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LUA96-164 Volume 1 of 2
unapter i i.s-du wtii., Laureen Nicolay-Williamsburg Condominium Timeline From: "Kelly Morrow"<kmorrow@corkeamento.com> To: "Laureen Nicolay"<Lnicolay@ci.renton.wa.us> Date: 05/01/2007 7:25 PM Subject: Williamsburg Condominium Timeline Good morning Laureen, Thanks for following up with us regarding our timeline. I just spoke with Jens Johanson who has been the Construction Manager for the Williamsburg remediation, he said he plans to be it touch with you in the next couple of weeks. I passed on your contact information so you can expect to hear from him soon. Thanks again, Kelly Kelly L. Morrow Dir 206.957.4717 •. °- Fax 206.224.4722 i ' 710 2nd Avenue,Suite 820 Seattle,Washington 98104 I CORKS AMENTO INC. I Improving the Construction Process Website ♦ Map •vCard • � I I I 12/06/00 CIrl _.: OF RENTON -'‘.- - , 4$ Ezz, C PlanninWBuilding/PubliCWorks Department Gregg Zimmerman P.E.,Administrator NU • + ' Kathy Keolker,Mayor • March 12, 2007 Kelly Morrow Cor1ce Amento, Inc. 710 2nd Avenue#820 Seattle, WA 98104 . . -Subject: City Approval of Wetland/Stream Rep,ort&Buffer Mitigation Plan for . . . Proposed Trenching/Qeotechnical Work on Building Foundation - Retaining Walls at Williamsburg Condominiums City Land Use File#LUA9.0-164 . . Dear Ms.Marrow: . , : Mitigation Plan Approved: This letter is sent to advise you that the revised March I, • - 2007 AquatiCa Environmental Consulting "Wetland/StreamReport and Buffer Mitigation Plan" has been approved by the City: i have enclosed an approved copy of - the report for your records, In order for you to proceed with your project,the Icily still needs to issue you two items: A Certificate O l'Criticat AreaS Exemption and a Construction Permit to :actually authorize the trenching work ,- , . Critical Areas Certificate of Exemption We are ready to issue the critical areas certificate of exemption upon receipt of the fallowing items: - ' • 1.. Draft.Contract Please provide me with a signed bid proposal for the I. installation of plantings and any other the mitigation measures indicated in the approved mitigation plan. Once we have reviewed and approved the clrafthid.,,I .. I will request a final signed copy of the installation contract Pursuant to Renton Municipal Section 4-3-050M17,,the amount of the required performance security, • , ' will be 150%of the cost of the installation. .. . 2. PerformanCe surety: Pursuant to-12.MC 4-1-230C, acceptable surety devices are: 1, , Cash; or 2. Letter of credit (sample enclosed);p • . . ___----7i.......,-...... 1055 South Grady Way-Renton,Washington 98055 RENTON -.- - AHEAD OF THE CURVE 3. Set aside letter; provided, that the funds cannot be withdrawn,spent, or committed to any third party(sample enclosed); or 4. Savings account assigned to the City and blocked as to withdrawal by the secured party without the City's approval. Construction of Permits In order for us to issue the required construction permit (application enclosed), your performance surety device and your Critical Areas Exemption must first be approved and issued by the City. Please submit the Construction Permit application package to the Development Services Division's 6th floor counter. Future Requirements--Post-Construction Maintenance/Monitoring Surety: Once the mitigation is successfully installed,and verified by the project biologist, the City will request a maintenance and.Monitoring surety device from the applicant prior to finalization of the Construction•Permit. Please see my previous February 19th letter (copy,enclosed) for more details on the maintenance and monitoring surety device. Please submit one copy of your:.draft mitigation installation contract to my:attention and your construction permit applicationto theattention of Arrieta Henninger of the 6th • floor customer service counter.. Pleasefeelrfree:to.contact"me at 425-430-7294 if you- have any questions regarding this letter. Sincerely, Laureen Nicolay,'SeniorPlanner Development ServicesDivisior cc: Arneta.Henninger Jennifer Henning Neil Watts -S, o CITY OF RENTON . •,its `© • PlanningBuildiug/PublicWorks Department • - '� Gregg Zimmerman P.E.,Administrator. Kathy Ke.olker,Mayor 1VT February 19,2007 Kelly Morrow Corke Amento,Inc. . . 710 2nd Avenue#820 - - Seattle,WA 981,04 . . Subject: Final Changes Needed to Wetland/Stream Report&Buffer.Mitigation : Plan for Proposed Trenching/Geotechnical Work.on Building:-. : . Foundation Retaining Walls at Williamsburg Condominiums; - • City.Land,Use File.#LUA96-164 _ : I Sear'Ms.Morrow: : : ;.: Thank yoi..for the.-submitting.the;AquaticaEnvirc nmental Consulting:."Wetland/Stream. !. . ;Report and Buffer..Mitigation;Plan":dated•January 29 .2001 and:received by_the.City on • February 9,2007; This report addressesrthe majority of the issues raised-in-My letter of r Janu 12. : . However,I do still need two:more changes 1.:Clarifications:Regarding.Additioir.of Splash Pad :Since"My last review-,: the,mitigation:plan;has:been:amended to include a 10'by:10' quarry:spail.splash . . - pad in:tbe:NW corner of the site abutting the::wetland, Because this:will be a. permanent.mipact'to.the wetland buffer,those•sections of the'report which state .. ,that,there will beano permanent buffer (Sections:3:0 and.3.1)will need'. to be revised to reflect this;ehan of e. to state similar to . No permanent " g ( impacts except for:the splash pad.Which we have mitigated for-by. : .).:: ' . . i e emajon o your project.will-be exempt f under - g; . . al .m ., saintenance and construction, existing uses and facilitiesthe quarry pl j splash pad instead would likely be exempt under RMC 4-3-050C7aii;a section : . : . of the code permitting storm drainage-outfalls•wit in•wetland buffers:. 2: Consistency of Section 9,Performance Guarantees,with City _ Regulations: This Section and also Exhibit C needs to be amended to comply 1 •. • with City of.Renton requirements.as requested in item 7 of my previous letter `:; • (attached). We do riot require the report to contain the information included in 1055 South Grady Way-Renton,Washington 98055 E N 1 0 -_ • Exhibit C,so for the sake of expediency in getting your mitigation report . approved, you may wish to omit this information from the report and-submit it. •., . . " separately.. . -. • : " :Surety Device Process c..To further clarify,we will need two separate surety devices • and we do not provide partial releases of either. Pursuant"to R1vMC 4-1-230C,:acceptable: • • surety devices are: • • �• : .. ' :.'•. - :2:. ` Letter"of credit(sample enclosed);•or ` : . . 3.: Set aside letter;provided;.that.•the funds. cannot be-withdrawn; spent,or ... - "' . . . committed:to.any third party.(sample'enclosed); or • - .-: '.4. ' Savin��s''account assi ty by g gned to:the Ci and blocked as to:withdrawalthe :::I. - - : secured"party without the-City's.approval: : '- • : - ; 1st Step--Performance surety:•' Once;the mitigation-:plan and report.are revised_and.• . .:--.: • . approved.by the:City,we will request a signed bid,proposal for-the installation�of • .l -..,., : . `y g?.: .'`, • .,. ..... :.-: •-:if • ,plantings and'any,`other:the..mifigation•m,��u?�es•and a securi device ensurin • .i,". installation of the'plantings. Pursuant to..Re toi M`unic p` ," z" -_ •" ,� ;�p� ,� " i i al-Section4-3-OSOIVLI 7 'the: : amount'of_the required'""•of orma cesecu is"150%,o`fthe cost'"of the installatio 0 M, nitorin- 'an i t -�c"- - g �.n e",a e.la`er..ipd-Start.pafe -ce'tlie:rnti "ationl.ro'ect'.':i` has:been instal d- "lease$ rovide:me with the w"°tland c�Q,nsult t's'.written i ::confirmation••o1 install�'atio. tars . fi_ thenal a rove "miti - tion;:`lan' e,: :::.I date:the'Cit. 'r=cei ves.thisi". en rig t n:will:consti to the_y ,4 ],.? ririaa to e. beginning of 'the minimum"5-y•eui-.maintenance gponttoringiYp od: • .• r.j" • • - =2nd:-Ste IVlaint nance/Nlori oring.,S .: •'& nce .o.. . i,• p � ,,- .�. g �ety :�, th�'r�uitigation is successfull•y: installed and verified b..:t e: ro ect°biolo ist the Cit t a maintenance'artd �..-: :•- monitoring.suret device�,fio _:a�, licant.:'Wewill�rel, setlie:��erformance:`suret ,: ';" . .,:' ;once we have them nt n �" n su ai o ce,�c�ri�io 'toitin sure. `:�o Hier clan ���: • ••• Contract Requirements for 2� Sutr ;1 C.4-3-050 :reG2 tiires'that "fora• . ...- . . wetl ..,� atY q. an d•aridlor•streain/lake mitigation plans,the•[maintenance.ar d":monitoring) :. - surety device:shall besuff cient to•.Quararitee that structures;irriproveinents; and "I' .'.. mitigation required by;permit:condition:perform.satisfactorily:for a min mum:'o '- :.'.' , i,.. 'five-(5)years after they have.been completed:" `In•order to approve.your draft : ::: ' maintenance"and momtoring.contract(s),we will need to"see•language 'the. • I : draft contract(s) clearly statingthat"the'cost of plant inaintenance'and •. .. • 'i . • ' • . • replacement of all:failed•mitigation plantings is included [e.g.:add provisions for. plant and sign replacement and:weed"removal.referencing:compliancewlth the ` . j - ". - ::survival rates noted in the. (still to be,approved) final approved wetland. - • • - . mitigation plan.j'•Please obtain"a draft contract for only the maintenance ofthe ' , - mitigation areas that is separate(from.your-contract,for the installation of the _ - J': • plants/mitigation. •• �' • City Review of Contract-Required: Once the City approves a`draft: " maintenance and. monitoring contract,this must.be followed.up with a final • ' ' contract signed by all.parties(e:g.homeowners association and the : • • biologistilandscaping company). Once you:have a faznal,:signed, City-;approved • • maintenance and-monitoring:contract for this work -We will let, du know the total.Surety amount(125%of the contract per adrninistrative;determination).. • . Please:submit two copies of your final plan and report to my attention.so'that.we can approve them and•issue.your,Cntical Areas Exemption Certificate for the proposed -: :- _ work. Please feel free to contact nee at425=430-7294:ifyou;have any`questions . regarding,thi s:letter. Sincerely,_ ' ' ;/;l ��� Laitreeri'Nicola Senior: ,�l' ; =„" :'��_ „ Development e DiviQ� on ,:;y " Seivic s°,- cyy � e - A%%" �,.' �� ;jj.»•�. - :is xYs+: s �y - .4- p'-,:.i�~,"✓�'" e`.JWaS•St' •� 4 Ak': • cc A uatica`Environiriental" "g, ��-x-�'- 'AA , 9 • -•- - : 'enclosures : ;. . PLANNINc DEVBSr OF R IrON artAQUATICA Environmental Consulting, LLC FEB - 9 2007 21214 Rimrock Road Monroe, WA 98272 RECEIVED Letter of Transmittal DATE: 2/6/07 TO: City of Renton;Attn: Laureen Nicolay FROM: Teresa Opolka Aquatica Environmental Consulting, LLC Phone: 425-802-8988 REFERENCE: Williamsburg Condominiums -Renton, WA ENCLOSED: Critical Areas Report—3 bound copies Laureen, • Attached are revised reports for the Williamsburg project. I didn't initially get your letter with all of your comments. I have included all your comments, including the hydrology analysis in this document. Wetlands were created north of the building back when it was built, in fact I was the one that did the 5 years of post-construction monitoring for this project. Incidentally, the wetlands look pretty good. I did delineate the outer edges of this wetland area, and it is now depicted on the map. The wetland area itself is a wetland mosaic,with several small ponds and wet areas separated by small upland areas. Since there will be no construction activities in this area, only the outer boundaries were flagged. Teresa Opolka Chapter 1 /3-bU WAL Laureen Nicolay- Re: Williamsburg Condominiums From: Laureen Nicolay Toi Morrow, Kelly Date: 01/25/2007 5:19 PM Subject: Re: Williamsburg Condominiums Th nk you Kelly. No, I don't need anything more as far as a hydrologic analysis, but I still need the other items noted in my January 12th letter. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425) 430-7294 Fax: (425) 430-7231 Inicolw@ci.renton.wa.us >>> "Kelly Morrow" <kmorrow@corkeamento.com> 1/24/07 11:23:50 AM >>> Hello Laureen, Attached is a pdf of the hydrologic impact letter that you requested from our biologist, Teresa Opolka. Let me know if there is anything else you need. Thanks, Kelly Morrow Kelly Morrow Corke Amento, Inc. 206.957.4717 direct www.corkeamento.com I • 12/06/00 _._f AQUATICA Environmental Consulting, LLC 21214 Rimrock Road Monroe,WA 98272 425-802-8988 20 January 2007 AQ06-044 Ms. Laureen Nicolay, Senior Planner City of Renton Department Services Division 1055 South Grady Way, 6th Floor Renton,Washington 98055 REFERENCE: Williamsburg Condominiums (LUA96-164)—Renton,WA SUBJECT: Hydrology Analysis Dear Laureen: This letter is a supplement to the Stream/Wetland Report and Buffer Mitigation Plan prepared by Aquatica Environmental Consulting,LLC, dated December 12, 2006. At your request,this letter addresses the anticipated hydrologic impact of the installation of two interceptor drains near the condominium buildings in the vicinity of wetlands and a stream. Two interceptor drains are proposed to be installed; one drain immediately adjacent to the condominium buildings on both the west and east sides of the complex. Both drains will discharge into the wetlands located north of the condominium complex. To understand the effects of the drains,the project geologist and engineer(from GeoEngineers) were consulted for information regarding anticipated flow quantities in the drains and general water movement in the area. As a result of information from GeoEngineers as well as my own observations, negative impacts to the wetlands are not anticipated for following reasons: • The discharge point is following the natural direction of water flow on the site. In the present condition,water is getting trapped in the building foundation; with installation of the drains water will flow towards the wetlands. • The drains are expected to have relatively low flows, less than 5 gallons per minute (gpm). The drains may introduce slightly more water into the wetlands, although the low flow volumes should be rather insignificant compared to the overall large size of.the wetland system located north and west of the site. • The discharge points will be located in a relatively flat area thereby avoiding steep slopes and limiting possibility of erosion. The discharge area is also fully vegetated with both CITY OF RENTON RECEIVED JAN..2 5 2007 BUILDING DIVISION Ms. Laureen Nicolay 20 January 2007 Page 2 of 2 woody and herbaceous vegetation, which will further prevent erosion and any negative impacts to water quality in the wetland. • The drains will be located relatively shallowly, only affecting surface drainage in the vicinity of the buildings. Deeper groundwater movement will not be affected by the drains. • The drains will be picking up water that is flowing towards the buildings. Since this water is flowing towards the buildings,it is not providing significant hydrologic support to either the wetland located west of the complex, or the stream located east of the complex. In summary, due to the relatively small amount of expected water flow in the drains, topographical location of the drains in relation to wetlands/steam and the overall size of the wetlands; it is not expected that the project will have any adverse impact on wetlands or streams. I hope the above information,in addition to the previously submitted mitigation plan,thoroughly describes project impacts and mitigation. If you have any questions,please call me at 425-802- 8988. Sincerely, ("):61- Teresa Opolka Wetland Ecologist ti�Y o� OF RENTON es♦ PlanningBuilding/PublicWorks Department jN�O� Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator January 12, 2007 • • Kelly Morrow Corke Amento, Inc. 710 2nd Avenue#820. Seattle; WA 98104. • Subject: Wetland/Stream Report&Buffer Mitigation Plan. For Proposed Trenching/Geotechnical:Work'on Building Foundation Retaining Walls at Williamsburg Condominiums City Land Use File#LUA96-164 Dear Ms. Morrow: Thank you for the submitting the Aquatica Environmental Consulting "Wetlarid/Stream " Report and Buffer Mitigation Plan" dated December:12, 2006"and received by the City on January 2, 2007. I believe thatlhe.proposed-work discussed in the report could be : eligible for a certificateof exemption under RMC 4-3-05005g, "maintenance and construction, existing uses and facilitiee. However, in order to comply with City • critical areas regulations,I need:clarification on the following points: 1. The updated wetland-delineation submitted with the report.does not depict the created wetland area along the site's northerly boundary. This area was shown as required mitigation on the original development plan. Please clarify by'either adding this created wetland area to the delineation plan or discuss,in the report if the mitigation was never installed. 2. Please amend the text.of Section 3.0,'Proposed Project and Impacts on page 2 to omit references to previous critical areas regulations. Alternatively,;you could instead clarify that only the stream buffers•have increased since the project,was initially constructed and that the City approved the project's wetland buffers and wetland mitigation at that time(instead of stating that the project complied with wetland buffers in effect arthat time). 3. Please strike the following text from Section 4.0,Mitigation, on page 3; ", as this area was not buffer when the complex was originally built". 1055 South Grady Way-Renton,Washington 98055 RENTON AHEAD OF THECURVE Ms. Kelly Morrow January 12, 2006 Page 2 • 4. Please amend the text of Performance Standard C under Section 4.1 on page 4, the text of Section 7.1,Monitoring Reports on page 6, and the text of Section 9, Performance Guarantees,on page 8 to replace references,to a 3-year monitoring - period with the Renton requirement of 5 years. Pursuant to RMC 4-8- 120D23vii, ". . the compensation project shall be monitored for a period • necessary to establish that performance standards have been met, but not for a period less than five(5)years.". 5. Please.amend.the information on the table on under Section 7.0,Monitorin Program, to clarify what the asterisks;below the-table reference. 6. Please change the references=from "bond"to "surety device"throughout the. .. : , report.. Pursuant to RMC 4-31050G2aand,RMC 4-1-230C,the.City does.not acce t bonds for,the` •oses of critical areas;miti ation monitoring, P p� g. 7: The text of Section 9 Per ormance'Cuarantees; on page'8 needs to.be changed to clarify that rather than releasing'the,sureties in increments,we:will'require a separate'security;device for:the'initial`:mitigation workiinstallation of plants and an additional and separate device for`themonitonng and maintenance(which is held in its entirelyfor„the duratibn of the:monitoringtiperiod) 8. Please elaborate in•Sect on3:1:.;about the;potential°impacts of the trenching on wetland:and streain'hydrology aswell as temporary erosion controls proposed. ;' 9. Lastly,please elaborate in Section 3Jabout,tle temporary erosion controls. proposed to'protect the stream and wetland areas during the construction of the trenches. i look forward to receiving yourrevised plan and report Please feel free to contact me - at 425-430-7294•if you have any questions regarding this letter._ Sincerely; Laureen Nicolay, Senior Planner Development Services Division ' I o CI' OF RENTON • $'. ♦ Planning/Building/PublicWorks Department 0� Kathy Keolker,Mayor Gregg Zimmerman P.E.,Administrator rNT November 8, 2006 Kelly Morrow • Corke Amento, Inc. 710 2nd Avenue#820 'Seattle, WA 98104 • Subject: \Critical Areas Determination of Applicability for Proposed. " Trenching/Geotechnical Work on Building Foundation Retaining Walls at Williamsburg CondominiumsCity Land Use File#LUA96-164 Dear Ms. Morrow: Pursuant to Renton Municipal.Code Section 4-3-050C 1, you have requested a - determination of applicability.of the City's critical areas:regulations to your Proposed building repair project: an approximately 10' deep18"wide drainage interceptor along • • the perimeter of most of the condominium,buildings. According to,the plans submitted, in order to prevent further water intrusion to the buildings,"youpropose to trench within. .. approximately 25' of a Class 4 Stream•(Current minimum buffer is 35) and:within" approximately 35'of a Category 2 Wetland(current minimum buffer is 50')in orderto reduce flooding.potential. As part of.your original 1996.land-use application permit submittal package you.. •previously provided us with,streani and wetland studies indicating the location of the • stream and wetlands relative to your project. These studies,however, do not address the potential impacts of the'current trenching project or propose mitigation. : In order to approve any project within a critical area or buffer,the-City is required by, RMC 4-3-050C3 to first make a finding of the proposal's conformance with the critical. area regulations. The finding must be documented, in writing,in the project file.- RMC 4-3-050E3 authorizes the Administrator of the P/B/PW Department the authority to allow alterations of critical area buffers for activities determined by the Administrator to • - be exempt from the Critical Areas regulations. In order to issue a`letter of exemption. for a maintenance activity,RMC 4-3-050C4d requires that the Administrator shall find that: • i. The activity is not prohibited by this or any other chapter of.the RMC or State or Federal law or regulation; 1055 South Grady Way-Renton,Washington 98055 RENTON AHEAD OF THE CURVE •a.......cnoi I,no,---`----..�__ Ms. Kelly Morrow November 8,2006 Page 2 ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and;where applicable;.disturbed areas are immediately restored, unless the exemption is a wetland below the size thresholds pursuant to subsection C5f(i) of this Section; iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities;:revegetation with.native _ vegetation shall be required: v. If a hazardous"material, activity,and/or facility that is-exempt pursuant to this {. Section has a significant or'substantial,potential to degrade groundwater quality, then the Department Administrator may require compliance with the aquifer protection requirements of this'Section otherwise relevant to that hazardous material, activity, and/or facility Such determinations.will be based:upon site and/or chemical-specific data: I find that..I will need supplemental=ii formation,in'order to determine:whether-the. ro ect isexem t and/or will com ly with,th project p p y'; �' e:ab'ove criteria and the:requiremerts of the: 1 Critical Areas regulations in general: PleaseYhave,your biologist analyze your project 1 plans for.compliance with each"ofthe'above'items as:well as'the general criteria of 'P •.. .. g. I RMC 4-3-050M2 and M8.