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Home My WebLink AboutLUA-07-011_Report 1CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 30, 2008 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Garden of Eden Lot Line Adjustment LUA (file) Number: LUA-07-011, LLA Cross-References: AKA's: Project Manager: Ion Arai Acceptance Date: February 6, 2007 Applicant: Sue Johnson, Lummi Group, LLC Owner: Lummi Group, LLC Contact: Larry McAndrews, P.E. -CHS Engineers, LLC PID Number: 3342100565 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: 20080627900003 Project Description: Lot line adjustment to create three buildable lots in the RB zone. Access to all three lots Is via a proposed 26' access easement. The existing house will be demolished and thee new homes built. Slopes exist onsite but have less than 10" vertical height so do not qualify as critical areas. Lot line adjustment to improve width so lots are subdividable. There are steep slooes in the rear. but oeotech savs they are less than 10' vertical heiaht. Location: 2820 Lake Washington Blvd N Comments: I •• J. "~y 0 CITY "lF RENTON u -Department of Community and o~ .. ~ + ..11 + Economic Development ~ -~ Denis Law, Mayor Alex Pietsch, Administrator ~N~o~~~_.;..~~~~~~~~~~~...;.:;.:;:.:.:.::::::.;.:.::::~:.::...~ June 25, 2008 Larry McAndrews CHS Engineers, LLC 12507 Bel-Red Road, Suite 101 Bellevue, WA 98005 SUBJECT: Garden of Eden Lot Line Adjustment File No. LUA07-011, LLA Dear Mr. McAndrews: The City of Renton has approved the above referenced lot line adjustment and has forwarded the final mylars to King County for recording. Please note the recording of the lot line adjustment map alone does not transfer ownership of property. If necessary, prepare and record a deed transferring ownership of the portion ofland depicted in the lot line adjustment map. We recommend that the legal description for this document be prepared by a surveyor. It is the applicant's responsibility to ensure this document is properly prepared and recorded with the County. If you have any further questions regarding this lot line adjustment, please contact me at ( 425) 430-7270. Sincerely, Ion Arai Assistant P Janner cc: Yellow file Sue Johnson I Owner -------l-0-55--So_u_th_G_r_ad_y_W-ay_-_R_e_n_to-n,-W--as-h1-.n-gt-on-. -9-80_5_7---'-----·~ @ ThiS papeJ'conta1ns 50% recycled material, 30% post consumer AHEAD OF THE CURVE DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM June 25, 2008 City Clerk's Office Ion Arai, Planning, x7270 Garden of Eden Lot Line Adjustment; File No. LUA07-011, LLA Attached please find two sets of the above-referenced mylar and three copies for recording with King County. Please have Champion Couriers take these documents via: Same-day service ($13.81)-10:00 AM deadline to City Clerk Attached is a check for the amount of $13 .81 for the fee to Champion Couriers. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.590.0060.49.000014. Please call me at extension #7270 if you have any questions. Thank you. cc: Yellow file Property Services Jan Conklin Sue Johnson / Owner Larry McAndrews / Applicant ,,.~Y o CITY tF RENTON O~.~ Fe~ Department of Community and + ~ + Economic Development ~ -2'; Denis Law, Mayor Alex Pietsch, Administrator ~N~01~~~.....;.~~~~~~~~~~~~~~..;....~~~- June 4, 2008 Larry McAndrews CHS Engineers, LLC 12507 Bel-Red Road, Suite 101 Bellevue, WA 98005 SUBJECT: Garden of Eden Lot Line Adjustment File No. LUA07-011, LLA Dear Mr. McAndrews: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. Please submit two sets of original signed mylars and a check for $13.81 made out to Champion Couriers to my attention at the sixth floor counter of City Hall. Please verify that the mylars have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, May 29, 2008. 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 98057. 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. If you have further questions regarding this project, please call me at ( 425) 430-7270. Sincerely, Ion Arai Assistant Planner cc: Sue Johnson I Owner Yellow file --~----1-0_5_5-So_u_th_G_ra_dy-W-ay~--R_e_n_to_n_, \\-'-as_h_in_gt_o_n_9_8_05_7 ______ ~ @ This paperco11t..1ins 50% recycled material, 30% post consumer AHEAD OF THE .CURVE CIT'fllOF RENTON Larry McAndrews CHS Engineers, LLC 12507 Bel-Red Road, Suite JOI Bellevue, WA 98005 SUBJECT: Garden of Eden Lot Line Adjustment File No. LUA07-0ll, LLA Dear Mr. McAndrews: Department of Community and Economic Development Alex Pietsch, Administrator The City of Renton has finishedreviewing your proposed lot line adjustment and is now ready to approve and send the final version for recording. Please submit two sets of original signed mylars and a check for $18. 96 made out to Velocity Express to my attention at the sixth floor counter of City Hall. Please verify that the mylars have been signed by all owners ofrecord and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5 :00 pm, May 29, 2008. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 105 5 South Grady Way, Renton, WA 98057. 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. If you have further questions regarding this project, please call me at ( 425) 430-7270. Sincerely, -r:;~o· Ion Arai Assistant Planner cc: Sue Johnson/ Applicant Donald Mc Williams/ Owner Yellow file -------,-0-55_S_o_u_fu_G_r_oo_y_W_a_y ___ R_e-nt-o-n,-W-a_s_h1-n-~-oo-9-80_5_7~----~~· @ This paper contains 50% recycled material, 30% post consumer AHE.AD OF THE CURVE CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT MEMORANDUM DATE: May 7, 2008 TO: Sonja Fesser, Property Services FROM: Ion Arai, Current Planning, x7270 SUBJECT: Garden of Eden Lot Line Adjustment, File No. LUA0?-011, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar. please initial this memo below and return to me as soon as possible. However. if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. I Property Services approval: \ · ~ l' ., \1'-t~ =R_o,_be-rtc-=T:-. "Mc:-a---'c--=o:--n""'ie'""'. ="'r _<::P::-:L--:S,..._;_---'::D:\-':te ~b~Vll.......,,_/t1M_,_.,,f-"'·,.._,_)---'l(l./'t-, -'--'· \,.._.i1cuf:A.lO'Xo;JLk L-J ____,,,_ey!'.--'-1 ~. ~ SonJa J.(Jsser({ Date cc: Yellow File Document3 ~~y o CITY .F RENTON : Am~ Department of Community and ~. Economic Development ~£ ~ Denis Law, Mayor Alex Pietsch, Administrator ~·N~o,;,r-~~;......;~~~~~~~~~~~~...:.;::;;:.:..:;=::.:.:::::::::::;:.:.::~- April 21, 2008 Larry McAndrews Cl IS Eng111eers. LLC 12507 Bel-Red Road, Suite I 01 Bellevue, WA 98055 SUBJECT: Garden of Eden Line Adjustment City of Renton File No. LUA 07-011, LLA near Mr McAndrews: The City of Renton has completed the fourth review of your proposed lot line adjustment, and there are additional changes requested by the City's Property Services Division; please see the enclosed memo. Once all changes have been made, please submit two copies of the revised lot line adjustment the sixth noor counter of the Department of Community & Economic Development at Renton City Hall. The revised plans will be routed for final revie\\' and you will be notified when it is appropriate to submit the final mylars. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7286. Jennifer Henning, AICP Current Planning Manager Endosure CJty of Renton File No. LUA 07-01 t, LLA ---------.... . M 1kc Dotson, Engineerir~g S.recialist n _ _ _ _ _ ~ cc: -------s;, ,;;;,--tic mm,rn,-TTTTTTTTT1mmnrr-H-t"---:-----------R E N T O N 1055 South Grady Way -Renton, Washington 98057 @. This papercorrtains 50% recyded material. 30% postcorisumer AHEAD OF THE CURVE DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April 16, 2008 Jennifer Henning (?5 Sonja J. Fesser j)~ Garden of Eden Lot Line Adjustment, LUA-07-011-LLA Fonnat and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: The individual dimensions for the east lines of Lots 2 and 3 should be shown on the inside of the lot lines. The overall dimension for the cast line of the short plat should be noted on the outside of the short plat configuration. Replace "BLOCK 8" with BLOCK 9. in that portion of the plat lying northerly of the alley (a review comment in the last submittal). The current submittal shows nothing at all. Also note the lot number of said Block 9 that adjoins new "PARCEL I". The revised legal description does not note which lots adjoined the alley vacated in February 1953. This information should be included in the legal if possible (also include an ordinance number, or other, if available). Note that the title of the City of Renton official signing this document for recording purposes has changed. The new title is: City of Renton Administrator, Department of Public Works. Revise Sheet 2 of 2 as needed. The "ACKNOWLEDGEMENT'' block noted on the submittal is more suited to a corporation than to an individual. Replace with a more appropriate block. The bearing noted between "Point A" and the SE corner of "PARCEL 2" is incomplete. \H :\File Sys\LND -Lund Subdivision & Surveying l·krnrd~\LN D-:m -Lot Line Adjustments\0327\RVOS.0416.doc DATE: TO: FROM: Sl:BJECT: CJTY OF RENTON PLANNING/BUILDING/PUBLIC WORKS ME:VIORANDLM ----~------------------- March 18, 2007 Sonia Fcsser, Engineen11g Spcc1alist Andrea Petzel, J\ssocwtc l'la1111cr x7270Qg SECOND REVISIO'.\ -Gankn of Eden LLA, LUA 07-011 Attached is the most recent version of the abo\'c-referenccd lot line adjustment. If all Property Services concerns h,nc been addressed and you arc now able to recommend recording of the mylar. please sign thi~ 111crno belmv and return to me as soon as possible. However, if you have outstanding conccTn, or require add1tional information m order to recommend recording, please let me know. llm1k you. Property Services approval: Rubert T. Mac Orne, Jr. PLS Date Sonp .I. Fesser Date cc: Yellow File H:\Oivision.s\Develop.ser\Dev&plan.1ng\PROJECTS\07-011.Andrea\Sonja Approval Request Memo.doc GARDEN OF EDEN LOT LINE ADJUSTMENT LU-07-011-LLA LOT CALCULATIONS Parcel name: ENTIRE PARCEL North: 191729.8593 East: 1300799.7921 Line Course: N 89-04-13.80 W Length: 213.1581 North: 191733.3172 East: 1300586.6621 Curve Length: 55.3928 Delta: 4-55-35.45 Chord: 55.3758 Radius: 644.2236 Tangent: 27.7135 Course: S 36-32-22.77 E Course In: N 55-55-24.95 E Course Out: S 50-59-49.50 W RP North: 192094.2743 East: 1301120.2668 End North: 191688.8258 East : 1300619.6317 Line Course: S 51-21-32.35 E Length: 94.8811 North: 191629.5783 East: 1300693.7408 Line Course: S 56-40-16.29 E Length: 46.6578 North: 191603.9425 East: 1300732.7249 Line Course: S 89-04-13.80 E Length: 63.0783 North: 191602.9192 East: 1300795.7949 Line Course: N 01-48-13.20 E Length: 127.0029 North: 191729.8592 East: 1300799.7922 Perimeter: 600.1709 Area: 18,883 sq.ft. 0.43 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0001 Course: S 56-21-27.84 E Error North: -0.00007 East : 0.000 I 0 Precision 1: 6,001,540.0000 Parcel name: PARCEL 1 North: 191731.2893 East: 1300711.6506 Line Course: N 89-04-13.80 W Length: 125.0050 North: 191733.3172 East: 1300586.6621 Curve Length: 55.3928 Radius: 644.2236 Delta: 4-55-35.45 Tangent: 27.7135 Chord: 55.3758 Course: S 36-32-22.77 E Course In: N 55-55-24.95 E Course Out: S 50-59-49.50 W RP North: 192094.2743 East: 1301120.2668 End North: 191688.8257 East: 1300619.6317 Line Course: S 51-21-32.35 E Length: 66.4860 North: 191647.3093 East: 1300671.5621 Line Course: N 58-27-26.43 E Length: 32.8318 North: 191664.4847 East: 1300699.5431 Line Course: S 89-04-13.80 E Length: 10.0000 North: 191664.3225 East : 1300709.5417 Line Course: N 01-48-13.20 E Length: 67.0000 North: 191731.2893 East: 1300711.6506 Perimeter: 356.7157 Area: 6,947 sq.ft. 0.16acres Map check Closure -(Uses listed courses and chords) Error Closure: 0.000 I Course: S 79-15-27.28 W Error North: -0.00001 East : -0.00007 Precision I: 3,566,986.0000 Parcel name: PARCEL 2 North: 191662.8925 East: 1300797.6833 Line Course; N 89-04-13.80 W Length: 98.1531 North: 191664.4847 East: 1300699.5432 Line Course: S 58-27-26.43 W Length: 32.8318 North: 191647.3093 East: 1300671.5622 Line Course: S 51-21-32.35 E Length: 28.3950 North: 191629.5784 East: 1300693.7408 Line Course: S 56-40-16.29 E Length: 46.6578 North: 191603.9426 East: 1300732.7249 Line Course: S 89-04-13.80 E Length: 63.0783 North: 191602.9193 East: !300795.7949 Line Course: N 01-48-13.20 E Length: 60.0029 North: 191662.8925 East: 1300797.6834 Perimeter: 329.1189 Area: 6,030 sq.ft. 0.14 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0001 Course: N 83-37-15.22 E Error North: 0.00001 East : 0.00009 Precision I: 3,291,189.0000 --------------------------------------------------------------------------- Parcel name: PARCEL 3 North: 191729.8593 East: 1300799.7921 Line Course: N 89-04-13.80 W Length: 88.1531 North: 191731.2893 East : 1300711.6506 Line Course: S 01-48-13.20 W Length: 67.0000 North: 191664.3225 East: 1300709.5418 Line Course: S 89-04-13.80 E Length: 88.1531 North: 191662.8925 East: 1300797.6833 Line Course: N 01-48-13.20 E Length: 67.0000 North: 191729.8593 East: 1300799.7921 Perimeter: 310.3062 Area: 5,906 sq.ft. 0.14 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00.00 E Error North: 0.00000 East : 0.00000 Precision 1: 310,306,200.0000 --------------------------------------------------------------------------- Parcel name: ACCESS EASEMENT North: 191683.0805 East: 1300704.9877 Line Course: S 58-27-26.43 W Length: 51.8845 North: 191655.9380 East: 1300660.7691 Line Course: S 51-21-32.35 E Length: 27.6365 North: 191638.6807 East: 1300682.3552 Line Course: N 58-27-26.43 E Length: 48.5752 North: 191664.0920 East: 1300723.7535 Line Course: N 44-39-43.03 W Length: 26.6968 North: 191683.0805 East: 1300704.9877 Perimeter: 154. 7930 Area: 1,306 sq.ft. 0.03 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: N 13-05-23.94 E Error North: 0.00003 East : 0.00001 Precision 1: 154,793,000.0000 Parcel name: WATER LINE EASEMENT North: 191731.1676 East: 1300719.1505 Line Course: N 89-04-13.80 W Length: 15.0017 North: 191731.4110 East : 1300704.1508 Line Course: S 01-48-13.20 W Length: 49.8317 North: 191681.6040 East: 1300702.5823 Line Course: N 58-27-26.43 E Length: 2.8224 North: 191683.0805 East: 1300704.9877 Line Course: S 44-39-43.03 E Length: 17.4385 North: 191670.6771 East: 1300717.2457 Line Course: N 01-48-13.20 E Length: 60.5206 North: 191731.1677 East: 1300719.1505 Perimeter: 145.6150 Area: 804 sq.ft. 0.02 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: N 18-30-13.34 E Error North: 0.00004 East: 0.00001 Precision I: I 45,614,900.0000 January 25, 2008 Larry McAndrews CHS Engineers, LLC 12507 Bel-Red Road, Sutte 101 Bellevue, WA 98055 CITY .. F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Garden of Eden Line Adjustment-Revision Request III City of Renton File No. LUA 07-011, LLA Dear Mr. McAndrews: The City of Renton has completed the thmi review of your proposed lot line adjustment, and there are additional changes requested by the City's Property Services Division; please see the enclosed memo. Once all changes have been made. please submit two copies of the revised lot line adjustment the sixth floor counter of the Planning/Building/Public Department at Renton City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final rnylars. If you have any questions regarding your application or the changes requested above, please contact me at ( 425) 430-7270. Sincerely, CwJK~ Andrea Petzel. Planner ' Development Services Division Enclosure cc: City of Renton File No. LUA 07-011. LLA --------- Mike Dot.son, Engineering Specialist -n ~ _. ____ ~ -~-----!Jitt05ec5JeShro"'uthm;-!Gcttrad"'y"'Wi-Bf,ay""-ll"Rcte±nt&o-n,-W-a-,h-in_gt_o_n.:...9_8_05-. 