253.813.1908 CENTRE , / F;VQJNT.E Consultants,Inc.,P.S. Transmittal Date: December 15, 2008 To: Carrie Olsen, City of Renton From: Michael Chen Regarding: Ribero Balko Short Plat Message: Carrie, Here is the updated title report for Ribero Balko Short Plat. 2016 Railroad Ave N, Kent, Washington 98032 Phone: (253) 813-1901 FAX: (253) 813-1908 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name: RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released:Additional reference numbers are on page_ . Grantor(s): Grantee(s): 1. Langley 4h Avenue Associates,LLC. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Parcel A,City of Renton Lot Line Adjustment No.LUA 99075LLA,recorded under Recording No. 19990623900005. Situate in the NW''A of Section 15,Township 23 north,Range 5 east, W.M.,in the City of Renton,King County,Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and Accepted BY: Grantor(s): Grantee(s): Langley 4'f'Avenue Associates,LLC., City of Renton Denis Law,Mayor Bonnie I.Walton,City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Project: RIBERA-BALKO SHORT PLAT Exhibit A WO# PID Legal Description GRANTOR: Langley 4`h Avenue Associates,LLC Street: NE 4th Street and That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005. More particularly described as follows: Beginning at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09"East,along said south margin a distance of 348.51 feet to the Northeast corner of said Parcel A; thence South 00°47'46" West, along the east line of said Parcel A,a distance of 211.52 feet; thence North 89°12'14" West, a distance of 42.00 feet; thence North 00°47'46" East, a distance of 170.06 feet to the beginning of a curve tangent to said line;thence northerly, northwesterly and westerly a distance of 54.27 feet along the curve concave to the southwest, having a radius of 35.00 feet and a central angle of 88°50'55"; thence North 88°03'09" West tangent to said curve, a distance of 272.22 feet; thence North 00°54'12" East, a distance of 8.00 feet to Point of Beginning. All situate in Section 15, Township 23 North,Range 5 East of the Willamette Meridian, in the City of Renton,King County, Washington. EXHIBIT "A" LANGLEY VENTURE GROUP ROAD DEDICATION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005. More particularly described as follows: Beginning at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along the south margin a distance of 348.51 feet to the Northeast corner of said Parcel A; thence South 00°47'46" West, along said Parcel A, a distance of 211.52 feet; thence North 89°12'14" West, a distance of 42.00 feet; thence North 00°47'46" East, a distance of 170.06 feet to the beginning of a curve tangent to said line;thence northerly, northwesterly and westerly a distance of 54.27 feet along the curve concave to the southwest, having a radius of 35.00 feet and a central angle of 88°50'55"; thence North 88°03'09" West tangent to said curve, a distance of 272.22 feet; thence North 00°54'12" East, a distance of 8.00 feet to Point of Beginning. All situate in Section 15,Township 23 North,Range 5 East of the Willamette Meridian. 2ao-off ` ¢ / e 94'ISfEOs<t�c,� NAL LAND , EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON ADDITIONAL RIGHT OF WAY FOR NE 4TH STREET NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, TWP. 23N. , RNG. 5E. , W. M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE, FOUND 3" BRASS DISC WITH (INCASED. PUNCH AT SURFACE 03/24/98. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) S88 °03 '09"E 2585. 74 ' 4rN--323.2T-1 - — — ----- — ----- -,->e< cv `r S88 °03 '09"E 348. 51 ' N88 °03 '09"W 272. 22 ' NW CORNER OF SOO °54 ' 12"W R=35. 00 ' • iv PARCEL A 8. 00 ' A=54. 27 ' ► n 8 POB A 88 °50 ' 55" � N ADDITIONAL R/W w DEEDED TO CITY co- LO OF RENTON V CD Q - O CU cfl i V O V X 0 ° N m PARCEL A z cn o w BLA LUA 99O75LLA AFN 19990623900005 cu Ln N89 °12 ' 14"W I *Ai 42. 00 ' O I fy' ; 0 z 0 100 200 Z JD D� SCALE: EN H. 1„ = 100' Q� F AS �0 I CENTRE A / ,v)kvi f & IN Consultants, Inc., P.S. �`5>04/ I s T E o 5�Q 206 Railroad Avenue North — Kent, WA 98032 i A� )10 253-813-1901 main 253-813-1908 fax ����������������������������������/ For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining sanitary sewer utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of 20 . INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Exhibit "A" RIBERA-BALKO SHORT PLAT 15' WATERLINE EASEMENT DESCRIPTION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005, more particularly described as follows: Lying within a strip of land 15 feet in width, being 7.50 feet on each side of the following described line: Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along said south margin a distance of 337.58'; thence South 00°48'45" West, a distance of 211.74 feet to the True Point of Beginning; thence continuing South 00°48'45" West, a distance of 407.49 feet to the south line of said Parcel A; thence North 00°48'45" East,a distance of 140.73 feet; thence South 88°03'09" East, a distance of 309.07 feet to the terminus of said line. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. All situate in the NW quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in the City of Renton, King County, Washington. H / <Q 4 WAs, Oat ,91'3B965 O J� EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 15' WATERLINE EASEMENT NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, TWP. 23N., RNG. 5E., W.M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE, FOUND 3' BRASS DISC WITH INCASED. PUNCH AT SURFACE 03/24/98. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) S88'03'09"E 2585.74' 414—323.22� — — �< 11 Q S88'03'09"E 337.58' NW CORNER OF PARCEL A & POB in- vv - v-+ oN Cl)o .' / True Point of Beginning X 0 it BLA PUACEL 99075LLA AFN 19990623900005 rn v 0 • 3 /� RpFC 0515op05 // B N 1.0 9 gp623g0 in- --..,Opw- Q 0 a r, fr 11` 0 go.. IW , N � � � � Iron' '' S88'03'09"E 7 0 i I____ ' 0I - - - - - N Not to Scale Q`<0 H. 4, I. k if 0 CENTRE �� I ►� y , p ., , /. , 1 l[\T, — I-- i s Fg QF, Q ifr. r Consultants, Inc.,P.S. r0,y,4 C I S T E O 5� 206 Railroad Avenue North - Kent, WA 98032 LAN 253-813-1901 main 253-813-1908 fax 414k N' AO` f CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 3,2008 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review' 0 SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed. Thanks. Attachment included: • Letter of Compliance, Deed of Dedication, Utility Easement, 15' Waterline Easement, 20' Drainage Pond Access Easement, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accented Related NA �[ Project#s Comments As-Builts , Cost Data Inventory Bill of Sale Easements- Utility Easement, 15' Waterline Easement, and 20' (Water,Sewer,Utilities, Drainage Pond Access Easement Hydrant,etc.) II Deed of Dedication Square Footage:11,604 s.f. Restrictive Covenants Maintenance Bond `� Release Permit tBBond Comments : ���.- .erg 3- 3 AI, s et-& 4 6,:pil,1-1-ej 2-0 tA7(--- ea-L(0'1i g r �✓ - 4 Approval: , ,Date: Kayren Kittrick Arneta Henninger �o Cc: Yellow File �C� G § o� CITY RENTON d ♦ Department of Community and 'mu Economic Development `e$' Denis Law,Mayor Alex Pietsch,Administrator December 1, 2008 Mr.Thomas Foster Fourth Avenue Associates, LLC 6450 Southcenter Blvd, Suite 106 Seattle WA 98103 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Dear Mr.Foster: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related documents. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Contact Arneta Henninger,Plan Reviewer, at 425-430-7298, for requirements to be completed on the civil construction portion to your project. 2. Provide a copy of the Stewart Title Company Commitment document, Order No. 208163103, dated January 28, 2008 to the city, if not already submitted. NOTE: said document needs to be updated for the Deed of Dedication process (to be dated within the 45-day time period prior to City Council approval of said dedication). The City must be as sure as possible that the stated property owner is, in fact, the vested owner per the title document. 3. If the Covenants, Conditions and Restrictions document, referenced on Sheet 1 of 2, is to be recorded concurrently with the short plat, then have the appropriate volume, page and recording number inserted in the spaces provided on Page 4 of said document (at the time of recording). NOTE: This document may not be required, by the City, if the "NEW PRIVATE EASEMENT FOR DRAINAGE POND AND ACCESS AGREEMENT" note on the face of the first page of the mylar stays in place. However, it is a document that may be needed for CC&R's between the private homeowners. 4. • See the attachment for circled items that need to be corrected. Comments concerning the dedication document and the easements documents: 5. The Deed of Dedication document has text noted within the bottom 1" of Pages 1 through 3. Said 1"margin should be void of any text,per King County recording requirements. 6. Provide a completed and signed REETA form to be recorded with the deed document. I:\PlanReview\COLSON\Shortplats 2008\Ribera-Balko SHPL 06L Change RequestStop.doc �7 RETON 1055 South Grady Way-Renton,Washington 98057 l� ThisAHEAD O F THE CURVE paper contains 50%recycled material,30%post consumer Page 2 December 1,2008 7. Provide an original,revised, signed,notarized deed document to be signed by the Mayor. • 8. The Utility Easement document should note the Project File number (upper left-hand corner of Page 1). Also, there is no Map Exhibit attached to said easement document. Is this document still required? 9. The 15' Waterline Easement legal descriptions include "Parcel B" in both legal descriptions. Parcel B is not a part of this short plat. 10. The 20' Drainage Pond Access Easement document has an error in the Exhibit "A" legal description. The bearing; noted just before the "True Point of Beginning" is reached, should be running in the Northwest direction,not the Southeast direction. Is this document for public access(City of Renton)still required for any portion of the drainage area? 11. Please remember to add a note and a space for recording numbers on the mylar for any document left to be recorded with the mylar. Should you need to discuss any portion of this letter please contact me at,(425)430-7235. Sincerely, (j%V).) ,-j2j4) LLI:k4-)6r Carrie K.Olson / . Development Services,Plan Review j?L_ FAXED TO: Steve Woods, Centre Pointe: 253-813-1908 -L Emailed TO: Darrell Offe, Offe Engineers Cc: Yellow File I5 AND SEALS, ON THIS DAY OF 2008, BEFORE ME, THE s_�-, ITS 6Ih 1 I J UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. DULY COMMISSIONED _fj AND SWORN. PERSONALLY APPEARED TO ME PERSONALLY KNOWN (OR 1 M / PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE OF ,. g J THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT. AND ACKNOWLEDGED o ' NE 4th St E SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION. FOR o i THE PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE 5 SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY. IS THE CORPORATE SEAL OF SAID 91TS , A CO ON. NB Sid CL e D VE NANT: WITNESS HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE \� �� SHORT PLAT. IN RETURN FOR THE ,- BY SIGNING HEREON COVENANTS — CREST IN THE NEW EASEMENTS NOTARY PUBLIC IN AND FOR THE STATE \ I T c''' FUTURE PURCHASERS OF THE LOTS, OF WASHINGTON. RESIDING IN • \ -J� VANTS SHALL RUN WITH THE LAND AS MY COMMISSION EXPIRES: (----L-LTT 4. PRINT NOTARY NAME OF 2008. NEW PRIVATE EASEMENT FOR DRAINAGE POND AND ACCESS 1" = 1/4 mile AGREEMENT: T OF PUBLIC WORKS NEW PRIVATE EXCLUSIVE 20' EASEMENT FOR DRAINAGE PONDS DOCUMENTS OF RECORD:ACCESS IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS SHORT PLAT. THE OWNERS OF LOTS I AND 2,INCLUSIVE SHALL HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNERSHIP 1) A 16' EASEMENT IN FAVOR OF CITY OF RENTON FOR SANITARY - AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE STORM DRAINAGE SEWER. REC. NO.8509260881 AND 8609111674. EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE 2) A 10' EASEMENT IN FAVOR OF CITY OF RENTON FOR UTILITIES OF 2008. RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE REC. NO.20000418000708. PRIVATE STORM DRAINAGE, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITIES WITHIN THIS EASEMENT. 3) AN EASEMENT IN FAVOR OF UNITED STATES POSTAL SERVICE PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY FOR JOINT ACCESS. REC. N0.20040309002194. THE CITY OF RENTON OR OTHER',UTILITY PROVIDERS. 4) POSSIBLE SANITARY SEWER CONNECTION CHARGES, REC. NO.960621( MAINTENANCE COSTS SHALL BE SHARED EQUALLY. THE CITY OF RENTON WILL BE PAID PRIOR TO THE RECORDING OF THE SUBJECT SHORT Pl. DEPUTY ASSESSOR SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE 5) RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROP) AT THE OWNER'S COST. REC. NOS. 5813072. 5823627 AND COURT CAUSE NO, 632233. 6) POSSIBLE MINERAL RIGHTS. REC. NO. 192430. ECTION EASEMENT 7) EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED. REC. NO.200( PE) ON THIS SHORT Aquifer Protection Notice: 8) TERM COVENANTS. CONDITIONS AND RESTRICTIONS AS CONTAINED LOT ADJUSTMENT LUA 99075LLA, REC. NO. 19990623900005. ER AREA FOR THE THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER `>. )UI; ON OF THE NATIVE PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE TO THE PUBLIC A CITY OF RENTON ORDINANCE NUMBER 4367. THE CITY'S SOLE SOURCE E EASEMENT AREA. OF DRINKING WATER IS SUPPLIED FROM A SHALLOW AQUIFER UNDER THE PRESERVING NATIVE CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN THE WATER ER AND EROSION, TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHEN HANDLING OF ANY LIQUID SUBSTANCE, OTHER THAN WATER. TO PROTECT D AURAL BUFFERING. FROM CONTACT WITH THE GROUND SURFACE. IT IS THE HOMEOWNERS' , T. THE GROWTH RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. ENT AND FUTURE MAINTENANCE COSTS SHALL BE SHARED EQUALLY. THE CITY OF RENTON ENFORCEABLE ON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY N. TO LEAVE DEFICIENCIES OF THE DRAINAGE FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST. . N WITHIN THE NGPE MAY NOT BE DAMAGED. WITHOUT PLAT NOTES: • CITY OF RENTON. • PPLY TO THE AGENTS, 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE S OR SUBSEQUENT UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE 41 O PUBLIC WORKS DEPARTMENT ® ♦ MEMORANDUM DATE: November 26, 2008 TO: Carrie Olson FROM: Sonja J.Fesser SUBJECT: Ribera-Balko Short Plat,LUA-02-129-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant concerning the short plat submittal: Provide a copy of the Stewart Title Company Commitment document, Order No. 208163103, dated January 28, 2008 to the city, if not already submitted. NOTE: said document needs to be updated for the Deed of Dedication process (to be dated within the 45-day time period prior to City Council approval of said dedication). The City must be as sure as possible that the stated property owner is, in fact,the vested owner per the title document. If the Covenants, Conditions and Restrictions document,referenced on Sheet 1 of 2, is to be recorded concurrently with the short plat,then have the appropriate volume,page and recording number inserted in the spaces provided on Page 4 of said document(at the time of recording). See the attachment for circled items that need to be corrected. Comments concerning the dedication document and the easements documents: The Deed of Dedication document has text noted within the bottom 1"of Pages 1 through 3. Said 1"margin should be void of any text,per King County recording requirements. The Utility Easement document should note the Project File number(upper left-hand corner of Page 1). Also,there is no Map Exhibit attached to said easement document. The 15' Waterline Easement legal descriptions include"Parcel B"in both legal descriptions. Parcel B is not a part of this short plat. 1H:1File Sys'LND-Land Subdivision&Surveying Records\L.ND-20-Short Plats10331\RV081121,doe November 26,2008 Page 2 The 20' Drainage Pond Access Easement document has an error in the Exhibit"A"legal description. The bearing,noted just before the "True Point of Beginning" is reached, should be running in the Northwest direction,not the Southeast direction. H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV081121.doc\cor CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 3,2008 TO: Bob Mac Onie, Technical Services Sonja Fesser, Technical Services FROM: Carrie Olson,Plan Review x7235 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Deed of Dedication • Utility Easement • 15' Waterline Easement • 20' Drainage Pond Access Easement • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: \ , Date: Robert T Mac Onie,Jr. Sonja Fesser Cc:Yellow File I:\PlanReview\COLSON\Shortplats 2008\Ribera-Balko SHPL 04m PR-TS ReviewStart.doc • r-pflAAt e,k2A& - 3--( I • ‘r- r � v CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: November 3,2008 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review SUBJECT: RIBERA BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed.Thanks. Attachment included: • Letter of Compliance, Deed of Dedication, Utility Easement, 15' Waterline Easement, 20' Drainage Pond Access Easement, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accented Related NA project#s Comments As-Builts Cost Data Inventory Bill of Sale Easements Utility Easement, 15' Waterline Easement, and 20' (Water,Sewer,Utilities, Drainage Pond Access Easement Hydrant,etc.) Deed of Dedication Square Footage: 11,604 s.f. Restrictive Covenants Maintenance Bond Release Permit Bond Comments : Approval: ,Date: Kayren Kittrick Arneta Henninger Cc: Yellow File } I PLAN REVIEW CITY OF RENTON CEIVTRE , ,f _ O C T 3 1 2008 D4 y ,; TY 'r •.,fin�� �� \` Consultants, Inc., P.S. October 29, 2008 Ms. Carrie Olsen City of Renton C1TY9Fil5NIQ" RF Department of Community&Economic Development C: `/ Fr 1055 South Grady Way OCT 2 9 2Qt Renton, WA 98057 BUILDINGDIVISION Re: Ribera-Balko Short Plat LUA02-129-SHPL Dear Ms. Olsen, This letter is our responses to the correction notice letter issued May 26, 2008 for the project referenced above. Our responses to the comments are as follows: 1. The civil engineer of record has completed this task. 2. The land use action number and land record number is now shown. 3. The declaration title has been corrected. 4. The owner's name and title is now shown. 5. The declaration of title text is now correct. 6. The title for the City Administrator is now correct. 7. The City of Renton and King County approvals are now separate. 8. The indemnification block is no longer shown. 9. The datum is NAD 83/91 and is now shown on sheet 2. The difference in the coordinate values is due to a different measuring result from Centre Pointe Consultants. 10. Description and date found for monument 1227 is now shown. 11. All references to the previous topo are no longer shown. 12. A reference block for surveys is now shown on sheet 2. 13. The plat boundary now includes the portion to be deeded to the City along the north and east. 14. The lot addresses are now shown on sheet 2. 15. The dates the monuments were visit is now on sheet 2. 16. The NGPE establishing per the approved wetlands report date April 4, 2007 see note on drawing on sheet 2. 17. The plat boundary now includes the portion to be deeded to the City and is the same line weight. Dimensions have been shown. 206 Railroad Ave. N. • Kent,Washington 98032 • Phone:253.813.1901 • Fax:253.813.1908 18. A space is provided for the recording number of the street dedication and the area is shown on sheet 2. 19. The scale of the project has been changed to a 1"= 60'. The drawing is now legible. 20. The adjacent owners are now shown in the drawing on sheet 2. 21. The revisions for the Deed of Dedication are complete and are attached as requested. The 42' Access easement has been replaced by a 20' pond access easement per the attached email from Darrell Offe,PE. A water easement has also been included for your review to cover the onsite waterline and future extension. 22. All circled items are now correct. Lot numbers have been added and addresses placed on sheet 2. If you have any questions or need assistance please give me a call. Sincerely, Centre Pointe Consultants, Inc.,P.S. Stephen Woods, P.L.S. Enclosures: 3 copies of revised final short plat 3 copies of revised deed of dedication 3 copies of revised 20' access easement with email 3 copies of water line easement Page 1 of 2 Roy From: Offe Engineers[darrell.offe@comcast.net] Sent Wednesday,June 18, 2008 1:35 PM To Roy Subject: 2275 Ribera short plat Roy. . (1) need to show the pond on an easement on lot 2 (2) remove 42' access easement south of the deed of dedication (3) ONLY.need 20' access easement to south line (on Lot 2)for access to the pond and control structure Let me know if you have any comments Darrell. Offe Engineers 13932 SE 159th Place Renton, Washington 98058-7832 Business: (425) 260-3412 Fax (425) 988-0292 Email: darrell.offe@comcast:net ----Original Message---- From: Offe Engineers To: Roy Sent: Tuesday,June 17, 2008 1:18 PM Subject: Re: 2275 Ribera short plat Ill fax over my comments Darrell Offe Engineers 13932 SE 159th Place Renton, Washington 98058-7832 Business: (425) 260-3412 Fax: (425) 988-0292 Email darrell.offe@comcast.net Original Message From: Roy To: Offe Engineers Sent: Thursday, June 05,,2008 11:12 AM Subject: 2275 Ribera short plat Hi Darrell, This drafting of the revised short is complete, please review and let me know if you have any comments. The one thing I am concern with is the new 42'.easement Is it intended to extend to the south line of the short plat, crossing the NGPE? 7/15/2008 Page 2 of 2 Thanks, Roy CENTRE� •x 4 1$.tn.f.5. Roy Snyder, P.L.S. 206 Railroad Ave N. Kent, WA 98032 253-813-1901 (Office) 253-813-1908 (Fax) 7/15/2008 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name: RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. Langley 4th Avenue Associates,LLC. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Parcel A, City of Renton Lot Line Adjustment No.LUA 99075LLA,recorded under Recording No. 19990623900005. Situate in the NW'A of Section 15,Township 23 north,Range 5 east,W.M.,in the City of Renton,King County,Washington. The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): Grantee(s): Langley 4th Avenue Associates,LLC., City of Renton Denis Law,Mayor Bonnie I.Walton,City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 road dedication2.DOC\dw Page 1 Revised 7-25-2006 Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 road dedication2.DOC\dw Page 2 Revised 7-25-2006 Project: RIBERA-BALKO SHORT PLAT Exhibit A WO# PID Legal Description GRANTOR: Langley 4th Avenue Associates,LLC Street: NE 4th Street and That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA,recorded under King County recording number 19990623900005. More particularly described as follows: Beginning at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09"East, along said south margin a distance of 348.51 feet to the Northeast corner of said Parcel A; thence South 00°47'46" West, along the east line of said Parcel A, a distance of 211.52 feet; thence North 89°12'14" West, a distance of 42.00 feet; thence North 00°47'46"East, a distance of 170.06 feet to the beginning of a curve tangent to said line;thence northerly,northwesterly and westerly a distance of 54.27 feet along the curve concave to the southwest,having a radius of 35.00 feet and a central angle of 88°50'55"; thence North 88°03'09" West tangent to said curve, a distance of 272.22 feet; thence North 00°54'12"East, a distance of 8.00 feet to Point of Beginning. All situate in Section 15,Township 23 North, Range 5 East of the Willamette Meridian, in the City of Renton,King County,Washington. /n-27-9 4 443 o a�a 'YQO� co a'fr .4 � <<#� s . 3B965 O L Oryq C I S n 0 �‘(' L i EXPIRES 2275 road dedication2.DOC\dw - Page 3 Revised 7-25-2006 . . . • EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON ADDITIONAL RIGHT OF WAY FOR NE 4TH STREET NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, TWP. 23N. , RNG. 5E. , N. M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE, FOUND 3" BRASS DISC WITH INCASED. PUNCH AT SURFACE 03/24/98. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) V S88 °03 ' 09"E 2585. 74 ' 110.4 A 323. 22 ' I — .— ��< N `r S88 °03 ' 09"E 348. 51 ' N88 °03 ' 09"W 272. 22 ' NW CORNER OF SOO °54 ' 12"W R=35. 00 ' • IL PARCEL A 8. 00 ' A=54. 27 'G POB 88 °50 ' S5"ADDITIONAL R/W w DEEDED TO CITYOF RENTONo N NCD roo l PARCEL A z w BLA LUA 99O75LLA AFN 19990623900005 h. v- N89 °12 ' 14"W / �Ai 4 2. 0 0 ` ►% o "Ir 0 z 0 100 200 ?- - r SCALE: 1" = 100' <('Q� F WAS .700 40 CENTRE _ d z , j ,r / L �, , / 38965 J•� f� J� �j' i Fr�T9F�ISTE � � r Consultants,Inc., P.S. �Nq I. L ANC 206 Railroad 3 813-901 mainort 53-13nt1908 fax8O32 1j,\\XPIRES .47 03/ C:21 1�N Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 UTILITY EASEMENT Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-_- Project Name:RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1.Langley 4`h Avenue Associates 1. City of Renton, a Municipal Corporation The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,an easement for public sanitary sewer with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described as follows: A portion of the following described property: Parcel A, City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No.19990623900005. See Exhibit"A"for easement description. 2275 Easement.doc\ Page 2 FORM 03 0008/bh For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining sanitary sewer utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the.easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of 20 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 Easement.doc\ Page 2 FORM 03 0008/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\Docs\DESCS\2275 Easement.doc\ Page 3 FORM 03 0008/bh/ • RIBERA-BALKO SHORT PLAT EASEMENT DESCRIPTION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005. Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along the south margin a distance of 348.51 feet to the Northeast corner of said Parcel A; thence South 00°47'46" West, along said Parcel A, a distance of 211.52 feet to the True Point of Beginning; thence continue South 00°47'46" West, a distance of 407.69 feet to the south line of said Parcel A; thence North 88°09'46" West along said south line of Parcel A, a distance of 42.01 feet; thence North 00°47'46" East, a distance of 406.93 feet; thence South 89°12'14" East, a distance of 42.00 feet to the Point of Beginning. Containing 0.3927 Acres, more or less. All situate in the City of Renton, County of King, State of Washington. Z t t0 sN 0847, r: 9-19-D� Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 15' WATERLINE EASEMENT Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name:RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1.Langley 4th Avenue Associates 1. City of Renton, a Municipal Corporation The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,an easement for public water lines with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described as follows: A portion of the following described property: Parcel A and B, City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No. 19990623900005. Situate in the NW 141 of Section 15, Township 23 north, Range 5 east, of the Willamette Meridian, in the City of Renton, King County, Washington. See Exhibit"A"for easement description. • • 2275 Water Easement.doc\ Page 1 FORM 03 0008/bh ` 1 For the purpose of constructing,reconstructing, installing,repairing,replacing,enlarging, operating and maintaining sanitary sewer utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of 20 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 Water Easement.doc\ Page 2 FORM 03 0008/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\Docs\DESCS\2275 Water Easement.doc\ Page 3 FORM 03 0008/bh/ Exhibit "A" RIBERA-BALKO SHORT PLAT 15' WATERLINE EASEMENT DESCRIPTION That portion of the following described property: Parcel A and B of City of Renton Lot Line Adjustment Number LUA 99075LLA,recorded under King County recording number 19990623900005, more particularly described as follows: Lying within a strip of land 15 feet in width,being 7.50 feet on each side of the following described line: Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along said south margin a distance of 337.58'; thence South 00°48'45" West, a distance of 211.74 feet to the True Point of Beginning; thence continuing South 00°48'45" West, a distance of 407.49 feet to the south line of said Parcel A; thence North 00°48'45" East, a distance of 140.73 feet; thence South 88°03'09" East, a distance of 309.07 feet to the terminus of said line. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. All situate in the NW quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in the City of Renton, King County, Washington. 2F4 WA`y (to 407,4,7 F 414,38965 � `�sro� rsL L N 50� 4 ����R�����1vZ3m*h1 EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 15' WATERLINE EASEMENT NORTHWEST CORNER SEC. 15, NORTH GUARTER CORNER SEC. 15, TWP. 23N., RNG. 5E.. W.M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE, FOUND 3" BRASS DISC WITH . (INCASED. PUNCH AT SURFACE 03/24/98. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) S88°03'09"E 2585.74' 323.22' I N� — — -r>ZQ a S88°03'09"E 337.58' NW CORNER OF ' PARCEL A & POB in. I vv N 03 • 7:1 O N O cn y True Point of Beginning I X BLA li PUC99075LLA Y�{ AB"'1g990623900005 m 14 pn 3 ?ABC9O50 91 005 Aii v KI B--p,09906239O ID Ln ,....103...._ co Q 0 ti � � 0 5127 ZZl y1 11 S88°03'09"E 309.07' m i L_ . I/I o '.i 029-e5 . Not to Scale Q' 'N WAS iv . CENTRE A/1. vtf i _ Mit z i �, o �! ,I •/ ssf F6'I S T 0`‹c Q S Consultants, Inc., P.S. ANAL L ANC 206 531 813-901 main ort 53-813n 1908 fax 'kw '11`\\"""""`7 7/ ,//I`,` Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20'DRAINAGE POND ACCESS EASEMENT Property Tax Parcel Number: 518210-0020-03 Project File#:LUA-02-129 Project Name:RIBERA-BALKO SHORT PLAT Reference Number(s)of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. Langley 4th Avenue Associates 1. City of Renton, a Municipal Corporation The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,an easement for access and public storm drainage with necessary appurtenances over,under,through,across and upon the following described property(the right-of- way)in King County,Washington,more particularly described as follows: A portion of the following described property: Parcel A, City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No.19990623900005. Situate in the NW 'A of Section 15, Township 23 north, Range 5 east, of the Willamette Meridian, in the City of Renton, King County, Washington. See Exhibit"A"for easement description. 2275 drainage pond accessEasement.doc\ Page 1 FORM 03 0008/bh For the purpose of constructing,reconstructing, installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors,administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day of 20 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 drainage pond accessEasement.doc\ Page 2 FORM 03 0008/bh IN WITNESS WHEREOF,I have hereunto set my hand the day and year as written below. INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) • My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING On this day of ,20 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\Docs\DESCS\2275 drainage pond accessEasement.doc\ Page 3 FORM 03 0008/bh/ Exhibit "A" RIBERA-BALKO SHORT PLAT DRAINAGE POND ACCESS EASEMENT DESCRIPTION That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA,recorded under King County recording number 19990623900005,more particularly described as follows: Commencing at the Northwest corner of said Parcel A, located on the south margin of Northeast 4th Street; thence South 88°03'09" East, along said south margin a distance of 348.51 feet to the Northeast corner of said Parcel A; thence South 00°47'46" West, along the east line of said Parcel A, a distance of 211.52 feet; thence South 89°12'14" East, a distance of 22.00 feet to the True Point of Beginning; thence continuing South 00°47'46" West, a distance of 342.27 feet; thence North 88°10'57" West, a distance of 20.00 feet; thence North 00°47'46" East, a distance of 341.92 feet; thence South 89°12'14" East, a distance of 20.00 feet to the True Point of Beginning. All situate in the NW quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in the City of Renton, King County, Washington. orfoAv Aso ►4 Sy (100 ti r iss//, l� • t, 3B965 p J� ss10„ CI 15 L ND �h\EXPIRES 5-,03 iio EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON 20' DRAINAGE POND ACCESS EASEMENT NORTHWEST CORNER SEC. 15, NORTH QUARTER CORNER SEC. 15, TWP. 23N., RNG. SE., W.M. TWP. 23N., RNG. 5E., W.M. FOUND BRASS PIN IN CONCRETE. FOUND 3" BRASS DISC WITH rINCASEO. PUNCH AT SURFACE 03/24/90. Southeast 128th Street (King Co.) Northeast 4th Street (Renton) S88'03'09"E 2585.74' 323.22' i — — -->e< N 1 Q S88'03'09"E 348.51' �I NW CORNER S ,I PARCEL A & POB Cu"I Al QI i.I 1 v O NI I N89112'14"W 42T.00', Ni 20.00 \" True Point `yYI 1 of Beginning I X \`1 I 0p1UA9970005 B A 9239 AFN996 \ I J ^NI OI I NI \,m 1 m KI 1*•0i10.---- ;„ .\\ii,7 6 QI PAACg9p75p 05 / Q I PA-A 99906239 Q 0 1 PO 11 p ���III Z Z I (NEW 20' WIDE ACCESS ESM'TJ I N I N88110'57'W 20.00J I—2 -Dg Not to Scale Q�o0WAs �o 4‹.1,, ,,jik. ,...,'C'o . CENTRE A / - ,, ,-, - • 4‘-'' ,qf . ' ,/ cc 4 p .,DI N T E % fio ��(5' 9 38965 �� " `slp F�I S T EP((' S�Q 206 Railroad Avenue North — Kent, WA9 �980�a�o EXPIRES AC L ANC 253-813-1901 main 253-813-1908 fax iq�����"���������� �����������„O , o� CITY , _, ;'F RENTON + ♦ Department of Community and Economic Development Denis Law,Mayor Alex Pietsch,Administrator September 30, 2008 Tom Foster Fourth avenue Associates, LLC 6450 Southcenter Blvd., Suite 106 Seattle, WA 98188 Subject: Changes to Final Wetland Mitigation Plan/Proposed Maintenance &Monitoring Ribera Balko Short Plat,File No. LUA 02-129 Dear Mr. Foster, Thank you for submitting the final wetland mitigation plan/monitoring proposal for Ribera Balko Short Plat. We have reviewed plan dated September 2, 2008 prepared by your wetlands consultant Shannon&Wilson, Inc. This letter is sent to advise you of the changes needed to obtain approval of your final wetland mitigation plan:. ' Changes needed to Final Wetland Mitigation/Monitoring.Plan: Mitigation Plan Text: Sheet 8 of 10's "Noxious and Nuisance Weeds" need to be amended to read"...If after the,first quarterly monitoring,event, hand control'methods are proving insufficient at controlling noxious and nuisance weeds, we.will request and the City must approve,the use of limited herbicide in the upland buffer only." Monitoring and Maintenance Surety Amount: In order to provide you with the amount of security necessary for the maintenance and monitoring of the Wetland mitigation plantings, signage, and fencing,we will need a copy of the signed maintenance and monitoring contract for this work. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well.::The contract should also ensure that "structures,:jmprovements, and mitigation perform;satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed:removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. Monitoring and Maintenance Period Start Date: Once the final wetland plan is approved, and the mitigation project has been installed,please provide me with the wetland consultant's written confirmation of installation pursuant to the final approved mitigation plan. If the mitigation project is/was not installed using the exact planting schedule approved, please submit the as-built plan for the mitigation project. The date the City receives this written confirmation will constitute the beginning of the 5-year maintenance and monitoring period." I ' 1055 South Grady Way-Renton,Washington 98057 RENTON AHEAD O F THE CURVE CO' This paper contains 50%recycled material,30%post consumer Wetland Information Needed on Final Plat Map: RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth Protection Easement. If you haven't already done so, please clearly identify Wetland A as a Native Growth Protection Area on the final Plat along with the wetland type and category(Category 3 Forested Wetland). Feel free to contact me at 425-430-7219 with any questions. Sincerely, • C4*,1401-01/6141 Ro le Timmons Associate Planner cc: Brooke Erickson, Shannon&Wilson,Inc. File#LUA02-129 (C4s..(V:11.‘Dr; CITE ',)F RENTON Department of Community and Economic-DevelopmentDenis Law,Mayor Alex Pietsch,Administrator September 17,2008 Tom Foster Langley 4th Avenue Associates 6450 Southcenter Blvd. Ste#106 Tukwila,WA 98188 . Subject: Bellamonte in the Highlands Lot Line Adjustment-Modification LUA07-080,LLA Dear Mr.Foster: This letter is sent in response to your request for a statement regarding the proposed modification to the Bellamonte in the Highlands Lot Line Adjustment(LUA07-080,.LLA). Based on - correspondence and communication:to date it appears the objective.of the lot line adjustment is to , create a circumstance to allow a small remnant of land; the,area between the west property line and the western edge of stream buffer on Parcel#5182100020;to:be adjoined to'the abutting . property to the west. I recommend that you submit.your Lot Lirie Adjustment.accordingly;depicting parcel numbers #5182100012, 5182100014 and 5182100011 combined with your adjacent remnant property to the east on Parcel#5182100020. This letter serves as confirmation that the City would approve such a proposal. I hope this letter meets your needs. Please feel free to contact Rocale Timinonsat.,(425)430-7219 with any further questions regarding this property. Sincerely, CC C.E. Vincent Planning Director cc: File No.LUA07-080 File No.LUA02-129 1055 South Grady Way-Renton;Washington 98057 RENTON �� AHEAD OF THE CURVE ..5 This paper contains 50%recycled material,30%post consumer p CITY 4�_._F RENTON .a Department of Community and • Economic Development Denis Law,Mayor • Alex Pietsch,Administrator -Nr c May 26,2008 Mr Thomas Foster Fourth Avenue Associates,LLC 6450 Southcenter Blvd, Suite 106 Seattle WA 98103 SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Dear Mr.Foster: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary. changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related documents. • SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Contact Arneta Henninger,Plan Reviewer, at 425-430-7298, for requirements to be completed on the civil construction portion to your project. 2. Note,the City of Renton land use action number and land record number, LUA-02-129-SHPL and LND-20-0331,respectively, on the short plat drawings,.preferably in the upper right hand corner • of both sheets. A second reference to said numbers,,noted'in an upper'center position on both , drawing sheets is not'needed—remove. NOTE: The type size used for the land record number should be smaller than that used for the land use action number. • 3. Revise the"DECLARATION"title to OWNER'S DECLARATION. • 4. Add the vested owner's name to the signature lines(under the"By"line). • 5. The "DECLARATION OF COVENANT" text should .be revised for a single owner ' (covenants and agrees). 6. The City of Renton Administrator who signs this short plat has a new title: City of Renton • Administrator,Department of Public Works. Note this change on the drawing sheet. 7. Separate the City of Renton approvals from the King County Approvals (add a line and spaces between them) 8. The indemnification block should be removed. Said block is more suited for long plats. • I:\P1anReview\COLSON1Shortplats 2008\Ribera-Balko SHPL 03L Change RequestStop.docMTN • 1055 South Grady Way.-Renton,Washington 98057_ R E 1V T O N AHEAD OF THE CURVE :.� This paper contains 50%recycled material,30%post consumer Page 2 May 27,2008 • 9. What datum are the coordinates (Renton Control Monuments)? (Epoch) COR is 1996. The differences between what is shown and COR published values could be explained by a lack of significant digits used in the conversion factor. 10. Note the date the monuments were visited and provide a description of what was found (Mon#1227). 11. Remove references to topo(Sheet 2 of 2). 12. Add a "REFERENCES" block for BLA (Rec. No. 19990623900005) and ROS (Rec. No. 8902099005)on.said Sheet 2 of 2. 13. The overall short plat boundary needs to include that portion to be dedicated to the City for street purposes, as said portion is still attached to the property until the City accepts it. 14. The lot addresses are as follows: Lot l is 4225 NE 4t Street and Lot.2 is 351 Whitman Ct NE. Said Whitman Ct NE is the city's name for the 42' wide joint access and utilities easement shown over Lot 2. See the attachment.. 15. Note the dates the monuments were visited,on Sheet 2 of 2, as well as Sheet 1 of 2. 16. How was the Native.Growth Protection Easement line established? It is noted on the BLA recorded in 1999,but has no description. See the attachment for the NGPE language to be noted on the short plat submittal , 17.. Make the outside boundary of the original lot all the same line weight,including the area to be dedicated. Include dimensions for the dedicated area'on the drawing. 18. Provide a space for the recording number of the street dedication, at the point where said• dedication is 8.' wide. Also,note the square footage of the dedicated area. 19. The short plat drawing is not as legible as it should be. It is suggested that the scale of the drawing be increased. 20. Note that the adjacent properties (three sides) are platted (give plat name and lot number, or note other subdivision action). Do not note tax account numbers. 21. See the attachments of the Deed of Dedication document, and the legal description of the easement document for circled items to be corrected. NOTE: The Mayor's name on Page.1 of said dedication document needs to be updated to Denis Law. The easement submittal should include all pages of said document-a map exhibit is essential. 22. See the attachments for circled items on the short plat submittal that need to be addressed. Page 3 May 27,2008 Should you need to discuss any portion of this letter please contact me at(425)430-7235. Sincerely, 040-1,—IA.A.-- 0.1A61/\ Carrie K. Olson Development Services,Plan Review FAXED TO: Roy Snyder, Centre Pointe: 253-813-1908 13 - Iizi± NA/ bi(Le" — Cc: Yellow File • NATIVE GROWTH PROTECTION EASE MENT The Native Growth.Protection Easement(NGPE) on this short plat identifies the required wetland buffer area for the wetlands on adjacent parcels. The creation of the Native Growth Protection Easement(NGPE) conveys to the public a beneficial interest in the land within the easement area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion,maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The Native Growth Protection Easement imposes upon all present and future owners and occupiers of the Easement area enforceable on behalf of the public by the City of Renton,to leave undisturbed all trees and other vegetation within the easement area. The vegetation within.the NGPE may not be cut,pruned, covered by fill,removed or damaged,without the expressed written permission from the City of Renton. The right of entry granted herein shall apply to the agents,representative and employees of the owners or subsequent owners of the underlying property. t . • MATE SEAL uF SA LU 4__w , It - THIS CERTIFICATE I c , r L.. TT • \ E — 0 L 1" = 1 4 mile Northwest corner Sec . 15, North quarter corner Sec. 15. Twp. 23N., Rng. 5E.. W.M. Twp. 23N., Rng. 5E.. W.M. Found. brass pin .in concrete, F.ound._3"_ brass disco _.r._�_. incased. City of Renton punch at surface. �� E Control Point no. 1503./,�Cl� L9c71O - �4 • . , G©� h$c:.-94.Y 3�o1 , 15 1 1 151��09 6 XiDli ,' ity of Renton - " Control Point p (1227) peoc f/ c ti d � 3A�• 0 Lampert Grid North Zone Coordinates from Not to Scale GPS observation. Based upon NGS control grid. -------- 706' — 7_60 '7' . RENTON CONTROL MONUMENTS: '4 CITY O Rgi RECEIVE ;E�ITTRL INDEX DMA NW-NW 15, T23N., R5E. , W.M.11 , ;RA BALK() SHORT PLAT L ' di777lA . OF THE NW 1/4 OF SECTION 15, TOWNSHIP 23 N., RANGE 5 E., W.M. TY OF RENTON, KING COUNTY, WASHINGTON iE iRDS :ED ' NORTHWEST CORNER SEC. 15. • TWP. 23N.. RNG. TN— W.M. FOUND BR SS PIN IN CONCRETE, Southeast 128th Street (Kin NORTH QUARTER CORNER SEC. 15. INCASED. p North t 4th Street Co)8 TWP. 23N.. RNG. 5E., W.M. 8' ADDITIONAL RAI ere Da,.o�, (Renton) 3 FOUND 3" BRASS DISC WITH f,, DEEDED TO CITY '�JJCC!! 2 L685 7 GpR.� PUNCH AT SURFACE. OVV `' S �� O— OF RENTON NEON/0 S88'03'09"E 2585.74' \1`1� • << y 323.22'/: 306.43' O — — — O. / g' 0 „to 34.00' 340.01' . �� 272.22' a in ,� .. :^ '� 30.00' 1616.08' tel • /1,Q :::74 73;: 197.49' 6.T V 1298.00' • :i-J 10' X 190' W o �, STORM ESM'T ::•:: , AFN 20000418000708 /e �,' JOINT ACCESS ESM'T v^ c`J ' AFN 20040309002194 I ii'•`:`4 ( n w /y TO BE REPLACED BY "c�� LOT JOINT ?O/i 4�T ACCESS AND W 42 UTILITIES :F;: ::•: :` <. 38482 Sq.Ft. m 7n RIGHT OF NAY DEEDED ` 3frir 0.88 Acres o�/'n c TO CITY OF RENTON :: : ' ::i:Y...:::::i,r, • Z o REC. ND XXXXXXXXXXXXXX i F:}:: :}'•::?:? •:' \\`:': .JOINT AC ESS ESN'T ••,. .;::. L21 :38.53' :, AFN 20040309002194 0 • ::.:: ';::;:j;.C0 LOT2 0 m ti• m m < • m m :i:::`:::'c`:?:,.$:::::. 107061Sq.Ft. \ N o :`t:•*:•::•F. ::•::. 2.46 Acres in m • .; :;`r;;`:.':::•;:.. ( \N TRACT B m m ` " � F-„Q BLA LUA 99075LLA a w :; :?'.;:.WTLAND':;l'r:: Zmn \- AFN 19990623900005 x (U :J mo,3 Q V n I 1 co cn 4 ':"�'�•'�•���• S88'03'09"E 298.00' W �� :TRACTA ;::::•:,i : .\ NEW 42' WIDE X103164 Sq.Ft :: i:::•i:•i.ci•:4:.0 �� 2.37 Acres::: :::.:::.;••.:::, UTILITIES ESM'T :':H' :.. 9 cis . r °R\' . .. s � Q 1 •�o :::: F:;:•:`.:::`:;.: 38 .5 i'.::? ::.:".::;.;`:.:'A:::.:. .40. ........ . . : ........... . ft'N88'09'46"W 647.65' Hoyt 6(-a6I.tihe,); • LOT ADDRESS: LOT P I xxx LOT 2 I x x)0 CENTRE200 ' r•!'pl*t NTE640640r �' z 911R Railroad Avenue North — Rent. WA •98032 _ .. 4J J. .a V vi V 4:1y V1 AJ. I V A POR iON OF THE NW 1/4 OF THE Nit i/4 OF SECTI CITY OF RENTON, KING COUI /PLAT NOTES: • •/ 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE / UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE MEASURING METER (GEODIMETER 600 AND REAL TIME KINEMATIC (Rix) / STATIC GLOBAL POSITIONING ( S STEM (GPS). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARDS OF WAC 332-130-090. 2) FULL RELIANCE FOR LEGAL DESCRIPTIONS AND RECORDED EASEMENTS HAVE BEEN PLACED ' ON THE TITLE REPORT FROM STEWART TITLE COMPANY COMMITMENT ORDER NORTHWEST CORNER SEC. 15, NO.208163103, DATED JANUARY 28, 2008. NO ADDITIONAL RESEARCH HAS BEEN TWP. 23N., RNG. 5E., W.M. 1 ATTEMPTED. • FOUND SWISS PIN IN CONCRETI ' /INCASED.12pi \\3) f�A CH'UR 200- PHESD Ov,... ig-nELi S� N Y Will 6DEEDED TO ADDITIONAL CIT 4)•�9E ...• ME SI SOWN IjERPQN.A MEASIIREG,EBPENIAGUC R TO P RTY. 1 323.22� OF RENTON _.. _ Sao , a 72,22 •'i:'•74 T3::: 197.49 ST DOCUMENTS OF RECORD.• AFN 2 ..::;:?cis co 1) A 15' EASEMENT IN FAVOR OF CITY OF RENTON FOR SANITARY •`'• y 38 SEWER. REC. NO.8509260881 AND 8609111674. '`,•�may`• • F 0. 2) A 10' EASEMENT IN FAVOR OF CITY OF RENTON FOR UTILITIES REC. NO.20000418000708. •.''•ir:::'•:i::::;;.- 1 3) AN EASEMENT IN FAVOR OF UNITED STATES POSTAL SERVICE FOR JOINT ACCESS. REC. NO.20040309002194. P•''• ''.'••:'••'•:-'"' 4) POSSIBLE SANITARY SEWER CONNECTION CHARGES, REC. NO 9606210966. (� WILL BE PAID PRIOR TO THE RECORDING OF THE SUBJECT SHORT PLAT, 5) RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY. ,y .::... :::::•::.:. REC. NOS. 5813072, 5823627 AND COURT CAUSE NO, 632233. '::'` :' ' 6) POSSIBLE MINERAL RIGHTS. REC. NO. 192430. w 7L4 • N 7) EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED. REC, NO.20060303000541. v :▪ ::::; 8) TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN oo LOT LOT ADJUSTMENT LUA 99075LLA, REC. NO. 19990623900005. 0 ▪ "• •:V.:I •':•..:: iFqfg 'is::?:•::: DESCRIPTION: : ' :. :'103164 Sq.Ft ":ii:i 'PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER :2.37 Acres•:.•:::ii : 'LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING :r:::•ii:iasi4 :•::•&i:•.:/..:•:::;:•i:•?:•::•'•i:• ' INUMG�,R J9990623900005'._•......--....,....._.-.......,..M._w.,..- :::::::::: • . •: ..................... 9 z 7005 _- I• 'AS'IS-.-O.F-- E ING:.•ti,.-._.-,.-- _-.._ :. NORTH SECTION LINE PER CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING . 'NUMBER 19990623900005. LOT AREAS: ,LOT 1 1 38482 SO. FT./ 0.88 ACRE MAP= LOT ADDRESS: , ;,fir, LOT 2 1 107061 SO. FT./ 2.46 ACRE LOT 1 I -TRACLA''T 103164 S0. FT./ 2.37 A \Cs LOT 2 1 X XX fVERALL I .31 - FT./ A2�IE . "IT1A �i ,� r LEGEND: 0 100 200 Q` - ` h 10 - MONUMENT FOUND AS NOTED. VISIT MARCH 24, 1.--' MM. / � SCALE. :, v ,• = SET 84 REBAR WITH YELLOW PLASTIC CAP STAMPED , p/� (\ : 1 • 0 .��v • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF-DEDICATION Property Tax Parcel Number: 518210-0020-03 Project Fiic#:LUA-92- le c j Project Name: RIBERA-BALKO SHORT PLAT Reference Number(`s)'o€-Documetifs assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. Langley 4th Avenue Associates,LLC. 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A portion of the following described property: Parcel A,City of Renton Lot Line Adjustment No.LUA 99075LLA,recorded under Recording No. 19990623900005.� 1 �l 'd -4vf F^T it' waeefi4..,+ 1 I )TO v.fi".'f :1`}"?�...'o5e.l'^Lr) tiNL-r o , .? Situated in1he City of Renton,King County, Washington.f The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Annroved and Accented By: Grantor(s): Grantee(s): Langley 4th Avenue Associates,LLC., City of Renton -termer;£Mayor "'ben i 5 ta3 Bonnie I. Walton,City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON ) SS ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 2275 road dedication2.DOC\dw Page 1 Revised 7-25-2006 Project: RIBERA-BALKO SHORT PLAT Exhibit A WO# PID Legal Description GRANTOR: Langley 4`h Avenue Associates,LLC Street: NE 4`h Street and That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005. More particularly described as follows: Beginning at the Northwest corner of said ParctA, located on the south margin of Northeast 4th Street;thence South 88°03'09" East, along south margin a distance of 348,51 feet to the Northeast corner of said Parcel A;thence South 00°47'46" West, al g spa T'arcel a distance of 211.52 feet;thence North 89°12'14" West,a distance of 42.00 feet; thence North 00°47'46" East,a distance of 170.06 feet to the beginning of a curve tangent to said line; thence northerly, northwesterly and westerly a distance of 54.27 feet along the curve concave to the southwest, having a radius of 35.00 feet and a central angle of 88°50'55"; thence North 88°03'09" West tangent to said curve, a distance of 272.22 feet; thence North 00°54'12" East, a distance of 8.00 feet to Point of Beginning. All situate in Section 15, Township 23 North,Range 5 East of the Willamette Meridian) \n{ 2275 road dedication2.DOC\dw Page 3 Revised 7-25-2006 JI` , i EXHIBIT "B" A PORTION OF THE NW 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 N. RANGE 5 E., W.M.,in s F.-141 j : "'• - -{- •tip--; , ADDITIONAL RIGHT OF WAY 1,4 ir;C'f ;,'.,'F F `%(_f ) l,(.)4.Jh r;;:�?="'z FOR NE 4TH STREET -� 1 NORTHWEST CORNER SEC. 15 TWP. 23N. , RNG. 5E. , W. M. . FOUND BRASS PIN IN CONCRETE, INCASED. Southeast 128th Street (King Co.) `7 Northeast 4th Street (Renton) �Q� S88 °03 ' 09"E 2585. 74 ' L� 323. 22' i — — cvi 306. 43 ' V v. S88 °03 '09"E 348. 51 ' : -----i7:7;1> N88 °03 '09 ❖:❖•❖•• 272. 22 ' .•,❖.❖.•.1 NE CORNER OF SOO54 ' 12"W R OO=35. ' �• :ALB 80 r � ;; ;-A _ __ _ & POB i A 88 °50 ' 55" ► •141R, li w ' .C ADDITIONAL R/W- OEEDED TO CITY �;:; �� OF RENTON - N '�.O•4 Q • .X.J ;4.r cv 1 ��•1A _ i R .V s. 0 O ti �`••••� o i o0 O `•�O�i Z m PARCEL A z .••....-,�:` BLA LUA 99075LLA •,•,•••••,*- �" AFN 19990623900005 ,: cli v N89 °12' 14"W 3/e/4 42. 00 ' �.� 'I • z � S N �� ;: ,q, of w. ,: Y. . i Y. , is t 1,', 0 ,: z :� ` � Q :V Vi O ;� :� '!� 20847 �� : Sj 9FSISTEP� c v�AC LAND :: 44 �� EXPIRES: / / •081� Ss.??>???N,>��.Ns—x iiii/.iiiJ7-1 CENTRE A ;i p �� LANGLEY 4TH AVENUE �' ��! ASSOCIATES, LLC. v + 6450 SOUTHCENTER BLVD / Consultants, Inc., P.S. TUKWILA, WA 98188 206 Railroad Avenue North - Kent, WA 98032 DRAWN: RS SCALE: 1"=100' 253-813-1901 main 253-813-1908 fax DATE: 03/13/08 JOB NO: 2275 ' • Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 UTILITY EASEM INT---..� Property Tax Parcel Number: 518210-0020-03 Project File#:�A g��e 1 Project Name:RIBERA-BALKO SHORT PLAT Reference Number(s) of Documents assigned or released: Additional reference numbers are on page ,Grantor(s): Grantee(s): _ 1. Langley 4h Avenue Associates 1. City of Renton, a Municipal Corporation • The Grantor(s),as named above,for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrant unto the above named Grantee,its successors and assigns,an easement for public sanitary sewer with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described as follows: A portion of the following described property: Parcel A, City of Renton Lot Line Adjustment No.LUA 99075LLA, recorded under Recording No.19990623900005. See Exhibit"A"for easement description. 5 i-+-cic t:..' ;s, The L V�.f 114 of ; 4 'e !5 , o�-t..,n ,h tw.� c.� � W H !r' The u t {,"'i l v 4 :t ti • - 'f'tJ • 2275 Easement.docl Page 2 FORM 03 0008/bh Y/Fy I RIBERA-BALKO SHORT PLAT F EASEMENT DESCRIPTION • That portion of the following described property: Parcel A of City of Renton Lot Line Adjustment Number LUA 99075LLA, recorded under King County recording number 19990623900005, more, pczf'� i GIt.�G2! l dec r"i b r v -�C�1 i ok,L) ' Commencing the Northwest corner of said Parcel A, located on the,south margin of Northeast 4th Street; thence South 88°03'09" East, along 'south margin a distance of 3488511 feet�o he Northeast corner of said Parcel A; thence South 00°47'46" West, a o ghsa c�ar eTA, a distance of 211.52 feet to the True Point of Beginning; thence continue South 00°47'46" West, a distance of 407.69 feet to the south line of said Parcel A; thence North 88°09'46" West along said south line of Parcel A, a distance of 42.01 feet; thence North 00°47'46" East, a distance of 406.93 feet; thence South 89°12'14" East, a distance of 42.00 feet to the Point of Beginning. Containing 0.3927 Acres, more or less. ° ' • ' - 4. Ie k `v*F�ki " -,i4'�m.7i 6 t Towns h p G 5 -o r ! f-'Kt 4 f' e) , s 1 All situate inAthe City of Renton, County of King, State of Washington. tat) A .J. I A t ' .' 'IJ. '847 .14441.4010 /"",17, 7#, �t� 314.51 =. •, N I c 34,00' P I o ----.1, /, I 298.00' ___ ,i•:;.'".r"L-. .--Pi. - ' /1.L� itilgtot, .., S T PEOARlSN2 CAP 3 � 7.‘:::iir ..... 97/ \ \ 5844, Sq. Ft. w 1.34 acres L b < 0 l ' ve 2/60,a2_43 _ . - N \ o i g '\ \ E) n �1i.r-1 A ' '�a i rlI\\...,L_L /". P \ N8.4' .. 1,7 a..-o.a �q, � ' \ 1n•c� \ N o SBgv3•09"E ' w \ \ 1 \ \ ' " = m \ \ LNAND m \ \ BUFFER o C w 1 EDGE OF \ OO' m n Co WETLAND \ , P w • tO I X P ' h • 15' SEWER EASEMENT P o m REC. N0.8509260881/ o z ` 8609111674�_� z I P 1 `A a S EAST LINE OF THE WEST 1/2 \ OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE 1 NORTHWEST 1/4 OF SECTION \ / / .i 4�634 acres Ft. 15 ` / \ I j I • ` \ \ • \ \ \ S8B'03'09"E 298.00" \\ \ • \ \ \ \ \ \ \ \ \ 0 0 60 co \ \� \\ I \ l \ DLSA22338' \� \ \� ; SCALE. • \ \ • \ / r REBAR AND CAP 1 O ...... i STAMPED "LS 22338" _ S88'09'46"E'647.65' OUTH LINE OF THE NORTH 1/2 a 14 it ^ CITY OF RENTON PUBLIC WORKS MEMORANDUM DATE: May 21,2008 TO: Carrie Olson • FROM: Sonja J.Fesser ,s4 SUBJECT: Ribera-Balko Short Plat,LUA-02-129-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number,LUA-02-129-SHPL and LND-20-0331,respectively, on the short plat drawings,preferably in the upper right hand corner of both sheets. A second reference to said numbers,noted in an upper center position on both drawing sheets is not needed—remove. NOTE: The type size used for the land record number should be smaller than that used for the land use action number. Revise the"DECLARATION"title to OWNER'S DECLARATION. Add the vested owner's name to the signature lines (under the"By"line). The"DECLARATION OF COVENANT"text should be revised for a single owner (covenants and agrees). The City of Renton Administrator who signs this short plat has a new title: City of Renton Administrator,Department of Public Works. Note this change on the drawing sheet. Separate the City of Renton approvals from the King County Approvals'(add a line and spaces between them) The indemnification block should be removed. Said block is more suited for long plats. What datum are the coordinates(Renton Control Monuments)? (Epoch)COR is 1996. The differences between what is shown and COR published values could be explained by a lack of significant digits used in the conversion factor. \ll:Wile Sys'LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV08Q521.doe _ '7;41 /4-eis 11 2-6 ° a7D 6"C+WL-- Ceig PL° 2 oc, )---VK 672. May 23, 2008 Page 2 Note the date the monuments were visited and provide a description of what was found (Mon#1227). Remove references to topo (Sheet 2 of 2). Add a"REFERENCES"block for BLA(Rec. No. 19990623900005) and ROS (Rec. No. 8902099005) on said Sheet 2 of 2. The overall short plat boundary needs to include that portion to be dedicated to the City for street purposes, as said portion is still attached to the property until the City accepts it. The lot addresses are as follows: Lot 1 is 4225 NE 4th Street and Lot 2 is 351 Whitman Ct NE. Said Whitman Ct NE is the city's name for the 42' wide joint access and utilities easement shown over Lot 2. See the attachment. Note the dates the monuments were visited on Sheet 2 of 2, as well as Sheet 1 of 2. How was the Native Growth Protection Easement line established? It is noted on the BLA recorded in 1999, but has no description. See the attachment for the NGPE language to be noted on the short plat submittal. Make the outside boundary of the original lot all the same line weight, including the area to be dedicated. Include dimensions for the dedicated area on the drawing. Provide a space for the recording number of the street dedication, at the point where said dedication is 8' wide. The short plat drawing is not as legible as it should be. It is suggested that the scale of the drawing be increased. Note that the adjacent properties (three sides)are platted (give plat name and lot number, or note other subdivision action). Do not note tax account numbers. See the attachments of the Deed of Dedication document, and the legal description of the easement document for circled items to be corrected. NOTE: The Mayor's name on Page 1 of said dedication document needs to be updated to Denis Law. The easement submittal should include all pages of said document-a map exhibit is essential. See the attachments for circled items on the short plat submittal that need to be addressed. H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV080521.doc\cor 11111, CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: AprV, 2008 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status • Consent X Subject: Public Hearing.. Acceptance of additional right-of-way to comply with CorrespOndMRPNCT 7_N C E City of Renton code for new short plats and the Ordinane'e?':4;'' -- • z',1.:14iIIINME,Ribera-Balko Short Plat(LUA02-129) Resoluti tNITIAUDATEOn,,,,aikkke. 44,d6 Old Bu§iU es4e6V-'126-Q,f4 • Ira n 4 V7 Exhibits: New Busine „ . Deed of Dedication Study Sessiain ‘` Exhibit Map Vicinity Map Information Administrative Short Plat Report and Decision Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated is approximately 11,604.50 sq. ft., required street improvement along the south side of NE 4th St., then south along the east side of Lot 1, 225 feet. This dedication is to comply with City of Renton code for new short plats and the Ribera-Balko Short Plat(LUA02- 129). Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. I:\PlanReview\COLSON\Shortplats 2008\Ribera-BalkoSHIE 02m AGNBILL.doc napter i i i-ou w tiu. Laureen Nicolay- Re: Fwd: Changes to the Ribera Review max., From: Laureen Nicolay To: Johnson, Per Date: 03/31/2008 5:37 PM Subject: Re: Fwd: Changes to the Ribera Review CC: Henning,Jennifer; Henninger,Arneta; Watts, Neil Sorry for our delay in responding to your question Per. In Jennifer Henning's absence, I checked with Development Services Director Neil Watts who determined that the enhanced area will be subject to our 5-year maintenance and monitoring requirements along with the rest of your wetland mitigation proposal. In Andrea's absence, please feel free to contact me about the steps necessary to wrap up the wetlands issues (e.g. maintenance &monitoring contracts/surety devices etc.) so the plat can be recorded. Thank you, Laureen Laureen Nicolay, Senior Planner City of Renton Development Services 1055 South Grady Way Renton WA 98057 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolay@ci.renton.wa.us >>> "Per Johnson" <PCJ@shanwil.com> 03/31/08 10:04 AM >>> Laureen, Attached is an e-mail correspondence I have had with Andrea Petzel and my e-mail to Jennifer Henning. I would like to get some clarification on this as soon as I can, since this has been dragging on. Thanks Per Johnson Biologist, CESCL Shannon &Wilson, Inc. 400 North 34th Street, Suite 100 PO Box 300303 Seattle, Washington 98103 206-695-6699 (Direct) 206-437-1349 (Cell) 206-695-6777 (Fax) Excellence, Innovation, Service, and Value Since 1954 >>> Per Johnson 3/31/2008 9:56 AM >>> Jennifer, I am forwarding you an e-mail correspondence chain between Andrea Petzel and myself regarding the Ribera Balko short plat. It is my understanding that Ms. Petzel is no longer with the City as of March 26th. The e-mail chain should be clear, but I am still seeking clarification that our client (Tom Foster) will not be held to success criteria and completing performance monitoring for the 'enhance' buffer portion of the approved mitigation plan. As I discuss in the report(March 27, 2007) and subsequent letter requesting revisions to the success criteria (January 15, 2008), no performance monitoring or success criteria has ever been proposed for the 'enhanced' buffer since we were proposing buffer mitigation that was well in excess of what the code required. According to Otak's March 14th 2008 review memorandum of our January 15, 2008 letter, Ms. Stephanie Smith states on Page 3 that 12/06/00 ► chapter I /.i-to WAL "Performance standards must also be included for the stormpond and the"enhanced"buffer area." Ms. Petzel has since clarified that the stormwater pond will be considered part of the landscaping and therefore held to those requirements. Additionally, performance monitoring will not be necessary for the stormwater pond since this was only completed at Ms. Petzel's insistence. However, we still contend that no performance monitoring should be required for the'enhanced' buffer. The'enhanced' buffer was only intended to be inter-planting within blackberry to speed up the shading and succession process and done out of good will. It was only at the insistence of Ms. Petzel during our pre-construction meeting that blackberries be removed from essentially all of the on-site buffer, despite this not being proposed within our approved mitigation plan, that we had to revise the success criteria for the entire site. While the client was happy to do it to resolve the mis-communication, this created unforseen and foreseen issues to the approved mitigation plan that Ms. Petzel made us formally request revisions to within the January 15, 2008 letter. While this series of events has occurred at a significant expense to our client for seemingly continuous revisions, our client has been flexible to the City's changing requirements. As I mention below, the only reason I'm too concerned about this is due to my experience with the City of Renton and the City's strict interpretation of five consecutive years of success. We would like to provide some resolution to these issues so the client so it is formally known what is expected of the approved mitigation plan and what isn't in the event that there is some unanticipated mortality within the'enhanced' buffer. We do not want Mr. Foster's performance bond to be held to something that was only provided out of good will and is excess of the code requirements. Thank you for helping clarify this question for me. Per Johnson Biologist, CESCL Shannon &Wilson, Inc. 400 North 34th Street, Suite 100 PO Box 300303 Seattle, Washington 98103 206-695-6699 (Direct) 206-437-1349 (Cell) 206-695-6777 (Fax) Excellence, Innovation, Service, and Value Since 1954 >> Per Johnson 3/31/2008 9:17 AM >>> Andrea, Just following up to check on the status of the 'enhanced' buffer for the Ribera Balko site question. To remind you of the question, we contend that performance monitoring specifically for the 'enhance' buffer is excessive since the 'restored' buffer and 'replaced' buffer does propose performance monitoring with success criteria and exceeds the required mitigation ratios for impacts to a Category I scrub-shrub wetland under the new code (see below for more detail). Additionally, it has never been proposed and was previously approved in our original mitigation report. I again am sorry to continue hassling you with this question, but I want to make sure that the client's performance monitoring bond isn't tied to the success of the'enhanced' buffer. While it will receive maintenance for aesthetics, this additional buffer enhancement was only intended to be out of good will and not subject to the City's strict interpretation of five consecutive years of success. • Please call me with any questions. Thanks again. Per Johnson Biologist, CESCL Shannon &Wilson, Inc. 12/06/00 Lnapter 1 /S-OU WAL 400 North 34th Street, Suite 100 PO Box 300303 Seattle, Washington 98103 206-695-6699 (Direct) 206-437-1349 (Cell) 206-695-6777 (Fax) Excellence, Innovation, Service, and Value Since 1954 >>> "Andrea Petzel" <APetzel@ci.renton.wa.us> 3/18/2008 5:41 PM >>> Stormwater plantings will be considered part of the landscaping obligations, and as such must survive or be replaced. I'll:get back to you on the rest of the informatin, but I'm going to need you to sit tight for a day or two. Thanks for understanding. Andrea >>> "Per Johnson" <PO@shanwil.com> 03/18/08 5:38 PM >>> Andrea, Thank you for addressing the stormwater plantings. There is still some confusion on my end regarding the 'enhanced' buffer area. As mentioned in my earlier email, we had not proposed any performance monitoring requirements or success criteria for this area either. We still do not believe that this is necessary since it was above and beyond the requirements of the code. It was always our intent to interplant within the blackberries with Douglas fir, which would over time shade out the blackberries. We ended up grading out all of the blackberries throughout the buffer to satisfy your request during our pre-construction meeting. This additional grading and hog-fuel all came at an additional expense to the client. We still want to make sure though that there is an understood difference between the 'enhanced' buffer and the 'restored' and 'replaced' buffer areas. Again, I'm sorry to harp on this point; however, I don't want my client to have his 5-year performance monitoring clock restarted at Year 4 due to some die off within the stormwater pond or'enhanced' buffer. If, however, the site does not meet the required success criteria for the restored buffer or replaced buffer, then we fully support the City doing everything it needs to,make sure the project is a success in these areas. Additionally, can you please provide me the code that would relate to the stormwater planting survival. While I do not anticipate the plants to die, I am not aware of any code regarding the survival rate of landscaping within a stormwater pond. However, I am familiar with that code pertaining to the infestation of plants listed on the County noxious weed list. In regards the revised report you requested in your email, do you need 12 copies? Just out of curiosity, is there any way to reduce the paper demand? Thank you and sorry to keep bothering you. Per Johnson Biologist, CESCL Shannon &Wilson, Inc. 400 North 34th Street, Suite 100 PO Box 300303 Seattle, Washington 98103 206-695-6699 (Direct) 206-437-1349 (Cell) 206-695-6777 (Fax) Excellence, Innovation, Service, and Value 12/06/00 r - Chapter 173-60 WAC • • i, Since 1954 >>> "Andrea Petzel" <APetzel@ci.renton.wa.us> 3/18/2008 5:21 PM >>> Per, There doesn't need to be a performance standard for the stormwater plantings. But be advised that they will need to be maintained, and if they are not surviving, or the area becomes dominated by invasive species, the dveloper will be issued an order to correct by a code compliance inspector. I look forward to reading your revised report. Andrea >>> "Per Johnson" <PCJ@shanwil.com> 03/17/08 9:31 AM >>> Andrea, Thanks for sending this over. In general, the recommendations and requirements specified in the memo from Stephanie Smith (Otak) seem very reasonable. I have summarized the requirements relating to the plant material and plant installation to Tom Foster so he can begin the process of getting those plants in the ground and meet the City's deadline for finalizing his plat. However, I do have an issue with one aspect of this memo. This mitigation plan has been prepared to address 5,912 square feet of temporary buffer impacts to create the required stormwater pond. To mitigate for this, the mitigation plan proposed to restore the impacted buffer(5,912 square feet), provide an additional 5,912 square feet of buffer, and enhance 16,012 square feet of buffer. This equates to a 2:1 mitigation ratio for temporary buffer impacts between the restoring the Impacted and Replaced buffer areas, plus an additional 2.7:1 mitigation ratio of Enhanced Buffer. This is more than what is required for impacts to Category I scrub shrub wetlands under the new code. This mitigation plan was developed to provide more than what should be sufficient given that the project is vested under the o/d code and has no permanent impacts to wetlands or buffers. For this reason, we did not offer performance monitoring of the Enhanced Buffer or Stormwater Pond in the original (approved) mitigation plan (3-27-08) or within the Revised Performance Monitoring and Success Criteria letter(1-15-08). In fact, the planting plan for the stormwater pond was only submitted at your request and it was never intended to be subject to the performance monitoring or success criteria requirements in the mitigation plan. Therefore, I do not think it is appropriate for any performance monitoring or success criteria to be associated with the plantings in the Enhanced Buffer or Stormwater Pond. Due to the City's requirement of 5 consecutive years of successfully achieving performance monitoring requirements and my experience with the City's interpretation of this, there is no incentive for our client to do anything more than what is absolutely necessary per the code since any failure (even temporary or unforseen) can restart his 5-year performance monitoring requirement. Therefore, we dispute Paragraph 3 of Item 4 and those details in Item 6 that pertain to plant material requirements and performance monitoring requirements for the Stormwater Pond. Hopefully, we (you, Stephanie Smith, Jennifer Henning, and I) can resolve this quickly so as we can make any and all revisions to the report as you've requested. Please let me know if you have any questions. Thanks Per Johnson Biologist, CESCL Shannon &Wilson, Inc. 400 North 34th Street, Suite 100 PO Box 300303 Seattle, Washington 98103 206-695-6699 (Direct) 206-437-1349 (Cell) 206-695-6777 (Fax) • 12/06/00 unapter i i.s-du wH� /" Excellence, Innovation, Service, and Value Since 1954 >>> "Andrea Petzel" <APetzel@ci.renton.wa.us> 3/14/2008 4:21 PM >>> Per, I'm forwarding you the review comments from Otak. Please revise your report as necessary and make adjustments to plantings and performance standards. I'll need two copies of a revised report, or other acknowledgment that you've received the secondary review and made the changes. Let me know if you have any questions. Andrea 12/06/00 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM • DATE: March 26 2008 TO: Arneta Henninger,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review(�,c/ SUBJECT: RIBERA-BALKO SHORT PLAT LUA02-129-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed. Thanks. Attachment included: • Letter of Compliance, Density Worksheet, Lot Closures, Deed of Dedication, Utility Easement, CC&R's,Title Report, Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accepted Related NA �[ Proiect#s Comments As-Builts Cost Data Inventory Bill of Sale Easements Utility Easement (Water,Sewer,Utilities, Hydrant,etc.) Deed of Dedication Square Footage: 11,604 s.f. Restrictive Covenants Maintenance Bond Release Permit Bond Comments : _ -1, tok- Gt.