• : t Pursuant to-RMC 4-3-050C4c, a mitigation plan is required even for exempt actiyities unless waived!by the Director However,because I lack".the background information • I. . • required by RMC 4-3-050F6, Tani unable:to makethe";required findings without a final : 1 stream and wetland mitigation platf(addressing the above criteria and complying with RMC 4-2-120D) as.well as a supplemental stream study(complying with the requirements of RMC 4-2-120D).in order to authorize permits for your proposed . ; project. Please feel free to contact me at 425-43.0-7294. Sincerely, f Laureeri Nicolay, Senior Planner Development Services Division . i� CORKE AMENTO, INC. 710 2nd Avenue,Suite 820 Construction Management Seattle,Washington 98104 Dispute Prevention &Training .;;.'=, Tel 206.682.9722• Fax 206.224.4722 Dispute Resolution www.corkeamento.com Building Defects Investigation & Repair Improving the CITY OF RENTON RECEIVED Construction Process October 25, 2006 OCT 2 5 2006 Laureen Nicolay City of Renton BUILDING DIVISION City Development Services Dept. 1055 S. Grady Way Renton, WA 98055 Project: Williamsburg Condominiums—Required Approvals For Geotechnical Proposal Dear Laureen: The attached information packet outlines CorkesAmento's involvement with the Williamsburg Condominiums, provides an overview of the existing conditions at the site and the proposed geotechnical work needed to mitigate water intrusion at the building foundation retaining walls. Currently, the Williamsburg Condominium homeowners have water damage in their basements. It was concluded from Corke Amento's ("CAI's") 2004 investigation, that the damage was a result of negligence during the original construction of the condominiums (in 1999). CAI's.conclusion was based on consistent findings where the original installation did not meet original construction drawings or the 1994 UBC. Included in the attached information packet is a list of defects, a comparison of what was installed with what should have been installed, and our recommendations to repair the existing system. I hope this will clarify any questions you have had up to this point. If you have any further questions or documentation requirements please let me know. Sincerely, CORKE AMENTO, INC. • 1/(914,0ti Kelly L. orrow KLM:moh Enclosures: Information Packet 8341/City of Renton LTR 102506 Williamsburg Condominiums October 25,2006 i! ,^e Sheet A Page I `-, Site Plan of Water Leaks & CAI's Below-Grade Excavations I vycifoi vv 301 302 303 QE 201 202 203 Q101 102 103 vost r 2 3 4 s 0 1 iriNiiis 0 W Q Water Leaks 1999-PresentIWO • A, 1,N N N Excavations by Corke Arnento. i - w w w 10 D �//� - —I I-- 1�' 9 A 4 . 7 6 5 A in 4 .1 illIII3 2 1 CORKE AMENTO,INC. 710 Second Avenue,Suite 820•Seattle,Washington 98104•Phone 206.682.9722•Fax 206.224.4722•www.corkeamento.com Improving the Construction Process Williamsburg Condominiums October 25,2006 ' 44 Sheet B Page 2 Foundation Wall Drainage Drawings Improper vs. Proper Construction IMPROPERLY BUILT FOUNDATION WALL PROPERLY BUILT FOUNDATION WALL . . . .e.'44',,./.o''.."•;!':.',/,'1,/A .'1 i ,".".iy,..1 ,,,,i1,(ipt),ym. 1;;1-4,A41114' ";?-Y•-• ,,,z,..,,, ,41*,i,61.k,,,, . \, .:„ :7s:,, , -.; •, 1:•,, .z-,..1.:.',': .,„e;,'", .. t ;.,' .: , "!:.••': :, „',2,•,-.I„:',"2,!;',k; I', I',•,.-'4. ,-'-'-';',....,f:',"'i i - '10_, ':"..:,:,...' .., ,, ''.......,i, "...„:"...,V1,f,,, .,.. : ii',:',,,: •'. 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Ni,.'`• • .1 -— „ -- - , . .. : PERFORATED -'-'-',..1..b t ' -''" ''(F/V4"t"-'22.'. .,' • 't ' •''' '' ' - '' 1 PERFORATED; .'-'-',..-„4.,L1, ,,-,,, ''.,;;' ,,,-,,,:';:;,-;124,N,-,t.; ,-,,,,4. ,4. 4 .,,,.,,.: ,,! „., •--- , i . ,-7,77,— '--.-;-.--.,;,".. .-. ,';,:;;>1..r'K.',-, ' „ , 4% -., : F - . FOOTING DRAN• Pi - - •...t. ,','!,,I.''';t':',,V! ' • •- 't^r'":''''''''''''1=='-'''''-FOOTING DRAIN p.,4<---::".!---.'' ' ,r-•.4''•".:;;:-::::47,,,-..f,:i.i .'1 - ':- 'r . - . 'rii -;',,I; •":', ,:,,-,,,:',.2'.0* .,—.11 . ••:,- ,:",-- -A,. •,;„; ..; , ,,, •If,•,,;,!..';', ,,, ,,,,-40:4..,,,,:z:-,1,... ., ,-,- , • :-., - ii'• :', ".,::',.' l'''''-;,. ;-*,%;1 ', , „- .-: .. •;'• !,'•,,-;,.'"."1•;:4:,•",."•,..'?„. ."- ,,,,,';','",f....,,, ,..„;,, :,,,,,,,;„-.-.,....,s,_,,,„,,-, .,,,,,,.,4:,.... ;,_:%,,:,.! ,,,,,,, '',.. '- •''' ; .. • ,:i'''':',"•,-,' ;-'4'''' '"'.' .••••„!: .,4Se•-`!•'',. 1\-.1 ,'''••:.• " '---'"••k,,;t:',:',,1 :-,„•• ,, ,.•,i;.,,/ ;',, ,‘, , :•,•'-,'.,',.. ..:. :71,,,,• . _,„,„ .,,..., .,:& i ; ' "- '•'-•, ° ,--•;-' '7":`,`"?,, '," '4i,;-•I-:':'- ' ' ''' '''' ': CORKE AMENTO,INC. 710 Second Avenue,Suite 820•Seattle,Washington 98104•Phone 206.682.9722•Fax 206.224.4722•www.corkeamento.com Improving the Construction Process Itil rowrr Williamsburg Condominiums October 25,2006 1 Sheet C Page 3 Corks Amento's 2004 Investigation Water Leaks & Below-Grade Excavation '§ i, wY �• .,e;P • 'x e $ �, a� r.• t xz µ,n . .:'` w :;c ;s b A:..}� z�, . .,'� :,, . ;' ,- `"';u ".`$ 4), <,:: ,y •° , :`'.�., ',ems _ ..".^r•.e,,, I. . £':' >'t • 'r` ,k '�" r .4`,4 + riht .+s. i-. '1c.4 Yr 6. "l. t§ a,Ii',�+?� `*� ✓ : n ^ , gip s 1%, t '' ° �*���� r(. � t y �r iy�w r ^ � .x*x.> s��1.`i x tea, ' "' ,, ;. ,a''+ ,teE� """., ;. s. ' A. 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F i ,*r +s Tom:., .-, '.',�,,:;a-:;s. � r d• •..,,�y y�'Ys j zsK N �t�'".vr,. ;.,'7-'^'� ':<:,;,:n.M,: tri7. r y,. < xY s .� � ". s4 pf'a=+r'"',:r t:5s,�x'•F' �"t� .�sF.°�fi` 'w " , c4 ,r -a �t ,a• ',` � . . ''"�t:f?kt:' ;.. s F ,,,, ' ` ;,Y•q'tr(y�" ,t !r,Z )';,4,.. g..$* ' Y ../3, ; ire"- iv ` '�`��,�. R 'nt ,, ,h ... � s.�•, '�,Zs•,d'3%,•'"�:';, ;• ;A,?=':?:;v's' �»�r'�S"•^Sr"s';_ f-S€<F� ., .< �.�g�� �3`ye. M�' -- Note: The two small red circles at the top of this image mark areas where the black waterproofing Note: The large circle highlights soil infll where drainage rock should be present for proper foundation membrane has been damaged. This resulted from a rough concrete surface that was not properly wall drainage. "knocked down"and ultimately damaged the membrane. Note: The small red mark at the upper right of the image points out where the waterproofing membrane Note: the larger circle below highlights water that ponded of the foundation wall. This ponding is the cause terminates below grade. According to the 1994 UBC,below-grade waterproofing should terminate 6" of hydrostatic pressures that can damage the structure and lead to leaking. above grade to prevent surface water seepage. CORKE AMENTO,INC. 710 Second Avenue,Suite 820 Seattle,Washington 98104•Phone 206.6829722•Fax 206.224.4722•www.corkeamento.com Improving the Constroction Pmcas� Williamsburg Condominiums rs October 25,2006 fit Sheet D Page 4 - GeoEngineers Proposal Interceptor Drain Detail -Section 'z EXISTING GROUNOSURFACE E Jfee IJf c ' I is i€-'"{I-1 i-...'i f''i 16._� AFPROX 17 tr,/EI{''-i F ill_{I{"--iF1!�1. {. P v,� 1—II{-ii= ilk ��j TREtdGH eACKPIti: fl={11E11 - 11--1 E i i, E WIVE Soft.CAP ,+t.om�,,.. .:31;_,rir..-,.irti',',—I;.._..,i_ tJu°Ct poo¢` ?x:r�;t7.ix°:':t:•.Djaji,�v.},�a's} '0,C DEPTH TO ?P,OcA9".6..v=n o iWG'nO' BASE OF WALL' GRAVELBACKFILL, .'. R'a .. FORDRAINS t'r av"Mo (ate i5�L7 a°cC25 cG';4 iO�o,::aRP.9.D- "pYza*o0„^e(2 WSDOT SPEC S-01144), '�a 4i.O. ,7„4'b2,..0,d„;I;,%.Pr' ' °0b p.;l;4?4_r^ ,arr�:is..T,O �' 0 o'aa T° ,< xanoCtd.N1.1 Y,''..0 aU Q4.C,a'. l o,r,Y>.o,h:. °Pi6,r art, 0,1'.<.. ._-.........� .PERFORATED 4.DUB:PIPE. (SDR 95 SOLID WALL ORADSN12). ' . Z. NOT TO SCALE b • A i 2 , ✓ i I I' TRENCH DADEFlu. Typical S - Trench Detail � nq:", GRAVEL BACKFILL FOR DRAWS 'Williamsburg Condominiums e Renton,Washington c NOTES: ij 1• i baemtme'tip nvms.siWI.. thp.L 1k, GEOENGINEERS Figure 3 l x Q. a;teastt6Ferwrd pet AVM D1557. CORKE AMENTO,INC. 710 Second Avenue,Suite 820•Seattle,Washington 98104•Phone 206.682.9722•Fax 206.224.4722•www.corkeamento.com Improving the Construction Process SITE CONDITIONS: (GENERAL NOTES,SEE ALSO SHEET F) 1. The overlay diagram on the proposed location for this drain system if found on sheet E. Sheet F highlights the critical areas as they relate to building locations and the foundation retaining walls in question. 2. At the back side of buildings where the drainage ditch is being proposed,decks extend 4-feet from the building edge. This will require the ditch be a minimum of 5 1/2-feet from the building edge at deck locations. COPY TO: Laureen Nicolay,City of Renton Jens Johanson,CAI 2 1:®4. Williamsbul•Condominiums • • • October 25, 2006 Sheet E Page 5 - GeoEngineers Proposal Interceptor Drain Ditch Plan a"t w 0.+t'• raw*m - -- ___ __.--s=_ -S a'Y -i -_sHa7f3py �..".�..\ .•` - - I t% il _ ♦•..•�...`�,. `-.moo=_ Ei. �``\♦`•`` �‘.,�!\ ,rN\� \�" _ -;A=-----'- _________ --all' :�' 4•Tik:♦, 1 11, Q �� `., —_. `. _-- -�__SI - -I /� -'. -_}' - , _ iE- , T •f7A''I,'i i ri . SLL;� w Z 5' `i . - _ -^�r2 ,:.,...---E--- `,. •,®_' y _•. 1 . . r r/r ! y�t•' „`,`�` _may\ _ --_ - - --' -� � Y - _ t '� '.-D, ,t5 '- _ is - til - --f--/- • '- +-i r ''�f i r ' 14_ , 'a i- r DISCHARGE TO x ,,`N.,,•., ,t ,`t -1-- 9Q Ss 4,_ - - ' , o v 'tt .,s. ,.. , a r° II -'c�p•...' �:6 :G+r ,� L I-:x ,-�` �- 10 FT X 10 FT �`���`` �_ { • -,' -p0" ..� .. a ....,usin oggal ,hi o� QUARRY SPALLS `� .,,♦. _-- - ___ IP- •o•' r ��� /.rr',,•>� ��iA���� - Ilimilliwal P � SPLASH PAD J o \`,``�t`,` I�-- _--r ;; �`` O i� ,wf ® �` �� ' i t_ vsr mod"" I .m t ,� \```.�:\,,\:.,,,;`.` i r g-r® A i -''_R , rv,1. V ' - } ..e,oiw •e _-- ---' It ' �. Y'tYY6tt� 3E1 J f o .•`\\♦ \a,`ia; ; xira-y .•� rt ,N!•._�! -_•► 1• - '� �►a IyyCRril: lr Air r] 1 ,i i ' i i 1 i`' . ,.nu + R,S.. & , '.r :_r l- --� ;° ♦ , fa MI Z 00,1,11 i i 1to. i i i 1 r `- , - -- 0 i ,," , ', �.q'` ` - s•r 1, f l _ - r-. - L_ 07 Inn \11 a1,'..at r a i i 1 i ._ l r __-_ � q''�' d. .y a.r� ( " V t '_G 7 4' •----11111I,I,,a�,'�i,i�,11'1i `, t C +++i - au^} : . � •y /� �ON •®t1 , 1�ir -�S'-i'L-.. i aUjill 1 ,\r 1, ` , ' 1a i ���Ia�� t: `��w�'�,c.�-•.•-✓'I• 1���E • !_ 1 7�t- C E, .�� ..El 111191411 III • , ` •- allo i�� ` �, \ �ll: M _-_ rt.r1r •_iii ;'i ;"`N� a ' '--- t r , e �srw� \�• ` �.r�-'°y-_-r ��'�` / - - r,,;;;,i r r . _� ,1._AL.TJ ullir M"' ,..r Ia.r�l - "- , it 10' ffi 6, 411� i-. rn DISCHARGE TO rr I ,,;, I. ilal �- r -_ -. • ' � i =,' is,_ • i �� , .041 7 - ai ; ,i II Y. 9 i _ — _t•i�r"}z - _s `5= y,.., - ``✓'�4r�,�``\`{ _``I� s.�� 4♦1 3am�1 ',1\ '�II` r'� J CITY OF ON E CATCHMENT CB 2 1 - I 11„, -sl _ 'tea!! x` , l•, r 1 Mrir�`. • TED ►_� ♦ RENT $, . , '•'c ^-4r11• ._. .°r g. maw.omeRECEIVED Z ,r 1;; p r� bY,rnlf iu..''} - r: mac. '7=r r • _ 'if t't i„4,,, __71 ,�.` ., I\ a(t¢au� - '�r,....„,,....,..\,-, Ip j�,jy[-_ n1 `r "v at5c,D.` .-r- , �, ,��. ' �`' �`♦ It 1 � OCT 'i'rir, t:. F' Y I ., ti _ a~ " •.„.„., ` �IM � �r—cj— r L-._.� J-="- , -:pig ; r . $ , Py " `, r '��� - 2 5 200 %1',1`, � e+ I _• ` r ' r er �p/.r nr , r,l��,xr� ,,,,,.ant ,'��F i,art � C' 6 o .,, ` ,- ��,:/ -- - .:.' ,, ;,4; �_, �, ♦�.__.� ®�.=_ '_' , �I�.�- ti BULL �}(� J ,' \ :.'YlF]G �1 i -_,_ " l.. __..-_-..-._. - •h w ' (4 __I, _,� e,_-H -17 _1f�� � ' M �` D►NG DI Si o tk ` EL - _ -_.yam / 1.1.-7:::::-.11;„.........%_:: T: ` • 2 ,i ^' �► �'�� - f , / - `♦ �l-�ii�•- /.�� - � ,r"°" - `�` ` ice' �' 1rW _- 'ntr�.��. -fir- • DISCHARGE TO rn --cwa.r-- '�yv-, ��. �`- • :` � ``3:.,.-.j - « 7:1- .tea i- �Zl�}__.- �- CATCHMENT 4,ar Eds. ,..r...;.,,.,es.. ...:,:::......,....: N ---''"1-21-'''' ..