7------R E N T Q N @ This pa~rconta1ns 50% recycle~ material, 30% post consumer AHEAD OF THE CTJR-VE DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM January I 7, 2008 Andrea Petzel Sonja J. Fesseryr::fi5 Garden of Eden Lot Line Adjustment, LUA-07-011-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: The bearings shown on the lot line adjustment drawing do not agree with what is noted in the Lot Closure Cales document. Review and revise the lot line adjustment submittal or the Lot Closure Cales document as needed. It is assumed that the geometry is still in error - will check again upon rcsubmittal. There is no mention of the 12' vacated alley, between underlying Lots 8 and 9 on one side and Lot IO on the other, in the legal description noted on Sheet I of 2. Review and revise as needed. Remove the word "PROPOSED" from each of the three titles of the parcels on Sheet J of 2. Also, remove said word from the reference to a private 15' water line easement (Parcel I). The reference to "BLOCK 8", shown northerly of the subject property on Sheet J of 2, is incorrect. The properties adjoining to the north of the subject property are in Block 9. The road (alley) shown northerly of said lot line adjustment property is questionable as presented. The south line of Lot 7 of said Block 9 pa11ially adjoins the north line of Parcel I of the subject lot line adjustment. ls said road (alley) vacated at any point that adjoins the lot line adjustment property'' The "NEW PRIVATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENT' block (Sheet 2 of 2) makes no mention of ownership or appurtenances. Sec the attachment for the city·, statement that does include said words. Make a similar statement (sec previous paragraph) for the private 15' water line easement. \H:\File Sys\LND -Land Subdivision & Surveying R..:i.:ords.\LNl)-:Hl -Lot Line Adjustrnents\0327\RVOSOl 17.doc Title (or both ofthe following paragraphs: NEW PRIVATE EASEMENT FOR INGRESS, EGRESS & UTILITIES MAINTENANCE AGREEMENT Use the following paragraph if there are two or more lots participating in the agreement: NOTE: NEW PRIVATE EXCLUSTVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREA TED UPON THE SALE OF LOTS SHOWN ON THIS LOT LINE ADJUSTMENT. THE OWNERS OF LOTS SHALL HA VE AN EQUAL AND UNDIVTDED INTEREST IN THE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REP AIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, DRAINAGE PIPES, AND STORM WATER QUALITY AND/OR DETENTION FACILITJES W !THIN THIS EASEMENT, PRIVATE SIGNAGE, AND OTHER INFRASTRUCTURE NOT OWNED BY THE CITY OF RENTON OR OTHER UTILITY PROVTDERS. MAINTENANCE COSTS SHALL BE SHARED EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. Use the following paragraph if the agrennent applies to one lot only: NOTE: NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREATED UPON THE SALE OF LOTS SHOWN ON THIS LOT LINE ADJUSTMENT. THE OWNER OF LOT SHALL HAVE OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVATE ACCESS EASEMENT APPURTENANCES. THESE APPURTENANCES AND MAINTENANCE RESPONSIBILITIES INCLUDE THE REPAIR AND MAINTENANCE OF THE PRIVATE ACCESS ROAD, 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. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITED, UNLESS PAVEMENT WIDTH IS GREATER THAN 20 FEET. DATE: TO: FROM: St:BJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS ME:YIORANDUM December 28, 2007 Sonja Fesser, Engineering Specialist Andrea Petzel, Associate Planner x7270 SECOND REVISIO:\' -Garden of Eden LLA, Attached is the most recent version or the a bo, c-referenced lot line adjustment. If all Property Services concerns have bcrn addressed and you are now able to recommend recording of the mylar, please sign this memo be low and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. · 1 hank you. Property Services approval: Robert T. Mac Onie, Jr. PLS Date Sonp J. Fesser Date cc: Yellow File H:\Division.s\Develop.ser\Dev&plan.ing\AAP\Lot Line Adjustr:1ent\3 Approval Request Memo.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM December 5, 2007 Andrea Petzel '2s Sonja J. Fessery~ Garden of Eden Lot Line Adjustment, LUA-07-011-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Ties to the City of Renton Survey Control Network don't work. The addresses noted on Parcels 2 and 3 do not agree with what is noted in city records. Parcel 2 is 2816 Lake Washington Blvd. N. and Parcel 3 is 2822 Lake Washington Blvd. N. Note the bearing to center for the point of intersection of the northerly right of way margin of Lake Washington Blvd N. ( on a curve) and the most southerly SW corner of Parcel 2, and the NW corner of Lot I (Sheet 2 of 2). It is suggested that both radials be shown. The overall distance shown for the east line of the existing parcel is incorrect. The word "EXISTING" is misspelled three times on the drawing (Sheet 2 of 2). Said misspelling is noted twice on Parcel I and once on Parcel 3 (Sheet 2 of 2). There is a proposed 15' water easement noted over Parcels I and 3. !.[ said easement is to the City of Renton, then a separate utilities easement document (use the city's form) needs to be prepared and recorded with the lot line adjustment. The applicant's surveyor should prepare the Exhibit "A" page and the .\1ap Exhibit page of the city's form and also provide the abbreviated legal description that should be noted on Page I of said document. Include indexing information in all the legal descriptions and also on the Map Exhibit. Provide a space for the recording number on the drawing sheet. \H:\FHe Sys\LND -Land Subdivision & Surveying Reconh,\LND-~O -Lot Line Adjuslments\0327\RV071205.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEl\!IORANDUM October 19, 2007 Sonja Fesser, Engineering Specialist ,/(\ J\V Andrea Petzel, Associate Planner x727~ Garden of Eden LLA, LUA 07-011 Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please sign this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services approval: Robert T. Mac Onie, Jr. PLS Date Sonja J. Fesser Date cc: Yellow File H:\Division.s\Develop.ser\Dev&plan.ing\AAP\Lot Line Adjustment\3 Approval Request Memo.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS ME:\10RANDUM October 19, 2007 Kayren Kittrick, Development Engine~visor Andrea Petzel, Associate Planner x72~ Garden of Eden LLA, LIJA 07-011 Attached is the most recent version of the above-referenced lot line adjustment. If required improvements have been installed and/or deferred and any other plan review concerns have been addressed and you are able to recommend recording of this lot line adjustment, please sign this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please send a written summary at your earliest convenience. Thank you. Plan Review approval: cc: Yellow File H:\Division.s\Oevelop.ser\Dev&plan.ing\AAP\Lot Line Adjustment\3 Approval Request Memo.doc Form No. 1402.92 (10/17/92) Policy No.: 4203-804970 ALTA Owner's Policy · Page 1 Policy of Title Insurance .---i: .\~l;::;lft '"' "".' ('• ' ·t :~ ISSUED BY Arst American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDillONS AND STIPULATIONS, FIRST AMERICAN IDLE INSURANCE COMPANY, a california corporation herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Tltle to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; or 4. Lack of a right of access to and from the land; The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. Ai-st American Title Insurance Company By: Attest: C9 2000 The First American Corporation. All Rights Reserved :'-j---J _>' /-~ r-/c;··; ;;<>_--;.C:,~ President ! Secretary Form No. 1402.92 (10/17/92) ALTA Owner's Policy Date of Policy: Policy Amount: SCHEDULE A May 05, 2006 at 2:29 p.m. $850,000.00 1. Name of insured: Lummi Group LLC 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Lummi Group LLC 4. The land referred to in this policy is described as follows: Policy No.: 4203-804970 Page 2 of 9 Policy No.: 4203-804970 Premium: $1,393.00 Real property in the County of King, State of Washington, described as follows: Lots 8, 9, 10 and the West 10 feet of 11, Block 9, Hillman's Lake Washington Garden of Eden Addition to Seattle No. 1, according to the Plat thereof recorded in Volume 11 of Plats, Page 63, in King County, Washington. Except that portion of said Lots 8 and 9 condemned in King County Superior Court Cause No. 115311 for Lake Shore Boulevard. Together with the North half of that portion of vacated 1st Avenue (now Southeast 95th place) adjoining the premises on the South. APN: 334210-0565-06 .~/rsr rimerican Title Form No. 1402.92 (10/17/92) ALTA Owner's Policy SCHEDULE B EXCEPTIONS FROM COVERAGE Policy No.: 4203-804970 Page 3 of 9 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART ONE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claim of easement or encumbrances which are not shown by the public records, unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance therof, water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose . . ;;:,-:rst a~merican Title Form No. 1402.92 (10/17/92) Al TA Owner's Policy 1. General Taxes for the year 2006 SCHEDULE B PART TWO Policy No.: 4203-804970 Page 4 of 9 The first half has been paid. The second half is payable, but not delinquent until November 1st. Tax Account No.: 334210-0565-06 2. Deed of Trust/Mortgage and the terms and conditions thereof: 3. Trustor/Grantor: Trustee: Beneficiary: Amount: Dated: Recorded: Recording No.: Easement, including terms and Recorded: Recording Information: In Favor Of: For: Lummi Group LLC First American Title Insurance Company, a Corpuration Donald E. and Doris L. McWilliams $765,000.00 May 03, 2006 May 05, 2006 20060505001425 provisions contained therein: June 04, 1952 4242008 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system ~1/st ,J,merican Title ,, • . .. .. -~. ---, (',.,)',,,.. ..,./,,./ .67. . ~ . To,..Ye, rit..11 UN ri~t of i\J'r,,11•1.ou<il .. P"CH tr. nl'II: lla<b •~n>•• •dJt.Niit Ju~a or th• Gr...,wr_t<d' ti.. fe,..... ti!' ~~t,,.nud ...__.~: ~C9Llrb1. ,...,....,.,,. ,.i,.u"--'• d,asp,, p,o.ualh•i &A,! ..,H•U=I" add h .. , .JU. r rtgbt at .u.r ti.M "7--w,l pd.l•f. n°'n'"• a..t -~ .. i.i. a"1d 1....i.. 1 ~ ) .pi." h ll 1t I II l L •• I I .. u • • ... ~ "• cm nll htM . . , . "IQ!>, I=:;: r ,L G -ree e ,1 • m:u o• a:..z11 u. 1114 It:.&. 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GARDEN OF EDEN LOT CLOSURE CALCS.txt GARDEN OF EDEN LOT LINE ADJUSTMENT LUA-07-011-LLA / LND-30-0327 LOT CLOSURE CALCULATIONS Parcel name: EXISTING LOT North: 191750.0275 East: 1300771.6131 Line Course: N 89-51-05W Length: 213.1581 North: 191750.5803 East : 1300558.4557 Curve Length: 173.3579 Radius: 644.2236 Delta: 15-25-05 Tangent: 87.2054 Chord: 172.8345 Course: S 42-33-58 E Course In: N 55-08-34 E Course Out: S 39-43-29 W RP North: 192118.7756 East: 1301087.0919 End North: 191623.2882 East : 1300675.3679 Line Course: S 89-51-05 E Length: 93.9781 North: 191623.0444 East : 1300769.3457 Line Course: N 01-01-22 E Length: 127 0029 North: 191750.0271 East : 1300771.6127 Perimeter: 607.4961 Area: 20,172 sq.ft. 0.46 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0005 Course: S 45-23-06 W Error North: -0.00036 East: -0.00036 Precision 1: 1,213,947.2000 Parcel name: PARCEL 1 North: 191750.2563 East: 1300683.4603 Line Course: N 89-51-05 W Length: 125.0050 North: 191750.5805 East : 1300558.4557 Curve Length: 118.9878 Radius 644.2236 Delta: 10-34-57 Tangent: 59.6646 Chord: 118.8207 Course: S 40-08-55 E Course In: N 55-08-34 E Course Out: S 44-33-37 W RP North: 192118.7758 East: 1301087.0919 End North: 191659.7570 East: 1300635.0680 Line Course: N 57-40-36 E Length: 44.0171 North: 191683.2928 East : 1300672.2644 Line Course: S 89-51-05 E Length: 10.0000 North: 191683.2669 East: 1300682.2643 Page 1 GARDEN OF EDEN LOT CLOSURE CALCS.txt Line Course: N 01-01-22 E Length: 67.0000 North: 191750.2562 East : 1300683.4603 Perimeter: 365.0118 Area: 7,330 sq.ft. 0.16 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0001 Course: S 13-02-04 E Error North: -0.00012 East: 0.00003 Precision 1: 3,648,428.000 Parcel name: PARCEL2 North: 191683.0381 East : 1300770.4170 Line Course:N89-51-05W Length:98.1531 North: 191683.2927 East : 1300672.2642 Line Course: S 57-40-36 W Length: 44.0171 North: 191659.7569 East: 1300635.0678 Curve Length: 54.3701 Radius: 644.2236 Delta: 4-50-08 Tangent: 27.1998 Chord: 54.3511 Course: S 47-51-27 E Course In: N 44-33-37 E Course Out: S 39-43-29 W RP North: 192118.7744 East: 1301087.0933 End North: 191623.2886 East : 1300675.3680 Line Course: S 89-51-05 E Length: 93.9781 North 191623.0449 East: 1300769.3458 Line Course: N 01-01-22 E Length: 60.0029 North: 191683 0382 East: 1300770.4168 Perimeter: 350.5184 Area: 6,936 sq.ft. 0.15 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0002 Course: N 73-21-42 W Error North: 0.00005 East: -0.00017 Precision 1: 1,752,511.5000 Parcel name: PARCEL3 North: 191750.2563 East: 1300683.4603 Line Course: S 01-01-22 W Length: 67.0000 North: 191683.2670 East: 1300682.2643 Line Course: S 89-51-05 E Length: 88.1531 North: 191683.0383 East: 1300770.4171 Page 2 GARDEN OF EDEN LOT CLOSURE CALCS.txt Line Course: N 01-01-22 E Length: 67.0000 North: 191750.0277 East: 1300771.6131 Line Course: N 89-51-05 W Length: 88.1531 North: 191750.2563 East : 1300683.4603 Perimeter: 310.3062 Area: 5,905 sq.ft 0.13 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 310,306,200.0000 Parcel name: 26' ESMT North: 191701.9611 East: 1300677.4549 Line Course: S 57-40-35.67 W Length 61.2731 North: 191669.1985 East : 1300625.6764 Curve Length: 26.6987 Radius: 644.2236 Delta: 2-22-28.28 Tangent: 13.3513 Chord: 26.6968 Course: S 45-26-33.78 E Course In: N 45-44-40.36 E Course Out: S 43-22-12.08 W RP North: 192118.7756 East: 1301087.0923 End North: 191650.4675 East: 1300644.6992 Line Course: N 57-40-35.67 E Length: 61.2731 North: 191683.2301 East: 1300696.4777 Line Course: N 45-26-33.78 W Length: 26.6968 North: 191701.9611 East: 1300677.4549 Perimeter: 175.9416 Area: 1,595 sq.ft. 0.03 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00.00 E Error North: 0.00000 East: 0.00000 Parcel name: PARCEL 1 ESMT North: 191701.9611 East: 1300677.4549 Line Course: S 57-40-35.67 W Length: 61.2731 North: 191669.1985 East: 1300625.6764 Page 3 GARDEN OF EDEN LOT CLOSURE CALCS.txt Curve Length: 13.3171 Radius: 644.2236 Delta: 1-11-03.82 Tangent: 6.6588 Chord: 13.3169 Course: S 44-50-51.55 E Course In: N 45-44-40.36 E Course Out: S 44-33-36.54 W RP North: 192118.7756 East: 1301087.0923 End North: 191659.7571 East: 1300635.0678 Line Course: N 57-40-35.67 E Length: 44.0171 North: 191683.2929 East: 1300672.2642 Line Course: S 89-51-04.56 E Length 10.0000 North: 191683.2670 East : 1300682.2642 Line Course: N 01-01-22.44 E Length: 13.7196 North: 191696.9844 East: 1300682.5091 Line Course: N 45-26-33.78 W Length: 7.0931 North: 191701.9610 East: 1300677.4549 Perimeter: 149.4200 Area: 813 sq.ft. 0.01 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0001 Course: S 22-01-34.35 E Error North: -0.00009 East: 0.00004 Precision 1: 1,494,198.0000 Parcel name: PARCEL 2 ESMT North: 191683.2301 East: 1300696.4777 Line Course: N 89-51-05 W Length: 24.2135 North: 191683.2929 East: 1300672.2642 Line Course: S 57-40-36 W Length: 44.0171 North: 191659.7571 East: 1300635.0678 Curve Length: 13.3833 Radius: 644.2236 Delta: 1-11-25 Tangent: 6.6910 Chord: 13.3813 Course: S 46-02-06 E Course In: N 44-33-37 E Course Out: S 43-22-12 W RP North: 192118.7746 East: 1301087.0933 End North: 191650.4675 East : 1300644.6992 Line Course: N 57-40-36 E Length: 61.2731 North: 191683.2301 East : 1300696.4777 Perimeter: 142.8852 Area: 684 sq.ft. 0.01 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: S 60-47-42 E Error North: -0.00002 East: 0.00004 Page 4 GARDEN OF EDEN LOT CLOSURE CALCS.txt Precision 1: 142,885,000.0000 Parcel name: PARCEL 3 ESMT North: 191696.9844 East: 1300682.5091 Line Course: S 45-26-34 E Length: 19.6036 North: 191683.2301 East: 1300696.4776 Line Course: N 89-51-05 W Length: 14.2135 North: 191683.2670 East: 1300682.2642 Line Course: N 01-01-22 E Length: 13.7196 North: 191696.9844 East : 1300682.5091 Perimeter: 47.5368 Area: 97 sq.ft. 0.00 acres Mapcheck Closure -(Uses listed courses and chords) Error Closure: 0.0000 Course: S 28-42-09 W Error North: -0.00002 East: -0.00001 Precision 1: 47,536,700.0000 Page 5 • //~l -( -' ·~)~"" , « '; Planning/Bu g/PublicWorks Department f>-----.:i ·:._~:,·· ._/_· =K-a-•h_y_K_co_l_kc-r,_M_a_y_o_r ----·"'-,,,"""""""·""~···«,.,,,._.,..