( ,h Gov'=� i� ,.t Z3 1-'G/ ,`°44 Approval: C��t�;t ,Date: Kayren Kittrick Arneta Henninger Cc: Yellow File /11'1'1-r-11.'r i t - CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 26,2008 TO: Bob Mac Onie,Technical Services Sonja Fesser,Technical Services FROM: Carrie Olson,Plan Review x7235 SUBJECT: RIBERA-BALKO SHORT PLAT LUAO2-129-SHPL AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Lot Closures • Deed of Dedication • Utility Easement • CC&R's • Title Report • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: \ , Date: Robert T Mac Onie,Jr. Sonja Fesser Cc:Yellow File I:\PlanReview\COISON\Shortplats 2008\Ribera-Balko SHPL Olm PR-TS ReviewStart.doc / | /- . / � | � .� ' / . � � | / . | ' |/ | | / � / i ^-- _- _-__ ' _____'-__ '-' ___-_ �6�*�. ' � � '"_' - , ' ~^ ! ' / .l | ==�j`�^^' v - . ------� U --~^ , � . �^ � / . ' � || yuu'\ c�� ./^�~'~--� / / . | ���. ' . -^ ` |( ' � | / / - ''-- _-_-_-_ � . � /� | !| � � | � . | . | | � | | � � / � | '/ | | � | � . �� | | ,. c 18000 International Blvd.South,Suite 510 • y� � SeaTac, WA 98188 � �� "�■ 206-770-8700 ♦ 888-896-1443 merolaf division "Tw E-Fax Number. 206-770.6579 Title Officer: Robert B.Jackson Phone: (206)770-8880 E-mafl» rjackson@stewart.com Fax: 206-802-9344 Title Officer. Don Peters Phone: (206)770-8858 E-mait dpeters©t:stewartcorn Fax: 206-802-9344 Reference: LANGLEY 4TH AVENUE ASSOCIATES,LLC Order Number: 208163103 SCHEDULE A 1. Effective Date: January 28,2008 at 8:00 a.m. 2. Policy Or Policies To Be Issued: ALTA OWNER'S POLICY, (10/17/92) Amount: • ( ) STANDARD ( )EXTENDED Premium: Tax: Total: $ 0.00 (X)ALTA EXTENDED LOAN POLICY, (6/17/05) Amount TO BE DETERMINED COMMERCIAL REORGANIZATION RATE Premium: Tax: Total: $ 0.00 Proposed Insured: SEATTLE MORTGAGE COMPANY, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE ESTATE 4, Title to said estate or interest in said land is at the effective date hereof vested in: LANGLEY 4TH AVENUE ASSOCIATES, LLC,A WASHINGTON LIMITED LIABILITY COMPANY • 5. The land referred to in this commitment is described as follows: See Attached Legal Description File No.: 2ACom 0043CG ALTA Commitment(t3/17lOB)—Schedule Si Page I of 118103103 title 9uararttycompany 6'd 36Z0-996-9Z17 saaeul6u3 a}}O d100i. 90 90 JeW • Purported Address; 4225 4TH AVENUE NORTHEAST RENTON,WA 98055 • • • • No. LTA Coma f ste a 0043CG ALTA Commitment(til17/06)—Schedule 6 I rt Page 2 of 11 -title guaranty company Z'd Z6Z0-886-93t saeaui6u3 ego dZ0:06 80 90 aeW • Exhibit A LEGAL DESCRIPTION File Number:208183103 PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA 99075LLA, RECORDED UNDER KING COUNTY RECORDING NUMBER 19990623900005. • • Fite No.: 2963103 � wart t 3CG ALTA Commitment(9f17106)—Schedule B I Page 3 of 11 title guaranty company 1 s;'d 36Z0-996-9Z17 sJeeui6u9 aj40 dZ0:0i 90 90 J iN COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. • B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii)water rights, claims or title to water;whether or not the matters described (i), (ii)&(iii)are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps,boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown • by the public records. (4) Any lien, or right to a lien,for services,labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water,electricity or other utilities,or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters,if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities,to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes,bays, ocean or guff, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government,or riparian rights,if any. File No. 2 081 631 63 r-tewart MAWS ALTA Commitment(6/1 7/06)—Schedule B I Page 4 of 11 title guaranty company ti'd Z6Z0-886-9Zt sJeeul6ua eiio dZ0:01. 80 90 JON COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item(a) Payment to or far the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record Note: Effective January 1, 1997,and pursuant to amendment of Washington stale statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder_ Format: Margins to be 3"on top of first page, t" on sides and bottom, 1"on top,sides and bottom of each succeeding page. 1 Font size of 8 points or larger and paper size of no more than 8 34"by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: Title or titles of document, if assignment or reconveyance reference to auditor's file number or subject deed of trust. Names of grantor(s)and grantee(s)with reference to additional names on following • page(s), if any. Abbreviated legal description (lot,block, plat name or section, township,range and quarter quarter section for unplatted). Assessor's tax parcel number(s) Return address which may appear in the upper left hand 3"top margin SPECIAL EXCEPTIONS FOLLOW No.:File S3143 QD4Egtev a i o0A3CGAL7A Cammftrnent(6117l06)-Schedule 8 l Page 5 of 1 #He guaranty company 9•d 3630-886-9317 sjeeul6u3 ego dZ0:06 80 90 Jew COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS I. DELINQUENT GENERAL TAXES. YEAR: 2006 AMOUNT BILLED: $11,061.24 AMOUNT PAID: $-0- AMOUNT DUE: $11,061.24,PLUS INTEREST AND PENALTY LEVY CODE: 21000 TAX ACCOUNT NO.: 518210-0020-03 2. DELINQUENT GENERAL TAXES. YEAR 2007 AMOUNT BILLED: $11,402.58 AMOUNT PAID: $-0- AMOUNT DUE: $11,402.58, PLUS INTEREST AND PENALTY LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0D20-03 3. GENERAL TAXES, WHICH AMOUNT CANNOT BE PAID UNTIL FEBRUARY 15, 2008. YEAR: 2008 AMOUNT: $11,465.41 LEVY CODE: 2100 TAX ACCOUNT NO.: 518210-0020-03 ASSESSED VALUATION: LAND: $1,171,300.00 IMPROVEMENTS: $-0- NOTE: KING COUNTY TREASURER, 500 4-4'AVENUE,ell FLOOR ADMIN.BLDG., SEATTLE, WA 98104 (206)296-7300 WEB ADDRESS: http:llwebapp.metrokc.gov/KCTaxinfol. 4. CLAIM/NOTICE OF LIEN: CLAIMANT: CITY OF RENTON AGAINST: RIBERA BALKO ENTERPRISES AMOUNT: $641.05, PLUS COSTS AND INTEREST FOR UNPAID UTITLITIES CHARGES RECORDED: NOVEMBER 7, 2007 RECORDING NO.: 20071107001509 File004 No.Cc AL 2 A Com r ___r, 0043CC ALTA Commune rt:(6I17106)—Schedule B I �a+�+�"'F+ Page 6 of 11 title guaranty company • 9.d Z6Z0-986-9Zi7 sieeul0u3 ego dZ0:01. 90 90 JEN • • 5. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP,OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER • FACILITIES OF THE CITY OF RENTON AS DISCLOSED BY INSTRUMENT • RECORDED UNDER RECORDING NUMBER 9606210966. 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANGLEY 4TH AVENUE ASSOCIATES, LLC, A • WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: SEATTLE MORTGAGE COMPANY AMOUNT: $1,246,535.00 DATED: SEPTEMBER 24,2004 RECORDED: SEPTEMBER 26,2004 RECORDING NO.: 20040928002302 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: MARCH 3,2006 RECORDING NO.: 20060303000541 7. UNRECORDED LEASEHOLDS AND RIGHTS OF TENANTS, IF ANY. 8. EVIDENCE OF THE AUTHORITY OF THE INDIVIDUAL(S)TO EXECUTE THE FORTHCOMING DOCUMENT FOR LANGLEY 4TH AVENUE ASSOCIATES, LLC,A WASHINGTON LIMITED LIABILITY COMPANY, COPIES OF THE CURRENT OPERATING AGREEMENT SHOULD BE SUBMITTED PRIOR TO CLOSING. 9. RESERVATIONS AND EXCEPTIONS, INCLUDING THE TERMS AND CONDITIONS THEREOF: RESERVING: MINERALS RESERVED BY: NORTHERN PACIFIC RAILWAY COMPANY RECORDED: JUNE 20, 1900 RECORDING NO.: 192430 10. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES AS GRANTED BY DEED RECORDED NOVEMBER 13, 1964 UNDER RECORDING NO. 5813072 AND NOVEMBER 16, 1964 UNDER RECORDING NO. 5823627. 11. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR • • COURT CAUSE NUMBER 632233. • File No.C5 LT.'208 Commitment r _ _ _` __t 0043CG ALTA (6117106�-Schedule B I �^' Page 7 of 11 title guaranty company • Ed Z6Z0-886-9Z17 saeeu16u3 e%JO d80:01. 80 50 JeW 12, EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 26, 1985 RECORDING NO.: 8509260851 FOR: SANITARY SEWER AFFECTS: EAST 15 FEET SAID EASEMENT HAS BEEN MODIFIED BY EASEMENT UNDER RECORDING NO. 8809111674. 13. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 18, 2000 RECORDING NO.: 20000418000708 IN FAVOR OF: CITY OF RENTON FOR: UTILITIES AFFECTS: NORTH 10 FEET OF THE EAST 190 FEET 14. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MARCH 9,2004 RECORDING NO.: 20040309002194 • • IN FAVOR OF: UNITED STATES POSTAL SERVICE • FOR: JOINT ACCESS AFFECTS: NORTHERLY 225 FEET OF THE EASTERLY PORTION 15. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN LOT LINE ADJUSTMENT: NO.: LUA 99075LLA RECORDED: JUKE 23, 1999 RECORDING NO.: 19990623900005 16. RIGHTS OF THE GENERAL PUBLIC TO THE UNRESTRICTED USE OF ALL THE WATERS OF A NAVIGABLE BODY OF WATER NOT ONLY FOR THE PRIMARY PURPOSE OF NAVIGATION, BUT ALSO FOR COROLLARY PURPOSES; INCLUDING(BUT NOT LIMITED TO) FISHING, BOATING, BATHING, SWIMMING, WATER SKIING AND OTHER RELATED RECREATIONAL PURPOSES,AS THOSE WATERS MAY AFFECT THE TIDELANDS,SHORELANDS OR ADJOINING UPLANDS AND WHETHER THE LEVEL OF THE WATER HAS BEEN RAISED NATURALLY OR ARTIFICIALLY TO A MAINTAINED OR FLUCTUATING LEVEL,ALL AS FURTHER DEFINED BY THE DECISIONAL LAW OF THIS STATE. (AFFECTS: UNNAMED STREAM/WETLAND ON SAID PREMISES.) 17. THE COMPANY REQUIRES EXECUTION OF THE ENCLOSED COMMERCIAL AFFIDAVIT PRIOR TO CLOSING REGARDING UNRECORDED LEASEHOLDS, MECHANICS LIEN RIGHTS, PARTIES IN POSSESSION AND SURVEY MATTERS. FURTHER REQUIREMENTS, IF ANY, WILL FOLLOW BY SUPPLEMENTAL REPORT UPON REVIEW OF THE SAME. File No 208163103 0043CG ALTA Commfnent(S/17J06)—Schedule B I s7te L Page 8 of 11 - VC+�,L title guaranty company • 9.d Z6Z0-996-9Z17 sJeau!6u a}}O d€0:01, 90 90 JeN • ENO OF SPECIAL EXCEPTIONS File No.: 208163103 0043CG ALTA Commitment($/17106)—Schedule B I f�i s7eV YGl1 i* Page 9 of 11 'title guaranty ComvarY 6'd Z6Z0-886-9Zti sJeeui6u3 ego de0:06 80 90 J L J NOTES: NOTE A: SO THAT WE MAY COMPLY WITH ALL LENDER REQUIREMENTS AND ENDORSEMENTS, PLEASE ENCLOSE A COMPLETE COPY OF THE LENDER'S INSTRUCTIONS WITH THE RECORDING PACKAGE. ALL KING COUNTY PACKAGES NOT USING AN EXCISE FORM ARE NOW RECORDED ELECTRONICALLY. PLEASE ADD$3.00 TO THE RECORDING FEE FOR EACH ELECTRONICALLY RECORDED DOCUMENT. IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 18000 INTERNATIONAL BLVD., SUITE 510 SEATAC,WASHINGTON 9818E ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF • NECESSARY TO MEET STANDARDIZATION REQUIREMENT'S. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S)TO BE INSURED. PARC.A, CIRENTON LUA 99075LLA,REC. NO. 19990623900005 PS • File No.: 208163103 0043CG ALTA Commitment(6117T06)--Schedule B I + to t Page 10 of 11 �trtle �(GLIguaranty cornpary • 01.'d Z6Z0-996-9Ztr saeeui u3 ego d80:06 90 90 JeW • Copies to: • SEATTLE MORTGAGE COMPANYISOUTHCENTER 6450 SOUTHCENTER BLVD#106 SEATTLE, WA 98I BB ATTENTION: TABATHA AT KI NS • • • • • File No. 208163103 TS jam, 0043C0 ALTA Commitment(6l17J06)—Schedule 8 l V Y art Page 11 of 11 •thla guaranty company 66'd Z6Z0-886-9Zi7 sjeeui6u3 ej o de0:06 90 90 -1eW tP COMMITMENT FOR TITLE INSURANCE Issued by Stewart •title guaranty company i Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as Identified in Schedule A,in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted In Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs, provided that the failure to issue the r policy or policies Is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. • IN WITNESS WHEREOF,Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: E-,B00 „....2k1/43iM2Ili. dr /t Senior Chairman of a Board Authorized Countersigoaaue ,`1 9 itt STEWART TITLE '" ' . • i s f ar i t Company J 'r`�;�► Chairman of the Board SEATAC,Washington City,State ?7frie0/1/14i. President 004-UN ALTA Commitment(6/17/06) Fife No.: 208163103 iti• Z6'd Z6Z0-886-9Z17 saeeu!Bu ego dti0:01. 80 90 JEIN CONDITIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2, If the proposed Insured has cr acquired actual knowledge of any defect,lien,encumbrance, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability • previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking In good faith(a)to comply with the requirements hereof, or(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. in no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby Incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment 5. The policy to be issued contains an arbitration clause. Ali arbitrable matters when the Amount of Insurance Is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<fitto://www.alla.orry>. a Stewart title guaranty company All notices required to be given the Company and any statement In writing required to be furnished the Company shall be addressed to it at P.O. Box 2029,Houston,Texas 77262, d - sJeeui6u a £6 Z6Z0 886-9Z1� � dlO 4'0:06 80 90 aaW ,i • Stewart Title Guaranty Company,Stewart Title Insurance Company,Stewart Title Insurance Company of Oregon, National Land Title Insurance Company,Arkansas Title Insurance Company, Charter Land Title Insurance Company. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates,from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of • persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company. We may collect nonpublic personal Information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or • others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. • WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. •171••d Z6Z0-886-9ZP sieeupu3 ego 40:01. 20 90 JBA STEWART TITLE OF WASHINGTON Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leath-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA,we are providing you with this document, which notifies you of the privacy policies and practices of STEWART II TITLE OF WASHINGTON We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our tiles, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction,such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 9L•d Z6Z0-886-9Zt7 sieeul6ua ego dti0:06 80 90 Jew Mar 05 08 10:05p Offe Engineers 425-988-0292 p.16 UottaauoJai mpg so;chains aazsao0 us ai apes aq mums 203312•{all •gamis s 01 pa;eias mueaa&al 10J AJZ1 VH ON saaansse,taedmoa aq.L Tams sr 1!go;gM al ICogod to aauulLuuuoo orp'41!poax n soop ion'jo aced a loci si li •sauspanoq jo noueooi io suraurgoeoxoaa`sxaacaasea Isaatsaaaxtp'aax 03 palFali 3oa mg. 'Suupnioar fSuac oul alp oa paagEax mama Re a►ogs of POPIIe41ET mu sr;i 'aoAeunoou io0 sa3 a2sega:notma.paprnoxd sr cos sFq,i,1 -I 0 l l7 1 1• r _ leru= nvbe e • 1< Join' lair My WV Hut - I,R Nkl h It r ta, s'Is rL'1 = - z. E WA Ira III a1Qa IrtK+ '••••' •Ud m< to<I«1 WWI .1M:. •r•..t , ,<r.�._. —nry E aYa`. rem -•yip ' s Om0 -y Ocbt )C`a. 1r lat� KW .ir•r .• ci la .. 1 7 II en3 rina . 11m ma1. O - • . 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MY4 '1h<tnryy d•[u Irf N17 lrr44 1 easy ' MNt i • Si alull I • .14" -4'' -,4„ .4\ 44 geed fi0A �'i � ^142,D,6 C2 6,4,0:9N1•002I n(a 1104S - 1 •a ngu 02 7 dry,,nM �i ro� toa,as .. n a'ti°v Jy �� /'� --Q[ fin/ -V1z ziamo y 1111t Q ''J: 3wt.i • ►r" 18000 International Boulevard South, Suite 510 eVV SeaTac, Washington 98188 a� * 205-770-8700♦ 888-895-1443 tale fax 206-770-8703•253-882-2033 • COPIES OF DOCUMENTS AVAILABLE ONLINE ORDER NUMBER: 208163103 FOR PROPERTY ADDRESS: • 4225 4TH AVENUE NORTHEAST, RENTON,WA 98055 IN OUR EFFORT TO BE ENVIRONMENTALLY CONSCIOUS STEWART TITLE ENCOURAGES YOU TO VIEW THE UNDERLYING DOCUMENTS ONLINE AT WWW.GOSTEWART.COM/SURECLOSE-LOGIN If you've never logged in before,just contact us at 206-770-8700 or send an email to gpayne@stewart.com and we'll gladly send your login and password to you. We would also be happy to email the documents to you and certainly we will send you hard copies upon request. Stewart Title shares your concern for the environment and we are proud to present green company solutions. Thank youi • LVd 36Z0-896-9Z17 saeeui6u3 ek0 d90:06 90 90 JeW Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, March 14, 2008 3:15:10 PM PROJECT: G: \2275\2275SP20080312rev.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Lot 1 Point Number Description Sta Northing Easting Elevation Bearing Distance 9025 0+00.00 181004 .3138 1311793.5828 S88°03'09"E 197.49 ft 9018 1+97.49 180997. 6024 1311990. 9587 Center Point: 9015 180962. 6226 1311989.7693 Radius: 35.00 ft Delta: 88°50'55" Right Arc Length: 54 .27 ft Chord Bearing: S43°37 '42"E Chord Length: 49.00 ft Middle Ordinate: 10.00 ft External: 14.01 ft Deg of Curvature: 163°42'08" Arc Definition Tangent: 34.30 ft Curve PI: 180996.4369 1312025.2376 9062 2+51.76 180962.1347 1312024 .7676 S00°47 '46"W 160.77 ft 9026 COR 4+12.53 180801.3802 1312022.5338 N88°06'43"W 37.44 ft 9027 COR 4+49. 97 180802. 6137 1311985.1141 N52°59'10"W 34 .81 ft 9028 COR 4+84.78 180823.5696 1311957.3187 N88°47'02"W 117. 67 ft 9029 COR 6+02.46 180826.0670 1311839. 6752 N04°25'05"W 37.11 ft 9030 COR 6+39.57 180863.0667 1311836.8165 N35°29'21"W 78. 96 ft 9031 COR 7+18 .53 180927.3580 1311790.9764 N01°56'51"E 77.00 ft 9025 7+95.53 181004 .3135 1311793.5931 Closing latitude = -0.00033 Closing departure = 0.01034 Closing bearing = N88°09'56"W Closing distance = 0.01035 Total traverse length = 790.25 (795.53) Total error of closure = 1/76375 Error of closure in latitude = 1/2385975 s' Error of closure in departure = 1/76414 e', Area = 38482. 40 Sq. Ft. 14,4. -t O1/46). Area = 0.8834 Acres Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, March 14, 2008 3:15:10 PM PROJECT: G:\2275\2275SP20080312rev.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Lot 2 Point Number Description Sta Northing Easting Elevation Bearing Distance 9029 COR 0+00.00 180826.0690 1311839.6627 S88°47'02"E 117. 67 ft 9028 COR 1+17. 67 180823.5717 1311957.3062 S52°59'10"E 34.81 ft 9027 COR 1+52.49 180802. 6158 1311985.1016 S88°06'43"E 37.44 ft 9026 COR 1+89. 93 180801.3822 1312022.5213 S00°47'46"W 9.29 ft 9019 COR 1+99.22 180792.0931 1312022.3922 S89°12'14"E 42.00 ft 9020 COR 2+41.22 180791.5096 1312064 .3882 S00°47'46"W 259.48 ft 9021 COR 5+00. 69 180532.0546 1312060.7829 S88°03'09"E 298.00 ft 9022 COR 7+98. 69 180521. 9275 1312358. 6108 S00°47 '46"W 147. 64 ft 9023 COR 9+46.34 180374.3017 1312356.5594 N88°09'46"W 265.14 ft 9032 12+11.48 180382.8021 1312091.5557 N01°50'14"E 40.03 ft 9033 12+51.50 180422.8115 1312092.8391 N48°22'08"W 39.04 ft 9034 COR 12+90.55 180448.7471 1312063. 6591 N88°10'57"W 48. 94 ft 9035 COR 13+39.49 180450.2992 1312014 .7437 SO1°53'07"W 36.35 ft 9036 COR 13+75.84 180413.9689 1312013.5479 N57°15'54"W 40.31 ft 9037 COR 14+16.15 180435.7667 1311979. 6399 N65°00'00"W 39.47 ft 9038 COR 14+55. 62 180452.4475 1311943.8679 N32°52'34"W 51. 62 ft 9039 COR 15+07.24 180495.8003 1311915.8473 N12°39'08"W 46.25 ft 9040 COR 15+53.49 180540. 9273 1311905.7171 N27°21' 13"W 52.32 ft 9041 COR 16+05.81 180587.3973 1311881. 6770 N04°33'53"E 50.28 ft 9042 COR 16+56.09 180637.5178 1311885. 6786 N01°01'03"W 62.78 ft 9043 COR. 17+18.88 180700.2879 1311884.5637 N24°39'46"W 101.37 ft 9044 COR 18+20.25 180792.4108 1311842.2644 N04°25'05"W 33.75 ft 9029 COR 18+54 .00 180826.0606 1311839. 6645 Closing latitude = -0.00850 Closing departure = 0.00179 Closing bearing = N11°53'50"W Closing distance = 0.00868 Total traverse length = 1853. 98 (1854 .00) Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, March 14, 2008 3:15:11 PM PROJECT: G:\2275\2275SP20080312rev.pro otal error of closure = 1/213552 Error of closure in latitude = 1/218240 Error of closure in departure = 1/1035875 Area = 107060.87 Sq. Ft. Area = 2.4578 Acres Centre Pointe Surveying - 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, March 14, 2008 3:15:11 PM PROJECT: G:\2275\2275SP20080312rev.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Tract A Point Number Description Sta Northing Easting Elevation Bearing Distance 9063 0+00.00 181006.8535 1311718.8932 S88°03'09"E 74.73 ft 9025 0+74.73 181004 .3139 1311793.5801 SO1°56'51"W 77.00 ft 9031 COR 1+51.73 180927 .3583 1311790. 9633 S35°29'21"E 78. 96 ft 9030 COR 2+30. 69 180863.0671 1311836.8035 SO4°25'05"E 37.11 ft 9029 COR 2+67.80 180826.0674 1311839. 6622 SO4°25'05"E 33.75 ft 9044 COR 3+01.55 180792.4177 1311842.2620 S24°39'46"E 101.37 ft 9043 COR 4+02. 92 180700.2947 1311884 .5614 S01°01'03"E 62.78 ft 9042 COR 4+65.71 180637.5246 1311885. 6762 SO4°33'53"W 50.28 ft 9041 COR 5+15. 99 180587.4041 1311881. 6747 S27°21'13"E 52.32 ft 9040 COR 5+68.31 180540.9341 1311905.7147 S12°39'OB"E 46.25 ft 9039 COR 6+14.56 180495.8072 1311915.8450 S32°52'34"E 51. 62 ft 9038 COR 6+66. 18 180452.4543 1311943.8656 S65°00'00"E 39.47 ft 9037 COR 7+05. 65 180435.7736 1311979. 6375 S57°15'54"E 40.31 ft 9036 COR 7+45. 96 180413.9758 1312013.5455 N01°53'07"E 36.35 ft 9035 COR 7+82.31 180450.3061 1312014.7414 S88°10'57"E 48.94 ft 9034 COR 8+31.25 180448.7539 1312063. 6568 S48°22'08"E 39.04 ft 9033 8+70.30 180422.8184 1312092.8367 S01°50' 14"W 40.03 ft 9032 9+10.32 180382.8089 1312091.5534 N88°09'46"W 382.51 ft 9024 COR 12+92.84 180395.0722 1311709.2400 N00°54 '12"E 611.86 ft 9063 19+04 .70 181006.8562 1311718.8863 Closing latitude = 0.00273 Closing departure = -0.00697 Closing bearing = S68°35'42"E Closing distance = 0.00749 Total traverse length = 1904 . 68 (1904 .70) Total error of closure = 1/254365 Error of closure in latitude = 1/696972 Error of closure in departure = 1/273210 Area = 103164 .55 Sq. Ft. Area = 2.3683 Acres Centre Pointe Surveying 33701 9th Avenue South Federal Way, WA 98003 253-661-1901 Friday, March 14, 2008 3:15:11 PM PROJECT: G:\2275\2275SP20080312rev.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Overall Point Number Description Sta Northing Easting Elevation Bearing Distance 9063 0+00.00 181006.8535 1311718.8932 S88°03'09"E 272.22 ft 9018 2+72.22 180997. 6024 1311990.9560 Center Point: 9015 180962. 6226 1311989.7666 Radius: 35.00 ft Delta: 88°50'55" Right Arc Length: 54.27 ft Chord Bearing: S43°37'42"E Chord Length: 49.00 ft Middle Ordinate: 10.00 ft External: 14 .01 ft Deg of Curvature: 163°42'08" Arc Definition Tangent: 34 .30 ft Curve PI: 180996.4369 1312025.2376 9062 3+26.49 180962. 1347 1312024.7649 S00°47 ' 46"W 160.77 ft 9026 COR 4+87 .26 180801.3802 1312022.5311 S00°47'46"W 9.29 ft 9019 COR 4+96.55 180792.0911 1312022.4020 S89°12'14"E 42.00 ft 9020 COR 5+38.55 180791.5076 1312064 .3980 S00°47'46"W 259.48 ft 9021 COR 7+98.03 180532.0526 1312060.7927 S88°03'09"E 298.00 ft 9022 COR 10+96.03 180521. 9255 1312358. 6206 S00°47'46"W 147. 64 ft 9023 COR 12+43. 67 180374 .2997 1312356.5692 N88°09'46"W 647. 65 ft 9024 COR 18+91.33 180395.0634 1311709.2521 N00°54 ' 12"E 611.86 ft 9063 25+03.19 181006.8474 1311718.8984 Closing latitude = -0.00609 Closing departure = 0.00516 Closing bearing = N40°15'27"W Closing distance = 0.00798 Total traverse length = 2497.91 (2503.19) Total error of closure = 1/312834 Error of closure in latitude = 1/409926 Error of closure in departure = 1/484096 Area = 248707.82 Sq. Ft. Area = 5.7095 Acres Centre Pointe Consulting, Inc. 206 Railroad Avenue North Kent, WA 98032 253-813-1901 Monday, March 24, 2008 4:29:07 PM PROJECT: G:\2275\2275SP20080312rev.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: Road Dedication Point Number Description Sta Northing Easting Elevation Bearing Distance 9063 0+00.00 181006.8535 1311718.8932 N00°54'12"E 8.00 ft 9056 0+08.00 181014.8525 1311719.0194 S88°03'09"E 348.51 ft 9050 3+56.52 181003.0088 1312067.3281 0.00 S00°47'46"W 211.52 ft 9014 5+68.04 180791.5092 1312064.3891 N89°12'14"W 42.00 ft 9016 6+10.04 180792.0928 1312022.3932 N00°47'46"E 170.06 ft 9062 7+80.10 180962.1364 1312024.7561 Center Point: 9015 180962.6227 1311989.7594 Radius: 35.00 ft Delta: 88°50'55" Left Arc Length: 54.27 ft Chord Bearing: N43°37'42"W Chord Length: 49.00 ft Middle Ordinate: 10.00 ft External: 14.01 ft Deg of Curvature: 163°42'08" Arc Definition Tangent: 34.30 ft Curve PI: 180996.4369 1312025.2376 9018 8+34.37 180997.6041 1311990.9472 N88°03'09"W 272.22 ft 9063 11+06.59 181006.8551 1311718.8844 Closing latitude = 0.00166 Closing departure = -0.00885 Closing bearing = S79°23'52"E Closing distance = 0.00900 Total traverse length = 1101.31 (1106.59) Total error of closure = 1/122357 Error of closure in latitude = 1/665027 Error of closure in departure = 1/124482 Area = 11604.50 Sq. Ft. Area = 0.2664 Acres I DENSITY WO R KS H E ET City of Renton Development Services Division 1055 South Grady Way-Renton,WA 98055 Phone:425-430-7200 Fax:425-430-7231 1. Gross area of property: 1. Z4-81 og square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** I 1 &°5 square feet Private access easements** square feet Critical Areas* i o3I 61- square feet Total excluded area: 2. I `16.1 square feet 3. Subtract line 2 from line 1 for net area: 3. 133.2)3e) square feet 4. Divide line 3 by 43,560 for net acreage: 4. 3.07 acres 5. Number of dwelling units or lots planned: 5. 1 Ifr units/lots 6. Divide line 5 by line 4 for net density: 6. ak-51A = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\PW\DEVSERV\Forms\Planning\density.doc Last updated:11/08/2004 AFTER RECORDING RETURN TO: � Op Thomas F. Peterson � �j Betts, Patterson &Mines, P.S. One Convention Place, Suite 1400IrCeifrze%119701 Pike Street0010 Seattle, WA 98101-3927 20040309002194 OKANE EAS 28.00 PAGE001 OF 010 03/09/2004 13:00 KING COUNTY, WA ACCESS EASEMENT AGREEMENT Grantor: Ribera-Balko Enterprises Family Limited Partnership Grantee: United States Postal Service Abbreviated Legal Descr.: East 1/2 of NW 1/4 of NW 1/4 of NW 1/4, Sec. 15, T23N,R5E,W.M. (Complete legal description on Exhibit A) Assessor's Tax Parcel No.: 5128210-0020 THIS EASEMENT AGREEMENT(this "Agreement") is made this /A' day of l 2004,by and between Ribera-Balko Enterprises Family Limited Partnership, al Washington limited partnership, ("Grantor") and United States Postal Service, an independent establishment of the Executive Branch of the United States Government, ("Grantee"),with reference to the following facts: RECITALS • A. Grantor is the owner of certain real property located in the City of Renton, King County, Washington described in the attached Exhibit A ("Grantor's Property"). B. Grantee is the owner of certain real property in the City of Renton, King County, Washington, described in the attached Exhibit B ("Grantee's Property"). C. Grantor seeks approval of a short plat application from the City of Renton("the City"). The short plat application is known as LUA-02-129 ("the Short Plat Application"). When approved and recorded, the Short Plat Application will subdivide Grantor's Property into two lots,referred to in the Short Plat Application as "Lot 1" and"Lot 2." 216967/120203 1701t71570001 -1- D. The City has placed a condition on the granting of the Short Plat Application that Grantor enter into an easement agreement with Grantee that will create a joint access route providing access to Grantor's Property and Grantee's Property as depicted in the plans of the Short Plat Application. The easement would be located entirely upon Grantor's Property. E. A second condition imposed by the City on the Short Plat Application is the construction by Grantor of certain off-site improvements as depicted in the plans, including certain improvements to Grantee's Property. The improvements include the elimination of the current street access to Grantee's Property. F. Grantee has agreed to allow the closing of its existing access as required by the City on the condition that Grantor perform the off-site work required by the City for approval of the Short Plat Application and grant the easement set forth herein. Grantor desires to grant the easement rights contained herein to Grantee in order to obtain approval of the Short Plat Application. AGREEMENTS NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in this Agreement by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, its, grantees, successors, and assigns, for the benefit of Grantee's Property, a permanent, non- exclusive easement over and across that portion of Grantor's Property ("Easement Area") described in Exhibit C and depicted in Exhibit D attached hereto and incorporated herein by this reference, for vehicular access, ingress, and egress. No obstructions of any kind whatsoever shall be allowed within the above-described property that would materially impede ingress and egress for the purposes herein defined, either during construction or after completion of construction. Grantor, or a subsequent owner of Lot 2, may grant to the owner of Lot 1 easement rights to the Easement Area not inconsistent with the easement granted herein. USPS shall not use(or allow use of) the Easement Area for any purpose not expressly permitted herein. 3. Condition. The effectiveness of this Agreement and the rights granted herein are expressly conditioned upon the approval by the City of the Short Plat Application and recordation thereof by Grantor within 12 months of the execution of this Agreement or such additional time as may be agreed to in writing by the parties. If the City does not approve said application or Grantor does not record it within said time or extended time, then this Agreement shall be null and void. 216967/120203 1701 t71570001 -2- 4. Maintenance. Grantor shall undertake all maintenance and/or repair of the Easement Area that it deems necessary in its reasonable judgment at its sole cost and expense. Grantor shall not be responsible for maintenance of any portion of Grantee's Property, including areas where Grantor may have performed off-site work pursuant to the Short Plat Application or a separate agreement. 5. Insurance. Grantor and Grantee shall include the Easement Area in its policies or other coverage for comprehensive general liability and property damage insurance in effect with respect to their respective properties. Grantee's insurance policies for the Easement Area shall include Grantor as an additional insured. Grantor and Grantee waive their respective rights of recovery against each other, including rights of subrogation claimed through them, for any loss to the extent insured by any insurance policy required above. Each owner shall obtain from its respective insurers written and binding approval of such waivers. Grantor and Grantee acknowledge and agree that the Postal Service is self-insured and that this provision shall only apply to any subsequent owner of Grantee's property. 6. Enforcement. In the event of a breach of any of the covenants or agreements contained herein, in addition to damages, each party shall have the right to specific performance, injunction and such other equitable relief as may be appropriate to remedy any violation or threatened violation of this Agreement. 7. No Public Rights. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Easement Area or either parties' respective properties. No easements, except those expressly set forth herein, shall be implied by this Agreement, and no other easements for signage or other utilities are granted or implied. 8. Amendment. The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of the parties, evidenced by a document that has been fully executed and acknowledged by the parties and recorded in the official records of the County Recorder of King County, Washington. 9. Consents. Wherever in this Agreement the consent or approval of a party is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c)be accompanied by such background data as is reasonably necessary to make an informed decision thereon. 10. No Waiver. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 216967/120203 1701171570001 -3- 11. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint ventures or of any other association between the parties. 12. Covenants to Run with Land. It is intended'that each of the easements, covenants, conditions,restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real properties benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors and assigns. 13. Time of Essence. Time is of the essence of this Agreement. I ' 14. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 15. Notices. Notices or other communications hereunder shall be in writing and shall be sent via certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party may change from time to time its respective address for notice hereunder by like notice to the other party. The parties' initial notice addresses are as follows: Grantor: Ribera-Balko Enterprises 16400 Southcenter Parkway, #308 Seattle, WA 98188 Attention: Diana Ribera Grantee: Western Facilities Service Office United States Postal Service 8055 E. Tufts Ave., Suite 400 • Denver, CO 80237-2881 Attention: Candace Kinne 16. Governing Law. This agreement shall be governed by the laws of the State of Washington. 17. Estoppel Certificates. Grantor and Grantee shall, from time to time,upon written request from the other property owner, execute, acknowledge, and deliver to the requesting owner or its designee, a written statement stating that the easements and other covenants provided for in this Agreement are in full force and effect and have not been supplemented or amended in any way(or specifying the date in terms of the agreement so effecting this Agreement); that this Agreement represents the entire agreement between the 216967/120203 1701 t71570001 -4- parties as to the easements and covenants established herein; that all conditions under this Agreement to be performed by the party have been satisfied, including, but without limitation, all maintenance and repair obligations, that all required contributions by an owner for repair or maintenance and that on this date there are no existing claims or defenses against any owner, as applicable. It is intended that any such statement delivered pursuant to this section may be relied upon by a prospective purchaser of a Parcel or holder of any mortgage upon a Parcel. The owner providing the statement shall do so within a reasonable time, which shall not exceed 15 days from the date of the actual or constructive receipt of the request. 18. Authority. The undersigned certify and warrant that they are fully authorized to enter into this Agreement and to bind said party if executing in a representative capacity, including that the United States Postal Service has obtained any and all administrative and/or legislative approval necessary to bind the United States Postal Service as a branch of the United States Government. DATED this%i ' day of l - m , 2004. , . GRANTOR: GRANTEE: RIBERA-BALKO ENTERPRISES UNITED STATES POSTAL SERVICE, FAMILY LIMITED PARTNERSHIP, an independent establishment of the a Washington limited partnership Executive Branch of the United States Government `_ .. By Dana Ribera Its t;A,_•t i NEi ccc1<QQ Its General Partner STATE OF WASHINGTON ss. COUNTY OF ✓1 C ) 1 On this I day of J V1-r 1()_ .2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Diana Ribera, to me known to be the General Partner of Ribera-Balko Enterprises Family Limited Partnership, the partnership that executed the foregoing instrument, and acknowledged the signing of said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. 216967/1202 03 17011715 70001 -5- r IN WITNESS WHEREOF I have hereunto my h and affixed my official seal the day and ear first above written. THOMAS F. PETERSON y 4/04 • , NOTARY PUBLIC N tary Public in and for the State of Washington STATE OF WASHINGTON ¢ Printed Name: [ ho vas F'(1Q3c� COMMISSION EXPIRES Residing at: ' ea.-et--(.. APRIL 9, 2005 My appointment expires: /T/0 j!�`>' STATE OF `! -Ltt ..Ol c` SS COUNTY OF-6 1)(`C. �.. yik.. On this]o day of 1'"2004, before me, the undersigned, a Notary Public in and for the State ofb-CeiQ.c c` , duly commissioned and sworn,personally appeared Z` :e.L K . 1 /ifi it to me known to be the�11L c ,,;ei iv le,/.r L"of// of the United States Postal Service, the entity that executed the foregoing instrument, and acknowledged the signing of said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. (7 G;'t..[A: ni (}h.Cc!4�/ -i tary Public in and for the State.of (�Gt• Z t a 141— id Name:L I t>`►ti n.) ('_lilikL.S(` ►t; oQ,�P MT.CNgR�%t Residing at: j i 0 L. �'x 4" l � [' i��r;b A9��d +1i My appointment expires: , SL.ILe :9 ei ,},L% 54-- • Z I] •I�N•;A i 1I1y�^ .B LAG •oo; 1NuFCOL�PP� 216967/120203 1701t71570001 -6- EXHIBIT A Ribera-Balko Property Parcel A of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005, records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. j210373/012004 0937/71510001 • EXHIBIT B United States Postal Service Property , Parcel B of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005,records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. • • 210374/012004 0937/71510001 RIN IIW-kL• HIV V U I i_Wi14..29 24- COW: ` ,3 " �� i t' 4 -.3b_E7-f43.I •U \ ' ----------------------�--_--- RIM 81 --SEnER �ANi'iGi.� w1 NC. CL'jgt3 AND � • �,om ,- �� -•.. • �.� - _ . `t, .t?i5 '�� `G, r•r rrs'^r_i,F [- - 'tom L C. Yfdter f�C,�er,r i 4': t�i r Fr,.....,i,......:,..„:„., ...„,J� _ "' f--4- Xiia 12' STORM 7 ,�=r= ,<° i r , iy i -r --_=- •-_ F. ti pncrete • I' C t , I / it ' ,Yi =ls�.k ,ie= {� ii AN ' 1 . . M= •8.84 Q_ ') f Y ! i t r' (( it iE 3 Jf � vq. fill F �' NEW W TYPE -1(i/r!ih,i, 1:�; = .-j�v.Jki5'. Yv iy]) i! a e �i i i — '°' t eO•cL , plkl,,,,,:r--,'; Si,.`'?F.-,.•.( n,uiv r ���e-•-�--. / I1 • �.i.L� 6 • gin`;•.�!�''(r :•w (I f4 _ = _ ':____a:241I) ,• • l E i i F• q•`--}- r i t i s • Y 1 36�f INT ACC�►.� 1� c:• ;i. r 5' STORM � , \ (+J.. ' th'7" - ..F;"--'• ----i--r' —'—'ii ~ r. -ter i \\k•i =� • J�Ii V 3 / , -`_�.- --1-1 --T—•, ,� k r • a. r ( UST-R94-.. O:�ElN GRADE) �°' t =;�,� ` 1 `,' _ ,. ,� 7$-`5(i5' PVC ) t '� ���«� 1. 1i ��s \ \ - -IN • : jib" a �0 -.-rl._ : i r r 1 . D`. s�j Q j \`l ' 1. -•1...I:10 :t tf 8 ASS MAIN 0.5X ! €' --ti1 tl.•l .1, ;:• _ ! EXHIBIT;' • • EXHIBIT D JOINT ACCESS EASEMENT That portion of Parcel A of City of Renton Lot Line Adjustment No. LUA99075LLA, City Land Record No. LND300193, filed under King County Recording No. 19990623900005, Records of King County, Washington; • BEGINNING at the Northeast corner of said Parcel A; THENCE North 88° 03'09"West, 34.00 feet along the North line of said Parcel A; THENCE South 01°56'51"West, 225.00 feet; THENCE South 88° 03'09'fast,38.52 feet to the East line of said Parcel A; THENCE Notch 00° 47' 46" East, 225.05 feet along said East line to the Northeast corner of said Parcel A and the POINT OF BEGINNING. • • • • • • • Project Name: Balko Renton Site April 8,2002 DJS/ath 75461.001.wpd • From: "Dyanne Sheldon" <dyanne.sheldon@otak.com> To: "Andrea Petzel" <APetzel@ci.renton.wa.us> Date: 03/12/2008 10:48:10 AM ' Subject: RE: Ribera Review • Andrea; the biggest issue seems to be whether or not to seed after mulch ; it makes the most sense to go ahead and mulch around the woody plants after installation, and let them forego the seeding. If you want them to install native herbs (sword fern for example)after the woody plants have been in for two years, then that's appropriate. Sorry this slipped for me...I've also left a phone call with Per Johnson at Shannon and Wilson with this same info. dyanne ----Original Message From:Andrea Petzel [mailto:APetzel a@ci.renton.wa.us] Sent: Wed 3/12/2008 9:05 AM To: Dyanne Sheldon Subject: Ribera Review Hi Dyanne, I just wanted to check on the status of the review of the Ribera-Balko property. Any word on when you will have those comments? As of March 31 the developer will lose his vesting, so I want to get those comments to him as soon as possible. Thanks, Andrea • o� CITY4. RENTON ♦ Department of Community and ;71, Economic Development Denis Law,Mayor. N�C Alex Pietsch,Administrator March 6,2008 Mr. Tom Foster - Langley Development Group 6540 Southcenter-Boulevard,Suite#106 Seattle, WA 98188 SUBJECT: Expiration Notice for the Ribera Short Nat City of Renton File LUA 02-129 Dear Mr. Foster, This letter supercedes.the City's letter of January 24, 2008 and serves as notice that the City will allow you to proceed with filing for the final"short plat application for the Ribera Short Plat until 5:00 on March 31, 2008. After that,the Ribera Short Plat(LUA:02-129)will expire and you will need to resubmit all short plat application materials to meet current code standards. I am aware that site construction was delayed due to events beyond your control, including your ability to construct the'storm,drainage facilities as the result of a limited fish window imposed by Washington Fish and Wildlife. The City suspended the clock during the time that you were unable to work and extended your preliminary short plat approval to allow for the construction of „utilities and roads. In terms of wetland mitigation the following items are still outstanding and are required prior to recording: 1: A second surety device for wetland maintenance and monitoring based on estimated costs for maintenance and monitoring of structures, irrigation, labor, improvements,and mitigation required by permit condition to perform satisfactorily for a minimum of five - - years after they have been completed. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings,signage, and fencing,please submit to Andrea Petzel a copy,of the signed maintenance and monitoring contract(s)for this work: The scope of the contract(s)must clearly cover the cost of plant maintenance and replacement as well. As soon as this - surety device is received, the installation surety device will be returned. 2. Confirmation that the area has been placed in a Native Growth Protection Easement (NGPE)`on the final plat map: 3. A certificate of installation from your wetlands biologist,verifying that the mitigation measures,including plantings,are in place:_ 1055 South Grady Way-Renton,Washington 98057 RENTON GOThis paper contains 50%recycled material,30%post consumer A-HEAD OF THE CURVE March 6, 2008 Page 2 ' Your short plat will not be able to be recorded until these items have been received and preliminary approval will expire at 5:00 on March 31,2008. Please feel free to contact me with any questions. Sincerely, • • D, DvV I Neil Watts Development Services Director cc:. City of Renton File LUA 02-129 Jennifer Henning,Current Planning Manager Arneta Henninger,Plan Review Darrell Offe,Offe Engineers Andrea Petzel,Associate Planner • • • • C:\Documents and Settings\nweil\Desktop\ribera March 2008.doc\n' • CITY 11A 4. s fidt Planning/Building/PublicWorks.Department hat se‘1%rt-VO Denis Law,Mayor Gregg Zimmerman P.E.,Administrator •:February 13, 2008 • Dyanne Sheldon OTAK Natural Resources Manager • 10230 NE Points Drive, Suite 400 Kirkland,WA 98033 Subject: Secondary Review of Revised Performance Standards for the Impacts to Critical Areas Associated with the Ribera-Balko.Short Plat,LUA 02-129 Dear Ms. Sheldon: The City has previously reviewed and approved the March 27,2007 "Final Wetland and Stream • Buffer Mitigation Plan'for this property. This originally approved plan has been included for • your reference. •Based on changes in the field,the,applicant is now requesting revision to the success criteria and methods of weed control listed.in.the March 27, 200.7 approved plan. Enclosed,please find the new proposal dated January 15,.2008 entitled: "Revised Performance'Monitoring Success • Criteria . . ." • Please review the proposed modifications and advise me of your recommendations regarding whether the proposal is likely to.successfully restore the'impacted portions.of the wetland/buffer .as well as whether it complies.with Renton critical areas regulations and best available science. • Thank you. 'Sincerely, • • Andrea Petzel Associate Planner • • • I , cc: Thomas Foster Jennifer Henning • . • • MD ' 1055 South Grady Way-Renton,Washington 98057 ' a-" AHEAD OF THE CURVE ?.� This paper contains 50%recycled material,30%post consumer � Y . 'CITY •'F RENTON ♦ „u © Planning/Building/PublicWorks Department ‘ , • Denis Law,Mayor Gregg Zimmerman P.E.,Administrator Nrr4 January 24, 2008 I Mr. Tom Foster • Langley Development Group 6540 Southcenter Boulevard, Suite#106 Seattle, WA 98188 • SUBJECT: RIBERA SHORT PLAT 1 Dear Mr. Foster, This letter confirms that the City will allow you to proceed with filing for the final short plat application for the Ribera Short Plat. Site construction was delayed due to events beyond your • control, including your ability to construct the storm drainage facilities as the result of a limited fish window imposed by Washington Fish and Wildlife. The City suspended the clock during the time that you were unable to work as the result of the fish window and extended your preliminary short plat approval to allow for the construction of utilities and roads. Please present this letter when filing the final short plat application. 1 Sincerely, Q.e.Aiq, U0" i 1 Jennifer Toth Henning, AICP Current Planning Manager cc: Neil Watts,Development Services Director Arneta Henninger,Plan Review • 1055 South Grady Way-Renton;Washington 98057 R E N T O N •� AHEAD OF THE CURVE , This paper contains 50%recycled material,30%post consumer TRAN„„IITTAL OF FINANCIAL INSTI,,MENT TO FINANCE DEPARTMENT August 13, 2007 TYPE OF INSTRUMENT: Assignment of Funds (AOF) 1. Project Name: Ribera-Balko Short Plat, LUA 02-129 2. Applicant: Langley 4th Avenue Associates, LLC 3. Dollar Amount: $66,000.00, Seattle Savings Bank, Account Number 2191-001 4. Purpose: Wetland Installation 5. Required by: Development Services 6. Staff Contact/Phone: Amber Hoffman, Ext. 7262 7. Notify Staff by: 8. Expiration Date: August 13, 2008 9 Key words for indexing: Ribera, Balko, LUA 02-129 Please transmit only one (1) instrument per sheet. For releases, please provide a memo requesting release. Attach a copy of the transmittal sheet to facilitate locating the instrument. Please allow five (5) working days for release of an instrument. If you need it sooner, please specify on your memorandum how quickly you need the release. H:\Divisions'Develop.scr\Const.ser\AMBER\Assignment of Funds\AOF Form.doc CITY OF RENTON PLANNING/BUILDING/ PUBLIC WORKS MEMORANDUM Date: August 10, 2007 To: Amber Hoffman From: Andrea Petzel CC: Jennifer Henning Subject: Bond for Wetland Installation—Ribera-Balko Plat E WA 02-129 Amber, Can you please process the bond amount of$66,000 for wetland installation for the Ribera-Balko Short Plat, City File LUA 02-129. It should be noted that this bond is only for wetland installation, not maintenance and monitoring. A copy of all documents from the Finance Department should be sent to the City Clerk's office for inclusion in the City file. Thanks! Process Bond-Amber.doc August 8, 2007 Andrea Petzel City of Renton AUG 8 200 Development Services 1055 South Grady Way RECEIVED Renton,WA. 98057 Re: Ribera-Balko Short Plat Wetland Mitigation To Whom It May Concern: Please find attached a copy of the Agreement with Edlund and Associates to provide planting materials and installation of the buffer area as required by the approved mitigation plan. At a later date,we will sign a contract with Edlund to monitor the planting. In addition, Shannon and Wilson will visit the site prior to planting and upon completion. Also, included is the"set-aside" commitment from Seattle Savings Bank, our lender for the project. Upon completion,they will provide a separate set aside for monitoring. Our contractor is prepared to start construction next week to take advantage of the balance of the summer months. I will contact in the next couple of days to confirm your approval as a condition to start construction. Thank you for your attention to this matter. If there are any questions, please contact Thomas Foster, partner,Langley 4th Ave. Associates at 6450 Southcenter Blvd. Suite 106, Seatle,WA. 98188. I can also be contacted by phone at 206-499-8491. Sincerely, Thomas Foster Cc: Jennifer HenningP Arneta Heninger 1 1 / SEATTLE " SAVINGS ALA; • B A N K �i 190 Queen Anne Ave. N. #100 PiEe P. O. Box 19102 WVED Seattle, WA 98109 ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT Langley 4th Avenue Associates,LLC BANK Seattle Mortgage Company Owner Langley 4th Avenue Associates,LLC Branch Corporate Address 6450 Southcenter Blvd#106 Address 190 Queen Anne Ave.N.#100 Seattle, WA 98188 Seattle, WA 98109 Phone 206-499-8491 (mobile#) Phone 206-273-7350(direct line) Fax 206-244-1438 Fax 206-568-7814 Attention Tom Foster Attention Bruce Groom Title Members/Managers Title SVP The above referenced bank hereby certifies that Sixty-six Thousand Dollars($66,000.00)is set aside under Loan Number 2191-001,to secure the Applicant's performance of the following work required in connection with the plat or project described below(see attached Bid): Plat or Project: 1 ber a..-- 3f 1Ca ,S ka r`f Pic ' i-(A A- — Location/Address of Plat or Project: 2 25 /N/i 9-4 st-rcc,/ The required work is generally described as follows: Refer to specifications on Bid The Bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton(the City). The Applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the Bank. This Assignment of Funds cannot be cancelled by the Bank or the Applicant. These funds may not be assigned, pledged,used as security or otherwise made available to the applicant,bank or a third party without the prior written consent of the City. APPLICANT BANK LANGLEY 4`h ENUE AS OC ATES,LLC SEATTLE S G K By: _ By: .-�� Bruce .Groom, Sr.Vice President Date: F - ca 7 Date: S13/07 08/07/2007 17:47 4252554270 EDLUND ASSOC INC PAGE 02 N • PROPOSAL 'CIPMPLAAJ Tune 1,2007 °•• ��kc3 Mr. Tom Foster. Langley-Fourth Avenue Associates,LLC AU6 " 8 t„,'a 6450 South.Center Blvd., Suite 106 r Seattle,WA 98188 RECEIVED Dear Tom, I have outlined the procedure to complete the Wetland Stream and Buffer Mitigation for the NE 4th project in Renton.Please review. If you are satisfied sign and return authorizing us to proceed.If you have questions please call. Project: Langley-Fourth Avenue Associates, LLC NE 4th St. and Union Ave NE Renton, WA 98059 Contractor: Edlund Associates,Inc.. 15005 S.E. 171 S`Street Renton WA 98058 This is the Agreement which we have discussed. Langley-Fourth Avenue Associates, LLC is referred to as"Client" and Edlund Associates,Inc. is referred to as"Edlund." The work will be performed at your property at NE 4 St:, Renton,King County, WA 98059.in accordance with the following documents and on the following terms. Legal description of Property is King County Parcel No. 5182100020. All documents referenced are included herein and made a part hereof by reference. DOCUMENTS: 1. Sheet 1.0 Final Wetland and Stream Buffer Mitigation Plan dated March 2007,By Shannon& Wilson, Inc. Seattle, WA 98103 ' 2. Sheet 2.0 Storm Water Landscaping Plan dated March 2007 By Shannon &Wilson, Inc. Seattle, WA 98103 3. Former Ribera Balko Short-plat Property, Final Wetland and Stream Buffer Mitigation Plan,Renton, Washington dated March 27.2007 By Shannon &Wilson, Inc. Seattle, WA 98103. 4. Edlund Associates, Inc. Spreadsheet Report 07-Langley-NE 481 Buffer Enhancement dated 5/15/2007'3:18 PM. • SCOPE OF WORK TO BE PERFORMED BY EDLUND: A general outline of the work as specified in the Former Ribera Balko Short-plat Property Final Wetland and Stream Buffer Mitigation Plan.Renton,Washington dated March 27, ib/07/2007 17:47 4252554270 EDLUND ASSOC INC PAGE 03 /`F..ly/ ���yyy 'Edlund Associates Inc. I Et O,�''ha Langley-NE 4`h Property Agreement AUG June 1,2007 8 2007 Page 2 RECEivED • 2007 ;and as detailed in_Spreadsheet Report: Wetland Buffer Mobilization, Planting, and Soil preparation: 1. Plant pit soil preparation, • 2. Plant installation per quantities on Sheet 1.0 and Sheet 2.0 as follows: o Impacted Buffer. Restoration Areas (5,912 Square Feet) o Buffer Replacement Areas(5,912 Square Feet) o Enhanced Buffer, Areas (16,012 Square Feet) • EXCLUSIONS: Excluded services are not a part of Edlund's services under this Agreement and are the responsibility of others. Excluded services include, but are not limited to,the following: • • 1. Stake out oldie boundaries of the Buffer areas described above. • 2. Strip, grub and dispose of all blackberries,noxious weeds and debris with in the Buffer and Pond areas described above to the approval of Edlund. 3.• Remove and dispose of all debris blocking access to work. 4. Wood Fence delineating Wetland Buffers. 5. Removal of any hazardous waste. 6. Edlund will not warrantee plantings if Client does not provide an irrigation system with uniform coverage satisfactory to Edlund. CLIENT'S RESPONSIBILITIES: A. Client agrees to provide Edlund with all information, surveys,reports,and professional recommendations and any other related items requested by Edlund in order to provide its professional services. Edlund may rely on the accuracy and completeness of these items. ' B. Client agrees to advise Edlund of any known or suspected contaminants at the Project 'site, Client shall be solely responsible for all subsurface soil conditions. C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. Edlund will procure anti-backflow permit. D. Client agrees to honor these responsibilities and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Edlund's,services. ESTIMATED COST: The Estimated cost to perform the work outline in this Agreement is$44,407.00 plus WSST • BILLING&PAYMENT: • Work will be billed on a LUMP SUM basis not to exceed the total amount indicated above without further discussion and signed Change Orders. 08/07/2007 17:47 4252554270 EDLUND ASSOC INC PAGE 04 • Edlund Associates Inc. D .i Langley -NE 4h Property Agreement op• IV June 1,.2007 (AM 8140T Page 3 RECEIVED • Client agrees to make an initial payment of 25% of the contract amount, $11,102.00 at time of signing this contract.Billing will occur monthly on work completed and the billing period will be through the 25th day of each month. Payments shall be due upon receipt of the billing and must be made no later than the 10th day of the following month. Past due invoice's will be charged interest at the rate of 12%per annum. Payment shall be in the form of cash or check. TIME OF COMPLETION: Edlund shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project,anticipated and unanticipated events may impact any Project schedule. Estimated completion date is November 30, 2007. (This work cannot begin until pond wall and cleanup work is completed.) TERMINATION: • A. Either Client or Edlund may terminate this Agreement upon seven(7) days written notice. The Dispute Resolution provisions shall survive any termination. B. If terminated, Client agrees to pay Edlund for all services rendered and expenses incurred up to the date of termination. C. Upon not less than seven days' written notice,Edlund may suspend the performance of its services if Client fails to pay Edlund in full for services rendered or expenses \ incurred to that date. Edlund shall have no liability because of such suspension of services or termination due to Client's non-payment. DISPUTE RESOLUTION: • Client and Edlund agree to mediate all claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. The parties agree that Washington Mediation& Arbitration is an acceptable mediation service. A party shall make a written demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate promptly in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally, If the matter is not resolved by mediation,then either of the parties may elect to litigate, and the substantially prevailing litigating party shall be entitled to recover ' its attorney fees and costs,including expert witness fees, from the non-prevailing party. GENERAL PROVISIONS: ' A.This Agreement is governed by the laws of the State of Washington. • B This Agreement is the entire and integrated Agreement between Client and Edlund and supersedes all prior negotiations, statements,or agreements,either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Edlund. C. in the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason,the remainder of this Agreement shall continue in full force and 08I0712007 17:47 4252554270 EDLUND ASSOC INC AGE 05 OUPi i3 P Edlund Associates Inc. Langley-NE 4th Property Agreement 'aUG m 8 2007 June 1,2007 • Page 4 IIECEIVLri • effect,and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D.Neither Client nor Edlund shall assign this Agreement without the written consent of the other. E.Notwithstanding any other term in this Agreement, Edlund shall not be responsible for • other party's errors or omissions or for another party's failure to complete their work or services in accordance with their agreement. F, Client agrees to indemnify, defend and hold Edlund harmless from and against any and all claims, liabilities, suits,demands, losses, costs and expenses,including, but not limited to,reasonable attorney fees and all legal expenses and fees incurred through • appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death,or economic losses, arising out of this Agreement,except that Edlund shall not be,entitled to be indemnified to the extent such damages or losses arc found by a court or forum of competent jurisdiction to be caused by Edlund's negligent errors or omissions. SIGNATURES: Bysigningbelow,thepartiesagree to be bound bythe foregoing Agreement in g � g consideration of their mutual promises. The Agreement shall become effective on the date Client signs the Agreement below. I ' Sincerely, EDLUND ASSOCIATES, INC. by ge44‘," G Id L O�Edlund,ASLA. President We agree to the foregoing terms of this Agreement: • • Owner Date • • • • • 0 CITY 3F RENTON + Planriing/ nildjng/PublieWorks Department Kathy Keolker Mayor Gregg Zimmerman P.E.,Administrator . • ,• . . April 10;2007 . , • Mr.Tom Foster Seattle-Mortgage Co. 6450 Southcenter Blvd: Suite 106 Seattle, WA 98188 • • • . Subject:Approval ofkiEbera-BalkO,Short Plat Wetland Mitigation and Monitoring Plan City of Renton File LUA02-129 • Dear Mr,Foster: • City of Renton staff has reviewed arid approvedTinalWetlarid and StrearnlInffer Mitigation Plan • (dated March27,2007)1 .Froin the Planning Department there are two items needed before you , • may begin construction: • , • 's 1. A surety deviee in the amount of,150%''Of the estimated costs for installation. This includes the amount for installatidn OfplantS;:signs, fences .aS.Well-aS:labor. • 2. Confirmation that the appropriate coriStruCtiOn mitigation measureS:(i.e:, silt fences, etc.) are in place to protect the site's critical areas In addition to the above mentioned items,prior to short plat recording the•following three items • are needed: S • 3. A second surety device equal to•125%of the estimated costs:for maintenance and monitoring of structures, irrigation, labor, improvements, and mitigation required by . permit condition to perform satisfactorily for a minimum of five years after they have • been completed In order to provide you with the amount of security riecessary for the maintenance and of the wetland mitigation plantings, and fencing, we will need a copy of the signed Maintenance and monitoring contract(s)for this work. The scope of the'contract(s)must clearly cover the cost of plant maintenance and replacement as well. As soon as this_surety device is received,the surety device will be returned. - , , ! 4. Confirmation that the area has been placed in a Native GroWthPrOteetionEasement (NGPE) on the final plat map • _ - • • .• ' • • - •. • . . • . _ • , . • _ :- RENTON - 1055 South Grady i );4.geritog,Washington 98057 . - AHEAD OF THE CURVE it 70.11-kpapbr9bilithins 50%recyeled material;30%post consuinef • • • 5. A certificate of installation from:your:wetlands biologist, verifying that the mitigation " measures are in.place,and the monitoring period can begin: As soon as the:first'two items are verified,and the appropriate permits have been obtained,please coordinate with the project•marlager Arneta Henninger in order to:begin construction. 'I've': • "::enclosed for your reviewexainples ofsurety devices;as'a reminder,:the City of Renton does not - .- . accept.,bonds. ' • " I look forward to receiving this infortnatiori as soon as possible so your remaining perniits and'" short plat.approval can beprocessed quickly. Please contact:me with any questions (425)430= . " 7270. 'Gerdy, • Andrea Petzel • cc: " City of Renton File`.U0A02=r29.° . ''•`'' ''>"' Jennifer-Henning;ciirrerAPlanping lvlanager':`< ..;. ,. Arneta Henninger;OigineetingSpecialtit Ga _ <'i s. 'R;,, Per Johnson Biologist,Shannon.&V.Vilson:.u<f, -a?%:- ' ' ','=a ." Katie Walter;Natural;Resource'"Managei\i§i'ainnon&;;Wilson I �Y 01. CITY )F RENTON ♦ Planning/Building/PublicWorks Department Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator March 14, 2007 Tom Foster Fourth Avenue Associates,LLC 6450 Southcenter Boulevard, Suite 106 Seattle, WA 98103 SUBJECT: Changes to the Ribera-Balko Buffer Mitigation Plan Ribera-Balko 'City of Renton File LUA02-129 Dear Mr. Foster: I have reviewed and the Buffer Mitigation Plan for the Ribera-Balko short plat and request that the following changes be made prior to approval of the plan: 1. Mitigation has been addressed for the southwest side of the detention pond that borders the wetland, but landscaping for the rest of the pond is required. During our preliminary meetings,we discussed the need for all sides of the pond to be landscaped to the best extent possible for integration with the wetland habitat, and to create an attractive stormwater detention pond. Special care should be given to the side of the pond that borders the residential units. Please add the additional planting details to the wetland plan sheets,or submit a separate landscape plan for City approval before beginning any work on the plant installation. 2. A cedar split rail fence shall delineate the boundary of the critical areas, with signs indicating the presence of a stream or wetland. The fence will start at NE 4th Street and run along the edge of the buffer,around the stormwater detention pond and around Wetland B. Signs should be spaced at a reasonable distance from each other,perhaps one every 75 feet(or I'm open to suggestions from your biologist). I have a template for a sign that I can send to you,but there should be a specific sign indicating the presence of Maplewood Creek(i.e. the name of the creek on the sign)along the sidewalk of NE 4th Street. 3. Please provide fence details for City approval with the landscape plan for the rest of the stormwater detention pond. Because the stormwater pond infringes on the wetland buffer and borders a residential unit,the design of the fence around the stormwater pond should be integrated with the split rail fence, and should not be a 6' non-coated chain link fence. 4. The split rail fence and the location of the signs need to appear on the plan sheets for the Conceptual Buffer Mitigation Plan and should be addressed in the body of the report. v. RENTON 1055 South Grady Way-Renton,Washington 98057 1,::* This OF THE CURVE This paper contains 50%recycled material,30%post consumer 5. Page 7, Section 9.0: Any reference to the monitoring timeframe or monitoring reports should read: "required quarterly for the first year and annually thereafter, for a minimum of five successful years of maintenance and monitoring". 6. Page 7, Section 9.0, Bullet 2: How many monitoring locations will there be,and where are they located? Please address that in the report and indicate the presence of the monitoring locations on the plan sheets for the Conceptual Buffer Mitigation Plan. 7. Can the annual performance standards apply to the quarterly monitoring reports that are required for the first year of maintenance and monitoring? If so,please note. If not,please provide some quantifiable way to measure the success of the mitigation project throughout the course of the first year of quarterly reports. 8. The legend on the plan sheet titled Conceptual Buffer Mitigation Plan should include the symbols for Maplewood Creek and it's tributary. 9. You will need to provide two surety devices,one for wetland installation, and the other for maintenance and monitoring. It's most important to get the installation surety device in place as soon as possible so that your work can begin. Please provide me with contracts for the cost of plant installation,labor, fence/sign installation, and work by your biologists. Once I have reviewed the contracts,I will set the surety amount at 150%of the total of these costs, all of which will be released once the work is complete and you provide a supplemental wetland maintenance and monitoring surety device. After these changes have been made and reviewed by City Staff,and your installation surety device has been received,you will be able to record your plat. If you have any questions,please contact me at(425)430-7270. Sincerely, /p Andrea Petzel,Planner Development Services Division cc: City of Renton File LUA02-129 Jennifer Henning,Current Planning Manager Arneta Henninger,Engineering Specialist Katie Walter,Shannon&Wilson Andrea Netzel Kibera Wetland Uelination rage 11 4110 j -LffO2i2-.cJ From: Jennifer Henning To: Foster, Tom Date: 12/22/2006 4:37:03 PM Subject: Ribera Wetland Delination Tom, I've reviewed the most recent wetland determination and conducted a site visit for the Ribera property with Andrea Petzel. The wetland determination prepared by Shannon &Wilson (dated September 7, 2006) is approved. However, we do still need an enhancement and mitigation plan for areas disturbed by construction/clearing/grading activities. I hope this responds to your question. Have a wonderful holiday! Jennifer Toth Henning, AICP Current Planning Manager City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 (425)430-7286 ph (425)430-7300 fax jhenning@ci.renton.wa.us CC: Petzel, Andrea; Watts, Neil FkrNING DEVELOP--O IAt! 2 2007 ! E NN U CITN IF RENTON Planning/Building/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E.,Administrator November 4,200/0 Tom Foster Seattle Mortgage Co. 6450 Southcenter Blvd. Suite 106 Seattle,WA 98188 Dear Mr.Tom Foster SUBJECT: RIBERA-BALKO SHORT PLAT LUA 02-129 4225 NE 4TH ST PLAN REVIEW UXXXXXX RWT 3111 Staff has met and reviewed your latest submittal and has the following comments. A set of redlines has been prepared for your convenience to compliment the written comments. You may pick up the redlines at the Customer.Service Counter here on the 6th floor at City Hall. Storm—Not approved Below are the storm comments on Barghausen's letter dated October 11,2005: 1. Comment#2 -The storm pipe can be left as is. Since the storm drain is located in a private road,maintenance will be the responsibility of the property owner(s)that are served by the private road. Although the pipe system will function hydraulically,it's not good engineering practice to create a situation where there will be standing water in the pipe as sediment will accumulate faster and water will need to be pumped out of the pipe for maintenance. 2.Comment#3 -The engineer provided a backwater analysis as required;however,the assumed tailwater elevation does not reflect the actual hydraulic conditions. For both the 25 and 100-yr storms,the modeled starting tailwater elevation is 381.54 which is the wetpool elevation in the pond. The starting tailwater elevation should be the same as the water surface elevation inthe pond for the 25 and 100-yr storms. For the 100-yr storm,the starting water surface elevation of 385.04. Engineer will need to provide a revised backwater model using the 25-and 100-yr water surface elevations in the pond as the starting tailwater condition. Road improvements.new entrance and channelization plans—Not approved See redlines. Delete the shading,it does not print or microfilm. The new internal road will have a 36' wide pavement section. Whereas you are not required to install a sidewalk on that new road it was noted that the design is showing an extruded concrete 1055 South Grady Way-Renton,Washington 98055 RENTON AHEAD O F THE CURVE This paper contains 50%recycled material,30%post consumer � 1 Ribera Short Plat Page 2 of 2 curb in the detail. It is recommended(see redlines)that if you are going to install a sidewalk that you install a standard curb,gutter section. It is recommended that you carefully go over your plans with your engineer and write a scope of work, identifying exactly what you want to install now,then delete everything on the plans that is not intended for construction at this time. Street Lighting This project did have an approved set of street lighting design. Since the latest submittal did not include a signed print,set it is not certain that the one that was submitted is the one that was approved. If it is(check with the engineer)then the only changes that need to be made then are the adjustments shown on the redlines. Please review the above comments and the redlines and discuss with your engineer to get them started on the corrections and revisions. Then if you and your engineers would like to meet after that please call me at 425-430-7298. Sincerely, ; Arneta J.Henninger 1 Engineering Specialist Development Services D vision It cc: Kayren Kittrick �# ref ' Dan Thompson Nancy Weil g eR . `� Jennifer Henning r lJrti�Y O� Cirri )F RENTON d �� •.4Y�n Y. �� ` _ p Planning/Building/PublicWorks Department bog�—`` 4 �O� Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator �NT June 30,2006 Mr.Tom Foster• . Seattle Mortgage Co. 6450 Southcenter Blvd.-Suite 10.6 Seattle,WA 98188 Subject: Changes to Ribera-BalkoShort Plat Wetland Mitigation and Monitoring Plan - City of Renton File LUA01-129 . Dear Mr.Foster: . • . City of'Renton staff has reviewed the.Stream,Wetland,and Buffer Mitigation Plan by ` ' •Barghausen Consulting Engineers.