-- --;—7T":r1:71-:::-t-Tr:t7:—vll:----:---t--17-41tr:;t24a:l'"e ':';':'li":' ' �' r `�`� r ` i r�� '-- - r / 'I '_:�'_ _ --_ ' �L _ i -' - .)s- :`-- -. -- /. -•-:-—�;,r ate- .. --__ �-'---7NCQLI,_ DRIVE_ N,E. i Site Plan o NOTES: LEGEND: O TRENCHED SUBDRAIN " 1.The locations of all features shown are approximate. (SEE FIGURE N 2.This drawing is for Information purposes.It is intended to assist in showing features discussed in an attached 3) Williamsburg Condominiums document.GeoEngineers,Inc.can not guarantee the accuracy and content of electronic files.The master file .....; DIRECTION OF FLOW - is stored by GeoEngineers,Inc.and will serve as the official record of this communication. Renton, Washington a gQ 0 50 - 1 1 GEOENGINEERS Figure2 0 EE Reference:Base drawing produced from image file of drawing SP1.1 "SITE I5 AN",dated June 29,1998, provided by Corke Amento. F E CORKE AMENTO, INC. 710 Second Avenue, Suite 820 • Seattle, Washington 98104 • Phone 206.682.9722 • Fax 206.224.4722 • www.corkeamento.com Improving the Construction Process tipy�®�, WiIIiamsbul :,ondominiums October 25, 2006 '� . - - _. Sheet F Page 6 �% Critical Area Overlay CITY OF RENTON Building Edge Conditions in Question Are Highlighted in Orange RECEIVE D OCT 2 5 2006 DIVISION * A,,,,,, ' _.. se ----_- - - >,~:;\i, gIJILI,IN(i sff 1i`W i _ __ ___ - 1K- -. .-.^ -_ _ __- -------------- { 1 ` ,. i _- a .t \\\ tea\ x \ - -to- -- %�..�.,,fillelMjhe =� -!4;,!.\: Wetland I' ti • Wetland C - - L� 1 _ mot' C 'r .e 1:1-!,' -' # !x t..f v N _ _Z _ ? ,�, 'a ;., , . �� ISCHARGETOV ` ,� '�,-� 'i!��+ xt o 40' ` ,' rf _ /c t- t 6 ,m�. a k `� qt\ 10FTX10FT1 ��� 4, a`,, \�: - '--- :- _ sY �_ � '; . «' �,� _ i QUARRY SPALLS t`,,;, - wX_ � _=_ �' .� tY } ---� aaat:..m �t s- SPLASH PAD O i \taa,, t t, ,- r .. O c + .ay/'.ier' 1 i LI t— r. _. • Or .a�`�a>.R.�a�ia��`a r .t - .i: 1 �' _•_j i i 1 �'i�• ' iy/`a �t Y \ ,\x a \ M§i--- mrR - ',ii*. 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D }` \� / �2 J� "'Ju1 +�r/e I 1 1 3,�r I>V' �'ra� ...,,«ter.- t'. k 'b --1:�'- •. •. ``� a•, ��,�' �! n f , � �.. _ ' CE 1Rsp'a aP' '. a� tr x ,1 x ac+ rrl++' t ,', 1 '• - .. a ' "k.#Id.-,.r t \ yam' _.. N. iL DISCHARGE TO ',i ii ,4",« � jE 4�_- t$_,&dn T "a.. _.��,. ., `. fCATCHMENT CB-217 _ + .t , ._,'%o"f �" R-+�. _- ,, ''.,� ^`sa, # � txt ' _+ __` _ .�+c�a sranu `Is2 iI: i r 1 f, -e; ?' s4 -T-- ;f!', +s t \' \ , i -eC 'q, r,.-: .. - r t , : . - . 0r ` -,.,, iAt � r,.. /irr I '. . A Y "1I,Y -' ;JD O1f1i11 '_ A .' °b �` ) 4 ' :\ ' 'i•W Fes-'-'� i '4` 1.. .�ii.- .t -" .*�i I* 1 111,.......: (f�itit' 0.ti'`,-- j8 ,,,r r i iS 1�y, ,#'. .•:.' "'mot/ .__ - _ . , . r - g 0..tt �\ a t t tf} _ 4 i �' A.M riff t}ua' 1 ..t , r / l y `;` y" t. 5 �ti yy- - .ii's i-.Y-.` \`� i,V �i rf tt C F3, rf i'�. `e r' �."IF �t \J as♦, ,I A - C.'•-'"' ,3 � , _ r'.�-ice' �/i� .. • .�,` '`.M1\ laa , \'t ``� b.. j Ii p• \ t "f - • .''+'1 1•''.4)I till't* _.At9tlF,.52F>l�+Jr i"/ �n� •' 1^ tyE'A A�"s�""�+ � , _ _Y• "` '�._ .+°' _' aa g a � , 'r' DISCHARGE TO s:a/'" Ems'.« < I --- �; • w3 r *A, = _ - - `�"�"r� #r =:.: '' , '• .:S-" t 7i CATCHMENT ._-,. to----- '- \ '_ - i n g. _7LNA_DRP../E7N,E:::: 0 —_____--,' : ' <---; '' '` °:".-Mift:'"—"---- --'' '. -'' • illiii2021161161g 4*4 t...7,.....1%,r!v t 1 m n.:...,./ al i 11, 91;c1 IMO 11 6P',., .. 44 1 6 -6 ..., -•:::4,-„.--I,4,Iliti:7.0....ziakutlx..1:4 la„,-;-:z_"VP:z riv:i-t-'-----..7.--...:5 :::_::..;,,,.7....-'''A--,7:77.70 ....0 e Loam oft Is,.....:;situ;e a I ii_.-7:-,lila t,t..,‘,.zu 0.," „4.,t:7::0,"i cq [ r' y Tjram 5„\ +" ; f• _ -•+- _ ` _ Site Plan E NOTES: LEGEND: c' ,�� TRENCHED SUBDRAtN n 1.The locations of all features shown are approximate. (SEE FIGURE 3 2.This drawing is for information purpr' s.It is intended to assist in showing features discussed in an attachedWilliamsburg Condominiums document.GeoEngineers,Inc.can not guarantee the accuracy and content of electronic files.The master file ....� DIRECTION OF FLOW / is stored by GeoEngineers,Inc.and wilt serve as the official record of this communication. Renton, aS ingtOn a_ Sp D 50 I . '_ i GEOENGINEERS .0.' Figure 2 FEF_I ix Reference:Base drawing produced from Image file of drawing SP1 1 "SITE PLAN",dated June 29,1998,provided by Corke Amento. CORKE AMENTO, INC. 710 Second Avenue, Suite 820 • Seattle, Washington 98104 • Phone 206.682.9722 • Fax 206.224.4722 • www.corkeamento.com Improving the Construction Process CORKE AMENTO, INC. Outline for Geotech Proposal r1im710 Second Avenue, Suite 820 Seattle, WA 98104 206.682.9722 Phone CITY OF RENTON 206.224.4722 Fax RECEIVE ® DATE: 10-25-06 OCT 2 5 2006 PROJECT: Williamsburg Condominiums BUILDING DIVISION REPORT BY: Kelly Morrow OVERVIEW: (SEE ATTACHED SHEETS A,B,& C) 1. Corke Amento's involvement with the Williamsburg Condominiums began in 2004 when we conducted an investigation to determine the cause of damages incurred by water intrusion. The site diagram on Sheet A, highlights the leaks and locations of this investigation. Initial findings showed that foundation retaining walls were not drained or waterproofed according to original drawing specifications and the waterproofing has failed. Two drawings on Sheet B show the correct and incorrect way to provide effective drainage at a retaining wall. The correct way illustrates the free draining material necessary to provide a path for water to reach the drainage pipe below. Without this drainage material, water is retained in the soil and as it accumulates allows hydrostatic pressure to build. 2. A summary of defects found during the investigation include: active leaks, missing drainage material, damaged and missing waterproofing membrane in various areas, and waterproofing membrane that does not meet specified thickness. To see photos of the investigation findings, see Sheet C. EXISTING PROBLEMS: 1. The problems that have resulted from the defects listed above are water seepage through basement walls into units and hydrostatic pressure against foundation walls. During the initial investigation,26 leaks were identified within homeowner units. 2. In addition to active leaks,the additional forces from the hydrostatic pressure against the foundation walls were not included in the initial structural design. In GeoEngineers recent report to Corke Amento,they noted that"It is our opinion that poor wall performance and possible wall damage may result from this improper retaining wall backfill and resulting earth pressures in excess of those used in structural design." RECOMMENDATIONS: (SEE ATTACHED SHEETS D &E) 1. To mitigate the leaks and hydrostatic loads, GeoEngineers have recommended an interceptor drain be installed adjacent to the foundation walls. A section detail of the drain is attached as Sheet D and the site plan of the proposed drainage ditch location is found on Sheet E. While this is not a proposal to reconstruct drainage and waterproofing as was specified for original construction, it is intended to adequately relieve hydrostatic pressure and mitigate water intrusion. The reason for this is because reconstruction per original specifications would be a far more invasive process,requiring extensive earthwork excavation so that all exterior foundation wall surfaces could be re-coated with waterproofing membrane. Not only is it far more invasive on the site but it is not cost-effective. 2. The proposed interceptor drain seen in the section detail (see sheet D)requires an 18-inch wide ditch to be dug along the building perimeters highlighted on the critical area overlay diagram(see Sheet F). The maximum depth that is recommended is 10 feet. The use of Ditch Witch equipment was recommended by GeoEngineers based on their reputation for being smaller and easier to maneuver in tight and sensitive areas. This equipment is also known for tracks that are designed to cause less damage on ground scapes. Because of these things it should less harmful than other equipment. 1 SITE CONDITIONS: (GENERAL NOTES,SEE ALSO SHEET F) 1. The overlay diagram on the proposed location for this drain system if found on sheet E. Sheet F highlights the critical areas as they relate to building locations and the foundation retaining walls in question. 2. At the back side of buildings where the drainage ditch is being proposed, decks extend 4-feet from the building edge. This will require the ditch be a minimum of 5 1/4-feet from the building edge at deck locations. COPY TO: Laureen Nicolay, City of Renton Jens Johanson, CAI 2 s-,iia lLVl 1/J-V V TV AV Laureen Nicolay-Williamsburg stream classification From: "Kelly Morrow" <kmorrow@corkeamento.com> To: <lnicolay@ci.renton.wa.us> Date: 10/02/2006 11:43 AM Subject: Williamsburg stream classification Hello Laureen, I wanted to follow up with you regarding the stream classification for the Williamsburg project. Have you received an email from Teresa Opolka (the biologist formerly with Talasaea)with the classification information. I wanted to make sure it's sufficient for your records; otherwise I will follow up with her. If you did receive the information, and if it isn't too much trouble, could you forward me a copy of her email? Thank you, Kelly Kelly Morrow Corke Amento, Inc. 206.957.4717 direct www.corkeamentocom 12/06/00 Laureen Nicolay- Re: williamsbur stream buffer Page 111 From: Laureen Nicolay To: Tmopolka@aol.com Date: Tuesday, September 26, 2006 5:19:23 PM Subject: Re: williamsburg stream buffer Thank you Terersa. This will help us determine if the proposed drainage improvements will impact the critical area and assist in determining if any mitigation will be required for the drainage project. Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425)430-7294 Fax: (425)430-7231 Inicolay@ci.renton.wa.us >>> <Tmopolka@aol.com> 9/25/06 5:14:52 PM >>> Hi Loreen, (sorry, I am probably misspelling your name) Regarding the classification of this stream... I worked on the Williamsburg project when it was in the performance monitoring stage, so I am familiar with it. The stream does not have perennial flow, it only has water in the channel after relatively heavy or prolonged rainfall events. After the stream flows under the fire access road, there is a pretty steep drop that would preclude fish passage. I think it would be a Class IV stream under the current City code, as it only has intermittent flow and no fish. If there are any other questions, please call. Teresa Opolka Biologist Aquatica Environmental Consulting, LLC 425.802.8988 Laureen Nicolay- Re: Kennydale Vista LLC Page 1 From: Amber Hoffman To: Laureen Nicolay Date: Wednesday, September 20, 2006 1:23:18 PM Subject: Re: Kennydale Vista LLC Laureen, I found 3 bonds. Kennydale Vista Wetland/Stream Mitigation Released 12/23/03 Williamsberg Condos Released 9/9/99 Williamsberg Condos $2500 Stream Restoration My records indicate that we are still holding this. Amber Hoffman Development Services City of Renton (425)430-7262 >>> Laureen Nicolay 09/18/06 11:51 AM >>> or Williamsburg Condos. Do you still have any"bonds" or other security device(s)for this project or developer? Thanks for checking Amber, Laureen Laureen Nicolay City of Renton Development Services 1055 South Grady Way Renton WA 98055 Phone: (425)430-7294 Fax: (425)430-7231 Inicolayna ci.renton.wa.us %,/ CI' I OF RENTON Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E:,Administrator December 18,2003 William Shiels • Talasaea Consultants, LLC 15020 Bear Creek Northeast Woodinville, WA 98072 • VIA Facsimile: (425)861-7549 • SUBJECT; WILLIAMSBURG CONDOMINIUMS=FINAL WETLAND - MITIGATION AND STREAM RELOCATION PLAN • • • (FILE NO.LUA96-164,SA) Dear Mr. Shiels: •• • • We have completed our review of the Final Wetland Mitigation and Stream Relocation Report and the Wetland Mitigation Long Term Maintenance Plan,prepared by Talasaea:Consultants, dated November 13,2003: In addition;the City's wetland consultant,The Watershed Company, has reviewed the documents. Based on the information contained in these documents,and a site visit conducted in October,we have determined that the performance standards have been met, • and long-term maintenance plans;are in place. We understand that the Williamsburg Condominitiiris Home Owner's Association will be assuming the responsibility for the long-term maintenance plan' Should mismanagement of these areas.occur,the City.of Renton may require restoration and additional monitoring at the expense . of the Home Owner's Association. Staff is processing the release of funds currently held in Skagit State Bank for Kennydale Vista, . • LLC. Please contact Marilyn Kamcheff at(425)430-72,62•should you have any questions regarding the-release of the Assignment.of Funds. Sincerely, . Jennifer Toth Henning,AICP , Principal Planner • • cc: Neil Watts ' lyikzani herf=�. Teresa Opolka,Talasaea • 1055 South Grady Way-Renton,Washington 98055 RENTON �� AHEAD OF THE CURVE P This paper contains 50%'recycled material,30%past consumer TRANSMITTAL TO CITY CLERK BONDS, LETTERS OF CREDIT, ASSIGNMENT OF FUNDS, ETC. 1. TYPE OF INSTRUMENT: Bond Letter of Credit signment of Funds/Contractor Set-Aside Assignment of Savings Other, Describe 2. APPLICANT: W. S bet.