~-G-re_g_g_z_i_m_m_e_r_m_•_n=P-.=E-., ~::~~~-~~~~~---, r. ''--~;, " -~_:.>-or" CITY CLERK September 12, 2007 CITY OF RENTON SEP I 3 2007 TO WHOM IT MAY CONCERN: RECEIVED CITY CLERK'S OFFICE Subject: Please see attached new plats that have just been addressed. Please add these addresses to your City directories and maps. Amanda Court Short Plat Blakey Townhomes Short Plat Chen Short Plat Garden of Eden LLA Honey I3rooke West/Sagecrest Plat Langley R ,dgc Plat Ng Short Plat Rainier Station LLA Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #I :platadd Barbee Mill Plat Bretzke Rogers Lotline adJustment Conner Puget Colony Short Plat 2 Highlands Park Plat Houvener Short Plat Brcwis/Meadow Ave Short Plat Puget Colony I Short Plat Renton Prop Short Plat 1055 South Grady Way-Renton, Washington 98057 ''~'"•'--,.' \ \ \ ' \. (_) I ~2;:;[r".~';.,.'se'.°.;'EN'r"~''cou~D 0 NOT : ~· / c# 0 7-o l/ ' ~- '1 BE LOCATED { (._._, ____ -I ~ ----· 1 --FOUND IRON PIP[, J5'AG I ----8 .. rGROUND [L~IOS go \ \ 0 ~ ···, ALLEY :,! •. 9~?~~?'°-<: f' -----o ffl '.-11,24'$.'; ~----~"a.a-, , -~~\\'cl .; '" ----' I : : 98 ---HOP 1 \ \ '; I ,': \--~-~-.-c--.oc----.,-,,$'=--:-__:c-,,°?Q1?_~~/-'~-4,,:,, i -,---s I D'.,Pr/ ACATEDR.O.W, L \\·· ~~\,c:_~<c~c~c-· -~SPHA-;-TD~V[WA--; \-·-,, -· ~--~Os~~· ~5s~~-~P~-~VACATE Rft'~/J9.92 I : :",:'.~.,f. :3'.2.tl;2/06S"6q:, ~ _ -• ., , , . , , .q Ii .-, , , . ih -.Fr ' 0 ">'\'•.... ··... \ \ \ '. Ii C0/1,tRUf ! . EX BLDG I : • \ '· ;~,;, I \ • ·,. •• ••• \ \~ i I, ~1 [ · 5,906 SF 1 093 SF I \ \:C, ~ I ~.. \·... ··: \ \="+' \ ii 8 I, I]; • GARAGE ' , \ \ 0 i) .,...-., · '\·"' \ ', f329 sF ·, I " -=~ 22-~ •\J.3 .": >~/,, \,,, ',, .,,._,,,\>, \~',, '_).7 "\._ \ \ ! l ID '/ ll -L ii.\\ · · "· t, --. , -.. >" , , r -, 0 , " , 11 , \ \' ', . · .. \:p ~~:,.. \ \:,Y '":,,,,:2, !. \,,/ : I, L'f;;';;Sj ~ I } \ :,,· \ \ \ 9 . / . . '°' ,., o ', ' 'VV: , / ' , , . . ~ ,. ~ ., , : ·, /, ·,. '. ·. -~\ :. __ :, __ ,;._ -'-',~~ .. . . gill -~ •: \ \ \ \ : I /. ' ' , . -, . "'<D g_m -1 Ii '\; \ ! ' : ---. ~ _ I I ~ § !t~ \ ii 98j I '-S@~ I 11 ~{\~';, ~ I ,I~,,,,., I )i'_,.r~\.:;[ ,-1T 'iCR-"tr' i:',S:'/lTl·V,F i!/l ,F (!_/1.:•[i;' :~i OF?;/[ '' .'cAS7 o.c-:~'7'.-1\'.'.•':.·_·l,i,-i }f, -_i'i[ ·.:<:V.':,\ T '-<:U•,~-3.5', R'](.,''"'I. '.)' ''.TI EXISTING LOTS GROSS AREA (SF) LOT 8 = 6,196 LOT 9 = 3,907 LOT 10= 5,100 • NET AREA (SF) LOT8=6196 LOT 9 = 3907 LOT 10" 5100 BUILDING I I I ~\t\ \ G ,{ : \ ' J , EX.BLD 200'\o\~,s '· 2149SF J; -\P "•o ,. _·_ ' -~ 11; TL-£ f;,'°, ;· 9939 ( -1' ~ 1 I I S /AIRS~ ,13~ ' 'T:;' \ *' /'' , j ---· a""--/ I : 1.sf CONCRETE WALL ~ ~ ' "' "'"'"· .,_.,_. g O j, I 1 ' : IA' K • ·" \, ',',s,· '' "' ~ 'PL JI \ ' l 'J/ ', ' \ • t \~\\:'\ \J ~[CK »0c.~ --N i} ' \ \ l '"a -1& ' \, ·· .. :· -~ ··.,, i . ., \ \ -~-=--·.. 93,, --~+' ~ 1~ ~ ' 1 : -- ' ~<"o,,, ~ -~ ' -.. \ '. .--\ \.'.I,.:.. 0' '"' J40" r . _,-' • CqNC!,.[TP WALL , "lf, • Vt:\ -. \ \ \ ·----., \ 8 ill / .-, "1;>;;-o · ·, ·· ··-... \..-· · \ \::::\.,., L.-4. 00 _'J, _ • • ·' PROPOSED LOTS "'v ' ~ /;.~' \: ~-: b'.':\~ /11 0 1',c ~ 0.. '· ', t·\; ~ ', ,2&-.;:ia~ ~ ' ' 0 ' ' ·ouND IRON PIP[ 1.5' AG GROSS AREA (SF) LOT 1 "'7,329 LOT 2 = 5,906 LOT 3 = 6,914 NET AREA. (SF) LOT 1 "'6,516 LOT 2 = 5,808 LOT 3 = 6,230 ' ,i, '~·, . ', \ --_:/ ·, · :. ·. ·'<\ ' '-· rr.cre , , , cr-, , ''-..._: '-. . ~1,,v-ww c;,7 l)P Al ~-·"-'-'•,' ', '\' / \ ·, •·i\· '"'1ANC( A' SOU.'" I• ' ' ,' ,,.',\ , V' ·<., \._ ./ .·· ' ..._ ;;c ~;· 'C CAY/.'; ''1'i!i;~;,:, '' .. "~ ',~ • !NS 1~·,;/'Jrt,-,,...n ... ,-,, ,·.>\'<9', , -~ cc,,e, C'[S DN;!WW ~'.:_·:-:.,. ', "'' ' , qc:;77;7 tu/ c' ~/ -I, ii m, zl Page I of I Andrea Petzel -Garden of Eden -..A ,_. ---------------- From: Andrea Petzel To: suesjohn1723@aol.com Date: 09/11/2007 5:19 PM Subject: Garden of Eden LLA Sue, I received your letter today, and an earlier one from CHS Engineering. The Garden of Eden LLA will remain active for another 6 months and if I haven't heard from you at that point, I will check in again. Thanks, feel free to contact me with any questions. Andrea Andrea Petzel, Planner City of Renton -Development Services Division Renton City Hall -6th Floor 1055 South Grady Way Renton, WA 98057 425-430-7270 ;i_Ql;_tzel@ci.renton. wa. us file ://C: \Documents%20and%20Settings\nwei1\Local %20Settings\ Temp\GW} 0000 I. HTM 09/11/2007 September 5, 2007 City of Renton Planning/Building Public Works Dept Andrea Petzel, Planner 1055 South Grady Way Renton, WA 98057 RE: Inactive File -Garden of Eden Linc Adjustment City of Renton File No. LUA 07-01 l, LLA Dear Ms. Petzel: Regarding the Garden of Eden Lot Linc Adjustment application, CHS Engineers is currently working the driveway drawings needed to complete the application. Please keep the file open since I hope to have this done in the next 90 days or so. Could you email me that you are in receipt of this letter at www. suesjohnl 723@aol? Thank you. Sincerely, -~ Cjditt,;JA--.._, Lummi Group LLC Sue Johnson, owner CHS ENGINEERS, LLC August 31, 2007 Andrea Petzel, Planner Development Services Division City of Renton 1055 South Grady Way Renton, WA 98057 RE: Garden of Eden Lot Line Adjustment-City of Renton File No. LUA 07-011, LLA Dear Ms. Petzel: Per your request in your August 28'h letter, we arc wTiting to ask that you keep the Garden of Eden Lot Line Adjustment file active. We intend to continue to pursue the application process and resubmit the final documents very shortly. Sincerely, CHS Engineers, LLC 12507 BEL-RED ROAD SUITE 101 BELLEVUE. WA 98005-2500 TEL (425) 637-3693 FAX (425) 637-3694 Kathy Keolker, Mayor August 28. 2007 Larry McAndrews CHS Engineers, LLC 12507 Bel-Red Road, Suite 101 Bellevue, WA 98055 CITY .., F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Inactive File -Garden of Eden Line Adjustment f,~'4'fR"~~-LUA 07-011,,t;WI:'<'. Dear Mr. McAndrews: This letter is to inquire about the status of the Garden of Eden Lot Line Adjustment application. Your file has been inactive since receiving preliminary approval. Please send a written request to have the file placed on hold or indicate your intent to pursue the application process. If I receive no notice of intent from you within 30 days of this letter, this file will be closed out. If you have any questions regarding your application please contact me at (425) 430-7270. ~~.~ Andrea Petzel, i1a~~ Development Services Division cc; City of Renton File No. LUA 07-01 I Lummi Group, LLC (Sue Johnson)/ Owner -------l-05_5_S~o-u_th_G_ra_d_y_W_a_y ___ R_e_nl_o_n.-\\- 1 a-s-hi-ng_t_on_9_80_5_7 ______ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE :.··~·'",~ 1,,~ Kathy Keolker, Mayor ~'N'tO March 26, 2007 Lany McAndrews CHS Engineers, LLC 12507 Bel-Red Road, Suite 101 Bellevue, WA 98055 SUBJECT: Garden of Eden Line Adjustment CIT1i ::>F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator City of Renton File No. LUA 07-011, LLA Dear Mr. McAndrews: The City of Renton has completed the initial review of your proposed lot line adjustment. The following changes will be necessary in order for the City to approve your proposal: 1. The slope of the proposed access tract cannot exceed 15%. Because these three lots are bound together by a mutual access point, please submit grading plan prior to approval of the lot line adjustment. Grading to a slope of less than 15% will need to be completed prior to issuance of any building permits. 2. The face of the plat shall contain a new restrictive covenant for Lots 2 and 3 prohibiting the sale of those lots until the existing house and garage are demolished. 3. Advisory note: Prior to approval of building permits, the water main will need to be extended in order to serve these three lots. Please contact Mike Dotson ( 425) 430-7304 with any questions. In addition to the above-mentioned comments, please see the enclosed memo from the Property Services Division. Once all changes have been made, please submit two copies of the revised lot line adjustment the sixth floor counter of the Planning/Building/Public Department at Renton City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final mylars. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7270. Sincerely, /-. {lwk~!t/1 Andrea Petzel, Planner Development Services Division Enclosure City of Renton File No. LUA 07-011, LLA ~ ----oMrttie-kekD,lion,t,es~tt:;-1~:*n"':o"'i:Ftt:t:r"':"':lfla:,-:ble:b<ia;.:'-:'-__ R_e_nt_o_n_, \-~-,a-,h-i,-,g-,t-on_9_8_05_7 ________ R E N T Q N cc: ~ Th,----M ---•-:--cc.,,v, -----1-..-~~....,..;~, '>no,.~~·•~~~~,,~~• AHEAD OF THE CURVE ... DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM March 6, 2007 Andrea Petzel Sonja J. Fesscyf Garden of Eden Lot Line Adjustment, LUA-07-011-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the ahove referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: Do not make the easement area a solid black color (Sheet 2 of 3). As presented, the layout of the underlying adjusted lots cannot be seen. All of the bearings and distances of the lots are essential for our review. Use dashed lines to represent the easement. Information needed for final lot line adj ustrncnt approval includes the following: Note the City of Renton land use action number and land record number, LUA-07-011-LLA and LND-30-0327, respectively, on the drawings, preferably in the upper right-hand corner. The type size used for the land record number should be smaller than that used for the land use action number. Show a direct tie between the subject property and the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. Provide lot line adjustment and lot closure calculations. The current submittal consists of three drawing sheets, Sheet 3 of 3 being the "Utilities Plan". Said drawing should not be included in the package submitted for recording. Note discrepancies between bearings and distances of record and those measured or calculated, if any. \H:\File Sys\LND -Land Subdivision & Surveying l{ccord:--\l.ND-3U-Lot Llne Adjustments\tH27\RV070306,doc ... March 15, 2007 Page 2 Indicate what has been set at the common corner between the three new lots, and also the common comer between Lots I and 3 on Lake Washington Blvd N. (currently hidden beneath the access easement that is shown in black). Note all easements, covenants and agreements of record on the drawing. Note the plat name and tract numbers of the properties to the north, east and south of the subject parcel. The city will provide addresses for the proposed lots as soon as possible. Note said addresses on the lot line adjustment drawing. On the final lot line adjustment submittal, remove all references to topog lines, rockery, concrete walls, utilities facilities and other items not directly impacting the subdivision. Remove the building setback lines noted on the proposed adjusted lots. Setbacks will be determined at the time that building permits are issued. Do note encroachments. Change the word "BOUNDARY" (in the "DECLARATION" block) to LOT. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this lot line adjustment, they can be recorded concurrently with said lot line adjustment. The lot line adjustment drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the lot line adjustment drawing. Provide spaces for the recording numbers thereof. The new 26' easement for ingress, egress and utilities is shown for the benefit of future owners of the proposed lots. Nole on the drawing the following statement: "Area for private 26' ingress, egress and utilities easement". Since the newly reconfigured lots created via this lot line adjustment are under common ownership al the time of recording, there can be no new easements established until such time as ownership of the lots is conveyed to others, together with and/or subject to specific easement rights. Pursuant to the recently revised WAC 196-23-020, the surveyor's expiration date now needs to be applied manually. Any final document must contain the seal/stamp, handwritten license expiration date by the licensee[,] signature and date of signature of the licensee who prepared or directly supervised the work. For the purpose of this section "document" is defined as plans, specifications, plats, surveys[,} as-built documents prepared by the licensee[,} and reports. See the attachments for circled items that need to be corrected. H:\File Sys\LND -Land Subdivision & Surveying Rccords\LND->O -Lot Linc Adjustmcnts\0327\RV070:I06.doc\cor .. March 15, 2007 Page 3 NOTE: Concerning the margins of the short plat drawing currently submitted to the city for review. RCW 58.09.0SO(l)(b)(iii) requires a 2" margin on the left side, and 0.5 margins on the other edges. The revision block noted on this lot line adjustment document serves no purpose. A Record of Survey is not an engineering plan, subject to revision. Comments for the Project Manager: It appears that there is no legal description of the subject property attached to the review package we received. Did the applicant suhmit one? If not, have the applicant provide one. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. H:\File Sys\LND-L·rnd Subdivision & Surveying Rccords\L\'D-.\{J -Lot Line Adjustments\0327\RV070306.