(dated February 2,.2003/revised May 16,2003)for the Ribera- . Balko short plat and determined that.theifollowing concerns must be addressed prior to receiving ' ' any further construction permits orinspections: , I Revisions to;the Short Plat Map, , . . , _ ' • Map must identify the location of the creek(Centre Pointe Surveying,sheet 2 of 2): . • Add a Native Growth Protection Easement:.(NPGE)to the final short.plat map that - includes all critical areas,including the.creek;Wetlands,and associated buffers. All.areas • not in the.NPGE.(L e.,f lled wetlands).should not:appear-on the short plat map. • ". • Boundaries-on the short plat Map and mitigation map must be consistent(stream buffer,. area,wetlands buffer area,etc). ' . Revisions to the Planting Plan Map ' . • Show the location of required signs'and split rail fences and a detail for each. , , • Objective C and associated performance monitoring criteria.are missing from sheettti.3. • Indicate the twelve habitat features along the onsite stream corridor that are required in • the mitigation plan as compensation for the placement of the culvert along NE 4t Street . (page 9,mitigation plan). • Revise the mitigation map to include the entire site,not just the stream corridor. ,There is a wetland in the southeast•corner that is only partially included on the map,however it shown on the short,plat map as a protected critical area. - • Change map to remove the north/south-running culvert. Only the east/west-running section of the creek along NE 0 may be culverted. Revisions to the Mitigation Report(dated February 2,2003/revised May 16,20.03) • Numbers associated with filled wetlands, created wetlands,and enhanced wetlands must be consistent throughout the entire report and on the planting plan. • Revise all references to monitoring period length to read"a minimum of 5-Year Maintenance and Monitoring". In order for the plan to meet City requirements,all___ _ references to monitoring/maintenance need to be revised to cover a minimum 5-year period. . 1055 South Grady Way-Renton,Washington 98055 R 1\ E lam! T 0 N This paper contains50%recycledmaterial.30%costconsumer AHEAD OF THE CURVE • • Eliminate the Construction and Monitoring Sequencing table on page 17 and revise all references to the first year monitoring schedule to comply with RMC Section 4-8 120D23. This Section requires quarterly monitoring reports for the first year and annual reports thereafter. • Establish quantifiable success criteria for each report based on quarterly monitoring:for the first year and annual reports thereafter. • Page 19.—Removal of Invasive Non-Native Vegetation. Rather than"contacting City of Renton staff to establish and define specific actions to be taken"please propose an immediate course of action to deal with non-native vegetation as necessary(i.e.aerial coverage greater than 10%of the wetland or buffer). • Include a statement that wetland staking will be done in the field prior to installing mitigation work. • If necessary, amend the mitigation plan to include the northwest stream buffer and the southeast wetland bufferif there is hydrologic,continuity(again,the short plat plan and mitigation plan must be consistent). Additional Items•Needed • A surety device equal to 125%0 of the estimated costs:for maintenance and monitoring of structures,irrigation,labor,improvements,.and mitigation,required by permit condition to perform,satisfactorily fora minimum of five years after they have been completed.-:-In' , order to provide you with the amount of security necessaryefor:the maintenance and monitoring of the wetland mitigation plantings;•signage,,and fencing,we will need a copy of the signed maintenance and monitoring contract(s)for this work. The scope of the . contracts)must clearly:cover the cost of plant maintenance and replacement as well: • An irrigation plan as required in the wetland mitigation plan. I.look forward to receiving this_information as soon as possible•so your remaining permits and short plat approval can be processed quickly: Please contact me with any questions : 425:430.7289: • Sincerely, • Andrea Petzel • cc: Katie Walter,Shannon&Wilson,Inc. Per Johnson,Shannon&Wilson,Inc. Jennifer Henning,Development Services . Ameta Henninger,Development Services City of Renton File LUA01-129 ; ._0 , CITY OF RENTON ..il Planning/Building/PublicWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E.,Administrator • • • • • September 30,2005 G(�.r G,Jj_11f JIl Tom Foster- , ,� • Seattle Mortgage Co: 6450 Southcenter Blvd. Suite 106- . . °� %3PP • Seattle,WA 98188 ;, r ,1 . Dear Mr.Tom Foster SUBJECT: . RIBERA-BALKO SIHORT.PLAT LUA 02-129 4225 NE 4TH ST` . PLAN REVIEW UxXXXXXRWT 311 Staff has Met and reviewed,your latest submittal and has the,following;comments. • Storm--Not approved : . . Belo*•are the storm comments on the.:revisedpond design<dated-9/13/05: 1.. Once the building footprint(s)and road:alignment are established,;the engineer.will.need.to _ include in the drainage report a site drawing that delineates the roof:area.for each building or • structure; area for proposed access'.roads(and_driveways;andlan•dscapedarea. These areas must be identified using shading or with a,solid boundary line,:::The quantity of impervious and. pervious area must be shown next to tie delineated area. The actual•impervious.:area to be constructed on the site cannot exceed what was assumed for the sizing of the pond.. 2. The storm system in the private access road between CB#2 and CB#4 is set too low. The • revised invert elevation of the-pond control-structure is 381.54. The-invert elevation of CB#4 ' . which is just upstream of the control structure is set at 378:50 or 3.04.•feet"lower then the control ' structure. •This is not acceptable: The:section of pipe between CB#2 and CB#4 should be raised to match in"with elevation 381.54.on the downstream end., • ; . 3. The drainage report does not include the backwater analysis of the conveyance system in the access road.. The only analysis included in the report is a design flow calculation using the rational Method. The backwater analysis is needed to determine the water surface elevations in the structures using the flows generated froni the rational method table. The conveyance system water surface elevations for the 25-yr-design storm must not exceed the manhole rim elevation. The 100-yr design storm water surface elevations must remain within the confines of the road and not flow into adjacent properties. 1055 South Grady Way-Renton,Washington 98055 . K E N T O N a5This paper contains 50%recycled material-fin oostconsumar - AHEAD OF THE CURVE .\ . • 'Ribera Short Plat Page2of3 . 4. The-plans show a.36" storm pipe connecting an existing 36"pipe that crosses NE 4th.St.to a . ' discharging to.a.ditch at the northwest corner of the site. The engineer will need to verify that it: has the capacity to convey the 100-yr upstream tributary flow from the:36"pipe as well as the 18"pipe that discharges from the east at CB#7. Another words;the combined flow from th• e 36=.` • I •' . . " :and 18"pipes entering CB#7 cannot exceed the capacity of,the proposed 36"piper:Based,on the ' • • upstream analysis for the east basin,approximately 41 cfs will discharge from the 36"pipe. A-.. similar analysis for the 18"pipe is also.required...Tlie.design c•apacity of the• proposed 36"pipe is ' . 50 cfs leaving a:difference of 9 cfs.:If the runoff from area tributary to the 18"pipe exceeds 9 efs. ' :then the proposed 36"pipe will need to be upsized'to 42" or possibly 48".diameter pipe. 1; I - : 5: Based on the design•drawings, Some if not all the cul de sac at the,south end:of the property, - ` appears to drain to CB#5which discharges:dir-ectly to the pond outfall downstream`.of the:Pond•', - and thus:will not be treated or detrained. The•engineer will need to-provide water quality " - treatment and detention for.this area by making a connection to CB#5-to CB#4.:, : ii • .6. The design plans show road imP rovernents_alori the.NE 4th Stre et frontage: Its not al P . g. . eariri : :.; the drairiage;report;whether this area'which is,copposed`of asphalt,and.sid'ewalk'is additional ';:` ' .impervious area or not. The design;plans"show-thatmostofthe frtiptage will;bypass:the pond , and discharge to C$#7:' If this arearegtiires treatment and flow;;cOritirol then it must be ' ' : . = redesigned:to drain to the.pond. • .. , -The engineer needs'to.sibmit a.detail of tleproposed•wall:to theePost 001ce. This detail.needs - .to call out Top and Toe Elevations ir(add tioulo e:manufacture.'.s specifications: " • - The plans need to include a•.cross section;and profile of.the entrance to:the:Post Office. . , The plan'also;needsto include,the.elevations,detail and specifications for the wall around the - detention pond: n . : , - Call out.the.RandDelta for the curb returns at;t_heiNE'4th St entrance and at the access road.'-: t After reviewing the plans it appears that ponding.will occur at:the curb°line:of the new entrance • road hear the first vertical PI. We suggest that you revise the roadway section to slope to one: side only. Review arid revise roadway`section:ands drainage accordingly: • : , ' The next submittal needs to include.a waterline profile showing:the crossing of the '•' _ telecommunication lines located:approxiinately.7 feet south of the existing.water..line in'NE 4th _ !1 S • t. . • ! . Note that all fire hydrants require a minimum of 3'i,clear-ance on all sides. . The filling of the wetlands is not approved: Pleasenote that the wetland plantings need to be. done prior•to'recording the short plat. 1 I Per the October 11,2004 letter signed by Jennifer Henning if the final short plat approval is not completed by December 5,2005 it will expire and cannot be extended again. In order for this ' short plat to be completed it shall be required to complete all off-site construction improvements 1, Ribera Short Plat t Page 3 of 3 _associated.with NE 4th St and the northeastern drive. Please:refer to your Administrative Land Use Action Decisions. If the criterion of the short plat cannot be met by December 5,2005;:then : you will need to reapply for the:short plat. • • Please me:at 425-430-7298 if you-have any questions: • Sincerely; :' • • Arneta J:Henninger • Engineering Specialist • Development Services.Division,• • cc: Kayren Kittrick. ry .. :. • Darr Thompson. 5 Nancy Weil nti. 1, 0 Jennifer Heriniig ; .` • • • CITY OF RENTOT PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 9,2005 TO: Jennifer Henning FROM: Arneta Henninger X72 g 98 SUBJECT: RIBERA Tom Foster has submitted the attached drawing prints and a copy of the Final Compensatory Action Program Stream, Wetland and Buffer Mitigation Plan revised May 16, 2003. Please review and comment. Thank you! Please call if you have any questions. cc: Kayren K. Nancy W. Na 7P f °) 774 ' se (70 5671-ark f 5-0 ePo - eimkike - e LSa-4(6)-ske f� �. 0 I:\memo.doc\cor Jon K. Dueker Certified Wildlife Biologist Professional Wetland Scientist 15612 158th Ave NE Phone:(425)489-0790 Woodinville,WA 98072 Cell: (206)954-0422 June 1, 2005 Mr. Tom Foster % Seattle Mortgage 6450 Southcenter Blvd., Ste. 106 Seattle, WA 98188 RE: Ribera-Balko Short Plat Dear Mr. Foster: Per your instructions I have reviewed the Renton Municipal Codes relevant to my finding that a small wetland on this site would be classified as an isolated non-regulated wetland (Dueker, April 1005). The specific codes dealing with this question are RMC 4-3-050.0 and Ordinance 5137. As the wetland in question is a Category 3 and is less than 2,200 square feet it meets the exemption criteria. In addition, the current wildlife habitat provided by this isolated wetland is minimal and would not be considered critical habitat. In my understanding of the Renton Ordinances this wetland would not be regulated. If you or the City have additional questions, please feel free to call me. Sincerely, Jon K. Dueker Consulting Biologist _ From: Jennifer Henning To: Henninger, Arneta Date: 01/19/2005 3:33:53 PM Subject: Re:WETLAND MITIGATION PLANS RIBERA Arnie, There should be a copy of the conceptual Wetland Mitigation Plan in the Short Plat file. The plan may not have been approved in final form yet. Could I see the 2 versions that you have in your file? Then perhaps I can reconstruct where we are on this project. The planner that manages the project should be the person to review the wetland mitigation plan and determine whether it is approved. We have the option of sending out our on-call consultant if we have outstanding concerns that staff can not resolve. Jennifer Toth Henning,AICP Principal Planner City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 (425)430-7286 ph (425)430-7300 fax jhenning@ci.renton.wa.us CC: Kittrick, Kayren; Thompson, Dan HY-'1AULIC PROJECT APPROV"11, State of Washington D d RCW 7...,_;.100-appeal pursuant to Chapter 34!- _.;CW Department of Fish and Wildlife Region 4 Office /464'�� Maid 16018 Mill Creek Boulevard 7!/ WED1117 Mill Creek,Washington 98012 DATE OF ISSUE: September 9.2004 LOG NUMBER: ST-G1585-01 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Lindlay Venture Group Not Applicable ATTENTION: Tom Foster 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 800 9959-0122 PROJECT DESCRIPTION: New Permanent Fixed Fresh Water on Bed Plastic Water Crossing Structure Culvert Not Fish Passable,Angular Rock Outfall,Wetland Fill, and Mitigation PROJECT LOCATION: Southeast quadrant of the intersection of Northeast 4'h Street and Union Avenue Northeast,Renton, Washington/47.48845 North Latitude, 122.16395 West Longitude # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0302 Maplewood Creek Cedar River NW 15 23N 05E King NOTE: This culvert is proposed in a location where fish passage is not a concern. PROVISIONS 1. :TIMING LIMITATIONS: The project may begin immediately and shall be completed by September 30,2008, ;provided that work within the ordinary high water line(OHWL) shall occur only between June 16 and September 30. 2. Work shall be accomplished per plans and specifications entitled,"NE 4T"STREET ROAD IMPROVEMENT PLAN RIBERA-BALKO SHORT PLAT", last revised April 21,2004 for the culvert and outfall work;"RIBERA PROPERTY CITY OF RENTON PLANTING PLAN DETAILS", sheet 1 dated May 15, 2002 and sheets 2 and 3 dated March 25,2002;and"FINAL COMPENSATORY ACTION PROGRAM STREAM, WETLAND,AND BUFFER MITIGATION PLAN RIBERA PROPERTY,CITY OF RENTON, WASHINGTON", dated February 2, 2003 REVISED May 16,2003, submitted to the Washington Department of Fish and Wildlife(WDFW),except as modified by this Hydraulic Project Approval(Provisions 3 and 4). These plans reflect design criteria per Chapter 220- ,110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A 'copy of these plans shall be available on site during construction. 3. The mitigation plan referenced in Provision 2 states in the third paragraph of page two that the WDFW Area Habitat Biologist(AHB)"...noted that the site did not contain wetlands."in 1995.. This appears to reflect a misunderstanding, since it has been the understanding of the WDFW AHB for as long as he has worked on the project site that the site ;contains wetlands through which Maplewood Creek flows. The mitigation plan,as reflected in the above-referenced planting plan details, falls short of meeting a minimum 2:1 replacement ratio for wetland impacts required by WDFW; therefore,the area of"RESTORED&ENHANCED WETLAND"on the east side of the stream shall be extended all the way to the south property line. The required number of trees and shrubs in that category shall be multiplied according to the pertinent ratio for the additional area(at least doubled). There is also a misunderstanding on page 7 of the mitigation plan,where it is stated"As defined by the Washington Department of Fish and Wildlife a HPA is required for all activities waterward of the ordinary high water mark of a stream." This statement is incorrect. Page 1 of 4 Hsi---LAULIC PROJECT APPROV ' 7, State of Washington #` d RCW 7'/.00.100-appeal pursuant to Chapter 34.1_ -_CW Department of Fish and Wildlife F� 16018 Mill Creek Boulevard Region 4 Office , Department,/ Mill Creek,Washington 98012 DATE OF ISSUE: September 9. 2004 LOG NUMBER: ST-G1585-01 Activities which require an HPA are defined in RCW 77.55.100 and WAC 220-110 and generally are activities which affect state waters, including streams, lakes,ponds,marine waters,and their associated wetlands. These activities are not limited to within the OHWL. 4. To mitigate for impacts on the stream, a minimum of 12 pieces of large woody material, as shown in the planting plan details(Provision 2)shall be placed within the stream channel. 5. If the stream is flowing at the time of construction,the culvert and outfall shall be installed in isolation from the flow by temporarily bypassing the flow around the work area. 6. Fill associated with the culvert shall be protected from erosion to the 100-year peak flow. 7. Disturbance of the streambed and banks and wetlands and associated vergetation shall be limited to that necessary to install the project. Prior to the first December 31 following project grading work,the approved mitigation plans (Provision 2)shall be installed. Plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival. 8. If at any time, as a result of project activities,fish are observed in distress,a fish kill occurs,or water quality problems develop(including equipment leaks or spills), operations shall cease and WDFW at(425)649-7042 and Washington Department of Ecology at(425)649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 9. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include,but are not limited to, straw bales,filter fabric,temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 10. Prior to starting work,the selected erosion control methods(Provision 8) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 11. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to remove fine sediment and other contaminants prior to being discharged to the stream or its associated wetlands. 12. All waste material such as construction debris, silt,excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 13. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 14. Extreme care shall be taken to ensure that no petroleum products,hydraulic fluid, fresh cement, sediments, sediment- laden water, chemicals,or any other toxic or deleterious materials are allowed to enter or leach into the stream or its associated wetlands. SEPA: MDNS by City of Renton, final July 15, 2002. APPLICATION ACCEPTED: September 9,2004 ENFORCEMENT OFFICER: Chandler 134 [P3] Page 2 of 4 ,-� \ HY- ,AULIC PROJECT APPROV A T State of Washington 1 d RCW 7',.„.100- appeal pursuant to Chapter 34.( CW Department of Fish and Wildlife RegPISHaM 1n 4 rice �� 16018 Millll Creek Boulevard WILDLIFEMill Creek,Washington 98012 DATE OF ISSUE: September 9, 2004 LOG NUMBER: ST-G1585-01 Larry Fisher (425)649-7042 ,,, for Director Area Habitat Biologist WDFW GENERAL PROVISIONS This Hydraulic Project Approval (HPA)pertains only to the provisions of the Fisheries Code(RCW 77.55 -formerly RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s)to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred • dollars per day or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 77.55.100 or 77.55.200 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.110 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170. APPEALS-GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100, 77.55.110,77.55.140,77.55.190,77.55.200,and 77.55.290: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a HPA,or the conditions or provisions made part of a HPA;or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not,you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North,Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Page 3 of 4 • HS CAULK PROJECT APPROV' T, State of Washington 70 d RCW 7,.00.100-appeal pursuant to Chapter 34.1____,CW Department of Fish and Wildlife FISHY+ Region 4 Office Creek Mill Creek Boulevard ,w, WILDLIFEMill Creek,Washington 98012 DATE OF ISSUE: September 9.2004 LOG NUMBER: ST-G1585-01 Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal,a formal appeal may be filed. B. FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties;or (C) Any other"agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife,600 Capitol Way North,Olympia,Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL"and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. 'FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.110,77.55.200,77.55.230, or 77.55.290: A person who is aggrieved or adversely affected by the denial or issuance of a HPA,or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings,Office,4224 Sixth Avenue SE,Building Two-Rowe Six, Lacey, Washington 98504;telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 393,LAWS OF 2003: A person who is aggrieved or adversely affected by the denial or issuance of a HPA,or the conditions or provisions made part of a HPA may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 393. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 A.# " CITY JF RENTON • • Planning/Building/PublicWorks Department Gregg Zimmerman P.E.,Administrator Kathy Keolker-Wheeler,Mayor October 11, 2004 C. Thomas Foster Langley 4th Avenue Associates, LLC 6450 Sbuthcenter Blvd • Suite #106 Seattle, WA.98188 , - SUBJECT: RIBERA-BALKO SHORT PLAT EXTENSION REQUEST:(LUA 02-129) Dear Mr. Foster: This office has reviewed your request to extend an approved short plat (File No. LUA02- 129) pursuant to RMC 4-740701A Specifically, the municipal code allows the original approving body to issue a single one (1) year extension. -, As the decision was issued on December 5, 2002; your request is timely. Further, as you noted in your correspondence that you are currently completing the short plat requirements; however, you were delayed:aPs,a result of requirements for the FIPA permit, it appears reasonable to approve the requested extension: You should be aware this office is empowered to issue.only one such extension If the final short plat approval is not completed by December 5, 2005. itwill,exPire and cannot be extended again. Please feel free to contact Jason Jordan at (425) 430.-7219 should you have any further question's or comments regarding this extension. Sincerely, . . VAA6 for keit pit Neil Watts Development Services Director CC: File • • • 1 • HADi'vision.s\Devilteirovifipbgedirttykt6uniediokkeitild;sVittesietcusiuu duoRENTON . • AHEAD OF THE CURVE ejk This paper contains 50%recycled material,30%post consumer Il A4 CITY OF RENTON September 22, 2004 RECEIVED 0 5 2004 Neil Watts Director,Development Services BUILDING DIVISION City of Renton 1055 South Grady Way, 6th Floor Renton, WA. 98055 -1Z9 Re: Extension Ribera-Balko Enterprises Short Plat,LUA-02-SHPL-A To Whom It May Concern: The Ribera-Balko Short Plat received an Administrative Approval on December 5, 2002. Several conditions of the short plat, including an Access and Easement Development Agreements with the US Postal Service,were required prior to construction. These agreements were finally signed on March 9, 2004. A delay in construction was due to final approval of the engineering drawings and an HPA permit from Fish and Wildlife.These conditions are now complete. However, the two years from the approval date,December 5,2002 will most likely arrive prior to completion of all construction required to finalize the short plat. The permit to start construction was issued today,September 22,2004. However, we anticipate that construction will extend beyond December 5,2004 and all work to complete the HPA Permit not completed prior to September 30, 2004 must wait until June 15, 2005 (due to Salmon Migration). Our plan is to complete all work for the HPA Permit next to NE 4th Street by September 30 to allow completion of all frontage improvements along with the remaining construction within the next Ninety days. The balance of the HPA permit can be completed shortly after June 15,2005. Therefore,we request a one year extension to December 5, 2005 to complete all approval requirements of the short plat. If there are any questions, please contact Thomas Foster at 206-244-0122. Thank you for your consideration of this request. We look forward to your response. Sincerely, C. Thomas Foster Langley 4th Avenue Associates, LLC AFTER RECORDING RETURN TO: Thomas F. Peterson Betts, Patterson &Mines, P.S. One Convention Place, Suite 1400 701 Pike Street Seattle, WA 98101-3927 20040309002194 OKANE EAS 28.00 PAGE001 OF 010 03/09/2004 13:00 KING COUNTY, WA • ACCESS EASEMENT AGREEMENT Grantor: Ribera-Balko Enterprises Family Limited Partnership Grantee: United States Postal Service Abbreviated Legal Descr.: East 1/2 of NW 1/4 of NW 1/4 of NW 1/4, Sec. 15, T23N,R5E, W.M. (Complete legal description on Exhibit A) Assessor's Tax Parcel No.: 5128210-0020 THIS EASEMENT AGREEMENT(this "Agreement") is made this t�— day of 2004, by and between Ribera-Balko Enterprises Family Limited Partnership, dWashington limited partnership, ("Grantor") and United States Postal Service, an independent establishment of the Executive Branch of the United States Government, ("Grantee"), with reference to the following facts: RECITALS A. Grantor is the owner of certain real property located in the City of Renton, King County, Washington described in the attached Exhibit A ("Grantor's Property"). B. Grantee is the owner of certain real property in the City of Renton, King County, Washington, described in the attached Exhibit B ("Grantee's Property"). C. Grantor seeks approval of a short plat application from the City of Renton("the City"). The short plat application is known as LUA-02-129 ("the Short Plat Application"). When approved and recorded, the Short Plat Application will subdivide Grantor's Property into two lots, referred to in the Short Plat Application as "Lot 1" and"Lot 2." 216967/120203 1701t71570001 -1- D. The City has placed a condition on the granting of the Short Plat Application that Grantor enter into an easement agreement with Grantee that will create a joint access route providing access to Grantor's Property and Grantee's Property as depicted in the plans of the Short Plat Application. The easement would be located entirely upon Grantor's Property. E. A second condition imposed by the City on the Short Plat Application is the construction by Grantor of certain off-site improvements as depicted in the plans, including certain improvements to Grantee's Property. The improvements include the elimination of the current street access to Grantee's Property. F. Grantee has agreed to allow the closing of its existing access as required by the City on the condition that Grantor perform the off-site work required by the City for approval of the Short Plat Application and grant the easement set forth herein. Grantor desires to grant the easement rights contained herein to Grantee in order to obtain approval of the Short Plat Application. AGREEMENTS NOW, THEREFORE, for good and valuable consideration,the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in this Agreement by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, its, grantees, successors, and assigns, for the benefit of Grantee's Property, a permanent, non- exclusive easement over and across that portion of Grantor's Property ("Easement Area") described in Exhibit C and depicted in Exhibit D attached hereto and incorporated herein by this reference, for vehicular access, ingress, and egress. No obstructions of any kind whatsoever shall be allowed within the above-described property that would materially impede ingress and egress for the purposes herein defined, either during construction or after completion of construction. Grantor, or a subsequent owner of Lot 2, may grant to the owner of Lot 1 easement rights to the Easement Area not inconsistent with the easement granted herein. USPS shall not use (or allow use of)the Easement Area for any purpose not expressly permitted herein. 3. Condition. The effectiveness of this Agreement and the rights granted herein are expressly conditioned upon the approval by the City of the Short Plat Application and recordation thereof by Grantor within 12 months of the execution of this Agreement or such additional time as may be agreed to in writing by the parties. If the City does not approve said application or Grantor does not record it within said time or extended time, then this Agreement shall be null and void. 216967/120203 1701t71570001 -2- 4. Maintenance. Grantor shall undertake all maintenance and/or repair of the Easement Area that it deems necessary in its reasonable judgment at its sole cost and expense. Grantor shall not be responsible for maintenance of any portion of Grantee's Property, including areas where Grantor may have performed off-site work pursuant to the Short Plat Application or a separate agreement. 5. Insurance. Grantor and Grantee shall include the Easement Area in its policies or other coverage for comprehensive general liability and property damage insurance in effect with respect to their respective properties. Grantee's insurance policies for the Easement Area shall include Grantor as an additional insured. Grantor and Grantee waive their respective rights of recovery against each other, including rights of subrogation claimed through them, for any loss to the extent insured by any insurance policy required above. Each owner shall obtain from its respective insurers written and binding approval of such waivers. Grantor and Grantee acknowledge and agree that the Postal Service is self-insured and that this provision shall only apply to any subsequent owner of Grantee's property. 6. Enforcement. In the event of a breach of any of the covenants or agreements contained herein, in addition to damages, each party shall have the right to specific performance, injunction and such other equitable relief as may be appropriate to remedy any violation or threatened violation of this Agreement. 7. No Public Rights. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Easement Area or either parties' respective properties. No easements, except those expressly set forth herein, shall be implied by this Agreement, and no other easements for signage or other utilities are granted or implied. 8. Amendment. The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of the parties, evidenced by a document that has been fully executed and acknowledged by the parties and recorded in the official records of the County Recorder of King County, Washington. 9. Consents. Wherever in this Agreement the consent or approval of a party is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. 10. No Waiver. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 216967/120203 1701 t715 70001 -3- 11. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint ventures or of any other association between the parties. 12. Covenants to Run with Land. It is intended.that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real properties benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors and assigns. 13. Time of Essence. Time is of the essence of this Agreement. 14. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 15. Notices. Notices or other communications hereunder shall be in writing and shall be sent via certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party may change from time to time its respective address for notice hereunder by like notice to the other party. The parties' initial notice addresses are as follows: Grantor: Ribera-Balko Enterprises 16400 Southcenter Parkway, #308 Seattle, WA 98188 Attention: Diana Ribera Grantee: Western Facilities Service Office United States Postal Service 8055 E. Tufts Ave., Suite 400 Denver, CO 80237-2881 Attention: Candace Kinne 16. Governing Law. This agreement shall be governed by the laws of the State of Washington. 17. Estoppel Certificates. Grantor and Grantee shall, from time to time,upon written request from the other property owner, execute, acknowledge, and deliver to the requesting owner or its designee, a written statement stating that the easements and other covenants provided for in this Agreement are in full force and effect and have not been supplemented or amended in any way(or specifying the date in terms of the agreement so effecting this Agreement); that this Agreement represents the entire agreement between the 216967/120203 1701 t71570001 -4- parties as to the easements and covenants established herein; that all conditions under this Agreement to be performed by the party have been satisfied, including, but without limitation, all maintenance and repair obligations, that all required contributions by an owner for repair or maintenance and that on this date there are no existing claims or defenses against any owner, as applicable. It is intended that any such statement delivered pursuant to this section may be ' relied upon by a prospective purchaser of a Parcel or holder of any mortgage upon a Parcel. The owner providing the statement shall do so within a reasonable time, which shall not exceed 15 days from the date of the actual or constructive receipt of the request. 18. Authority. The undersigned certify and warrant that they are fully authorized to enter into this Agreement and to bind said party if executing in a representative capacity, including that the United States Postal Service has obtained any and all administrative and/or ' legislative approval necessary to bind the United States Postal Service as a branch of the United States Government. DATED this/d' day of , 2004. GRANTOR: GRANTEE: RIBERA-BALKO ENTERPRISES UNITED STATES POSTAL SERVICE, FAMILY LIMITED PARTNERSHIP, an independent establishment of the a Washington limited partnership Executive Branch of the United States Government • By./ By \kink% D ana Ribera Its 6 ; -fiV�'Jai- occ c Q� Its General Partner 4 STATE OF WASHINGTON ss. COUNTY OF l` IC ) V) On this IU day ofd)Ya'y) .2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Diana Ribera, to me known to be the General Partner of Ribera-Balko Enterprises Family Limited Partnership, the partnership that executed the foregoing instrument, and acknowledged the signing of said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. 216967/120203 1701t71570001 -5- i - IN WITNESS WHEREOF I have hereunto my h and affixed my official seal the day and ear first above written. THOMAS F. PETERSON 'Lf, " NOTARY PUBLIC N to ryPublic in and for the SAto of Washin ton STATE OF WASHINGTGN Printed Name: cas F' COMMISSION EXPIRES Residing at: APRIL 9, 2005 My appointment expires: `7'/9/o c STATE OF C'.e- ��((rE `.• ss COUNTY OR6 l)t.fi yr . On this)o day ofi &'-2004, before me, the undersigned, a Notary Public in and for the . State of e_gt-to , duly commissioned and sworn,personally appeared • .4X/i/4 ft to me known to be the611 'ta c 6,;e. of the United States Postal Service,the entity that executed the foregoing instrument, and acknowledged the signing of said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. tary Public in and for the State.of (_ via!% . inted Name:( l C'X-r t1 1).7 (', i11-kL..-J(' o0Q,�P....... /14 NA Residingat: i i i i) i 0 i j:tp I I My appointment expires: .i�� _ 1'/ ,L a ;--- '‘ C\` OLOPr 2 1 69 6 7/1 20 2 03 170I t71570001 -6- • I EXHIBIT A Ribera-Balko Property Parcel A of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005, records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. 210373/012004 0937/71510001 EXHIBIT B United States Postal Service Property Parcel B of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005, records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. • • 210374/012004 0937/71510001 RINU • IIW-kUf /\ivu U I U. J%4•29(2?- CC.'O - ``=74._1 " -3 t Ex--- am(`?;�. I C 10, TYPE 1 -____ PER CITY q '�_ J_1____l ._1"-----------------------------------------. --✓SEWER UANHO r .__,�___--------• KIM, .A6.R� ` 0- ; i.� NC- CU D T � a - �• Sir .r "� • a ,r•1 • , �' :••'yji-T r.^"•7 J61�4 _ �; ♦ 5( " tea_ • 1 •�•.--t - < C``Y`,'' • L'I? 65 S�.=, ~�=-C,�' ►•rrrss;r-° �' •.�.['�a .il� is C. :toter � £e�1 // , `4" . ,t.s-Tr,,,, ,�;��— = 03•`V•••. tee-. FC ., •a 1� STORM T 10 ,.,,' t , F-•- i r� ` ,h, T `___- �==z ti pT1Gfe{e , , I 1 ,� :T.;; 0 ` .1 4,� s r Sr - , 7e' -. , : F' #EM= bb'8L�.84 v- ,) i ���/CB TYPE 1,14.,'ryi'ij llt 1t=J�. 5I v '• /� =1 YV �� RIM--388.4 ' _ , r.;,\1^ ;-�� is r +`— g.Zj�r:2►, . IE .4 ( .1� i �(: j - �a- , • Q�S E �es _f " 12` 1�0 :tiSe �`I- �; r 1 i t t.. ��r 51!St` .4 ,, 0' I n.L11V _ 1- f 11 1 "``,•it/ t Y� 1,�� j• ,, 1 1 44 LI 19 e... ; ,„,&:; / .:,.''' )t 4 Ito tr Aiii sio41.4 ,O,0.5oxil • E...* .313 i , 36'fINT ACC�.� �� e:' ;>~- — -� ��' EASEM s: ';_; >L. ►' 1 ---� kS STORM i• L.', ;'.._ t CB - ,t` 1 EME7�TI j 1:'I' ��f tE— 4. — ,�� M r. U� NI .`l • I \/I i 1 1 � < �., s y •O t 1 ) ,�• S ,, / �----.__�� t Il r aR �.`_5(15�' P'vUS -.., I a EY GRADE 1 r, ',- i „\.4 _ ., , NEIN_r_ ••-- . iF 8"SS MAIN 0.5R — , - ° ► .� _: . ' A► ; 1 ,� EXHIBIT C • • EXFIIBIT D JOINT ACCESS EASEMENT That portion of Parcel A of City of Renton Lot Line Adjustment No. LUA99075LLA, City Land Record No. LND300193, filed under King County Recording No. 19990623900006, Records of King County, Washington; • BEGINNING at the Northeast corner of said Parcel A; THENCE North 88° 03'09"West, 34.00 feet along the North line of said Parcel A; THENCE South 01°56'51"West, 225.00 feet; THENCE South 88° 03'09'East,38.52 feet to the East line of said Parcel A; THENCE North 00° 47' 46" East, 225.05 feet along said East line to the Northeast corner of said Parcel A and the POINT OF BEGINNING. • • • • • • • Project Name: Ralko Renton Site April 8,2002 DJSJath 75461.001.wpd 0 p`, CITY `IF RENTON 1 '^i• l lannin Mii\�Iln g/B g/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator December 27, 2002 Tim O'Kane Insignia Kidder Mathews 411 108th Avenue NE, Suite 201 Bellevue, WA 98004 SUBJECT: Ribera-Balko Enterprises LUA-02-129, SHPL-A Dear Mr. O'Kane: This letter is to inform you that the appeal period has ended for the Administrative Short Plat approval. No appeals were filed. This decision is final and you may proceed with the next step of the short plat process. The enclosed handout, titled "Short Plat Recording", provides detailed information for this process. The advisory notes, Property Services comments, and conditions listed in the City of Renton Report & Decision dated December 5, 2002 must be satisfied before the short plat can be recorded. If you have any questions regarding the report and decision issued for this short plat proposal, please call me at (425) 430-7219. For questions regarding the recording process for the short plat, as well as for submitting revised plans, you may contract Carrie Olson at(425)430-7235. Sincerely, Jason Jordan Associate Planner cc: Ribera-Balko Enterprises/Owner Dan Balmelli/Contact Janet Hatch/Party of Record • FINAL.DOG 1055 South Grady Way-Renton,Washington 98055 RENTON CO This paper contains50%recycled material.30%post consumer AHEAD OFF THE CURVE CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE:BY MAILING On the to day of DeCerb.v , 2002, I deposited in the mails of the United States, a sealed envelope containing R. .p ort d- Dec.i ss ort documents. This information was sent to: Name Representing �►14P y V 5 S vt Q Y J' p I J c t27`/Con Ti. teti fl ' 1Zec rt-e-- , pil (7 .74- DR 13a /g..P14 I Ll (tO l E4 A- j. p. o. 02 _ (Signature of Sender) - STATE OF WASHINGTON SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that 4. ✓e, Lae$cr u cJ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: /2 l 1 02 • tp Publi n and for the State of W W. ington . MARILYN KAMCHEFF NOTARY PUBLIC Notary(Print) MARILYN KAMCHEFF STATE OF WASHINGTON ' My appointment expia pP0INTMEntT t XF'IHf=S-629-03 COMMISSION EXPIRES JUMP 2ck 2ong Projgct1vamh: v -- _ _ Ri be✓a_- Balko S Plat Project Number: Lt i4 62- t29 4 SN PL.-i1 NOTARY.DOC I / : ' , ' - /, D E ; :;LI :O : : F SURROUNDIN PROPER . PROJECT NAME: Ribera/Balko Enterprises Short Plat APPLICATION NO: LA4.4 - Oa, - i a' SI-f?L A The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER See attached list. DEVELOP R� ONNING (Attach additional sheets, if necessary) I- Applicant Certification I, BETS'/ U"I , hereby certify that the above list(s), of adjacent property owners (Print Name) and their addresses were obtained from: L7 City of Renton Technical Services Records Title Company Records King County Assessors Records Signed i Date II 7/oa pplicant) m gT UBF`�el NOTARY ���••�ssioN•• '¢y t ;Q`r: A��o: G�i oNorA ATTSTED:� Subscribed and sworn before ne, a Notary Public, in apdd fo�wt�he-tate o '\ iington, residing at QhN,.. on the 1 day of f\c-\<3,Q.AY ' PVel lc , '#3 . /tl •• G 9_p 2 •��� < 9 Signed: kV �l\R���L"' `diOFWASN��yG (Notary Public) • ****For.City of Renton Use**** MARILYN KAMCs IEFP ► CERTIFICATION OF MAILING NOTARY PUBLIC c> STATE OF WASHINGTON ; I, �o\� Crta-brer , hereby certify that notices of.the propose �l�ti WISra d;riiail c� City Employee) DUNE 00 each listed property owner on Nov,,,,,i,,.r I qj .zooa . '�'2,9,2 Signed (J ,�n Date. o�renv f� aoa�. (Applicant) • NOTARY ' ATTESTED: Subscribed and sworn before me, a Notary Public, in And for the•State of Washington, residing at- -6-,n on the /g A-1, day of e_ , 3.49c, �- Signed: /�'� a/ peb- f/� LN—otary Public) MY APPOINTMENT MENT EXPIRES:6-29-03 ' I 1 102305-9374 Coequiva Services LLC P.O.Box 4369 Houston,TX 77210 Property Tax Department 2 102305-9128 33430 LP, Co. 10655 N.E.4th Street, Bellevue,WA 98004 JSH Properties,Inc. #300 3 102305-9132 Legato Inc. 3300 Maple Valley Renton,WA 98058 Highway 4 102305-9100 Windsor Associates 9777 Wilshire Boulevard, Beverly Hills,CA Limited Partnership #710 90212 5 102305-9263 King County Water 15606 S.E. 128th Street Renton,WA 98059 District No. 90 6 880500-0010 4321 LLC,Co./JSH 10655 N.E.4th Street, Bellevue,WA 98004 Properties,Inc. #300 7 880500-0020 4321 LLC,Co./JSH 10655 N.E.4th Street, Bellevue,WA 98004 Properties,Inc. #300 8 880500-0030 Safeway Inc. 1371 Oakland Boulevard, Walnut Creek,CA Store 1468 #200 94596 do Comprehensive Property Tax 9 880500-0040 DVCH Investments 10655 N.E.4th Street, Bellevue,WA 98004 LLC/JSH Properties, #300 Inc. 10 518210-0008 Tosco Marketing P.O.Box 52085 Phoenix,AZ 85072 Company BC17 7546.009 [BD/ath] 11 518210-0009 Tosco Marketing P.O.Box 52085 Phoenix,AZ 85072 Company Property Tax Department BC17 12 518210-0016 Les Schwab Profit P.O.Box 667 Prineville,OR 97754 Sharing Retirement Trust 314 13 518120-0010 Les Schwab Profit P.O.Box 667 Prineville,OR 97754 Sharing Retirement Trust 314 14 518120-0013 Bradley J. and Kathy L. 326 Union Avenue N.E., Renton,WA 98055 Faulkes #10 15 518210-0011 Kenneth F. and Carol 23815 141st S.E. Kent,WA 98042 A.Pillon 16 518210-0014 Kenneth F. and Carol 23815 141st S.E. Kent,WA 98042 A.Pillon 17 518210-0012 Robert E.Johnson 254 Union Avenue N.E. Renton,WA 98059 18 518210-0080 Rose Woodall 248 Union Avenue e ue N.E. Renton,WA 98059 19 518210-0073 Rose Woodall 248 Union Avenue N.E. Renton,WA 98059 20 518210-0069 Rose Woodall 248 Union Avenue N.E. Renton,WA 98059 21 518210-0081 Rose Woodall 248 Union Avenue N.E. Renton,WA 98059 7546.009 [BD/ath] 22 518210-0068 Rose Woodall 248 Union Avenue N.E. Renton,WA 98059 23 518210-0050 McCann Enterprises 13029 136th Avenue S.E. Renton,WA 98059 Inc. 24 518210-0049 Ty Ribera 13029 136th Avenue S.E. Renton,WA 98059 25 518210-0042 Susan E.Prather 12905 136th Avenue S.E. Renton,WA 98055 26 518210-0041 James M.Denton 4455 Tolt River Road Carnation,WA 98015 N.E. 27 518210-0039 Janet Hatch 4405 N.E.4th Street Renton,WA 98059 28 518210-0031 U.S.Postal Service 17200 116th Avenue S.E. Renton,WA 98058 7546.009 [BD/ath] • . Uti'vY 0 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of tho City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBERINAME: Rlbera•Balko Short PIatILUA-02.129,SHPL-A PROJECT DESCRIPTION: The applicant Is requesting a two lot short plat for the property located at 4225 NE 4th Street.The subject site Is located within the Center Suburban(CS)zoning designation and Comprehensive Land • use designation. Currently,the property is vacant and undeveloped.The subject site Is relatively flat with a Category I1 • wetland and stream running along the western and southern properly boundaries.The applicant Is proposing to create two lots,which would be 58,446 square feet(Lot 1)and 201,867 square feet(Lot 2)in size.Access Is planned from NE 4th Street PROJECT LOCATION: 4225 NE 4'St. PUBLIC APPROVALS: Administrative Short Plat Review APPLICANTIPROJECT CONTACT PERSON: Dan Balmelll at Barghausen Consulting Engineers(425)251.6222 Comments on the above application must be submitted In vatting to Jason E.Jordan,Project Manager,Development Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on December 2.2002.If you have questions about this proposal,or wish to be made a party of record and receive additional notification by mail,contact Jason Jordan at(425)430-7219.Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. IPLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION , pen.I a i a s i or,,v nrnr�r 4 d'P P; DATE OF APPLICATION: November 7,2002 Mill 1)I3 r'j •k,i7jLb N ca,4 M!l NOTICE OF COMPLETE APPLICATION: November 15,2002 (iaG�bs 1 :(! '01`R u�X(;f'��� �,a ''A IO t rK l7knan" .e °m°'°°'m°°a DATE OF NOTICE OF APPLICATION: November 18,2002 e i or.+2 "yit� _..fiN: ., frill?,....3....,.....-- . s )ff 4,-,r,. ark ,oltII . 111;,7.1. prt-IIMIllgt 1 NI `� c�zt11; es MI Efs� _',""ill46gr�► a�1;r611 6 — 4 `Ati Y r IFY2_�,L�,�a��L OM iM q5'. 4�? 4T Cfi as If you would tke to be made a party of record to receive further Information on OS proposed project,complete this form I and return to:City of Renton,Development Planning,1055 South Grady Way,Renton,WA 98055. , I File No/Name: Ribera43alku Short PIatILUA•02.129,5HPL•A NAME: ADDRESS: ' TELEPHONE NO.: ' NOTICE OF APPLICATIONdoc . CERTIFICATION I, J RSoroip , hereb certify that 3 copies of the above document were posted by me in S conspicuous places on or nearby the described property on IVOJrnn&---- INC ja at)A '1'7) t <'i Signe fS ATTEST: Subscribe and sworn before me,a Notary Public,in d for the S ate of Washi ton residing in • 0.4 4 144 ,on the I$' day of j�Q,PQ'v-nj 09.' • hEiAR4:,.;YN KAMCHEFF ' NOTARY PUBLIC peg �p�� f STATE A� q��)/�[�I �q' fy� k. 16va Yrd�2L CI'�-� tLF•"z9'6it.e+ 7EF p�q� �+ :,...T..�..w�. A.t WASHING TON�IF1 MY 6`8':?oF'^'°..Ji1 7:L'i'1�_f\I ti�rlll��. V..��..� COMB,"a•r:ION EXPIRES ' t„!1.'E 29,2003 • • • • • • • • • • • • • • • 1 - ; •..„ •:.. f. ' • , CONCURRENCE DATE 11/45#-Z NAME l D'T 5_ •,ttIA LI d, t4 I,ri�L - �fwniru . REPORT City of Renton , ;,,. ►1+P1fir'r�'�� Department of Planning/Building/Public Works i /5" DECISION ADMINISTRATIVE SHORT PLAT REPORT& DECISION —7— A. SUMMARY AND PURPOSE OF REQUEST: DECISION DATE: December 5,2002 'Project Name Ribera-Balko Short Plat Applicant Tim O'Kane Insignia Kidder Mathews 411 108tAvenue NE Suite 201 Bellevue,WA 98004 Owner Ribera-Balko Enterprises 16400 Southcenter Parkway Suite 304 Tukwila,WA 98188 File Number LUA-02-129,SHPL-A Project Manager Jason E.Jordan Project Description The applicant is proposing a two-lot subdivision of a 5.97-acre site designated with Center Suburban (CS) zoning. Lot 1 is proposed at 58,446 square feet and Lot 2 is proposed to be 201,867 square feet in size. The property is currently vacant and no building construction is planned as part of this short plat. The subject site also contains a 42,846 square foot Category 3 wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern wetland boundary and replace it with 8,136 square feet of wetland area along the western portion of the wetland. The applicant is also proposing to enhance 8,136 square feet of existing wetland area located along the eastern boundary of the wetland per code requirements. Project Location 4225 NE 4th Street SIIi ' N ®, �i ` 1X00 Ct1niG ijG °J,,.\-.47*r yµr in NYYY 1« �� n� �p°aac `t;dtbhX� 1/4i 4,r406 i Neighol l+3}kp r 'Jr 4iaJ �. ':dry►�kRyA� 11M��StE3 JLuE u u uuu�, von 't r -na n,� ^SIT Q�-'r'c' w u t a.k r ar A A'-r]gi pG{rT 71AM r�S 41 u7 i I g r ice - r ° FY4, , s n ; � 1� ]9i .I- wil purl � prikAlleL G , �ri4 �' tiLti mit'. , immint ■rals ! ; remilimir su nwanin- -r9prilitainmiowiir:Asimpinimi vir-'No r b. I .I I� cn 4D. . g • MIME Project Location Map shortplat.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Ribera-Balko Enterprises 16400 Southcenter Parkway Suite 304 Tukwila, WA 98188 2. Zoning Designation: Center Suburban (CS) 3. Comprehensive Plan Land Use Designation: Center Suburban (CS) 4. Existing Site Use: The site is currently vacant. 5. Neighborhood Characteristics: North: NE 4th Street and Center Suburban Zoning (CS). East: US Post Office; Center Suburban Zoning (CS). South: Residential Option (R-10 dwelling units per acre). West: Center Suburban Zoning (CS). 6. Access: NE 4th Street 7. Site Area: 5.97 acres C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 02/20/1995 Zoning N/A 4404 06/07/1993 Annexation N/A 3946 10/07/1985 Lot Line Adjustment •LLA-99-075 N/A 06/25/1999 Environmental (SEPA) LUA 01-117, ECF N/A 07/01/2002 Review HEX Variance LUA 01-117, V-H N/A 08/27/2002 D. PUBLIC SERVICES: 1. Utilities Water: There is an 8-inch water main located within NE 4th Street. Sewer: There is an 8-sewer main located within NE 4th Street Surface Water:There are existing drainage facilities located within NE 4th Street. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002; PROJECT LUA-02-129,SHPL-A Page 3 Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-18: Industrial and Commercial Blocks and Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Center Neighborhood G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant is proposing a two-lot subdivision of a 5.97-acre site. The property is designated as Center Suburban (CS) on both the City's Comprehensive Land Use Map and the Zoning Map. However, the development of the lots is not proposed as part of this application. The proposed lot sizes are as follows: Lot 1 — 58,446 square feet(1.34 acres) Lot 2— 201,867 square feet(4.63 acres) The property is currently vacant. Access to the site would be provided from NE 4th Street, which is located directly north of the subject site. The applicant has proposed a drive located near the northeast property boundary of new Lot 2. This drive has been designed to accommodate both Lot 1 and Lot 2 of the proposed short plat and to serve the existing US Post Office Complex located directly east of the subject site. In order to provide additional building area to what would become new Lot 1, the applicant has proposed to fill a portion of the Category 3 wetland. Specifically, the applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern wetland edge and create approximately 8,136 square feet of wetland area near the wetland's western edge. In addition, the applicant has proposed to enhance approximately 8,136 square feet of existing wetland area near the wetland's western boundary. The proposed created wetland area and enhanced wetland area has been calculated at a 1:1 ratio pursuant to the City's Critical Areas regulations (RMC4-3-050M12i). It should also be noted that the applicant has proposed to enhance approximately 3,875 square feet of wetland buffer located along the wetland's western boundary, which exceeds the requirements of the City's Critical Area regulations. In addition, the applicant notes the presence of a drainage course "channelization" throughout the center portions of the wetland. The drainage course has been identified as part of the Maplewood Creek system that eventually discharges into the Cedar River. The drainage course parallels NE 4th Street on the subject property and then turns south and flows towards the southwestern property boundary. The drainage course continues to flow through the wetland area to the southeast. The applicant received Hearing Examiner Variance approval on August 27, 2002 to culvert a portion of the,drainage course that runs parallel with NE 4th Street. The variance was necessary in order to construct a sidewalk and other code required roadway improvements along NE 4th Street,which are triggered by the short plat. 2. Environmental Review The subject site contains a large Category 3 wetland and a regulated drainage course along the western property boundary, which requires environmental (SEPA) review. On June 27, 2002, the City of Renton's Environmental Review Committee (ERC) issued a Mitigated Determination of Non-Significance with nine mitigation measures. As the SEPA threshold determination does not expire and because no new environmental impacts have been discovered, a new threshold determination was not required. 3. Compliance with ERC Conditions Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance—Mitigated: 1. Temporary erosion control measures shall be maintained to the satisfaction of the representative of the Development Services Division for the duration of the project's construction. shpltrpt.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 4 2. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements as well as building construction. 3. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the preliminary short plat construction. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the final short plat. 4. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in Section D.4.3.1 of the 1998 King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off-site and on- site improvements as well as building construction. 5. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in Section 4.4.1 of the 1998 KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. 6. Clearing, grading, stormwater, erosion and sedimentation control shall be subject to the 1998 King County Surface Water Design Manual. 7. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report prepared by Habitat Technologies dated May 22, 2002 in regards to wetland maintenance, monitoring and construction of the project. 8. The applicant shall be required to install silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer prior to the issuance of construction permits. 9. The applicant shall be required to revise the preliminary short plat plan by eliminating the 36-foot drive proposed to serve Lot 1 located in the northwest corner of the subject site. 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report. 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is currently designated Center Suburban (CS) on the Comprehensive Plan Land Use Map. The proposed short plat is consistent with the objectives and policies established by the Land Use Element of the Comprehensive Plan, in that the division of property would allow for future retail establishments. It should also be noted that future development of the individual parcels would be required to be consistent with the applicable Center Suburban designation at the time they are proposed. b) Compliance with the Underlying Zoning Designation The subject site is designated Center Suburban (CS) on the City of Renton Zoning Map. As specific development projects are proposed on the individual lots, compliance with the applicable development standards would be reviewed under the required permits. The proposed short plat is required, however, to comply with the development standards pertinent to the creation of new lots. Lot Dimensions — The minimum lot size required in the CS zone is 25,000 square feet. As proposed, the lot sizes are 58,446 square feet (Lot 1) and 201,867 square feet (Lot 2), providing shpltrptdoc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 5 more than the minimum lot size required. There are no minimum lot width and depth requirements in the CS zone. Lot Coverage—The CS zone limits lot coverage by buildings to a maximum of 65%of the site area, or 75% if structured parking is provided. Future development of the lots would be required to comply with the current zoning designation and development standards applicable at the time of their proposal. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. Full street improvements would be required along the subject site's northern property boundary abutting NE 4th Street. It should be noted that a portion of the regulated drainage course is located in the area where street improvements (i.e. curb, gutter and sidewalk) will be required. However, a Hearing Examiner Variance was approved and issued to culvert the drainage course where necessary to install the required improvements on August 27, 2002 (LUA01-117,ECF,SHPL-H,V-H). The proposed subdivision is not anticipated to generate additional traffic on the City's street system. As future development proposals are made for each individual lot, Transportation Mitigation Fees would be applied. Blocks:No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are consistent with the applicable development standards of the CS zoning designation. In addition, the size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations. As required, each lot would have access to a public right-of-way(NE 4th Street.). d) Reasonableness of Proposed Boundaries Access: Lot 2 is proposed to have direct access to NE 4th Street. Lot 1 is proposed to have access to NE 4th Street via an easement from Lot 2 to Lot 1. It should also be noted that this proposed drive would allow full movement with one exception; left turns out onto NE 4th Street would not be allowed. In addition, the drive has been designed to accommodate a revision in the access drive serving the US Post Office. All customers would be routed through the new drive proposed to be located on new Lot 2. Therefore, staff recommends a short plat condition requiring the applicant to have all appropriate access easements executed between the affected properties prior to final short plat approval. In addition, staff recommends a condition of short plat approval requiring the applicant to complete all off-site improvements associated with the northeastern shared drive prior to final short plat approval. Both conditions would ensure that safe and efficient access would be provided to the proposed lots and the neighboring US Post Office Complex. It should also be noted that as Lot 1 develops in the future, the applicant would have the ability to construct a joint-use drive with the commercial property to the west. This drive would be located in the northwest corner of proposed Lot 1. Topography: The majority of the property is relatively flat sloping at less than one percent from the north property boundary to the southern property boundary. However, both the western and southeastern property boundary rise approximately 12 feet from the more flat interior section of the subject site. Specifically, starting near the middle section of the site's western property boundary, the topography gradually rises to its highest point of 12 feet above the more flat central portion of the site. Similarly, the topography in the southeastern property corner also rises approximately 12 feet. As no construction is planned at this time, a geotechnical evaluation was not warranted. However, as the lots are developed in the future, a soils study would be required as part of the building permit process. The existing vegetation on the property primarily consisted of wetland vegetation, ornamental and native trees and blackberries. A Temporary Erosion and Sediment Control Plan (TESCP), the use Best Management Practices and several drainage/erosion control SEPA conditions will help to mitigate potential erosion and off-site sedimentation impacts. Relationship to Existing Uses: The properties surrounding the subject site are designated CS and R-10 (Single Family Residential) based on the City's zoning map. The proposed subdivision shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 6 would not create dissimilar patterns to existing development in the area and is consistent with both the Comprehensive Plan and Zoning Code. e) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development. Fire Mitigation Fees, based on a rate of $0.52 per square foot of new commercial building area, may be required at the time of building permit issuance in order to mitigate the proposal's potential impacts to emergency services. Recreation: The proposal is not subject to the City's Parks Mitigation Fee as it is creating lots intended for commercial use. Schools: There would be no increase in school age children to the Renton School District as a result of this proposal. Storm Water. There are existing facilities located within NE 4th Street. Additional review of these facilities, as well as the assessment of System Development Charges, will be necessary at the time future development proposals are made. Water and Sanitary Sewer Utilities: There are existing facilities located within NE 4th Street. Additional review of these facilities, as well as the assessment of System Development Charges, will be necessary at the time future development proposals are made. H. FINDINGS: Having reviewed the written record in the matter,the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Ribera-Balko Short Plat, File No. LUA-02-129, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of Center Suburban (CS). 4. Zoning: The proposal as presented, complies with the zoning requirements and development standards of the Center Suburban (CS) zoning designations, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations. 6. Existing Land Uses: Land uses surrounding the subject site include: North: NE 4th Street; Center Suburban; East: US Post Office; Center Suburban (CS) Zoning; South: Residential Single family(R-10); and West: Center Suburban (CS)Zoning. CONCLUSIONS: 1. The subject proposal complies with the policies and codes of the City of Renton, including the applicable subdivision regulations. 2. The proposal complies with the Comprehensive Plan designations of Center Suburban (CS). 3. The proposal complies with the Zoning designations of Center Suburban (CS). J. DECISION: The Ribera-Balko Short Plat, File No. LUA-02-129, SHPL-A, is approved subject to the following conditions: 1. The applicant shall be required to have all access easements with the US Post Office facility signed and recorded or ready to record with the recording of the final short plat documents prior to recording the final short plat. The satisfaction of this requirement shall be subject to the Director of the Development Services Division prior to recording of the short plat. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 7 2. The applicant shall be required to complete all off-site construction improvements associated with NE 4th Street and the northeastern drive prior to the recording of the final short plat. The satisfaction of this requirement shall be subject to the Director of the Development Services Division prior to recording of the short plat. DATE OF DECISION ON LAND USE ACTION: December 5, 2002 SIGNATURES: I � Jj er7 gellq/01M /2/02, Gregg A.Zimmerman,P/B/PW Administrator decision date Advisory Notes to Applicant: T;he following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only,they are not subject to the appeal process for environmental determinations. Property Services Comments for Final Short Plat Submittal: 1'. See attached comments from Property Services dated November 26, 2002. • Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. The subject site is located within the Center Suburban (CS)zoning and comprehensive land use designation area. 3. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 4. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety(90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 5. The applicant shall be required to create a separate native growth protection area containing the wetland and its buffer via a conservation easement, protective easement or tract/deed prior to final short plat approval (RMC4-3- 050G). -j 6. The applicant shall be required to erect a spilt-rail fence or other fence type as approved by the Development Services Division denoting the edge of the wetland buffer boundary prior to the finalization of all construction permits. 4 7. The applicant shall be required to permanently identify the native growth protection area by including a wood or metal sign on treated or metal posts. Suggested wording of the sign is as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law." (RMC4-3-050G5) 8. The applicant shall submit a final wetland mitigation plan prior to the Development Services Division prior to the issuance of construction permits (RMC 4-3-050M16). 9. The applicant shall be required to submit a Performance Surety Device acceptable to the city such as a letter of credit, irrevocable set-aside letter or cash estimated at 1.5 times the cost of the performance of the wetland (RMC4-3-050M17a). 19. The applicant shall be required to submit a Maintenance Surety Device acceptable to the City such as a letter of I credit, irrevocable set-aside letter or cash guaranteeing the wetland enhancements perform satisfactory for a period of no less than five years after final plat approval (4-3-050M17b). Building 1. None. Fire 1. None. Plan Review—Surface Water 1. The water quality treatment and detention shall be designed to be in compliance with the Level 2 1998 King County Surface Water Manual. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002; PROJECT LUA-02-129,SHPL-A Page 8 2. Additional storm improvements are required to be installed in NE 4th St prior to recording the short plat. The applicant will need to contact the DOFW if the proposal is to pipe the ditch in NE 4th St. 3. There will need to be some type of storm maintenance agreement that holds the lots responsible for the storm drainage system onsite. 4. The project will be required to pay the Surface Water System Development Charges prior to the issuance of the construction permit. The fees are determined by the development proposed. 5. The storm drainage report is missing the water quality analysis and conveyance sizing calculations. The detention sizing comments are as follows: • The applicant will need to revise the detention calculations to include the 1998 KCRTS Level II flow control standard. • The KCRTS model must be run using a 1-hour time step, not the 15-min time step as shown in the report. • It's not clear from the report what is the total project impervious surface area for developed conditions. The report should break out the pervious and impervious surface area as well as which impervious areas are pollution-generating surfaces and which are not such as roof and sidewalk. It appears from the report that approximately 2.4 acres of impervious surface will be added; however, the KCRTS time series input shows only 1.59 acres of impervious. A table showing the land use under pre-and post-developed conditions would be helpful. Plan Review—Water 1. The project site is located in the 565 Pressure Zone. The static water pressure at the street level is approximately 70 psi. 2. There is an existing 8"watermain in NE 4th St adjacent to the site. 3. Construction of a commercial building will trigger a separate review. Per the City of Renton code when the required fire flow is over 2500 GPM,the fire hydrants shall be served by a main which loops around the buildings and reconnects back into a distribution supply main. 4. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM with one hydrant located within 150 feet of the structure and two additional hydrants located within 300 feet of the structure. This distance is measured along the travel route. These issues are covered in greater detail once a development plan is submitted. This water information is intended to supply information for the applicant to use at a future date and is not intended to list design criteria for an unknown development. 5. Construction of a commercial building will trigger a separate review. SDC fee review for water will be applied at the time the development makes application for a building permit. The fees are determined by the development proposed. Plan Review—Sanitary Sewer 1. There is an existing 8"sanitary sewer main in NE 4th St. 2. There is an existing 15"sanitary sewer main located on the east side of this parcel of land. 3. A sanitary sewer main extension will not be required for this short plat. 4. This parcel of land is subject to the East Renton Interceptor Special Assessment District(SAD). This assessment is $224.52 plus interest per unit and is collected at the time each new lot develops and prior to the issuance of the construction permit. 5. This parcel of land is subject to the Fairfield Development Inc. Latecomers (Latecomers 8707). This assessment is $19,529.39 and is collected prior to the issuance of a construction permit. 6. The project will be required to pay the Sanitary Sewer System Development Charges. The SDC fees are collected at the time each new lot develops and are due prior to the issuance of the construction permit. The fees are ' determined by the development proposed. Plan Review—Transportation 1. This short plat shall install full frontage improvements on NE 4th St including concrete curb, gutters and a 6' sidewalk with a 6' planting strip between the curb and sidewalk prior to recording the short plat. 2. The short plat will also be required to remove and replace the existing south lane of asphalt in NE 4th St across the full frontage of the parcel of land being developed prior to recording the short plat. 3. Additional right-of-way will be required to be dedicated prior to the recording of the short 4. Street lighting designed and installed to City standards will also be required to be installed by this short plat project prior to recording the short plat. 5. As each lot develops in the future a Traffic Report may be required. Plan Review—General 1. The site is located in the Aquifer Protection Zone 2 and may be subject to additional requirements per City code. A fill source statement(RMC 4-4-060L4) is required if more than 100 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-03007) shall be followed if during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water sl hpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED December 5,2002;PROJECT LUA-02-129,SHPL-A Page 9 Management Standards (RMC 4-6-030E2 and 3)--Biofilters, stormwater conveyance, and water quality ponds may require a groundwater protection liner. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA(Aquifer Protection Area) requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton code book. 2. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 3. All plans shall be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control Network. 4. Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvement is 5%of the first$100,000 of the estimated construction costs;4%of anything over$100,000 but less than $200,000, and 3%of anything over$200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. TRANSMITTED this eh day of December,2002 to the owner/applicant/contact: Ribera-Balko Enterprises 16400 Southcenter Parkway Suite 304 Tukwila,WA 98188 TRANSMITTED this 5m day of December,2002 to the applicant Tim O'Kane Insignia Kidder Mathews 411 108th Avenue NE Suite 201 Bellevue,WA 98004 TRANSMITTED this eh day of December,2002 to the contact: Dan Balemlli Barghausen Consulting Engineers 18215 72nd Avenue South Kent,WA 98032 TRANSMITTED this eh day of June,2001 to the following: Larry Meckling,Building Official 14 Rude,Fire Marshal Neil Watts,Development Services Director Jennifer Henning Kayren Kittrick Jen Conklin Carrie Olson Lawrence J.Warren,City Attorney South County Journal Land Use Action Appeals&Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision,any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request,if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on December 19,2002. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4- 8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office,(425) 430-6510. Appeals must be filed in writing,together with the required$75.00 application fee,to: Hearing Examiner,City of Renton,1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two(2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. sipltrpt.doc • 1 I iJ µ'IlL.i .h if :tom •I`� Qat '1:�r`r,sn 1 • , .•• I 1 I UI I f I —.0 anat. 1Ipir Ile \ 6, �='.Lw.K11MYVR ' �,} ,01 1 n! lrI •Sa..al DHIAa{bf O I. 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I± tt`I aow..ovum •an... `+l� i!ra3BFIR' �� � ���411* ► �. �Pi , - �. iumum*-41,41;41,.0 ttift isaio , Aso, ir,. tT_P ivior , • I 147-t 1;1 fit, } � • E.. -.At 60114 '*iii-C� v OA lunialgoolim4, ,i4 -ttst" � ., iii !Ask '-.Nini41 feit. , , .,6, g!4 iy `9 t !4► Gat) /% ' 1. • .. -_<. _. 1 A/ , . . '. - / • RECORDING NO. Proposed Land Use Action ilIIM. A PORTION OF THE NW 1/4 OF THE NW 1/4. SEC. 15, TWP. 23N.., RNG. 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON NORTHWEST CORNER SEC. 15, TWP. 23N., RNG. 5E., X.N. CORNER SEC. 15, FOUND BRASS PIN IN CONCRETE. Southeast 128th Street (King Co.) TWP.NORTH 2 QUARTERU ERG. RN., W.N. NcnseD. Northeast 4th Street (Renton) FOUND 3' BRASS DISC WITH . 9 f0 1 - - - NOR'O3'O9'W 2565.74' PUNCH AT SURFACE. 16 1S' - - - - _ REBAR AND CAP Ns v 969.65' - - - 10 STAMPED 'LS 22338' \ v :1 1616.09' \,1 15 NOR'03'09'W 646.51' 91 314.51' ry 1 3I.00' 298.00' ET REBAR AND CAP STAMPED 'LS 22338' \\ • 588.03'097E\ \\ 1 57'87/ \ 5342 5qr t. / \ \ / \ \ / N 1 \ \ \ \ ,\ \ \ s \ \ , n Dn-;C'EL, n • . \ N8803'09'W\ t\ S ' \ 100.00' \ H 588.03'09'E 1)/-1F\VLL. L\ 145.00' • 1 \\ \ \ v o ig 1 \ �LNETLANO •ai \ \ \ BUFFER c 1 \� Q m A EDGE OF �5,0 WETLAND 1Zip I /-2.1{ 1 X 1 \ 15' SEWER EASEMENT HOC. NO.B509260881/ 11 • z 1 1 8609111674 \ _ EAST LINE OF THE WEST 1/2 in 1 I OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE 1 1 i 2 NORTHWEST 1/4 OF SECTION ;'/ ' 1 201Bfi7 Sq. Ft. \ / / 4.634 acres � i v I / 11� \ I 1 . \ I I \ I ( \ \ \\ \\ I •• • 58B'03'09'E 298.00" \ \ \ . • . \\ \• \ \\\ \ \ \ \ \ \ —�� 0 60 12 \• \ \\ \N. I�/ \\ �� \ \ 1 I \\ REBAR AND LAP \\ N\\ \\, \ S C ALE: STAMPED 'LS 22338' \\ 1‘,_ /1 I �� . �. 1 I I ¢TAMPED REBAR N'LSA22338'P 1 6 0 588'09'46'E 647.65' 1 'LOUTH LINE OF 1/4 OF 1/2 OF SECTION 15 F • 33701 9th Avenue South IND"DATA N E•,fqp �Centre Federal Way. WA. 98003 NW-NW 15, T23N, R5E, WM Q pt YASWf S 4�''MA► (253) 661-1901 SURVEY PM 0 .". Pointe 8 9oN�,n ya2� „�\, � Ribera / th 1k0 Enterprises ,l177s.AAyiiiA ` 16400 Southcenter Parkway, Suite 308 ,� V Surveying ,Seattle, WA 98188-3302 �'r'T!9`fsfSYEP��QQ, BRAYN BY: cm"RY:Surveying p, oH�l s Woods s woods KING COUNTY, WASHINGTON �' LAHO • ,®e,F18Es 12-15-2003 sclA� Aug• 2. 2001 DRAWING ME1839 7" = 60' ism SHEET 2 OF .2 • • •• • . - • •• • • PRELIMINARY ACCESS PLAN ;IfF/12 ::M EX WIRE ,r1-71 • P4tr- I- 1-1 5E,,14/1/101R v. . ,, q — • ,...........................................-- • '21-7'1a-ali5. -2-`,,---.0-tavT".,-:47-7 . NORTFIEAST 41h STREET s' Ro..1:Dixx CS. • 1 ' tiflein cum um own a. 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W :k. : , m5aa-03 b9-`J` \ I I r,\T ly!,I,; `- / _-- 11 253.460.6067 9�,ge�I�0�1,ot /„ , II Imo, '\;\ :e"./iA...•-•!°0. WED.ANIN8 A d /,.o i !LT T 2 � • II ', '': i,1, I/11��;4 RL404h 3 rn' I / 1 \ `2 .• I I / 1(•/1..IP. i s - 1 4�7 KEY MAP WETLAND/BUFFER DELINIATION \,. \Ixl,/L: 1;,4+ ' -'.\ \\ /'\\ \\ , 1�I1`\r I.�r� BOUND/WY \ \\ \ I SYMBOL PLANTING DENSITIES SPECIFIC AREA QUANTITIES ,11\\\\ '/:,�`'�• r BOUNDARY - \ \, I .ESTOREO BGFEER: REOb TREES.I3 `\ '.\\\\s l *II ',,`\\\ \\ \ ; I`\ ..- C. m • APPRO%.400 SHREUBS 5 PEA ACFE REO•D SHRUBS.]e E3 ` is I s\ ,\ &W V`///+�`I'I i 1 \ \\\ 1 I 1 \! s - Em . `'I-`'. `,I I LLB- 't'.:, •I-_�A`I//jG' S.TS B/ 11 I ~ 11 e a o -2 4 `� RESTORED WFilANO: RESTORED WE1LAx0 \ �I D ,��OI` APPROX.T00 TREES PER ACRE REO'D TREES-43 ,11\. IO��OiOF�'"> %� `\\\ ` I y I 1 ' Y!� E4 D: 0 A S �I•��AI APPROX.IW SHRUBS pER ACRE REOD SHRUBS•138 \ ! ` I���, 1r$-' T \ I APPROX.300 EMERGENTS PER ACRE REO'D EUERGENTS-84 ITT I 'E. ,► •-I•-- \ W a f m 6 '1, CREATED uIRCAbgI arm NEW WERAHO'B' NEW WETLAND•C• I `\, \,...40.,•_ .4 ' g \5B8-03f Es `\I I I I yF, O + e. / AP DY 300 TRECS pER ACRE REOb 1REE5-30 REO'D TREES-IB ___ pp _ y y D A _ /// APPROx S00 SHRUBS PEN ACRE REO•D SHRUBS-DO RED:SHRUBS-5• ' 1= • \�FO°�a�%►�gJ0Y0� 6 -+—� _ R, APPROx.HIT EUERGENR pFA AURE REOb CYERGENI2 ]0 REOb EUERGENiS-31 /,p=5601,5:OFFER \�1LA'` 4: \ , 0 - P U d \\ CREATE.EI TREES PEA ACRE REDS TREES•34 REO'D TREES•28 REMADE BUFFER RI , \�\ DI. / `T\I6-�,4te.A5* \ �— —r a' I PROF.122 SHRUBS PER ACRE RE00 SHRUBS•103 REO'D SHRUBS•84 EGRADE SIDE AOpES / `` \ .:,�,��,�,5' , ux TO ACC AOATE ' l , l\`7.1y�I,, / \ \\\ \\ I I� CREAiEO IOAEIIAND \1 mm ,``: \!p y.;// ; •\m �-4.+,,` /� \\\ ENHANCED BUMF \\` \,\ \\ i \\ o I / q ♦,04 O � \ , , �,, ;r, ;cti1 'JT ® `\\ \, \,I 10 • 1 KRAND'B' "Liki. 1 Y•�/,� , '���O��O�S• I/.A. IENrHANeEo WETLAND \ \ I\ REVRIGNs: ' +, . I/ 1 ` �'I ` I:\✓" n:W } )//i W 1 � ' \40Q...... '. \ C Loa.TVP. \ I... \ 1 II 1\\,.,LL / m I • ��_ _ — I i i\i''\I ''� \^• '\ kx \\`_ / / i \ i lh 1 ORAWOG53UEOFOR: E ' /I 1 1 1•1 ry - `A', WETIAND BUFFER ,,Y / 1 -a.-:� a i 1 i‘\w •w, AGENCY >_IIr - ir-'Ta'1.-r I j 111 l,ii�� \\ \ \, - / / I r I REVIEW 1\'•4`-1 W 1: ICJ E., \` vrocf ll� !\`�3hFfi-"``���W;1111 O\ EX.WEi�(JID BOUNDARY'f 1 `� �.\I I `i r r M DATE'MARCH 15.1002\\ I•„ ! DT",''"9. a r roll i�' \ O \\•, 11 "3B.! m , '�'; . \ \ E� l ! _ m_ 'WI ill• <y \ I Q _ jy. ��l ty�'/' �pt mil\ A c,�".yls:;':,t-_l" ''1' \ LOI I\\ \ \ T K BTATBoc•/.��� �.� I:j G..-�mEnC I I; ' \ .\`\ \\ , , AIM I , �°vW" }"'%r'>`'/,� �I�.(Ea1tl• �I1 , I AAA{n��A\ \At, \ e,O \ \ \` \\ \ 4 1 1 rI, w', wSTATE R - '; j i l� � , :'t�It1�I� �FI ','' \'\ \ ,o ;�`\• \ \;1 I ,II f 4P ,T REGISTERED V> .. <1c- .li IEn \ ` ,'� \`\ \\\ V 1 .�/d'N'D9W�EnARGH ER E": '~,� \ hill:1;1r c e r' \.\ �/ ` \\'�'�► II` r.I w r'`/ e E? )j ij I I� Ar' I \ \ �.�„ \ /.f \ ,L 4 't I I II _ _I, \ / OERTIBOATE Nam'4``°`'?r°•^ =1 --A ��I Z o �! f • \ ,,� /'V W \ \ \ `\ I III I 1 �``I \ �'s: r \ .'"In „ iff rfi , ,/ I' I \ \ PROIERND.: OL7O®R' •rE fA �I t� .y,ri y�\ ; • / NN:v ;\ `(y�/ `\` \`�,\ \ \ \` 1 I II EnIi NAAlE:1Zq,5�s1B6L1�':ebF%'°1•\ EAIED BUTTER CI , } \ \\ \ \ : —1/+:i•.>:�LF�•,V''•'•� .�' A"."'��t}f;Si�•,7 GRADE cSCESLLOOPEENEW 1 ` '°iL,` '\IY/�//// �\ \ \` \ �ti+.::.\ I� IIf '`\�`�. DERANTI eY: MIL \\� r 1� }! A WETLAND AREA I I \/ l / ,.�T `\`Yl, II CHLLKFD BY: KLO it ! ?lip �'R \•' I l;'v'.i�ld��''•'',/P GREATEo I 1 EA'^ ` •. \;// p `iY \� I II I I \\ PLorswE: to rl _ ,7, :'' / ,A=O.•. i L_ ` ;(// \I \ `� _ I 11 .EIE.�D oR,rww'3Goxc" a- +���v.-_ .-fH '1�v.wait0c ni ;—� �p __ _ `=�'t_Ex.DRAINAGE SWAL �•' I/IY�1'� N-� i•a loo'-Ou _ • I3 ' �- - _ ES d--\--,----,---,1't.l'�\=4_I�� DRAwwc ew+tENrs OVERALL SITE MAP • - .- 'D:`�'= � 'j`a� R, 1 •II ;`, COMPENSATORY KEYMAP - ;B$g•W146',4-edR.55\,_ .V .I II I , `i i , WETLAND MITIGATION ____; ; ,\. A. s COVER SHEET SCALE I•.100•_0• P . N DRAWPGNO. STREAM, WETLAND AND BUFFER KEYMAP ,, L 1 SCALE:I--30'-0• „ 1 OF 3 • • {•. -, \ I !Tr / i T i f I / / WETLAND/BUFFER HYDROSEED MIXTURES WETLAND MITIGATION Nature by Design 1 I;f I \\ / i // I / WETLAND AREA SOIL MOISTURE CONDITIONS •'' m / 3 r\\ \ /I i /111�' / COMMON NAME SCIENTIFIC NAME PERCENT BY WDfJIT PLANT LEGEND TRACT 4 i I •v 1 f l WETLAND/BUFFER TREES ' \\ �O; . \ i\ L.VI l ) 11 ,/ REDTOP 0/cc RIEe sox u......_.-.,..ur •yM'/y�',f��1 \ \ ` / - �f / TER FOz1wL ro.<wu.gmwlatu. sax SYMBOL OTY DESCRIPTION SIZE • ,v„^^ - 1,".=F \\\ Ili/11 / 2 p' I / UPLAND BUFFER AREA SOIL MOISTURE CONDITIONS �.60.6� - I �IJ',*_;<!B"7op`l ® 259d60.6087 `\t � �}, _ WEjUN01AR // l_.�gam' ' I L nT ` � 15 Ater mverophyiNm 5'HT.MIN. ',\ , ,Iill 1 1&=...,� Elac0=26 pi p I -V 1 1 COMMON NAME SCIEHifIC NAME PERCENT BY WDGXi Big Leal Maple 12'-15.O.C. \ I \ \ \1/f \I /yo. 1 I AL 6ENTtltA55 Aye.U.lmue In \ '••\ t"- o \ \ h i II I 1 1 0616 FEScv[ Fgw<o aw nu<.e CI 27 Frorinus IPti/olio q'HT.MIN. 4 I.ro I---` \ I ERENNIAL MORASS hen puss. ]Ox Oregon ash 10•-15'O.C. - 1 I I 1 l� I ; -\) I [REEFING ROO FESCUE Festu<a,vCra Sx \\ II11 A1F \ / \ 1 41:0 2 Piceo silchensis 5'HT.MIN. - \ APPLr Ai 1Hf 0 LBS PCR ACRE. SitkO spruce 12'-15'O.C. \)•:' -';'ly}/' G\ I ��/1 �� 1 I REFER LO INE V.I.NCY A FaR MTLWO AND UPLANa PLWTNG AREAS IIII %'),'EIUND\\_ \\\ \\ 1 2 POPulus trichocarPo 4'HT.MIN. ,t 1,j1\\ \ l 30UNDARf \ 1 Black Cottonwood 10•-15'O.C. \' \\ yr \1 ` \ \ 1 DIAMETER AT 15 Prunus emargenata 4'HT.MIN. d (.\\ ! \ /) \ \1 1 \\ \ 1 TOP ® bitter cherry 10-IS'O.c. ; \ 11\Y_ sp. 1 .N4P.M. i \ I \`I,{��r \t�,^'-\0j�\ N.O'09'W 11 \ \ i ,- 19 Pseudolsuga menziesii 5'HT.MIN. }(�'J-,--� 6' I Douglas fir 12'-15'O.C. T 1 I ! 17g n kn\ A ® & 00.r''s0'. \\ `\\ 1 "I�' r 2B Pyrus fusca 4'HT.MIN. •• .Off - ,^f 1-'/ I 1' ` \ \® - ® _ A \ ` I ® Western crabapple 5'-e'O.C. f], g A m - I _ �y '� A 5�8-03' \ 3 27 Solis sitchensis 4'HT.MIN. o `M se ��.�'�/.�` " ,Pr� . Y O Sitka willow 10'-IS'O.. i. �" 'W r:F - • 1 'Y�III" ,.U "0®� N 1 .0 O a' w P, - AREA=5603\SF _ 1 ` ' _ - I 1 PJ n _ _ �' \ ; 7Hp 1B T W0 plicate 5'HT.MIN. O -.m o, CREATED BUFFER'Bl'\ I A ®O ', y—�-- es ern r¢ cedar - - C iosmoo, �i w l a e 1z' 15'o c �'d-'' REGRAaC LDC AOPES\ 1 ,.;a3°sr' r'ra \ CS \ .\ \ ' aa)) A e c 0.ea. ATE ' x \ \ \ \ b 2 Populki lrespen es 5'MT.MIN. A y a v CREATED wEnANO ),„@ % \ \ \ ® Ouoking Aspen 12' 15'O.C. [..1 a A ill 1 \I ' � ® ENHANCED BUFFER -.. . �Oj� yl� I \ p \ \ - \\ \\ fl"IL�Ilyll-ll" ,-�,II; r �EII 11 11�5P 51"S 10 DOONED LOG/TREE 3 STUMPS yy 6, IFR 1 O \ \ I-.411II` 1 ,rJ 1`7^II IC'r ittri 7h'll 11 See Delal s See 0<tail I y / S. i ,11-11-IIII II Il'�I-II"'ll-'N it n-11 II II II II 171=1 �r•3 ®c, ® 1341 l 1 rigr L.,I--�-,Ir y 1=11`r1L '4A1 a=1- / v '. �}I, �`' O® " p - \ __- =,,N,w4uY RDDT 11.0 11 1,.111111!'-11' 1 b/ ' `b®�• ------h' `� gwEIER W WETLAND/BUFFER SHRUBS CREATED / C,rap�;�,A . 1/ "�.® 0 � \\ . \ SYMBOL CITY DESCRIPTION 512E w£nAND'B' / • D'.•� PKr / \ a O° \ (� '°" 4p © ®a0 xcnAND 1 \\, STUMP a / 1 CJ\ :I-ENHANCED SF. \ NOTE:TYPICAL VERTICAL LARGE wOODY DEBRIS LwD FOR I �J < ( ) b p 28 Acer circinatum 2 GAL. \ _ I� ) 'C, le, 4 ID ®O®' ILL PLACEMENT IN WETLAND AND BUFFER AREAS O Yn<Ma 19 ,'-"-'i1 'y ®6'O.C. '/�,'� yo•• " / O 1 �� \ uWluu 44 Berberis nervosa 1 CAL 400____-__-�\,:\ "''L' i�y o "�® ^� 1 u NE LENGTH Oregon Grapes •10 3'O.C. REVISIONS: _AOD ;.\�• �sy Y'�<_ 'ram I -Loc.no. 1\ r0 P P u\ \ \\ y=�,; •`i 1 Al Cslou h sedLO m 1'10 C. /•• \ \ .ty`,�p // 1 --v\ \ g )( 4 Corylus cornuta 2 GAL. - 1 / ,\\\\\ \\ 4e-'u`lC - `` / I I 1,.' 1 \I r hazelnut ®4'O.C. , \I 1 \Q \C \ \ I 1 I II 1 IA• ? Y \\ ` % ) i{ 1 ® \ /' O BO Carpus stolonifera 2 Vl iii i 1 I -"W \ \�\` --_-' / ', i \, red osier dogwood ®4 O.C. _ /11 I p) !'\ _` � WiEAANDBUFFER „' / 11'diIC�11C'i1'�111 IIII III II IIAI�II II III II111III IIICIICIIlei1�'IITL �'il I1-JL IL CIII�11.JI O 1 ;//�/_ \ \, A a '_ 11 IC'�11=JI II II IL. O 44 Gautheria shallop 1 GAL. I\`� �,_,\ \ \\Q II i 1 71 S S IL II II-11 Sala! 0 3'O.c I \\\\\1•Isi 9 EE%. DBOUNDARY'+- u II II II 11 II�II n- DRAWWG6SU®FOR: w Ra•POOT C 11!.-11 II. IL11-JIFFII 1\\\11g111 � 0 \\�. �� -3BJ LOG Ar lD•ARovE RDOT COLLAR .n=n=n=n 11�I-n- ® eo PnnobcarpMs¢apleaw. z cpL. AGENCY / ' -'1=�11�I1=11-11'-11`-.�I nlnebork ®4 O.C. 11111I I I 1 \Q NOTE:TYPICAL HORIZONTAL LARGE WOODY DEBRIS(Lw61 FOR ' i' MI_ -1,�I-Len=g=t1 3L REVIEW o-". -_�/II)(I I'4, / I/ j PLACENENT IN wETLATIO AND BUFFER AREAS.(MAY USE ENTIRE' O 44 RiDes sanguineum 2 GPL. 11f3 : \\ ;- _I TREE). flowering currant ®a O.c. DATE:MARCH 25.2002 r E.niw\ 4 Rosa gymnacarpo 2 GPL. i .�' ���'�f y2y1��1 fie /' i lr; l�, < \ 1 1ri ,'T•\�L;�1.-\I"�L,i�1,,,-`"° 1\\ 1\\\\" \;I\ \ 11 - LOG AND STUMP DETAILS O wild rase /in�J1} I 1 /i\/ \ I \AY�F.a 1i \ "I,.\ \\ \\\ 1‘‘ \ 1 e0 RMDus spectabilis ®4PO,c. i \\ lard O \1\ \ I\\ :Dlmpnberry i 1 ��/. �\ � .:FT•�o \ \ \\� 1 /'1'. \ «/_, Q \ \ 1 �-. 41 Sciprus Dcut s, 4'plug 1 \�'\\ I ���� \�.•\ \\\\ \1 � Hamelem BwrMen ®Y o.c. ' 1 1\ \•' -A'o \� \ \ ' \\\ IV Q 41 Sci microcar 4' lu STATE S. prus pus p g WASHINGTON ',1/' I \\\ \\ly ], f1Ara Q r�1\ \. \l \���1 smell fruiletl bulrush ®1'O•C WIW�GPBAR�CImEer ` 1 \ M o:J.-es5. '''k\�@\ 4\\ .sr., I go 46 Symphbei l rpos albus ®6ALO.C. /• % •/ /• 1 ^�...r `. �\ \P\\' \\\ \ \\. I 4 Rubus parvitlorus 10 GAL. ( . 'a. \ \ \ \ \ ®4'O.O. KATHERINE i .CREATEDBUFFER O� 4A. \ \ \\ ` I y CERTIFICATE NO.e03 GRADE SIDE AOFES To f '.f \ ` ACCOMODATE NEW (\ AFY� Q \ ` \\ I _ wETLAxD AREA I I 4�,41."141107 ��_„p \�•.'•4{;; ��'.6< ,\�� p • PROlERNO.: 0220 fAEAIED 1 Ear {,\ <• 0 0 G'`�.O q O - —\ DREX-RWAME 22OGM L1-1 W£TIANCI'C' TL - � yv`Vjj�•y� .',',A,1 11 - CHECK®Br: KLO NL0 __T--"\ vik\ y1 =Q `m_---�l EX.DRAI[UGE SWALE '� /\, PLOTSCAEE 1:1 !` --_ - ---= ��6 }p--�" STREAM, WETLAND AND BUFFER SECTION DRAWING SCALES:I•=30'-D• / b �- - - / ENLARGEMENT I - - �R.fi5- i �,\ II • -� ___�'^ SCALE:1-=1CI'-0- DRAWING CONTENTS __—. Gff0 ED BM ER ENLARGED PLANTING STREAM, WETLAND AND BUFFER PLANTING DETAIL N \ EAiW EIRBTINc • EXALT ENHANCED• PLAN &TYPICAL ENLARGEMENT Alk \3 wEnAND rtTIwD wE AND sane SECTION „ �I l DRAWING NOT SCALE:1'.3CI'-0- ' • L1 . 2 - • 2 OF 3 ' E6 - - 1 2.3N R5E W /2 :._ a St. ---- LITE 4th St. i \---iol--_-- -- IS r-_-7 --- Ni3rd 131..- -';:-1_-_-_:' / 7/ 1 R.'-i.0(P) c.)--i---1-- --------- ___,. 1 w• w R-8 C/D . R-8 ' ' • -- , 1 : 6 a3 [—L_____ k711 bi - 1:I 11 -.:0 -- I 1 TIT I .--r- SE 132nd t . ..._ . ./ 0 . ---x-- [------- _,..10 - - — a.; [ f.._____ _ c ',:.• 1 - -11. - \ ----- .<4 _ F.= - 1- c .4. -c --- LI A I i R . _lL:— JL, c. e4 48I 40 Sii-Til • I IP 61\1'0-5— --_:_ 1.4 in -- • \ \ • tv- 0 Isatt014 - \- , . .I lv /1H \ - -,_ , .\..... 11,,, _1 E----\c. --.9.-- s•- ' v -,...- 1 z, • \-R-8 ,-- _ / . . // , 1 •----- i . c/a I 03 '7--------as 1 ; . cp I 1 -44 C4 S' - • (1/ i 1 G6 .. 22 T23N R5E W 1/2 Y[ F6 ott ZONING ----Renton dt,7 LInlitt 1:4800 • .4. 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CITY OF RENTON sal Planning/Building/PublicWorks Department — Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor July 16, 2002 Mr. Dan Balmelli Barghausen Consulting Engineers 18215—72nd Avenue South Kent,WA 98032 • SUBJECT: Ribera/Balko Enterprises Short Plat Project No. LUA-01-117,ECF,SHPL-H,V-H • Dear Mr. Balmelli: This letter is to inform you that the appeal period has ended for the Environmental Review Committee's (ERC) Determination of Non-Significance - Mitigated for the above-referenced project. No appeals were filed. The applicant must comply with all ERC Mitigation • A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on July 30, 2002 at 9:00 AM to consider the proposed Variance and Short Plat. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. If you have any questions, please feel free to contact me at(425) 430-7270. For the Environmental Review Committee, Jason E. Jordan Associate Planner cc: Ribera/Balko Enterprises/Owners Mr.Tim O'Kane/Kidder, Mathews &Segner, Inc. Parties of Record: R.Woodall, C. Mosteller, K. Schrader, C. Donnelly, E. Gullekson FINAL R E N T O N 1055 South Grady Way-Renton,Washington 98055 AHEAD OF THE CURVE ;i CITY (iF RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor July 16, 2002 Mr. Dan Balmelli Barghausen Consulting Engineers 18215—72nd Avenue South Kent,WA 98032 • SUBJECT: Ribera/Balko Enterprises Short Plat Project No. LUA-01-117,ECF,SHPL-H,V-H • Dear Mr. Balmelli: This letter is to inform you that the appeal peri d has ended for the Environmental Review Committee's (ERC) Determination of Non-Significance - Mitigated for the above-referenced project. No appeals were filed. The applicant mutt comply with all ERC Mitigation Hearing . A Public Hearing will be held by the Renton Hea g Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on July 30, 2002 at 9:00 AM to consider the proposed Variance and Short Plat. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. If you have any questions, please feel free to contact me at(425) 430-7270. For the Environmental Review Committee, Jason E.Jordan Associate Planner cc: Ribera/Balko Enterprises/Owners Mr.Tim O'Kane/Kidder, Mathews &Segner, Inc. Parties of Record: R.Woodall, C. Mosteller, K. Schrader, C. Donnelly, E. Gullekson FINAL RENTON 1055 South Grady Way-Renton,Washington 98055 AHEAD OF THE CURVE I _ l._ ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION RIBERA/BALKO SHORT PLAT LUA-01-117,ECF,V,SHPL-H The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create three lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4th Street. In conjunction with the short plat proposal,the applicant is requesting a variance from the Critical Areas Regulations to culvert a portion of the Maplewood Creek system,which flows adjacent to NE 41h Street and then turn south near the subject site's western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4th Street. In addition to the regulated drainage course,the subject site also contains a 42,846 square foot Category III wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern wetland boundary and replace it with 8,136 square feet of wetland area along the western portion of the wetland. The applicant is also proposing to enhance 8,136 square feet of existing wetland area located along the eastern boundary of the wetland per code requirements. Location:4225 NE 4th Street. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 PM July 15,2002. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner,City of Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office,(425)430-6510. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting In the Council Chambers on the 7th floor of City Hall,1055 South Grady Way,Renton,Washington,on July 30,2002 at 9:00 AM to consider the . proposed variance and Short plat. If the Environmental Determination is appealed,the appeal will be heard as part of this public hearing. z•,w • f 1-,. s 'n i OE�a r =.,,d�„,M L L r 1P.,, c - Till _._ u ?,.. __, ml M(Ry��( M[ h r [R,I' On c l7lr�><7SL`147ARft'k.huufiv > Y"0"t�er�,' ��IIMWErtfoil}rs C` 1l 7,YK ?n f ''r.a- T IIis a ,Y44 Q'•sti ar r�lsfmlAlllf I>at.. ■p] w :' ill i: i^" 1C g- ''74."fIY v`.g .rN� oiiiii{ii2 i anli�� �Ema�� .r.j : n ol.vavy r F r e:v 1ci�1 �sQav9,ilmahr'+IOrdAil47/r t L 6 .fly C'r ,' j p°r t n 7 it.n.11g7.� F I Mint lava� JeAi 1000 aim r 1 TS7iS�YYRi1A� \ :AiS t + la )Im^,cli v ra it �3U6Koa�Ej .1l+.ter-as I r"C.F.^"u I � fl'1 T .EII Yt i', j�=i:Ll�•td i^. z n' rttlbli '.' I v m.f;'—r�C]G I�f ' Ir cy/a ;- I 41!'m'''i.V14 411 AIS 'f Tat�3,WW, „ 'litl;k�. I !','may I� - i;`: F•7 a SZi nr. ,1: I.t°, 'J ffigillli • �'�!I�I�'.d��,iti�i�eol_ �����IMyn�eee;ir�c`'.ri._..J�_.. N i�r!�].::I 111701 ril �C1 r. ES ga m!iillpinf P,9 40 1' w .41 !ffi 111 1Millii �i ii k' "fLC6 am.,, r 11 _ ?iiaizllrtelAn3rr.��- '.i1r�� nf�:�, 11 ei g R�Qti� -. ,— L.5.'P7:1 ori.'l1iYI; .Fill t- r,-'-I iFff'-, ". . vu;.HAUc6�AYpa -- IJ I '.l t..•I. nagb'ra' kle ci -r---- ;2 o YAvopWRvlihlt Rif -. 7 -_ I 'tip +,t{.I��!�IYCEL�M{.RRR't¢�'da.�•a r FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT(425)430-7219. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER.when calling for proper:file;identification. r. ;;V,:. -I CITY (.=F RENTON balL -,N Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 27, 2002 Washington State Department of Ecology Environmental Review Section . PO Box 47703 Olympia,WA 98504-7703 Subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee(ERC) on June 25,2002: DETERMINATION OF NON-SIGNIFICANCE-MITIGATED RIBERA/BALKO SHORT PLAT LUA-01-117,ECF,V,SHPL-H The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create three lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4th Street. In conjunction with the short plat proposal,the applicant is requesting a variance from the Critical Areas Regulations to culvert a portion of the Maplewood Creek system,which flows adjacent to NE 4th Street and then turn south near the subject site's western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4th Street. In addition to the regulated drainage course,the subject site also contains a 42,846 square foot Category III wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern _ wetland boundary and replace it with 8,136 square feet of wetland area along the western portion of the wetland. The applicant is also proposing to enhance 8,136 square feet of existing wetland area located along the eastern boundary of the wetland per code requirements. Location:4225 NE 4th Street. Appeals of the environmental determination must be filed in writing on or before 5:00 PM July 15,2002. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. If you have questions, please call me at(425)430-7219. For Environmental Review Committee, 1J on 12 E. or an 'Associate anner I Icc: King County Wastewater Treatment Division Larry Fisher, Department of Fisheries David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) US Army Corp. of Engineers Enclosure AgencyLenerl R. E N T O N 1055 South Grady Way-Renton,Washington 98055 AHEAD OF THE CURVE „._________,_;__.,,,,,,,,,,,,,_.___.- • „ n, CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-01-117, ECF, V, SHPL-H • APPLICANT: Kidder, Mathews&Segner, Inc. PROJECT NAME: RIBERABALKO SHORT PLAT DESCRIPTION OF PROPOSAL: The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create three lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4' Street. In conjunction with the short plat proposal, the applicant is requesting a variance from tie Critical Areas Regulations to culvert a portion of the Maplewood Creek system, which flows adjacent to NE 4' Street and then turn south near the subject site's western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4'h Street. In addition to the regulated drainage course, the subject site also contains a 42,846 square foot Category III wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern wetland boundary and replace it with 8,136 square feet of wetland area along the western portion of the,:wettar ."The,applicant is also proposing to enhance 8,136 square feet of existing wetland area located along,the;east ern boundary of the wetland per code requirements. LOCATION OF PROPOSAL: 4225 NE 4th.Street • MITIGATION MEASURES: 1. Temporary erosion control measures shall be maintained to the satisfaction of the representative of the Development Services Division for the duration of the'projectts construction.; 2. The project contractor shall;perform daily50vieikand,.lnainfenance:of,all erosion and sedimentation control measures at the site during the construction`of`both off-site and on-site`improvements as well as building construction. 3. Weekly reports on the status and condition-of theerosion control plan withany recommendations of change or revision to maintenance schedules or Installation shall be submitted-by'the project Engineer of record to the public works inspector for the. preliminary short plat construction; Certification of the installation, maintenance and proper removal of the erosion control facilities shall,<b'e required prior to recording of the final short plat. 4. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing-and..graging is,initiated, and shall be constructed in conformance with the specifications presented in Section D.4.3:1'of the 1998 King County Surface Water Design Manual, Appendix D. This will be required during the construction of both off-site and on-site improvements as well as building construction. 5. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in Section 4.4.1 of the 1998 KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site'. This will be required during the construction of both off-site and on-site improvements as well as building construction. 6. Clearing, grading, stormwater erosion and sedimentation control shall be subject to the 1998 King County Surface Water Design Manual. 7. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report prepared by Habitat Technologies dated May 22, 2002 in regards to wetland maintenance, monitoring and construction of the project. 8. The applicant shall be required to install silt fencing With brightly colored construction flags to indicate the boundaries of the wetland area and buffer prior to the issuance of construction permits. 9. The applicant shall be required to revise the preliminary short plat plan by eliminating the 36-foot drive proposed to serve Lot 1 located in the northwest corner of the subject site. mitmeasures CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-01-117, ECF, V, SHPL-H APPLICANT: Kidder, Mathews &Segner, Inc. PROJECT NAME: RIBERA/BALKO SHORT PLAT DESCRIPTION OF PROPOSAL: The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create tree lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4' Street. In conjunction with the short plat proposal, the applicant is requesting a variance from the Criticgl Areas Regulations to culvert a portion of the Maplewood Creek system, which flows adjacent to NE 4' Street and then turn south near the subject site's western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4 Street. In addition to the regulated drainage course, the subject site also contains a 42,846 square foot Category III wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet oriketland:,area along the northeastern wetland boundary and replace it with 8,136 square feet of wetland.area along the'Western portion of the wetland. The applicant is also proposing to enhance 8,136 square feet of existing wetland`area located along the eastern boundary of the wetland per code requirements LOCATION OF PROPOSAL 4225 NE 4th Street Advisory Notes to Applicant:;: ` ;r • Arr The following notes are supplemental information provided in conjunction with the environmental determination. Because thesehetes are provided°as-=information'only,they are not subject to the appeal process for environmental determinations. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to;330 pm, Monday through Friday unless otherwise approved by the Development Services Division: ..• _.,. 2. The subject site is located within the Center Suburban;f,(CS);zoning and comprehensive land use designation area. . 3. Commercial, multi-family, new single family,<arg other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock(8:00) p.m. No work shall be permitted on Sundays. 4. Prior to building permit approval,the applicant will be required to revise the proposed site plan to include a loading area subject to RMC 4-4-080J. 5. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 6. The applicant shall be required to create a separate native growth protection area containing the wetland and its buffer via a conservation easement, protective easement or tract/deed prior to the issuance of building permits (RMC4-3-050G). 7. The applicant shall be required to erect a spilt-rail fence or other fence type as approved by the Development Services Division denoting the edge of the wetland buffer boundary prior to the finalization of all construction permits. • I Ribera/Balko Short Plat LUA-01-117,ECF,SHPL-H,V-H Advisory Notes (continued) Page2of3 8. The applicant shall be required to permanently identify the native growth protection area by including a wood or metal sign on treated or metal posts. Suggested wording of the sign is as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law" (RMC4-3-050G5). 9. The applicant shall submit a final wetland mitigation plan prior to the Development Services Division prior to the issuance of building or construction permits (RMC 4-3-050M16). 10. The applicant shall be required to submit a Performance Surety Device acceptable to the city such as a letter of credit, irrevocable set-aside letter or cash.estimated at 1.5 times the cost of the performance of the wetland (RMC4-3-050M17a). 11. The applicant shall be required to submit a Maintenance Surety Device acceptable to the City such as a letter of credit, irrevocable set-aside letter or cash guaranteeing the wetland enhancements perform satisfactory for a period of no less than five years after project completion (4-3-050M17b). Building 1. Soils to be monitored by Geotechnical firm. Fire 1. None. :.> Plan Review—Surface Water 1. There are storm drainage facilities in,NE 4th St".to the east.'Additional storm improvements are required to be installed in NE 4th St prior to recording the short plat:..The'applicant will need to contact the DOFW if the proposal is to pipe the ditch in NE 4th St. , 2. There will need to be some.type"of•-storm.maintenatce.agreement that`hclds all of the lots responsible for the storm drainage system.onsite. ; xrs<" d 3. The project will be required :to.,pay the.,Su1ece::Wate6 Systerri Development Charges each new lot develops and prior to the issuance of"`the;'construction permit.';.i?The, fees are determined by the development proposed. r' " I Plan Review—Water 1. The project site is located in the 565.Pressure Zone. The:'statid' ater pressure at the street level is approximately 70 psi. ` 2. There is an existing 8"watermainin NE 4th St adjacent to the site- 3. 3. Construction of a commercial building,,will trigger a separate review. Per the City of Renton code when the required fire flow is over 2500 GPM; the;fire,hydrants:shall be served by a main which loops around the buildings and reconnects back into a distribtitioh"Supply main. 4. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM with one hydrant located within 150 feet of the structure and:two additional hydrants located within 300 feet of the structure. This distance is measured along the travel route. These issues are covered in greater detail once a development plan is submitted. This water information is intended to supply information for the applicant to use at a future date and is not intended to list design criteria for an unknown development. 5. Construction of a commercial building will trigger a separate review. SDC fee review for water will be applied at the time the development makes application for a building permit. The fees are determined by the development proposed. Plan Review—Sanitary Sewer 1. There is an existing 8"sanitary sewer main in NE 4th St. 2. There is an existing 15"sanitary sewer main located on the east side of this parcel of land. 3. A sanitary sewer main extension will not be required for this short plat. 4. This parcel of land is subject to the East Renton Interceptor Special Assessment District (SAD). This assessment is $224.52 plus interest per unit and is collected at the time each new lot develops and prior to the issuance of the construction permit. 5. This parcel of land is subject to the Fairfield Development Inc. Latecomers (Latecomers 8707). This assessment is$19529.39 and is collected prior to the issuance of a construction permit. Advisory Notes Ribera/Balko Short Plat LUA-01-117,ECF,SHPL-H,V-H Advisory Notes(continued) Page 3 of 3 6. The project will be required to pay the Sanitary Sewer System Development Charges. The SDC fees are collected at the time each new lot develops and are due prior to the issuance of the construction permit. The fees are determined by the development proposed. Plan Review—Transportation • 1. This short plat shall install full frontage improvements on NE 4th St including concrete curb, gutters and a 6'sidewalk with a 6'planting strip between the curb and sidewalk prior to recording the short plat. 2. The short plat will also be required to remove and replace the existing south lane of asphalt in NE 4th St • across the full frontage of the parcel of land being developed prior to recording the short plat. 3. Additional right-of-way will be required to be dedicated prior to the recording of the short plat. 4. Street lighting designed and installed to City standards will also be required to be installed by this short plat project prior to recording the short plat. 5. When each lot develops they will be required to submit a Traffic Report. Plan Review—General 1. The site is located in the Aquifer Protectio,R4Zone<-2;and;may be subject to additional requirements per City code. A fill source statement,,(RMC.r.,4-4,,060L4) is required if more than 100 cubic yards of fill material will be imported to the project_=site.' Construction Activity;:,Standards (RMC 4-4-03007) shall be followed if during construction, more than:.20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site ''Surface',,Water sManagetnerf Standards (RMC 4-6-030E2 and 3)-- Biofilters, stormwater conveyance, and:water quality ponds,may require a groundwater protection liner. Impervious surfaces shall be=provided:for areas subject to vehicular (ise'or storage of chemicals. This is not intended to be a complete:,;list;of the APA•t(Ag fifer Protection Area) requirements nor does this information substitute for the full ordinance;°it is onlyintended to guide the;applicant to the City of Renton code book. ,,,;: :..,c; ::_. :. .• ,Jf. rr 2. All required utility, drainage and StreetimproVerp.ents=mill require':separate plan submittals prepared according to City of Renton drafting,standards'by a licensed Civil Engineerx' 3. All plans shall be tied to a Oinimuth of two of-the City of:Renton current Horizontal and Vertical Control Network. 4. Permit application must include an itemized cost estimate:for..these improvements. The fee for review and inspection of these improvement:is 5% of°the•first$1:00,060.of the estimated construction costs; 4% of anything over $100,000 but less'than,$200:;000, and 3%;of anything over $200,000. Half of the fee must be paid upon application for building and Construction permits, and the remainder when the permits are issued. There may be additional fees;for water service;related expenses. See Drafting Standards. • • • • Advisory Notes CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-01-117, ECF, V„SHPL-H APPLICANT: Kidder, Mathews &Segner, Inc. PROJECT NAME: RIBERA/BALKO SHORT PLAT DESCRIPTION OF PROPOSAL: The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create three lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4'h Street. In conjunction with the short plat proposal, the applicant is requesting a variance from the Critical Areas Regulations to culvert�a portion of the Maplewood Creek system, which flows adjacent to NE 4 h Street and then turn south near the subject site', western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4 Street In addition to the regulated drainage course, the subject site also contains a 42,846 square foot Category3 wetland !located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern wetland boundary, and replace it with 8,136 square feet of wetland area along the western portion of the wetland. The applicant is also proposing to enhance 8,136 square feet of existing wetland area located along the eastern boundary of the wetland per code requirements. LOCATION OF PROPOSAL: 4225 NE 4"Street LEAD AGENCY: City of Renton I ' Department of PlanningBuilding/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM July 15,2002. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: July 1,2002 DATE OF DECISION: June 25,2002 SIGNATURES: A� i�l1 � (i4/ diGregg i erm , stra or DA4e4t.e Depart of nning/Building/Public Works Ji Shepherd,Adminis ator DATE C mmunity Services Lee Wheeler, Fire Chief TE Renton Fire Department August 27,2002 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: Tim O'Kane Kidder, Mathews& Segner,Inc. 411 108th Avenue NE, Suite#201 Bellevue, WA 98004 RiberaBalko Enterprises Short Plat File No.: LUA-01-117,SHPL-H,ECF,V-H LOCATION: 4225 NE 4t1 Street . SUMMARY OF REQUEST: The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create three lots. In conjunction with the short plat proposal, the applicant is requesting a variance from the Critical Areas Regulations.to culvert a portion of the Maplewood Creek system. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on July 23,2002. PUBLIC HEARING: After reviewing the Development Services Report, examining available;information on file with the application,field checking;the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the July 30,2002 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,July 30,2002, at 9:32 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Preliminary Short Plat Plan application,proof of posting,proof of publication and ' other documentation pertinent to this request. Exhibit No.3: Preliminary Clearing,Drainage, Exhibit No.4: Preliminary Access Plan Utility and Grading Plan Ribera/Balko Enterprises Short h File No.: LUA-01-117,SHPL-H,ECF,V-H August 27,2002 Page 2 Exhibit No. 5: Topography Survey Exhibit No. 6: Stream, Wetland,Buffer Zone Plan Exhibit No.7: Vicinity Map Exhibit No. 8: Zoning Map The hearing opened with a presentation of the staff report by Jason Jordan,Associate Planner,Development Services, City of Renton, 1055 S Grady Way,Renton, Washington 98055. The site is located on the south side of NE 4th Street and immediately adjacent and west of the new U.S.Post Office facility. It is east of Union Avenue and west of Duvall Avenue NE in the Renton Highlands area. The applicant is proposing to subdivide a 5.98-acre site located within the Center Suburban(CS)zone. The proposal would create three lots intended for the development of future commercial/retail and/or mixed-use type developments. At present the site is vacant. The majority of the property is relatively flat sloping at less then one percent from north to south. Near the property's western boundary and southeastern boundary there is existing berming. In those areas the topography rises approximately 12 feet. The site contains a Category III wetland located near the vvestern property boundary. The wetland is approximately 42,846 square feet. The applicant is proposing to paper fill an 8,136 square feet area of the wetland. That will put the buffer in line with the proposed lot 1,configuration. The applicant is proposing to fill the northeast portion of the wetland so that the 25-foot buffer associated with the Category III wetland lines up with the lot boundaries. The way the project is designed the creek also has a 25 foot buffer per Code. The applicant is proposing to line up the wetland so that the buffer for the wetland is also the 25-foot buffer for the creek,which will also line up with the proposed lot 1 boundaries. It is a paper fill because the applicant will not be bringing any material on-site. So what the applicant is asking is that the area they are proposing to fill not be classified as wetland. And per Code they are requesting to enhance wetland on a one to one ratio. Per Code they are allowed to do two things with this type of wetland. It is a low level wetland,which allows the applicant to create new wetland at a two to one ratio or enhance and create wetland at a one to one ratio. The applicant has proposed the second option. They are proposing to enhance 8,136 square feet of wetland on the western wetland boundary,which is the one to one enhancement. They are also proposing to create another 8,136 square feet of wetland to be located on the eastern wetland boundary. In addition,the applicant has proposed to enhance some of the buffer area,which is above and beyond Code. They are proposing to enhance the vegetation and the function of that buffer. The Code does not require any type of buffer enhancement with this type of proposal. They,are not proposing to increase the buffer just enhance the vegetation. The application also notes the presence of a drainage course. The drainage course has been identified as part of the Maplewood Creek system that eventually discharges into the Cedar River. The drainage course parallels NE 4th Street for a portion,then turns south and runs into the northern part of the Category III wetland. The applicant is proposing to culvert a portion of the drainage course for a couple of reasons. One is to enhance the flow. Currently,the water is very still; however,the topography is such that it does eventually drain into the wetland. They are asking to culvert a portion of the drainage course in order to perform Code required street improvements such as sidewalks and paving. Code requires,short plats of this nature to provide certain street improvements. In a sense Code is requiring the applicant to make improvements,which requires them to request the variance to culvert the stream. The Transportation Department and Public Works Department are in support of the culvert. Code does not allow the flexibility of this site to develop without the street improvements. The wetland biologist hired by the applicant concluded in their report that by the culverting the portions of the stream that they are proposing to culvert it would not affect the function of the wetland. In fact by culverting Ribera/Balko Enterprises Short Plat File No.: LUA-01-117,SHPL-H,ECF,V-H August 27,2002 Page 3 and doing some of the other things they are proposing to do in terms of enhancement and creation,they will probably create a better functioning wetland. The proposed lots would range in size from 25,842 square feet for lot 1, lot 2 is proposed to be 32,585 square feet and lot 3 is proposed to be 201,908 square feet. The Environmental Review Committee(ERC) issued a Determination of Non-Significance—Mitigated(DNS- M)for the project. There were no appeals filed. There were nine mitigation measures included in the DNS-M. Mitigation measures 1 through 6 were related to erosion control, drainage issues, and use of the 1998 Surface Water Manual. Mitigation measure 7 and 8 were wetland conditions. The final mitigation measure requires the applicant to eliminate the proposed 36-foot drive in the northwest corner of the site. The ERC is hoping that one of two things can happen. One,that the applicant can work with the neighbor immediately west of the subject site and come up with some type of joint use driveway.-Proposed Lot 1 may have a drive,but it would have to be a joint drive with the western lot. The other option would be to have the drive proposed over the pipestem portion of lot 3 serve all of the lots. The proposed plat is intended to eventually serve the on-going needs of the area with commercial lots that would accommodate commercial and professional services. The proposed commercial short plat has been devised to create additional commercial lots that would eventually accommodate businesses to serve surrounding area residents. In regard to rehabilitating degraded channels and banks,the wetland biologist concluded that the channels and the wetland would be enhanced with the proposal. There will be no net loss of wetland as there will be a 1:1 replacement of the wetland. The 5.98-acre site is located in the CS zoning on the City of Renton zoning map. The proposed short plat would create three lots. The minimum lot size permitted in the GS zone is 25,000 square feet and all three lots meet this requirement. There will be eight feet of right-of-way dedication required along NE 4th Street. Access to lot 2, 3 and the Post Office is proposed from the drive located in the northeast corner of the subject property over the pipestem portion of lot 3. The applicant has worked very hard with the Post Office facility to come up with a proposal that would work for the applicant and the Post Office. He believes that conceptually they have come up with an agreement that works by basically routing traffic that will eventually go to the individual lots and to the Post Office south down the proposed drive then east into the Post Office facility and west into the proposed short plat. The drive is proposed to be a full movement drive with the exception of not allowing left turns out onto NE 4th Street. Staff does recommend a short plat condition requiring the applicant to have all appropriate access easements executed between the effected properties prior to final short plat approval and in addition staff recommends a condition of short plat approval requiring the applicant to complete all off- site improvements associated with the northeastern shared drive prior to final short plat approval. Both conditions would ensure that safe and efficient access would be provided to the proposed lots and the neighboring U.S. Post Office. If the applicant wants to record the easement simultaneously with the recording of the short plat, staff would not object. A traffic impact fee was not required as the uses are still unknown. Once the developments do come in and if environmental review is triggered, separate fees would be calculated. The site is currently vacant and the surrounding areas include other Commercial Center Suburban zoned properties to the north,west and to the east. To the south of the site is R-10 zoned property,which is mostly single family. They have been in contact with Ribera/Balko Enterprises Short hat File No.: LUA-01-117,SHPL-H,ECF,V-H , Ribera/Balko Enterprises Short Fiat File No.: LUA-01-117,SHPL-H,ECF,V-H August 27, 2002 Page 4 some of the property owners to the south who have expressed concerns with some drainage issues but have reviewed the proposed drainage plan and the wetland report and seem to be satisfied. The Police and Fire Department staffs have indicated that there are sufficient resources to serve the plat; however, until they know specifically what the use will be they cannot comment too much. With respect to storm water,water utilities and sewer utilities,there are existing facilities in NE 4th Street. Additional review of those facilities will be conducted as the proposed lots are developed in the future. The applicant has requested a variance from the Land Clearing and Tree Cutting regulations in order to culvert approximately 200 linear feet of regulated drainage course that runs parallel to NE 4th Street and then runs north- south over the western portion of proposed lot 1. Staff contends that because Code requires these street improvements there are special circumstances and the variance should be granted. Initially,the culvert was requested for the access point. The ERC said no to the access point. The reason for the culvert is to offer proposed lot 1 access through a shared driveway with the neighboring property to the west. If the applicant can work with the neighboring property and obtain a joint driveway the culvert will be needed to provide a crossing. The project has been designed pursuant to the 1998 King County Storm Water Design Manual. According to the wetland report the culverting of this portion of the drainage course could be concluded in a way that would actually if not maintain, improve the flow to the wetland. There is a lot of garbage in the channel that would be cleaned up which would improve it. In regard to the portion of the culvert that runs east west abutting the northern boundary and NE 4th Street, staff would require other developments regardless of the streain'to provide the road improvements. This does not constitute a grant of special privilege because they are asking this developer to do what other developments have already done which is dedicate and improve the required street connections. Staff does not want to limit access to the site and does not feel that a joint driveway access would be a grant of special privilege if it were culverted. With respect to the portion of the drainage course that runs north south,again they are proposing to limit the culvert at the northern most portion of the wetland so they are not proposing any impact to the wetland. Staff does not feel that by allowing them to culvert to allow a joint use driveway or allow a little bit more building area,that it exceeds the minimum necessary. Staff recommends approval of the short plat subject to two conditions related to access easements. Dan Balmelli,Barghausen Consulting Engineers, 18215 72",a Avenue South, Kent, WA 98032 stated that he is the project engineer for this proposal. He has been involved with this property for 10 to 12 years. He has attempted to help the owner and others develop this property,for the last 10 to 12 years. At one time there was a mixed-use development proposed; retail in front and multi-family in the back. The site had some wetlands on it but not as many as it does currently. The wetlands have grown over the years and so have the environmental requirements to the City so it has become more difficult to develop overtime. As far as the applicant and owner are concerned their property is already constrained and they do not feel that have reasonable use of it due to the fact that over the years more restrictions have been put on it. They have sold a piece of it to the east,to the Post Office. They are trying to make as much developable area as possible out of the remainder of the property. Ribera/Balko Enterprises Short Prat File No.: LUA-01-117,SHPL-H,ECF,V-H August 27,2002 Page 7 other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official, determined that the proposal is exempt from an environmental assessment. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4225 NE 4th Street. The site is located on the south side of NE 4th and east of Union Avenue NE. The parcel is immediately west of the new U.S.Post Office site. 6. The subject site is vacant. 7. The subject site was annexed to the City with the adoption of Ordinance 3132 enacted in May 1977. 8. The subject site is zoned Center Suburban(CS). 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of suburban commercial,retail and residential uses, but does not mandate such development without consideration of other policies of the Plan. 10. The subject site is an L-shaped parcel that is approximately 5.98 acres. The main leg of the "L" fronts along NE 4th Street and has approximately 350 feet of frontage on NE 4th Street. That portion of the "L" is approximately 618 feet deep. The second leg of the parcel is directly south of the Post Office site. It is approximately 150 feet wide(north to south)by approximately 298 feet long. 11. The subject site has some modest elevation changes around a drainage course and wetland. It rises approximately 12 feet along its western boundary. The drainage course runs across the north edge of the property and then down the western half of the site. The wetland areas dominate the western boundary of the site and a portion of the site. 12. The wetland is Class III and is approximately 42,846 square feet. The applicant is proposing to fill approximately 8,136 square feet along the northeastern edge of the boundary and would create an equal amount of new wetland on the southeastern side of the wetland. The applicant also proposes enhancing another 8,136 square feet of the wetland. The proposed wetland "relocation" is intended to facilitate the development of an area that would be located on what is to be Proposed Lot 1. The applicant also proposes enhancing 3,875 square feet of wetland buffer that is not required by code. 13. The applicant proposes dividing the subject site into three(3)Lots. Proposed Lot 1 would be located in the northwest corner of the subject site. It would be"L" shaped and would contain approximately 25,842 square feet. It would be approximately 200 feet deep with approximately 170 feet of frontage along NE 4th Street. 14. Proposed Lot 2 would be located east of Proposed Lot 1. It would be rectangular and be approximately 225 feet deep by approximately 145 feet wide. It is approximately 32,585 square feet. 15. Proposed Lot 3 would be a pipestem lot. Most of Proposed Lot 3 is interior to NE 4`h Street. A 36-foot wide pipestem would provide access to NE 4th Street for the main interior lot. In addition to the pipestem, it would be "L" shaped and wrap around the Post Office lot on the south and step around the southern margins of Proposed Lots 1 and 2. It would be 201,908 square feet. Ribera/Balko Enterprises Short Fat File No.: LUA-01-117,SHPL-H,ECF,V-H August 27, 2002 Page 8 16. In order to further enhance the development potential of the property,particularly Proposed Lot 1, as well as to provide access to the site from NE 4`h Street,the applicant proposes culverting portions of the drainage course or channelization that runs through the subject site. This feature is part of the Maplewood Creek system that ultimately feeds the Cedar River. 17. The open drainage course begins from the center of the north property line and runs west for approximately 120 feet. It then turns south and enters the wetland. The north-south segment is approximately 75 feet long before it enters the wetland. 18. The applicant proposes culverting the approximately 120 feet of the drainage course that runs along NE 4th Street and the 75 feet that runs north to south to just where it enters the wetland. A variance from the Land Clearing and Tree Cutting Ordinance is required for this work. The City spurred the proposed culverting along NE 4th Street to provide right-of-way widening and sidewalk improvements. The applicant could develop parking or other non-structural uses over a culverted area. 19. Most, if not all of the proposed culverting would occur on what is Proposed Lot 1. Proposed Lot 1 also contains the approximately 8,136 square feet of wetland that would be relocated. 21. Water and sanitary sewer lines are available to serve the site. 22. Storm water would be conveyed to a system adjacent to the plat. Conclusions: 1. The order in which the requests are handled in this case makes a difference in the potential outcome. If the property were first divided,then Proposed Lot 1 would be subject to more severe constraints due to the location of the drainage course and the wetland areas. When the entire acreage is viewed, it is true that the site is constrained,but not as dramatically. I,\ 2. The variance criteria needs to be applied to the entire subject site before looking at the proposed short plat. The question is whether the entire subject site is suitable for the variance relief requested,not whether an isolated portion of the site is suitable. Whereas, if one reviews the short plat and creates the proposed lot suggested by the applicant,the variance for culverting takes a different turn. Creating arbitrary lot lines that ignore the limitations imposed by the natural features is inappropriate. It is more appropriate to create lots, if any,which consider the environmental features of the subject site. r Variance 3. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and l Ribera/Balko Enterprises Short hat File No.: LUA-01-117,SHPL-H,ECF,V-H August 27,2002 Page 9 7.A d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The full variance request is not justified and is more than the minimum necessary to allow reasonable use of the subject site. 4. There is no denying that the applicant has constrained property. But it has been naturally constrained for a long time. That is not necessarily unfortunate but may make it suitable for less intense development. It may create a lesser economic return but preserves some level of environmental features of the site. (for a creative design see file LUA-02-003;Renton Highlands Professional Building). That does not justify the variance for culverting approximately 200 feet of the drainage course. Access to the site and appropriate right-of-way along NE 4th Street may justify permitting the culvert along NE 4th Street; but it does not justify culverting the stream where it is interior to NE 4th Street. Looking at the entire acreage, even as constrained as it is and asking whether the applicant has reasonable use of the subject site makes it clear that the portion of the variance for the stream interior to the site is not justified. The variance is more than the minimum necessary for relief 5. There is no reason to culvert the drainage feature until just before it enters the wetland. There seems to be no need to divorce the wetland as it is upgraded and returned to a more natural state from the creek that conveys the water to the wetland. Why should the creek be "remanufactured" into a metal jacket when it can be integrated into the wetland it feeds by keeping it a surface feature? Forcing it into a culvert for more than the necessary length increases the velocity of water as it enters the wetland,prevents water from being absorbed into the surrounding soils and prevents water in the soil from naturally percolating into the creek. Not culverting the water feature means that it can add to the natural features and system. Rather than having a blunt pipe flowing out and entering directly into the wetland,the watercourse will be exposed for an additional 70 to 80 feet or so before hitting the wetland,a more natural manner. The wetlands 1 biologist for the proposal was not available to answer questions. 6. The applicant has reasonable use of a site that has wetlands and a drainage course running through it without granting excessive relief or more than the minimum necessary to allow use of the subject site. 1 7. The drainage course, stream, ditch or what have you is easily denigrated by making it seem an insignificant feature. But this creek immediately flows into a protected wetland and it ultimately is one source of water that flows into Maplewood Creek and then into the Cedar River. The challenge is deciding at what point the creek is significant. Most headwaters start somewhere and start very small,not more than a rill,a shallow depression that seems to attract water from slightly higher ground and then convey it downstream. It may be less than an inch but each of these tiny, shallow channels adds to the flow of another channel, like the blood vessels in the tips of the fingers of a hand add as they flow toward the palm and then the wrist, picking up more flow as they course toward the arm and trunk. Unfortunately, for creeks, streams and mere drainage ditches,they are not as easily visualized. Unlike the fingertips and fingers,they are not as easily defined and do not have a definite beginning like the tip of the finger. But this water feature is one of many that create the Cedar River. The only justification to culvert this channel is to potentially - I create parking lot or access driveway over it. 8. Approving the full scope of the variance creates an undue precedent that leads to more culverting of small creeks. The variance can only be approved for that portion of the creek as it flows along NE 4th Street to allow access to the subject site and safe street right-of-way. ,\ Short Plat 9. If the variance is not approved for culverting the north to south segment of the creek that flows across the ) Ribera/Balko Enterprises Short Pr File No.: LUA-01-117,SHPL-H,ECF,V-H August 27,2002 Page 10 western third of Proposed Lot 1,Proposed Lot 1 would be limited in utility. Therefore, creating the Short Plat as proposed does not serve the public use and interest. Since this office cannot speculate on what would be a more suitable lot arrangement the short plat must be denied. 1 Decision: The Short Plat is denied. The Variance is approved for only the portion of the proposed culverting along NE 4th Street. No culvert shall be permitted for any portion of the creek that flows north to south. ORDERED THIS 27th day of August,2002. FRED J. KA MAN HEARING EXAMINER TRANSMITTED THIS 27th day of August,2002 to the parties of record: Jason Jordan Tim O'Kane Ribera/Balko Enterprises 1055 S Grady Way Kidder,Mathews& Segner,Inc. 16400 Southcenter Parkway Renton, WA 98055 411 108th Avenue NE, Suite#201 Tukwila,WA 98188 Bellevue, WA 98004 Kayren Kittrick Dan Balmelli Rose Woodall 1055 S Grady Way Barghausen Consultants 248 Union Ave.NE Renton, WA 98055 18215 72nd Avenue South Renton,WA 98059 Kent, WA 98032 Cheryl Mosteller Kathleen Schrader Claudia Donnelly 161 Bremerton P1.NE 4725 NE 4th Street, Ste. B 10415 147th Avenue SE Renton, WA 98059 Renton,WA 98059 Renton, WA 98059 Ed& Sandy Gullekson PO Box 3104 Renton, WA 98056 TRANSMITTED THIS 27th day of August,2002 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Admin. Members,Renton Planning Commission Neil Watts,Development Services Director Larry Rude, Fire Marshal Sue Carlson,Econ.Dev.Administrator Lawrence J. Warren, City Attorney Larry Meckling,Building Official I Transportation Systems Division Jay Covington,Chief Administrative Officer Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Alex Pietsch,Economic Development Director Ribera/Balko Enterprises Short i-rat File No.: LUA-01-117,SHPL-H,ECF,V-H August 27, 2002 Page 11 Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,September 10,2002. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,September 10,2002. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location: to 4225 NE 4 Street -:( C_-I2t-°•SIP �V Ell :�. fro N:." . r ;ram-. +, - ..i.�,.a• - —' la _ 4,11' ........ ...ii 6-401,:;11 ......1 ��•, m .,1_ I.� rW71 cp. .:1i 1".'. "f p II 1 ;...-1 510 121-rfAr- liliPAZEra :4.2, 91 i -a mN .� ' I• n gzi ' f O iI� — �1��11� 0�%id TQAe NLil • s. — o_, .,b T23N R5E W 1/2 . _______ a t. --- 1 rNE 4th St. i R� 01-- i NE 3rd Pl..C 5� AM R 10CP �� - w w R-8 1 .._._._._ cr) R-8 1 i -:-.._,.y.r.7_-_,_kj:7._-.-.2-_-_ T- . co co SE 132nd _ - \ /; _r_k • JJ , -�E 1 -.�� a - <4 W - ' . - V -- I' RT8 j7±. � C\ 12:rA III El j--- (a-will _ko r-- _ w \ % V014' 0 1___-.\-'' 1H 1 L %I‘ itiV- . 1 J L:\ * 1.% . \ „,...... i, Z i • - _8 ,,.., t st. I st 141s ____________ 1 SE 142nd St. , I RC(P) 0 2 r di ,------_____..(f : 2(P) 9 i U`�Y o G6 - 22 T23N R5E W 1/2 o Qoo 4Oo r ZONING ----Renton(IVY Mat F6 $ �eoo dzs� ' P/B/Pw TECHNICAL SERVICES 15 T23N R5E W 1/2 o o3nsioz 5315 r pi A , AI n • Proposed Land Use Action . P S03W13 NO. ENS . ti A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON NORTPMEST COFFER SEC. 15. TMP. 23M. R1B 3E. M.M. NORTH OWNER CORNEA SEC. 15. IMP • _ D BRASS PIN IN CONCRETE. Southeast 128th Street (King Co.) TIP.23N. RNG,5E., M.M. Northeast 4th Street (Renton) FOUND 3 twAss DISC.WITH !0 PUNW AT SUFACE 16 - - _ _ - - NMI"Or 2SB3.7.• ROAR AM0 CAP \04 1 616.09' 13 STAMPED'LS „444,.. .o NBa•0.T'09'M a.6.51• y ri 169.W 1.5.00' I I.00 _ 2Ge.00' iEBAR AND CAP ' m 'I STAMPED'LS 22338' ------ I 25841 ;Knit- SBBD39%\ I / 2 • • / \ \ a. 32503 S0. Ft. ',ll \ \ L 0.7.a&Cr. Q / - \ 1 il , / ; \ I I �,, \ \ ` I I \ \ 1 PARCEL • \ 1 1 A P \ NBen3vcrt m � _ 11 100.ar \\ \\4 11OYOrE I I PARCEL. C. \\ ; I c % \ CIJIETLAw 8 m 1 \S 1 BUFFER • - a EOGE-__ 1 I$ i • '�,''"''��y1 1 15' seen EA,SDEN1 I r ' o REC. 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Sir rk r:Wrae\n•ryr.• •os Vti DM/Om o Io.i OW UM,-a m.w• rZnll-s 54-& m CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 26,2002 TO: Jason Jordan FROM: Sonja J. Fesser SUBJECT: Ribera-Balko Short Plat,LUA-02-129-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: It does not appear that any further dedication for street right-of-way is necessary, as a width of 42' is already dedicated for street purposes to the north of the subject property(said dedication is mentioned in the"Project Narrative"dated April 8,2002). The degrees symbol is missing from the bearings noted along the south,west and east lines of proposed Lot 1. What is noted is a period,which is incorrect. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-02-129-SHPL and LND-20-0331, respectively, on the short plat drawing. The type size used for the land record number should be smaller than that used for the land use action number. Note the bearings and distances between the three Lambert Coordinates, as they pertain to the City of Renton Survey Control Network(Sheet 1 of 2). Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note all easements, agreements and covenants of record on the drawing. \k4\Fitc Sys\LND-Land Subdivision&Surveying Records\LND-20,-Short Plats\0331\RV021125.doc .I ' s 1 . , November 26, 2002 Page 2 Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note whether the adjoining properties are platted(give plat name and lot number)or unplatted. The city will provide an additional address for the proposed lots as soon as possible. Note that if there are restrictive covenants, easements or agreement to others (U.S. Post Office, City of Renton, etc.) as part of this subdivision,they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s)are to be given to the Project Manager as a project. The short plat shall have the first recording number. The recording number(s) for the associated document(s)are to be cross-referenced on the short plat in the appropriate locations. If there is to be an easement over Lot 2 for the benefit of Lot 1 for access and utility purposes,the indicate the location of said easement on the drawing and note that said easement is for a"new private access and utilities easement". Since the new lots created under this short plat are under common ownership at the time of recording,there can be no easement until such time as ownership of the lots is conveyed to others, together with and/or subject to specific easement rights. Also, add the following Declaration of Covenant language on the face of the subject drawing, the previous paragraph applies: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing thereon covenants and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. The private access/utilities easement(noted in the previous two paragraphs)requires a"New Private Easement for Ingress,Egress, &Utilities Agreement". The maintenance responsibility of the easement must be defined. See the attachment. Comments for the Project Manager: An unsigned "Private Joint Access Easement" document was included in the June submittal for the subject property. Although we have no comments to make on private easements(this one being between the applicant and the US Post Office), note that they can be recorded with the short plat(as mentioned above). Said document was not included in the current submittal. Has it already been recorded, or is it waiting for short plat approval? Fee Review Comments: The Fee Review Sheet for this review of the preliminaryshort plat is provided for your use and information. H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats103311RV021125.doc\sjf .' ►, -v�/- tiva; �-tt=�.1�- )R Iuc Lr-�Eg t;= ; Note: New private exclusive easement for ingress, egress and utilities is to be created upon the sale of lots shown on this short plat. The owners of Lots shall have an equal and undivided interest in the ownership and responsibility'for maintenance of the private access and utility easement. These maintenance responsibilities include the repair and maintenance of the private access roads, drainage pipes, any storm water quality and/or detention facilities within the easement, private signage, and other infrastructure not owned by the City of Renton or other utility providers. Maintenance costs shall be shared equally. Parking on the paving in the access easement is prohibited, unless pavement width is greater than 20 feet. • • CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: November 27,2002 TO: Jason Jorrdaann FROM: Rebecca'Lind STAFF CONTACT: Don Erickson SUBJECT: Ribera-Balko Short Plat,4225 NE 4th Street; LUA-02-129, SHPL-A The applicants are proposing to short plat and existing 5.98 acre "L" shaped parcel, next to the new U.S. Post Office on the south side of NE 4th Street into two lots, Lot#1 and Lot#2. Lot #1 would be 1.34 acres in size and Lot#2 would be 4.64 acres in size. The majority of Maplewood Creek and its associated wetlands would be on Lot #2. The applicants have previously applied for approval for a 40-unit multi-family, a 3,100 square foot fast food outlet and a 2,000 square foot retail pad on the existing vacant site. The site is designated Center Suburban on the Comprehensive Plan Land Use Map and zoned CS. On June 12,2002 the applicants proposed dividing this same site into three lots. At that time staff supported the applicant's proposal including undergrounding a 30-foot portion of Maplewood Creek near NE 4th Street(see attachment). Recommendation: Continue to support this proposal with the understanding that the only change in the proposal is for a two-lot short plat rather than a three-lot short plat as previously proposed last June. cc: Don Erickson H:\EDNSP\Interdepartmental\Development Review\Green File\Comments\Ribera-Balko Short Plat#2.doc\d CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: June 12, 2002 TO: Jason E.Jordan FROM: Rebecca Lind STAFF CONTACT: • Don Erickson SUBJECT: Ribera/Balko Short Plat, 4225 NE 4th Street;LUA-01-117, SHP- H, V-H The applicants are requesting environmental review (SEPA), a variance from the Critical Areas Regulations to culvert a portion of a regulated street and the creation of a three lot short plat for property located at 4225 NE 4th Street The 5.98 acre site is designated on the City's Comprehensive Plan Land Use Map as Center Suburban and is zoned Center Suburban, as well. It is located immediately west and behind the new U.S. Post Office on NE 4th Street. Intent of the Land Use Designation Objective LU-T: Create Center Suburban Designation including commercial, and residential uses with site planning oriented to automobile access and circulation. Relevant Comprehensive Plan Land Use Policies Policy LU-118.2. Serve the basic, on-going needs of the population in adjacent and surrounding neighborhoods. Policy LU-118.3. Provide a medium intensity of development organized around a landscaped arterial boulevard with boulevard features and/or park like landscaping. Policy LU-118.7. Provide adequate retail goods and services within Center Suburban designations to encourage residents to shop locally for daily goods rather than drive to other shopping areas. Other Relevant Comprehensive Policies Policy LU-289. Aesthetic improvements along street frontages should be provided, especially for properties abutting major streets and boulevards. Incentives should be provided for the inclusion of streetscape amenities including; landscaping themes, street furniture, paving, signs and planting strips in developing and redeveloping areas. Ribera/Balko Short Plat 2 11/27/02 Policy LU-290. Street trees should be used to reinforce visual corridors on major boulevards and streets. Policy LU-291. Beautification and screening of parking lots should be encouraged through appropriate landscaping,fencing and berms. Policy LU-293. Private development projects should be encouraged to orient toward the street and to encourage creativity in project design and landscaping in the abutting right-of-way. Objective EN-2: Protect and enhance water quality of surface water resources. Policy EN-2. Manage water resources for multiple uses including recreation,fish and wildlife, flood protection, erosion control, water supply, energy production, and open space. Analysis Grading for the subject short plat needs to take into consideration the above policies to ensure sufficient setbacks for landscaping and decorative screening, planting of street trees, etc. to enhance the appearance of the abutting arterial and encourage creativity in project design. Whereas, the elimination of the access driveway at the northwest corner of the US Post Office site is considered to be a plus, ingress and egress from Lot 3 should be indicated. It appears that the regrading and creation of new replacement wetlands should enhance wildlife habitat while helping to control erosion and improve water quality. Also, nearly 40% of the site is being set aside for wetlands, wetland buffers,etc. The elimination of one driveway and the proposed new channelization should improve traffic flow and safety in and out of the U.S. Post Office. Care, however, needs to be taken to ensure public safety where the new entrance road for Lot 2 and the U.S. Post Office intersect. Recommendation Support the proposed three lot short plat and the variance to allow the undergrounding of approximately 30-feet of the existing stream already in a culvert where it crosses NE 4t''Street. cc: Don Erickson H:\EDNSP\Interdepartmental\Development Review\Green File\Comments\Ribera-Balko Short Plat.doc\d City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: :6)A Plre44- COMMENTS DUE: DECEMBER 2, 2002 APPLICATION NO: LUA-02-129,SHPL-A DATE CIRCULATED: NOVEMBER 18,2002 APPLICANT: Tim O'Kane PROJECT MANAGER: Jason Jordan PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO: 77058 r t'„ - LOCATION: 4225 NE 4th St. NOV SITE AREA: 260,312 s .ft. BUILDING AREA ross : N/A �v A/1,i , ac SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property located at 42 5 VDetto` rnr r_iV 7, subject site is located within the Center Suburban(CS)zoning designation and Comprehensive Land use 1 i+Atae property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air I Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet • it B. I POLICY-RELATED COMMENTS • • C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date routing.doc Rev.10/93 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: November 26, 2002 TO: Jason Jordan FROM: Sonja J.Fesserl SUBJECT: Ribera-Balko Short Plat,LUA-02-129-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: It does not appear that any further dedication for street right-of-way is necessary, as a width of 42' is already dedicated for street purposes to the north of the subject property(said dedication is mentioned in the"Project Narrative"dated April 8,2002). The degrees symbol is missing from the bearings noted along the south,west and east lines of proposed Lot 1. What is noted is a period,which is incorrect. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number,LUA-02-129-SHPL and LND-20-0331,respectively, on the short plat drawing. The type size used for the land record number should be smaller than that used for the land use action number. Note the bearings and distances between the three Lambert Coordinates, as they pertain to the City of Renton Survey Control Network(Sheet 1 of 2). Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note all easements, agreements and covenants of record on the drawing. \H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV021125.doc November 26,2002 Page 2 Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note whether the adjoining properties are platted (give plat name and lot number)or unplatted. The city will provide an additional address for the proposed lots as soon as possible. Note that if there are restrictive covenants, easements or agreement to others(U.S. Post Office, City of Renton, etc.) as part of this subdivision,they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a project. The short plat shall have the first recording number. The recording number(s)for the associated document(s)are to be cross-referenced on the short plat in the appropriate locations. If there is to be an easement over Lot 2 for the benefit of Lot 1 for access and utility purposes,the indicate the location of said easement on the drawing and note that said easement is for a"new private access and utilities easement". Since the new lots created under this short plat are under common ownership at the time of recording,there can be no easement until such time as ownership of the lots is conveyed to others,together with and/or subject to specific easement rights. Also, add the following Declaration of Covenant language on the face of the subject drawing, the previous paragraph applies: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing thereon covenants and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. The private access/utilities easement(noted in the previous two paragraphs)requires a"New Private Easement for Ingress,Egress, &Utilities Agreement". The maintenance responsibility of the easement must be defined. See the attachment. Comments for the Project Manager: An unsigned"Private Joint Access Easement"document was included in the June submittal for the subject property. Although we have no comments to make on private easements (this one being between the applicant and the US Post Office), note that they can be recorded with the short plat(as mentioned above). Said document was not included in the current submittal. Has it already been recorded, or is it waiting for short plat approval? Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is provided for your use and information. H:\File Sys\LND-Land Subdivision&Surveying Records\LND-20-Short Plats\0331\RV021125.doc\sjf Note: New private exclusive easement for ingress, egress and utilities is to be created upon the sale of lots shown on this short plat. The owners of Lots shall have an equal and undivided interest in the ownership and responsibility for maintenance of the private access and utility easement. These maintenance responsibilities include the repair and maintenance of the private access roads, drainage pipes, any storm water quality and/or detention facilities within the easement, private signage, and other infrastructure not owned by the City of Renton or other utility providers. Maintenance costs shall be shared equally. Parking on the paving in the access easement is prohibited, unless pavement width is greater than 20 feet. • City of Renton Department of Planning/Building/Public WoI KS ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: as- COMMENTS DUE: DECEMBER 2, 2002 APPLICATION NO: LUA-02-129,SHPL-A DATE CIRCULATED: NOVEMBER 18,2002 APPLICANT: Tim O'Kane PROJECT MANAGER: Jason Jordan PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO: 77058 LOCATION: 4225 NE 4th St. SITE AREA: 260,312 sq.ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property located at 4225 NE 4th Street.The subject site is located within the Center Suburban (CS)zoning designation and Comprehensive Land use designation. Currently,the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major information Environment Minor Major information Impacts Impacts Necessary impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS ✓,0 77 C. CODE-RELATED COMMENTS \V/iltete_ ot, 1/AO (71'llt /e7.2 We have rev' wed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wh e dditional information is eeded to property assess this proposal. ` / A6)// _ Signature of Director or Autho e epresentative Date routing.doc Rev.10/93 A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS "It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of $530.76 per each new single family lot to address these potential impacts." Parks Mitigation Fee A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS "It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of$354.51 per each new multi family unit to address these potential impacts." CITY OF RENTON MEMORANDUM DATE: November 25, 2002 TO: Jason Jordan FROM: Arneta Henninger X7298 0\ SUBJECT: RIBERA - BALKO PLAT APPLICATION LUA 02-129 4225 NE 4TH ST I have reviewed the application for this two lot short plat which is located on the south side of NE 4th St, east of Union Av NE and west of the US Post Office all in Section 15, Twp. 23N Rng. 5E and have the following comments. Existing Conditions Water--There is an existing 8" watermain in NE 4th St adjacent to the site. The project site is located in the 565 Pressure Zone. The static water pressure at the street level is approximately 70 psi. Sanitary Sewer-- There is an existing 15" sanitary sewer main located on the east side of this parcel of land. Storm-- There are storm drainage facilities in NE 4th St adjacent to and east of this proposed development. CODE REQUIREMENTS Street Improvements: • This short plat shall install full frontage improvements on NE 4th St including concrete curb, gutters and a 6' sidewalk with a 6' planting strip between the curb and sidewalk prior to recording the short plat. • The short plat will also be required to remove and replace the existing south lane of asphalt in NE 4th St across the full frontage of the parcel of land being developed prior to recording the short plat. • Additional right-of-way will be required to be dedicated prior to the recording of the short plat. • Street lighting designed and installed to City standards will also be required to be installed by this short plat project prior to recording the short plat. Ribera Short Plat Application -- November 27, 2002 Page 2 of 4 Storm Drainage: • The water quality treatment and detention shall be designed to be in compliance with the Level 2 1998 King County Surface Water Manual. • The site is within the Maplewood drainage basin. Due to the sensitivity of this creek system, we recommend additional drainage mitigation requirements through the SEPA process. Due to our concerns for possible erosion and sedimentation problems from further construction activities on the site, we recommend the following conditions for this short plat (for both preliminary short plat development and future building permits for the individual lots): 1. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the King County Surface Water Design Manual. This will be required during the construction of both off-site and on-site improvements was well as building construction. 2. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented the SWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on-site improvements as well as building construction. 4. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector for the construction of the civil improvements of the plat. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. • Additional storm improvements are required to be installed in NE 4th p q St prior to recording the short plat. The applicant will need to contact the DOFW if the proposal is to pipe the ditch in NE 4th St. • There will need to be some type of storm maintenance agreement that holds the lots responsible for the storm drainage system onsite. ,ill Ribera Short Plat Application November 27, 2002 Page 3 of 4 • The project will be required to pay the Surface Water System Development Charges prior to the issuance of the construction permit. The fees are determined by the development proposed. Storm Drainage Report The storm drainage report is missing the water quality analysis and conveyance sizing calculations. The detention sizing comments are as follows: 1. The applicant will need to revise the detention calculations to include the 1998 KCRTS Level II flow control standard. 2. The KCRTS model must be run using a 1-hour time step, not the 15-min time step as shown in the report. 3. It's not clear from the report what is the total project impervious surface area for developed conditions. The report should break out the pervious and impervious surface area as well as which impervious areas are pollution-generating surfaces and which are not such as roof and sidewalk. It appears from the report that approximately 2.4 acres of impervious surface will be added; however, the KCRTS time series input shows only 1.59 acres of impervious. A table showing the land use under pre- and post-developed conditions would be helpful. WATER: • Construction of a commercial building will trigger a separate review. Per the City of Renton code when the required fire flow is over 2500 GPM, the fire hydrants shall be served by a main which loops around the buildings and reconnects back into a distribution supply main. • Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM with one hydrant located within 150 feet of the structure and two additional hydrants located within 300 feet of the structure. This distance is measured along the travel route. These issues are covered in greater detail once a development plan is submitted. This water information is intended to supply information for the applicant to use at a future date and is not intended to list design criteria for an unknown development. • SDC fee review for water will be applied at the time the development makes application for a building permit. The fees are determined by the development proposed. SANITARY SEWER: • Construction of a commercial building will trigger a separate review. A sanitary sewer main extension will not be required for this short plat. Ribera Short Plat Application November 27, 2002 Page 4 of 4 • Thisparcel of land is to the East Renton Interceptor Special Assessment subjectP P District (SAD). This assessment is $224.52 plus interest per unit or $0.069 per square foot of property for commercial development and is collected at the time each new lot develops and prior to the issuance of the construction permit. • This parcel of land is subject to the Fairfield Development Inc. Latecomers (Latecomers 8707). This assessment is collected at the time each new lot develops and prior to the issuance of the construction permit. • The project will be required to pay the Sanitary Sewer System Development Charges. The SDC fees are collected at the time each new lot develops and are due prior to the issuance of the construction permit. The fees are determined by the development proposed. GENERAL: • The site is located in the Aquifer Protection Zone 2 and may be subject to additional requirements per City code. A fill source statement (RMC 4-4-060L4) is required if more than 100 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-03007) shall be followed if during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6- 030E2 and 3)--Biofilters, stormwater conveyance, and water quality ponds may require a groundwater protection liner. Impervious surfaces shall be provided for areas subject to vehicular use or storage of chemicals. This is not intended to be a complete list of the APA (Aquifer Protection Area) requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton code book. • All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. • All plans shall be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control Network. • Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvement is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. ' • When each lot develops they will be required to submit a Traffic Report. City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ?\a,^ -Zev .e..t0 COMMENTS DUE: DECEMBER 2, 2002 CITY OF RENTON APPLICATION NO: LUA-02-129,SHPL-A DATE CIRCULATED: NOVEMBER 18,2002 RECEIVE APPLICANT: Tim O'Kane PROJECT MANAGER: Jason Jordan PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO: 77058 NOV 2 U LOa1 LOCATION: 4225 NE 41h St. BUILDING DIVISION SITE AREA: 260,312 sq.ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property located at 4225 NE 4th Street.The subject site is located within the Center Suburban(CS)zoning designation and Comprehensive Land use designation. Currently,the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the westernl and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. ; ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics • Water Light/Glare Plants Recreation Land/Shoreline Use Utilities • Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment , 10,000 Feet , 14,000 Feet B. POLICY-RELATED COMMENTS C. I CODE-RELATED COMMENTS (7 "\ar./1-2,-r./("Yin."---A--A------0 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where ad'ional information is needed to properly assess this proposal. " Signature of Directo or uthorized Repr s ntative Date / routing.doc Rev.10/93 1 • City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: fire everb„\ COMMENTS DUE: DECEMBER 2, 2002 r APPLICATION NO: LUA-02-129,SHPL-A DATE CIRCULATED: NOVBRIB(`R t8,(200z: Il t,p ' ' I i 1l I U APPLICANT: Tim O'Kane PROJECT MANAGER: Jasgn_Jogciatt it !-.l\ I I I PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO: 77058: I I`I I NOV��}� � 8 I ) i j I i 20022 _J LOCATION: 4225 NE 4th St. I i SITE AREA: 260,312 sq.ft. I BUILDING AREA(gross): l'``I/A r‘rry nr rr.iT";i SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property lo!atdd_attA2i6iN E:4th_StreetTThe subject site is located within the Center Suburban(CS)zoning designation and Comprehensive Land use designation. Currently,the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information 1 Impacts impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 10 B. POLICY-RELATED COMMENTS /() C. CODE-RELATED CC31MEXS C075 //-7-44-e-- We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where dditional infor •pn is needed to properly assess this proposal. all4A to s4 1/r 701---- Signature' f irector or Authorized -: presentative Date routing.doc Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: S LOe .e( COMMENTS DUE: DECEMBER 2, 200 CITYOFRENTON � E � EIVED APPLICATION NO: LUA-02-129,SHPL-A DATE CIRCULATED: NOVEMBER 18,2002 NGV 2002 APPLICANT: Tim O'Kane PROJECT MANAGER: Jason Jordan PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO: 77058 BUILDING DIVISION LOCATION: 4225 NE 4th St. SITE AREA: 260,312 sq.ft. BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property located at 4225 NE 4th Street.The subject site is located within the Center Suburban(CS)zoning designation and Comprehensive Land use designation. Currently,the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS 72)22- /// We have reviewed this application with articular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional informs n is e ded to properly assess this proposal. Signature of Director or Authorized Representative Date routing.doc Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: (ohs -. v COMMENTS DUE: DECEMBER 2, 2002 APPLICATION NO: LUA-02-129,SHPL-A DATE CIRCULATED: NOVEMBER 18,2002 CITY OF RENTON APPLICANT: Tim O'Kane PROJECT MANAGER: Jason Jordan RECEIVED PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO: 77058 NEW ! J 2002 LOCATION: 4225 NE 4th St. SITE AREA: 260,312 sq.ft. BUILDING AREA(gross): N/A BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property located at 4225 NE 4th Street.The subject site is located within the Center Suburban(CS)zoning designation and Comprehensive Land use designation. Currently,the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. , ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet • - -- 14,000 Feet B. POLICY-RELATED COMMENTS /y b/l6 C. CODE-RELATED COMMENTS MiA IC We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wher additional information is needed to properly assess this proposal. loll' Sig ature of Direct r Authorized Repre Date routlng.doc Rev.10/93 City of RE a i Si Department of Planning/Building/Public ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: - COMMENTS DUE: DECEMBER 2, 2002 APPLICATION NO: LUA-02-129, SHPL-A DATE CIRCULATED: NOy. ; ER 18; , 02 APPLICANT: Tim O'Kane PROJECT MANAGE(� on Jordan PROJECT TITLE: Ribera-Balko Short Plat WORK ORDER NO`77U58--� LOCATION: 4225 NE 4th St. SITE AREA: 260,312 sq.ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant is requesting a two lot short plat for the property located at 4225 NE 4th Street.The subject site is located within the Center Suburban (CS)zoning designation and Comprehensive Land use designation. Currently,the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1) and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air' Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. AAP %/—/ 7-01,. Signature of Direc or or Authorized Representative Date rouUng.doc Rev.10/93 ,D .2 • NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. • PROJECT NUMBER/NAME: Ribera-Balko Short Plat/LUA-02-129,SHPL-A PROJECT DESCRIPTION: The applicant is requesting a two lot short plat for the property located at 4225 • NE 4th Street.The subject site is located within the Center Suburban(CS)zoning designation and Comprehensive Land use designation. Currently, the property is vacant and undeveloped. The subject site is relatively flat with a Category II wetland and stream running along the western and southern property boundaries. The applicant is proposing to create two lots,which would be 58,446 square feet(Lot 1)and 201,867 square feet(Lot 2)in size. Access is planned from NE 4th Street. PROJECT LOCATION: 4225 NE 4th St. PUBLIC APPROVALS: Administrative Short Plat Review APPLICANT/PROJECT CONTACT PERSON: Dan Balmelli at Barghausen Consulting Engineers(425)251-6222 Comments on the above application must be submitted in writing to Jason E. Jordan, Project Manager, Development Services Division, 1055 South Grady Way, Renton,WA 98055,by 5:00 PM on December 2,2002. If you have questions about this proposal,or wish to be made a party of record and receive additional notification by mail,contact Jason Jordan at(425)430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION e ;Of I."IT'a xu �i i�`tg9ARlt RppAGACnYp ytya ri DATE OF APPLICATION: November 7,2002 .hall t . !° r>< E•" pom p a •r ' • � r d l a1 ,��^ �' r�`f>t ddle kinT �,bra `i z,s � ^', NOTICE OF COMPLETE APPLICATION: November 15,2002 p °°• , 0 "�'' tt+ tb��x°+ 1�0.94 #yt -V `� �N r. �'c :;ptme l Neighborhood rAq1 !G �1�M� AP llisd°bt°p :�^ ` ,YI:s as Mall dai[lAy. �� IN°xad;.+ DATE OF NOTICE OF APPLICATION: November 18,2002 *����� ,��`t��t,V �a��n l ' ����,�tom, ecR.*,IG 1� •RM„n`�fl � e.„� 1!e" o•w'l'I? .121VIP prig eel 1611-1 12 i�� i YTE I., YM� ��ill via Lira • t •♦t9Q! • Antzmommo Lnrpp :, -• 1, r,:te:, �a�c.A 01 7 '1 o is •� xar K lrhr.4$x 4 col., 7.1;;FRL---7 oRiS' 04.t.Al .Rielt4ei/� *Cl p�as?RRi•ARRRRRRR.k.eDffl If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton,Development Planning,1055 South Grady Way,Renton,WA 98055. File No./Name: Ribera-Balko Short Plat/LUA-02-129,SHPL-A NAME: ADDRESS: TELEPHONE NO.: NOTICE OF APPLICATION.doc •• CITY CF RENTON to f ..LL Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator November 18;2002 Dan Balmelli Barghausen Consulting Engineers • 18215—72nd Ave. S. Kent,WA 98032 SUBJECT: Ribera-Balko Short Plat LUA-02-129, SHPL-A Dear Mr. Balmelli: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at(425)430-7219, if you have any questions. Sincerely, i 5 Jason E. J rdan Associate Planner cc: Ribera-Balko Enterprises/Owner Tim O'Kane/Applicant accepiance.do1c055 South Grady Way-Renton,Washington 98055 RENTON �� AHEAD OF THE CURVE :.* This paper contains 50%recycled material,30%post consumer = a°g8 v ®a —ir) DEVELOPMENT PLANNING City of Renton CITY OF RENTON LAND USE PERMIT Nov 0 7 2002 RECEIVED MASTER APPLICATION PROPERTY OWNER(S) I I PROJECT INFORMATION NAME: Ribera-Balko Enterprises PROJECT OR DEVELOPMENT NAME: Ribera-Balko Enterprises Short Plat ADDRESS: 16400 Southcenter Parkway, Suite 304 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 4225 NE 4th Street CITY: Tukwila ZIP: 98188 TELEPHONE NUMBER: (206) 394-9601 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 582110-0020 I ; APPLICANT (if other than owner) NAME: Tim O'Kane EXISTING LAND USE(S): Vacant COMPANY(if applicable): PROPOSED LAND USE(S): Insignia Kidder Mathews Commercial/Multi-family ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: 411-108th Ave. NE, Suite 201 CS CITY: Bellevue ZIP: 98004 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A TELEPHONE NUMBER (425) 450-1137 EXISTING ZONING: CS CONTACT PERSON I PROPOSED ZONING(if applicable): N/A NAME: Dan Balmelli SITE AREA (in square feet): 260,312 SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED COMPANY(if applicable): FOR SUBDIVISIONS OR PRIVATE STREETS SERVING Barghausen Consulting Engineers THREE LOTS OR MORE(if applicable): N/A ADDRESS: 18215-72nd Avenue South PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE(if applicable): N/A CITY: Kent ZIP: 98032 NUMBER OF PROPOSED LOTS(if applicable): Two TELEPHONE NUMBER AND E-MAIL ADDRESS: (425) 251-6222 NUMBER OF NEW DWELLING UNITS(if applicable): N/A WEB\PW\DEV SERV\AFORM\aformmasterapp.doc07/01/02 PRL__CT INFORMATION (continue;,.:; NUMBER OF EXISTING DWELLING UNITS(if applicable): PROJECT VALUE: $90,000 N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL IS THE SITE LOCATED IN ANY TYPE OF BUILDINGS(if applicable): N/A ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE(if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A ❑ AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL ❑ AQUIFER PROTECTION AREA TWO BUILDINGS(if applicable): N/A ❑ FLOOD HAZARD AREA sq.ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN(if applicable): N/A ❑ GEOLOGIC HAZARD sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS(if ❑ HABITAT CONSERVATION sq.ft. applicable): N/A ❑ SHORELINE STREAMS AND LAKES sq.ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE WETLANDS ± 87,120 sq. ft. NEW PROJECT(if applicable): N/A LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE N /4 QUARTER OF SECTION 15, TOWNSHIP 23, RANGE5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Short Plat 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I I, (Print Name/s) Diana Lee Ribera , declare that I am (please check one) X the current owner of the property involved in this application or the authorized representative to act for a corporation(please attach proof of authorization)and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that T nw A L iP--P signed this instrument and acknowledged it to be his/her/their free and voluntary act for the Ribera—Balko Enterprises uses and purposes mentioned in the instrument. 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On the 2-2- day of AU(�NS `r 2 U®( ,I installed t public information sign(s)and plastic flyer box on the property located at 51(1W laYtii2-0for the following project: I -I 8e�2k &A-L-K-6 1 a-0 - Project name 2t 13e7-+-AA-Uk-D L-N7`7e491?a.SES Owner Name 2. -• I have attached a copy of the neighborhood detail map marked with an "X"to indicate the location of the installed sign. 3. This/these public information sign(s)was/were constructed and installed in locations in conformance with the requirements of Ch ter 7 Till of Re Municipal Code. Installer i ure SUBSCRIBED AND SWORN to before me this )2 day of( 1 �u , 2op/ 6.16671 S .gSlOiy�+� .p ++ NOTARY PUB I in end for a State of Washington, o NOTAgy p: i�residing at - . m. / i poB�IC �'r My commission expires on - -(� PUBSIGNS, , '. REV.05/00 '+ '� 9.9_0A 1, . ...... 1� OFWAS140 - 12 FELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Calculations,Survey i • .::::.:... ............ Drainage Control Plan 2 O.. e. . ....::....::::.::...... Elevations,Architectural 3 AND 4 Existing Covenants(Recorded Copy)4 atu� .:::::::::::..... ........... ..... Flood Plain Map, if applicable 4 Geotechnical Report2ANo3 :.. :.::.::..:......::....:•.....:......:...:..:.:.......::..... RAJ Grading Plan, Detailed 2 Landscaping Plan, Conceptual. toogmomimo List of Surrounding Property Owners 4 M:;•tfe : ormrpe> : ::> iprs ?< >i,,,0:>mx.x: < >'» >' > '>> :':<<:>'<:`:>><::>:>::::::::::::::::: ::::::<>::»<:`>::::>>:<:<;:::;::<::>:;::>:::::«;:::>:•:>:«:::»::>::»::::::;:;:::>;>::.:;.:.:.::.::.::.;:.:.;:.::;.:.;. :...aiTir� �abef�fir I�ro . . ..4w . ::::::.::.::::.:.........:.:.:::.:.� Map of Existing Site Conditions 4 Monument Cards (one per monument) C'RAt . ot:Cc�V .. ;. Fn . ..�r a .:::::;:>:;;:>;:.:;;;::.;:<.:;:•.:;.;:.:�:;::>::.:::;.:::.;:.::::.::.;.;•.;:.;:-::::::;>:;.;:.;;:-•:.;:.:.;.;:::;:.;::�:>�;>:;.:;:�.;:;.;:.::;::.:.;:.:;:;:>::.:»; ::.,..��..: ::.:::: .:... ..::�{_>artdsr,a in .�ai. sis..�:::::>•::::::::::.�::.:::::..:.:.:.::.:::::::::::.::.::::::.:::::.:.:::.::::.::::::::::.:: .::.�:::::::.:...::::.:.�.:::...:::.::...:•:.: � ::.�:::::::: .............. Plan Reductions (PMTs)4 ..�..r .,........ • Preapplication Meeting Summary 4 :u�)Ic'Wnrks.. rt��ral t�it#er.z .:.:�.�.....�.:�::.::. . ... . ::::::.�:.:::.: ..:�.::::::::..:::::.•::::::...::.::::.:..:.:::,.:.<.:•:.::::: Rehabilitation Plan 4 This requirement may be waived by: I 1. Property Services Section PROJECT NAME:��/'0 - ��/ ( �f 22- 2. Public Works Plan Review Section / / t/ 3. Building Section DATE: ' 4. Development Planning Section h:\division.s\d evelop.ser\dev.plan.ing\waiver.xls REVISED 5/17/00 ' _:VELOPMENT SERVICES DIVISION - WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS ling Detail 4 '.eport or Plat Certificate 4 • .. ..............our$..a.................:::::::::::::::................:::.�:::::..................:.::::::::.: ..........:::.:_:.:...............::.:::._::..........:.:::::.�:.�:::..........::::::._::..:..........�:::::.... •....•.•.••.••••............::.�.:::.�::w:::::.:�::.�:::::::::wi::•i:•;6}ii:4i:•:•:�:::iJ:?i:�:i%:iii?{i:?i�ii}M:ii: ' � ii4v4ii':4i;;{p:i:>:iiJ::::i:.^ii:i•:vi}i:•iv+}Ji:Ti'�:v ?ii:vii•i::+iii?:::%::i?�?ii}ii;:;:j;i:;:;}i:i:^i:•�viiiiii'ii:i. •••.......••.•..••......••.....:::::::::::::::_.:::::::•�•i?isLiii:Oiii:•:i•iiii:}i::iiiiiii+:4i?i?::ii:>:: :i%: ::is?:}iTi>:?: �iiiii:ii'r • Study z :. Center Design Overlay District Report 4 ...:.gin,:�. .. raloetl.: .:.:..............:.:::..::::::.....................�::::..:�:.::.............:.::::::::::.::.........:.:::::::::..............:::::::::::...........::::.::::.�:.........:.�:::.:�.�:::::..........::.:::.:::: ids Delineation Map 4 I ids>;:..... ds Study 4 pl±car:fiA� reert�erl�•�t�fierrterlf. : a.....::�:�...................rt ;bites. : ... . r erne ............. .Ora •.: ; .:::.;:.;:;;;::::::.:::.;;:.;::.;::.;:.;:.::.;:.;:::::::.;:::;;:.::.;::.::<.:«.;:.;..:::::::::.::.:.;:.:.::.::;.;:.;:;.;;:.;.:::.;�.:;.;:.;:.;;:.:;;:.::<:::::::>;:.;:.::;;:.:;;:.;;:::::::::.::.;;:.;;:.;;:.:;:.::.:::::::.::.;::.;;:.:::.;::.::.:.:.:;::.:.: luirement may be waived by: >erty Services Section PROJECT NAME: lic Works Plan Review Section • ling Section DATE: alopment Planning Section Ii 1,1 h:\divisions\develop.ser\dev.plan.ing\waiver.xls PROJECT NARRATIVE RIBERABALKO ENTERPRISES TWO-LOT SHORT PLAT N.E.4TH STREET AND UNION AVENUE S.E. RENTON,WASHINGTON 98055 APRIL 8,2002 1. Project name,size,and location of site: oFVFC Op Ribera/Balko Enterprises Short Plat Co), FRFMONN/N N.E.4th Street,East of Union Avenue S.E. NOVN c�` Renton,Washington 98055 Q 208 Section 15,Township 23,Range 5 East,W.M.,King County,Washington ����®PE Size of site: ±5.29 acres 2. Zoning designation of the site and adjacent properties: a. Site: CS, Center Suburban b. Adjacent Properties: North: CS South: R-10 East: CS West: CS 3. Current use of the site and any existing improvements: The subject property is located on the south side of N.E. 4th Street, approximately 300 feet east of Union Avenue S.E. and is approximately 5.29 acres in size. The property is relatively flat and vegetated. The westerly portion of the site contains a Class III Wetland of approximately±2 acres and a drainage channel, classified as a Class III Stream. There are no structures currently on the site. The surrounding area is composed of a variety of commercial and retail uses. 4. Special site features(i.e.,wetlands,water bodies,steep slopes): The westerly portion of the site has been designated as a Class III Wetland with a Class III Stream extending through it in a north to south direction. The majority of the wetland and stream will be preserved under the proposed application. Please see the Stream, Wetland, and Buffer Plan and Report prepared by Habitat Technologies,enclosed with this application for more detail. 5. Statement addressing soil type and drainage conditions: According to the Soil Conservation Service map for this area, the soil is classified as Alderwood Gravelly Sandy Loam. The existing topography of the site is such that existing surface runoff generally sheet flows from the northeast to the southwest towards the wetland and drainage channel and then continues off site to the south. -1- 7546.015[DKB\sbd] { 6. Proposed use of the property and scope of the proposed development (i.e., height, square footage, lot coverage,parking,access,etc.): The proposed project consists of the processing of a two-lot short plat on approximately 5.29 acres located along the south side of N.E. 4th Street in Renton, Washington. SEPA is not required for this application. A Mitigated Determination of Non-Significance was issued for the previous short plat application on June 27,2002,(please see enclosed copies). The project will include the construction of storm drainage,roadway and utility improvements to serve the proposed lots as well as construction of wetland mitigation improvements and the tightlining of a portion of the drainage channel on proposed Lot 1. Future development of the individual lots will occur under separate land use applications and building permits. 7. Proposed off-site improvements(i.e.,installation of sidewalks,fire hydrants,sewer main,etc.): It is anticipated that the City of Renton will require curb,gutter and sidewalk improvements along the project site on N.E. 4th Street adjacent to the property. 8. Total estimate construction cost and estimated fair market value of the proposed project: Estimated construction cost: $90,000 Estimated fair market value: $800,000 9. Estimated quantities and type of materials involved if any fill or excavation is proposed: Approximate excavation quantity-3,000 cubic yards Source of fill-to be determined 10. Number,type and size of trees to be removed: Minimal vegetation will be removed for completion of the short plat improvements. Some existing vegetation, including grass, small trees, brush and shrubs will be removed for construction of the stormwater facility, utility improvements, wetland mitigation improvements and general fill operations. 11. Explanation of any land to be dedicated to the City: Twelve feet of right-of-way may need to be dedicated to the City along a portion of the property adjacent to N.E.4th Street. -2- 7546.015[DKB\sbd] LEGAL DESCRIPTION RIBERA/BALKO ENTERPRISES SHORT PLAT Parcels A of Lot Line Adjustment No. LUA99075LLA, recorded under Recording No. 1999062300005, Records of King County, Washington; Situate in the County of King, State of Washington. D61/C/ry O ENT piA RENToNNiNG NOV 741002 7546L.002 GI- A CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES %/ice �2 ; oy Z November 7, 2002 Cfr *NG ENG\NF'- Jason Jordon City of Renton 6VC�OPM Development Services Division ����R PiA� 1055 South Grady Way NNV EM/'OA/ dC' Renton,WA 98055 a E 20,02 v Re: Two-Lot Short Plat Application Review for REc�i Proposed Riberaalko Enterprises Property Located along N.E. 4th Street E® B Renton,Washington BCE Job No. 7546 Dear Jason, On behalf of Ribera/Balko Enterprises, we are submitting the following plans and documents for your use in processing a Two-Lot Short Plat Application for the proposed RiberaB alko Enterprises property. The proposed project is located on±5.29 acres along the south side of N.E.4th Street,approximately 300 feet east of Union Avenue in Renton,Washington. The completed project will consist of the subdivision of the property into two lots for future commercial/retail or multi-family development and the construction of the associated stormwater facility and utility improvements. A Mitigated Determination of Non-Significance was issued for the previous short plat application on June 27,2002. The following plans and documents are enclosed for review: 1. Five copies of the pre-application meeting notes. 2. Three copies of the Subdivision Guarantee 3. Twelve copies of the Land Use Permit Master Application. 4. Twelve copies of the Mitigated Determination of Non-Significance. 5. Twelve copies of the Project Narrative. 6. Five copies of the Construction Mitigation Description. 7. Four Copies of the Joint Access Easement Document and Legal Description. 8. Two copies of letter to Post Office requesting execution of the Joint Access Easement. 9. Two copies of the Affidavit of Installation of Public Information Sign. 10. Two sets of mail labels for Surrounding Property Owners within a 300-foot radius. 11. Two copies of the list of Surrounding Property Owners. 12. One check in the amount of$1,000 for the Short Plat Review fees. 13. Twelve copies of the Neighborhood Detail Map. 14. Twelve copies of the Short Plat Map. 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX www.barghausen.com Jason Jordon City of Renton Development Services Division -2- November 7, 2002 15. Five copies of the Topographic Survey. 16. Five copies of the Stream,Wetland and Buffer Mitigation Report. 17. Twelve copies of the Stream,Wetland and Buffer Mitigation Plan 18. Twelve copies of the Clearing, Grading,Drainage and Utility Plan. 19. Five copies of the Preliminary Access Plan 20. Four copies of the Technical Information Report. 21. Five copies of the Traffic Impact Study. 22. Five copies of the Waiver of Geotechnical Report. 23. Five copies of the Fill Source Statement. 24. One PMT Reduction to 8-1/2 x 11 of each plan to include short plat map, topographic survey, clearing, grading,drainage and utility plan, access plan and neighborhood detail map. Please review the enclosed plans and documents at your earliest convenience and please feel free to contact me with any questions or if you need any additional information at this time. Thank you. Sincerely, Daniel K. Balmelli,P.E. Executive Vice President DKB/bsd 7546c.006 enc: As noted cc: Diana Ribera,Ribera/Balko Enterprises(w/enc) Tim O'Kane,Kidder,Mathews &Segner(w/enc) 4. #=r_ n . CITY RENTON to 7 f,e; ` Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 27, 2002 n fi f TR/ JU 2 0 2002 J,. It Mr. Dan Balmelli ---.., Barghausen Consulting Engineers 18215—72nd Avenue South Kent, WA 98032 SUBJECT: Ribara/Balko Enterprises Short Plat CM;4/e Project No. LUA-01.-117,ECF,SHPL-H,V-H �F FNTp�NiNG Dear Mr. Balmelli: �� `' This letter is written on behalf of the Environmental Review,Committee (ERG advise you that they have completed their review of the'subject project. The ERG issued a thresh l Atermiination of Non-Significance-Mitigated with Mitigation Measures. Please refer'to the enclosed Mitigation Measures document. Appeals of the environmental determination must be filed in writing on or,'-before 5:00 PM July 15, 2002. Appeals must be filed in writing together with the:required:•$75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton'WA 98055': Appeals to the Examiner are governed by Mu nicipal of Renton Code Section 4-8-110B Additional information regarding the appeal process may be obtained from the Renton City_Clerk's Offiice, (425) 430-6510. A Public Hearing will be held by the Renton."Hearing Examiner in the Council Chambers on the seventh dy,floor of City Hall, 1055 South Gra Way, Renton, Washington, Op July 30, 2002 at 9:00 AM to consider the proposed Variance and Short Plat: The applicant or representative(s):of the applicant is required to be present at the public hearing. A copy•of the staff report will be mailed to you one week before the hearing. If the Environmental Determination is appealed,the appeal will be heard as part of this public hearing. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at(425)430-7219. For the Environmental Review Committee, I �F Jason E.Jordan • Associate Planner cc: Ribera/Balko Enterprises/Owners Mr.Tim O'Kane/Kidder, Mathews&Segner, Inc. Parties of Record: R.Woodall, C. Mosteller, K. Schrader, C. Donnelly, E. Gullekson Enclosure dosodeuet RENTON 1055 South Grad Way-Renton;Washington 98055 AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-01-117, ECF, V, SHPL-H APPLICANT: Kidder, Mathews &Segner, Inc. PROJECT NAME: RIBERA/BALKO SHORT PLAT DESCRIPTION OF PROPOSAL: The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval With Environmental Review to create three lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4t. Street. In conjunction with the short plat proposal, the applicant is requesting a variance from tie Critical Areas Regulations to culvert a portion of the Maplewood Creek system, which flows adjacent to NE 4 Street and then turn south near the subject site's western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4 Street. In addition to the regulated drainage course, the subject site also. contains a 42,846 square foot Category III wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet of wetland area along the northeastern^wetland boundary and replace it with 8,136 square feet of wetland area along the western portion of the wetland +'The,applicant is also proposing to enhance 8,136 square feet of existing wetland area located'a►ong;the"eastern boundary of the wetland per code requirements. LOCATION OF PROPOSAL: 4225 NE°4th.Street,... 4 L ' MITIGATION MEASURES: 1. Temporary erosion control measures%'shalkbe maintained to the'satisfaction of the representative of the Development Services Division for the duration of the project's construction:, 2. The project contractor shalls'performdailyreviewand maintenance=ofalll erosion and sedimentation control measures at the site duringthe'`construction.:of.both;off-site and on=site improvements as well as building construction. 3. Weekly reports on the status?and condition=of'the_erosion<controlzplan withany recommendations of change or revision to maintenance schedules:-,or installation shall be submitted byfthe project Engineer of record to the public works inspector for the preliminary short plat construction:; Certification of the installation, maintenance and proper removal off theerosion,control:facilities;shall;;be required prior to recording of the final short plat. 'K' ' 4. The applicant shall install a silt fence along the downslope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearingand,,grading is initiated, and shall be constructed in conformance with the specifications presented in Section D.4.3.1''o he 1998 King County Surface Water Design Manual, Appendix D. This will be required during the construction o 0 0 -si a an on-si a is as well as building construction. 5. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in Section 4.4.1 of th_e 1998 KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. 6. Clearing,,grading, stormwater erosion and sedimentation control shall be subject to the 1998 King County Surface Water Design Manual. 7. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report prepared by Habitat Technologies dated May 22, 2002 in regards to wetland maintenance, monitoring and construction of the project. 8. , The applicant shall be required to install silt fencing with brightly colored construction flags to indicate the boundaries of the wetland area and buffer prior to the issuance of construction permits. 9. The applicant shall be required to revise the preliminary short plat plan_y eliminating the 36-foot drive proposed to serve Lot 1 located in the northwest corner of the subject site. mitmeasures CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) • ADVISORY NOTES APPLICATION NO(S): LUA-01-117, ECF, V, SHPL-H APPLICANT: Kidder, Mathews &Segner, Inc. PROJECT NAME: RIBERA/BALKO SHORT PLAT DESCRIPTION OF PROPOSAL: The applicant is requesting Hearing Examiner Short Plat Review and Variance Approval with Environmental Review to create three lots ranging in size from 25,841 square feet to 201,908 square feet. The project is located at 4225 NE 4th Street. In conjunction with the short plat proposal, the applicant is requesting a variance from the Critical Areas Regulations to culvert a portion of the Maplewood Creek system, which flows adjacent to NE 4t Street and then turn south near the subject site's western property boundary. The applicant is proposing to culvert the creek in order to construct a sidewalk along NE 4 Street.. In addition to the regulated drainage course, the subject site also contains a 42,846 square foot Category III wetland located adjacent to the western property boundary. The applicant has requested to fill approximately 8,136 square feet,of wetland area along the northeastern wetland boundary and replace it with 8,136 square feet of wetland.area along the western portion of the wetland. The applicant is also proposing to enhance 8,136 square,feet of existing wetland area located along the eastern boundary of the wetland per code requirements:' - LOCATION OF PROPOSAL: ^ .4225 NE 4th Street Advisory Notes to Applicant The following notes are supplemental information provided in'conjunction with the environmental determination. Because these`notes are provided as information'only, they are not subject to the appeal process for environmental determinations. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development.Services Division: 2. The subject site is located within the Center Suburban (CS) zoning and comprehensive land use designation area. 3. Commercial, multi-family, new single`family-and.other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m..and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock(8:00) p.m. No work shall be permitted on Sundays. 4 Prior to building permit approval,the applicant will be required to revise the Proposed site plan to include a loading area-subiect to RMC 4-4-080J. 5. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 6. The applicant shall be required to create a separate native growth protection area containing the wetland and its buffer via a conservation easement, protective easementor tract/deed prior to the issuance of building permits (RMC4-3-050G). 7. The applicant shall be required to erect a spilt-rail fence of other"fence, type as approved by the Development Services Division denoting the edge of the wetland buffer boundary prior to the finalization • of all construction permits. Ribera/Balko Short Plat LUA-01-117,ECF,SHPL-H,V-H Advisory Notes (continued) Page2of3 8. The applicant shall be required to permanently identify the native growth protection area by including a wood or metal sign on treated or metal posts. Suggested wording of the sign is as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited by law" (RMC4-3-050G5). 9. The applicant shall submit a final w land mitigation Ian prior to t e Development Services Division prior to the issuance o`rbuif or construction permits - - OM 10. The applicant shall be required to submit a Performance Surety Device acceptable to the city such as a letter of credit, irrevocable set-aside letter or cash estimated at 1.5 times the cost of the performance of the wetland (RMC4-3-050M17a). 11. The applicant shall be required to submit a Maintenance Surety Device acceptable to the City such as a letter of credit, irrevocable set-aside letter or cash guaranteeing the wetland enhancements perform satisfactory for a period of no less than five years after project completion (4-3-050M17b). Building 1. Soils to be monitored by Geotechnical firm. Fire 1. None. Plan Review—Surface Water • 1. There are storm drainage facilities in:NE 4th"St to the east. Additional storm improvements are required to be installs ' ttLSt r_pria to recording the short Wit.;The applicant will need to contact the UI-W i e proposal,is to pipe the ditch in NE.4th St. 2. There will need to be some:type of storm maintenance agreement that'holds all of the lots responsible for the storm drainage system onsite. 3. The project will be required to pay the Surface Water System Development Charges each new lot develops and prior to the issuance of the construction permit. ,The fees are determined by the development proposed. Plan Review—Water 1. The project site is located in.the 565 Pressure Zone. The static water pressure at the street level is approximately 70 psi. 2. There is an existing 8"watermain=in‘NE 4th St adjacent to the site. 3. Construction of a commercial building will trigger'a separate review. Per the City of Renton code when the required fire flow is over 2500.GPM the fire hydrants shall be served by a main which loops around the buildings and reconnects back into a distribution supply main. 4. Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM with one hydrant located within 150 feet of the structure and two additional,hydrants located within.300 feet of the structure. This distance is measured along the travel route. These issues are covered in greater detail once a development plan is submitted. This water information is intended to supply information for the applicant to use at a future date and is not intended to list design criteria for an unknown development. 5. Construction of a commercial building will trigger a separate review. SDC fee review for water will be applied at the time the development makes application for a building permit". The fees are determined by the development proposed. Plan Review—Sanitary Sewer 1. There is an existing 8"sanitary sewer main in NE 4th St. 2. There is an existing 15"sanitary sewer main located on the east side of this parcel of land. 3. A sanitary sewer main extension will not be required for this short plat. 4. This parcel of land is subject to the East Renton Interceptor Special Assessment District (SAD). This assessment is $224.52 plus interest per unit'and is collected at the time each new lot develops and prior to the issuance of the construction permit. 5. This parcel of land is subject to the Fairfield Development Inc. Latecomers (Latecomers 8707). This assessment is $19529.39 and is collected prior to the issuance of a construction permit. Advisory Notes - Ribera/Balko Short Plat LUA-01-117,ECF,SHPL-H,V-H Advisory Notes (continued) Page 3 of 3 6. The project will be required to pay the Sanitary Sewer System Development Charges. The SDC fees are collected t the time each new lot develops and are due prior to the issuance of the construction permit. The fees are determined by the development proposed. Plan Review—Transportation 1. This short plat shall install full frontage improvements on NE 4th St including concrete curb, gutters and a 6'sidewalk with a 6' planting strip between the curb and sidewalk prior to recording the short plat. 2. The short plat will also be required to remove and replace the existing south lane of asphalt in NE 4th St across the full frontage of the parcel of land being developed prior to recording the short plat. 3. Additional right-of-way will be required to be dedicated prior to the recording of the short plat. 4. Street lighting designed and installed to City standards will also be required to be installed by this short plat project prior to recording the short plat. 5. When each lot develops they will be required to submit a Traffic Report. Plan Review—General 1. The site is located in the Aquifer Protection::Zone12,and;;may be subject to additional requirements per City code. A fill source statement (RMC.,4-4060L4) is required if more than 100 cubic yards of fill material will be imported to the project,site.' Construction Activity Standards (RMC 4-4-03007) shall be followed if during construction,,more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site; Surface''Water" Management:Standards (RMC 4-6-030E2 and 3)-- Biofilters, stormwater conveyance, and.water quality ponds,,may require a groundwater protection liner. Impervious surfaces shall be providea-for areas subject tovehicular Use,;or foragee oocemicaiss.. Tics i§ not intended to be a complete;•:iist',of the AFA-(Aquifer, Protection Area) requirements nor does this information substitute for the full ordinance; it is'only;inten�ded to'guide the<applicant to the City of Renton code book. 2. All required utility, drainage and street-improvements;-.will require=.separate plan submittals prepared according to City of Renton:drafting;standards;by a`-licensed Civil Engineer:, 3. All plans shall be tied to a minimum:of.two.ofrtl a City;of Renton,.current'Horizontal and Vertical Control Network. 4, Permit application must include anz itemized cost estimate'for these(improvements. The fee for review and inspection of these improvement.is 5% of the;first $10,0,0000of the estimated construction costs; 4% of anything over $100,000 but less than $200,000,:arid 3%.of:anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water servicp related expenses. See Drafting Standards. Advisory Notes CONSTRUCTION MITIGATION DESCRIPTION RIBERA/BALKO ENTERPRISES TWO-LOT SHORT PLAT The following is a summary of the construction mitigation measures that are proposed for the Ribera/Balko Enterprises Short Plat in accordance with Item No.7 of the Short Plat Submittal Requirement Form: 1. Proposed Construction Dates: Construction of the short plat improvements is scheduled to begin in Spring of 2003, and it is anticipated to be completed by October 2003. 2. Hours of Operation: The hours of operation during construction of the project is anticipated to be on weekdays from 7 a.m. to 5 p.m. or up to the maximum allowable hours of operation approved by the City of Renton. 3. Proposed Hauling/Transportation Routes: Although the haul route for trucking imported fill material and removal of debris and unsuitable material has not yet been determined,it is anticipated that the haul route will be along N.E.4th Street, west to I-405. 4. Measures to be Implemented to Minimize Dust, Traffic, and Transportation Impacts, Mud, Noise, and Other Noxious Characteristics: Mitigation measures during the construction phase will include an erosion and sedimentation control plan that will include a temporary construction entrance, silt fence, ditching, and a sedimentation control pond that will control any site runoff so as not to impact adjacent properties or nearby water bodies. Water trucks will be provided as required during the construction phase for dust control and flaggers will be available as needed during the road improvement work for traffic control. Construction equipment will meet or exceed Washington State emission standards for noise and pollution. In addition, street cleaning and sweeping will be provided on an as needed basis, as determined necessary by the on-site Superintendent and/or City Inspector. � G 0 �-o 0222 7546.016[DKB/bsd] . ti o n As MAIL TO: A RIBERABALKO ENTERPRISES �'1'�Q;y� 16400 Southcenter Parkway,Suite 304 Tukwila,WA 98188 ATTN:Diana Ribera PRIVATE JOINT ACCESS EASEMENT THIS INSTRUMENT made this day of , , by and between RIBERABALKO ENTERPRISES, hereinafter called "Grantor(s)," and the UNITED STATE POST OFFICE, hereinafter called"Grantee": WITNESSETH: That said Grantor(s)s for and in consideration of mutual benefits derived and/or other valuable consideration of which is hereby acknowledged by said Grantor(s)s,do by these presents grant, sell,convey,and confirm forever unto the said Grantee, its successors and/or assigns, a joint easement for ingress and egress purposes over, through, across and upon the following described property situated in King County, Washington, more particularly described as follows: See attached Exhibit"A" No obstructions of any kind whatsoever shall be allowed within above described property that would impede the ingress and egress for the purposes herein defined. This easement shall be a covenant running with the land forever and shall be binding upon the Grantor(s)'s successors,heirs,and assigns. Dated this day of , AF.518 • m STATE OF WASHINGTON ) (CORPORATE) )ss. COUNTY OF KING ) On this day of , , before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn,personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires Appointment Expires: STATE OF WASHINGTON ) (PARTNERSHIP) )ss. COUNTY OF KING ) This is to certify that on the day of , , before me the undersigned, a Notary Public,personally appeared and to me known to be the general partner(s)of a limited partnership and acknowledged the said instrument to be the free and voluntary act and deed of said general partner(s) for the uses and purposes therein mentioned, and on oath stated that was/were authorized to execute the said instrument on behalf of said partnership. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires Appointment Expires: AF.518 JOINT ACCESS EASEMENT That portion of Parcel A of City of Renton Lot Line Adjustment No. LUA99075LLA, City Land Record No. LND300193, filed under King County Recording No. 19990623900005, Records of King County, Washington; BEGINNING at the Northeast corner of said Parcel A; THENCE North 88°03'09"West, 34.00 feet along the North line of said Parcel A; THENCE South 01°56'51"West, 225.00 feet; THENCE South 88°03'09" East, 38.52 feet to the East line of said Parcel A; THENCE North 00° 47' 46" East, 225.05 feet along said East line to the Northeast corner of said Parcel A and the POINT OF BEGINNING. Project Name: Balko Renton Site April 8,2002 DJS/ath 75461.001.wpd �GHA V4‘ CIVIL ENGINEERING,LAND PLANNING,SURVEYING,ENVIRONMENTAL SERVICES n � � oZs`Q. April 8, 2002 e -vG ENGIT— • D /c opM& , 0 py Hugh Roche,Project Manager Rjt'1/1/ 0 United States Postal Service NOP ON NO 34301 - 9th Avenue South ' <�� %; P. O. Box 9724 06. Federal Way,WA 98063-9724 ���� RE: Request for Joint Access Easement for Renton Post Office Facility and Ribera Property Our Job No. 7546 Dear Hugh: Thank you for meeting with me recently to discuss the proposed joint access to serve the Renton Post Office and Ribera property located along N.E. 4th Street in Renton,Washington. As I indicated to you, our firm is working with Diana Ribera to complete a short plat on her property located adjacent and just west of the post office facility. During our preliminary meetings with City of Renton staff, they indicated that there are significant traffic problems related to the existing post office's entrance locations, which have resulted in numerous traffic accidents. Our traffic engineer has completed an analysis of this situation and has proposed a joint access that would serve both the post office facility and the Ribera property. The joint access would be located along the post office's westerly property line,and would replace its westerly entrance,which serves the general public's parking area. As requested during our meeting, we have prepared the legal description and easement document for your review and approval. Also enclosed are two copies of the joint access plan. Please proceed to forward the enclosed plans and documents to the appropriate office for review and approval. As we discussed, the United States Postal Service will not be responsible for any fees or construction costs necessary to complete the access improvements. Thank you for your assistance. Sincerely, f '-YL :Z z Daniel K. Balmelli, P.E. Executive Vice President DKB/ath/bd [7546c.004] enc: (1)Copy of Access Easement Agreement and Legal Description (2) Copies of Joint Access Plan cc: Diana Ribera,Ribera Balko Enterprises (w/enc) Tim O'Kane, Kidder,Mathews &Segner(w/enc) Jeff Schram,TENW 18215 72ND AVENUE SOUTH KENT,WA 98032 (425)251-6222 (425)251-8782 FAX w,nnu hornhor,cco,..<.... r • MAIL TO: RIBERAJBALKO ENTERPRISES 16400 Southcenter Parkway,Suite 304 Tukwila,WA 98188 ATTN:Diana Ribera PRIVATE JOINT ACCESS EASEMENT THIS INSTRUMENT made this day of , , by and between RIBERA/BALKO ENTERPRISES, hereinafter called "Grantor(s)," and the UNITED STATE POST OFFICE, hereinafter called."Grantee": WITNESSETH: That said Grantor(s)s for and in consideration of mutual benefits derived and/or other valuable consideration of which is hereby acknowledged by said Grantor(s)s,do by these presents grant, sell,convey,and confirm forever unto the said Grantee, its successors and/or assigns, a joint easement for ingress and egress purposes over, through, across and upon the following described property situated in King County, Washington, more particularly described as follows: See attached Exhibit"A" No obstructions of any kind whatsoever shall be allowed within above described property that would impede the ingress and egress for the purposes herein defined. This easement shall be a covenant running with the land forever and shall be binding upon the Grantor(s)'s successors,heirs,and assigns. Dated this day of , • AF.518 STATE OF WASHINGTON ) (CORPORATE) )ss. COUNTY OF KING ) On this day of , before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn,personally appeared and to me known to be the President and Secretary, respectively, of the corporation that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires Appointment Expires: STATE OF WASHINGTON ) (PARTNERSHIP) )ss. COUNTY OF KING ) This is to certify that on the day of , , before me the undersigned, a Notary Public,personally appeared and to me known to be the general partner(s)of a limited partnership and acknowledged the said instrument to be the free and voluntary act and deed of said general partner(s)for the uses and purposes therein mentioned, and on oath stated that was/were authorized to execute the said instrument on behalf of said partnership. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires Appointment Expires: AF.518 JOINT ACCESS EASEMENT That portion of Parcel A of City of Renton Lot Line Adjustment No. LUA99075LLA, City Land Record No. LND300193, filed under King County Recording No. 19990623900005, Records of King County, Washington; BEGINNING at the Northeast corner of said Parcel A; THENCE North 88°03'09"West, 34.00 feet along the North line of said Parcel A; THENCE South 01°56'51"West, 225.00 feet; THENCE South 88°03'09" East, 38.52 feet to the East line of said Parcel A; THENCE North 00° 47' 46" East, 225.05 feet along said East line to the Northeast corner of said Parcel A and the POINT OF BEGINNING. Project Name: Balko Renton Site April 8, 2002 DJS/ath 75461.001.wpd f 1 G AND DRAINAGE AND UTILIT i • • = ;4.2'.J(2' CONC. _ 2=37 ..31(24 CONC. ) _ t t t ���3 j ,` y.! EX. _.. .rutth i E)?i:C• i 1 t t • i J _ , I r .11 r�.., y 1 $s�ss,a; CB 1O, TYPE E 1 PER CITY OF\t ' i ' ' --opener Sec ,5.—...4- �_-4-94=i9- EN.ION STD . �E,. . �ri .', •10. � 3' _..___..�_ __ Q, 3 VCSRT EAR' y, �� , - CONC. CURB AND GU - - "-'EIN i,99,• <:44:77?. '' :,:: # _ .::, ..,. > , V.:sue.::.. x...., Elk 4,00 7 a S # "O '*zst ,..4J. 0:�4 .4 •-e a�u�iF .,E t - , ..ram �T`•pn,• _ - �t , _ti ____.----EX.---I a ,s "' 2•v cis , .,,� M ' .% �t e6 1R-,• �' r y`i-x : �Sel,�i.."' r. 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I tr..4(f� 7Ll!rr,, ,I '165 LE �`4.471 ® A.50% MINHHf'- f.ff st l•i, IY�f Efi Eil i t 3 • y . — .•y s $<Y s=:59.83 (ADJUSI--RJta-_ 0;..NEW GRADE) �-T --�:.w.""rrrtsoy:.:;:�•",g3t ;e ,,,e.JJ% k: .t: ^•f p.1,..:t 1 5 t:� 41 S"- 1-- Eik... i' . ._- ---•,T't'd: .. J�i§„5 1 t Imo']' v=1:-• _ \ b: t if�:' '?l •- :� 14 i s • 1h, t ;N, ?� •• }'— �: �:• ;', 150 LF 8"•$S MAIN _ -'-� __ _ fF =� �((➢ ♦1 +ti� It : `' 15 SEWER 1 II a 'orik. _ 1j -r EASEMENT 1 �_ `` I. ...1131. -: .....;:�: ' :SI*-.;a Ribera / Balko Short Plat Renton, Washington Traffic Impact Study January 2002 nm Te. o� Prepared for: RB Enterprises W 1.R-0 16400 Southcenter Pk Suite 308 (3. zz Tukwila, WA 98188z. Prepared by: Transportation Engineering NorthWest, LLC Transportation Engineering/Operations ♦ Impact Studies • Transportation Planning • Demand Forecasting Eastside Office: 11410 NE 124th Street,#691 ♦ Kirkland,WA 98034 • Office(425) 820-1728 • Fax(425) 820-5913 Seattle Office: PO Box 65254 ♦ Seattle,WA 98155 • Office/Fax(206) 361-7333 + Toll Free (888)220-7333 Project Manager = Jeff Schramm, schramm@tenw.com Ribera/Balko Short Plat Traffic Impact Study Table of Contents FINDINGS&CONCLUSIONS 1 INTRODUCTION 2 Project Description 2 Project Approach 2 Primary Data and Information Sources 3 EXISTING CONDITIONS 5 Road Network 5 Traffic Volumes 5 Traffic Safety 5 Non-Motorized Transportation Facilities 7 Public Transit Service 7 Planned Transportation Improvements 8 DETERMINATION OF IMPACT 9 Project Trip Generation 9 - Project Trip Distribution and Assignment 9 Traffic Volumes 10 Intersection Operational Analyses 15 Site Access Analysis 16 Driveway Location 16 Driveway LOS 17 Right-Turn Lane Analysis 17 Site Access Mitigation 18 Safety 18 Non—Motorized Facilities 18 MITIGATION MEASURES 20 Appendix A—Existing Intersection Traffic Volumes—Weekday AM and PM Peak Hours Appendix B—Intersection LOS Analysis Results Appendix C—Right-Turn Lane Warrant Analysis asiTransportation Engineering Northwest anus 29,2002 p S 8 1 January Ribera/Balko Short Plat Traffic Impact Study List of Figures and Tables Figure 1 Project Vicinity 4 Figure 2 Existing 2001 Traffic Volumes—AM and PM Peak Hours 6 Figure 3 2004 Without—Project Traffic Volumes—Weekday AM and PM Peak Hours 11 Figure 4 Project Trip Distribution 12 Figure 5 Project Trip Assignment—Weekday AM and PM Peak Hours 13 Figure 6 2004 With—Project Traffic Volumes—Weekday AM and PM Peak Hours 14 Figure 7 Site Access Plan 19 Table 1 Ribera/Balko Short Plat Traffic Safety Summary for Site Vicinity 7 Table 2 Ribera/Balko Short Plat Trip Generation Summary 9 Table 3 LOS Criteria for Signalized and Unsignalized Intersections 15 Table 4 Ribera/Balko Short Plat Study Intersection LOS Summary1 16 Transportation Engineering NorthWest ii January 29, 2002 Ribera/Balko Short Plat Traffic Impact Study FINDINGS 8z CONCLUSIONS Project Proposal. The proposed Ribera/Balko Short Plat is a mixed-use development located south of NE 4th Street between Union and Duvall Avenues NE in Renton, Washington. The site wraps around the existing Post Office on the south and west. With expected occupancy in 2004, the proposed development would consist of 40 multi-family residential units, a 3,100 square foot (sf) fast food restaurant with drive-through, and a 2,000 sf retail pad. The existing site is vacant. Trip Generation. The mixed-use development is anticipated to generate a total of 1,890 weekday daily vehicle trips, of which 188 (88 entering, 100 exiting) would occur during the weekday AM peak hour, and 139 (77 entering, 62 exiting) during the weekday PM peak hour. Access Driveways. Vehicular access to/from the site is proposed at two locations on NE 4th Street. Both driveways would align with existing driveways on the opposite (north) side of NE 4th Street. The western driveway would allow full turning movements, including left-turns to and from NE 4th Street. A shared access driveway is proposed along the eastern property line to provide access to both the Ribera/Balko and Post Office properties; this shared access would eliminate the westernmost Post Office curb cut on NE 4th Street and create a new driveway along the property line. The channelization along the center lane of NE 4th Street at the eastern driveway would also need to be modified to move the westbound left-turn about 45 feet to the west; this would also restrict outbound left-turns from the eastern driveway onto NE 4th Street. All turning movements at the driveways are expected to operate at LOS D or better during weekday AM and PM peak hours. Site Frontage. The project warrants a right-turn pocket for eastbound traffic entering the eastern site driveway on NE 4th Street. The project would also construct half-street urban frontage improvement along NE 4th Street, including curb, gutter, and sidewalks. Short-Term Proportional Impacts. No significant impacts were identified at the study intersections based on City Guidelines. Therefore, no off-site improvements are required. Long-Term Impacts. The long-term mitigation required by the City of Renton is payment of $75 traffic impact fee based on the number of primary daily trips generated. The proposed Ribera/Balko Short Plat is estimated to generate about 1,250 primary daily trips. Conclusion. With the identified mitigation, the proposed Ribera/Balko Short Plat would have no significant adverse impacts on adjacent streets, study area intersections, safety, or non- motorized facilities. To mitigate impacts of the additional traffic into and out of the site on NE 4th Street, the project warrants a right-turn pocket for eastbound traffic entering the eastern site driveway. A shared access driveway is also proposed on the eastern site property line to serve both the Ribera/Balko and Post Office properties, thus eliminating the existing western Post Office driveway. The project would also construct half-street urban frontage improvements along NE 4th Street, including curb, gutter, and sidewalks. The right-turn pocket, share access driveway, and frontage improvements along NE 4th Street would improve the operation and safety at the proposed access locations. Payment of the traffic impact fee would mitigate long- term impacts. Transportation Engineering Northwest 1 January 29,2002 Ribera/Balko Short Plat Traffic Impact Study INTRODUCTION Project Description The proposed Ribera/Balko Short Plat is a mixed-use development located on the south side of NE 4th Street between Union and Duvall Avenues NE in the City of Renton (see Figure 1). The site wraps around the Post Office property on the south and west sides. The proposed project includes 40 multi-family residential units, a 3,100 sf fast food restaurant with a drive-through, and a 2,000 sf retail pad. The existing site is vacant. Vehicular access to/from the site is proposed via two driveways on NE 4th Street. The proposed plat is anticipated to be occupied by the year 2004. Project Approach This report is structured in accordance with the City of Renton's Transportation Impact Analysis Guidelines. The report documents the evaluation of traffic impacts and recommended mitigation measures. To analyze the traffic impacts of the Ribera/Balko Short Plat, the following tasks were undertaken: • Assessed existing conditions and reviewed existing planning documents; • Described and assessed existing transportation conditions in the area; • Documented future without-project traffic forecasts and assumptions; • Documented existing public transit service, non-motorized facilities, and planned transportation improvements; • Estimated trip generation and documented distribution of project traffic; • Evaluated intersection operations (LOS) at the Union Avenue NE and Duval Avenue NE intersections on NE 4th Street for weekday AM and PM peak hour conditions; • Conducted LOS and queue analyses at the site access driveways; • Identified measures to mitigate impacts to the Renton street system and at the project site driveways. Transportation Engineering Northwest 2 January 29,2002 • Ribera/Balko Short Plat Traffic Impact Study Primary Data and Information Sources • Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, 1997 • Highway Capacity Manual (HCM), Special Report 209, Transportation Research Board (TRB), Year 2000 Edition. • City of Renton Year 2000 and 2001 Peak Hour Traffic Volumes; Source: City of Renton, Ron Mar • American Association of State Highway and Transportation Officials,A Policy on Geometric Design of Highway and Streets, 1994 • City of Renton 2002-2007 Transportation Improvement Program(TIP); adopted June 25,2001. • Washington State Department of Transportation (WSDOT)Design Manual, 2000. rTransportation Engineering Northwest 3 January 29,2002 • \;#5\g7 1 i ! -: f;,4,ift i. i'l , �. . E Park Dr , i kt‘ — . 