✓ ( r, O'S 3. PURPOSE: i't S+ge, .., �e g 6C/9 7.S,, (Describe) 4. . ACCOUNT NO.: . • 5. FILE NAME AND NUMBER (If applicable) . 6. AMOUNT: 97, 50 0 oa 7. EXPIRATION DATE: 8. REQUIRED BY: (Department/Board) 9. STAFF CONTACT/PHONE #: y,tJQ--rt dxckg 7 6 v 10. NOTIFY STAFF BY: (List date 30 days prior, six weeks prior to expiration, etc.) • ASSIGNMENT OF FUNDS TO THE CITY OF RENTON \PPLICANT: .Kennydale Vista, LLC BANK; Skagit State Bank owner: Branch: Burlington, WA kddress: g4.2n . r,akp _wagh,ington BLVD. NE Address; 301 E. Fai.rhaven Ave. #103 Kirkland, WA 98033 • Burlington, WA 98233 'hone: 5-8 227_1819. Pho-ne: . 360-755--1519 =AX: 425•-822-1.0.98 _ FAX: 360-755-9695 kttention: A Bau man Attention: Donna Weaver � rifle: _ Vice President Title; Secretary to the President • • :he above_ references bank hereby certifles•that Two Thousand Five Hundred Iollars ($ 2 L,00.00 ) is on deposit in the account number . 31( 7 - 0533 63-9 ender the name of City of Renton, to secure tho applicant's performance of the following work equired in connection with the plat or project described below. . 4 Plat or Project: ' will iartrsurg Condominiums _ Location/Address of Plat or Project:_j Ann, NE 40th $tree1, Renton WA. The required work is generally described as follows: Stream Restoration 'he bank hereby certify and agrees that these funds will not be released without Written nstructions from an authorized agent of the City of Renton (the City), We further agree that Iiese funds will be paid to. the City within 10 days of receiving written tigtice that the City has leterrnined that the required work has not been properly performed. The bank shell have no :uty or right to evaluate the correctness or appropriateness of any such notice or deterniination iy the City and shall not interplead or in any manner delay payment of said funds to the City. she' applicant hereby agrees to this assignment of funds and that its obligation to perform the 3quirad work is not limited to the amount of funds held by the bank, 'his Assignment of funds Is Irrevocable and cannot be cancelled by the bank or applicant. ,p ,,lscant: Kennydale Vista, LLC Bank: by oi.ygon Management , Inc. Vf/ As anager :, ' /69,044kG>S1° ►uthorized i ature A i`th_�-brized ignat•ure Allen Bauman, Vice President , } orsT4i lame, Title Nam Title f June 10, 1999 _ .6 11Y9 >ate . l� - - - ate • 4111 1111 TA LASH EA CONSULTANTS 24 June 1999 • TAL-313 Ms, Jana Hansen Development Services Director City of Renton, Planning Department 1055 South Grady Way Renton, WA 98055 REFERENCE: Williamsburg Condominiums (Project No.LUA-96-164,SA,ECF) SUBJECT: Cost Estimate Dear Jana: • . At your request,we have prepared a cost estimate for additional work along the stream channel at the Williamsburg Condominiums project. The work involved will address the issues raised by Mr. Larry Fisher of the Washington Department of Fish and Wildlife in his June 3rd letter to the City. Specifically, Mr. Fisher was concerned that the four-foot-high white picket fence was installed within the 25-foot stream buffer, and that rip-rap was placed along the left bank of the stream corridor • upstream of our stream relocation and that no planting had occurred along this bank. The owner has expressed his willingness to address both these issues, so we have prepared the following cost estimate for your review. Item • Est. Cost Treat Rip-rap Area Cover rip-rap with approximately 12,inches of topsoil $500 Plant rip-rap streambank area with willow cuttings $660 Remove/Relocate Picket Fence $250 Three-year Monitoring (Monitoring is included in original scope) $0 Informative Signs (6 signs installed) • $150 • Sub-total $1560 Total for Performance Bonding (Sub-total x 1.2) $1872 Resource `cam? Environmental Planning 1502O 13r,u C rcI R0„rl Noi-thrntit • \\cu.din\lllr. Washington 98(172 • I.3us: (4_r)) S61-7:55() • Fax: (425) 861-7549 Ms. Jana Hanson 24 June 1999 Page 2 Please see the attached drawing showing the locations of fencing and bank treatment. A second drawing is attached illustrating an informative sign. These signs will be modified for use within the City of Renton, and will be placed along the stream corridor at the outside of the stream buffer. Six signs will be installed. I am preparing a response to each of the issues that Mr. Fisher raised in his June 3`d letter to the City of Renton. I expect that a draft of this letter will be completed for your review by June 29th If you have any questions regarding our cost estimate,-please call me at (425) 861- 7550. Sincerely, TALAS A. ONSU William E. Shiels Principal Attachments cc: Allen Bauman Mark Goldberg II 61-iyt-ea_ . . ----- ,‘ _ . • . :, :: 5' TO GRADE Viz' {.Y•::r i a---;, I I z: _ ATTACH SIGN TO ``, .- .- '�- . POST WITH TWO • �' 'mac' PRE-PRINTED • • �« PLASTIC 5/16 GALVANIZED =i.°= �'�:-- � SIGN LAG BOLTS WITH : .ti=f. ='•= >: __- ^•: • WASHERS _ ='� -_ • (.„..., ens�tveAreaBounaay elp:protect=and,care forthisarea I 8'- 4X4 CEDAR OR ..,.'''' . ( ( PRESSURE-TREATED POST SET 3' INTO HOLE The Wetland/Stream sign shall be posted at the boundary between the Sensitive Area Buffer, Setback Area or Setback Tradt and the Building Setback Area. One sign shall be posted per lot for every 150-feet of Sensitive Area Buffer and shall be stationed in a prominent location, i.e.: at the closest point to the proposed development..Signs may also be attached to fences. _ • • • • • • PEH( E (..i1Ll�))-1(7 A . _ bulLAD)1-ie-7 .133 —f3uII�DIrto Cr -ttmum ep� _ _! �! .•�._ = - • `I-,fit r:i�ii i�l • ,.IIIN I � ' 1�' lje i_iFi �'=i \ ! 1� _ ._ [ �i �•::, ��.�i \J� ii „ °o / ems:-.....: / Li .MATGNLINP TO.. N. I; 4. �►�n��o� o?C�.., ! 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"'v�:C. c; ��o,��� t :�o-w - PLANTING PLAN • • S--A4611,1 ZA1-10 r-t • A Kek - • W tw w-t4F:U 1 CON J4e2 T-,415 - 01U1-- fi1i5 (o- Z2-cG C\ ANak-. ( Y o . ,� � CITY OF RENTON CITY CLERK DIVISION MEMORANDUM DATE: October 7, 2002 TO: Jennifer Henning, x7286 FROM: Rita Andrew, x6513 SUBJECT: Williamburg Condominium Assignment of Funds Agreement LUA-96-164 The attached original document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. An original document is also retained by the City Clerk. Thank you. Enclosures: (2) 1 ■ ■ ► t ■ ► TALASAEA CONSULTANTS ASSIGNMENT AGREEMENT THIS ASSIGNMENT AGREEMENT ("Assignment") is made and entered into this 24th day of September, 2002, by and between KENNYDALE VISTA, L.L.C., a Washington limited liability company ("Kennydale"), and TALASAEA CONSULTANTS, LLC, a Washington limited liability company ("Talasaea"). The CITY OF RENTON, a Washington municipal corporation ("City") is a party to this Assignment only to the (a) extent it gives its consent to the Assignment; (b) agrees to the priority claim of Talasaea to the assigned funds; (c) agrees to look solely to Talasaea with respect to the work contemplated by this Assignment; and (d) the City represents that at this time there is no known default by Kennydale in its obligations to the City. RECITALS A. Kennydale is the developer of the condominium project known as Williamsburg Condominiums, located at 1800 N.E. 40th St., Renton, Washington ("Property"). In connection with the Property, Kennydale has ongoing obligations to maintain and restore the wetlands, buffers and streams at the Property as required by the City and as in accordance with the report titled "Williamsburg Condominium Development Wetland / Stream Mitigation Report" dated October 13, 1997, a photocopy of which is attached as Exhibit A ("Report"). Further, Kennydale applied for and received an Assignment of Funds to the City, a photocopy of which is attached as Exhibit B, to secure Kennydale's obligations to the City. As provided for in the Assignment of Funds, if the work contemplated by the City is not properly performed, the $19,575.00 on deposit is forfeited to the City except that the City of Renton agrees that any such forfeiture shall be reduced by the amount(s) earned by Talasaea in connection with its maintenance and monitoring obligations. B. On or about March 30, 2000, Kennydale entered into a contract with Talasaea with respect to the monitoring of wetland/stream/buffer mitigation at the Property. A photocopy of the Talasaea Contract is attached hereto as Exhibit C. C. As of the date of this Assignment, Kennydale owes Talasaea sums under the Talasaea Contract. Further, in addition to the monitoring contemplated by the Talasaea Contract, there is ongoing wetland/stream/buffer and plant maintenance and restoration and remedial work that must be undertaken at the Property, as set forth in the Report, to fulfill the City's requirements. D. The parties have agreed that Kennydale shall transfer and assign to Talasaea all right, title and interest of Kennydale in the $19,575.00 on deposit in account number 3117- 033659, held by Skagit State Bank and evidenced by the Assignment of Funds ("City of Renton Account"). In return, Talasaea shall assume all of the obligations of Kennydale with respect to wetland/stream/buffer and plant maintenance and restoration concerning the Property on an ongoing basis. Further, Talasaea shall forgive any and all amounts owed Talasaea by Kennydale 1 Resource Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (425) 861-7550 • Fax: (425) 861-7549 under the Talasaea Contract, or on any other basis, now and in the future with respect to the Property. The City and Talasaea have further agreed that with respect to the City of Renton Account, Talasaea has a priority claim. E. As evidenced by its execution of the consent incorporated in this Assignment, the City hereby agrees to look solely to Talasaea with respect to any and all obligations with respect to the monitoring, maintenance, restoration, remedial and any other work associated with wetlands, buffers and streams at the Property.' AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Transfer and Assignment. Kennydale hereby conveys, transfers and assigns to Talasaea, its successors and assigns, all right, title and interest of Kennydale in, to and under the proceeds held in the City of Renton Account. The City acknowledges and agrees that Talasaea shall have the first priority claim with respect to the City of Renton Account except to the extent Talasaea is in default of its obligations pursuant to the terms and conditions of this Agreement. 