<loc\cor DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED WITHIN THIS LOT(OLINE,liADJUSTMENT, IN RETURN FOR THE BENEFIT TO ACCRUE FROM THIS ADJUSTMENT, B~GNING HEREON COVENANTS AND AGREES TO CONVEY THE BENEFICIAL INTEREST IN THE NEW EASEMENT SHOWN ON THIS LOT LINE ADJUSTMENT TO ANY AND ALL FUTURE PURCHASERS OF LOTS 1, 2AND 3 OROF ANY SUBDIVISION THEREOF. THE COVENANTS SHALL RUN WITH THE LAND AS SHOWN ON THIS LOT LINE ADJUSTMENT. NEW PRIVATE EASEMENT FOR INGRESS. EGRESS & UTILIT' NEW PRIVATE EXCLUSIVE EASEMENT FOR INGRESA.N19:EGRESSil.JTILJ)lES.A.!'ID FIRE DEPARTMENT ACCESS IS TO BE CREATED UPON THE SALE OF L6Ts'HOWN 9N THIS LOT LINE ADJUSTMENT. THE OWNER(S) OF LOTS 1, 2 AND 3 SHALL HAVE AN E'atHli:'AND UNDIV,IOED INTEREST IN THE BENEFITS AND RESPONSIBILITY FOR MAINTENANCE OF THE PRIVAfE ACCESS EASEMENT. THESE MAINTENANCE RESPONSIBILITIES INCLUDE THE RE~f> . D MAINTENANCE OF THE PRIVATE DRIVEWAY. MAINTENANCE COSTS SHALL BE HARD EQUALLY. PARKING ON THE PAVING IN THE ACCESS EASEMENT IS PROHIBITE . APPROVALS EXAMINED AND APPROVED THIS DAY OF ___ , 2007 CITY OF RENTON ADMINISTRATOR OF PLANNING/BUILDING/PUBU:; WORKS DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS DAY OF ___ ,, 2007 ASSESSOR DEPUTY ASSESSOR ACCOUNT NO. _____________ _ City-· , .enton Department of Planning I Building IP Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ?aG:4 ~: ' 5·vc COMMENTS DUE: FEBRUARY 20, 2007 APPLICATION NO: LUA07-011, LLA' ·--' DATE CIRCULATED: FEBRUARY 6, 2007 APPLICANT: Lummi Grouo, LLC PROJECT MANAGER: Andrea Petzel ---••, n~n ·-PROJECT TITLE: Garden of Eden Lot Line Adiustment PLAN REVIEW: Mike Dotson ! ·-. SITE AREA: 20,970 sauare feet BUILDING AREA lnross): NIA FEB O 6 ZOU/ LOCATION: 2820 Lake Washinaton Blvd N WORK ORDER NO: 77718 CITY Or RENTON llTILI 1l V -• SUMMARY OF PROPOSAL: Lot line adjustment to create three bu,ldable lots from existfng)lnderlying lots in me R8 zone. Access to all three lots is via a proposed 26' access easement. The existing house will be demoli§!Je(:I and thee new homes built. Slopes exist onsite but have less than 1 O" vertical height so do not qualify as critical areas (geotecnnical report). Lot line adjustment will improve width so lots are subdividable. 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 Housino Air Aesthetics Water Liaht!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. Signature of Director or Authorized Representative Date DATE: TO: FROM: SUBJECT: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM February 19, 2007 Andrea Petzel , , ·J· Mike Dotson / .·. •. Garden of Eden LLA, LUA07-0ll, LLA The following Utility and Transportation comments concern the Environmental and Development Application review for the subject project. EXISTING CONDITIONS WATER -The site is within the City of Renton water service area. There are however, no existing watermains within the frontage roadway (Lake Washington Blvd). SE\VER -There is an 8-inch sewer main adjacent and available to serve the site. STORM -There exist storm drainage pipelines and ditched storm water conveyance systems within the existing roadway. STREET -There is currently a paved and pat1ially improved public right-of-way along the frontage of this site. Comments to applicant: Please show all easements on the Lot Line Adjustment Document; including any that were reserved by street vacation ordinance. H:\Division.s\Develop.ser\Dcv&plun.ing\PROJECTS\07-011.Andrca\Gardcn of Eden LLA OF.doc City __ . lenton Department of Planning I Building I I c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 'P/o.n ?,pvlf, COMMENTS DUE: FEBRUARY 20, 2007 APPLICATION NO: LUA07-011, LLA DATE CIRCULATED: FEBRUARY 6, 2007_ APPLICANT: Lummi Group, LLC PROJECT MANAGER: Andrea Petzel REC-EI VE D PROJECT TITLE: Garden of Eden Lot Line Adjustment PLAN REVIEW: Mike Dotson l:'C"l"l H 1: ~nn., . ----· SITE AREA: 20,970 square feet BUILDING AREA (cross): N/A LOCATION: 2820 Lake Washington Blvd N I WORK ORDER NO: 77718 BUILDING DIVISION SUMMARY OF PROPOSAL: Lot line adjustment to create three buildable lots from existing unde~ying lots in the RB zone. Access to all three lots is via a proposed 26' access easement. The existing house will be demolished and thee new homes built. Slopes exist onsite but have less than 1 O" vertical height so do not qualify as critical areas (geotechnical report). Lot line adjustment will improve width so lots are subdividable. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable Mo,e Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinq Air Aesthetics Water Uoht!Glare Plants Recreation Land/Shoreline Use Ufilities Animals TranS""'"8fion Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14.000 Feet B. POLIGY-RELA TED COMMENTS C. GODE-RELATED COMMENTS 4 ~ /)'/'.• ... ·-c··d.:b/ ~/~ zc;o 7. with particular attention to those areas in which we have expertise and have identified areas of probable impact or ded to properly assess this proposal. City lenton Department of Planning I Building I I .c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 20, 2007 APPLICATION NO: LUA07-011, LLA DATE CIRCULATED: FEBRUARY 6, 2007 APPLICANT: Lummi Group, LLC PROJECT MANAGER: Anrtm,rf'etzel -- PROJECT TITLE: Garden of Eden Lot Line Adiustment PLAN REVIEW: Mike Dotson SITE AREA: 20,970 square feet BUILDING AREA lnross): N/A i : LOCATION: 2820 Lake Washington Blvd N I WORK ORDER NO: 77718 FEB -6 2007 SUMMARY OF PROPOSAL: Lot line adjustment to create three buildable Jots from existing undertyingl9J§_inthe R8 zone. Access to all three Jots is via a proposed 26' access easement. The existing house will be demolished ahd thee new )]oiiiesbuiJ[ Slopes exist onsite but have less than 10" vertical height so do not qualify as critical areas (geotechnical rtort). Lot line adjustment will improve width so lots are subdividable. ----·---·· -- 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 Housina Air Aesthetics Water Li_qht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transrvination 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 10 V with particular attention to those areas in which we have expertise and have identified areas of probable impact or is needed to properly assess this proposal. Date CI' T OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator February 6, 2007 Larry McAndrews, P.E. CHS Engineers, LLC 12507 Bel-Red Road #101 Bellevue, WA 98005 Subject: Garden of Eden Lot Line Adjustment LUA07-011, LLA Dear Mr. McAndrews: 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) 430-7270 if you have any questions. Sincerely, r. fe!l4t_ Project Manager cc: Lummi Group, LLC (Sue Johnson)/ Owner -------10_5_5_S_ou-th-G-ra-dy_W_a_y_-R-e-n-to_n_, \-V-a,-h-in-g-to_n_9_8_05_7 _______ ~ ~ Th,<> """"''"""t,,;,-,~ ,;r,a;-,.,,,,,.,I.,,.! m,:rlpric,I 'l_(\0/,, n,-,<:f '""'""' 1m<>r AHEAD OF THE CCRVE I I f n / 1. -:)_ /\/ 11 I r fr' U r; U! I i ___. )VJ I PROPERTY OWNER(S) PROJECT INFORMATION NAME: Lummi Group, LLC PROJECT OR DEVELOPMENT NAME: Sue Johnson, member Garden of Eden Lot Line Adjustment ADDRESS: ;. it l." L.t:fr..e.-VJ tt!f,/h:J iin 131,;1. iii PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 2820 Lake Washington Blvd N, Renton, WA 98056 CITY: I<. e"I, fr:, r ~ ZIP: 980 '>t TELEPHONE NUMBER: 425-228-2135 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 334210056506 APPLICANT (if other than owner) EXISTING LAND USE(S): Single Family Residential NAME: PROPOSED LAND USE(S): 3 lots -Single Family COMPANY (if applicable): Residential ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Single Family CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): TELEPHONE NUMBER EXISTING ZONING: R-8 Residential 8 du/ac CONT ACT PERSON PROPOSED ZONING (if applicable): NAME: Larry McAndrews, P.E. SITE AREA (in square feet): 20,970 sq ft SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): CHS Engineers, LLC DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 12507 Bel-Red Road, Suite 101 1595 sq ft PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Bellevue ZIP: 98005 ACRE (if applicable): 6.82 du/ac NUMBER OF PROPOSED LOTS (if applicable): 3 TELEPHONE NUMBER AND E-MAIL ADDRESS: 425.637.3696 larrym@chsengineers.com NUMBER OF NEW DWELLING UNITS (if applicable): 01/12/07 • , tOJECT INFORMATION (c< nued) ~--~-----~-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 PROJECT VALUE: SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 0 sq ft SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS AND LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE SE QUARTER OF THE SE QUARTER OF SECTION 31, TOWNSHIP 24 N, RANGE 05 E, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. (SEE PLANS) TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Lot Line Adjustment 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) 5 £,,tc;;t:"·¥\. c" · :16. hn&JQ , declare that I am (please check one)~ 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 infonnation herewith are in al! respects true and correct to the best of my knowledge and belief. (Signature of Owner/Representative) (Signature of Owner/Representative) I certify that I know or have satisfactory evidence that C ~ f< · Hoi\ f signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. M . t t . ~.~h ? . 2-c.-{}'-l-y appo1n men exp1res:_'-'_~_·•-~-----,-f-~-- Ot/l2/07 DEVELOPME(\[f CITY OF RE~11,~NING JAN 2 6 2007 Pre-application meeting for the RECEIVED Garden of Eden Lot Line Adjustment 2820 Lake Washington Blvd. PRE06-072 City of Renton Development Services Division July 13, 2006 Contact information Planner: Valerie Kinast, (425) 430-7270 Public Works Plan Reviewer: Mike Dotson, ( 425) 430-7304 Fire Prevention Reviewer: James Gray (425) 430-7023 Building Department Reviewer: Craig Burnell, (425) 430-7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects and contractors who work on the project. Pre-screening: When you have the project ready for submittal, have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are amended at times, and the proposal will be formally reviewed under the regulations in effect at the time of formal project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Public Works Administrator, and City Council). • DATE: TO: FROM: SUBJECT: FIRE DEPARTMENT MEMORANDUM June 13, 2006 Valerie Kinas!, Associate Planner (/) James Gray, Assistant Fire Marshall\ ) Jif-- Garden of Eden Short Plat, 2820 L~~ash Blvd N Fire Department Comments: 1. A fire hydrant with I 000 GPM fire flow is required within 300 feet of all new single- family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. 2. A fire mitigation fee of$488.00 is required for all new single-family structures. 3. Fire department access roadways require a minimum 20-foot wide paved roadway. Fire department turnarounds are required for roads over 150 feet in length. 4. All building addresses shall be visible from a public street. Please feel free to contact me if you have any questions. i:\gardenedensp.doc DATE: TO: FROM: SUBJECT: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM July 12, 2006 Valerie Kinas! Mike Dotson i}'\'lj,.. PREAPP No. 06-072 -Garden of Eden -2820 Lake Washington Blvd N. NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN TIDS REPORT: The following comments on development and permitting issues are based on tbe pre-application snbmittals 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. I have reviewed the preliminary application for the subject development. The following is general information concerning the public utilities. WATER I. The modeled fire flow available at the site is approximately 700 gpm. Static Water pressure is approximately 121 psi. 2. The proposed project is located within the 320-water pressure zone. 3. Fire Hydrant Requirement: All new single-family construction must have a fire hydrant capable of delivering a minimum of 1,000 gpm and must be located within 300 feet of the structures. The existing fire hydrant in the vicinity does not meet this minimum requirement. 4. Therefore to meet the fire flow requirements, a water main extension will be required. Our cursory review determines that approximately 600 lineal feet of new 8-inch water main would be required. (Acquiring easement to cross adjacent parcels could potentially reduce this lineal foot measure.) 5. A Water System development Charge of $1,956.00 per new single-family dwelling is payable at time of issuance of a construction permit. 6. Each house shall provide a separate water meter. SANITARY SEWER I. There is an existing 8-inch sewer main in Lake Washington Blvd. 2. From our records, there is an existing sewer stub to the existing home ( see attached side- sewer sketch(s)). !:\Plan Review\Plan Review 2006\Garden of Eden.doc Page 2 of2 3. Each lot shall provide separate side sewer stubs to each building. No dual side sewers are allowed. Side sewer shall be a minimum 2% slope. 4. The Sanitary Sewer System Development Charges (SDC) is $1,017 per single family home. This fee is due at the time of the utility construction permit. SURFACE WATER I . This site drains to the Lake Washington drainage basin. 2. A drainage analysis and design is required to comply with the requirements and standards of the 1990 King County Surface Water design manual. 3. The Surface Water System Development Charge (SDC) is $749 per lot. STREET IMPROVEMENTS I. Transportation Mitigation fees are $75 per additional generated trip generated. These fees shall be assessed according to the single-family home rate of9.57 trips per day (9.57x$75=$717.75). 2. All wire utilities shall be installed underground per the City of Renton Under-grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. GENERAL COMMENTS I. Permit application will required separate plan submittals for all proposed utility, drainage and street improvements. Plans are required to be prepared by a licensed Civil Engineer according to City of Renton drafting standards. 2. Permit application must also include an estimated cost of construction for water, sewer and roadway/drainage improvements (please see permit application available at the 6th floor Customer Service Counter). Separate permits for water meters, and side sewers are required. And a separate utility permit to cut and cap existing utilities to existing structures on site will be required as part of the demolition permit. 3. The applicant is responsible for securing any private utility easements. l:\Plan Review\Plan Review 2006\Garden of Eden.doc f; Fire Hydrants ·--Water Mains -196 ···220 -270 -300 --320 -350 -360 -370 --395 ~-435 -490 -495 -520 -565 -590 -79 FICTIOUS WELL It Public Land Survey System Renton City Limits n Parcels '---' 1:8:l Renton Aerial SCALE 1 : 1,997 Renton 100 0 100 200 300 FEET ttp://rentonnel.org/MapGuide/maps/Parcel.mwf N Wednesday, July 12, 2006 11:14 AM ~ ., t ~t ) ,~ ij ~ •• ~~ ,'!~'L \\] J ~ ~, ~~ ..... ~"' ~ ~~ tt. t\J ~ ~ .N tll ~ ~~ ~ lj '- ~i ~~~ ~·' .,l '4~!\, "" ~~ -~,--··· ··---·-··---- i-: cJ) . T I- 0) (\j z i~" s~i till ~~ t ~,. ~ 2i '-:~~ .... ""· ~. ~~· ~ I I •• ' :n ~ I 0 . I == I ~ I I • ~ -h . 1c I ! . J __ ~ ~ ~HJ-;._;;,in . . . . . ' I ~ ... -~ ~---~-~ ! i113N~n8 I I r r J I r J iJ I I I I ~~ ~.. . 