41(1 \ ,,,,s' 405 �,� o i E 1) E I_, rn a 5: ' iy.;ice f.. ,,� NE 8th St LLI P Z o Q fr.) N CO • .....•'',, tl , ' ° NE 4th St _ j E �: 4th S� SE 128th St 1.14 ash ___:.) 1,, ' , SE 132nd St ,S Proposed Site ;'::::!..-:::::::!:.,!Vg^V.',:::''''''''''-:- ''Cl 60 i `L'2.iLi -<: , #4:., ,k.Pv Maplewood=,.; 4R e T'. 74$f Ce'`dar. iv eourse. .kV .+4r,� Y'.'r.:. '9 _ :�I. - :5''�:1•���>> S�: kf..�)^i^Zi�i.«'..£.>.F�'T;Nk'ax"^ x N,.. N. ' -',- -'ter "., ::•.,,,,.,,'u-Y1.%,"t•;' x"r', ,-_? ,,:=<W°:'.fie ,t':,...;:..� til cntOil 44"/ roc ;„ blei Val/ t'S • Transportation Figure 1 Ribera-Balko Engineering Site Vicinity Short Plat Northwest, LLC y Renton, Washington Ribera/Balko Short Plat Traffic Impact Study EXISTING CONDITIONS Road Network The following paragraphs describe existing arterial roadways that would be used as major routes to/from the site. Roadway characteristics are described in terms of facility type, number of lanes, and posted speed limits. NE 4th Street is a principal arterial with a posted speed limit of 35 mph. It has four travel lanes (2 westbound and 2 eastbound) along with a center two-way left- turn lane. Standard five-foot wide sidewalks also exist along the entire north side of the roadway and portions of the south side. Raised curb median channelization exists along the center lane of NE 4th Street along the eastern half of the site; the channelization is used for driveways to/from the Post Office and Safeway development across the street. Union Avenue NE is a minor arterial with one travel lane in each direction, along with parking on both sides of the road. North of NE 4th Street, the posted speed limit is 30 mph. South of NE 4th Street,the posted speed limit is 25 mph. Duvall Avenue NE is a minor arterial north of NE 4th Street and a collector arterial south of NE 4th Street. North of NE 4th Street, the roadway section consists of 4 lanes with standard sidewalks on both the east and west sides of the road. South of NE 4th Street, Duvall Avenue NE is a two-lane roadway with a posted speed limit of 25 mph. Gravel shoulders ranging from two to four feet wide also exist on both sides of the road. Traffic Volumes Existing traffic volumes at the two study intersections were collected from the City of Renton; the counts were conducted in 2001. The City also collected average weekday counts on NE 4th Street in June of 2001. The average daily traffic (ADT) on NE 4th Street is 26,700 vehicles per day. Figure 2 illustrates the existing AM and PM peak hour traffic volumes at the study intersections. Traffic Safety Historic accident data were collected for the two study area intersections and along NE 4th Street for the three-year period between January 1, 1998, and December 31, 2000. This data was provided by the City of Renton's Transportation Department. A summation of the data is shown in Table 1. This data was evaluated to determine whether the study area roadways or intersections have experienced a high number of accidents within the last three years. Based on conversations with City of Renton staff, any location with 3 or more accidents a quarter, or 12 accidents a year, would appear on the City's High Accident List. Transportation Engineering Northwest 5 January 29,2002 • z1 : 11 �Q.) Wz. Q1 >1 0 .E > Not to Scale n ' °.' a , f.1 k.- 65 w `A' R-331 w 1 �o NE4thSt ) + 6 45 �'may,». �....,:<:::..., ;r-:'ma.`.'....-,:..�.r.....» :"+�;o....� .,. ..,�,:.'" , � 14 RR �/ _»,. .. . . .... .�... -.m ../,yam 1; '..'^1..- 80 I + 1 1 _.z-„....,_. q 142 - Ni + J/ 501 �9 o w N 365 --* 1 1 32-y N a 11 Thh, N N In °° W %Z'a.'.+�O W cn al Q .*::" > O 03 4-1 • AM PEAK HOUR z ')• 0 0. • 11 a a It.-. 0 R-'148 E- 633 N M M NE 4th St �- 133 y (r U 14 228 --� 121 Z; t. M N 32-y in N I - PM00 PEAK HOUR Transportation FIgure 2 Ribera-Balko Engineering 2001 Existing Traffic Volumes Short Plat Northwest, LLC Renton, Washington Ribera/Balko Short Plat Traffic Impact Study Table 1 RiberalBalko Short Plat Traffic Safety Summary for Site Vicinity Number of Accidents Annual Location 1998 1999 2000 Total Average Union Ave/4th St Intersection 3 8 10 21 7.0 Duvall Ave/4th St Intersection 6 8 2 16 5.3 NE 4th Street Corridor 14 11 24 49 16.3 (Union Ave to Duval Ave) As shown in Table 1, based on the three-year average, neither of the study intersections would appear on the City of Renton's High Accident List. The section of NE 4th Street between the two intersections has experienced a higher number of accidents in year 2000 than previous years. The primary contributing cause (50 percent) of accidents along this corridor are due to right-angle accidents, which are often related to multiple driveways and the conflicts of turning traffic. Restricting turns into and out of driveways and consolidating driveways are helping to reduce the accident potential along this corridor. Non-Motorized Transportation Facilities Curb, gutter, and sidewalks generally exist along NE 4th Street in the vicinity of the site. However, they do not exist along the project site frontage. The recently developed Post Office site constructed curb, gutter, and sidewalks along its frontage on the south side of NE 4th Street. No striped bicycle lanes exist in the project site vicinity. Public Transit Service King County-Metro Transit provides fixed-route public transportation services in the vicinity of the project site. Metro routes 105, 111, and 114 are located within one block of the project site. Bus stops exist on both sides of NE 4th Street at the intersection of Union Avenue NE a few hundred feet west of the site. The following provides a more detailed description of each of the three nearby transit routes: Route 105 serves the Renton Highlands and downtown Renton Transit Center. It provides service every 30 minutes on both weekdays and weekends. In the vicinity of the project site, this route travels along Union Avenue NE and NE 4th Street west of Union. Route 111 serves the Maplewood and Renton Highlands areas with service to and �'J Transportation Engineering Northwest 7 January 29,2002 Ribera/Balko Short Plat Traffic Impact Study from downtown Seattle. In the vicinity of the project site, this route primarily travels along Union Avenue NE. Buses operate with 20 to 30 minute headways depending on the time of day. Route 114 serves the Renton Highlands, Maplewood, and Lake Kathleen areas with service to/from downtown Seattle. The bus mainly travels along Union Avenue NE near the site. The bus operates weekdays only with 30-minute headways. Route 908 (DART Service Area) provides service between Downtown Renton and the Maplewood area. The route has bus stops located at the intersection of Duval Avenue NE and NE 4th Street. Route 908 operates weekdays with 60- minute headways. It should also be noted that NE 4th Street is considered a high transit corridor by the City of Renton based on their 6-year TIP. As such, additional transit routes may be planned in the future. Planned Transportation Improvements There is one planned transportation improvement identified in the project vicinity between 2002 and 2007, based on the City of Renton's Six Year Transportation Improvement Program (TIP). It is described in the next paragraph. NE 3ra /4th Street Corridor Improvements. This project is ranked 43 on the priority list of 53 projects, and is substantially unfunded. It involves a series of key operational improvements such as rechannelization and traffic signal modifications, hill climbing lanes, transit signal priority treatments, and queue jumps. In November of 2001, the City of Renton constructed minor channelization changes to NE 4th Street along the project site frontage. Specifically, the City installed raised c-curb along the center two-way left-turn lane to enhance left-turn movements from NE 4th Street to the Post Office and the Safeway properties. In conversations with City of Renton transportation staff, no additional improvements have been designed or are expected to be designed with in the next couple of years. However, one idea is to provide a queue jump at the two study intersections for transit and HOVs. This would be accomplished by providing an additional lane both approaching the intersection and an additional receiving lane. Signal priority along this corridor may also be provided for the vehicles utilizing this lane. rTransportation Engineering NorthWest 8 January 29,2002 • Ribera/Balko Short Plat Traffic Impact Study DETERMINATION OF IMPACT Project Trip Generation The Ribera/Balko Short Plat is proposed to include 40 multi-family residential units, a 3,100 sf fast-food restaurant with a drive-through, and a 2,000 sf retail pad. The trip generation estimate for the proposed mixed-use development is summarized in Table 2. The trip generation estimates are based on rates documented in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th edition, for Land Use Code (LUC) 220 (Multi-Family Housing), LUC 814 (Specialty Retail), and LUC 834 (Fast Food Restaurant with Drive-Thru). Both pass-by and primary trips are estimated for each land use. Table 2 Ribera/Balko Short Plat Trip Generation Summary Time Period Total Trips Pass-by Trips , Primary Trips Land Use Size Ratet Trips % Trips2 Total In Out Daily: Multi-Family 40 units 6.63 270 0% 0 270 135 135 Specialty Retail 2,000 sf 40.67 80 25% 20 60 30 30 Fast Food Rest. 3,100 sf 496.12 40% 620 920 460 460 1.540 Total 1,890 640 1,250 625 625 AM Peak Hour: Multi-Family 40 units 0.51 20 0% 0 20 3 17 Specialty Retail 2,000 sf 6.41 13 17% 2 11 5 6 Fast Food Rest. 3,100 sf 49.86 155 49% 76 79 41 38 Total 188 78 110 49 61 PM Peak Hour: Multi-Family 40 units 0.62 25 0% 0 25 17 8 Specialty Retail 2,000 sf 4.93 10 34% 3 7 5 2 Fast Food Rest. 3,100 sf 33.48 104 50% 52 52 28 24 Total 139 55 ; 84 50 34 1. Rates based on ITE Trip Generation Manual,6ih Edition,1997. 2. Pass-by percentages established in ITE's Trip Generation Handbook. As shown in Table 2, the proposed Ribera/Balko Short Plat is estimated to generate a total of 1,890 average daily trips, of which 188 trips would occur during the weekday AM peak hour, and 139 during the PM peak hour. Since pass-by trips only occur at the project site driveways, only the primary trips would impact the study area intersections and street system. The project would generate 1,250 daily primary trips, of which 110 would occur in the AM peak hour, and 84 during the PM peak hour. Project Trip Distribution and Assignment rTransportation Engineering Northwest 9 January 29,2002 Ribera/Balko Short Plat Traffic Impact Study The distribution of project-generated traffic was estimated based on existing travel patterns in the area and the locations of primary transportation facilities. The residential and retail trips would have different distribution characteristics; the residential trips would have more of a regional distribution pattern with longer trip length to/from employment centers, while the retail trips would have more of a local distribution and shorter trip length to/from local residents and other retailers. Project trips are distributed as follows: Direction Retail Distribution Residential Distribution West via NE 4th Street 25% 50% East via NE 4th Street 20% 10% North via Union Ave NE 20% 20% South via Union Ave NE 10% 0% North via Duval Ave NE 20% 20% South via Duval Ave NE 5% 0% Figure 4 illustrates the AM and PM peak hour trip distribution for both retail and residential uses. Based on these distribution patterns, project-generated traffic was assigned to the local street system for both AM and PM peak hour conditions. Pass-by trips for the retail and restaurant uses were only assigned to the project driveways. Figure 5 illustrates the resulting AM and PM peak hour assignment of project-generated trips at the study intersections and project driveways. Traffic Volumes Future traffic volumes with and without the proposed Ribera/Balko Short Plat were estimated for AM and PM peak hour conditions in the year 2004. Future weekday AM and PM peak hour traffic volumes used for the LOS analyses at the study intersections were developed based on existing counts increased to account for both background growth and the addition of permit-pending projects in the area. The City of Renton identified an annual growth factor of 3 percent to account for anticipated future year traffic growth. The weekday AM and PM peak hour traffic volumes in year 2004 without the project are shown on Figure 3. Adding the project-generated AM and PM peak hour trips, shown in Figure 5, to the future without-project traffic volumes (Figure 3), results in future with- project traffic volumes, as shown in Figure 6. Project-generated traffic accounts for less than 3 percent of the total traffic at the study intersection during the AM and PM peak hours. Transportation Engineering Northwest 1 January 29,2002 _..._ _ LuF Z " Z1i (>) i 0 < .4) = 0 715 Not to Scale ..... > = = = IC) rl o - ,0 w...... 71 N 0 '1! No in ,' --,361 C-st in ,•-• r. •,-- -•,-. -41E- 1,167 -le- 1,097 Ac— r.:--,,,,-,-:. .-...,'...,...•.r.,e,---- ---- ,4'----•,',,.,.,--z.--.11;riv::::!---,t--,,,,•-•,,,-":Trzi=1.-7,-5--:.:-:....- --,-7----3-,-=---";7--:-_%.- 87 L3r,fct . ...AT, + ?( 546 -0.- t 398-0- 1 ), .- •r- 0 . . . ,Os 35-x ;'...! °3 2 . ! , 12--44, 1'4 csi , 14 ••,. 47\ -.! Lu i Le) V3 GU > CU < g -kJ..... CO= =I In ..--. AM PEAK HOUR I z IJA 4 Z ' ...>:1 CI) > < < ' q 75>I .2 1 f)'I 93 c'to' 0 cs1 It-161 r— 690 -4- 623 NE 4th St A/ * %k y- 145 ) tsie.i.a.,,,,..-,..,,....-- _...,, .-...m......-rermert--1 1",e,,,,,,,,,\Nz 249 -Or ) 1,123-Or- N\ 1,086.40- 03 1,.. ..0 rn in 0 N, 132--A, N. t. 0, 35 1 '\ • LI f v) ill V) cu > cu < > < ' = 0 ..= . ..... .1..b CO i In PM PEAK HOUR rTransportation Figure 3 Ribera-Balko Engineering Northwest, LLC 2004 Without-Project Short Plat Traffic Volumes Renton, Washington • 20% 20% 0 Pass-by Trips zw F -25 (-11) z r25(11) > -ell t(-16)-14—� 1 Q (16) 14 "'y 25 114 Not to Scale =t (11)(17) =• p (7) . 9 (5) (7) 9 �1 -4— 11 (6) 9 1Pliij F 9 (6) NE4thSt X >ir- 4 (3) r-20 (15) 25% '=y-� -,u _._._s _ __-_ . . :..__--r ., -,,, , u _..:., :_ ,�-. ... . 4r , -w, ._ -.---,---,-cL 200/ w_: ;. V '(18))26 ^� _ (6) 92�;.1 (8) 12—0 5 i 20 (5) 9-4 (12) 2 (3) (1)2 (2) w +\\. te)Q > 0 o i•, C CO = M 10% 5% Retail Trip Distribution and Assignment 20% 20% wti z z##,'' of i (3) ( ) P J3 (l) 1 E- 9 (4) iiF0(2) NE 4th St k r- 1 (5) r w (12)2 -y' ', L.if (2)3 ' (9) 1 5 (1)2—* t 3) 'ir.5s : Legend 4, tR Lt.)/ N I ' , Project Trip Distribution > v Q Q (11) 17--►(PM)AM Peak Hour o .c Trip Assignment M Residential Trip Distribution and Assignment Transportation Figure 4 Ribera-Balko Engineering Project Trip Distribution , Short Plat Northwest, LLC Renton, Washington z W110 -25 F-2 ,Z LI Q 1 iic- 23 `:223 > 2-�` 1 fi -3 -0.4 fi Q, � � 30�f 12�' N ;` Not to Scale = f 10 [f1 "-- 12 / Li -4— 20 •` ;' 10 NE4thSt 'q � 4 • �E- 9 : ., .m, . .___._.r........ 12 13—*1 o .0 11 —Oil 5 3 iN 2- 2 v)i N O i co AM PEAK HOUR W� z :1 >. E�'11 F2 ]' 13 ,- 18 il s=i 13 -,4 11 9 4 (�0 $ 17 f y 29-4i ,I =. .J J M -. •• N f •C1 x `! •• 10 6 :• -4- 10 4; 10 E— 8 NE 4th St � 1 V— 3 � , .: .:,a..;. _f;- ,....., .7 a ::may• : : �., 8 -. t 17-� 3 I ",, , 6 * 2 £icu > 9 .� , r rn PM PEAK HOUR Transportation Figure 5 Ribera-Balko Engineering Project Trip Assignment Short Plat Northwest, LLC Renton, Washington • z w4 > . . 1,262 F 1,28S Z 3 0 - 23 r• 23 > Q —700 R % 699-�'s Q o ; 30-�:E ^I I 12"'�♦♦: co v(" Not to Scale CI I ="I • in N 83 •• n Ln R-361 F 1,187 ; r. t, i 6 NE 4th St 53 ; l, � i 87 —� + 167 I - �r 559-� g c 409-� ;'� 1 35 we 3 , 14 r\,� cV °. VS Ell tel ad Q ¢ ' CO M r-' AM PEAK HOUR w w z . > 17 13 F 930 > Q .. 18 Q�7 1,413 �• O/1,394 l/ cp • • 4♦ • TJ • • ♦• cs4c. o a R._99 • ♦J a o 161 °. ^ = — 700 0♦ `� d• e}• E- 631 NE4thSt J4, k148 ) ykX- 1 CYi:454,-k.¢'....P.: >, .rT J. AY-..v'. .:'++.z' l,:,W ''''•.'a•' *0 _ `L3T...,:r. ir" "1-,,,"'" 1,140--0 I A 1,092-)0- Vs 132� N. N a 3 36- `r N N x rn Q fQ C O = 1 co I ^ PM PEAK HOUR 1Transportation Figure 6 Ribera-Balko .9 Engineering 2004 With-Project Short Plat Northwest, LLC Traffic Volumes Renton, Washington Ribera/Balko Short Plat Traffic Impact Study Intersection Operational Analyses Detailed intersection operational analyses were conducted at the, six study intersections identified by the City of Renton. Levels of service (LOS) were conducted for both weekday AM and PM peak hours for conditions in year 2004. LOS refers to the on a degree of congestion roadwayor intersection. It is a g g measure of vehicle operating speed, travel time, travel delays, and driving comfort. A letter scale from A to F generally describes intersection LOS. At signalized intersections, LOS A represents free-flow conditions-motorists experience little or no delays, and LOS F represents forced-flow conditions where the number of vehicles arriving exceed the capacity of the intersection. The LOS reported for signalized intersections represents the average control delay per vehicle entering the intersection. The LOS at stop-controlled intersections is reported for each movement. Therefore, the reported LOS does not represent a measure of the overall operations of the intersection. Table 3 outlines the LOS criteria for signalized and unsignalized intersections. Table 3 LOS Criteria for Signalized and Unsignalized Intersections Signalized Intersection ' Unsignalized Intersection Level of Service Delay Range (sec) Delay Range (sec) A < 10 < 10 B >10to20 >10to15 C >20to35 >15to25 D >35 to 55 >25 to 35 E >55 to 80 >35 to 50 F >80 >50 Source: "Highway Capacity Manual",Special Report 209,Transportation Research Board,2000 Intersection LOS were calculated using the methodology and procedures outlined in the 2000 Highway Capacity Manual, Special Report 209, Transportation Research Board using the Synchro software program. The weekday AM and PM peak hour intersection LOS analysis results at the study intersections are summarized in Table 4. Transportation Engineering NorthWest 15 January 29,2002 Ribera/Balko Short Plat Traffic Impact Study Table 4 RiberalBalko Short Plat Study Intersection LOS Summary1 2001 Existing 2004 Without—Project 2004 With—Project Study Intersection LOS Delay V/C LOS Delay V/C LOS Delay V/C AM Peak Hour: 1.Union Ave/4`h Street C 25.4 0.73 C 27.5 0.78 C 28.3 0.79 2.Duvall Ave/4t Street B 15.0 0.66 B 16.7 0.71 B 16.9 0.71 PM Peak Hour: 1.Union Ave/4`h Street D 35.2 0.76 D 43.4 0.82 D 46.0 0.88 2.Duvall Ave/4`h Street C 20.0 0.74 C 23.8 0.82 C 24.6 0.83 I. All LOS analyses are based on methodologies established in the 2000 Highway Capacity Manual(HCM). As shown in Table 4, both of the study intersections would maintain the same LOS with the addition of traffic generated by the proposed project during the AM and PM peak hours. The average delays at each intersection would increase by less than three seconds with the addition of project-generated traffic. Detailed LOS analysis worksheets for the study intersections are provided in Appendix B. Site Access Analysis This section is divided into four sub-sections: Driveway Location,Driveway LOS, Right-Turn Lane Analysis, and Site Access Mitigation. The driveway location section describes the location of the two driveway access points with respect to the site and surrounding properties, while the driveway LOS section describes the operation of those driveways during the AM and PM peak hours. The third section describes the warrant analysis for an eastbound right-turn drop lane along the site frontage on NE 4th Street, while the last section provides a summary of the measures necessary to mitigate impacts of the project at the site access driveways. Driveway Location Vehicular access to/from the site is proposed at two locations on NE 4th Street; both driveways would align with existing driveways on the opposite side of the street. The western access driveways would primarily serve the retail pad and fast-food restaurant. The eastern access driveway located at the eastern site boundary would serve both retail patrons and residents of the apartments. Due to the location of the proposed eastern driveway with respect to the existing Post Office driveway, the location of the Safeway driveway across NE 4th Street, and the City's recent raised curb channelization along the center turn lane of NE 4th Street, a shared access concept is proposed with the Post Office. This shared access concept is described in the Site Access Mitigation section. Transportation Engineering Northwest 16 January 29,2002 Ribera/Balko Short Plat Traffic Impact Study Driveway LOS Detailed operational analyses, including LOS and queuing, were conducted at the proposed site access locations for the weekday AM and PM peak hours in 2004, which is the anticipated year of occupancy for the project. Due to the City of Renton's recent raised curb channelization along NE 4th Street to improve left- turn access to the Safeway and Post Office properties, left-turns out of the eastern site access would be prohibited. As a result, all outbound left-turns from the site would occur at the western site driveway. Based on this, the driveway LOS and queuing analysis indicated that all turning movement into and out of the driveways would operate at LOS D or better with minimal queues at peak times. Detailed LOS analysis worksheets for the project driveways are provided in Appendix B. Right-Turn Lane Analysis A right-turn drop lane warrant analysis was conducted at the project access driveways on NE 4th Street. The right-turn lane evaluation was based on guidelines provided in the WSDOT Design Manual, 2000 Update. Appendix C provides the Design Manual data used in the warrant analysis. The Design Manual outlines the following guidelines to determine whether or not to consider right-turn lanes at unsignalized intersections on two-lane highways: • • Recommendation from Figure 910-12 (Design Manual) based on same direction approach and right-turn traffic volumes. • An accident study indicates that a right-turn lane will result in an overall accident reduction. • Presence of pedestrians who require right-turning vehicles to stop in the through lanes. • Restrictive geometrics that require right-turning vehicles to slow greatly below the speed of the through traffic. • Less than decision sight distance at the approach to the intersection. Based on the projected year 2004 traffic volumes at the project driveways during the AM and PM peak hours with the proposed project, a right-turn pocket or taper would be warranted at the eastern driveway on NE 4th Street. Using the WSDOT Design Manual guidelines, a 60-foot right-turn pocket and a 100-foot taper are recommended at the easternmost site driveway on NE 4th Street. Transportation Engineering Northwest 17 January 29,2002 Ribera/Balko Short Plat Traffic Impact Study Site Access Mitigation Shared Access Driveway. Due to the location of the proposed eastern driveway with respect to the existing Post Office driveway, the location of the driveway serving the Safeway project across NE 4th Street, and the City's recent raised curb channelization along the center turn lane of NE 4th Street, a shared access concept is proposed with the Post Office. This shared access would eliminate the westernmost Post Office curb cut on NE 4th Street and create a new driveway along the property line to provide shared access for the Ribera/Balko and Post Office properties. As a result, the channelization along the center lane of NE 4th Street would also need to be modified to move the westbound left-turn to the west about 45 feet. A sketch of this concept is provided in Figure 7. Right—Turn Pocket. Using the WSDOT Design Manual guidelines, and based on the projected peak hour traffic volumes on NE 4th Street at the proposed eastern site driveway, a 60-foot right-turn pocket and a 100-foot taper is recommended. Figure 7 illustrates the location of the turn pocket. Safety Off-Site Impacts. Since peak hour traffic generated by the proposed project would account for less than three percent of.the total traffic through the two study intersections on NE 4th Street, it is not expected that the number of accidents will significantly increase as a result of the proposed project. Site Access Impacts. Combining the eastern site access driveway with the Post Office driveway to provide a shared access, coupled with the City's recent raised curb channelization along the center turn lane of NE 4th Street, would improve safety along NE 4th Street. Non—Motorized Facilities Frontage improvements are recommended on all City roadways where the existing property is being developed, and along all internal site roadways. Frontage improvements should include a minimum curb, gutter, and sidewalks to separate pedestrians and motorists. Transportation Engineering Northwest 18 January 29,2002 r - 0 Not to Scale ( l s, a NORTHEAST*S1REET 4-/ /\ M.MK PI e - TL--, •.— )'- '77---.7,—.-Tivolig: ENWINCE T 1 NtMHEN6 MMHG NEW EMNVILE !' 1— ` `- -. sNN —� b PGMIN.Pofilf OUT .p NO EERN14,91E1115~1 L _ ��} ,E NO ILET OUT I��f WI 1WE Z. — F --_ m' Er 1 I F74511Ni U.S. L _ PO6TGFiiOE - r _o _J o ]..1 7 1) (17Th 0-S'T_).1 -1 69 1 RIBERA-BALKO ____ ___ - _ - SHORT PLAT —. _ _ - ( -- ---* ES WWI)ENIIFEP EX WOAD DO MR( I I I _LL) I I I I I I LI I I I I Li lOr3 • • • • i Ex*MVO BIM Transportation Fi ure 7 �, Ribera-Balko Engineering g Short Plat Northwest, LLC Site Access Plan Renton, Washington Ribera/Balko Short Plat Traffic Impact Study MITIGATION MEASURES Long—Term. To mitigate long-term traffic impacts of the proposed Ribera/Balko Short Plat, the City of Renton requires payment of a traffic impact fee based on the number of trips a project is estimated to generate during a typical weekday. The City's adopted impact fee is $75 per net primary daily trip. The proposed project is estimated to generate 1,250 primary trips per day. Site Frontage. To mitigate impacts of the additional traffic into and out of the site on NE 4th Street, the project would construct a 60-foot right-turn pocket and 100-foot transition for eastbound traffic entering the eastern site driveway. The project would also construct half-street urban frontage improvements along NE 4th Street, including curb, gutter, and sidewalks. Shared Access. A shared access driveway is proposed along the eastern property line to provide access to both the Ribera/Balko and Post Office properties. This shared access would eliminate the westernmost Post Office curb cut on NE 4th Street and create a new shared driveway along the property line. The channelization along the center lane of NE 4th Street would also need to be modified to move the westbound left-turn to the west about 45 feet. Transportation Engineering Northwest 20 January 29,2002 FILL SOURCE STATEMENT RIBERABALKO ENTERPRISES TWO-LOT SHORT PLAT The property is located within an aquifer protection area, APA Zone 2, as identified on the City of Renton's Aquifer Protection Area Maps. The proposed two-lot short plat will include excavation for an open stormwater facility,minor clearing and grading for leveling of the proposed lots,excavation for frontage road improvements, and construction of sanitary sewer and stormwater conveyance lines. No other construction work is proposed under the Short Plat Application. Future development of the lots will be completed under separate Land Use and Building Permit applications. At this time,it is anticipated that no imported fill will be required for completion of the short plat improvements, except bedding material for the utility lines which is estimated at less than 100 cubic yards. Should additional imported fill be ultimately required, additional 'information will be provided at the time of construction permit application. OEVELOPME Cr ••,� �NING No / - 7546.017[DKB/bd] • • • • Dyl_•b • • • Off, • $® Page 2 of Statutory Warranty Deed between Ribera-Balko Enterprises Family Limited Partnership and the United States Postal Service. • DATED this_ day of August, 1999. • Ribera-ljalko Enterprises Family Limited Partnership Designated� Signer: BY: .C .!!►ct. .'.‘41:(-2\'-06-"--• 6 : Diana 1.ee Ritiera Its: General Partner STATE OF WASHINGTON _) COUNTY OF nu/ • )ss. f. On this _ _E*b day of A u «cf _, 1999, before me. the undersigned,a Notary Public in and for the State of personally appearedWashington duly commissioned and sworn. pe• Diana Lee Ribera to me known to be the General Partner of Ribera-Balko Enterprises Family Limited Partnership, that she executed the foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said Grantor,for 4 the uses and purposes therein mentioned.and on oalb. teft9ha said irtste•�,nd that the seal is the seal of sai (she is authorized to execute the . l bN•�G(rh f e•'�1"y50' r4 ;r WI ss What. . t rcial se. .of q 1 •S i � �Yq yek above written. y )). Notary Public in . or t Slate of -,tr e._•os i i 4. Residing at Kin• County h�c"""��r� I4 My appointment expires 111111 6• 19998827�1689 ft3 vacc 002 or l efl•2��t9l9 re a f'i iR sici rr LID f rq KiHC enU!1rr.;al �I S.I DEVELOPMENT PLANNING CITY OF RENTON NOV 0 2002 •U) r `�'• i , i RECEIVEDMI E M SI�ANDUM SAP 1 4 200i ,� CITY GE A N r0"; DATE: ` 15r 61 TO: Construction Services, Fire Prevention, Plan Review, EDNSP, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: &.4&c&1 rLeo ka6 („1---- LOCATION: '_ '/ 41) 54- PREAPP NO. P \ IiD I • A meeting thelycant has been scheduled for /0- O� , Thursday, /l/ J , in one of the 6th floor conference rooms (new City Hall). If this mee ng is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11:00 AM to allow time to prepare for the 11:00 AM meeting. .s. Please review the attached project plans prior to the scheduled meeting with the ap jicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit • application submittal. Please submit your written comments to. j .• . at least two (2) days before•the meeting. Thank you. _• C-C,Yv\_iee347" 914 e 9/z/, . DEVELOPMENT PLANNING CITY OF RENTON SEP 13:2001 • • • RECEIVED H:\Divisioap.ser\Dev&Plan.ing\Template\Preapp2 Revised 9/00 CITY OF RENTON MEMORANDUM DATE: October 9, 2001 TO: Jason Jordan FROM: Arneta Henninger X7298 kJ* SUBJECT: RIBERA - BALKO PLAT PREAPPLICATION 4225 NE 4TH ST NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre- , application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers(e.g.Hearing Examiner,Boards of Adjustment,Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. have reviewed the preliminary application for this project which is located on the south side of NE 4th St, east of Union Av NE and west of the US Post Office all in Section 15, Twp. 23N Rng. 5E and have the following comments. WATER: • The project site is located in the 565 Pressure Zone. The static water pressure at the street level is approximately 70 psi. • There is an existing 8" watermain in NE 4th St adjacent to the site. • Construction of a commercial building will trigger a separate review. Per the City of Renton code when the required fire flow is over 2500 GPM, the fire hydrants shall be served by a main which loops around the buildings and reconnects back into a distribution supply main. • Any new construction must have a fire hydrant capable of delivering a minimum of 1,000 GPM with one hydrant located within 150 feet of the structure and two additional hydrants located within 300 feet of the structure. This distance is measured along the travel route. These issues are covered in greater detail once a:development plan.is submitted. This water information is intended to supply information for the applicant to use at a future date and is not intended to list design criteria for an unknown development. • Ribera Short Plat Preapplication ,. October 10, 2001 ; ) Page 2 of 4 • Construction of a commercial building will trigger a separate review. SDC fee review for water will be applied at the time the development makes application for a building permit. The fees are determined by the development proposed. SANITARY SEWER: • There is an existing 8"sanitary sewer main in NE 4th St. • There is an existing 15" sanitary sewer main located on the east side of this parcel of land. • A sanitary sewer main extension will not be required for this short plat. • This parcel of land is subject to the East Renton Interceptor Special Assessment District (SAD). This assessment is $224.52 plus interest per unit and is collected at the time each new lot develops and prior to the issuance of the construction permit. • This parcel of land is subject to the Fairfield,Development Inc. Latecomers (Latecomers 8707). This assessment is $19529.345 and is collected prior to the _ issuance of a cnnstniction nermit_ ./, • The project will be required to pay the Sanitary Sewer System Development Charges. The SDC fees are collected at the time each new lot develops and are due prior to the issuance of the construction permit. The fees are determined by the development proposed. STREET IMPROVEMENTS: • This short plat shall install full frontage improvements on NE 4th St including concrete curb, gutters and a 6' sidewalk with a 6' planting strip betren the curb and sidewalk prior to recording the short rSl at f - e • The 'short plat will also be required to remove and replace the existing south lane of asphalt in NE 4th St across the full frontage of the parcel of land being developed prior to recording the short plat. • Additional right-of-way may be required to be dedicated prior to the recording of the short plat. • The driveway approach as currently shown on the east side of the parcel is not approved. A driveway approach for the two lots that front NE 4th St may be required to be installed together with recording a reciprocal access easement for the same two lots. Ribera Short Plat Preapplication .I October 10, 2001 'Page 3 of 4 • • Street lighting designed and installed to City standards will also be required to be installed by this short plat project prior to recording the short plat. • When each lot develops they will be required to submit a Traffic Report. , DRAINAGE: • The water quality treatment and detention shall be designed to be in compliance with the Level 21998 King County Surface Water Manual. • There are storm drainage facilities in NE 4th St to the east. Additional storm improvements are required to be installed in NE 4th St prior to recording the short plat. The applicant will need to contact the DOFW if the proposal is to pipe the ditch in NE 4th St. • Although the preliminary submittal includes a conceptual storm drainage design on the site it is not possible to review at this time without knowing what development is proposed for one or all three lots. There will need to be some type of storm maintenance agreement that holds all of the lots responsible for the storm drainage system onsite. • The project will be required to pay the Surface Water.System Development Charges each new lot develops and prior to the issuance of the construction permit. The fees are determined by the development proposed. • . GENERAL: • The site is located in the Aquifer Protection Zone 2 and may be subject to additional requirements per City code. A fill source statement (RMC 4-4-060L4) is required if more than 100 cubic yards of fill material will be imported to the project site. Construction Activity Standards (RMC 4-4-03007) shall be followed if during construction, more than 20 gallons of hazardous materials will be stored on site or vehicles will be fueled on site. Surface Water Management Standards (RMC 4-6- 030E2 and 3)--Biofilters, stormwater conveyance, and water quality ponds may require a roundwater protection liner. Impervious surfaces shall be provided for areas subject to vehicu ar use or storage a chemicals. This is not intended to be a complete list of the APA (Aquifer Protection Area) requirements nor does this information substitute for the full ordinance, it is only intended to guide the applicant to the City of Renton code book. • All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. • All plans shall be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control Network. Ribera Short Plat Preapplication s. . October 10, 2001 / f Page 4 of 4 • Permit application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvement is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. 1 CITY OF RENTON Planning/Building/Public Works Pre-Application Comments DATE: October 11, 2001 TO: Pre-Application File No. 01-101 FROM: Jason E. Jordan, Associate Planner SUBJECT: Ribera/Balko Short Plat General: We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Board of Adjustment, Board of Public Works, and City Council). Review comments may also need to be revised based on site planning and other • design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for$50, plus tax, from the Finance Division on the first floor of City Hall. Project Proposal: The subject site is located on the south side of NE 4th Street, approximately 300' east of Union Avenue. The proposal is to subdivide the property into 3 lots (lot 1 25,841 square feet, lot 2 32,585 square feet, and lot 3 201,908 square feet). In addition, the applicant is requesting to culvert an existing regulated stream and fill a 2,890 square foot portion of an onsite category III wetland. Zoning: The subject site is designated Center Suburban (CS) on the City's Zoning Map. The site is also located within the Suburban Center Residential Demonstration District A & B. The purpose of the District is to ensure high quality residential development within the CS zone. The intent is to require superior residential projects which complement commercial uses, provide first floor commercial activity along arterials, and provide a transition between intensive commercial areas and surrounding single family neighborhoods. The first 150' adjacent to NE 4th Street falls within District A. The remainder of the site is located within District B. Development Standards: The proposal would need to comply with the CS zone development standards and other associated regulations as addressed below: Pre-App 01-101 ribera balko 3 lot short plat(es zone).doc\ . Minimum Lot Size, Width and Depth —The minimum lot size permitted in the CS zone is 25,000 square feet. There is no minimum lot width or minimum lot depth within this zone. Stream and Wetland Modifications: The development proposes to modify stream and wetland locations. A wetland delineation and mitigation plan was submitted with this proposal, which delineates all affected critical areas and details how the compensation and monitoring criteria are met. However, the wetland boundary delineated on the wetland plan does not match the area of the wetland depicted on the short plat survey. Therefore, this information will, need to be clarified in order to proceed with the wetland impact and restoration plan. It should also be noted that as part of the wetland restoration plan you will be required to provide "no net loss" of the overall wetland acreage, of which cannot be determined due to the conflicting information on the plan sets. The burden is on the applicant to show "no net loss" is achieved. Secondary wetland review at the applicant's expense may be required for this project. Finally, a Hearing Examiner Variance from the land clearing and tree cutting regulations is required for clearing/disturbance within 25' of the creek. Permit Requirements: The project requires Environmental (SEPA) Review, Short Plat Review and Variance Approval. The Variance is subject to Hearing Examiner review and requires a public hearing. The various review and approvals would be ' combined and completed in an estimated time frame of 8 to 12 weeks once the complete application is accepted. The application fee for the SEPA and Short Plat would be $1,500, plus $.34 per mailing label required for notification to all property , owners within 300 feet of the site. The application fee for the Variance would be $250. Please refer to the attached list of submittal requirements for detailed information regarding the formal land use application. In addition to the required land use permits, separate construction, building, and sign permits would be required. Please note, other public agencies may require additional permitting for this project. The review of these permits may occur concurrently with the review of the land use permits, but can not be issued prior to the completion of any required appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction permit fees, the following SEPA mitigation fees would be required prior to the issuance of building permits: • A Transportation Mitigation Fee of$75 per new average daily trip attributable to the project; and • A Fire Mitigation Fee of$0.52 per square foot of new construction (none planned at this time). Please contact me at (435) 430-7219 if you have further questions. cc: - Jennifer Henning Pre-App 01-101 ribera balko 3 lot short plat(cs zone).doc\ . I CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: October 11,2001 TO: Jason Jordon FROM: RebecctLmd SUBJECT: Ribera-Balko Plat The parcel is in the CS zone subject to the Center Suburban Comprehensive Plan Designation. Although there are no uses proposed at this time, policies generally support creation of • commercial and/or mixed use development opportunities at this location. The major issue identified for this proposal is concern over access for all three proposed lots. Due to the extensive wetlands on the site access to the third lot needs to be carefully considered. The economic value of the third lot could be significantly compromised if access is only through a parking lot. The number of access driveways that would be created by this proposal is also an issue. The existing condition with post office drives on the adjacent parcel already is creating traffic safety issues along this corridor. Citizens at the Council meetings on several occasions have raised comments and concerns about this situation. We would support looking at a common access point with one curb cut for all three parcels and creation of a private street as distinct from a parking lot. More extensive review by transportation planning staff is recommended. I . cc: Alex Pietsch Sue Carlson \\CENTRAL\SYS2\DEPTS\FINANCE\ECON_DEV\New H Drive Folders\Interdepartmental\Development Review\Preapps\Comments\CS Ribera-Balko.doc\cor • 7/1 • DEVELOPMENT SERVICES CITY OF RENTON SEP 13 2001 MEMORANDUM RECEIVED DATE: 9 - / 3r6 / TO: Construction Services, Fire Prevention, Plan Review, EDNSP, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: eLJ , ` ,e E 6 /0`a- LOCATION: 4.12_, trffu 54 PREAPP NO. PkQu 1 - /0 1 • . A meeting with t e I' nt has been schedule thfor �� , Thursday, /J f/� 1I , in one of the 6 floor conference rooms (new City Hall). If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED 4' PRIOR TO 11:00 AM to allow time to prepare for the 11:00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the • applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. • Please submit your written comments.to o at least two (2)days beforethe meeting. Thank you. AA LA; /Y/, DEVELOPMENT PLANNING CITY OF RENTON SEP 13:200.1 RECEWED H:\Division;:" „,op.ser\Dev&Plan.ing\Template\Preapp2 Revised 9/00 I Transnation * jib A LANDAMERICA COMPANY TRANSNATION TITLE INSURANCE COMPANY 14450 NE 29TH PLACE SUITE 200 BELLEVUE, WASHINGTON 98007-9926 Prepared for: BARGHAUSEN CONSULTING ENGINEERS ATTN: BETSY 2/2 18215 72ND AVE. S. KENT, WA 98032 1 ILE COPY Order Summary Order Number: 871021 Seller: RIBERA-BALKO ENTERPRISES Buyer/Borrower: Your Reference No.: Loan Number: Thank you for placing this order with Transnation Title Insurance. If you need assistance on this file, please contact: John W. Jones (425) 646-8589 johnjones@landam.com Mark S. Niklason (425) 646-8592 mniklason@landam.com Randy McCrory (425) 646-8591 rmccrory@Iandam.com 1-800-441-7701 Fax: (425) 646-8593 DEVELOPMENT PLANNING CITY OF RENTON NOV 072 2 RECEIVED SCHEDULE A Order No. 871021 Liability: $10,000.00 Customer No. Charge: $200.00 Tax: $17.60 Total: $217.60 1. Name of Assured: BARGHAUSEN CONSULTING ENGINEERS 2. Date of Guarantee: OCTOBER 23, 2002 AT 8:00 AM The assurances referred to on the face page hereof are: That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: As fully set forth on Exhibit"A"attached hereto and by this reference made a part thereof. Title to the estate or interest in the land is vested in: RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property rights or easements are expressly and specifically set forth in the land described herein. 4. GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 518210-0020-03 Year Billed Paid Balance 2002 $12,908.06 $6,454.03 $6,454.03 Total amount due, not including interest and penalty: $6,454.03 . Levy Code: 2100 Assessed Value Land: $1,127,500.00 Assessed Value Improvements: $0.00 5. Notice of tap or connection charges which have been or will be due in connection with development or re-development of the land as disclosed by recorded instrument. Inquiries regarding the specific amount of the charges should be made to the city/county/agency. CITY/COUNTY/AGENCY: CITY OF RENTON RECORDED: NOVEMBER 18, 1987 RECORDING NO.: 8711180730 And extension thereof by instrument recorded June 13, 1994 under Recording No. 9406130332. 6. RESERVATIONS AND EXCEPTIONS EXPRESSED IN CONVEYANCE. GRANTOR: NORTHERN PACIFIC RAILWAY COMPANY RECORDING NO.: 192430 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, FOREVER, ALL COAL OR IRON UPON OR IN SAID LAND; TOGETHER WITH THE USE OF SUCH OF THE SURFACE AS MAY BE NECESSARY FOR EXPLORING FOR AND MINING OR OTHERWISE EXTRACTING AND CARRYING AWAY THE SAME; BUT THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL PAY TO THE PRESENT LEGAL OWNER OR TO THEIR HEIRS, SUCCESSORS OR ASSIGNS, THE MARKET VALUE AT THE TIME MINING OPERATIONS ARE COMMENCED OF SUCH PORTION OF THE SURFACE AS MAY BE USED FOR SUCH OPERATIONS OR INJURED THEREBY INCLUDING ANY IMPROVEMENTS THEREON. THIS COMMITMENT DOES NOT INCLUDE THE PRESENT OWNERSHIP OF OR THE ENCUMBRANCES ON THE RESERVED MINERAL ESTATE. THIS POLICY DOES NOT INCLUDE THE PRESENT OWNERSHIP OF OR THE ENCUMBRANCE ON THE RESERVED MINERAL ESTATE. 7. Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5813072 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: FAIRFIELD DEVELOPMENTS, INC., A WASHINGTON CORPORATION PURPOSE: SANITARY SEWER AND APPURTENANCES AREA AFFECTED: EAST 15 FEET RECORDING NO.: 8509260881 Grantee's interest was transferred to the City of Renton under King County Recording No. 8609111674. 9. Possible encroachment disclosed by instrument recorded under King County Recording No. 9208071531. 10. MATTERS SET FORTH BY SURVEY: RECORDED: FEBRUARY 9, 1989 RECORDING NO.: 8902099005 DISCLOSES: ENCROACHMENTS 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY LOT LINE ADJUSTMENT NO. LUA99075LLA RECORDED UNDER RECORDING NO. 19990623900005. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. Note 1: We have verified that RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP is a limited partnership. A copy of the duplicate original of the filed certificate of limited partnership, the partnership agreement and all subsequent modifications must be submitted to the Company for review. Note 2: The current property address is not available at this time. Note 3: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PCLS A LOT LINE ADJOINING NO LUA99075LLA RECORDED 19990623900005 MSN EXHIBIT "A" LEGAL DESCRIPTION: PARCELS A OF LOT LINE ADJUSTMENT NO. LUA99075LLA, RECORDED UNDER RECORDING NO. 19990623900005, RECORDS OF KING COUNTY, WASHINGTON; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON T PR _ • 1292.88 �v 1 .°+ � NE. PATH ST. �_ o .v r p�J�.Z' SE. 128TH ST. r 30't 3 az v z97.f - a11i if> I �► FS9 T7`SYt ..Tay i 8i5�s'(,4� 3\ 3 23.42 P. "� ae-!/ Mh /33:'!�'2a.. 3/f8�'� �� /v6�J- a3-oI 3t1Az �f'8 t‘ V70 0e wlM clo ro� \ 1 4 . ,, lot I y"'� y1 % ,Q — for " T IA 1 Q F g°Tift;e•o�sse,1°. 08407010 z0 n �L r fl 8 -rip•084 00— 00o f fqW v O7 R, V : EN o09 8S d °� ft aNi.1 r m•v N Qf 83N r33.6/ h / ` y39opp0� el o n p e c N88-oz-se o ./� gGj06 d a• lot 2 0 ot6 �� ,.*I 1\Z� I ll r l r o /60 03 _J ro M tJ �4? 47 • :2 A NB8•o2-sa,d�{-t O D Q 0 a� !ot 3 33 10 :' cU � ` u P P Z,4 /..a. 5IJII- 1S82.des-Oc- e447 293.58 \ V ‘ V s. -M. N.3T5 S *d t. 000. I�°..z2 u th �j3 8 V Qao: 83�3d 3 �31 i 4 u u.zs �e(11''4:'' /t��8-o3 o9u/ �I8 N$M REM SP 395-79 AF 79101/9003 .. 0 �1��^^ LOT I LOT 2 t!N¢ �� p0 I W `s 9 0 L; t9�t,f. 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The Company assumes NO LIABILITY for any Hutt:: ce:ir �. ts iw:::7 S:'e::nC:s ittot:Iti :ze Rtade co an aC::::ace tu;' ' for itt:tler informlaatt. . • SCHEDULE OF EXCLUSIONS FROM COVERAGE HIS GUARANTEE obtaining witnesses,prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as 1. Except to the extent that specific assurances are provided in Schedule A of this stated herein,or to establish the lien rights of the Assured. If the Company is prejudiced by Guarantee,the Company assumes no liability for loss or damage by reason of the the failure of the Assured to furnish the required cooperation,the Company's obligations to following: the Assured under the Guarantee shall terminate. (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. S. Proof of Loss or Damage. (b) (1) Taxes or assessments of any taxing authority that levies taxes or In addition to and after the notices required under Section 2 of these Conditions assessments on real property;or,(2) Proceedings by a public agency which may result in and Stipulations have been provided to the Company,a proof of loss or damage signed and taxes or assessments,or notices of such proceedings,whether or not the matters excluded sworn to by the Assured shall be furnished to the Company within ninety(90)days after the under(1)or(2)are shown by the records of the taxing authority or by the public records. Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or (c) (I) Unpatented mining claims;(2)reservations or exceptions in patents or darfage shall describe the matters covered by this Guarantee which constitute the basis of loss in Acts authorizing the issuance thereof;(3)water rights,claims or title to water,whether or or damage and shall state,to the extent possible,the basis of calculating the amount of the not the matters excluded under(1),(2)or(3)are shown by the public records, loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage,the Company's obligation to such assured under the 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee shall terminate. In addition,the Assured may reasonably be required to submit to Guarantee,the Company assumes no liability for loss or damage by reason of the examination under oath by any authorized representative of the Company and shall produce following: for examination,inspection and copying,at such reasonable times and places as may be (a) Defects,liens,encumbrances,adverse claims or other matters affecting the designated by any authorized representative of the Company,all records,books,ledgers, title to any property beyond the lines of the land expressly described in the description set checks,correspondence and memoranda,whether bearing a date before or after Date of forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues, Guarantee,which reasonably pertain to the loss or damage. Further,if requested by any lanes,ways or waterways to which such land abuts,or the right to maintain therein vaults, authorized representative of the Company,the Assured shall grant its permission,in writing, tunnels,ramps or any structure or improvements;or any rights or easements therein,unless for any authorized representative of the Company to examine,inspect and copy all records, such property,rights or easements are expressly and specifically set forth in said description. books,ledgers,checks,correspondence and memoranda in the custody or control of a third (b) Defects,liens,encumbrances,adverse claims or other matters,whether or party, which reasonably pertain to the loss or damage. All information designated as not shown by the public records; (1)which are created,suffered,assumed or agreed to by confidential by the Assured provided to the Company pursuant to this Section shall not be one or more of the Assureds;(2)which result in no loss to the Assured;or(3)which do not disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the result in the invalidity or potential invalidity of any judicial or non judicial proceeding which administration of the claim. Failure of the Assured to submit for examination under oath, is within the scope and purpose of the assurances provided. produce other reasonably requested information or grant permission to secure reasonably (c) The identity of any party shown or referred to in Schedule A. necessary information from third parties as required in the above paragraph,unless prohibited (d) The validity,legal effect or priority of any matter shown or referred to in by law or governmental regulation,shall terminate any liability of the Company under this this Guarantee. Guarantee to the Assured for that claim. GUARANTEE CONDITIONS AND STIPULATIONS 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. 1. Definition of Terms. In case of a claim under this Guarantee,the Company shall have the following additional The following terms when used in the Guarantee mean: options: (a)the"Assured": the party or parties named as the Assured in this Guarantee, (a)To Pay or Tender Payment of the Amount of Liability or to Purchase the or on a supplemental writing executed by the Company. Indebtedness. (b)"land": the land described or referred to in Schedule(A)(C)or in Part 2,and The Company shall have the option to pay or settle or compromise for or in the name of the improvements affixed thereto which by law constitute real property. The term"land"does Assured any claim which could result in loss to the Assured within the coverage of this not include any property beyond the lines of the area described or referred to in Schedule Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the (A)(C)or in Part 2,nor any right,title,interest,estate or easement in abutting streets,roads, benefit of a holder of a mortgage or a lienholder,the Company shall have the option to avenues,alleys,lanes,ways or waterways. purchase the indebtedness secured by said mortgage or said lien for the amount owing (c)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. thereon,together with any costs,reasonable attorneys'fees and expenses incurred by the (d) "public records": records established under state statutes at Date of Assured claimant which were authorized by the Company up to the time of purchase. Guarantee for the purpose of imparting constructive notice of matters relating to real property Such purchase,payment or tender of payment of the full amount of the Guarantee shall to purchasers for value and without knowledge. terminate all liability of the Company hereunder. In the event after notice of claim has been (e)"date": the effective date. given to the Company by the Assured the Company offers to purchase said indebtedness,the owner of such indebtedness shall transfer and assign said indebtedness,together with any 2. Notice of Claim to be Given by Assured Claimant, collateral security,to the Company upon payment of the purchase price. An Assured shall notify the Company promptly in writing in case knowledge shall come to Upon the exercise by the Company of the option provided for in Paragraph(a)the Company's an Assured hereunder of any claim of title or interest which is adverse to the title to the estate obligation to the Assured under this Guarantee for the claimed loss or damage,other than to or interest,as stated herein,and which might cause loss or damage for which the Company make the payment required in that paragraph,shall terminate,including any obligation to may be liable by virtue of this Guarantee. If prompt notice shall not be given to the continue the defense or prosecution of any litigation for which the Company has exercised Company,then all liability of the Company shall terminate with regard to the matter or its options under Paragraph 4,and the Guarantee shall be surrendered to the Company for matters for which prompt notice is required;provided,however,that failure to notify the cancellation. Company shall in no case prejudice the rights of any Assured under this Guarantee unless the (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the Company shall be prejudiced by the failure and then only to the extent of the prejudice. Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any 3. No Duty to Defend or Prosecute. claim assured against under this Guarantee,together with any costs,attorneys'fees and The Company shall have no duty to defend or prosecute any action or proceeding to which expenses incurred by the Assured claimant which were authorized by the Company up to the the Assured is a party,notwithstanding the nature of any allegation in such action or time of payment and which the Company is obligated to pay. proceeding. Upon the exercise by the Company of the option provided for in Paragraph(b)the Company's obligation to the Assured under this Guarantee for the claimed loss or damage,other than to 4. Company's Option to Defend or Prosecute Actions;Duty of Assured Claimant to make the payment required in that paragraph,shall terminate,including any obligation to Cooperate. continue the defense or prosecution of any litigation for which the Company has exercised Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 its options under Paragraph 4. above: (a)The Company shall have the right,at its sole option and cost,to institute and 7. Determination and Extent of Liability. prosecute any action or proceeding,interpose a defense,as limited in(b),or to do any other This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained act which in its opinion may be necessary or desirable to establish the title to the estate or or incurred by the Assured claimant who has suffered loss or damage by reason of reliance interest as stated herein,or to establish the lien rights of the Assured,or to prevent or reduce upon the assurances set forth in this Guarantee and only to the extent herein described,and loss or damage to the Assured. The Company may take any appropriate action under the subject to the Exclusions From Coverage of This Guarantee. terms of this Guarantee,whether or not it shall be liable hereunder,and shall not thereby The liability of the Company under this Guarantee to the Assured shall not exceed the least concede liability or waive any provision of this Guarantee. If the Company shall exercise its of: rights under this paragraph,it shall do so diligently. (a)the amount of liability stated in Schedule A or in Part 2; (b)If the Company elects to exercise its options as stated in Paragraph 4(a)the (b)the amount of the unpaid principal indebtedness secured by the mortgage of Company shall have the right to select counsel of its choice(subject to the right of such an Assured mortgagee,as limited or provided under Section 6 of these Conditions and Assured to object for reasonable cause)to represent the Assured and shall not be liable for Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the time • and will not pay the fees of any other counsel,nor will the Company pay any fees,costs or the loss or damage assured against by this Guarantee occurs,together with interest thereon; expenses incurred by an Assured in the defense of those causes of action which allege matters or not covered by this Guarantee. (c)the difference between the value of the estate or interest covered hereby as (c)Whenever the Company shall have brought an action or interposed a defense stated herein and the value of the estate or interest subject to any defect,lien or encumbrance as permitted by the provisions of this Guarantee,the Company may pursue any litigation to assured against by this Guarantee. final determination by a court of competent jurisdiction and expressly reserves the right,in its sole discretion,to appeal from an adverse judgment or order. 8. Limitation of Liability. (d)In all cases where this Guarantee permits the Company to prosecute or (a)If the Company establishes the title,or removes the alleged defect,lien or provide for the defense of any action or proceeding,an Assured shall secure to the Company encumbrance,or cures any other matter assured against by this Guarantee in a reasonably the right to so prosecute or provide for the defense of any action or proceeding,and all diligent manner by any method,including litigation and the completion of any appeals appeals therein,and permit the Company to use,at its option,the name of such Assured for therefrom,it shall have fully performed its obligations with respect to that matter and shall this purpose.Whenever requested by the Company,an Assured,at the Company's expense, not be liable for any loss or damage caused thereby. shall give the Company all reasonable aid in any action or proceeding,securing evidence, CONDITIONS AND STIPULATIONS CONTINUED ON BACK COVER CLTA Guarantee Conditions and Stipulations Form 2015-7 (Rev. 12-15-P51 CONDITIONS AND STIPULATIONS CONTINUED (b)In the event of any litigation by the Company or with the Company's consent, 12. Arbitration. the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom, Unless prohibited by applicable law,either the Company or the Assured may demand adverse to the title,as stated herein. arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration (c)The Company shall not be liable for loss or damage to any Assured for Association. Arbitrable matters may include,but are not limited to,any controversy or claim liability voluntarily assumed by the Assured in settling any claim or suit without the prior between the Company and the Assured arising out of or relating to this Guarantee,any service written consent of the Company. of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is$1,000,000 or less 9. Reduction of Liability or Termination of Liability. shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters All payments under this Guarantee,except payments made for costs,attorneys' when the amount of liability is in excess of$1,000,000 shall be arbitrated only when agreed fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys'fees only if the laws of the state 10. Payment of Loss. in which the land is located permits a court to award attorneys'fees to a prevailing party. (a)No payment shall be made without producing this Guarantee for endorsement Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having of the payment unless the Guarantee has been lost or destroyed,in which case proof of loss jurisdiction thereof. or destruction shall be furnished to the satisfaction of the Company. (b)When liability and the extent of loss or damage has been definitely fixed in The law of the situs of the land shall apply to an arbitration under the Title Insurance accordance with these Conditions and Stipulations,the loss or damage shall be payable within Arbitration Rules. thirty(30)days thereafter. A copy of the Rules may be obtained from the Company upon request. 11.Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee,all right of 13. Liability Limited to This Guarantee;Guarantee Entire Contract. subrogation shall vest in the Company unaffected by any act of the Assured claimant. (a)This Guarantee together with all endorsements,if any,attached hereto by the The Company shall be subrogated to and be entitled to all rights and remedies which the Company is the entire Guarantee and contract between the Assured and the Company. In Assured would have had against any person or property in respect to the claim had this interpreting any provision of this Guarantee,this Guarantee shall be construed as a whole. Guarantee not been issued. If requested by the Company,the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect (b)Any claim of loss or damage,whether or not based on negligence,or any this right of subrogation.The Assured shall permit the Company to sue,compromise or settle action asserting such claim,shall be restricted to this Guarantee. in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice President, If a payment on account of a claim does not fully cover the loss of the Assured the Company the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the shall be subrogated to all rights and remedies of the Assured after the Assured shall have Company. recovered its principal,interest,and costs of collection. 14. Notices,Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department,P.O.Box 27567,Richmond,Virginia 23261-7567. CO Po fox II z. OC'�Am rr a ° . zGO „W y o p m z CA • • • 11111 • • • • • Iii "1'l1111i TRANSNATION TITLE INSURANCE CO. latIMMATtOM Tt Yo 114 • 14450 N.E.29th Place Bellevue.WA 98007 E17$7 26 ,tt its ~ PAGE NrOiMr SALE Si ° • STATUTORY WARRANTY DEEI: 6rF' 7 t z(3 . 7 i r1 RIBERA-BALKO ENTERPRISES FAMII.Y LIMITED PARTNERSHIP. GRANTOR. for and in consideration of I.R.C.Section 1031 Tax-deferred exchange in hand paid.conveys and warrants to the UNITED STATES POSTAL SERVICE, an Independent Establishment of the Executive Branch of the Government of the United States(39 U.S.C.201).GRANTEE,of 8055 East Tills Avenue. Suite 400. Denver, Colorado 80237-2881, the following described real estate.situated in the County of King.State of Washington: Abbreviated legal: PIN Tract 3 Martin's Acre Tracts,Unrecorded Tax Parcel Nos.: 518210.0030.01 I•ILLU FOR RECORD AT THE REOUES1('!: 51821C-003I-00 IRAWSNAT1ONTITLE INSURANCE CO. THE GRANTOR. Ribera-l3alko Enterprises Family Limited Partnership. does hereby • conve% and warrant to the GRANTEE.the United States Postal Service,the tollcwing described real propert)situate in the County of King.State of Washington.to-wit: 1 . . Parcel B of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. I9990b23900005.records of King County.Washington (Also known as a portion of the Northwest % of the Northwest '•S in Section I5. Township 23 North.Range 5 East.Martin's Acre Tracts.unrecorded) Situate in the City of Renton.County of King.State of Washington. SLIIiJI:CT TO convenants.conditions.restrictions and easements of record.if any. T MS • • • Page 2 of Statutory Warranty Deed between Ribera-Balko Enterprises Family Limited Partnership and the United States Postal Service. // • DATED this__ 1 " day of August, 1999. j O Ribera-lialko Enterprises Family Limited Partnership Designated Signer: By: 4„.„..,, ,,.„.(7,,,e...--- i"' •Diana Lee R iliera Its: General Partner STATE OF WASHINGTON —) _ — )ss. 1. COUNTY OF _KING ) On this __Eta, day of A„fj„c,t ___ , 1999. before me. the undersigned, a Notary Public in and for the Slate of wash;ngt-nn . duly commissioned and sworn. personally appeared Diana Lee Ribera to me known to be the General Partner of Ribera-Balko Enterprises Family Limited Partnership. that she executed the foregoing instrument, and ' acknowledged that said instrument to be the free and voluntary act and deed of said Grantor,for the uses and purposes therein mentioned,and on oatjsittftyi she is authorized to execute the said inst c nd that the seal is the seal of said 1pc.....!/Phe 14 Wi ss ny hat . .•. i Icial se.' f aff)f�ttxea y' y ye¢r first above written. • I Notary Public in or t c Slate of tr . �''�'_..• _ Residing at _ Kin County, t.......... r My appointment expires 19990827081689 - al PArt bet or Oe2 ea,27..99,is 44 RING county, up TitN.r$t10M Ti u0 9 99 .�� r_ .. — • • •- • y ttlLYt/TAdt• • • . a • • gismos o ao. • INE ADJUSTMENT . NO.LUA99075LLA• ��ggUG2'�90p0?� i 10 WI) • LOT L CITY LAND RECORD NO. LND300193 A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., R G. 5E.,G W.M. • A CITY OF RENTON, KING COUNTY, ON ACKNOWLEDGEMENT: • NOTES: • DECLARATION: „ The monument Control andrn for this ) se thuoaolifeed State of Mesningt0a b fiend erel ell tronic di a ace (fl tecwas tn,odollt, Know all men the these herein nde that we the reby make rltn dntegrtl oltrol shown secite0.y eater owner ls) of by lend herein described do beeret mace• County of IOeoditnter 6001 and Peal Time Kin and ematic (PM Global Boundary Line Adlueeeeee t.eend pursuant to RCN Positioning System �IOi�S1.al Time cl of MAC osure of repro 0a0 and declare this edlueteent to the graphic This is to certify that o�nn� lie D e`lrsl9nday of notary made with free the sent and that said acadcordance with the Is public, personally ofnO t]i�eeteLK,�r y made rlth the consent in aecororeof ■e h tha -lo we known to 21 tlni!Y nlatidreDrflb03. 1990!ctneloetevofatnlf fl�la ns es desires of the owner(s). In witness whereof we have . desires set out hands and heels. DO the edged rho sec cad the foregoing dedication and survey. • ledged to se that signed tat sue as tier— 3) survey.lei other then those thorn eat asses an site. free and voluntary act and deed for the uses and purposes Only those which are thosevisible or having a ist an this site therein mentioned. ence _ Witness• nano and official see) the day and year of heir installation are shown hereon. V�.��Q'''-' first above wrlttan. O Dlesnf loha snore(Arson are measured perpendicular to G.«..e _� I„e�',Q,�y.•9•/Ka F 11v p ftA�.•�•�y property lines. L•:..:I P.. s�xA.r J;l.-�•;�•1; 5) Full reliance for legs) descriptions end recorded . Nt•tiH easeeents hove been placed on the title report from �� ( AMP ) \+ COeonreeltn Lend Title Insurance Co. Coulteent order No. 1lotar g�l�atr tM_ 1.1:, f M779539, dated November 23. 1999. No additional research Fes)] Weeti gtph, rtaid lnq at A"+r" e - tea been atleepted. 1 Basis of Bearing: ,.•.e;l;# 6) This site is epted.t to rights for elope tar cuts or fills �.•.,,_ .r as per Instruments filed under Recording No.'s 5613072 � 0' and 5623627 and by Superior Court Cause No. 632233. easnin ten hint•Lesoert Grid morel,tame es oetenlned Or �`I,-wa J coo•t�.r••e,on. • 71 reco sit■ is lupine[ to t DRecordingn of Covfnent doeunent Stets of Washington !SS recorded under Kii nq County Roc oretiO Nof Coveno0506. County of i APPROVALS: • This is to certify that on this day of CITY OF RENTON 1999, before aa, the can •re gees, a no cry DEPARTMENT OF PLANNING. eUILO NG ANOdPUBLLIC WORK public. pareonally appeared to me known to Flailed end approved 19d this be the parson n(s) who executed theaforegoing dedication end ORIGINAL DESCRIPTIONS: A.D., 1999. acknowledged to me that A f free and mvoluntaryentioned. act an and for the uses and purpose! The East 1/2 of the Northwest 1/4 of the Northwest 1/1 of tnw� ��¢��- therein aeht10nf0. the Northwest 1/e in Section 15. Township 23 North. Range Adelie Wo for of heonline. Building and Wlteaas■y hand and official Beal the cloy end year S East. M.M.. in King County. Maenlnston: Pubs le Work, of the C1tY of Renton Ilret •Dort erlttu, ilgiNtSportirun=o Klnfl CObfyty R,corOtng Mot'5Bf30 2utaeelt WINO COUNTY DEPARTMENT 99T OF A56F94wENT4: And except all coal and elnerals end the right to explore KG Examined and approved this 4 J clay of f>t� for and sine tee same as eoclodsa In deed recorded under Auditor"s A.I1.. 