2. Assumption of Obligations. Talasaea hereby assumes and agrees to observe and perform all of the obligations and duties of Kennydale with respect to the wetlands, buffers and streams at the Property, including but not limited to monitoring, maintenance, restoration and any remedial work as set forth in the Report. Such obligations shall include the work otherwise outlined in the Talasaea Contract. The parties expressly agree that Talasaea's obligations shall include on-going maintenance work as required by the City of Renton and the Report. Talasaea shall not be responsible for wetland restoration attributable to acts of God or third parties. Talasaea further agrees to defend, indemnify and hold Kennydale, its successors and assigns and their respective managers, members, officers, partners, shareholders, agents, representatives, employees and contractors harmless from all claims, losses, damages, expenses and actions arising from or related to incidents, acts or omissions that have or may occur with respect to such monitoring and maintenance work or the failure to undertake such monitoring and maintenance work. 3. Amounts Owing Under Talasaea Contract. Talasaea shall forgive any and all amounts presently due under the Talasaea Contract and, further, no additional amounts shall become due under the Talasaea Contract. It is the parties' intention that neither Kennydale nor any of its affiliates, members, managers, partners, employees or agents shall owe any amounts to Talasaea now or in the future with respect to work, costs, expenses or fees at the Property. 4. Miscellaneous. 4.1 Assignment. The parties represent and warrant that they have not assigned or otherwise transferred or subrogated any interest or any claim which is the subject matter of this Assignment. 2 4.2 Intended Benefit. This Assignment shall be binding upon and inure to the benefit of each of the parties hereto, and their respective personal representatives, attorneys, legal successors, assigns,tenants and subtenants. 4.3 Entire Agreement. This Assignment contains the entire understanding between the parties and supercedes any prior negotiations or proposed agreements between them respecting the subject matter hereof. There are no other representations, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter of this Assignment. 4.4 Signatories. The undersigned are fully authorized to execute this Assignment, are under no disability, have read and understand fully the above and foregoing Assignment and have been fully advised as to the legal effect thereof by counsel or have waived such advice. 4.5 Cooperation. The parties agree to promptly execute, acknowledge, verify, deliver and furnish or cause to be furnished all documents and information and to do or cause to be done all other acts and things at such times and in such form and substance as are reasonably necessary to effectuate the intent of this Assignment. 4.6 Attorneys' Fees. If at any time after the date of this Assignment, either party initiates any action or proceeding against the other relating to or arising out of the provisions of this Assignment or any default hereunder, including but not limited to the right of indemnification under this Assignment, the prevailing party shall be entitled to an award of its expenses, fees and costs in addition to any other remedy, including but not limited to its attorneys' fees (including time expended by in-house attorneys), costs or disbursements paid or incurred in the pursuit of any such action, proceeding or on appeal from the same. 4.7 Governing Law. This Assignment shall be governed by the laws of the State of Washington. The venue of any action to construe or enforce this Assignment shall be in King County, Washington. 4.8 Counterparts. This Assignment may be executed in counterpart originals with the same full force and effect as if executed as a single document. KENNYDALE VISTA, L.L.C., a T AS NSULTANTS, LLC, a Washington limited liability company as ' n ' d li ' 'company B By: Polygon Manageme t, Inc., a William E. Shiels, Manager Washin at' i s ger By: Thomas J. Paulus, Treasurer Wer f•4c:-P-aulus,-Pfesidext- 3 CONSENT The City of Renton hereby consents to the terms and conditions of this Assignment. Further, the City of Renton agrees to look solely to Talasaea Consultants, LLC to monitor, maintain, restore and undertake on-going maintenance work with respect to the wetlands and streams at the Property. CITY OF RENTON, a Washington municipal corporation By: Its: 'yor /0-740,2 Attest: 6,714,u_a Bonnie I.Walton,City.Cleuk 4 4 TALASAFA CONSLLTAN 15 Q � e4;"0. . March 22, 2000 TAL-313M Mr. Bob Miulli, Vice President 00,1-4TEACI Polygon Management Inc. 4020 Lake Washington Blvd NE, Suite 103 Kirkland, WA 98033 REFERENCE: Williamsburg Condominiums -Renton, WA SUBJECT: Revised Contract Proposal for Performance Monitoring for Wetland and Stream Mitigation Dear Bob: The following scope of services pertains to monitoring services for wetland/stream mitigation at the Williamsburg Condominium site. The scope of this proposal includes the preparation of as-built plans, site monitoring, preparation of monitoring reports, maintenance reviews, and final project review of the wetland and stream mitigation by City and agency staff. This proposal covers the full 5-year monitoring period. Should performance criteria not be met within the 5-year monitoring period, additional consultant services, as well as landscape maintenance services would be required. Costs for these additional services are not covered under this contract proposal. SCOPE OF SERVICES Task 1. Establish Baseline Conditions. To establish baseline conditions for future monitoring, a baseline evaluation will be conducted to determine whether the site conditions are consistent with the approved plan. The evaluation will include: photo-documentation at a minimum of five points located-on the site, a general description of the conditions of the installed plant materials, an assessment of the irrigation operating system, and a general assessment of site hydrology in the wetland and stream areas. A preliminary monitoring report will be submitted to the City of Renton Planning Department upon completion of the assessment. Task 2. As-built Plans. As-built drawings will be prepared and submitted with the first monitoring report, scheduled for the spring of 2000. These drawings will reflect final plan changes made during construction, locations • of vegetation sampling plots, and photo-point locations. Task 3. Long-term Monitoring. Monitoring will be conducted for a period of five growing seasons minimum. Monitoring events will begin in the spring of 2000. Monitoring will be conducted quarterly for the first year and annually(at the end of the growing season) for the second through fifth years. The following parameters will be monitored:. vegetation, aquatic invertebrates and vertebrates, birds and small mammals, hydrology, and stream flow characteristics. v. EXHIBIT • Resource'7 Environmental Planning �•+.-�..wr 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (425) 861-7550 • Fax: (-125) 801-7 5-19 Bob Miulli March 22,_2000 Page 2 Maintenance issues will be identified during the monitoring events and summarized in a memo submitted to the Client and lead maintenance personnel. A follow-up inspection by Talasaea Consultants will follow completed maintenance work. This task includes estimated costs for 7 monitoring events, 5 follow-up inspections, and 5 maintenance memos. Task 4.Reports to the City. Monitoring reports will be prepared and submitted to the City and to the Client according to TABLE 1 below. Reports will include: photo-documentation, estimates of plant survival and percent cover, presence of undesirable plant species, wildlife usage, and an assessment of the success of the mitigation project overall. This task includes estimated costs for 5 monitoring reports. Task 5. Spring Maintenance Reviews and Memos. Spring maintenance reviews will be conducted yearly with follow-up visits made after maintenance work is completed. Spring maintenance issues will be summarized in a memo submitted to the Client and the lead maintenance personnel. This task is essential to achieve success of the mitigation plan. . This task includes estimated costs for 5 maintenance reviews, 5 follow-up reviews, and 5 maintenance memos. The table below represents the schedule for the performance monitoring and maintenance events, as required by the City of Renton. This table depicts the timeline for the 5-year monitoring period. TABLE 1: Calendar for Performance Monitoring and Maintenance Events Year 1 Establish Baseline Conditions PM-1 PM-2 PM-3 R&MR R&MR R January 18, 2000-completed Spring 2000 Fall 2000 Winter 2000 Year 2 Year 3 Year 4 Year 5 MR-1 PM-4- MR-2 PM-5 MR-3 PM-6 MR-4 PM-7* MR R&MR MR MR MR MR MR R&MR Spring Fall 2001 Spring Fall•2002 Spring Fall 2003 Spring Fall 2004 2001 2002 2003 2004 R= Report PM=Performance Monitoring MR=Maintenance Review and Memo *Obtain final approval to facilitate release of bond from the City(presumes performance criteria are met). Task 6. Agency Review. Escort agency staff on a site review for final approval of the mitigation project(if deemed successful by the agencies). This task includes correspondence with the agencies regarding sign-off and preparation of the final pertinent information relating to the wetland and stream mitigation maintenance.Estimated costs for this task assumes agency acceptance at completion of the 5-year performance monitoring period. _ This task includes estimated costs for one site visit with the City and related correspondence. Bob Miulli March 22, 2000 Page 3 _ COST AND SCHEDULE Estimated costs to complete Tasks 1-6 are$12,750. All work will be billed on the basis of time and materials according to our Standard Charges for Professional Services (attached). Project costs through June 30, 2000 will be billed at 1999 rates; billings after June 30, 2000 will be billed at 2000 rates, and so on for the duration of monitoring. If the foregoing scope of services and estimated costs are acceptable to you,please sign and return a copy of this letter as your authorization for us to proceed. Should you have any questions,please call Lisa Brandt or me at (425) 861-7550. We have enjoyed working on this project, and look forward to successfully completing this final phase of the work Sincerely, A AE .CON � w William E. Shiels- _ Principal II Attachment tic r4,4- Clppvotr bt,s&b 1CIVi Bob Miulli, Owner Representative Date • A ■ , TALASAEA LETTER OF CONSULTANTS TRANSMITTAL Resource d2 Environmental Planning 15020 Bear Creek Road Northeast•Woodinville,Washington 98072 Bus:(425)861-7550•Fax:(425)861-7549 To: 110i..