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I ! ----- 00003621 DATE: TO: FROM: SUBJECT: CITY OF RENTON Planning/Building/Public Works MEMORANDUM July 12, 2006 Pre-Application File No. 06-072 Valerie Kinas!, Associate Planner, (425) 430-7270 Garden of Eden Lot Line Adjustment 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, Public Works Administrator, 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 $50.00 plus tax, from the Finance Division on the first floor of City Hall. Project Proposal: The subject property is located on the east side of Lake Washington Blvd. 2820 Lake Washington Blvd. (parcel number 3342100565). The proposal is to adjust the lot Jines between three parcels, bringing the lots more closely into conformance with current standards. The existing house and garage would be removed. The lots together are a total of 20.970 sq. ft. (0.48) acres in size. The property is zoned Residential -8 dwelling units per acre. After the proposed lot line adjustment, the lots would range in size from 5,080 square feet to 10,810 square feet. It appears the proposal is to use an existing driveway from Lake Washington Blvd. to access Lots 1 and 3. Access to Lot 2 is not proposed. Zoning/Density Requirements: The subject property is located within the Residential -8 dwelling units per acre (R-8) zoning designation. The R-8 zone permits only one dwelling unit per lot. The gross density of the three lots is approx. 6.25 dwelling units per acre. The net density could not be calculated, because the square footage of the required access easement was not indicated in the submitted materials. The lot line adjustment would not affect the density. The access easement that would be required to be recorded with the Lot Line Adjustment, would affect the density slightly. Lot Line Adjustment Principles: According to the Renton Municipal Code Section 4-7-060, lot line adjustments must be consistent with the following principles of acceptability: "1. Correcting: Adjust Jot lines including the elimination of a common lot line in order to correct property line or setback encroachments; 2. Improving: Create better lot design, or improve access; 3. Conforming: Conform to Applicable Zoning: See chapter 4-2 RMC, subdivision and other code requirements pertaining to Jot design, building location, and development standards." The proposed lot line adjustment would correct the problem of the existing northern lot on Lake Washington Blvd. not being the minimum width. After the Jot line adjustment, each lot would meet the lot size requirements. The proposed lot line adjustment would conform to zoning requirements of the R-8 zone and other applicable standards, except that an adequate access easement would need to be proposed to serve Lots 1 and 2, as described in the section access below. Development Standards: As stated above, lot line adjustments must create situations that meet the standards of the zone the site is located in and applicable subdivision regulations. The R-8 zone permits one residential structure/ unit per lot, detached accessory structures are permitted at a maximum number of two per lot at 720 square feet each, or one per Jot at 1,000 square feet in size. Garden of Eden Lot Line Adjustme July 13, 2006 Page 2 of 3 a-Application Meeting Minimum Lot Size. Width and Depth -The minimum lot size permitted in the R-8 is 4,500 square feet for lots greater than 1 acre in size and 5,000 square feet for lots 1 acre or less in size. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. The subdivision regulations (RMC 4-7-170) invoke further standards as to minimum width of the lots. The total area of the proposed lot line adjustment is less than 1 acre; therefore the minimum lot size is 5,000 square feet. The proposed lot sizes are: Lot 1 -5,080 sq. ft., Lot 2 -5,080 sq. ft. and Lot 3-10,810 sq. ft. The lots all meet the minimum lot size requirement. The access easement over Lot 3 would need to be subtracted from the lot area of Lot 3 to ascertain the net lot area of the tot. The gross and net lot area of each lot must be listed on the Jot on the Jot line adjustment drawing submitted at application time. The proposed lots widths and depths appear to meet the requirements. Residential Lot Arrangement -The subdivision regulations require that, "lnfofar as practical, side Jot lines shall be at right angles to street lines or radial to curved street lines." The submitted proposal meets this requirement. Setbacks -The required setbacks in the R-8 zone are 15 feet in front for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear, 5 feet for interior side yards, and 15 feet for side yards along streets and access easements for the primary structure and 20 feet for side yards along streets and access easements for attached garages. Because of the presence of a protected slope in the northeastern corner of the site, a geotechnical report will be required to ascertain if a setback from the slope will be required. This could have an impact on the buildable area of Lot 1. Also, when the access easement is widened and extended to adequately serve Lots 1 and 2, the setback lines would be substantially different than shown on the submitted drawing. t have attached a sketch illustrating this. It appears there would still be adequate buildable area in Lot 3 if the setbacks are met though. Access/Parking: The proposal is to access the reconfigured lots from Lake Washington Blvd. via an access easement. Lots 1 and 2 would have no direct access to Lake Washington Blvd. and would be served exclusively from the access easement. The proposal shows a 12 ft. access easement. which would need to be widened to 20 ft. to adequately serve the back two lots. Also, it would need to be extended south to serve Lot 2. I have attached a sketch illustrating this. Each lot is required to accommodate off street parking for a minimum of two vehicles. Driveway Grades: The maximum driveway slopes cannot exceed 15%, provided that driveways exceeding 8% are to provide slotted drains at the lower end of the driveway. If the grade exceeds 15%, a variance is required. Environmentally Critical Areas: Much of the site is in an area of moderate landslide hazard. In the northeastern corner of the property, the City of Renton slope maps indicate an area of protected slopes (40% of greater grade). A geotechnlcal report will be required to ascertain if the slope meets the definition of protected slope, and to delineate the protected portion of the slope: "A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15 feet)." (RMC 4-11-190) If the slope meets the definition of protected slope it must be placed in a native growth protection easement and fenced with a split-rail fence. The native growth protection easement would be recorded concurrently with the lot line adjustment. The slope would not be allowed to be altered and only native vegetation would be allowed on the slope. The geotechnical report must also contain recommendations as the construction of new homes, including a possible setback from the slope. This can have an impact on the buildable area of Lot 1, and should be considered prior to final design of the lot line adjustment plan. Consistency with the Comprehensive Plan: The existing development is located within the Residential Single Family (RSF) Comprehensive Plan Land Use designation. The following policies are applicable to the proposal: 06-072 Garden of Eden LLA (R-8, LLA between 3 lots, slopes).doc • Garden of Eden Lot Lin • istment Pre-Application Meeting July 13. 2006 Page 3 of 3 Land Use Element Objective LU-FF: Encourage re-investment and rehabilitation of existing housing. and development of new residential plats resulting in quality neighborhoods that: 1. Are planned at urban densities and implement Growth Management targets, 2. Promote expansion and use of public transportation; and 3. Make more efficient use of urban services and infrastructure. Policy LU-147. Net development densities should fall within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family neighborhoods. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of less than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. Policy LU-14g. Lot size should exclude private sidewalks, easements, private road, and driveway easements, except alley easements. Policy LU-150. Required setbacks should exclude public or private legal access areas, established through or to a lot, and parking areas. Fees: The cost of review of a Lot Line Adjustment is $450.00. A handout listing all of the City's Development related fees iri attached for your review. cc: Jennifer Henning 06-072 Garden of Eden LLA (R-8, LLA between 3 lots, slopes).doc // r'\ /__ --y~--- -1 __ / _ .,/ R-,8 •N 24th St. R-8, eN-. •'" •' ' R-lCP) U C'_,_,N2 .>------'---I __ _,,.. "-· .... ---·· --·-··------\.. ' ." / / "'-/ . ·"'·• - E4 • 8 T23N llSE W 1/2 0 200 Po ----Jten\oD City Umtt., , ..... i R-8 ..,. ' ' '":l -'N "' NE 2Z ~~-----,-t; t'1 RC ~ 'o:f <V --dt ~ CX) . l "' D4 ~ ZONING ~ = TICHIOOAL IRVICIS 5 T23N R5E W 1/2 5305 • ' \ 0' ,S;;;,, -~- "" '--· '+_:__ ,, l * ~ -4- ~ ~ ~ / j ' ' ' . '"' h / ... ·-· -. :s U\ er :, ' CHS ENGINEERS, LLC January 12, 2007 City of Renton Planning Development Services Division 1055 South Grady Way Renton, WA 98055 RE: Garden of Eden Lot Line Adjustment -Project Narrative To Whom It May Concern: C[Vf:LOPME CITY OF '/Jt;.,.~~NING JAN 2 6 2007 RECEIVED The Garden of Eden Lot Line Adjustment is a 0.48-acre (20,970 sq ft) site located at 2820 Lake Washington Boulevard N, within the City of Renton. According to the City's Comprehensive Plan and Zoning Maps, the site is Residential Single-Family R-8. All surrounding properties have the same zoning designation. A single-family residence and detached garage/shop currently occupy the site. The purpose of the lot line adjustment is to improve the layout of this 3-lot parcel with a new configuration. Three strips of existing, vacated right-of-way will be incorporated into the new lots and a private access easement will be created in the center of the parcel, all to improve functionality. There are no plans to build on the site at this time. In response to the Pre-Application Memorandum (by Valerie Kinast, July 12, 2006), a geotcchnical report to ascertain building setback from the slope on the eastern property line is not necessary because the slope does not meet the definition of a protected slope. According to City of Renton Municipal Code, a protected slope is defined as, "A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the city, of forty percent ( 40%) or greater grade and having a minimum vertical rise of fifteen feet (15 feet)." (RMC 4-11-190) As seen from the topographic lines on the engineering plans per the survey, the minimum vertical rise of this slope is 10 feet, therefore it does not constitute a steep or protected slope. A private access easement is proposed to serve all 3 lots. The footprint of this easement, as shown on the plan with existing topography, has a slope of greater than 15%. When building plans are later developed and proposed. it will be necessary to grade the access easement to a slope of less than 15% and this will probably necessitate the design of a daylight basement for the entry ( or garage) on Lot 2. The grading plan will co-depend on the building plans. A grading plan is thus pointless for a lot line adjustment; suffice it to say that a private access easement of less than 15% is feasible and will need to be cut upon development. 12507 BEL-RED ROAD SUITE 101 BELLEVUE, WA 98005-2500 TEL (425) 637-3693 FAX (425) 637-3694 • I trust that this letter explains the purpose of this lot line adjustment plan and clears up questions regarding the necessity of a geotechnical report or a grading plan. If you have any questions, however, please contact me at (425) 637-3693. Sincerely, ! ., }. f()) /\ .!\__/1 j \' .• . I V ' V I Laniy McAndrews, P.E. Principal CHS ENGINEERS, INC. ' DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS -... ' '' __ :--...:.-------~ _. :-r·~ -- ijH3/H4 D£VE!_opM Ciry of 'Z,~~~NING lA.N 2 6 2007 RECEIVED Habil3I Data Reporl • V iL, .:.:::~~.;._..~if~~"'-"'.-'"·::""i"'.'T"'/=:-"')"'":.:-";'"°f'""~'----=~"''::-==-"'·=.r",J;;~-"'~"-·"g"'_=-"'.~'"~"-~"';:,"':~-"';."k"'·~"=-"' .. -= .. ~"'-·"'·=_= __ "."'~":=".··=:.=*=··=~-"'.?-"'$"'·--::::l· lnigalion Piao. ~'"'"'~§!!--@ . ~----32 .... ll: Landscape Plan. Conceptual, Legal Desaiplion. Masler Applicalion Form, Neighborhood De!:aii Map • This requirement may be waived by. 1. Property Services Section 2. Public Works Plan Review Seclion 3. 8uting Sedion 4. Oewelopment l'lanmng Sedion u7rl/fl.f. ;f,t;l4Ji, PROJECT MME: &~ ti!-Edt.,J/,g1 ;IJ/ttt DATE: ])l!C· WI 1,1-Q{p Q :\WE 8\P\N\D.E.VSE RV\Forins IPlanni ng\wa1verolsubrnittal re qs _ 9,06. xis 09/06 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS lnvento,y of Exislng Siles ·-· Map of Exislng Sile Conditions·-. This ~I may be waived by: 1. Property Senrices Secllon 2. Public wcncs P1a1 Review Section 3 B'-*-9 Sectioo 4. De. 'riiP!lllllll Planning Section PROJECT NAME: Q:\WEB,P\l'ADtVSEAV'l!!'errns\P1anning\walverofsubmitta!reqs_9-06.xls 09/06 DENSITY WORKSHEET 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. 20,970 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: ____ square feet 1595 square feet ____ square feet 2. O square feet 3. 19,375 square feet 4. 0.44 acres 5. 3 units/lots 6. 6.82 = 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. K.\69-Dcvelopmcnt\2006\690620 -Sue Johnson-Lill I.me .