1999. a Notary Public in end for the Stoke of File No. 3012416: • wetin,ngton, residing at (Also known es Tract 2 of Martin's acre Tracts. unrecorded i • orC•un Are ate. Slloate in the City of Renton. County of sing. State of King County A050saor Washington. -�,..„ d„•,y1.1 Aquifer Protection Notice: ashingt .ltn the following: 'betty, epu ty Assessor The Protelcts crested herein fall within Zone 2 of m Aquifer The West t/2 of the Nortnasst 1/a of the Northwest ,/A of ace ty,t Nuahar r/l.t/•.•a.0•••••f•-••J/ ots c estte end ern subject to the requirements tf Renton,o the tm Nortnrest 1/a of S,ctlon 15. Toensn lD 23 North. Range City of Renton Ordinance as 67 and se amended oft Ordinance from a•shallow0@puller0underu the of drinking There S tent M.N.: 11 Extent the North 30 fest thereof: to no o.natural Extreme between the wercerio table and dlingd any liO d tubes care should be exercised tog when handling ofan except with thei groundtsurfacother e. Itthisen thewater property ownersrresponsibility Cause No 62233.portion forest et.mned In King County Superior Court to protect tna City:s drinking And incept the North 12 feet thereof conveyed to wing County for ,Southeast n 12Non St50rict y deed recorded December 16. 1964 r g ninio th•lsane, as excluded i by+daedarec0 dedt underl Kings county Recording No. 192430: (Also known as a portion of Tract 3. Martin's Acre Tracts. unrecorded): • . Situate in en, City of Renton. County of King. Stole Of aasninglon, • �1 a0O eda I Centre �uh y.WA South RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: 33832 h d WA South NW-NW 15, T23N, R5E, t PI •e er (zeal em Intl emm Na !ppo7A,1fi^�• a li:N" "� Pointe W. ill O'Kena. NM Retail Partners Mae re a.) do ;,.., Thister IT duel on innsconl a surveynCew that by se �'+,t/ 600 TieUni O Kity St.. Suite 3012 ed or Inert pt prieel lSn and t Countyy with can dtDrilnante Surveying Seattle, MA 9St.. fie.iI.Latest cols J F a,s.l )e*• I/lt of the February. rloco Stele end CountyStatute an0 Ordinance , w L e.in lea Wi.el lydb 7 at etw/ •raaalt a In February. 1999. • arwm[ [meson 7. i 14,linty'.;II suss in K Mein It051t S Woods KING COUNTY, WASHINGTON a,n June 15. 1999 1523 SHEET 1 OF 3 _ _ : t.,.e q-IS-199g was wnc re1527 w:-„,--/ 0-Ir'..-NL.� „wFSK,: undue.,in meta rioe00Y MO. • LOT LINE ADJUSTMENT •NO. LUA99075LLA , CITY LAND RECORD NO. LND300193 A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. t e• f. CITY OF RENTON, KING COUNTY, WASHINGTON net to scale lortnwel keno.Le. 15. tr.n.uwtw co. f art. 1� fount wHe r n In L•,Kfale' ,,,,�„aL eurlKl. Legend: Intaar•Alt ,lynrn ry t-^ controi'Ib'I°.. mop. .Y • -".mint found n noted. Owen 2J. I9i. kao �:• L12 0 a: 1 .rood..thing fled �� ,ten aft 15 -—Gel, AI E - •u'fmw vies nd ruaue car eea.oad•tro ass• 'yy ' t� \!� t..: 1 e: • eat. Ii ■ t •b 4F- it w , =�� - •y .••, :ill I • -. 44— W:-�' ^ is •mow /Oconiroi Pet t L. ew tp 0�4'.�.. Ilee)1 .• f^6 tap _ • &IviIi�. t Lambert Grid North tone Coordinates from • w GPS obeervetlon. Based upon NGS control grid. • NO•J7'J6•E 615.65' = 33L'— _ r0'q'Je•e• 471.00' /EII I �- • / 147.65' NEW - •• • •ee o _ = w C ' Ill .. U 0 1 19 • ! 5tg• ^ ` lilt 00 0 ill z 55. /y1 Y! . o a a) CM. oq. )'^ • ..ram.. , • o+� p� �';1 ID by . W ` 7 alp s alga r). $ . 71 "i• lit., ;1/ e y 0 L l0 67 , 3 ' _ .o'eee .1 >. 6) O1 z , v.1' I Y' Il . 0t P. s Q� V)Z I Y '' N0'J7'J6.6 471.00' NEe No• llne�) • ,A,' p � old lln� I _.. SI2 NO'50'59-E 619.25' 0.0 6 — ill. —r 1 See Sheet 3 of 3 0 .a ea I ♦ sxs9 9th Avenue SoutA MU litre • • 0 E. Centre ,,J,,,,less.„� plpp, NW—NW 15e-.T23N, R5E, WM Aral'1 �'�•� `7r� (233)801-1601 flood 1pa — ���,/ ► SCALE: •w, Va •,s '`�Y POinte Ti,a site, NW Retell s 30t12nen -, ••i 600 University St.. Suite 3012 /.a/Q �„ , : , ,r,, = Surveying Seattle. wA 98101 40 J a..4,,,))`1ssss —. K Mein n S woods KING COUNTY, WASHINGTON t - - - - -- - -- --- / .i..12-15-1999 Nit June15. 1999 d'"° 1523 SHEET 2 OF 3 .1/•1S -out - ,•-- JO' whc mX 1523 . - - -- - - LOT LINE ADJUSTMENT NO.LUA99075LLA i ) o oY CITY LAND RECORD NO. LND300193 A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG.` 5E., WON A CITY OF RENTON. KING COUNTY, Sege Sheet.�2 of 3 a NO'e7'afi'E elf.00'NEN �w Ilnt�J • 1 }R ^ • ; NO'5O'79'E 8fff.23' OLD010 Ifn.— 1 L--- 0 1 q. . . ... " s 1 a1.,.. I ` i gym$ o �fY S co s. I E• -f' (l,ieiEl'il C J , d r it 2 so ee fz w ele.efi ..;___i?, wi • 4nr* i 1 LI �YG (, • i2iI4 •ti tl C/' ' ' i Legend: !1, P r i =tl 11 • •,wm.mn1 Iwna..POMP.y1U1..wr1P 74. IMS. li 7( .Iowa..u.M flu w • •/.r.OY'with PPP V1uua Plip •ces znye• ul �1 . 1.41\1k l!nlp 03e3.OlA Avenue SoulA ° 6. I Centre ',,,,,,,,a,,1. .ems, NW-NW 15, T23N, R5E,1 1\1 1�: POlnte�x°s)eel real w.nn Nr. Tim Wean'. NW Retell Partners ,llq 1 g� . ';jib 600 University St.. Suite 3012 -- AT4 — SCALE: %, ; r , Surveying Settle. WA 98101 1/ 177 7 't L ♦,,� Ww if K wain ZY�h S Neooe KING COUNTY, WASHINGTON 11 =40 / -,.12`IS 100t ►ne 10. 1999 7`w 1727 SHEET 3 OF 3 - A.71.ai fiVt 1' 4 MI' 1.\.ue Wl IF;,'1 .� tin Y.. / .-. ;pc. ��'•- ;.{; '.d /•-i25 Phu IZ O. _.. . . • ;`' " ,..,`^ AGREEMENT AND CONVEYANCE ' let.. • RE: UTILITIES SYSTEMS }X THIS AGREEMENT mace end entered into this / day Of 1,l by and between the CITY OF RENTON, a municipai corporation of the second class under the laws and statutues of the State of Washington, hereinafter referred to as "CITY" end 1 Fairfield Developments, Inc./Rlchard E. Hathaway hereinafter referred to as "DEVELOPER"; Vice-President W i T N E S S E T H: O 1IEREAS "Tho Developer' is desirous of installing tertaln emssoormt sewer lines and _ , appurtenances thereto at, near, or within the hereinbelow described property and to • connect same to the City's Utility System so that such' improvements will constitute an - Integral part thereof; and • . i WHEREAS no other property owners or users are presently available to share In the cost ' 0 and expense of construction of such improvements and the parties hereto having In mind the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to as a "Municipal Water and Sewer Facilities Act, (RCW 35.91.101 et seq)"; and - ' WHEREAS "The Developer" is willing to pay all the costs and expenses for the installation Hof said Improvements; IOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES WAS FOLLOWS: I. The "Developer" hereby acknowledges and covenants that he Is the owner of the following described property, to-wit; S 230 FT OF W 1/2 OF 11/2 OF SW 1/4 OF SW 1/4 OF SEC. 10. TWP. 23N, R. SE.. M.M. . LESS W. 173 FT. LESS CO. ROAD. AXA PARCEL NO. 2 THIS AGREEMENT, AND IS THEREFORE EXEMPT FROM ANT LATECOMER FEE ' HEREIN. and the "Developer" hereby agrees end covenants to cause to have installed the following - . described improvements, to-wit: INSTALLATION OF 1355 L.F. OF 12", 15", AND 16" SEWER MAIN, 8 MANHOLES AND ALL OTHER .. APPURTENANCES PER CITY OF RENTON SEWER PLAN S-429 PHASE II. LATECOMER BASED ON 8" PIPE AS CITY PAID THE DIFFERENCE BETWEEN 8" PIPE AND 12". 15", AND 16" PIPE IN OVERSIZINC COSTS. and such Installation to be made in full compliance with all applicable codes and • regulations of the City of Renton. The "Developer" further covenants and warrants that all expenses and claims in connection with the construction and installation of the • aforesaid Improvements, whether for labor or materials or both have been or will be paid • . In full, all the "Developer's" expense, and the "Developer" covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. The "Developer" further certifies that the total estimated cost of said construction es hereinabove specified will be in the sum of $ 63,283.90 . See Exhibit "A" attached hereto for the legal description of the lands affected by this __.._.... • latecomer agreement ore map showing in outline the lend affected by such additional charges pa. the terms of this agreement. Per RCW 65.08.170(3) (RCW 35.92.025). '• SEE EXH��Ir�BppI��Tn�""fsA" FORi! FED IIiIrW11Y AT 11WYM11 vi 87/11,18 80730 A IECD F , ll.C'0 PyE'.T i*pry N1x • G15HSr_ • .i....1.11.00 . E•kt IOtL, ILK SHEET 1 O •t-611 . r .. . 1 . w.Y- ;Ss .> • - • ._ •• gated on said total amount of cost per front • • Y::,`. . lineal foot (44/41kt out tht lrappUtabtt Mitt) of sald Improvement shall be employed to • '- • determine the pro rats reimbursement to the "Developer" by any owner of real estate, - who did not contribute to the original cost of such iprovement, and who subsequently GO wishes to tap into or hook unto or use said facilities, which tap or hookup shall Include connections to laterals or branches connecting thereto, ell subject to the laws - and ordinances of the CityprovisionsAgreement. `of Banton and the of this It Is• hereby further agreed that in the event the total actual cost of the aforedescrlbed O improvement shall be different from that set forth hereinabove, then this Agreement will be dulyf y amended to set forth the total actual cost thereof. The pro rata met • p per j 1t Is ?OOT is $ 28.2502 . . : s hereby found and determined that the construction and installation • said eforedescribed improvement is In the public interest and in furtherance of public • i health and sanitation. • . • C'D'2 M. The "Developer" hereby agrees and covenants to convey, transfers and assign 00 unto City all right, interest and title in and to said improvements and all appurten- encumbrance ofany party antes and accessories thereto, free from any claim and whomsoever; City agrees to accept and maintain said improvement as part of its present I~ Utilities Systems upon approval thereof by the City Engineer and after inspection of OD said construction. The "Developer" further agrees and covenants to execute and to deliver unto the City any and all documents including Quit Claim Deeds and Dills of Sales that may reasonably be necessary to fully vast title in the City and to • effectuate this conveyance and transfer. The "Developer" further agrees and covenants to pay unto the City such service or other charges as may be imposed by the Ordinance . of the City of Renton from time to time applicable to like of the same class. . 5. City reserves the right, without affecting the validity or terms of this • Agreement to make or cause to be made extensions to or additions of the above improve- ment and to allow service connections to be made to said extensions or additions, without liability on the part of the City. - 6. No person, firm or corporation shall be granted a permit or be authorized to tap Into the facility for water or sewer service during the period of TEN (10) years from date he not without first paying unto the City, in addition to any and all other costs, fees and charges made d for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this - contract except such charges shall not apply to any extension of the main facility.l motetsAlmotets so received by the City shall be paid out by it unto the "Developer" under - the terms of this agreement within sixty (60) days after receipt thereof. Further- more, In case any tap, hookup or connection is made Into any such contracted facility without such payment having been first made, the legislative body of the City may - . cause to have removed such unauthorized tap, hookup or connection, and all connecting .I(title or pipe) or related accessories located in the facility of right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the Clty whatever. It is further agreed and covenanted that upon expiration of the term of this Agreement; towit: TiE (10) years from date hereof, City shall be I SIIEET2OF6 • C► • • •.1 tb ,+h.s ..4 ,. . • • ." -I ~ mate the "Oe►a�f+" r`'_ �ti:' �='.., � _�ialet�M bather oblljatlea to collect or make any further e+ae �: '�*;: .... ?.'h The decision of the City tosiaaer to his authorised representative is determining or wz&l?,$1''`.',`,. " .---tiompatiag the amount due from any benefited owner who wishes to hook vp to-Posh .:$;�f ,m:z„• - improvement, shall be final and conclusive in all respects. ' Will A ,•.. . 7. It is further agreed and understood that the aferedesctibed improvements to i r::; • be eadertakas and paid forDEVELOPER -,:. have bees or are about to be connected with the,Utilities Systoles of the City, End upon such connection and acceptance by the City through its legislative body, said extension and/or improvement shall be and become a part of the municipal utilities systems. — • S. This agreeneot shall be placed for record with the ling County Auditor's — IOffice immediately upon execution thereof and all costs of recording shall be the responsibility of the "Developer". . O DATED TRIS ./(I DAY or `T 191 O CITY 0 �RENTON, A MUNICIPAL CORPORATION DEVELOPEEt • EYt DQ7RR>0hG 1!jj ►mt�OLV1 BY: • W 1 MAYOR r>7.31.........)4..)7e.,,... _ BY. . _ CITY CLERK Rolf >//e 144' 44 ' . CITY OF RENTON DEVELOPER STATE OP WASRINGTt* ) STATE OF WASRINCTON ) . ) es ) se COUNTY OF KING ) COUNTY of LINO ) ..__, ' On this ' day of , 19_, On this day personally appeared before me before me personally appeared 1 , to me known to (Grantor(s) p I be the ( Mayor. City Clerk or other authorized I officer or agent, as the ease nay be) of the municipal corporation that executed the to me to be the jndivldual(I)deaeribed within and foregoing instrument, and in and who executed the within and fore- acknowledged said instrument to be the free going instrument, and acknowledged that he _ and voluntary act and deed of maid municipal (she or they) signed the same as his (her corporation, for the uses and purposes or their) free and voluntary act and deed, therein mentioned, end on oath stated that for the uses and purposes therein mentioned. �- he was authorized to execute said instrument Given under my hand and official seal this and that the seal affixed is the corporate day of — t. seal of maid municipal corporation. • II WITNESS WHEREOF, I have hereunto set Signature of officer and official seal my hand and affixed my official seal the 1 day and year first above written. •Signature i Title of Officer Notary Public in and for the State of Washington, residing at i Notary Public in and for the State of Washington, residing in STATE OF WASHINGTON. J ss. County � .....�._e- On this L_h day of e�C-rI�� _:_A. f).,Id/ OA before per.onally appeased r.A-•thy'- J's'r� 1 • [ —_..— -.to me known .. t' - of the commotion that 1 `1be9r:44i in end Iorejotog Insaument,and ackno.Iedped the said,n•trumeat to be the Ire,and.:•'1 II C>" .��.A". d of .aid corporation for the use.and purposes therein mentioned,and on twrh.ute.1 •he'W�V� uthaittd w to sera Imirumrnt. 8 'A� ARr fT'"' • t •41 — • r�JN WITNEIS a RBDF• 1 heir Ae.eww.et.v N.1 awl•//reel s..r./priJ viol rAe M..I..�rr terse rMr•e di 1 : f 1 r �l . �l:�,yt 8L;Ole • _va.••a.. V 6..�t✓w___._____—_._. • O` w1�STs\� ry'pnNle re a—lax ti..Sta.of msJxastow,e.,Jne a JLte Ciil--------- . • V C+r.•'e.•--••.:.,. s.r .LA., )"y`L.. N. ,919 ..A., rm Cowpony e KO TN%Iaen Car-AG( LEDGAIENT-COWPOIR ATION ' 11. • • Y. ...:. mill_ °%1!14 mg ‘,...,:. . ., `s``.t d?! Sdy c t • ..• - `tea• !y- ...4 .":' ill •,'.!•� ?;•dr:"••. NOTICE OF ADDITIONAL WATER OR SEVER +s* ;`n4{ FACILITY TAP OR CONNECTION CEARCZS • ' `:•'a•. REQUIRED BY RCW 65.08.170 (3) • �'.. • (RCV 33.92.025) • • NUNIC1PALIiY - CITY OF REN?011..WASHINCTON ADDITIONAL TAP OR CONNECTION CIARCI PER: ' SANITARY SEWER PROJECT FOR FAIRFI!LO DEVELOPMENTS, INC O , t I • PROJECT NO.: 5=429 PRASE II RECIPIENT: • FAIRFIELD DEVELOPMENTS, INC., RICHARD R. HATHAWAY. VICE-PRESIDENT I • BRIEF PROJECT DESCRIPTION: INSTALLATION OF 1355 L,P. OF 12". 15". AND I6" ' i SEWER MALN. 8 MANHOLES. AND ALL OTHER APPURTENANCES PER CITY OF RENTON SEWER •• FLAN S-429 PHASE II, LATECOMER FEE.BASED ON 8" FIFE AS CITI PAID DItiERENGE BETWEEN 8" PIPE AND1.2"; 15", AND 16" PIPE IN OVERSIZINC COSTS. TOTAL? COST: • $ 76', 522.91 TO DEVELOPER TOTAL - 133 239.01 LESS OVERSIZINC REIMBURSEMENT' : $ 63, 283,90 • (TOTAL ASSESSABLE COSTS) (Front Footage XICCX3OPOOSOOCIDOE.CENVOOC2;240.12 TOTAL COST PER FRONT F00? $ 28.2502 • If there is any question regarding the paid or unpaid status of the following . please call the City of Renton, Utility Enginaar- • Ins Department at 235-2631. j ASSESSABLE ADDITIONAL • OWNERSHIP LEGAL DESCRIPTION FOOTACE CHARGE .,. . • PARCEL NO•.1 ACCOUNT NO. 102305-9085 175 fr.ft. $ 4,943.79. UNION SQUARE ASSOC S 120 FT OF POLO: W 175 FT OF - 11058 MAIN STE 110 S 622 FT OF E 1/2 OF SW 1/4 OF "•�"� ' BELLEVUE WA 98004 SW 1/4 OF SEC 10 TWP 23 N. R 5 E W.N. LESS CO. RD. ESMT. • • PARCEL NO. 2 • ACCOUNT NO. 102305-9322. 148.22 fr.ft. e $ 4,187.27 • 4 FAIRFIELD DEVELOPMENTS S 120 FT OF FOLD: S 250 FT OF (DEVELOPER'S - 10900 NE 8TH ST 0900 V 4/2 OF E 1/2 OF SW 1/4 OF SSE) BELLEVUE WA-98004 SW 1/4 OF SEC 10, TWP 23 N. - R 5 E. W.M. LESS V 175 FT LESS CO. RD. • PARCEL NO. 3 ACCOUNT NO. 518210-0020 631.30 fr.ft. $17,834.36 , IENRT BALED • E 120 FT OF FOLD: TRACT 2, • P.O. BOX 68562 MARTINS ACRE TRS. UNREC. LESS SEATTLE WA 98188 CO. RD. • PARCEL NO. 4 ACCOUNT NO. 518210-0030 6 0031 631.:O fr.ft. $17,834.36 HENRY RAIRO W 120 FT OF FOLD: TRACT NO. 3, ; P.O. Rn; 68562 MARTINS ACRE TRS. UNREC. DAP © c y ' I . SEATTLE WA 98188 V 1/2 OF NE 1/4 OF NW 1/4 OF • - — o I •• NW 1/4 OF SEC 15, TWP 23 N, .. n. I A E,'W.M. LESS CO RD 6 LESS - J - r N 2.8S FT OF E 60 FT OF W 90 FT • TROT TOW THAT POE OF TRACT NO. 3 c • DAF: MARTINS ACRE TRS UNREC y E60 FTOFW90FTOFN300ET - s •• LESS ST, _ _ .. SHEET 4 OF 6 i f r F x o •.� ` y may.• ":Y. ..,... • . t*: •; - . .I.t-gr FY>sy. a • .. • - :-. .4::: 7:2,:.: �?-• . - NOTICE OP ADDITIONAL VAT!? Oft !Er= • fi; r;T:'• 7AC LITT TAP OR CONNECTION CHARGES 1. s_ ;t;x, IT RCM 63.08 170 (3) y `"?S:' :.`1'- (RCM 23.92.023) ASSESSABLE ADDITIONAL . REQUIRED I LEGAL DESCRIPTION P00?ACE CHARGE • l men�' S ACCOUNT 110. 318210-0081 133.15 fr.ft. 4.383.02 ` 411DAIi.WOODALL 248• I-120 PT OF POLO: PDX TRS 7 IINION AV NE AND 8 MARTINS ACRE TES UNREC alb 11mRON. WA 98056 N 1/2 OF TRS 7 AND 8 LESS • ! S 172 PT TROT AND W 230 FT THOP i PARCEL ACCOUNT NO. 518210-0068 172 fr.ft. $ 4.859.04 E 120.17 OP POLO: POR T1. 7 248 - UNION AT MS MARTINS ACRE TRS UNREC DAP RENTON. WA 98056 'E'264107.07 8:172 PT of N 1/2 • •"r' PARCEL NO. 7 ACCOUNT N0. 518210-0050 327.15 fr.ft. $ 9.242.06 BOB McCANN.ENTERPRISES• V 120 PT OF POLCt FOR TRS 5 • P.O. BOX 2827 AND 6 MARTINS ACRE•IRS UNREC • ' RENTON.•WA 98056 PP ACT 39961503 MOBILE HOME N 1/2 LESS S 110 PT OF E 215 PT• VLESS CO. RD. 1 CO TOTALS: 2;240.12 fr.ft. $63.283.90 • • • • • • • • • • - .r L. i • • • • • • • PARtILNO. 2 • •DE9ELOPERI3 PRO-RAT. 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';'•*t4' .•$,:446:14:4 t';':. . i+ /'l UTILITY EASEMFNT i THiS INSTRUMENT, made this 23 day of /9�,/tom.- , 19 O4 i by and between HENRY J. 8A1K0 _ and AD1l 8ALK0 hereinafter called 'Grantor(s)`, and FAIRFIELD DEVELOPMENTS, INC., a Washington Corporation hereinafter called •Grantee'. 05,09/26 i10881 8 RECO F 7.00 Val Cgc_419_ ««*.7.00 WITNESSETH: 55 That said Grantor(s), for and in consideration of the sum of S ONE DOLLAR O paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and .warrant unto the said Grantee, its successors and assigns, an easement for sanitary sewer with necessary• �fr appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: 1 , i l The East fifteen (15) feet of the following described property: i The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest.1/4 in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT portion thereof conveyed to King . / p County for Southeast 128th Street, under Auditor's File No. / LO 5813072; N AND EXCEPT all coal and minerals and the right to explore for and :v) g mine the same as excluded in deed recorded under Auditor's File _ u) No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, a0 unrecorded); OSituate in the City of Renton, County of King, State of Washington. cI See attached sketch. nl V� Ei �� Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, • in, upon and under the following described property, together with the right of ingress to and egress from said described property for the foregoing purposes, • said temporary easement to commence on the date of this instrument and to , terminate on the date actual use of said easement area shall terminate,.or November 1, 1987, whichever occurs first. The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the ' northwest 1/4 in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT portion thereof conveyed to King • County for Southeast 128th Street, under Auditor's File No. . 5813072; I® 1 • AND EXCEPT all coal and minerals ,nd the right to explore for and • mine the same as excluded in deed recorded under Auditor's File No. • ' 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, unrecorded); Situate in the City of Renton. County of Kint, State of Washington. • See attached sketch. • • Fairfielo Developments, it successors, heirs, and assigns, agrees to indemnify and hold harmless the Grantor(s) from any liability,costs or expenses whatsoever relating to the use of the temporary easement by the Grantee(s), their successors or assigns. , AMA • • ' • — _ - ... • - J "• il_• - A ''s ■ .-A 1 Said heretofore mentioned Grantee, its successors or assigns, shall have the • right, without prior notice or proceeding at law, at such times as may be 4. necessary to enter upon said above-described permanent easement for the purpose �- of constructing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, without incurring any legal ` obligations or liability therefore, provided that such construction, Iii maintaining, repairing, altering or reconstructing of such utility shall be accomplished in such a manner that the private improvements existing in the rights)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced inas good a condition as they were • immediately before the property was entered upon by the Grantee. • The Grantor shall fully use and enjoy the aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such f use does not interfere with installation and maintenance of the utility line. i However, the Grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utility. Grantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein described. 1 • This easement shall be a covenant running with the land and shall be binding on the Grantor, Grantee, their successors, heirs, and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful ri6"5ght to execute this agreement. r�Lc� � and l.<! 1 ..A ' "` 9^� ADA BALKO J�"C c• i STATE OF ;4< . , . ` ) 1 COUNTY OF G i ss. t I, the undersigned, a Notary Public in and for the State of ( •,. t hereby certify that on this�3c iay of a.L. r.„� . 19 -, per na}ly appeared before me J1 e.-i e/ /.3r./A and !elq ��.lKr) `�J : to me known M 1 ! to be individual@ described in and who executed the foregoing instrument, and acknowledged that T'r;l signed and sealed the 1 j same as—f1(rr,c_._... free and voluntary act and deed for the uses and purposes ::++. i therein mentioned. 1 v • t'?� • Notary Public in and for tie:Sian df•.•�� 1$ �,Z 6ti'CcY,�,7c4C residin a .? �.. /:•• a - : 1-ii ii a: j s A m& • , , II 1 _ p _ i 1..._ _ .. . ^__- I -- � •r1 � 1 � I , ? • . I NE. *4TH ST. _ SE. 128TN St • 4 I .� JAfe›.yj ... ..•1L frlllsrr-�--.•— ltd N a lull "41 Mt f" � aaJ waf "a"ar _.s• .W�aYa.: 1111 •':i ' 1 • ' II i e. •t' ~_ � iNR- T. • • I.I] V ' ; I ,�_.•�. 1 k ADA �ALK0 i _ I , 'J `',Y V - •L ,� Ed • A - . r t Y 1 1[ .-2 4.`• • 4 r I i /5' —� i;: _ . . • 1 1 ". 6E,VER E4SEM&rl • .. 1Q IMO N 111-T/ TTi T//0///0071 ...1. hi • V�s O• ye IW.OY IY. 1/l. g II .•ce ceP&V?)' aa,. GI 5 •t i 4a1. a «�-al_-/P 011.i 31�•Ia . (�ai.i►� •I• ~•N bMfM a... 1M - PGA RU 7 W . ! 5 11-1 .. I _.:___ . . ,... -__F____ 4 i.[.i i z � 7 re � is l 1 T ImoI • ma 10.1''8 I � 7 �•� 1 6 v NE. 2ND Pl. (rlurwsr wwa� .../ , j l rsrfir—i ' "i > -' 11. • 1 i ;I 1 �,_. .I II fII l fIl f I ••Ia1 : V7 1 L . I 11 11 w a‘•I.a' W T� 1i. 's•�j_ w - 'w • W • w Z/f� I• LJ• /a,.all •IP4.4t <J1••.••11 Z II,.IA <1N•„P7 '''' q-ry Ja4.l�l •)7.-.,07> 1: I LOT 1 !) • J �- . ME ;I ]', . • _ __m ummilsav -- s II�� WWI 0 1 1 .I . .? . , REGL . I., v., Str 'I P ,r .t1'% 1 • r• Itas•All F6,.09. 1i - *1E74 E RECV' r g,r1-. CASHEL ....o,LN_: i 41. TRANSFER or UTILITY EASEMENT • THIS INSTRUMENT, made this,Wday of 1 !/ , -• 1986, by and between FAIRFIELD DEVELOPMENTS, INC., a Washington L GC corporation (hereinafter called "Grantor") and THE CITY OF ' v 'i RENTON, a Washington municipal corporation (hereinafter called r1 • u "the City"). . G7 WHEREAS, Grantnr has obtained a utility easement through, across and upon property in King County, Washington, said ease- ment being recorded in the official records of King County, a copy of which is attached hereto as Exhibit A and incorporated by •• this reference herein; and i ill--111i • WHEREAS, said easement expressly provides that the easement I may be transferred to the City of Rentcn; and i WHEREAS, the City has requested the transfer of said ease- sent as part of the approval process of Grantor's development of , the property served by said easement. , 1 NOW, THEREFORE, in consideration of the mutual covenants . contained herein and other goci and valuable consideration, ., Grantor does by these presents grant, bargain, sell and convey onto the City said utility easement recorded in the official • records of King County, a copy of which is attached hereto as ._ Exhibit A, along with all rights and responsibilities appurtenant - thereto. Grantor retains a temporary construction easement for all purposes during the construction of any facilities over, across, along, in, upon, and under said easement, together with the right of ingress to and egress from said easement for the construction, maintenance and repair of any utility facilities • required to be installed or maintained by Grantor. f ( (i` 1 1.-I-ck ,, '' '-'- ' .' ,•• EXC:SF TAX NC F_.. •-'D _ l -'= fog Cc F'• • jiiL4 -. p, - - ' _ ' . �_ • r,. N .•• • � .. O� IN WI MESS WHEREOF the said grantor has executed this • instrument on the ;� day of . 1986., • FAIRFIELD DEVELOPMENTS, INC. �' • 4 i _. .. Ric ar R: Hat away yr Vice President . to .4 STATE OF WASHINGTON )• ss. _ co COUNTY OF KING ) • I certify that I know or have satisfactory evidence that Richard R. Hathaway signed this instrument, on oath stated that he was authorized to execute the instrument and Jj •, acknowledge as Vice President of Fairfield Deve for lopment /uses 'Ito be the free and voluntary act of such party and purposes mentioned in the instrument. Datedi S(...Ly 3c iy/C. ..•: i d..tc,�.� Notary P ac an an or e State gf Washington, residing •_.'._ • at "'. !/ ' yJ ,oS1OM �� _:• t u '� �lf% ' ii,..••;�� of wASN` . I •• • • • — . • . irm i iL1 - . ki• r; 0 -"XI/MIT A L 't' UTILITY EASEMENT . woos r '. p THIS INSTRUMENT, made this 113 day of )r, t . 19 O,? by and between HENRY J. BAL and ' ADC KO BALKO hereinafter called 'Grantor(s)°. and FAIRFIELD DEVELOPMENTS. INC.. a Washington — Corporation hereinafter called 'Grantee. 85/09,26 bOANB1 13 RECO F 7.00 CQSHSL +•*.7.00 WITNESSETH: 55 111111 That said Grantor(s), for and in consideration of the suer of $ ONE DOLLAR paid by Grantee. and other valuable consideration, do by these presents. C grant. bargain, sell, convey. and warrant unto the said Grantee. its D successors and assigns, an easement for sanitary sewer with necessary /►� 4 appurtenances over, through. across and upon the following described property 1 v in King County. Washington, more particularly described as follows: The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the 00 i"4 Northwest 1/4 in Section 15, Township 23 North, Range 5 East. W.M., in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and • : . I. mine the same as excluded in deed recorded under Auditor's File . 2\ No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, mire- �D unrecorded); e) Situate in the City of Renton, County of King. State of Washington. ' O p See attached sketch. I 'n •1 Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following described property, together with the right of , ingress to and egress from said described property for the foregoing purposes, said temporary easement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate. or f November 1. 1987, whichever occurs first. —1 The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the - Northwest i/4 in Section 15, Township 23 North, Range 5 East. W.M.. in King County, Washington; EXCEPT portion thereof conveyed to King I.County for Southeast 128th Street. under Auditor's File No. • 5813072; AND EXCEPT all coal and minerals and the right to explore for and II 0 mine the same as excluded in deed recorded under Auditor's File No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. unrecorded); . Situate in the City of Renton, County of King, State of Washington. See attached sketch. 6 , , __. , Fairfield Developments, it successors, heirs, and assigns: agrees to indemnify and hold harmless the Grantor(s) from any liaLility,costs or expenses whatsoever relating to the use of the temporary easement by the Grantee(s), their successors or assigns. !' • . • 1 . r r . • .� • ' r_• • p M i a. III Said hereto ore mentioned Grantce, its successors or assigns, shall have the '+ right, without prior notice or pro-ceding at law, at such times as may be necessary to enter upon said above-described permanent easement for the purpose of constructing, maintaining. repairing, altering or reconstructing said , utility. or making any connections therewith. without incurring any legal .® ' obligations or liability therefore. provided that such construction. y maintaining, repairing. altering or reconstructing of such utility shall be accomplished in such a manner that the private improvements existing in the rights)-of-way shall not be disturbed or damaged, or in the event they are ; I, disturbed or damaged. they will be replaced in as good a condition as they were IA immediately before the property was entered upon by the Grantee. MS v-i ri 8 The Grantor shall fully use and enjoy the aforedescribed premises, including CID the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. '111Mj However. the Grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utility. Grantor acknowledges that the Grantee may transfer this easement to the City of , Renton for the purposes herein described. II\ 2( This easement shall be a covenant running with the land and shall be binding on the Grantor. Grantee. their successors. heirs. and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a , - good and lawful right to executeJ this agreement.' �i" and O,CLL.C- rC/Gl..,..ze ii__- RY �" ADA BALK° STATE OF /j •< �r .P�C.� ) ts. COUNTY OF • C ) , 1. the undersigned. a Notary Public in and for the State of ed444r5 f��. � nkreby certify that on this,R. Aiay of (,G{•i.�,c..,� -., 19/ . persbnally appeared before me f1 a Ore y .J tfc./K and !rim ��./bra : to me known mm to be individual) described in and who executed the foregoing instrument, and acknowledged that -7r4e _ signed and sealed the same as - e,,C-_-, free and voluntary act and deed for the uses and purposes therein mentioned. 1 , i' Notary Public in and for the State of• • �= s!t',i/..,�7 �1 � . residing at ri+7`1��. t3D V — Z J 6— �C"' b., 2.- i - v ME - • i • �wr�ra • • • August 5, 1992 • Subject: Property 4225 N. E. 4th, Renton Washington_ ,57 2/0-����"03 4301 N• . E. 4 th, Renton Washington - S/4701/ ��3v �� w . 11 i4. • , - Dear City of Renton: 2 The City of kenton is encroaching on my property by ' !3 about 10 feet. The City didn't give me any notice that they were going to put a 6 foot pipe and extend it in to • the ditch line. The problem is that the City is 10 feet • _ ;t on my property with 4 feet of pipe and 6 foot of rock and .. ' • c gravel. They have also moved the ditch line farther onto z my property. On the north side of the property the ditch ,n should be more in the City right of way. ~ • The Strom Division was the people who worked on z my property -lc July 23rd and 24th, 1992. The field worker names is John Thompson, 1 ,i- and the overseer is Jack Crumley. lc L{., I am giving notice to all that the City of Renton, has • Iii adversity encroached• on my property without my approval and I am f� recording this letter at the King County Courthouse, Real Estate •> •• 1.1 g 1 Jo' property. 1,...„L) Sincerely, • •1 I 6' Sg /..P4.42'4441 . '14 C.- • is `') Diana Lee Ribera I ' itibere-Dalko tn°erprises ;., . 13740 S. E. 246th I Kent, Washington 98042 .• i206-630-3343 •` ' 1 rad Cora b+.•on ante Ms ,i • ir ctaq 1 u:•:' aa) tillsiatt .'f .y .. r '• ,. .1.;.. 1 • am± ., . . " . . . .. • . • • • • . .. . . . • . ' . . 1 • • ' — - • - - A 13221. S.E. 128th Renton. Wn. )A0: Frank Siebens QUIT-O.-A.1Ni DEED R/W 1805 3126_11:"..—erb. 17 \ . Rehton, Wn. ' Tract ? . . • , •. The grantor mein. Frank Jt 8ill?.905. and Kra. _Prank .Siabens. P.- © ————— • r , . qt..7for the consideration of....$..11.0.0..00..............-..........• Dollars CCI in and elan of benefits to accrue to rts...mt-.1..c..... by reason of laying out and establishing a public road through..rasi...x.r• property, and which is hereinafter described, convey release_ , and quit- • to the County of - • 1<lx-N c.c. State of Washington,for use of the Public forever, as a pubic • 4 ralcilqaylllntfeithtilopging deseibed r Ie, vi .011r21 .TractoFittaAijirrcpal , . a. .. , 5o portion being • . . . described as follows: The S. 12 ft. of the N. • ft. of the E.1/2 of the N.W.i. of the N.W.i of the N.W.; of sebtion. . 15. . Containing 0.10 Acres more or less. R/W S.E. 128th St. ( 132nd Ave. S.R. to 168th Ave. S.E.) ; II together with the right to make ail necessary slopes for outs and fills upon the abutting property,and on each aide of said described right-of-way,in conformity with standard plans and specifications for highway purposes, and to'the same extent and purpose as if the rights herein granted had been acquired by condemnation proceed- inp under Eminent Domain statutes of the State of Washington, . situated in the County of W.x3...T. State of Washington. Dstsd thia... 2 2 day af... C::)0..........0 t-- ..A.D.19_.4. WITNESS: • gEr.A.4..../mAk si >41A7411-.1^1,---'4 . i • _ ..„...— 1 . . • -• • . ' • . ' • • . . • • - _ • •• . . • . ., . • . . . • • . . . , . • • • . . . . . • • _ . . . . .., • • •• . , • ' . • . 1 • • . . . .., . . • . •• . - • • • •• . . t a . . -• • •• . ' • .. • - • . . - . . .. .. . . . . . • . ... .,, • ' - • . . . . . . .. . . • . _ • • . .. ' • . - - • • • • , ' . • • • . . . ' f. . •• 4 • . . ' • •••.' . . • • • • - ' , . . . . . . . . • • . .• • • - . . . ••• • • ' •- . . • Mr. k Mrs. I. W. Carve cur, 15,23.5.9 , :13418 S.E. 128th St. IM DEED �� 1805 ` = Renton, Wn. QUITCLAIM� Treot 3 19 ,. The.grantor...e.•.herein I..bt..•..Cirun...aatd..Evel,ynn...Z... Carus � -.. 73 for the consideration of $ .11411-.00,.......s...........................s.s.s.s.s.s-s Dollars and also of benefits to accrue to .,Casa,.• by reason of laying out and establishing a publio road • through.... 2.r./..t;:.........property, and which is hereinafter described, convey release........, and quit- State of Washington, for use of • olatm to the County of .n� ; • the Public forever, as a public road and highway, all interest in the following described real estate, viz.: /A portion of Tract 3 of Martin's Acre Tracts Unrec. in Sec. 15, Twp.23 N.R 51E.W.M. , said portion being described as follows: The S. 12 ft. of the N. • 42 ft. of the E. 60 ft. of the W. 90 ft. of the W.1/2 of the N.E.; of the , Nr.W.1 of said Sec. 15. Containing .02 Acres more or less. R/W S.E. 128th St. ( 132nd Ave. S.E. to 168th Ave. S.E.) together with the right to make all necessary slopes for outs and fills upon the abutting property,and on each 1 side of said described right-of.way,in conformity with standard plans and specifications for highway purposes, and to the ersamEminente extent and statutesspurpose es if the State of Washington,granted had been acquired by condemnation proceed- ii I situated In the County of k73:5J• State of Washington. 1 Dated this . •f day of. ).4" .A.D.19.Ay. 1 WITNESS: /yam,,V 1 ..-11 /7., sa. I 1 , • • . • . . . • • . • , 1 4111L..4:----. . . .. . • • • . . , . , • . . it • f • . , • , • , . , . • , . . . . I • of SUR VEY • Ze-h-Woo V 1/4 OF SEC. I5, TWP . 23 N., RGE. 5E., W.M. NG COUNTY., WASH I NGTON • LEGAL ._DESCRIPTION (As per Transamerica Title Insurance Co. , No. 425233 , Dated 9/20/76) • The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North , Range 5 East , W.M. , in King County , Washington ; EXCEPT portion thereof conveyed to King County for S.E. 128th Street enton) under Auditor s File No. 5813072 , 10 And EXCEPT all coal and minerals and the right to exglore for and mine -r—— the same as excluded in deed recorded under Auditor s File No. 30124• N 1616.09�i--p9Q 1 15 (Also Known as Tract 2 of Martin s Acre Tracts , Unrecorded ) Situate in the City of Renton , County of King , State of Washington ; N 1/4 Cor.I5-23-5E -/ Fnd.3”surface brass disc. TOGETHER WITH THE FOLLOWING : w/punch stamped ® (Per Pioneer Notional Title Insurance Co. , No. A-23067$ , Dated 12/29/78) "No. I/4,of 15-23-5„ The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the dwn. 0.1 t in chipped Northwest 1/4 of Section 15 , Township 23 North , Range 5 East , in • out asphalt King County , Washington ; Shed a EXCEPT the North 30' feet thereof ; 4.5 • EXCEPT portion condemned in King County Superior Court Cause No. 632:_ for street ; EXCEPT the North 12 feet thereof conveyed to King County for Southeast 128th Street by Deed recorded December 16, 1964 under Auditor s File No. 5823627 ; (Being known as a portion of Tract 3 , Martin's Acre Tracts , unrecorded ) East line W 1/2 NE 1/4 t NW 1/4 NW 1/4 Sec.15 0.5. Eastei • _ L• • 41 7— 1East • to SCALE r" = ioo' BASIS ._.._OF . BEARING _ 40 1.21 East The Basis of Bearing is per K.C.A.S. - The North line of the 0 - 0 Northwest 1/4 of Section 15 (N 88° 02' 57" W ) . 2 King County Breakdown of Sec. 15 was used to determine subdivision I Fence • I • LEGEND • 2. .. • 4 Cor. 15-23-5E ,, • rass pin in1 Cont. ed) • SE I28 th Street (King Co.) NE 4th Street (Renton) 9 10 0 16 15 323.22�-0i N 88 02 57 W — 2585.74� Meas :w 626.44' 1 16 061 8 e, a' N 88* 021571 W . • 6 ' N o 01 mq-m 2.5'--�! 323.26' — ' - 323 256.51 � j�— co a ' I i •Lw 1 c� ' Q �'�' I • —Shed c to 01 CJ O Ali- 0 c p C� a , % —" f---4.5 z -•� ` CoAQi r) r%\,J ' .-/ 0rin 1f\C , ) %3C ' ' tD �� \1 _ tti Eas :or.15-23=5E --it 1t`s �d 1 In��\I J., c0 punched pin in % t� T t \ I t t--i1 NW conc.(incased) sr t 74 v Sanitary Sewer Esm t (shown on City of Renton 0.5' East eN I plans-1986) Lit c 1 e, LI 10.5' West line East I/2 NW 1/4 NW 1/4 NW 1/4 Sec. 15 I ofline West 0.8'--- 0.5 West ---..,,,I I.5' 4J East ; 0.3'West _ 7 to of tine —I-- ti c: SP 3S5-7� o lorti o �1.2' East •.-�� O o �'�"�• 91�%li'��:t3' 0 z East line NW 1/4 NW 1/4 0 0 z NW I/4 Sec. 15= West + r • c I line NE 1/4 NW 1/4 NW 1/4 Z ;,.----0.3' East of line Sec. 15 Fence. I . 1 e{ Fence 323.83' I.4'West ! 323.82' 4 S 88°09'34" E 647.65 I 0.8 East of line I South line N 1/2 NW 1/4 NW I/4 Sec. 15 '� ; �. \i I ; James Bakke, Inc. .t R-107-88 f. j, ii.CD FOR RECORD AT REQUEST L.. "` OFFI.:E OF THE CITY CLERK f ,1 ' ,•;;: , " 1 + RENTON MUNICIPAL BLDG. Y �L1 200 MILL AVE.SO. KENiON;WA 98055 7 DECLARATION OF RESTRICTIVE COVENANTS i g WHEREAS, HENRY J. BALM and ADA A. BALKO are owners of the • following real property in the city of Renton, County of king, State . of Washington, described as Exhibit 'A' attached hereto. f:iof said descei'ued property elesirt to iu-,pose { WHEREAS, the owner(s) A the following restrictive covenants running with the land as to use, , sl C present and future, of the above described real property. k rant !f9 NOW, THEREFORE, the aforesaid owner(s) hereby establish, g :, A and impose restrictions and covenants running with thee u land z , er L hereinabove described with respect to the use by their successors, heirs, and assigns as follows: 1 �� P- �; RESTRICTIVE COVENANTS 3. ' plan concurrently approved by Lilo 1; Only Lire residential site 1L Hearing ExAminer's Decision dated May 15, 1990 shall be I developed. i 2. There shall Le no more than one hundred eleven (11 units placed on the subject site. E it DURATION These covenants shall run with the land and expire on December 31, 2025. If at any tine improvements are installed pursuantro t to oethese ese covenants, the portion of the covenants pertaining installed ll terminate withoutin cesd sityeofrfurthers of the City documentation of Renton shall i: • • m • . 1 IL • I 1M [ry ?:t1. ..., .�.!, n.��. a3raxi'goUi?rm3L:n'e3h,:G c ' it Any violation or breach of these restrictive covenants may be enforced • by proper legal procedures in the superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. , r ../41:41.-,—;k, . 4 / "`HENRY J. B 9 1 LL. h /9 /2 t4AZo . ADA A. BALKO u 0 STATE OF WASHINGTON se. R County of KING • On this day of ���`-� 1990, before me personally appeared the person(s) who executed the within and ; 0 foregoing instrument, and acY:Lowledged said instrument to be the free i p and voluntary act and deed of said person(s) for the uses and purposes 1R therein mentioned. 1 L13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my { official seal the day and year first above written. j 1 Notary Public in and for the State of Washington, residing , at lCCt�1 i-. Ila te a. C Ti". . 1- -- i M CrQMM IIli orj EX.?,it-,( '>-/) 4 I I i v I. 1 la 4 I f r • . I.. It fi 11 n • ii ' g 1 i ' Y f LOT 4 (PROPOSED): I That portion of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in King County, . • described as follows: ' COMME NCING at the Northwest corner of the East half of the Northwest quarter o.. the Northwest quarter of the Northwest quarter of said Section 15; fi G' THENCE South 00° 54' 24" West, along the West.line of said East half, 264.54 s feet to the South line of the North 264.5 feet of the Northwest quarter of : !CD said Section 15 and the TRUE POINT OF BEGINNING for this description; In THENCE South 88° 02' 57" East, 240.09 feet; ea THENCE North 39° 51' 17" East, 69.73 feat; t THENCE South 88° 02' 57" East, 190.37 feet; © THENCE North 46° 57' 03" East, 28.27 feet; I THENCE South B8° 02' 57" East, 92.13 feet to the West line of the East 60 feat tit.. ; 1 C% of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE North 00° 47' 57" East, along said line, 147.52 feet to the Southerly margin of Southeast 128th Street; THENCE South 88° 02' 57" East, along said Southerly margin, 60.01 feet to the East line of the West half of the Northeast quarter of the Northwest quarter it of the Northwest quarter of said Section 15; • THENCE South 00° 47' 57" West, along said line, 618.64 feet to the Southeast 4 1 corner of said West half; 11 THENCE North 88° 09' 34" West. alone the East-West centerline of the Northwest quarter of the Northwest quarter of said Section 15, 647.65 feet to the Southwest corner of the East half of the Northwest quarter of the Northwest of the Northwest quarter of said Section 15; • THENCE th North R4 East, along the line said description• 397.33 feet to the TRUE h)INT OF BEGINNING and terminus of this 11 (Also known as a portion of Tracts 2 and 3 of Martin's Acre Tracts, unrecorded); a ALL SITUATE in the city of Renton, King County, Washington. :•';•.v .' ' PROJECT: BAKKE/1O-ACRE REZONE ,.^ ,. ; May 18, 1990 •r in nc 11 -`_ u..; 2768.05 =tie 7'%;` • 0 1 • I. James Bakke. Inc. Yf [t-107-88 ,:,, e cit CI)FOR RECORD AT REQUEST L•- 1.; OFFICE OF THE CITY CLERK • • ;r; �..; , 490 RENTON MUNICIPAL BLDG. • i• 200 MILL AVE. SO. • . I:EWTION,WA 98055 fl , : . : . .-- cuci r.; Ti DECLARATION OF RESTRICTIVE COVENANTS • i. WHEREAS, HENRY J. BALKO and ADA A. BALKO are owners of the • following real property in the .:ity of Renton, County of King, State • of Washington, described as Exhibit 'A' attached hereto. 1 • WHEREAS, the owner(s) of said described property desire to impose k the following restrictive covenants running with the land as to use, Cpresent and future, of the above described real property. 1. C NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant 1A and impose restrictions and covenants running with the land IS hereinabove described with respect to the use by the undersigned, 4 ii their successors, heirs, and assigns as follows: . U. iS RESTRICTIVE COVENANTS y Only l site ' 1. HearingeEx?miner'sa n Decisiolan datedconcurrently i =May15,11990proved e shall b the developed. 2. There shall be no more than one hundred eleven (ill) dwelling units placed on the subject site. • • DURATION II These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed impro'.•ements as required by the Ordinances of the City of • ' Renton shall terminate without necessity of further documentation. i • II 1 l ' • . Or ;,••.z.,- • r-i �.. W.16..ysm+:wau +.• a E ratala-` r• 71:4 Hin.N, . ?:tla '.vis:'.Ff�'dtrJY.Ri.�.d&ahmx^6�r,'ts'ivaY.��ILbL'?ut�3�.�. t` -.. _,.w.,.ww .w .HeA_lRff.m.SaL 7�L-SC. J • Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in tha Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. ' i --.---- --6/H '-:(/// -"HENRY J. B 9 /-' I • . LLd , f.3 . • AAA A. BALKO • STATE OF WASHINGTON . Se. ' County of KING ' 14. On this l' .- day of --j'Z)`-1" 1990, before me personally appeared the person(s) who executed the within and G7 foregoing instrument, and acY.-iowledged said instrument to be the free C and voluntary act and deed of said person(s) for the uses and purposes I In therein mentioned. LR$ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my elofficial seal the day and year first above written. CD • Notary Public in and for the State of Washington; residing ai at ICENi . M C-QMM ( Ilion! C>alA.l" .)11 )T4 I 1 • I I 1 It 1I .y •µ FT, • a k • 111 II • e. . .w • •• V , :l a `a z a j s . i . . S LOT 4 (PROPOSED): k That portion of the Northwest quarter of the Northwest quarter of Section 15, 1 Township 23 North, Range 5 East of the Willamette Meridian in King County, :1 described as follows: )11 COMMENCING at the Northwest corner of the East half of the Northwest quarter o.: the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West,line of said East half, 264.54 feet to the South line of the North 264.5 feet of the Northwest quarter of 0 said Section 15 and the TRUE POINT OF BEGINNING for this description; THENCE South 88° 02' 57" East, 240.09 feet; '" THENCE North 39° 51' 17" East, 69.73 feet; iA •, � THENCR South 88° 02' 57" East, 190.37 feet; © THENCE North 46° 57' 03" East, 28.27 feet; • ws THENCE South 88° 02' 57" East, 92.13 feet to the West line of the East 60 fest ' .. 041 of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; 11 THENCE North 00° 47' 57" East, along said line, 147.52 feet to the Southerly margin of Southeast 128th Street; 60.01 feet to the i 4 THENCE South 88° 02' 57" East, along said Southerly margin, East line of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said •Section 15; 3 4 THENCE SauCh 00° 47' S7" West, alo��g said line, 618.64 feet to the Southeast coiner of said West half; . z THENCE North 88° 09' 34" West. alone the East-West centerline of the Northwest quarter of the Northwest quarter of said Section 15, 647.65 feet to the Southwest corner of the East half of the Northwest quarter of the Northwest of i the Northwest quarter of said Section 15; THENCE North 00° 54' 24" East, along the West line of said East half, 397.33 feet to the TRUE IJINT OF BEGINNING and terminus of this description; (Also known as a portion of Tracts 2 and 3 of Martin's Acre Tracts, unrecorded); • ` :. ilALL SITUATE in the city of, Renton, King County, Washington. `^•:;;, , PROJECT: BA's(KE/1O-ACRE REZONE '.• May 18, 1990 ;,,?�i� ; CP��h i.�r' 2758.05 -2- •'"w M r, Denis LawCity Of tR)t, CD“yo Department of Community&Economic Development August 13, 2009 Mike Brown Fourth Avenue Associates 6450 Southcenter Boulevard, Suite 106 Seattle, Washington 98188 Subject: Receipt of the First Quarter Wetland Maintenance and Monitoring Report Ribera Balko Short Plat City of Renton File LUA02-129 Dear Mr. Brown: This letter confirms receipt of the first quarterly wetland maintenance and monitoring report for the mitigation project for the Ribera Balko Short Plat. The project is meeting the established performance standards; however, in the next quarterly monitoring report your wetland biologist should specifically address the following items: • Non-native and/or invasive plant species comprise no more than 10 percent coverage. • Small leaks and gaps in irrigation system have been repaired. • Mulch placement around the perimeter of the stormwater pond/north of the Maplewood Creek culvert. I look forward to receiving your second maintenance and monitoring report by September 23, 2009. Please ensure that two hardcopies are submitted to the City for review. Sincerely, • 1,C444.1.1.4/tePa>14) Rocale Timmons Associate Planner cc: City of Renton File LUA02-129 Katie Walter,Shannon&Wilson Renton City Hall • 1055 South Grady Way • Renton,Washington 98057 • rentonwa.gov i a Elli SHANNON&WILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Former Ribera Balko Short-plat Property �1 Wetland and Stream Buffer Mitigation First Quarterly Performance Monitoring Report r- Renton, Washington City of Renton July 30, 2009 Planning Division { AUG O 6 2009 RECEIVED SHANNON iWILSON, INC. - GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS Excellence. Innovation. Service. Value. Since 1954. Submitted To: Mr.Tom Foster Fourth Avenue Associates, LLC 6450 Southcenter Boulevard, Suite 106 Seattle,Washington 98188 By: 1 1 Shannon &Wilson, Inc. 400 N 34th Street, Suite 100 Seattle, Washington 98103 I L_ 21-1-12193-005 SHANNON EIWILSON.INC. ' I ' TABLE OF CONTENTS Page 120 INTRODUCTION AND SITE DESCRIPTION 1 2.0 PERFORMANCE STANDARDS 2 3.0 PERFORMANCE MONITORING 3 4.0 METHODS 4 5.0 RESULTS 5 5.1 Plant Survival and Cover 5 5.2 Noxious and Nuisance Weeds 6 5.3 Maintenance Concerns 7 5.4 Wildlife Observations 8 6.0 CONCLUSIONS 8 7.0 CLOSURE 9 '8.0 REFERENCES 10 TABLES 1 First Quarterly Monitoring Transect Sampling Results 6 2 First Quarterly Monitoring Noxious and Nusiance Weeds 7 FIGURES 1 Site Vicinity Map I 2 First Quarterly Monitoring Map • 3 First Quarterly Monitoring Photopoints APPENDICES A Performance Monitoring Data Sheets B Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Report 21-1-12193-005-R1.docx/wp/clp 21-1-12193-005 1 ' I i SHANNON&WILSON,INC. FORMER RIBERA BALKO SHORT-PLAT PROPERTY WETLAND AND STREAM BUFFER MITIGATION FIRST QUARTERLY PERFORMANCE MONITORING REPORT RENTON,WASHINGTON 1.0 INTRODUCTION AND SITE DESCRIPTION This report presents the findings of Shannon &Wilson, Inc.'s (Shannon &Wilson's) first quarterly performance monitoring of the wetland and stream buffer mitigation on the former Ribera Balko short-plat property. The purpose of first quarterly performance monitoring is to assess the buffer mitigation to provide a basis for determining whether the goals of the mitigation plan are being met and, if necessary, to identify adaptive or remedial actions to ensure that the goals of the mitigation are achieved. The former Ribera Balko short-plat property,hereafter referred to as "the property," is currently an undeveloped, "L"-shaped parcel (King County Parcel No. 5182100020)bounded by NE 4th Street to the north and by residential and commercial-use properties on the east, west, and south in Renton, Washington. The property is approximately 5.98 acres and located within the _ ! NW 1/4 of Section 15, Township 23 North, Range 5 East (Figure 1). Maplewood Creek flows south along the west border of the property and exits the property through the middle of the southern border. In 2006, Shannon&Wilson delineated two wetlands on the property. One wetland straddles a portion of Maplewood Creek along the western portion of the property. A second, isolated wetland was delineated along the southern portion of the property, east of the point at which Maplewood Creek exits the site. Mitigation was approved by the City of Renton (the City) in order to compensate for approximately 5,912 square feet (sf) of unavoidable impacts to the wetland/stream buffer as a result of a proposed commercial/residential development. Buffer impacts are predominantly the result of construction of an engineered wall along the western perimeter of the stormwater pond at the south end of the property. A small portion of the impacted wetland/stream buffer is associated with grading activities for future residences toward the center of the property. 21-1-12193-005-RI.docx/wp/clp 21-1-12193-005 1 SHANNON EWILSON,INC. - , The approved Final Wetland and Stream Buffer Mitigation Plan prepared by Shannon &Wilson, dated March 27, 2007 (Shannon &Wilson, 2007), was designed to establish a native plant community typical of the surrounding undisturbed buffer through buffer restoration (5,912 sf), buffer replacement (5,912 sf), and buffer enhancement (16,012 sf). 2.0 PERFORMANCE STANDARDS Following its approval of the Final Wetland and Stream Buffer Mitigation Plan, the City proposed that the applicant clear the entire buffer mitigation site of blackberry prior to restoration. To accommodate the City's concern over controlling blackberry, the buffer mitigation site was cleared in September 2007, while preserving the native vegetation where possible. After clearing, 6 inches of mulch (wood chips)were spread to suppress growth of blackberry and to stabilize the soil surface from erosion. These activities (done to accommodate the City's request) affected the performance standards within the approved buffer mitigation plan. Shannon &Wilson proposed revisions to the performance standards in a letter to the City dated January 15, 2008 (Shannon&Wilson, 2008a). The City approved these revisions with modifications recommended by the City's consulting biologist in a Technical Memorandum dated March 14, 2008 (Otak, 2008). The final performance standards, as revised by Shannon&Wilson and Otak and approved by the City, are summarized below: Year One(Quarterly Monitoring): ■ A minimum of 85 percent survival of installed woody vegetation during any quarterly monitoring event, or no more than 20 percent plant mortality of installed woody vegetation for the first year within the entire buffer area. • No more than 10 percent areal cover of Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), English ivy (Hedera helix), and species listed by King County as Non-designated Noxious Weeds and Weeds of Concern throughout the entire buffer area. • At the end of the first year, a wetland biologist will determine the extent of plant mortality that took place during that year by making a comprehensive plant count of the entire buffer area. All plant mortalities must be replaced during the fall or winter following the first year after plant installation. ■ If plant mortality is greater than 15 percent following the comprehensive plant count, appropriate corrective measures will be taken to reduce the potential for further die-back. 21-1-12193-005-Rl.docx/wp/clp 21-1-12193-005 2 SF IANNON 6WILSON,INC. Years Two to Five(Yearly Monitoring): • A minimum of 85 percent survival of installed woody vegetation through year two within the entire buffer area. • A minimum of 85 percent survival of installed woody vegetation through year five within the"enhanced"buffer area. • Minimum areal cover of installed woody vegetation and volunteers of desirable native woody vegetation of 30 percent by end of year three, 50 percent by end of year four, and 70 percent by end of year five in the"restored" and "replaced"buffer areas. ■ No more than 10 percent aerial cover of Himalayan blackberry(Rubus discolor),reed canarygrass (Phalaris arundinacea), English ivy(Hedera helix), and species listed by King County as Non-designated Noxious Weeds and Weeds of Concern throughout the entire buffer area during any yearly monitoring event. • After each monitoring event, Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), English ivy (Hedera helix), and species listed by King County as Non-designated Noxious Weeds and Weeds of Concern will be removed throughout the entire buffer area. Note that `percent of plant survival" is intended to reflect the percentage of living tree and shrub species initially installed and any subsequent plant replacements within the representative sampling transects (not including recruited species) relative to the number of tree and shrub species recorded during the baseline monitoring event. At the request of the City, a stormwater pond landscaping plan was prepared and submitted in the Final Wetland and Stream Buffer Mitigation Plan. The stormwater pond landscaping is not subject to the performance standards or performance monitoring requirements within the buffer mitigation plan. However, the City will require successful establishment of the stormwater plantings,s, landscaping as well as other landsca in ( •g•e , street trees or similar) associated with the site. 3.0 PERFORMANCE MONITORING The City requires performance monitoring of the buffer mitigation site for a period of five years. The monitoring program consists of a baseline report followed by quarterly monitoring events and reports during the first year and then annually thereafter. Table 1 provides a schedule for monitoring events. After each monitoring event, a performance monitoring report will be prepared to document the degree of success or failure in the buffer mitigation site and to identify adaptive, remedial actions to ensure that the goals of the buffer mitigation plan are achieved. 21-1-12193-005-R1.docx/wp/clp 21-1-12193-005 3 - SHANNON 6WILSON,INC. On July 16, 2008, Shannon &Wilson conducted baseline monitoring of the buffer mitigation site, which included a comprehensive plant count and establishment of seven permanent belt transects and four permanent photopoints. Our baseline monitoring found that 73 additional plants were required to meet the buffer mitigation planting plan(Shannon &Wilson, 2008b). Additionally, signage had not yet been installed in accordance with the buffer mitigation plan and some areas lacked mulch. After our baseline monitoring, 113 additional plants were installed and signs were posted according to the City's requirements. In accordance with the City's request, we prepared an installation letter and as-built drawing, dated December 29, 2008 (Shannon &Wilson, 2008c). The schedule for performance monitoring events is provided below. Due to a delay in final approval of the mitigation installation, this monitoring schedule was adjusted from the schedule proposed in our Baseline Performance Monitoring Report. ■ Baseline—(completed July 16, 2008) ■ Year One, First Quarter—April 2009 (completed May 4, 2009) ■ Year One, Second Quarter—July 2009 ■ Year One, Third Quarter—October 2009 ■ Year One, fourth Quarter—December 2009 ■ Year Two—Fall 2010 • Year Three—Fall 2011 ■ Year Four—Fall 2012 ■ Year Five—Fall 2013 • 4.0 METHODS The first quarterly monitoring was conducted on May 4, 2009, to record conditions of the mitigation. Vegetative monitoring was conducted using seven belt transects (Figure 2). Plant survival and condition (e.g., vigorous, living, stressed, dead) of installed woody vegetation, percent areal cover of installed and desirable native recruited woody vegetation, and percent areal cover of noxious and nuisance weeds were recorded. Maintenance concerns and other conditions that may be detrimental to the success of the mitigation and direct or indirect wildlife observations were recorded for the buffer mitigation site. Photographs were taken at the four photopoint locations established during the baseline performance monitoring(Figure 3). The seven belt transect sampling plots were established during our baseline monitoring and are marked with green metal fence stakes. A tape rule, displaying inches and feet, was spanned across the top of the metal stakes, forming one axis of the transect(y-axis). A 5-foot-long 21-1-12193-005-R1.docx/wp/clp 21-1-12193-005 4 SHANNON&WILSON,INC. measuring stick,marked with tenths of a foot, was held perpendicular to the tape rule to form the ' second axis (x-axis). ' Sampling was conducted by walking parallel to the tape rule and holding the measuring stick level with one end flush with the tape rule. When woody vegetation was encountered, the width of the plant along the x-axis and y-axis was recorded. Percent aerial cover of installed and desirable native recruited woody vegetation was calculated by multiplying width of the plant along the x-axis times the width of the plant along the y-axis. Where tree canopy was encountered, significant vertices within the transect were recorded to define the area of canopy cover. Percent areal cover of herbaceous species was visually estimated over the total plot area to determine the abundance of noxious and nuisance weeds. 5.0 RESULTS 5.1 Plant Survival and Cover ' : During our first quarterly monitoring, we observed that some of the installed plants (Douglas fir and Indian plum) were showing signs of stress while others appeared to be thriving. In total, plant survival was 91 percent (Table 1). Percent survival included only installed vegetation, consisting of Indian plum (Oemleria cerasiformis), Lewis' mock orange (Philadelphus lewisii), Tall Oregongrape(Mahonia aquifolium),Nootka rose (Rosa nutkana), and Douglas fir (Pseudotsuga menziesii). The combined areal cover during our first quarter monitoring was 14.2 percent (Table 1). Areal I cover includes all desirable native woody vegetation including installed and recruited vegetation. Areal cover from recruited vegetation within sampling plots primarily came from black cottonwood (Populus balsamifera) and willow(Salix sp.) saplings. Appendix A contains performance monitoring field data sheets. I-' 21-1-12193-005-R1.docx/wp/clp 21-1-12193-005 5 SI-IANNON&WILSON,INC. 11 : TABLE 1 FIRST QUARTERLY MONITORING TRANSECT SAMPLING RESULTS Transect -Transect:" , Baseline Number of; ::Percent` ving"; Dimeiasions Area Number-of Survi Percent: Aerial .:: -(Sfl :' _Plantsi = Plants2 Survival, . Cover3 1 25 x 10 250 29 25 86 8.9 I 2 25 x 10 250 30 28 93 14.1 3 25 x 10 250 22 23 105 18.0 4 50 x 5 250 22 21 95 16.3 5 100 x 5 500 10 7 70 n/a4 6 25 x 10 250 20 15 75 8.0 7 25 x 10 250 17 17 100 19.6 TOTAL 2,000 150 136 91 14.2 Notes: Number of plants includes only installed vegetation specified within the approved planting plan. See Table 1 of the Final Wetland and Stream Buffer Mitigation Plan(Shannon&Wilson,2007). 2 Number of surviving plants is the number of installed vegetation observed during the first quarterly monitoring,excluding dead plants. 3 Percent aerial cover includes both installed vegetation and desirable recruited woody vegetation. 4 Percent aerial cover was not recorded for the"enhanced"buffer area where only Douglas fir was installed. sf=square feet 5.2 Noxious and Nuisance Weeds During our first quarterly monitoring, weeds were abundant along the perimeter of the stormwater pond and north of the Maplewood Creek culvert. Where sufficient mulch had been placed, such as at the northern portion of the site, weed were less abundant. Maintenance work to control weeds by hand and apply mulch throughout the mitigation site was conducted after our monitoring visit. We conducted a follow-up visit to the site on July 16, 2009, to observe the weed control efforts. Maintenance work was in progress during our July 16, 2009, follow-up ' visit. At the time of our May 4, 2009, monitoring, we observed several species listed by King County as Non-designated Noxious Weeds or Weeds of Concern to be established in the buffer mitigation site. These species are Himalayan blackberry(Rubus discolor), reed canarygrass (Phalaris arundinacea), Scot's broom (Cytisus scoparius), Canada thistle(Cirsium arvense), and creeping buttercup (Ranunculus repens). We observed smaller amounts of Robert's geranium (Geranium robertianum) and field bindweed (Convolvulus arvensis), which are listed by King County as Non-designated Noxious Weeds. Tansy ragwort(Senecio jacobaea), listed by King County as a Class B Noxious Weed, was observed in small amounts along the southern property 21-1-12193-005-Rl.docx/wp/clp 21-1-12193-005 6 'r SHANNON ENVILSON,INC. border. Although Class B Noxious Weeds are not included in the performance standards for this mitigation site, the state weed law (Revised Code of Washington 17.10) requires property owners to control and prevent the spread of Class B Noxious Weeds. Based on the results of our vegetation sampling conducted on May 4, 2009, the percent areal ;cover of species listed by King County as Non-designated Noxious Weeds or Weeds of Concern exceeded 10 percent. However, areal cover estimates taken during our follow-up site visit on July 16, 2009, determined that weed cover had been reduced to 9.5 percent (Table 2). We 'understand that efforts to clear weeds throughout the entire site continued after our July 16, '2009, visit. The City requires that weed control be completed using manual control methods and will allow appropriate herbicide use only after all manual control methods have failed (Otak, 2008). If hand control methods are proving insufficient at controlling noxious and nuisance weeds, we will request the City allow limited use of herbicide. TABLE 2 FIRST QUARTERLY MONITORING NOXIOUS AND NUSIANCE WEEDS Transect� :.; :,' "".` Dimensions<'.; Area Cover:;;:: Cover* Transect (lxiv) ''- ..= `.. ,(sf) (05/04/2009) (07/16/2009):-;': 1 25x10 250 4 0 2 25 x 10 250 17 0 3 25 x 10 250 10 0 4 50x5 250 0 0 5 100x5 500 30 15 6 25 x 10 250 1 1 7 25 x 10 250 45 45 TOTAL 2,000 17 9.5 Notes: * Weed cover was reassessed on July 16,2009,during maintenance work conducted to control weeds. sf=square feet 5.3 Maintenance Concerns - Following the first quarterly monitoring,maintenance concerns were identified and recommendations made to the applicant. Those maintenance concerns and corrective actions ' that we understand have been taken by the applicant,based on communications with the applicant, are summarized as follows: 21-1-12193-005-RI.docx/wp/clp 21-1-12193-005 7 SHANNON 6WlLSON,INC. 1 _ • During our first quarterly performance monitoring, we noted small leaks and gaps in the temporary irrigation system where pipes did not connect fully. It is our understanding that the irrigation system has been repaired. • At the time of our baseline monitoring, weeds were abundant, especially in areas where mulch was thin or lacking. It is our understanding that since our monitoring visit, weeds have been cleared throughout the buffer area. ■ At the time of our baseline monitoring, mulch was not present around the perimeter of the stormwater pond or north of the Maplewood Creek culvert. North of the stormwater pond, hog fuel/mulch had compacted and thinned since it had been applied the previous year. It is our understanding that since our monitoring visit, 4 to 6 inches of mulch was applied throughout the buffer area to help suppress weeds and retain soil moisture. 5.4 Wildlife Observations As the site is within an urban environment, corridors and undisturbed connections to wildlife habitat are limited. No wildlife observations were made during our monitoring visit. 6.0 CONCLUSIONS Performance standards for the buffer mitigation site during the first year of monitoring are based on survival of installed vegetation and abundance of weedy species listed by King County as Non-designated Noxious Weeds and Weeds of Concern. The survival of installed vegetation over all sampling plots totaled to 91 percent. Therefore, plant survival on site meets the performance standard of being greater than 85 percent. Weeds were fairly abundant on the buffer mitigation site during our first quarterly monitoring and areal cover of species listed by King County as Non-designated Noxious Weeds and Weeds of Concern initially exceeded the performance standard of no more than 10 percent areal cover. However, areal cover of weeds was re-estimated as 9.5 percent at the time of our follow-up visit, which was conducted while maintenance activities were in progress. We understand that maintenance activities have been completed since then, removing weeds from the entire buffer area. Due to the recent weed control efforts, the site now meets the performance standard of having no more than 10 percent cover by species listed by King County as Non-designated ' Noxious Weeds and Weeds of Concern. 21-1-12193-005-R1.docx/wp/clp 21-1-12193-005 8 SHANNON&WILSON,INC. 7.0 CLOSURE The findings and conclusions documented in this report have been prepared for specific application to this project. They have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area. The conclusions and recommendations presented -, j in this report are professional opinions based on interpretation of information currently available 'to us and made within the operational scope,budget, and schedule constraints of this project. No warranty, express or implied, is made. This report was prepared for the exclusive use of Tom Foster and his representatives. We have prepared the document, "Important Information About Your Wetland Delineation/Mitigation Report," (Appendix B) to assist you and others in understanding the use and limitations of our 1 j reports. SHANNON & WILSON, INC. Brooke Erickson i Biologist BXE:PCJ:DNC/bxe I ' 21-1-12193-005-R1.docx/wp/c1p 21-1-12193-005 9 SHANNON&WIL.SON,INC. 8.0 REFERENCES Otak, 2008, Secondary review of the revised performance standards for the impacts to critical areas associated with the Ribera-Balko Short Plat, LUA 02-129: Technical memorandum prepared by Otak, Kirkland,Wash., 31033, for Andrea Petzel, City of Renton, March 14. Shannon &Wilson, Inc., 2007, Former Ribera Balko short-plat property final wetland and stream mitigation plan: Report prepared by Shannon &Wilson, Inc., Seattle,Wash., 21-1-12193-004, for Tom Foster, Fourth Avenue Associates, Seattle,Wash., March 27. Shannon&Wilson, Inc., 2008a,Revised performance monitoring success criteria for the former Ribera Balko short plat property: Letter from Shannon&Wilson, Inc., Seattle,Wash., 21-1-12193-004, to Andrea Petzel, City of Renton, Renton,Wash., January 15. Shannon &Wilson, Inc., 2008b, Former Ribera Balko short-plat property wetland and stream buffer mitigation baseline performance monitoring report: Report prepared by Shannon & Wilson, Inc., Seattle,Wash., 21-1-12193-004, for Tom Foster, Fourth Avenue Associates, Seattle,Wash., September 2. Shannon &Wilson, Inc., 2008c, Wetland and stream buffer mitigation installation, former Ribera Balko short plat property: Letter from Shannon &Wilson;Inc., Seattle,Wash., j ' 21-1-12193-004, to Rocale Timmons, City of Renton, Renton,Wash., December 29. 21-1-12193-005-Rl.docx/wp/clp 21-1-12193-005 10 -- NE61T ? 6TH tV z • r Ifw., C_IdL =1 m itvt i - ..a E sr.n 111 !ly STW wpia' Nt sie';i �c$snR y z�..,, 1.-r-Srb�, N Washington 4AV NEa'8- Y,e sT m,!'n1 <7'. : NES'H- _'IL C Renton 4 .t smN .fit' �y_ STH 41 *4 ,p ` '�1 '!' ` YXr +ids STH1'I z . mitt1tl _ -1Rahn �ZfnR11[1,i' --- -� lUE w FY,,3 q.mn N.i < 9Y14E w= •. 17 Project GE 3 4TH `gR-i-i e a ST :1F ' �� �� 7. 