- i c t ticc i T • 6 c-. . Date: O 2.0 A _ Ala. .1 -�� . JE Subject:. ?viz-1 i - ri A MC.0 C417riis .e_lai zi VIA ' G33 Project Number: 1 A Lr 313 Attn: 1st L-► From: -..�y�.r� Transmitting Herewith: The Following: For: X Proposal Review & Comment Contract Approval No. of Copies: Change Order Signature • Sets Letter Your Use& Files Sheets Report Payment Prints or Drawings As Requested Specifications Action Noted Below Other Description of Materials: -rtz--FeprZ AMc r&kt,--e12-: i Remarks/Actions: c U s4c 11 4 c L �.. Aki 7k ti n --r' L-,P67. - �� Sincerely Yours, • TALASAEA Consultants Copy To: • 0P , CITY OF RENTON CITY OF RENTON SEP 2 7 2002 PLANNING/BUILDING/PUBLIC WORKS RECEIVED MEMORANDUM CITY CLERK'S OFFICE DATE: September 27,2002 TO: Bonnie Walton, City Clerk FROM: Jennifer Henning OV SUBJECT: Williamsburg Condominium Assignment of Funds Agreement (File No. LUA-96-164, SA) Attached you will find three copies of an Assignment Agreement for Talasaea Consultants, Resource and Environmental Consultants. Talasaea was hired by Polygon, the developer of the Williamsburg Condominiums, to conduct wetland monitoring. Polygon Management, Inc. is in the processing of dissolving, and has assigned the maintenance responsibility to Talasaea. In May of this year, Larry Warren reviewed the Assignment Agreement, and approved it as to form (see attached memorandum). The final Assignment Agreement has been prepared and is now ready for signature. Please forward the documents to the appropriate party for signature and return to me when complete. Thank you. attachment it H:\Division.s\Develop.ser\Dev&plan.ing\JTH\Williamsburg Assignment Agreement.doc\cor JUN-10-1999 09:19 :1T'Y OF RENTON 425 430 7300 P.02iO4 • ASSIGNMENT OF FUNDS ' • TO THE CITY OF RENTON • • APPLICANT: It_ennydale Vista , LLC BANK: •Skagt,t Stag. Bank . Owner: _ Branch: •Rt1�1ioat•on, W Address: 4(l2f1 Take, Washington Blvd\ddress: 301 E. Fairhaven Ava_ e • . #1Q3 , Kirkland , WA 98033 Burl,ingtQnl WA 98233 Phone: 479-f 22-t FL) 9 Phone: 36_0-755-1 519 FAX: 425.=8?�-194A _ FAX: 3_60-755-9695 " Attention: p1 1 an Aauman Attention: Donna Weaver Title: Vice president 'Citle: Secretary to the President • The above references bank hereby certifies that Nineteen thousand five hundred seventy five dollars ($ 1,_91575 . 00 ) is on deposit in the account number under the name of City of Renton, to secure the applicant's performance of the following work . required in connection with the plat or project described below. • Plat or project: Will i am$bura Condominiums ' Location/Address of Plat or Project: 1800 NE 40th Street, Renton, WA The required work is generally described as follows: • • Wetland/stream plant maintenance and restoratit?n. • The bank hereby certify and agrees that these funds will not be released without written• instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not een properly performed. The bank shall have. no duty or right to evaluate the correctnessb or appropriateness of any such notice or deterniination • by the City and shall not interplead or in nity manner delay payment of said funds to the. City. The applicant hereby agrees to this assignment of funds and that its obligation to perform the • required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. Applicant: Kennydale Vista, LLC Bank: •by Polygon Management, Inc. As Manager 004 , , O( AUILV- Authorized Signature �u `torized'S"�i nature Al t on Rauman. Vice PrgsiSient put//JfI L W Quei' , Asir stefrahxl__ Name. Title Name Title 1 /999 npr-Pmhpr 1 . 19� • ' Date Date • I . EXHIBIT • • • Z0/z0'd S6£tt bSIZT TO-ZT '666T 6601 ZZ0 SZis Shcd 'ltiIONCNId NODA1Od, WOztd ;y CIT' OF RENTON .LL Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren DEVELOPMENT PLANNING CITY OF RENTON MEMORANDUM MAY 2002 RECEIVE® To: Jennifer Henning From: Lawrence J. Warren, City Attorney Date: May 9, 2002 Subject: Williamsburg Condominiums Assignment Agreement The assignment agreement is approved as to legal form. Lawrence J. arren LJW:tmj cc: Jay Covington Post Office Box 626-Renton,Washington 98057-(425)255-8678/FAX(425)255-5474 RENTON AHEAD OF THE CURVE L.� This paper contains 50%recycled material,30%post consumer K_,inydale Vista, September 25, 2002 VIA PRIORITY MAIL Ms. Jennifer Henning City of Renton 1055 S. Grady Way, Sixth Floor Renton, WA 98055 �ElAPMEN RENTON EPLANNING CITY� Re: Williamsburg Condominiums, Renton, Washington Assignment Agreement SEP .Z 2002 Our File No.: 97059.006 RECEIVED. Dear Ms. Henning: Enclosed are triplicate originals of the Assignment Agreement between Kennydale Vista, L.L.C. ("Kennydale") and Talasaea Consultants, LLC ("Talasaea"). The Assignment has been signed by both Kennydale and Talasaea. Please arrange for the appropriate signatory of the City of Renton to execute the Consent set forth on page four of the Assignment. As requested in Talasaea's letter of transmittal, a photocopy of which is enclosed, please retain one of the Assignments for your file, return one of the originals to Talasaea and the third original to my attention at Kennydale Vista. Thank you for your assistance, Jennifer. Very truly yours, Laura Minton Breckenridge Staff Attorney LMB:dg Enclosures cc: Ms. Teri Clark (w/o enclosures) (via facsimile (425) 861-7549) F:\LEGAL\FILENUMS\97059.006\ltr\Henning 092502.doc 12708 Leatherwood Lane,P.O.Box 178,Bow,WA 98232 (360) 766-7000 ♦ (360) 766-7010 ti` Y o City of RentonFp nID a ® P/B/PW Dept. • �u Development Services Division ‘111\irvo'� 1055 South Grady Way Renton, WA 98055 Date: 10/29/01 TO: Bill Shiels FROM: Jennifer Henning Talesaea Principal Planner Phone: (425) 861-7550 Phone: (425) 430-7286 Fax Phone: (425) 861-7549 Fax Phone: (425) 430-7300 SUBJECT: Williamsburg Condominiums Number of pages including cover sheet 2. Wetland/Stream Maintenance/Monitoring REMARKS: El Original to ❑ Urgent El Reply El Please E For your be mailed ASAP Comment review J-,t ,a . oi4 - /Gy 'lkoo € you S',r- i /„ (t z4AA- 0 Vii‘RA/aiv66-1AA1 „A\\ VSi‘C",:reccA IMPORTANT MESSAGE FOR DATES C I TIME A.M. WHILE YOU E dUT M - ii sk:a I ii I ea:5i ()is,° PHONE NO. 4.)-S - - -7 TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL MESSAGE Mr-, 199 i E4'1-4a�wK-j War? refe SIGNED � 410 „Is CASCADE ` Paper contains 50%recycled fibers, P3-R2334 ® of which 20%is post-consumer waste. FROM :POLYGON FI NANO IAL PTRS 425 822 1098 1900,05-09 10:45 #017 P.02/07 "_ w c-is�. e/ttPl ) Sv1 ° TALASAEA CONSULTANTS March 22,2000 TAL-313M Mr.Bob Miulli,Vice President Polygon Management Inc. 4020 Lake Washington Blvd NE, Suite 103 Kirkland, WA 98033 REFERENCE: Williamsburg Condominiums-Renton,WA SUBJECT: Revised Contract Proposal for Performance Monitoring for Wetland and Stream Mitigation Dear Bob: The following scope of services pertains to monitoring services for wetland/stream mitigation at the Williamsburg Condominium site. The scope of this proposal includes the preparation of as-built plans, site monitoring, preparation of monitoring reports,maintenance reviews,and final project review of the wetland and stream mitigation by City and agency staff. This proposal covers the full 5-year monitoring period. Should performance criteria not be met within the 5-year monitoring period, additional consultant services, as well as landscape maintenance services would be required. Costs for these additional services are not covered under this contract proposal. SCOPE OF SERVICES Task 1. Establish Baseline Conditions. To establish baseline conditions for future monitoring, a baseline evaluation will be conducted to determine whether the site conditions are consistent with the approved plan. The evaluation will include: photo-documentation at a minimum of five points located on the site,a general description of the conditions of the installed plant materials,an assessment of the irrigation operating system,and a general assessment of site hydrology in the wetland and stream areas. A preliminary monitoring report will be submitted to the.City_of Renton Planning Department upon completion of the assessment. Task 2. As-built Plans. As-built drawings will be prepared and submitted with the first monitoring report,scheduled for the spring of 2000. These drawings will reflect final plan changes made during construction,locations of vegetation sampling plots, and photo-point locations. Task 3. Long-term Monitoring. Monitoring will be conducted for a period of five growing seasons minimum. Monitoring events will begin in the spring of 2000. Monitoring,will be conducted quarterly for the first year and annually(at the end of the growing season)for the second through fifth years. The following parameters will be monitored: vegetation, aquatic invertebrates and vertebrates,birds and small mammals,hydrology, and stream flow characteristics. Resource r2 Environmental Planning 15020 Boar Creek Road Northeast • Woodinville. \Uashin; t.on 98072 • Bus: (425) 8(il-775;30 • F (425) Scil-7549 FROM :POLYGON FINANCIAL PTRS 42S 822 1098 1900,05-09 10:46 #017 P.03/07 • Bob Miulli March 22,2000 • Page 2 Maintenance issues will be identified during the monitoring events and summarized in a memo submitted to the Client and lead maintenance personnel. A follow-up inspection by Talasaea Consultants will follow completed maintenance work. This task includes estimated costs for 7 monitoring events, 5 follow-up inspections,and 5 maintenance memos. Task 4.Reports to the City. Monitoring reports will be prepared and submitted to the City and to the Client according to TABLE 1 below. Reports will include: photo-documentation, estimates of • plant survival and percent cover,presence of undesirable plant species,wildlife usage,and an assessment of the success of the mitigation project overall. This task includes estimated costs for 5 monitoring reports. Task S. Spring Maintenance Reviews and Memos. Spring maintenance reviews will be conducted yearly with follow-up visits made after maintenance work is completed. Spring maintenance issues will be summarized in a memo submitted to the Client and the lead maintenance personnel. This task is essential to achieve success of the mitigation plan. This task includes estimated costs for 5 maintenance reviews,5 follow-up reviews,and.5 • maintenance memos. The table below represents the schedule for the performance monitoring and maintenance events, as •required by the City of Renton. This table depicts the timeline for the 5-year monitoring period. TABLE 1: Calendar for Performance Monitoring and Maintenance Events Year 1 Establish Baseline Conditions PM-1 PM-2 PM-3 R&MR R&MR R January IS,2000-completed Spring 2000 Fall 2000 Winter 2000 Year 2 Year 3 Year 4 Year 5 • MR-1 PM-4 MR-2 PM-5 • MR-3 PM-6 MR4 PM-7* MR R&MR MR. MR MR MR MR R&MR Spring Fall 2001 Spring Fall 2002 Spring Fall2003 Spring Fall 2004 2001 2002 2003 2004 R= Report PM=PertormanccMonitoring MI.