\J1t1\tmc11t\DcnsiLy Worksheet.doc l Last updat, .:,'D\TE of 'WASHINblON SECRE'.D\RY of STATE I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF FORMATION to LUMMI GROUP, LLC A Washington Limited Liability Company. An application was filed for record in this office on the date indicated below UBI Number: 602 164 399 Date: November 29, 2001 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital ~~ Sam Reed, Secretary of State LUMMIGROUP LIMITED LIABILITY COMPANY AGREEMENT This Limited Liability Company Agreement (this "Agreement") is entered into this Z:E..._'4:iay of November 2001, by and among William C. Johnson, of Bellevue, Washington, and Susan E. Johnson, of Bellevue, Washington. The parties have agreed to organize and operate a limited liability company in accordance with the terms and subject to the conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties, intending legally to be bound, agree as follows: ARTICLE I DEFINITIONS l11e following capitalized terms shall have the meaning specified in this Article I. Other terms are defined in the text of this Agreement; and, throughout this Agreement, those terms shall have the meanings respectively ascribed to them: "Act" means the Washington Limited Liability Company Act, as amended from time to time. "Aqjusted Capital Account Deficit" means, with respect to any Interest Holder, the deficit balance, if any, in the Interest Holder's Capital Account as of the end of the relevant taxable year, after giving effect to the following adjustments: (i) the Capital Account shall be credited with the amounts which the Interest Holder is obligated to restore pursuant to Section 4.4.2 or is deemed obligated to restore pursuant to Regulation Sections J .704-2(g)(l) and (i)(5) (i.e., the Interest Holder's share of Minimum Gain and Member Minimum Gain); and (ii) the Capital Account shall be debited with the items described in Regulation Sections l.704-l(b)(2)(ii)(d)(4), (5) and (6). "Affiliate" means, with respect to any Member, any Person: (i) which owns more than 20% of the voting interests in the Member; or (ii) in which the Member ov.ms more than 20% of the voting interests; or (iii) in which more than 20% of the voting interests are owned by a Person who has a relationship with the Member described in clause (i) or (ii) above. "Agreement" means this LLC Agreement, as amended from time to time. Page I ORIGINAL 1 • cl 8Z6010t,SZt, "Capital Account" means the account to be maintained by the Company for each Interest Holder in accordance with the following provisions: (i) an Interest Holder's Capital Account shall be credited with the Interest Holder's Capital Contributions, the amount of any Company liabilities assumed by the Interest Holder (other than liabilities secured by Company property distributed to the Interest Holder), the Interest Holder's allocable share of Profit and any item in the nature of income or gain specially allocated to the Interest Holder pursuant to the provisions of Article IV (other than Section 4.3.3); and (ii) an Interest Holder's Capital Account shall be debited with the amount of money and the fair market value of any Company property distributed to the Interest Holder (net ofliabilities secured by such distributed property that such Interest Holder is considered to asswne or take subject to under Section 752 of the Code), the amount of the Interest Holder's individual liabilities that are assumed by the Company ( other than liabilities that reduce the amount of any Capital Contribution made by such Interest Holder), the Interest Holder's allocable share of Loss, and any item in the nature of expenses or losses specially allocated to the Interest Holder pursuant to the provisions of Article IV (other than Section 4.3.3). If any Interest is transferred pursuant to the terms of this Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent the Capital Account is attributable to the transferred Interest. If the book value of Company property is adjusted as provided herein, the Capital Account of each Interest Holder shall be adjusted to reflect the aggregate adjustment in the same manner as if the Company had recognized gain or loss equal to the amount of such aggregate adjustment. It is intended that the Capital Accounts of all Interest Holders shall be maintained in compliance with the provisions of Regulation Section I. 704-1 (b ), and all provisions of this Agreement relating to the maintenance of Capital Accounts shall be interpreted and applied in a manner consistent with that Regulation. "Capital Contribution" means the total amount of cash and the fair market value of any other assets contributed (or deemed contributed under Regulation Section l .704-l(b)(2)(iv)(d)) to the Company by a Member, net of liabilities asswned by the Company or to which the assets are subject. "Cash Flow" means all cash funds derived from operations of the Company (including interest received on reserves), without reduction for any noncash charges, but less cash funds used to pay current operating expenses and to pay or establish reasonable reserves for future expenses, debt payments, capital improvements, and replacements as determined by the Members. "Code" means the Internal Revenue Code of 1986, as amended, or any corresponding provision of any succeeding law. Page2 BilSOtOvSilv "Company" means the limited liability company fonned in accordance with this Agreement. "Family" means a Member's spouse, lineal ancestors, or descendants by birth or adoption, siblings, and trusts for the exclusive benefit of a member or any of the foregoing individuals. "Interest" means a Person's share of the profits and losses of, and the right to receive distributions from, the Company. "Interest Holder" means any Person who holds an Interest, whether as a Member or an unadmitted assignee of a Member. "Involuntary Withdrawal" of a Member shall mean the death, retirement, resignation, expulsion or bankruptcy of such Member and any other event which terminates the continued membership of such Member in the Company. "Member" means each Person signing this Agreement and any Person who subsequently is admitted as a member of the Company. ",\£ember Nonrecourse Deductions" has the meaning and shall be detennined as set forth in Regulation Section 1.704-2(i) for "partner nomecourse deductions". "Member Afinimum Gain" has the meaning and shall be determined as set forth in Regulation Section l.704-2(i) for "partner nomecourse debt minimum gain". "Minimum Gain" has the meaning and shall be determined as set forth in Regulation Sections 1. 704-2(b )(2) and I. 704-2(d) for "partnership minimum gain". "Membership Rights" means all of the rights ofa Member in the Company, including a Member's: (i) Interest; (ii) right to inspect the Company's books and records; (iii) right to participate in the management of and vote on matters coming before the Company; and (iv) unless this Agreement or tl1e Certificate of F orrnation provide to the contrary, right to act as an agent of the Company. "Negative Capital Account" means a Capital Account v.-ith a balance ofless than zero. "Nonrecourse Deductions" has the meaning set forth in Regulation Section 1. 704-2(b )(I). "Nonrecourse Liability" has the meaning set forth in Regulation Sections I. 704-2(b )(3) and 1.752-l(a)(2). "Percentage" means, as to a Member, the percentage set fortl1 after the Member's name on Exhibit A, as amended from time to time, and as to an Interest Holder who is not a Member, the Page 3 826010t,S2t, Percentage of the Member whose Interest has been acquired by such Interest Holder, to the extent the Interest Holder has succeeded to that Member's Interest. "Person" means and includes an individual, corporation, partnership, association, limited liability company, trust, estate, or other entity. "Profit" and "Loss" means, for each taxable year of the Company (or other period for which Profit or Loss must be computed), the Company's taxable income or loss determined in accordance with Section 703(a) of the Code, with the following adjustments: (i) all items of income, gain, loss, deduction, or credit required to be stated separately pursuant to Section 703(a)(l) of the Code shall be included; and (ii) any tax-exempt income of the Company, not otherwise taken into account in computing Profit or Loss, shall be included; and (iii) any eiqienditures of the Company described in Section 705(a)(2)(B) of the Code (or treated as such pursuant to Regulation Section 1. 704-1 (b)(2)(iv)(i)) and not otherwise taken into account in computing Profit or Loss, shall be subtracted; and (iv) gain or loss resulting from any taxable disposition of Company property shall be computed by reference to the adjusted book value of the property disposed of, notwithstanding the fact that the adjusted book value differs from the adjusted basis of the property for federal income tax purposes; and (v) in lieu of the depreciation, amortization, or cost recovery deductions allowable in computing taxable income or Joss, there shall be taken into account the depreciation or amortization computed for book purposes; and (vi) notwithstanding any other provision of this definition, any items which are specially allocated pursuant to Section 4.3 hereof shall not be taken into account in computing Profit or Loss. "Regulation" or "Regulations" means the income tax regulations, including any temporary regulations, from time to time promulgated under the Code. "Secretary" means the Secretary of State of Washington. "Transfer" means, when used as a noun, any voluntary sale, hypothecation, pledge, assignment, attachment, or other transfer, and, when used as a verb, means voluntarily to sell, hypothecate, pledge, assign, or otherwise transfer. "Voluntary Withdrawal" means a Member's disassociation or termination with the Company by means other than a Transfer or an Involuntary Withdrawal Page4 BZ60l01'SZ1' ARTICLE II ORGANIZATION 2.1. The parties shall organize a limited liability company pursuant to the Act and the provisions of this Agreement and, for that purpose, shall cause the Certificate of Formation, in the form attached as Exhibit B, to be executed and filed for record with the Secretary. 2.2. Name of the Company. The name of the Company shall be "Lummi Group, LLC." The Company may do business under that name and under any other name or names upon which the Members agree. If the Company does business under a name other than that set forth in its Certificate of Formation, then the Company shall file an assumed business name as required by law. 2.3. Purpose. The Company is organized to engage in any business permitted under the Act. 2.4. Term. 'Ole term of the Company shall begin upon the acceptance of the Certificate of Formation by the Secretary and shall continue until 30 years, unless its existence is sooner terminated pursuant to Article VII of this Agreement. 2.5. Principal Office. The principal office of the Company in the State of Washington shall be located at 1723 127'h Avenue SE, Bellevue, WA 98005, or at any other place within the State of Washington upon which the Members agree. 2.6. Registered Agent. The name and address of the Company's registered agent in the State of Washington shall be Stanton M. Cole. 2.7. Members. The name, present mailing address, taxpayer identification number, and Percentage of each Member are set forth on Exhibit A. ARTICLE III CONTRIBUTIONS 3. I. Initial Contributions. Upon the execution of this Agreement William C. Johnson and Susan E. Johnson shall contribute property listed on Exhibit A with an agreed equity value of $1,000 (the "Property). 3.2. Additional Capital Contributions 3.2.1. If, pursuant to Article V of this Agreement, the Members, at any time or from time to time, determine that the Company requires additional Capital Contributions, then each Member shall contribute his share ofaddilional Capital Contributions. A Member's share of the additional Capital Contributions shall be equal to the product obtained by multiplying the Member's Page 5 s·d 826010i>S2v Percentage and the total additional Capital Contributions required. The total amount of additional Capital Contributions which the Members require to be contributed during the tem1 of this Agreement shall not exceed $40,000 111 the aggregate. Within 1hirty (30) days after the Members have determined the amount of additional Capital Contribution required, each Member shall pay the Member's share, in cash or by certified check, to the Company. 3.2.2. Except as provided in Section 3.2.1, no Member shall be required to contribute any additional capital to the Company, and no Member shall have any personal liability for any obligation of the Company. 3.23. If any member desire to contribute additional capital on a voluntary basis, upon such contribution his or her interest in the LLC shall be adjusted accordingly. Such adjustment shall be based upon the value of the net equity so contributed and the net value of the assets of the LLC prior to such contribution as shall also be agreed to by the members, to the end effect that the value of the non-contributing interest-holders shall remain constant and the contributing members interest shall increase accordingly. 3.3. No Interest on Capital Contributions. Interest Holders shall not be paid interest on their Capital Contributions. 3.4. Return of Capital Contribu1ions. Except as otherwise provided in this Agreement, no Interest Holder shall have the right to receive any return of any Capital Contribution. 3.5. Form o_fReturn of Capital. Ifan Interest Holder is entitled to receive a return ofa Capital Contribution, the Interest Holder shall not have the right to receive anything but cash in return of the Interest Holder's Capital Contribution. 3.6. Capital Accounts. A separate Capital Account shall be maintained for each Interest Holder. 3.7. Loans. Any Member may, at any time, make or cause a loan to be made to the Company in any amount and on those terms upon which the Company and the Member agree. ARTICLE IV PROFIT, LOSS AND DISTRIBUTIONS 4.1. Profit or Loss. After giving effect to the special allocations set forth in Section 4.3, for any taxable year of the Company, Profit or Loss shall be allocated to the Interest Holders in proportion to their Percentages. Page 6 9 • ol 4.2. Cash Flow from Operations. Cash Flow for each taxable year of the Company shall be distributed to the Interest Holders in proportion to their percentages no later than 75 days after the end of the taxable year. 4.3. Regulatory Allocations. The allocations set forth in Sections 4.3 .1 and 4.3 .2 are included to comply with the requirements of the Regulations. If allocations under such provisions are different from the allocations which would be made under Section 4.1, as appropriate, then the Members shall make appropriate allocations, consistent with the Regulations, so that the net allocations are, as much as possible, consistent with those under Section 4.1. 4.3.1. Qualified Income Offset. No Interest Holder shall be allocated Losses or deductions if the allocation causes the Interest Holder to have an Adjusted Capital Account Deficit. If an Interest Holder unexpectedly receives any adjustments, allocations, or distributions described in Regulation Section l.704-l(b)(2)(ii)(d)(4), (5) or (6) which results in or increases an Adjusted Capital Account Deficit at the end of any taxable year, then all items of income and gain of the Company for that taxable year shall be allocated to that Interest Holder, before any other allocation pursuant to this Section IV (other than those pursuant to Sections 4.3.2.1 and 4.3.2.1 ), in an amount and manner sufficient to eliminate such Adjusted Capital Account Deficit as quickly as possible. This Section 4.3.1 is intended to comply with, and shall be interpreted consistently 'With, the "qualified income offset" provisions of the Regulation Section l.704-l(b)(2)(ii)(d) and all other Regulation Sections relating thereto. 4.3.2. Minimum Gain. 4.3.2.1. Minimum Gain Chargeback Except as set forth in Regulation Section 1.704-2(£), if, during any taxable year, there is a net decrease in Minimum Gain, each Interest Holder, prior to any other allocation pursuant to this Section IV, shall be specially allocated items of gross income and gain for such taxable year (and, if necessary, subsequent taxable years) in an amount equal to that Interest Holder's share of the net decrease of Minimum Gain, computed in accordance with Regulation Section I .704-2(g). Allocations of items of gross income and gain pursuant to this Section 4.3.2.1 shall be made as described in Regulation Sections I. 704-2(f) and G). This Section 4.3.2.1 is intended to comply with, and shall be interpreted consistently with, the "minimum gain chargeback" provisions of Regulation Section 1. 704-2(f) and all other Regulation Sections relating thereto. 