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This map is copyrighted by©Rand McNally, R.L. 08-S-34. It is unlawful to copy or reproduce all or any part thereof,whether for July 2009 21-1-12193-005 personal use or resale,without permission. All rights reserved. SHANNON& WILSON, INC. FIG. 1 a, Geotechnical and Environmental Consultants U- Northeast 4th Street (Renton) il Photopoint 4 i N Transect 7 A. ;.;.ii r.. :t i \ I It:: . I I i!:+ . -■ :❖1 ❖:• \ 4 Transect 6 44".it Pitt .`, :•• • ❖. .•i , .•ii i • Pit \\ 1 I Approximate Location "C\ Psa 1 -sc' 4 of Maplewood Creek I N 11 i - LEGEND Impacted Buffer $:::U❖% k \ I (5,912 Square Feet) l 1` % Buffer Replacement I c 1 \ United States Post Office •• (5,912 Square Feet) l\ `1 - \ `\ Renton Branch V—Transect 5 j Buffer Enhancement /1 j \ \ (16,012 Square Feet) l C ) ,\ \ ` / '1 \ I 5 I '� I1 _ ■ 1 I NOTES m � I I o ‘ \ 1 soil Pit 7 II Photopoint 3 1. 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'„Ii'iiiitr, '- -T.,tkimit.... ,....... 4r :1"-: i -' rt --- ',1 i I- L . i _Animal LU '". - , ./. . ir. cniJ'rM .,.,•. • cti • i. z y, 10,. ,,,,, ,. - LE n of 4•�.��. , + ' �" -h;.' ... 1z_ 7 _ ,. l,Lt weH - E , :, . :a}A� �it,. ',s.� w •r; ftilr, 1. k� • ::. J . 10 r+ f r+ k. :-....., ( .w yr �� at o .' i * w-' 4. CD N , : , 4.4v ' _ 'fir, }''� a. + IR F x E % E 1 W c, Y_ To COFormer Ribera Balko Property m Wetland and Stream Buffer �+ Mitigation Monitoring °' Renton, Washington FIRST QUARTERLY ;,. MONITORING PHOTOPOINTS eL July 2009 21-1-12193-005 sFIG. 3 E SHAN1a NON EIVVILSON.INC. °E°.. Sheet 2 of Filename:T:\Project\21-1\12193_RiberaBalko\AV_mxd\21-1-12193-005_Fig-3-2.mxd 07/28/2009 BXE 10 4-4r �e rrr,' 4 O .ot ,,• .. • ..�,..' {il `r, ,'/ , O + ,P3 ,/", t/ +;.,' �. M-.1 .ot.: .`•, .1' ,:,,.. ..ii.4 'II _ t r a "Il /'/ 1 - �j ri CZ '"r, +, ., - {� • i. • 4 a, 4 �i/ F 'Jr, 1 f h n i i1 1 + •i11 isok 4"� », *. � ,. P. .,it-Y . P. y ly i � f•v, • fi1; t l v lir• . 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'w _ O ;` e e w I`) 0m c� o � - 1 s ', .. jit; Ilk CD S�Z1 1— m co W� • N - W (JD - w CO cp 0 A rr-evich)( i' SHANNON EIWILSON,INC. • f p APPENDIX A PERFORMANCE MONITORING DATA SHEETS . I I I � I, I 21-1-12193-005 'iiiii S}IANNON F&MLSON.)NC Y""''� r, a .•sc: - -*w '1 'vim ;rItt-.;Q :77- .r y"`< .,;;;'kV:4,• "'{A�� -y4 .'. • i_ NAME 'L pn•g-r-hi . DATE 5.-Al/01 o Li S&WNo. 8.3-t-12-t'CS-° re *MONITORING EVENT •( st ' - No.of TRANSECTS I+ r'^`�Qski, OBSERVER bR,,,1« 2.4-+z1,-4i 4 SAC.av-b.'r No.of PLOTS 23 - Transect or Baseline Event. This PM Event • Change from Baseline N.sX Lde,et)5 Plot Quantity' %Cover' %Noxious' Quantity' %Cover' %Noxious' %Survival° %Cover' %Noxious' "'S•4'1'. -iI!o re a 1 2`1 _ -~ Ls . get q %,. 2 .Gt 1-1% —› GP 2 2 - v �' — 2 a 1t li 1-3-% 613 G 1-9 A .---> 0 rn 3 ZZ 23 va to %. 10S-y, + Zz% _---> o N 1 - 7 4 2 - ,I • 6 .� z.31 o / 6Y. + 3 i —1, o W 5 1 U /4 IQ/AA" _3o G % N/A -- 15— s 2—� ��,� 15- • . - 1 4 q'C% •— z --> 41 O 1 7 I** f'Z 1�' � ,i• 4� 1Qb% 4 (o% �' ,5_ I 10 .Y- .-_ _ .-- r- TOTALS 1 SO n42• 1A,. 13 Co •' a..;°4, 19 o e 43 I° + o For detailed performance monitoring results,please refer to the individual transecNplot data sheet. 1 Quantity is of only installed woody plants. 2%Cover includes installed woody and desirable volunteer plants. - -- ' '%Noxious includes noxious weeds and those species specifically called out in the success criteria(e.g.,Himalayan blackberry): °%Survival is a relative calculation based on the original number of plants installed within the transectlplot to those still living. A)SUCCESS CRITERIA:) 1 D y , p i t + `i t°/s yViii;Imo'V1 a-5'lb $V�---.\/v\ dJ ZU,t 161 Vebitkl'Oh - 3 G\t'ttQ. '` )v/, cam- o 0 ...-t-s l i$1 e.R,,s NOK-rc�,.la�"e waeJ!y #wce�Q$ .AFC�c eu-v.— 4-c. - rnai�. e�ce - DOES THE PROJECT MEET THE STATED SUCCESS CRITERIA? YES ✓ NO j B)GENERAL VEGETATION VIGOR/HEALTH: � I C)WETLAND HYDROLOGY: • • N/ . � Z A 12 D)NOXIOUS/NUISANCE WEED CONCERNS: 1 ' zW°24)S e,6.,,cSIGGt.1 arv'' 1) SSi�.r in P,Kt1 1, _ Owis /c.6- ,/, LeJ m +7 1 1,. a l''e-,-I vUv'r 1 ?jV(�I.A,U �J� 'c1-- gE)WILDLIFE OBSERVATIONS(DIRECT AND INDIRECT): / • w w Now- • F)MAINTENANCE CONCERNS: • fdi^ . 1. � S 1 G)OTHER: 1 1 `vlo1., Iac1...i,� cr - •h 'S w4,11c,� Art.�5 /1 Li1'1 aC.,It ..Fr1isc."t t tmu)1,ov4". f • • 1 1 ' I --— ,- ---- • , „ ii _ , =in§1.7RIPPAYAIrRIRNIIN97 17440V42C.:. .kilt,4.?geaaNtAfAitrA),,M5,NriziUTit:FARK7A.MKOMMil.,:i:ZWERIWiraNigMVIEMiltN7 ,i‘,;;':"7:1-ff*Warf2141NOVARTORWAtTar7iF NAME 3 S&W No.,2,1-1-I T.1 ei-5-oos- TRANSECT DIMENSIONS:ID ft.width X -6 ft.length TRANSECT No. to 3 MONITORING EVENT 1 s+ c.,V-i-v- if OBSERVER e,et„,,,,,,c,c....r.rd..soin; 5,„,..y..1.,Cz.-bil..-) s DATE 1A17/0 1,'M,':0%.V§t-.:(,.ri.lW:;',P414.%3X,5.,;,.:::;';',1:14a.',,,,rMa... Y2IWV:.;..':.4:,T4/47!-Mtr'lMr.4.4-'74.V. .tt.:?.?X-MW;',;a4tilit *476Pl:"...:AlitWalIMPAIMA411.1RtW,ttIVAli4DAWAVSIg-ZWThligW,".,.ittr:Ft .trirttli'4i;Nf.AM.',iii; l4Mt GENERAL INFORMATION BASELINE EVENT THIS MONITORING EVENT CHNG FROM BASELINE Symbol.' Common Name Scientific Name Qua ntity2 %Cover' Cover Tyne IN/E/Ns Quantity %Cover Cover Type %Survival' %Cover 1 iP . . Pk 1"-- C)ew.1 C.:';0. ca-t-AS.rFo•rwi\'5_ G (2.1 5 L, --r 1 1 %, ck 2 Ni le. '110o-4-LA,9-•0S-c-- r2-t.7.5o. wIt21-14a k.A. i i ().6; 5 il _ x. lo _ /,3 5 k i . • 3 _P-F Pos-,D(-A-s -c-,'v— 9s e,,,C415‘4)A .Vh2JA(1.11'..li ''X' * .al , 51', -r ..... 1 3••e7 5 k SO% .L•2, 4 OG) Ort.DA'AeNf--. rii a."1 J'A.'A. 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CA v-e.T- arc': -64,AJ A. -Kos-Re.- • n . -) . /0/„_/...6,,,,4 (.../„.11.. ,„8,0 . .se.cis 6,0,, - < \ex.:' . rc.cA.c...a.PuA-rti c)ra•AS -SceiV re ete,..0-U 1 t.3-• Weve2A-S C^c,VIAANY-Q-ck • . S MEASUREMENTS BELTTRANSECTSCHEMATIC I •' Plant TOTALS ,r _ Symbat Y-AXIS(length) fX-AXIS(width)�y� y p ! i • r f!S-/-fill 4rA.6,4:, IIT A61 X-axis AREA , i i X s `5 . ; I • a- ; _ _..5k to _ - ?� ..1.111.11 II ce ._v (n Y' 1 3 '. 4y D _ 1 1 4 2'�11 3 13q, �1e3 ' ' 5.9 �'P_V11'1Cf,�-tr' _1�1'Les r P 1. 1 • !` , 11611u` f0 � J I3 f 1►1-1 3l'cock)* a,8'ct t4cr .D 5 �.. - i , , r. . _. ..I. . /.: i I 14-ffl.F23 '1?Zii1--1.1 _24_-5 - • ' k' "wS' - ----` I� --- - --- _---- - - - ,5 ;LI 1 � , �1 ►� 3_It _ �+2 3.0 .E ,- I . 16 ' ) tt,Z i' Ili I vNi I ,• ,1' I' ` . + 4°�__S_4._.D�'�QQ.__(•//'��L_ ¢t -'l� IIiI-X_- o • 1 -- -1: ,;-. - ' - , _;,. ,7O 1_�.__I I,O11 i 1 A I_Iyr O. IN I __�L:__ _ '_.__._-._•__ ,\ • y _ _ ______ _ '__•'-It, 18 i 1 I) i 11; Pt l y) w ; I ,. i eik•I M i 1 `— I- I ,: l I i .., i' O II ., 2l)/ I v,S8 b c � I � • ;_; 2,C 1 l l I l 11111('./ 1 $/d rt : y� _.— , ._ �; i -`? 5 ;��y 'g / O 1 T, z3/( 'lflpll,�lt7`f� I(�,1- A -fi I % 1 - L/J i Y.m `► s'i i gic q �,,��� Zi- 25�(T ►L16,.cd:4',, 7 c;ek p , -'__,I_ , ..1 ,1 �. // i. 1/'- i i , ."' 28/�__ff 1 l�jl ' II y,� i3. A i • I _(/ i t 1 i _r.., , I ' 4r - -• • 27USi3rtlrIylfI O,fo' i-V � , 1 b I ! 1e ; --- ' 11 - ' -- - - - I •;• i S .„ a, - . --- 29442ij►3/_I_l3'8_s9• i1°." + . P ' 3 • Y, , 5,217.5- s I i ,31Jg 'JIl1._'6113. ` 7.., • • 1 33C6 . i/L?/Ye:lo'/..r�i.T, 6_ , • • .r• .f. "I cVrT: : , �i •. �'` ice, 35� i • i _-I 39 i 1 (Y i //' uMC 1 p 39 i 40 i � i . 42 I 41 — c � 45 _- As; / Ide/ s f5ti:rli>ti� 4B :_ • _ a. .. _• td3.— (tl,w1,. 4t141.14. . . 49 50 : • A-AXIS(WIOTM)-,--_------------------------------,------------------------- vl TOTALS 11 • (Draw a picture of lac(hell!tensest.showing Ina pent locations for future reference.Include a north arrow 4 distinctive feature:for context) L,�Ge-StS: MC-A(zed a -5 - 226 f A•fs7-�Y� JJ-- µ313//- �al:,,.•Q- 1-rt•Pv1 LA,,,,, - zz./A wPr 4✓L U, Tric..� �1^Sflc - >c` 14.(1,-,') 1.4 t<F„)- 1/a QRt Cal— +rb -z- II ' -' ,• 1 , - .. 14.11/P.MN9N.f,', 9.Nt!NP: - - 517.ffilMI,F;;;;TWX'S.rgiltAiiTZ:41 ....,..< Al.ii.'aWiref:Faqatiig:?;,',..'?::::1,:.:JarMi'VlargrOigiMaTiggirgaSETARITIAMENilia,',77.4:04-fi;,;11;14WRZWRFOINO NAME.-2 \ ..N. 1-. u UM No'. 2...),....11.1S-3-0.15 TRANSECT DIMENSIONS: (0 ft.width X IS.--..ft.length TRANSECT No. '7,--- w 0', MONITORING EVENT 15+ •Skt^e' Lc. OBSERVER Z'AC_ t SG.G.- • • DATE 57z.t(0 ei rega,r. ..-1.-:.^.AalglaM•34: •.,..0.,".;.A.M5".".! :::X•',:it.V.%WhAtOlie4,5.‘Oile. ;- :. '..", 0,1i''':... g14;M: '.:',•..:•.4eY44:41-,Aii,l'k.,1,-'4%S.V. f.,:$,''. .0.,e,Prag.':,...;;?.`70az,g(!;.:4..'5.:.,,.ek'AO.. .W.11,`Mialf7 .0..'lataX":0:v...::-:,''.'.K'f'2;:;.4?..Vg-3;:i.;:r•g;1•Atig GENERAL INFORMATION BASELINE EVENT THIS MONITORING EVENT CHNG FROM BASELINE Symbol' Common Name Scientific Name Quantity2 %Cover' Cover Type° I/V/E/N° Quantity %Cover Cover Type %Survival° %Cover Al.‘,-,.,..4• 12-,10,-., 1,-)/,' "'525 T E 4.)/A 2 c...1- . Pi,,F,.., ,.., I.,ii.e......,142.,..,-,„„ t-y.,,a, S.9...-5"." 1 N/A Lfo'7, T NA 3 '5 r -.. ..v,,Q,,..— Iv— (7Q, c...".s.-Paro,I 1 e d.3 5-6 ::-.I: 1 0 S 4 VA0 IN4,..1,_01--,v,,,t- P(A,L,W vIAA s ts,‘ i/ 3- ' 5 in ---2: 4 L.. 5 9 F -7,,,,.)(,•-•5 -c',- Re-Lao`>LL?4,.._ 1,1"altS-XL:t? ....3 2 ./ . .L, .2-- 0:5 - o % 3(,, c,% N f-. Q,:r.44,-A 12.,,,1 d- F...ley....... Ir/1.>k+IN.v.,....- / 3- ..1 7 6 el OTc-6dln.n,z., yt,(At,.....!".....,4,,,F;1,,,,,- .. o.,3 s t -r - 2- a_ "3 V. 5 in /c>0 7, c:)., / 5A V N/A 0 5 il IV" o .-. 9 Z , 5 a 10 _ >. 8 1 1 0 12 13 14 15 TOTALS 0 6 .- ;S ..----. ,----- _g•• 144 % ---- 13 7, Ktrft":4111641ellr"4"-ii"jtt° ' 7ml"tlittattletetattelliF5244italnalfrw''''''''r allkiaitia Nr: Utt:V,M,Voliitae6 '',Eiikitiii , iklo ' iiiiiaritkUtOurVatts'at cc • o o . 57 z 5 .a. tz...--K*V.1:',',',w=e,4.7:44;f::•.-AV;-7/ '''''.....:,,,:f.;44.,.. .",;4N,4&f: ::4M•Viri.. ''"'"' -.'',44M,,,,`: . 42 "-.irigi*Ig,(151;•StWfiKa'1W" ' . -".:7,-;-7."7,— . .4'"--42,1*201catira'fiV.V.a.W}lic701411623aLSANYet,Mtiq UJ U. 3 S g 1V-4,4Z,..,srefiiift„WA,1=.0.; #0,4isgt--AcrP.',Valli,, i-,46,'•::',,tViMMI-IVS:P-2,=.4itilMgANAVS'',VOWNOR4V,M.'''''''0,5,1.egaitii1V.:5,7,gka:4=41.444-glaNtateiNfre"."7,7 ''' '"'"11,4ggiliONt.glakiltaciefiX1.-41M:•"-::::6,-.4:436,1PAlitri . ul t.) i; z t0e, I(.....iRv-el/vvklIc..1n, 4-1.1;) 1 c,c_ - ,r•-• . J . pK•;.,,•zotvisomikt..1.tga,w;t-o,i;oplitagio,ogel.g.vM41a0;MINg.9A4-itiVj!cEd..,„u„4..,•;;; ;;;;J..4ii4-iiii,q•ii';',041t444,144,4X4444.0WWW'Aggaiikikkg'F4,Vv:Mt,;•, • • '.- 'Wg•0::.:''MaktliiMirga ce NA\.) (--A)ee-aS '• 'K.7.,21 c....v1/4•Artryib,55 —15-4 c..tAr'v— . -r,.,.<.c.. ..,,,....,..+5 o_p I-4,...,4i re,..y.....,5,3-+-, s,....1-, 10 m..0 NA/ C.re.a.IV U.. rC.,,i0, ui - . 4 1.....-b ra13-k-rt-. C 1.e.," -K.,.... 1% c....5v.v- o • - Ii TuLt)-lAte..02J 1 re...vvt.Av- si . . • . -- T.C . MEASUREMENTS , BELT TRANSECT SCHEMATIC ` TOTALS 1 1 I I ! j • , 1 1 Plant ` I....._!......�.. .1.- , ; { Y-AXIS(length) X-AXIS(width) - . _,._.._.._._.._-'.._-_ .. .1.... _ :.. Symbol Y-Axis X-axis AREA i 1 i --..�.......... ..1..... .__,..._ . ' ._{_._... _ ... ._..!_... t .. I' I ,, 1 ii ! 'say1.131 ' , , 1 1' 1 - i II 1 n y, 1 1 _ F-. { ' ! . ; ..I 'L .P. ,,p yet}; -'- 2/'Io !p.l�-'. l. o!3..� p 3"' ' 1 i . ... ! i ! 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I I (Drawn picture of t a belt 4emx,.sfax/na the plant loulcns for futue reference.Include a north arrow end 6stinetiw features for contest)71{ �-c.j- 11-e�e 1-Oi-a( )1a.rb eon- 8''G 1,e.2 y!`euwt ',,',n 1'.aJ`� 2m'(A �Lr '� t� f �� L /R.�njt f (,O� K2'A)<_ or 5P.•- 165.4 (/DxCi�j Jalf$ 'Go4T'N tq Utl vGi �r>,SS, �'eIA S� 6�lrCl 1 2.yL6 �N �O jt•I S le,-,U7.� G rt Ufa R.c�fs l+ 1: J 1 l cc��1�Ilv, 3v F/t „� . _. - - ,------ , 1—' I , • - . • • • =III•,,,!ly,J;;!.9,PI‘fi.mi,7s,,,.9m.i,N,c,: . . - - mw.ii:.".27,a,,.:„.'"-az..npsistizazt:FAEeara-pgv;p::;%'.,J:,•,•;,:o.::a:-T;g;&:T.t;girzriego:.,z.z;:om„enfx:F,Y.y•A.vt.ramretrirgtp-,:g.tt-io;,-cwt•yo:magigr.':-L:.,...;.,..r..ixozzo.;•.;:p;447-4mq t; SEM No.9-1-i-T.it$m 3-0.5- TRANSECT DIMENSIONS:(C. ft.width X 2^<-ft.length TRANSECT No. w MONITORING EVENT I$4- airtr" o . • If. OBSERVER gx 4.$<...c., DATE c;CIOei "1 ','''Z 1:';*ala:41>X'':':*;: l'AC,',, .. 1*IgalE:4411.'!:4'•:•:: •••••••••4W44'•?:"Y-'''• ''•.'-21.,•-"•• ••:(':•.' -..:••:%'''':•.`''''•4",.7•'.4.e4''''''';• ••••ZtVZ•4'.3M•Y •?•••••'''':177)'z•'•<::-••,,..•=tw','!•:Viete41;4;;,i.,./.•.,^z•o;;•:,•?!M•N••:1•;;Z ,Mtqi:gx‘.•:::""•,• 7.;;;` >,.. ...444.ZS.M...;,.%:;i:,21 GENERAL INFORMATION BASELINE EVENT THIS MONITORING EVENT CHNG FROM BASELINE Symbol' Common Name Scientific Name Quantity' %cover' cover Type IMEINs Quantity %Cover cover Typo %Survival' %Cover 1 At At..c...s.-4 -e.c2, AIA•vi '1 ,r7.-,_ . N/A ...- -r c`-VA 14 7,, 1- tuAd. 2 ..._t (--, (-1-=,,,,,,,,,,,A.--kr-°--°-- P.1,. ....1,5 lo..15,,,.rfiv7,-. i-q.,.4 i. / T a 1,..)43. :2)la 1.- I`)/A . 3 Q en 0 t-,-1,1,‘64.17nA2,2, A/I I.-Loll;... al v)'13(Cd.k., 3 0,7- '5 1-, :C. Li I. 8 5-Gx 00'76 1.- . u, vtA.a 4 iikk/o...LA- O.-NIL. -14t11.661065 1„0,,Asi1 8 (0,3 1`t, i .i.1- 34 w Z. Cit.I 5 1-, - 'C?. II i pi tio c., ej• 6 ik)tZ• Q(541,_,-- '( --s% -12.Y5 p..--A-L4.,e, 9 6,1 -St, .... ." 4 , 1,Z _5 4. t 004 ...., 7 A S . A k.stAy--5.1 I lye.) kivvv5 11-2.,/0 i-o,.... ij/IN e71 S A V WA , z 8 8 . . I- 9 Z - n . - ly, 10 _ O 11 0 12 13 14 15 TOTALS L.-Z.-- -It 'Y -------' ------- --2- l St./ --- !/,$isroy4s-10.1-01.00.!.44.,4,;#10.#giF,,,,-, irt"Atiit.:!,ksts,#,Stiiag ,,,,:ly,ti, o/Afffikkili#WS#1,04#01;egipInts4stre:oatciila Ions it*,1,51CCtitt T"p'4 wtto ktrA0:14*0 0 r.'',0!*.i,,,, ,,,.i„;.br . 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Tcot1/45) Tr ,i.re.4, Mea C.NAe'‘rsC1 1 1P4S, 1.- o . e,t-f.. e.-.A.,-...r- ei.....14) '''',/(A)- (A9-ea t-T.AAA-v•Nael. . i • . .. , • . . • . . 3 MEASUREMENTS F. I BELT TRANSECT SCHEMATIC IP: Plant - TO.TALS II 1! 1 ' 1 1 1! il _k.g smolY-AXIS(length) XAXIS(width) I -I ..1 .1 -J. .1. , _ y y_Axis x AREA1 - j.. .4,-, ! ! ..1 1.• -kil A.1 6.G_I,.._P._1°)/.''_.1..F.17,57' & ili. ,1 iiiii I 11 I ...I.- !I •-.4. 1 4- ! ' -1 ! III i .1.- : • -.Is., i i • V 1 ..1 1 I I i 1. I 1 I . i 1 . 1 I i , I I I ••:, A 2mt, .1 v. 4lip iptif I/11511 5- 1.,, ', i i : .1 , •1 1 - 1 •r i - 1 i I I 1 iii ' I , -1 , , , : , , , • 3(Z. l 'Ell E 111111 1 45 1 1 ', A 5 0 ilei I'.itro"la:4. if.-1. . _ . . , . . , , • 4 'MO 161" 1-r i to!... L ! ; 1 I I 1 1 .1 . 1 * . 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TOTALS . , 1 i ,,. (Of ew a Octet.DM?bell transact showing the plant locations for More reference.Inclotle e north anew and distrective features for context) -1. I , fletz42-4vir;liP-- 7--c'-6 c4,5.-,4, -1-114-G--,---k•,--,,,... Tpkvd....01 0 --1-;,-.2. 14 rio --"rt.S1, ID hi 4.,1 7,_ ..LC.- ' c.10,-tr• -tr.C,C 4... 11V,A1V‘‘'°...t''...(.e C.-r".1-4.13 i......, k cr,L---) b._-141,,lo, g -4 12.c.6-,-tre,.(•-.. b4 R.)24 riL. P15. 7'=, =Ili§,11f1,..N.r:19.N.O.Y,SPRM19: - -r.:4;ii: 27,e,WW,7.Effigitr:',,,.,ICZ::igz-t'.:','•'?:'fg..4;ii;.W.4...P. ;;am•MQ,'';52'Zi'Ln10,-TAEF,.fF(r,;,,T-;T;'gftIMe.ne,FI.1!•?iKilgII.K5.235ZiiP,AIR.S.37•5•R•gt : , ",..,,,,--gift :cfci;,, '''''"; '543 NAME f.,.1...e,-,... l .a S&W No.e2.1-1",-Li' /-.b..5-. TRANSECT DIMENSIONS: kic ft.width X frdo,ft.length TRANSECT No. w • MONITORING EVENT'Cit-kr' If. OBSERVER DATE GENERAL INFORMATION BASELINE EVENT THIS MONITORING EVENT CHNG FROM BASELINE Symbol' Common Name Scientific Name Quantity' %Cover' Cover Type IN -/E/Ns Quantity %Cover Cover Type %Survive %Cover 57-14-- 114(411.bvt;k1".gi(uo, 3 c),'2- tin 3 0; g Y. 2 IA"-(3 iikk-V,4.-....--0\relae-fr-• FA.100=6-ph,4 le.kAss;i 6, 3-'5 S ii ..Z (0 . i '4% . 5/, 3 -1 f' -Li,..3.1,vv-, N't\A--, 0...zy,i....re,, co-4.5,-Ert.",1,) -1 0,2. k _ g CD. % • E1 122'5 A. VI Vii,..41/‘" 74 c?z?..... 5 L, -.-2.: if c).'4 % 5 t-, foo.4 6, 5 t-)5 . (,,7\lUr....) -10..„01,-.0 S,...t..9%. 4•>,? A-VA 674 t 5 6 V IVA C,O. I '4 54 g5 6 I-01r f,,1 I bw- 4,--.2_,._ ' ..-,1*K S, -.\ca &)/-is.. t-tg.1 .-7- '-'/A 3 o z < 7 I- - ,-- - Z . - - n 8 O - 0 I- 9 z 5 2. 10 >- 8• ,1 • ,2 13 . . 14 . . 15 TOTALS , ,. , 7-'2— -.--.-----.. . . 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DATE 571hat 1 • '6.54§or:4)01.ft,,.*"" .41...i',4',70. .,...':.::..-::•., ,',1,:xvi.-3m-s:, ... .c....feimactwatcvae. 5•::,'zi .. ..,'',,,,:f-.*A.v.iata,*4 .',4;',5'6.chv:4,,:?}e,;:,;.',,,,,z-i,,,,:dri,61,:to.ipx;,;-34.-„ow.,-&-; '.''-:•-=',1t,:iol•,-.:....-..,. .. .owiwAT:A..A.:,....:-:$4,o4:.:..„ .,:4,4.1wor,t1; GENERAL INFORMATION BASELINE EVENT THIS MONITORING EVENT CHNG FROM BASELINE - Symbol' Common Name Scientific Name Quantity2 %Cove? Cover Type° I/V/E/N5 Quantity %Cover Cover Type %Survival' %Cover - 1 pla" ck.ve.,\65 ....",r, PS4 vA,i'Wcy,.. 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Attachment to and part of Report 21-1-12193-005 Geotechnical and Environmental Consultants Date: July 30,2009 IMir To: Mr.Tom Foster i Fourth Avenue Associates,LLC p { IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION a ' AND/OR STREAM CLASSIFICATION REPORT A WETLAND/STREAM REPORT IS BASED ON PROJECT-SPECIFIC FACTORS. Wetland delineation/mitigation and stream classification reports are based on a unique set of project-specific factors. These typically include the general nature of the project and property involved,its size, and its configuration;historical use and practice;the location of the project on the site and its orientation; and the level of additional risk the client assumed by virtue of limitations imposed upon the exploratory program. The jurisdiction of any particular wetland/stream is determined by the regulatory authority(s) issuing the permit(s). As a result, one or more agencies will have jurisdiction over a particular wetland or stream with sometimes confusing regulations. It is necessary to involve a consultant who understands which agency(s)has jurisdiction,over a particular wetland/stream and what the agency(s)permitting requirements are for that wetland/stream. To help reduce or avoid potential costly problems, have the consultant determine how any factors or regulations(which can change subsequent to the report)may affect the recommendations. Unless your consultant indicates otherwise,your report should not be used: ► If the size or configuration of the proposed project is altered. ► If the location or orientation of the proposed project is modified. ► If there is a change of ownership. ► For application to an adjacent site. ' ► For construction at an adjacent site or on site. ► Following floods,earthquakes,or other acts of nature. Wetland/stream consultants cannot accept responsibility for problems that may develop if they are not consulted after factors considered in their reports have changed. Therefore,it is incumbent upon you to notify your consultant of any factors that may have changed prior to submission of our final report. Wetland boundaries identified and stream classifications made by Shannon&Wilson are considered preliminary until validated by the U.S.!Army Corps of Engineers (Corps)and/or the local jurisdictional agency. Validation by the regulating agency(s) provides a certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(s) until a specified date, or until the regulations are modified, and that the stream has been properly classified. Only the regulating agency(s) can provide this certification. MOST WETLAND/STREAM "FINDINGS"ARE PROFESSIONAL ESTIMATES. __ Site exploration identifies wetland/stream conditions at only those points where samples are taken and when they are taken, but the physical means of obtaining data preclude the determination of precise conditions. Consequently,the information obtained is intended — to be sufficiently accurate for design, but is subject to interpretation. Additionally, data derived through sampling and subsequent laboratory testing are extrapolated by the consultant who then renders an opinion about overall conditions, the likely reaction to proposed construction activity, and/or appropriate design. Even under optimal circumstances, actual conditions may differ from those thought to exist because no consultant, no matter how qualified, and no exploration program, no matter how comprehensive, can reveal what is hidden by earth,rock,and time. Nothing can be done to prevent the unanticipated,but steps can be taken to help reduce i._ their',impacts. For this reason,most experienced owners retain their consultants through the construction or wetland mitigation/stream classification stage to identify variances, to conduct additional evaluations that may be needed, and to recommend solutions to problems encountered on site. Page 1 of 2 1/2009 WETLAND/STREAM CONDITIONS CAN CHANGE. Since natural systems are dynamic systems affected by both natural processes and human activities, changes in wetland boundaries -- and stream conditions may be expected. Therefore, delineated wetland boundaries and stream classifications cannot remain valid for an indefinite period of time. The Corps typically recognizes the validity of wetland delineations for a period of five years after completion. Some city and county agencies recognize the validity of wetland delineations for a period of two years. If a period of years have passed since the wetland/stream report was completed, the owner is advised to have the consultant reexamine the wetland/stream to determine if the classification is still accurate. Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or water fluctuations may also affect — conditions and,thus,the continuing adequacy of the wetland/stream report. The consultant should be kept apprised of any such events and should be consulted to determine if additional evaluation is necessary. THE WETLAND/STREAM REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when plans are developed based on misinterpretation of a wetland/stream report. To help avoid these problems, the consultant should be retained to work with other appropriate professionals to explain relevant wetland, stream, geological,and other findings,and to review the adequacy of plans and specifications relative to these issues. DATA FORMS SHOULD NOT BE SEPARATED FROM THE REPORT. Final data forms are developed by the consultant based on interpretation of field sheets (assembled by site personnel) and laboratory evaluation of field samples. Only final data forms customarily are included in a report. These data forms should not, under any circumstances, be drawn for inclusion in other drawings because drafters may commit errors or omissions in the transfer process. Although photographic reproduction eliminates this problem, it does nothing to reduce the possibility of misinterpreting the forms. When this occurs,delays,disputes,and unanticipated costs are frequently the result. To reduce the likelihood of data form misinterpretation, contractors, engineers, and planners should be given ready access to the complete report. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of information always insulates them from attendant liability. Providing the best available information to contractors, engineers, and planners helps prevent costly problems and the adversarial attitudes that aggravate them to a disproportionate scale. READ RESPONSIBILITY CLAUSES CLOSELY. Because a wetland delineation/stream classification is based extensively on judgment and opinion,it is far less exact than other design disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in written transmittals. These are not exculpatory clauses designed to foist the consultant's liabilities onto someone else; rather, they are definitive clauses that identify where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual responsibilities and take appropriate action. Some of these _ definitive clauses are likely to appear in your report, and you are encouraged to read them closely. Your consultant will be pleased to give full and frank answers to your questions. ,_--, THERE MAY BE OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consultant will be pleased to discuss other techniques or designs that can be employed to mitigate the risk of delays and to provide a variety of alternatives that may be beneficial to your project. Contact your consultant for further information. Page 2 of 2 1/2009 CENTRE E / w .\ , Consultants, Inc., P.S. Carrie Olson December 10,2008 City of Renton 1055 South Grady Way Renton,Washington 98055 RE: The Final Short Plat Submittal of the Ribera-Balko Short Plat LUA-02-129. Comments provided by Carrie Olson on December 1,2008. Dear Carrie, Enclosed,please fmd a response to the above listed comments; 1. The project engineer Dayrule Off,PE is handling Arneta Henninger's review comments. 2.A copy of Stewart Title Company Commitment document was previously submitted,we have included 3 copies with this submittal,and will provide an updated Title Report prior to approval of the short plat. 3. The note for CC&R's has been removed. The"New Private Easement for Drainage Pond and Access Agreement"will remain in place on the mylar. 4.The two grammar errors were corrected on Page 1 of 2 of the short plat. 5.The text in the bottom 1"margins of the Deed of Dedication,has been removed. 7.An original,revised, signed and notarized Deed Document to be signed by the Mayor, is included.All changes have been made and document has been signed by the surveyor. 8.All utility easement documents now show the Project File number on them. 9. The legal descriptions for the 15' Waterline Easement have been modified to exclude"Parcel B". 10.The 20' Drainage Pond Access Easement has been noted as a private easement,please see the "New Private Easement for Drainage Pond and Access Agreement"note on sheet 1 of 2 for easement details. 11. Spaces have been provided for the Public Water Easement, and Road Dedication documents for the recording numbers to be added to the mylars at recording. Should you have any questions or comments,please feel free to contact me. Sincerely, tephen H.Woods,PLS 206 Railroad Ave. N. • Kent, Washington 98032 • Phone: 253.813.1901 • Fax: 253.813.1908 Not Renton , 04\ Title: SHORT PLAT, RIBERA-BALKO ENTERPRISES/NE 4TH ST 2009 (ALL CAPS) Effecti 11/7/2002 Scheduled ve Destruction Date: Date: Narrat • 11/7/2002 -Application by Tim O'Kane (Insignia Kidder Mathews) on behalf of ive: Ribera-Balko Enterprises (contact: Dan Balmelli, Barghausen Consulting Engineers), owners, for an Environmental (SEPA) Review, and a Variance from the Critical Areas Regulations to culvert a portion of a regulated street and create three lots located at 4225 NE 4th St, known as the Ribera-Balko Short Plat. • PID: 5821100020 • 12/5/2002 - Administrative approval, with conditions Keyes • LUA-02-129 (SEE SHP) ords: • SHP-02-129 CAPS) • OKANE TIM 2002 • RIBERA BALKO ENTERPRISES SHORT PLAT 2002 • 4225 NE 4TH ST 2002 • INSIGNIA KIDDER MATHEWS 2002 • BALMELLI DAN 2002 • BARGHAUSEN CONSULTING ENGINEERS 2002 Locati BANK: 3 Category: on: Index Template 4/10/2009 ACCESS DEVELOPMENT AGREEMENT THIS AGREEMENT(this "Agreement") is made this eday 2004, by and between Ribera-Balko Enterprises Family Limited Partnership, a Washington limited partnership, ("Ribera-Balko") and United States Postal Service ("USPS"), an independent establishment of the Executive Branch of the United States Government, with reference to the following facts: RECITALS A. Ribera-Balko is the owner of certain real property located in the City of Renton, King County, Washington described in the attached Exhibit A ("Ribera-Balko Property"). B. USPS is the owner of certain real property in the City of Renton, King County, Washington, described in the attached Exhibit B ("USPS Property"). C. Ribera-Balko seeks approval of a short plat application from the City of Renton ("the City"). The short plat application is known as LUA-02-129 ("the Short Plat Application"). The City has placed a condition on the granting of the Short Plat Application that Ribera-Balko construct certain off-site improvements as depicted in the plans of the Short Plat Application. The improvements require reconfiguration of access and parking and installation of a gate on the USPS Property. D. A second condition imposed by the City on the Short Plat Application is that Ribera- Balko enter into an easement agreement with USPS that will create a joint access route providing vehicular access to the parties' respective properties as depicted in the plans of the Short Plat Application. The easement would be located entirely upon the Ribera-Balko Property. E. USPS has agreed to allow the closing of its existing access as required by the City on the condition that Grantor construct certain improvements on the USPS Property and grant the easement as set forth herein. Ribera-Balko desires to perform the work and grant the easement in order to obtain approval of the Short Plat Application. AGREEMENTS NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in this Agreement by this reference. 2. Offsite Improvements. Ribera-Balko agrees to construct, at its sole cost and expense, all offsite improvements located on the USPS Property as required by the final approved plans of the Short Plat Application. The improvements to the USPS Property include installation of a new curb cut on the west side of the USPS Property, elimination of three existing parking spaces, closing of the existing access point on the north side of the USPS Property, and 216959/120203 1751/71570001 Page 1 1 / 5 /DS �,i5 )160( a paving and striping two new parking spaces in that location. Attached as Exhibit C is a portion of the plans showing the improvements to be made to the USPS Property parking lot. In addition, Ribera-Balko shall construct, at its sole cost and expense, an automatic gate on the USPS Property in accordance with the plans attached hereto as Exhibit D and the specifications attached hereto as Exhibit E. All of the improvements described in this paragraph shall hereinafter be referred to as the "USPS Property Improvements." Upon completion and acceptance by USPS of the USPS Property Improvements, they shall become the property of USPS, and USPS shall bear 100 percent of all repair, maintenance, and replacement costs with respect thereto. 3. Permission to Enter and Construct/Temporary Construction Easement. USPS hereby gives Ribera-Balko permission to enter the USPS Property and to construct the improvements identified in Section 2 of this Agreement. USPS further grants Ribera-Balko a temporary construction easement over, under, and across the USPS Property for the purpose of construction of the USPS Property Improvements. This permission and temporary easement shall terminate upon completion and acceptance by USPS of the USPS Property Improvements. 4. Use of Diligence. Ribera-Balko agrees that it will pursue the construction and installation on the USPS property with diligence and that it will not unreasonably interfere with or disrupt USPS activities or use of the property. Ribera-Balko agrees to maintain continual and uninterrupted access to the Postal facility for the USPS, its employees, customers, and the public throughout the duration of the Temporary Construction Easement. In the event Ribera-Balko fails to provide continual and uninterrupted access to the Postal Facility, the Postal Service may, at its option, immediately terminate the Temporary Construction Easement by providing written notice to the Ribera-Balko. Upon receipt of said notice, Ribera-Balko has one (1) business day to remedy the situation. In the event Ribera-Balko fails to provide access to the Postal Facility within the one day, said notice of termination shall become final and the Temporary Construction Easement is terminated. 5. Conduct While On USPS Property. Ribera-Balko, for itself, its employees, agents and contractors, agrees to ensure that it, its employees, agents and contractors will comply with the "Rules and Regulations Governing Conduct on Postal Property", a copy of which is attached to this agreement as Exhibit F. 6. Assignment and Limitation of Warranties. Ribera-Balko hereby assigns to USPS all contractor and supplier warranties and rights and claims for repair, correction, or otherwise following completion and acceptance by USPS of the USPS Property Improvements. Upon completion and acceptance of the USPS Property Improvements by USPS, Ribera-Balko shall make no warranty for the USPS Property Improvements and, as to Ribera-Balko (and not the contractors and suppliers), such improvements shall be delivered and conveyed to USPS AS IS WITHOUT WARRANTY EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Grant of Easement. Ribera-Balko and USPS shall enter into the Access Easement Agreement in the form of Exhibit G hereto. 216959/120203 1751/71570001 Page 2 8. Condition. The effectiveness of this Agreement and the rights granted herein are expressly conditioned upon the approval by the City of the Short Plat Application and recordation thereof by Ribera-Balko within 12 months of the execution of this Agreement or such additional time as may be agreed to in writing by the parties. If the City does not approve said application or Ribera-Balko does not record it within said time or extended time, then this Agreement shall be null and void. 9. Binding on Successors and Assigns. The rights and obligations of this Agreement are binding upon and inure to the benefit of the parties and their respective successors and ' assigns. 10. Enforcement. In the event of a breach of any of the covenants or agreements contained herein, in addition to damages, each party shall have the right to specific performance, injunction and such other equitable relief as maybe appropriate to remedy any violation or threatened violation of this Agreement. 11. Amendment. The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of the parties. 12. Consents. Wherever in this Agreement the consent or approval of a party is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. 13. No Waiver. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 14. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 15. Time is of the Essence. Time is of the essence of this Agreement. 16. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 17. Notices. Notices or other communications hereunder shall be in writing and shall be sent via certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party may change from time to time its respective address for notice 216959/120203 1751/71570001 Page 3 hereunder by like notice to the other party. The parties' initial notice addresses are as follows: Grantor: Ribera-Balko Enterprises 16400 Southcenter Parkway, # 308 Seattle, WA 98188 Attention: Diana Ribera Grantee: Western Facilities Service Office United States Postal Service 8055 E. Tufts Ave., Suite 400 Denver, CO 80237-2881 Attention: Candace Kinne 18. Governing Law. This agreement shall be governed by federal law and, to the extent not inconsistent therewith, the laws of the State of Washington. 19. Severability. Each provision of this Agreement and the application thereof is hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable, such holding shall not affect the validity or enforceability of the remainder of this Agreement. 20. Authority. The undersigned certify and warrant that they are fully authorized to enter into this Agreement and to bind said party if executing in a representative capacity, including that USPS has obtained any and all administrative and/or legislative approval necessary to bind USPS as a branch of the United States Government. DATED this ! Q day oft y , 2004. 1 RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP, a Washington limited partnership By ...-e-a- ` ' • Tana Ribera Its General Partner UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the United States Government By �r�c64444/1 , Its e NQ ���c.� 216959/120203 1751/71570001 Page 4 EXHIBIT A Ribera-Balko Property Parcel A of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005,records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. 210373/012004 0936/71510001 EXHIBIT B United States Postal Service Property Parcel B of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005,records of King County,Washington. Situate in the City of Renton, County of King, State of Washington. • 210374/012004 0936/71510001 • • PRIVATE ACCESS ROAD IMPRO\I NW 1/4 OF NW 1/4 OF SECTION 15, TOWNSHIP 23 NOR1 ..,. 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I Z xt •• • •..r----1`JKCAETC:OPAL 1.GTE;Na.10 WON MICE FAri4 wil3v OE WTCx110 POST CAPS WI=REQUIRED C Li "�I 1 MORx C066S OW PRMOC VEEO SIW•/MIW TO WMbOI t•FWD KMO:a0P011 -C. 0_ h � �� •'•TO):/•mac • Or GTE MD PAW. _ ( +i`—_6.OK •_—PLATE t140E0 A.r aWc IIEOJIII(YCMfS ro W:CN cox\LIlA FENCE)A67 F SEE:RS C1-1-A• 12 _U 0 • z 3 N'•5 <P3> POWER CAT OETA:: v.•-f-L• architect/ i0* engineer - • • Larry Koitoen:1 ALT,R3A-E)o:6 IL7 LrES C•- I_ sAa:oW:E--� _ date �� C.AP'AALI OAKLQN7 1-E3-2303 I P 1 LIMESSTAIL IMBED WaE CCKSLSOKO Of 11'; O 1 mu\w�2 nrs�" F1C1 revisions 1L P *TOA♦IOW M60S SPACED S•awn 0:Cf..": ..• ' �. C WOE 71 S A•EACH SOE G. POST I i~ a (SPACED r-o'WHL SETRWI POSTS) TM, • �D-: COILED SVa.Y.»EWF'OxpxO 1Exsax r!p: L\ 1 I `MA-HRAJC coma I. fENCI�4BRC.OS;ALL TO WT141::•LAY I 3 CE,1N6$0 CRNC.T1'j. 1 L i 1 - ct6D"N WaE AT `) S•T-0 CROUKD caNDL•jT CETFIi, _ Too OP FENCE PN60; • ��AA7Yy t• 1•-0• I r) sheet title is-, H SAOLf aTE,SAw�) •\• •i•- — I uL�s'sa• •14 3o you PLC. I I I • AkCIL O.\_. F 4 I • t OcTAtES i LC fo4ca°axEs""s ,I S , X :106. SE: I 73,,,m Arc =— I SO:TOt,vu I a 1 AT OWN7i .s ., ! O 1 Mr }' NMCRET iAY -�� SI sheet T.CO TC•SGUARD VatER 'e USED VI A'l:9tCK P6S1Elx A7 GATES APO 0-NW • • i :/i I. CCNFTMJ.S tfNEAE e�e-.r TO AYCO NTVLHNCE. / W .0 li ? 4 rENCF DETAiL IrL i �,i Ili • RENTON HIGHLANDS S' "ION - POWER OPERATED GATE 9/30/2003: 12:55 PM SECTION 02821 LOCATION: 4301 N.E.4th Street Renton, Wa. 98059-9998 EXTENT OF WORK: Provide all labor, equipment, transportation, design, and materials for a fully functional power operated gate and associated security fencing. COORDINATION: Schedule and coordinate all work with facility manager. SITE VISIT: Contractor shall inspect sites and ascertain existing conditions, and work required prior to submitting a bid price. OWNED BY USPS ? YES MATERIALS: Materials shall be commercially available products by reputable manufacturers, acceptable to the Contracting Officer, or his representative. PERMITS: Not required HAZARDOUS MATERIALS: Contractor shall obtain approval for the use and application of all hazardous liquid or gaseous producing materials prior to beginning construction. MSD sheets must be submitted to and approved by the U.S.P.S.. All hazardous liquid materials used during construction shall be removed from the site. SAFETY: Follow all standard trade safety practices. Adhere to OSHA standards. CODES; The following construction standards shall be followed: Uniform Building Code National Electric Code OSHA • • • EXHIBIT E 1 RENTON HIGHLANDS :TION - POWER OPERATED GATE 9/30/2003: 12:55 PM SECTION 02821 • SCOPE OF WORK 1. Refer to these specifications pages 1 —6 and attached detail drawings • Al —A2. 2. Visit the site to ascertain existing conditions. Contact facility manager, Kevin Chamberlin (425.2276304)to arrange visit. 3. Provide MSD sheets and safety plan (site specific for this project)to the U.S. Postal Service Administrative Services Office (Attn: Larry Kolloen, Architect/Engineer)for approval prior to beginning work. Provide diagram of gate configuration and product data for gate and fence to the U.S. Postal Service for approval prior to beginning work. • 4. Contact Postmaster/Station Manager to arrange a pre-construction meeting.The purpose of this meeting will be to coordinate and schedule all work so that postal operations are not disrupted. Any changes in the schedule must be approved in advanced. 5. Verify location of all underground utilities before excavating. 6. Restore existing conditions disturbed during the execution of this work. Remove all construction debris from•site. 7. Remove the existing manual gate and portion of fencing and dispose off site. 8. Reconfigure fencing to separate existing transformer from customer parking lot. Provide manual gate to access transformer. 9. Install new power operated sliding gate, associated fencing, opening/closing controls • attached drawings. 10. Contact U.S. Postal Servic9.Architect/Engineer to.arrange a final inspection. 11. Submit the following to Larry Kolloen, Architect Engineer, after the final inspection: a) Signed verification from on-site-contact verifying the amount of work completed b) Completed payment request(4211-B) c) Certified payroll forms d) Release form • • • RENTON HIGHLANDS S. .TION- POWER OPERATED GATE 9/30/2003: 12:55 PM • SECTION 02821 1.2 REFERENCES C. Chain Link Fence Manufacturer's Institute (CLFMI):. 1. CMFMI PM - Product Manual. 1.3 SUBMITTALS A. Section 01330-Submittal Procedures: Procedures for submittals. 1. Product Data: Submit product data for fabric, posts, accessories, fittings, and hardware. 1.4 QUALITY ASSURANCE A. Perform Work in accordance with CLFMI PM. SPECIFICATIONS 2.2 MATERIALS A. Conform to CLFMI Product Manual. B. Steel Framing: • 1. Type I: ASTM F 1083 Schedule 40, standard weight galvanized steel pipe, welded construction, minimum yield strength of 25 ksi; coating conforming to ASTM F 1043 Group IA on pipe exterior and interior. C. Fabric: ASTM A 392; [Type I: 1.2.ounce zinc] 9 gage (0.148 inch diameter) galvanized steel wire, 2 inch diamond mesh interwoven wire, top and bottom selvages knuckled or knuckled and twist. D. Barbed Wire: [ASTM A 121 galvanized steel]], 12-1/2 gage thick wire, 3 strands,4 points, at 5 inches on center. 2.3 COMPONENTS A. End, Corner, and Pull Posts: Minimum sizes and weights as follows: 1. Over 6 Foot to 13 Foot Fabric Height: a.Type I Posts: 2.875 inch outside diameter pipe, 5.79 pounds per lineal foot. . B. Line (Intermediate) Posts: Minimum sizes and weights as.follows 1. Over 6 Foot to 8 Foot Fabric Height: a. Type I Posts: Round; 2.375 inch outside diameter pipe, 3.65 pounds per lineal foot. 1 3 RENTON HIGHLANDS L. .TION - POWER OPERATED GATE 9/30/2003: 12:55 PM SECTION 02821 C. Bottom Rail and Intermediate Rails: Manufacturer's longest lengths. 1. Typical: a. Type I: Round; 1.66 inch outside diameter pipe, 2.27pounds per lineal foot. 2.4 ACCESSORIES A. Sleeves: Galvanized steel pipe with inside diameter not less than 1/2 inch greater than outside diameter of fence posts. Provide steel plate closure welded to bottom of sleeves of width and length not less than 1 inch greater than outside diameter of sleeve. 1. Up to 6 Foot Fabric Height: Provide sleeve not less than 12 inches long. 2. Over 6 Foot Fabric Height: Provide sleeve not less than 24 inches long. 3. Fabric Installed Tight to Roof Deck (Posts Braced to Roof Structure): Provide sleeve not less than 12 inches long. B. Tension Wire: 7 gage steel, metallic-coated coil spring wire, in accordance with ASTM A 824, located at the top of fence fabric. C. Wire Ties: 11 gage galvanized steel. D. Post Brace Assembly: Manufacturer's standard adjustable brace at end and gate posts and at both sides of corner and pull posts, with horizontal brace located at mid-height of fabric. Use same materials as top rail for brace, and truss to line posts with 0.375 inch diameter rod and adjustable tightener. E. Post Tops: Galvanized steel, weather tight closure cap for tubular posts, one cap for each post. Furnish cap with openings to permit passage of top rail. F. Stretcher Bars: Galvanized steel, one piece lengths equal to full height of fabric; with minimum cross section of 3/16 inch x 3/4 inch. Provide one stretcher bar for each gate and end post, one for each bottom rail, and two for each corner and pull post. G. Stretcher Bar Bands: Manufacturer's standard. H. Gate Cross-Bracing: 3/8 inch diameter galvanized steel adjustable length truss rods. I. Barbed Wire: 1. Barbed Wire Supporting Arms: Manufacturer's standard barbed wire supporting arms conforming to ASTM F 626, metal and finish to match fence framework,with provision for anchorage to posts and attaching three rows of barbed wire to each arm. Supporting arms may be either attached to posts or integral with post top weather cap and must be capable of withstanding 250 lb.downward pull at outermost end. Provide following type: a. Single vertical arm for three strands barbed wire,one for each post. b. Single 45-degree arm for three strands of barbed wire, one for each post. c. Vee-type with two arms at 45 degrees to vertical,one for each post. d. Inverted vee-type with two cross-braced arms at 45 degrees to vertical, one set for each post. 2. Steel Barbed Wire: Two strand 12-1/2 gage steel wire with 14-gage, 4-point barbs spaced not more than 5 inches on center; metallic coated to match fabric. a. Galvanized Steel Barbed Wire: Comply with ASTM A 121. b. Aluminum-Coated Steel Barbed Wire: Comply with ASTM A 85. 1 4 RENTON HIGHLANDS S. .=PION - POWER OPERATED GATE .." 9/30/2003: 12:55 PM • SECTION 02821 2.5 MIXES A. Concrete: Specified in Section 03300. B. Grout: Specified in Section 03300, premixed, factory-packaged, non-staining, non-corrosive grout. Provide type formulated for exterior application. 2.6 FINISHES A. Galvanize as follows: . • 1. Fabric: Not less than 1.2 oz zinc per square foot. 2. Framing: Not less than 1.8 oz zinc per square foot. 2.7 GATE OPERATORS A. Gate operators must conform to UL325, Standards for Safety. The operator must be tested by an independent testing laboratory such as UL or ETL and found to conform to these standards. C. General Operation 1. The operator must be designed for high-cycle applications and low maintenance. The operator shall be capable of actuating gates up to 50 feet in overall length. The gate operator must be able to operate gates up to 2,000 pounds at 1.5 feet per second (minimum speed). F. Electric Motor 1. The electric motor used in the gate operators must have a continuous-duty rating of two horsepower and shall be available in all voltages and phases to suit the installation requirements of the site. 2. The electric motors must have built-in overload protection and resettable with a sealed pushbutton reset. I. Electrical 1. To protect operating and maintenance personnel from injury during service or installation, a manual disconnect switch must be installed and fully wired into the main motor/control leads. 2. The control circuit voltage must operate at 24 volts AC. This power is to be supplied by a transformer which steps down the incoming voltage to the proper levels. The transformer is to be rated at 80VA.The transformer is to be pre-set with jumpers to accommodate many voltages to compensate for low voltage at the installation site. A jumper diagram must be located on the transformer, in sight of maintenance personnel, to confirm proper voltage levels and jumper installation. 2.8 INSTALLATION A. Install fence in accordance with ASTM F 567 and manufacturer's published instructions. B. Install gates in accordance with ASTM F 900 and manufacturer's published instructions. C. Space line posts 10 feet 0 inches on center maximum, unless otherwise indicated on Drawings. D. . Grade-set Posts: 1. Drill or hand excavate. • RENTON HIGHLANDS 5. `TION - POWER OPERATED GATE 9/30/2003: 12:55 PM • SECTION 02821 2. Excavate each post hole to 12 inch diameter, or not less than four times diameter of post. 3. Excavate approximately 3 inches lower than post bottom; set post bottom not less than 36 inches below finish grade. 4. Hold post in position while placing, consolidating, and finishing concrete. E. Sleeve-set Posts: Anchor posts in concrete by means of pipe sleeves preset and anchored into concrete. After posts have been inserted into sleeves, fill annular space between post and sleeve solid with grout, mixed and placed to manufacturer's recommendations. F. Rails: Run rail between post, bending smoothly for curved runs located at the bottom of the fence fabric. Provide expansion couplings as recommended by fencing manufacturer. H. Brace Assemblies: Install braces so posts are plumb with rod in tension. I. Tension Wire: Install tension wires through post cap loops before stretching fabric and tie to each post cap with not less than 6 gage galvanized wire. Fasten fabric to tension wire using 11 gage galvanized steel hog rings spaces 24 inches on center. J. Fabric: The fence fabric must be installed within 1-1/2 inches between finish grade and bottom selvage. Pull fabric taut and tie to posts, rails, and tension wires. Install fabric on security side of fence, and anchor to framework so fabric remains in tension after pulling force is released. K. Stretcher Bars: To secure end, corner, pull, and gate posts, thread through or clamp to fabric 4 inches on center and secure to posts with metal bands spaced 15 inches on center. L. Tie Wires: 1. Use U-shaped wire conforming with diameter of pipe to which attached, clasping pipe and fabric firmly with ends twisted two full turns. Bend wire ends to minimize hazards to persons or clothing. 2. Tie fabric to line posts with wire ties spaced 12 inches on center. Tie fabric to rails and braces with wire ties spaced 24 inches on center. Manufacturer's standard procedure will be accepted if of equal strength and durability. M. Fasteners: Install nuts for tension bands and hardware bolts on side of fence opposite fabric side. Peen ends of bolts or score threads to prevent removal of nuts. N. Gates: Install gates plumb, level, and secure for full opening without interference. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation. O. Barbed Wire: Pull wire taut and install securely to extension arms and secure to end post or terminal arms in accordance with manufacturer's Instructions. • END OF SECTION 6 • UNITED STATES a. UNITED SERVICES Rules and Regulations Governing Conduct on Postal Property Applicability Public Assembly and Public Address These rules and regulations apply to all real property under the charge and control of the Leafleting,distributing literature,picketing,and demonstrating by members of the public USPS,to all tenant agencies,and to all persons entering in or on such property.These are prohibited in lobbies and other interior areas open to the public.Public assembly and rues and regulations must be posted and kept posted at a conspicuous place on all such public address,except when conducted or sponsored by the USPS,are prohibited in property. lobbies and other interior areas open to the public. RI cording Presence Depositing Literature Except as otherwise ordered, properties must be closed to the public after normal Depositing orposting of handbills, flyers, pamphlets,signs,posters,placards,or other business hours.Properties also may be closed to the public in emergency situations and literature(except official postal and other governmental notices and announcements)on the at such limes as may be necessary for the orderly conduct of business.Admission to grounds,walks,driveways,parking and maneuvering areas,exteriors of buildings,and other properties when closed to the public may be limited to authorized individuals who may be structures,or on the floors,walls,stairs,racks,counters,desks,writing tables,window required to sign the register and display identification when requested by Security Force ledges,or furnishings in interior public areas on postal premises isprohibited.This does not apply to the following: personnel or other authorized individuals. a. Posting notices on employee bulletin boards as authorized by 39 CFR 243.2. General Restrictions b. Interior space assigned to tenants for their exclusive use. Preservation of Property Photographs for News,Advertising,or Commercial Purposes Uttering,spitting,creating any hazard to persons or things,throwing articles of any kind Photographs for news purposes may be taken In entrances,lobbies,foyers,corridors,or from a building,climbing upon the roof or any part of the building,or willfully destroying, auditoriums when used for public meetings except where prohibited by official signs or damaging,or removing any property or any part thereof is prohibited. Security Force personnel or other authorized personnel,or a Federal court order or rule. Conformity with Signs and Directions Other photographs may be taken only with the permission of the local postmaster or All persons in and on property shall comply with official signs of a prohibitory or directory installation head. nature, and with the directions of Security Force personnel or other authorized Dogs and Other Animals Individuals. Dogs and other animals(except those used to assist persons with disabilities)must not be Inspection brought onto postal property for other than official purposes. Purses,briefcases,and other containers brought into,while on,or being removed from Vehicular and Pedestrian Traffic the property are subject to inspection.However,items brought directly to a postal facility's Drivers of all vehicles in or on postal property must be in possession of a current and valid customer mailing acceptance area and deposited in the mail are not subject to driver's license and vehicle registration,and the vehicle mustdisplayall current and valid Inspection,except as provided by the Administrative Support Manual,section 274.A tags and licenses required by the jurisdiction in which it is registered.Drivers who have person arrested for violation of this section may be searched Incident to that arrest. had their privilege or license to drive suspended or revoked shall not drive any vehicle in or on property during such period of suspension or revocation. Vehicles and their contents brought into,while on,or being removed from restricted nonpublic areas are subject to inspection.Persons entering these areas who object and Drivers of all vehicles in or on postal premises shall drive in a careful and safe manner at refuse to consent to the inspection of the vehicle,its contents,or both,may be denied all times and must comply with signals and directions of Security Force personnel,other entry.After entering the area without objection,consent to inspection shall be implied.A authorized individuals,and all posted traffic signs. full search of the person and the vehicle driven or occupied by that person may Blocking of entrances,driveways,walks,loading platforms,or fire hydrants is prohibited. accompany an arrest. Parking without authority,parking in unauthorized locations or in reserved locations,or Specific Restrictions parking continuously in excess of 18'hours without permission,or contrary to the Disturbances direction of posted signs is prohibited.Supplemental specific traffic directives may be Disorderly conduct,or conduct which creates loud and unusual noise,or which obstructs issued by the postmaster or installation head.When issued and posted,such directives the usual use of entrances,foyers,corridors,offices,elevators,stairways,and parking shall have the same force and effect as if made a part hereof. lots, or which otherwise tends to impede or disturb the public employees in the Voter Registration performance of their duties,or which otherwise impedes or disturbs the general public in Voter registration may be conducted on postal property only with the approval of the transacting business or obtaining the services provided on postal property,is prohibited. postmaster or installation head.See 39 CFR 232.1(h)(4)for the conditions that apply to Gambling voter registration activities on postal property. Participating in games for money or other personal property,the operation of gambling Weapons and Explosives devices,the conduct of a lottery or pool,or the selling or purchasing of lottery tickets Is No person while on postal property may carry firearms,other dangerous or deadly prohibited on postal premises.This does not apply to state lottery tickets at vending weapons,or explosives,either openly or concealed,or store the same on postal property, facilities operated by licensed blind persons where such lotteries are authorized by state except for official purposes. law. Nondiscrimination Alcoholic Beverages,Drugs,and Smoking No person entering on postal property shall be subjected to discrimination on the basis of Anyone under the influence of alcohol or any drug which has been defined as a race,color,sex,religion,national origin,age(40 years of age or older),or disability 'controlled substance'may not enter postal property or operate a motor vehicle on postal (physical or mental)in using any of the services offered by the USPS. property.The possession,sale,or use of any'controlled substance'(except when permitted by law)or the sale or use of any alcoholic beverage(except as authorized by Penalties and Other Law the Postmaster General or designee) on postal premises is prohibited. The term Alleged violations of these rules and regulations are heard,and the penalties prescribed 'controlled substance'is defined in 21 U.S.C.802.Smoking is prohibited in all postal herein are imposed,either in a Federal District Court or by a Federal Magistrate in buildings and office space,including public lobbies. accordance with applicable court rules.Questions regarding such rules must be directed to the managing counsel for the office involved. Soliciting,Electioneering,Collecting Debts,Vending,and Advertising Soliciting alms and contributions,campaigning for election to any public office,collecting Individuals found guilty of violating these rules and regulations are subject to a fine of not Private debts,commercial soliciting and vending,displaying or distributing commercial more than$50 or imprisonment of not more than 30 days,or both.Nothing contained in advertising,soticiting signatures on petitions,polls,or surveys(except as otherwise these rules and regulations shall be construed to abrogate any other Federal laws or authorized by USPS regulations),and impeding entrance to or departure from post regulations or any state or local laws and regulations applicable to any area in which the offices are prohibited on postal property.These prohibitions do not apply to the following: property is situated. a. Commercial or nonprofit activities performed under contract with the USPS or Enforcement pursuant to the provisions of the Randolph-Sheppard Act. Members of the USPS Security Force will exercise the powers of special police provided b. Posting notices on employee bulletin boards as authorized by 39 CFR 243.2. by 40 U.S.C.318 and are responsible for enforcing the regulations in this notice in a c. The solicitation of USPS and other federal military or civilian personnel for con- manner that will protect USPS property.Postal Inspectors,Office of Inspector General tributions by recognized agencies as authorized by the Manual on Fund Raising Special Agents,and persons designated by the Chief Postal Inspector may also enforce within Federal Service,issued under Executive Order 12353. the regulations in this notice. Poster 7,April 1999 EXHIBIT F AFTER RECORDING RETURN TO: Thomas F. Peterson Betts, Patterson &Mines, P.S. One Convention Place, Suite 1400 701 Pike Street Seattle, WA 98101-3927 ACCESS EASEMENT AGREEMENT Grantor: Ribera-Balko Enterprises Family Limited Partnership Grantee: United States Postal Service Abbreviated Legal Descr.: East 1/2 of NW 1/4 of NW 1/4 of NW 1/4, Sec. 15, T23N, R5E, W.M. (Complete legal description on Exhibit A) Assessor's Tax Parcel No.: 5128210-0020 THIS EASEMENT AGREEMENT (this "Agreement") is made this day of 2004,by and between Ribera-Balko Enterprises Family Limited Partnership, a Washington limited partnership, ("Grantor") and United States Postal Service, an independent establishment of the Executive Branch of the United States Government, ("Grantee"),with reference to the following facts: RECITALS A. Grantor is the owner of certain real property located in the City of Renton, King County, Washington described in the attached Exhibit A ("Grantor's Property"). B. Grantee is the owner of certain real property in the City of Renton,King County, Washington, described in the attached Exhibit B ("Grantee's Property"). C. Grantor seeks approval of a short plat application from the City of Renton("the City"). The short plat application is known as LUA-02-129 ("the Short Plat Application"). When approved and recorded, the Short Plat Application will subdivide Grantor's Property into two lots, referred to in the Short Plat Application as "Lot 1"and"Lot 2." 216967/120203 1701171570001 -1- EXHIBIT G D. The City has placed a condition on the granting of the Short Plat Application that Grantor enter into an easement agreement with Grantee that will create a joint access route providing access to Grantor's Property and Grantee's Property as depicted in the plans of the • Short Plat Application. The easement would be located entirely upon Grantor's Property. E. A second condition imposed by the City on the Short Plat Application is the construction by Grantor of certain off-site improvements as depicted in the plans, including certain improvements to Grantee's Property. The improvements include the elimination of the current street access to Grantee's Property. F. Grantee has agreed to allow the closing of its existing access as required by the City on the condition that Grantor perform the off-site work required by the City for approval of the Short Plat Application and grant the easement set forth herein. Grantor desires to grant the easement rights contained herein to Grantee in order to obtain approval of the Short Plat Application. AGREEMENTS NOW, THEREFORE, for good and valuable consideration, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in this Agreement by this reference. 2. Grant of Easement. Grantor hereby grants and conveys to Grantee, its, grantees, successors, and assigns, for the benefit of Grantee's Property, a permanent, non- exclusive easement over and across that portion of Grantor's Property ("Easement Area") described in Exhibit C and depicted in Exhibit D attached hereto and incorporated herein by this reference, for vehicular access, ingress, and egress. No obstructions of any kind whatsoever shall be allowed within the above-described property that would materially impede ingress and egress for the purposes herein defined, either during construction or after completion of construction. Grantor, or a subsequent owner of Lot 2, may grant to the owner of Lot 1 easement rights to the Easement Area not inconsistent with the easement granted herein. USPS shall not use (or allow use of) the Easement Area for any purpose not expressly permitted herein. 3. Condition. The effectiveness of this Agreement and the rights granted herein are expressly conditioned upon the approval by the City of the Short Plat Application and recordation thereof by Grantor within 12 months of the execution of this Agreement or such additional time as may be agreed to in writing by the parties. If the City does not approve said application or Grantor does not record it within said time or extended time, then this Agreement shall be null and void. • 216967/120203 1701 t71570001 -2- 4. Maintenance. Grantor shall undertake all maintenance and/or repair of the Easement Area that it deems necessary in its reasonable judgment at its sole cost and expense. Grantor shall not be responsible for maintenance of any portion of Grantee's Property, including areas where Grantor may have performed off-site work pursuant to the Short Plat Application or a separate agreement. 5. Insurance. Grantor and Grantee shall include the Easement Area in its policies or other coverage for comprehensive general liability and property damage insurance in effect with respect to their respective properties. Grantee's insurance policies for the Easement Area shall include Grantor as an additional insured. Grantor and Grantee waive their respective rights of recovery against each other, including rights of subrogation claimed through them, for any loss to the extent insured by any insurance policy required above. Each owner shall obtain from its respective insurers written and binding approval of such waivers. Grantor and Grantee acknowledge and agree that the Postal Service is self-insured and that this provision shall only apply to any subsequent owner of Grantee's property. 6. Enforcement. In the event of a breach of any of the covenants or agreements contained herein, in addition to damages, each party shall have the right to specific performance, injunction and such other equitable relief as may be appropriate to remedy any violation or threatened violation of this Agreement. 7. No Public Rights. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Easement Area or either parties' respective properties. No easements, except those expressly set forth herein, shall be implied by this Agreement, and no other easements for signage or other utilities are granted or implied. 8. Amendment. The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of the parties, evidenced by a document that has been fully executed and acknowledged by the parties and recorded in the official records of the County Recorder of King County, Washington. 9. Consents. Wherever in this Agreement the consent or approval of a party is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a)be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. 10. No Waiver. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 216967/120203 1701t71570001 -3- 11. No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint ventures or of any other association between the parties. • 12. Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions,rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real properties benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors and assigns. 13. Time of Essence. Time is of the essence of this Agreement. 14. Entire Agreement. This Agreement contains the complete understanding and . agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 15. Notices. Notices or other communications hereunder shall be in writing and shall be sent via certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party may change from time to time its respective address for notice hereunder by like notice to the other party. The parties' initial notice addresses are as follows: Grantor: Ribera-Balko Enterprises 16400 Southcenter Parkway, #308 Seattle, WA 98188 Attention: Diana Ribera Grantee: Western Facilities Service Office United States Postal Service 8055 E. Tufts Ave., Suite 400 Denver, CO 80237-2881 Attention: Candace Kinne 16. Governing Law. This agreement shall be governed by the laws of the State of Washington. 17. Estoppel Certificates. Grantor and Grantee shall, from time to time,upon written request from the other property owner, execute, acknowledge, and deliver to the requesting owner or its designee, a written statement stating that the easements and other covenants provided for in this Agreement are in full force and effect and have not been supplemented or amended in any way(or specifying the date in terms of the agreement so effecting this Agreement); that this Agreement represents the entire agreement between the 216967/120203 1701t71570001 -4- parties as to the easements and covenants established herein; that all conditions under this • Agreement to be performed by the party have been satisfied, including, but without limitation, all maintenance and repair obligations, that all required contributions by an owner for repair or maintenance and that on this date there are no existing claims or defenses against any owner, as applicable. It is intended that any such statement delivered pursuant to this section may be relied upon by a prospective purchaser of a Parcel or holder of any mortgage upon a Parcel. The owner providing the statement shall do so within a reasonable time, which shall not exceed 15 days from the date of the actual or constructive receipt of the request. 18. Authority. The undersigned certify and warrant that they are fully authorized to enter into this Agreement and to bind said party if executing in a representative capacity, including that the United States Postal Service has obtained any and all administrative and/or legislative approval necessary to bind the United States Postal Service as a branch of the United States Government. DATED this _ /y_ day of .-h , 2004. GRANTOR: GRANTEE: RIBERA-BALKO ENTERPRISES UNITED STATES POSTAL SERVICE, FAMILY LIMITED PARTNERSHIP, an independent establishment of the a Washington limited partnership Executive Branch of the United States Government By uG- � - By( i0; Dana Ribera Its C„..0 a.e_rto bat (7)Fri Its General Partner STATE OF WASHINGTON ss. COUNTY OF ,c On this _day of 1- ti'"t"'.".'3 .2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Diana Ribera, to me known to be the General Partner of Ribera-Balko Enterprises Family Limited Partnership, the partnership that executed the foregoing instrument, and acknowledged the signing of said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. 216967/120203 1701171570001 -5- IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. NTHOMAS F. PETERSON ��`ThI� NOTARY PUBLIC Not ry Public in and for the State of Washington STATE OF WASHINGTGN Printed Name: T\ova s F. P fc_rsav\ COMMISSION EXPIRES Residing at: Sea- {� APRIL 9, 2005 My appointment expires: .-/No5 STATE OF (t (U(r d ss COUNTY OF D c l),% On this day of-FA 2004, before me, the undersigned, a Notary Public in and for the State of (t- c r6do , duly commissioned and sworn, personally appeared \1(,(v�gent a to me known to be thce crA(14,6fje_i of the United States Postal Service, the entity that executed the foregoing instrunient, and acknowledged the signing of said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of nojOrato \oN8-LE"''4)o,,o Printed Name: fl r,he U� At n n p1ARp= _ Residing at: U S�L 1 -t�,.�t" �_( o,(1 1(e. I = My appointment expires: � MY COMMON EXPIRES JULY 30.200E 216967/120203 1701t71570001 -6 • - EXHIBIT A Ribera-Balko Property • Parcel A of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005, records of King County,Washington. Situate in the City of Renton, County of King, State of Washington. • 210373/012004 0937/71510001 EXHIBIT B United States Postal Service Property Parcel B of Lot Line Adjustment No. LUA99075LLA. recorded under Recording No. 19990623900005, records of King County, Washington. Situate in the City of Renton, County of King, State of Washington. • 210374/012004 0937/71510001 • LXIV LJ • UI1IkIIN/-kLiC HIV U U I it W 3/Z,29(24" CONC. -) , '-=�`4,51;��„ CONC. t� •i — t am'v. 1°..r EXI 1 PER 4 1.1 OR "s , .. a.1 •k �EnEF. MANHOLE '---------------• RIM • -go' 1 .0 • " r A-sr-n-2w IA r • _ •�w — ' :e.,: ',:i2.=.;:`.'t? ->i.' ..i:-:.--•::,' .L.,W:'•:.e-:t'-',!;,..4-71:7211e, ''' 1. selv ts .� 'S.`' J�n'`L'''•/ ram`= _r._ _ C. 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I 1 $"SS MAIN O.5X , ! . • • EXHI I B I T D JOINT ACCESS EASEMENT That portion of Parcel A of City of Renton Lot line Adjustment No. LUA99075LLA, City Land Record No. LND300193, filed under King County Recording No. 19990623900005, Records of King County, Washington; • BEGINNING at the Northeast corner of said Parcel A; THENCE North 88° 03'09"West, 34.00 feet along the North line of said Parcel A; THENCE South 01°56'51"West, 225.00 feet; THENCE South 88'03'09'East,38.52 feet to the East line of said Parcel A; THENCE North 00° 47' 46" East, 225.05 feet along said East line to the Northeast corner of said Parcel A and the POINT OF BEGINNING. • • • • • • • • Project Name: Balko Renton Site April 8,2002 = DJSJath 7S48I.001.Wpd 1 BEGINNING. OF FILE FILE TITLE • • • ,4•1 . - . .•