4.3.2.2. Member Minimum Gain Chargeback Except as set forth in Regulation Section l.704-2(i)(4), if, during any taxable year, there is a net decrease in Member Minimum Gain, each Interest Holder with a share of that Member Minimum Gain as of the beginning of such year, prior to any other allocation pursuant to this Article IV, shall be specially allocated items of gross income and gain for such taxable year (and, if necessary, subsequent taxable years) in an amount equal to that Interest Holder's share of the net decrease of Member Minimum Gain, computed in accordance with Regulation Section l.704-2(i)(4). Allocations of items of gross income and gain pursuant to this Section 4.3.2.2 shall be made as described in Page 7 BZ60tOt,SZt, Regulation Sections l.704-2(i)(4) and (i). This Section4.3.2.2 is intended to comply 'l'.ith, and shall be interpreted consistently with, the "minimum gain chargeback" provisions of Regulation Section 1. 704-2(i)( 4) and all other Regulation Sections relating thereto. 4.3 .3. Contributed Property and Book-ups. To the extent permitted or required by Section 704( c) of the Code and the Regulations thereunder, Regulation Section 1. 704-l{b )(2)(iv)( d)(3) and Regulation Section 1. 704-1 (b )(2Xiv)(t), income, gain, loss, and deduction with respect to any property contributed ( or deemed contributed) to the Company shall, solely for tax purposes, be allocated among the Interest Holders so as to take account of any variation between the adjusted basis of the property to the Company for federal income tax purposes and its fair market value at the date of contribution (or deemed contribution) under the rules of Regulation Section 704-J(b)(l). If the adjusted book value of any Company asset is adjusted as provided herein, subsequent allocations of income, gain, loss, and deduction with respect to the asset shall take account of any variation between the adjusted basis of the asset for federal income tax purposes and its adjusted book value in the manner required under Section 704( c) of the Code and the Regulations thereunder. 4.3.4. Election under Section 754 of the Code. To the extent an adjustment to the tax basis of any Company asset pursuant to Section 734{b) or Section 743(b) of the Code is required, pursuant to Regulation Section l.704-l(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the amount of the adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases basis), and the gain or loss shall be specially allocated to the Interest Holders in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to that Section of the Regulations. 4.3.5. Nonrecourse Deductions. Nonrecourse Deductions for a taxable year or other period shall be specially allocated among the Interest Holders in proportion to their Percentages. 4.3 .6. Member Nonrecourse Deductions. Any Member Nonrecourse Deduction for any taxable year or other period shall be specially allocated to the Interest Holder who bears the risk of loss with respect to the liability to which the Member Nonrecourse Deduction is attributable in accordance with Regulation Section l.704-2(i). 4.3.7. Guaranteed Payments. To the extent any compensation paid to any Member by the Company, is determined by the Internal Revenue Service not to be a guaranteed payment under Section 707(c) of the Code or is not paid to the Member other than in the Person's capacity as a Member within the meaning of Section 707(a) of the Code, the Member shall be specially allocated gross income of the Company in an amount equal to the amount of that compensation, and the Member's Capital Account shall be adjusted to treat the payment of that compensation as a distribution. Page 8 BZ6010t>SZt, 4.3.8. Recapture. In making any allocation among the Members ofincome or gain from the sale or other disposition of a Company asset, the ordinary income portion, if any, of such income and gain resulting from the recapture of cost recovery or other deductions shall be allocated among those Members who were previously allocated ( or whose predecessors-in-interest were previously allocated) the cost recovery deductions or other deductions resulting in the recapture items, in proportion to the amount of such cost recovery deductions or other deductions previously allocated to them. 4.3.9. Withholding. All amounts required to be withheld pursuant to Section 1446 of the Code or any other provision of federal, state, or local tax law shall be treated as amounts actually distributed to the affected Interest Holders for all purposes under this Agreement. 4.3.10. Other A/locations. All items of Company income, gain, loss, deduction and credit, the allocation of which is not otherwise provided for in this Agreement, including allocation of such items for tax purposes, shall be allocated among the Members in the same proportions as they share Profits or Losses for the taxable year pursuant to this Article IV. 4.4. Liquidation and Dissolution. 4.4.1. If the Company is liquidated, the assets of the Company shall be distributed to the Interest Holders in accordance with the balances in their respective Capital Accounts, after taking into account the allocations of Profit or Loss pursuant to Section 4.1. 4.4.2. No Interest Holder shall be obligated to restore a Negative Capital Account. 4.5. General. 4.5.1. Except as otherwise provided in this Agreement, the timing and amount of all distributions shall be determined by the Members. 4.5.2. If any assets of the Company are distributed in kind to the Interest Holders, those assets shall be valued on the basis of their fair market value, and any Interest Holder entitled to any interest in those assets shall receive that interest as a tenant-in-common with all other Interest Holders so entitled. Unless the Members otherwise agree, the fair market value of the assets shall be determined by an independent appraiser who shall be selected by the Members. The Profit or Loss for each unsold asset shall be determined as if the asset had been sold at its fair market value, and the Profit or Loss shall be allocated as provided in Section 4.2 and shall be properly credited or charged to the Capital Accounts of the Interest Holders prior to the distribution of the assets in liquidation pursuant to Section 4.4. 4.5.3. All Profit and Loss shall be allocated, and all distributions shall be made, to the Persons shown on the records of the Company to have been Interest Holders as of the last day of the taxable year for which the allocation or distribution is to be made. Notwithstanding the Page9 s·d foregoing, unless the Company's taxable year is separated into segments, if there is a Transfer or an Involuntary Withdrawal during the taxable year, the Profit and Loss shal\ be allocated between the original Interest Holder and the successor on the basis of the number of days each was an Interest Holder during the taxable year; provided, however, to the extent permitted under Section 706 of the Code the Company's taxable year shall be segregated into two or more segments in order to account for Profit, Loss, or proceeds attributable to any extraordinary nonrecurring items of the Company. 4,5.4. The Members are hereby authorized, upon the advice of the Company's tax counsel, to amend this Article JV to comply with the Code and the Regulations promulgated under Section 704(b) of the Code; provided, however, that no amendment shall materially affect distributions to an Interest Holder without the Interest Holder's prior written consent. ARTICLEV MAl~AGEMENT 5.1. General. The business and affairs of the Company shall be managed by the Members. 5.2. Meetings of and Voting by Members. 5.2.1. A meeting of the Members may be called at any time by those Members holding at least fifty-one percent (51 %) of the Percentages then held by Members, provided, that if there are only two members each have fifty percent (50%) the percentage is then held by members, the meeting may be held by any one of said members. Meetings of Members shall be held at the Company's principal place of business or at any other place in Seattle, Washington. Not less than ten ( l 0) nor more than ninety {90) days before each meeting, the Person calling the meeting shall give written notice of the meeting to each Member entitled to vote at the meeting. The notice shall state the time, place, and purpose of the meeting. l\otwithstanding the foregoing prm~sions, each Member who is entitled to notice waives notice if before or after the meeting the Member signs a waiver of the notice which is filed with the records of Members' meetings, or is present at the meeting in person or by proxy. Unless this Agreement provides otherwise, at a meeting of Members, the presence in person or by proxy of a majority of the Members holding not less than fifty-one percent (51 %) of the Percentages then held by Members constitutes a quorum. A Member may vote either in person or by written proxy signed by the Member or by the Member's duly authorized attorney-in-fact. 01 •d 5.2.2. Except as otherwise provided in this Agreement, the affirmative vote of a majority of the Members holding fifty-one percent (51 %) or more of the Percentages then held by Members shall be required to approve any matter coming before the Members. 5.2.3. In lieu ofholding a meeting, the Members may vote or otherwise take action by a written instrument indicating the consent of Members holding [a majority or specify otl1er percentage] of the Percentages then held by Members. Page 10 BZ6010t,SZt, 5.3. Personal Service. No Member shall be required to perform services for the Company solely by virtue of being a Member. Unless approved by the Members, no Member shall be entitled to compensation for services performed for the Company. Upon substantiation of the amount and purpose tl1ereof, t11e Members shall be entitled to reimbursement for expenses reasonably incurred in connection with the activities of the Company. 5 .4. Limitation of Liability and Independent Activities. 5.4.1. Limitation of Liability. The Members and their Affiliates shall not be liable, responsible or accountable in damages or otherwise to the Company for any act or omission by any such Person (which shall include any applicable entity) perfonned in good faith pursuant to the authority granted to such Person by this Agreement or in accordance with its provisions, and in a manner reasonably believed by such Person to be within the scope of the authority granted to such Person and in the best interest of the Company; provided, however, that such Person shall retain liability for acts or omissions that involve intentional misconduct, a knowing violation of the law, a violation of RCW 25.15.235 of the Act (in the case of Members only) or for any transaction from which tl1e Person will personally receive a benefit in money, property, or services to which the person is not legally entitled. 5.4.2. Independent Activities. Any Member may engage in or possess an interest in other business ventures of every nature and description, independently or with others, including, without limitation, the ov,nership, financing, management, employment by, lending or otherwise participating in businesses that are similar to the business of the Company, and neither the Company nor the other Members shall have any right by virtue of this Agreement in and to such independent ventures as to the income or profits therefrom and shall not be liable for a breach of duly of loyalty or any other duty. 11 •d 5.5. lndemnification 5.5. 1. Indemnification. (i) To the fullest extent permitted by applicable law, a Member and each director, officer, partner, employee or agent thereof ("Covered Person'') shall be entitled to indemnification from the Company for any loss, damage, or claim incurred by such Covered Person by reason or any act or omission performed or omitted by such Covered Person in good faith on behalf of the Company and in a manner reasonably believed to be within the scope of authority conferred on such Covered Person by this Agreement, except tl1at no Covered Person shall be entitled to be indemnified in respect of any Joss, damage or claim incurred by such Covered Person by reason of gross negligence, bad faith, or willful misconduct with respect to such act or omissions;provided, however, that any indemnity underthis Section 5.5.1 shall be provided out of and to the extent of Company assets only, and no other Covered Person shall have any personal liability on account thereof. 5.5.2. Notice. In the event that any claim, demand, action, suit or proceeding shall be instituted or asserted or any loss, damage or claim shall arise in respect of which indemnity may be Page 11 BZ6010t,SZt, --- -- sought by a Covered Person pursuant to Section 5.5. l, such Covered Person shall promptly notify the Company thereof in writing. Failure to provide notice shall not affect the Company's obligations hereunder except to the extent the Company is actually prejudiced thereby. 5.5.3. Contest. The Company shall have the right, exercisable subject to the approval of the disinterested Covered Persons, to participate in and control the defense of any such claim, demand, action, suit or proceeding, and in connection therewith, to retain counsel reasonably satisfactory to each Covered Person, at the Company's expense, to represent each Covered Person and any others the Company may designate in such claim, demand, action, suit or proceeding. The Company shall keep the Covered Person advised of the status of such claim, demand, action, suit or proceeding and the defense thereof and shall consider in good faith recommendations made by the Covered Person with respect thereto. 5.6. Arbitration of Deadlock. If any vote is required on any matter under this Agreement, and there are neither sufficient votes to approve nor disapprove of the matter, then either party may require that the matter be submitted to arbitration in accordance with the rules of the American Arbitration Association. ARTICLE VI TRANSFERS 6.1. Transfers. An Interest Holder at any time and from time to time may Transfer all or any portion of the Interest Holder's Interest to the persons named in 6.1.1 below. The Transfer of all or a portion of an Interest does not entitle the transferee to become a Member or to exercise any rights of a Member. The transferee shall be entitled to receive, to the extent transferred, only the distributions to which the transferor would be entitled, and the transferee shall not be admitted as a Member unless the Members unanimously consent. 6.1.1. Transfer to Affiliates and Family. Notwithstanding anything in this agreement to the contrary, any Member and any interest holder may, at any time, and from time to time, transfer all, or any portion of, or any interest or rights in, the Member's interest, the membership rights or the interest holder's interest or rights to (1) any other Member or interest holder, (2) any Member of the Member's family, or (3) any affiliate of the Member. 6.2. Voluntary Withdrawal. No Member shall have the right or power to Voluntarily Withdraw from the Company, except as otherwise provided by this Agreement. 6.3. Optional Buy-out in Event of Involuntary Withdrawal. 6.3.1. If the Members elect to continue the Company after an Involuntary Withdrawal, the withdrawn Member shall be deemed to offer for sale (the "Withdrawal Offer") to the Company all of the Membership Rights owned ofrecord and beneficially by the withdrawn Member (the "Withdrawal Interest). Page 12 saso101,sa1, -. 6.3.2. The Withdrawal Offer shall be and remain irrevocable for a period (the "Withdrawal Offer Period") ending at 11 :59 P.M., local time at the Company's principal office on the sixtieth (60th) day following the date the Members elect to co11tinue the Company. At any time during the Withdrawal Offer Period, the Company may accept the Withdrawal Offer by notifying the withdrawn Member (the "Withdrawal Notice") of its acceptance. The withdrawn Member shall not be deemed a Member or Manager for the purpose of the vote on whether the Company shall accept the Withdrawal Offer. 6.3.3. If the Company accepts the Withdrawal Offer, the Withdrawal Notice shall fix a closing date (the "Withdrawal Closing Date") for the purchase which shall be not earlier than ten (10) or later than ninety (90) days after the expiration of the Withdrawal Period. 6.3.4. lfthe Company accepts the Withdrawal Offer, the Company shall purchase the Withdrawal Interest for a price equal to the amount the withdrawn Member would receive if the Company were liquidated and an aniount equal to the Appraised Value were available for distribution to the Members pursuant to Section 4.4 (the "Withdrawal Purchase Price"). The Withdrawal Purchase Price shall be paid in cash on the Withdrawal Closing Date. 6.3.5. If the Company fails to accept the Withdrawal Offer, then the withdrawn Member or the withdrawn Member's successor, as the case may be, upon the expiration of the Withdrawal Offer Period, thereafter shall be treated as the unadmitted assignee of a Member. ARTICLE VII DISSOLUTION 7.1. Events of Dissolution. The Company shall be dissolved upon the happening of any of the following events: 7.1.1. When the period fixed for its duration in Section 2.4 has expired; 7 .1.2. Upon the unanimous written agreement of the Members; or 7.1.3. Upon the occurrence of an Involuntary Withdrawal, unless the remaining Members, within ninety (90) days after the event or occurrence, unanimously elect to continue the business of the Company pursuant to the tenns of this Agreement. 7.2. Procedure for Winding Up and Distribution. If the Company is dissolved, the remaining Members who have not wrongfully dissolved the Company shall wind up its affairs. On winding up of the Company, the assets of the Company shall be distributed, first, to creditors of the Company, including Interest Holders who are creditors, in satisfaction of the liabilities of the Company, and then to the Interest Holders in accordance with Section 4.4 of this Agreement. Page 13 £ t • cl 8.lSO t 01,SiH• ARTICLE VIII BOOKS RECORDS AND ACCOUNTING 8.1. Bank Accounts. All funds of the Company shall be deposited in a bank account or accounts opened in the Company's name. The Members shall determine the institution or institutions at which the accounts will be opened and maintained, the types of accounts, and the Persons who will have authority with respect to the accounts and the funds therein. 8.2. Books and Records. The Members shall keep or cause to be kept complete and accurate books and records of the Company and supporting documentation of transactions with respect to the conduct of the Company's business.111e books and records shall be maintained in accordance with sound accounting practices consistently applied and RCW 25.15.135 and shall be available at the Company's principal office for examination by any Member or the Member's duly authorized representative at any and all reasonable times during normal business hours. 8.3. Annual Accounting Period The annual accounting period of the Company shall be its taxable year. The Company's taxable year shall be selected by the Members, subject to the requirements and limitations of the Code. 8.4 Reportr 8.4.1. Annual Report. The Members shall file an annual report as required by the Washington Secretary of State. 8.4.2. Reports to Members. Within seventy-five (75) days after the end of each taxable year of the Company, the Members shall cause to be sent to each Person who was a Member at any time during the taxable year then ended a complete accounting of the affairs of the Company for the taxable year then ended. In addition, within seventy-five (75) days after the end of each taxable year of the Company, the Members shall cause to be sent to each Person who was an Interest Holder at any time during the taxable year then ended, that tax information concerning the Company necessary for preparing the Interest Holder's income tax returns for that year. At the request of any Member, and at the Member's expense, the Members shall cause an audit of the Company's books and records to be prepared by independent accountants for the period requested by the Member. 8.5. Tax Matters Member. Gordon A. S. Capretto shall be the Tax Matters Member of the Company and shall have all the powers and responsibilities of a "tax matters partner" within the meaning of Section 6231 of the Code. v 1 •d 8.6. Election under section 754 of the Code. At the request of an assignee of a Member's interest who is admitted as a substitute Member, the Members shall cause the Company to file an election under Section 754 of the Code. Page 14 e,rno 101,szv 8. 7.Title to Company Property. 8.7.1. Except as provided in Section 8.7.2, all real and personal property acquired by the Company shall be acquired and held by the Company in its name. 8.7.2. The Members may direct that legal title to all or any portion of the Company's property be acquired or held in a name other than the Company's name. Without limiting the foregoing, the Members may cause title to be acquired and held in their name or in the names of trustees, nominees, or straw parties for the Company. It is expressly understood and agreed that the manner of holding title to the Company's property (or any part thereof) is solely for the convenience of the Company and all of that property shall be treated as Company property. ARTICLE IX MISCELLANEOUS 9. l. Assurances. Each Member shall execute all certificates and otl1er documents and shall do all such filing, recording, publishing, and other acts as the Members deem appropriate to comply with the requirements of law for the fonnation and operation of the Company and to comply with any laws, mies, and regulations relating to the acquisition, operation, or holding of the property of the Company. 9.2. Notifications. Any notice, demand, consent, election, offer, approval, request, or other communication ( collectively a "notice") required or permitted under tllis Agreement must be in writing and eitller delivered personally or sent by certified or registered mail, postage prepaid, return receipt requested. A notice must be addressed to an Interest Holder at the Interest Holder's last known address on tlle records oftlle Company. A notice to tlle Company must be addressed to the Company's principal office. A notice delivered personally will be deemed given only when acknowledged in writing by the person to whom it is delivered. A notice that is sent by mail will be deemed given three (3) business days after it is mailed. Any party may designate, by notice to all of the others, substitute addresses or addressees for notices; thereafter, notices are to be directed to those substitute addresses or addressees. 9.3. Specific Performance. The parties recognize tllat irreparable injury will result from a breach of any provision of this Agreement and that money danmges will be inadequate to remedy the injury fully. Accordingly, in the event of a breach or threatened breach of one or more of tl1e provisions of this Agreement, any party who may be injured (in addition to any other remedies which may be available to that party) shall be entitled to one or more preliminary or permanent orders (i) restraining and enjoining any act tliat would constitute a breach or (ii) compelling the performance of any obligation that, if not performed, would constitute a breach. 9.4. Complete Agreement. This Agreement constitutes the complete and exclusive statement of tlle agreement among the Members. It supersedes all prior written and oral statements, including Page 15 S 1 • d BZS010t,SZt, any prior representation, statement, condition, or warranty. Except as expressly provided otherwise herein, this Agreement may not be amended vvithout the v.Titten consent of all of the Members. 9.5. Applicable Law. All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Washington. 9 .6. Section Titles. The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Agreement or the intent of the provisions hereof. 9.7. Binding Provisions. This Agreement is bindiug upon, and iuures to the benefit of, the parties hereto and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns. 9.8. Jurisdiction and Venue. Any suit involving any dispute or matter arising under this Agreement may only be brought in the United States District Court for the Western District of Washington or any Washington State Court having jurisdiction over the subject matter of the dispute or matter. All Members hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding. 9.9. Terms. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the identity of the Person may in the context require. 9. I 0. Separability of Provisions. Each provision of this Agreement shall be considered separable; and if, for any reason, any provision or provisions hereiu are determined to be invalid and contrary to any existiug or future Jaw, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid. 9. l 1. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which, when taken together, constitute one and the same document. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. 9 .12. Estoppel Certificate. Each Member shall, within ten (10) days after ·written request by any Member, deliver to the requesting Person a certificate stating, to the Member's knowledge, that: (a) this Agreement is in full force and effect; (b) this Agreement has not been modified except by any instrument or instruments identified in the certificate; and ( c) there is no default hereunder by the requesting Person, or if there is a default, the nature and extent thereof. 9.13. Amendment. This Agreement may be amended by a vote of the members holding 66- 2/3% percent of the capital accounts of all of the Members,provided however that no amendment which materially reduces the distributions which may be made to a Member or changes the Profit or Loss allocation to such Member may be made without such Member's consent. Page 16 91 • d Berno 101,s21, IN WITh1ESS WHEREOF, all of the undersigned Members have signed this Agreement as of the date first above written. Signature Print Name: Address: Taxpayer ID: Signature Print Name: Address: Taxpayer ID: uJU,&~ William C. Johns 1723 127'h Avenue SE Bellevue, WA 98005 473-56-5587 Susan E. John ~n 1723 127d' Avenue SE Bellevue, WA 98005 516-54-6654 Page 17 l 1 . d dee :z1 so 11 llnlJ ·-- Member/ Address William C. Johnson 1723 121' A venue SE Bellevue, WA 98005 Susan E. Johnson 1723 127" Avenue SE Bellevne, WA 98005 Page 18 EXHIBIT A Members Contribution Tax ID Nmnber $500 473-56-5587 $500 516-54-6654 Percent Ownership Interest 50'/o 50% ExhibitB CERTIFICATE OF FORMATION OF LUMMI GROUP, LLC This Certificate ofFonnation ofLummi Group, LLC is to be filed with the Washington Secretary of State pursuant to RCW 25. 15.070. 1. The name of the limited liability company is Lummi Group, LLC. 2. The name and geographic address of the initial registered agent of the limited liability company are as follows: Stanton M. Cole I 107 NE 45• Street, Suite 330 Seattle, WA 98105 3. Tue geographic address of the principal place of business of the limited liability company is 1723 127" Avenue SE, Bellevue, WA 98005. 4. The latest date on which the limited liability company is to dissolve is November 10, 2031. 5. The limited liability company shall be managed by its Members. 6. The name and address of the persons executing this certificate are William C. Johnson and Susan E. Johoson. IN WlJNESS WHEREOF, I have signed this Certificate ofForrnation this ~Ot/aay of November 2001. Page 19 S'TI\TE of 'WASHING'ION SECRETARY of S'I'ATE I, SAM REED, Secretary of SUlte of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF FORMATION to LUMMI GROUP, LLC A Washington Limited Liability Company. An application was filed for record in this office on the date indicated below UBI Number: 602 164 399 Date: November 29, 2001 Given. under my hand and the Seal of the State of Washing/011 at Olympia, /he Stale Capital ' January 5, 2005 Pursuant to Article 6.1 "Transfers" and Article 6.1. l "Transfers to Affiliate and Family", I hereby transfer to Susan E. Johnson my 50% interest in Lummi Group LLC. This transfer shall be effective January 5, 2005 w£L'rLL_,...__ William C. Johnsonr Article II -Organization Lummi Group, LLC ''2.3 Purpose" shall be amended to read as follows: March 29, 2006 The company is formed for the purpose of acquiring, investing in, developing, maintaining, financing, improving upon, renting, and operating real property in the State of Washington and Idaho. The company hereby specifically grants Susan E. Johnson power to buy, sell, and finance real estate on behalf of the company. Susan E. Johnson, member . I I I LUHHl GROUP, LLC C/0 SUSAN E JOHNSTON 2820 LAKE WASHINGTON BLVD N RENTON WA 98056 DETACH BEFORE POSTING 001530 ',--- r1 /'j t1, ~ ~ Unified Business ID I: 602 164 399 '~· LUMMI GROUP, LLC 2820 LAKE WASHINGTON BLVD N RENTON WA 98056 Domestic Limited Liability Company Renewed by Authority of Secretary of State Business ID I, 1 !: ,,,) Expires, 11-30-2007 J, I I I jl/ 11, i I Hi , I ! I I : I I I ' 1, .1 ;,,I I Neighborhood Detail Map ® King County Garden of Eden Lot Line Ad"ustment R-8 ( Jl42H.14-045 \ 33•1:!1~6._ Lake Washington + 2820 Lake Washington Blvd N Renton, WA 98056 CHS Engineers, LLC Garden of Eden Lot Line Adjustment R-8 J't~'':?,, r·,·f J:H2~QJ-J-H11 :.,l," i·;;j :3q:mH54 .1:Hr:1~~,,41 '· •~ 'tXJ!)4(i 3:1,t;'1'J0-530 :·_,I,;\'' !L ,}J,fJ f::)0$1.:i :n,:t:(lJJ5J.:: '.ii: J;J4;r !t'J/]5 :,, JJ,J;J,tJ[llJ6 J341H.P.J11U j; R,8 JJ4:?/£11J62:i ..i-JAJtiJ!tWJ JJ4r1a&:s :JJ11;:rn:JlfJt1 J.l4.tJtr.JtWe. :1$4,f5'JC-;.•90 J6.;.f~,)ti:?2'3 .'M-'£0'):!d!J /114450:130!} !1544$0,.)JY.1 !'3-'4!"'J01 ! Ll' 75-4'.f!X'..l!J f ,l/J 10<44.000/.;,EJ · r 54.J&,.:nnr.o DEVELOPMENT PLANNING CITY OF RENTON JAN 2 6 2007 RECEIVED Printed: 01-26-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-011 Receipt Number: Total Payment: 01/26/2007 10:31 AM 450.00 Payee: LUMMI GROUP LLC Current Payment Made to the Following Items: Trans Account Code Description Amount Ei015 000. 345. 81. 00. 0012 Lot Line Adjustment 450.00 Pa)•ments made for this receipt Trans Method Description Amount Payment Check 1076 4SO. 00 Account Balances Trans Account Code Description Balance Due J021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees •;007 000. 345. 81. 00. 0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees ~iOlO 000. 345. 81. 00. 0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees (;015 000. 345. 81. 00. 0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone :5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev •,020 ooo. 345. 81. 00. 0017 Site Plan Approval !5021 000.345.81.00.0018 Temp Use or Fence Review !5022 000.345.81.00.0019 Variance Fees ',024 000. 345. 81. 00. 0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0700334