=Maintenance Review and Memo *Obtain final approval to facilitate release of bond from the City(presumes performance criteria arc met). Task 6. Agency Review.Escort agency staff on a site review for final approval of the mitigation project(if deemed successful by the agencies).This task includes correspondence with the agencies regarding sign-off and preparation of the final pertinent information relating to the wetland and stream mitigation maintenance.Estimated costs for this task assumes agency acceptance at completion of the 5-year performance monitoring period. This task includes estimated costs for one site visit with the City and related correspondence. FROM :POLYGON F I NPNC I RL PTRS 42S 822 1098 1900,I b-10 d 1'°``'o mu.i r ,-•`,'" • Bob Milani • March 22, 2000 Page 3 COST.AND SCHEDULE • Estimated costs to complete Tasks 1-6 are$12,750. All work will be billed on the basis of time and materials according to our Standard Charges for Professional Services(attached). Project costs through June 30,2000 will be billed at 1999 rates;billings after June 30,2000 will be billed at 2000 rates,and so on for the duration of monitoring. If the foregoing scope of services and estimated costs are acceptable to you,please sign and return a copy of this letter as your authorization for us to proceed. Should you have any questions,please call Lisa Brandt or me at(425) 861-7550. We have enjoyed working on this project,and look forward to successfully completing this final phase of the work Sincerely, • A E CON• J William E. Shiels Principal Attachment • Bob Miulli,Owner Representative Date FROM :POLYGON FINRNCIRL PTRS 425 822 1098 1500,05-0y 10:4m, wolf r.aaivJI r TALASAEA Eild CONSULTANTS STANDARD CHARGES FOR PROFESSIONAL SERVICES Effective from July 1, 1999 TALASAEA CONSULTANTS provides professional resource and environmental planning services according to the following rates and terms that are reviewed and revised annually following standard policy. PROFESSIONAL SERVICES Title I Rate Principal i$125/hour Senior Planner, Landscape Architect, Scientist $87/hour Staff Planner, Landscape Architect, Scientist $76/hour Junior Planner, Landscape Architect, Scientist $64/hour Field/Planning Technician, Landscape Designer $50/hour AutoCAD Drafter, Design Assistant $43/hour Field/Planning Assistant, Drafter $37/hour IN-HOUSE EXPENSES Category Rate Facsimile $2/page Auto Mileage $0.35/mile Repro 24x36 (bond, velum, mylar, sepia) I $3, $7, $20, $9 Repro 30x42 (bond, velum, mylar, sepia) $4, $9, $25, $12 Mobile Water Quality Lab Rental $200/month All third party expenses are charged at cost plus 10% for administrative processing. These ex- penses include: Hired Services (sub-consultants); Travel (meals, lodging, and transportation); Miscellaneous Services and Supplies (e.g., reprographics, publications, equipment rental, etc.) TALASAEA CONSULTANTS submits invoices on a monthly basis with a final invoice submitted upon project completion. Payment is due upon presentation of each invoice and is past due thirty (30) days from the date of that invoice. A finance charge of one and one-half percent (1.5%) per month is assessed on past due accounts. In the event of default in the payment of fees, all costs of collection, including reasonable attorneys'fees, are paid by the Client. Resource 0 Environmental iPlanning. 15020 Bear Crack goad Northeast • Woodinville.Washington 9807? • Bus: (42M)861-7550 • Fax: (425)S61.7549 FILE Copy TRANSMITTAL TO CITY CLERK BONDS, LETTERS OF CREDIT, ASSIGNMENT OF FUNDS, ETC. 1. TYPE OF INSTRUMENT: Bond Letter of Credit Alignment of Funds'Contractor Set-Aside Assignment of Savings Other, Describe 2. APPLICANT: 2 .� 0 i e� , L�CJ 3. PURPOSE: KJL2 [critr-Le-rn, (Describe) 4. ACCOUNT NO.: 3/1-7 '13 3 5 q 5. FILE NAME AND NUMBER W 1 A11,1-310,c r a� S (If applicable) 5 f� Qs,6. AMOUNT: 1 9 ) 5-1s- 7. EXPIRATION DATE: 8. REQUIRED BY: e(,t r r P / (v3 a n i c-P I/ /�h;rl ) (Department/Board) 9. STAFF CONTACT/PHONE #: }1/471 , -2 L 10. NOTIFY STAFF BY: - (List date 30 days prior, six weeks prior to expiration,etc.) 1 JUN-70-1999 09:19 CITY OF RENTON 425 430 7300 P.02/04 ASSIGNMENT OF FUNDS TO THE CITY OF RENTON - • APPLICANT: Xennyda1e Vista , T.LC SANK: Skagit State_ Bank . Owner: Branch: J34x3,i.ncitcZ,n, � Address: 4fl2(l T,a � Wash1ngtoll BlvcaVdress: 301 E. Fa,jrhvPn AvP_ • #1Q3, Kirkland , WA 98033 Burlinaton_L. WA 98213 Phone: 475--82_2-1 819 Phone: 36_Q-.755-1 51.9 • FAX: 425-R77-109R FAX: 360-795-Q695 Attention: p1 i pn RauJnan Attention: Dolma IleaTer Title: Vice President Title: Secretary to the President The above references bank hereby certifies that Nineteen thousand five hundred seventy five dollars (a i,91575 . 00 ) is on deposit in the account number 3//'7 -72-33 (6- S under the name of City of Renton, to secure the applicant's performance of the following work . . required in connection with the plat Of project described below. Plat or Project: Williatttsburct Condominiums • Location/Address of Plat or Project: 1800 NE 40th Street, Renton, WA The required work is generally described as follows: Wetland/stream plant maintenance and restoration. • The bank hereby certify and agrees that these funds will not be released without written, instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 16 days of receiving written notice that the City has • determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its obligation to perform the • required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. • • Applicant: Kennydale vista, LLC Bank: •by Polygon Management , Inc. As Manager kalkikk_ CXG1 [.Y orized tire qu torized Signature All P,L Rn. Vice President puv/J4 (, ttkotie/ . Q SIT surc - Name, Title Name Title nar•F+m r 1 1�99 • it /999 Date Date . • ZO/ZO'd S6E# t'SIZT TO-ZT`666T 860T ZZB SZb SZIld 1CI3NCNId NODAlOdI WO2jd CITY OF RENTON DEPARTMENT OF PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 10,2000 FILE COPY TO: Jennifer Henning,Principal Planner FROM: Robert Arthur,Land Use Compliance Inspec SUBJECT: POLYGON AND WILLIAMSBURG I want to make sure that I understood you correctly. Please review the attached copies of two-(2) separate assignment of funds for the Williamsburg Condominiums, one being for the Wetland/stream plant maintenance and restoration in the amount of$19,575.00 and the other for stream restoration in the amount of$2,500.00. As I understand it, neither of these funds may be released until either Talasea, Polygon or CDC management, representing the HOA of Williamsburg Condos, supplies the City of Renton a final five(5) year Wetland Monitoring plan and a surety device in the amount of%150 of the contract amount of the plan. Also attached is a March 22, 2000, revised contract proposal to Polygon from Talasea Consultants for performance monitoring of the wetland and stream mitigation. Please advise and I will contact Bob Muilli of Polygon at 425-822-1819, ext. 104, as he is waiting for confirmation. Thanks. TALRSREA CONSULTANTS '"- ;:425-861-7549 Nov 24 '99 15:58 P.01/01 • E0TALASAEA . it CONSULTANTS FACSIMILE MEMORANDUM TO: Allen Bauman PROM: Ann Olsen OF: Polygon Management,Inc. PROJECT: Williamsburg—TAL313 FAX: 425.822.1098 SUBJECT: Post Construction Bond DATE: November 24, 1999 Pages: 1 • We have reviewed the Wetland and Stream Mitigation Plans and have addressed the plant replacement issues you raised regarding the procurement of a bond required by the City of Renton. The cost for plant replacement would be S13,050. • Please let me know it:there is anything else that I can provide to you regarding this issue. If you it have any questions,please call Bill Shiels or me at 425.861.7550. Thank you, • • Ann Olsen • Landscape Architect • • • • • • • • • • Resource&Environmental Planning 15020 Bcor Cceek Road Northeast.•Woe.6,..i Ile,WeaUInenn 98072•sluc(025)861-7550 I Fna1(4225)861-7549•Ems/ aokengialnaca.eom 7M/70•d 69611 SE:60 6Z-t T`666T 860T ZZ8 SZb S2:11d 7d I 3NbN I d NOeJ.l1Od: NO2�d 511 _(191/ • Return Address: City Clerk's Office 19990924000295 11 PAGE 001 OF 004 City of Renton 09/24/1999 09:09 1055 South Grady Way KING COUNTY, WA CITY OF RENTON BS 11.00 Renton,WA BILL OF SALE Property Tax Parcel Number: 333344557Q_0100 3457 00077GG Project File#: RSTW 2345 Street Intersection: Lincoln Dr. NE & Grantor(s): Kennydale Vista, LLC Grantee(s): No. 40th St. 1. by Polygon Management, Inc.as Mgr. • 1. City of Renton,a Municipal Corporation The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the Grantee,as named above,the following described personal property now located at: 521 So. 51st Ct. Renton, WA 98055 in the City of Renton,County of King and State of Washington,to-wit: SEE EXHIBIT 'A' • • By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, a inistrators and assigns forever. REO ,I have hereunto et my hand and seal the day and year as written below. . Allen Ba , V.P. Polygon Management, Inc.. Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: 99-GO 7a,b,cid,46 H:IFORMS\KCRECORD\BOS.DOC\bh Page 1/3 r ..r 3., r., iI r- _ 1 INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I I certify that I know or have satisfactory evidence that - signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) • My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington I Notary(Print) My appointment expires: Dated: • CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this a.O'h` day of Ju 14U , 19 1 el,before the personally appeared l _ _ _ _ _ _ Al I,e/a /3aupn a-nl to me known to MATESSA R. SHOLD ► be v t fie. Pr-e 4,rttC.¢.K of the corporation that NOTARY PUBLIC ► executed the within instrument,and acknowledge the said instrument to be the free i ►. and voluntary act and deed of said corporation,for the uses and purposes therein STATE ISO ION EXWASHINPIRES I mentioned,and each on oath stated that he/she was authorized to execute said COMMISSION EXPIRES NOVEMBER 9 2002 ► . instrument and that the seal affixed is the corporate seal of said corporation. J.,,,,,c4/ . Not�ry�ublic in and or the State of Washington Sty . R. to 1 Notary(Print) I�l a fi Ps My appointment expires: 11— o - O` Dated: Page 2/3 ' H:IFORMS�ICCRECORD\BOS.1)OC\bh - -- 19990924000295 PAGE 002 OF 004 11111111 KING4COUNTY09WA9 CITY OF RENTON BS 11.00 EXHIBIT 'A' ' WILLIAMSBURG CONDOMINIUMS WATER SYSTEM CONSTRUCTION LENGTH SIZE TYPE 489 L.F. of 12" DI WATERMAIN 1069 L.F. of 8 " DI WATERMAIN 1 EACH of 12" GATE VALVES 5 EACH of 8" GATE VALVES 5 EACH of FIRE HYDRANT ASSEMBLIES SANITARY SEWER SYSTEM LENGTH SIZE TYPE 48 L.F. of 8" PVC SEWERMAIN 1 EA of 54" DIAMETER MANHOLES STORM DRAINAGE SYSTEM LENGTH SIZE TYPE 54 L.F. of 12" STORMLINE 75 L.F. of 30" RCP STORMLINE 75 L.F.of 36" N-12 STORMLINE 3 EA of I STORM CATCHBASIN 1 EA of 54" II STORM CATCHBASIN STREET IMPROVEMENTS LINCOLN DR.NE: -430 LF VERTICAL CURB, GUTTER,SIDEWALK AND 480 SQ YDS OF ASPHALT NE 40TH ST.: - 195 LF VERTICAL CURB, GUTTER,SIDEWALK AND 600 SQ YDS OF ASPHALT STREET LIGHTING -2 STREET POLES ON NE 40TH -3 STREET POLES IN ON LINCOLN 97144finalcost data.doc ill 19990924000295 PG 09/24/01999F09009 CITY OF RENTON BS KING COUNTY, WA11.00 �� i • PROJECT CLOSING #4 Final Cost Data • FINAL COST DATA AND INVENTORY and Inventory SUBJECT: CITY PROJECT NUMBERS: WTR- 27-2345 • wwp. 27-2345 • Williamsburg Condominiums • SWP- Name of project MO- 41-2345 TED- 40-2345 TO: City of Renton PROM: Kennydale Vista, .LLC • Plan Review Section 4020 Lake Washington Blvd. Ste.103 Planning/Building/Public Works Kirkland, WA 98009 200 Mill Avenue South Attn: Mark GoldhPrg Renton,WA 98055 DATE: July 14, 1999 Per the request of the City of Renton,the following information is furnished concerning final costs for improvements installed for he above referenced project. . S t WATER SYSTEM CONSTRUCTION COSTS: _ Length Size Type 489 L.F.of 12 DI WATERMAIN 1069 L.P.of 8 DI WATERMAIN L.F.of WATERMAIN L.F.of " WATERMAIN • T EACH of — " GATE VALVES 5 - EACH of 8 GATE VALVES EACH of " GATE VALVES 5 EACH of " • FIRE HYDRANT ASSEMBLIES $ 47,500 (Cost of Fire Hydrants must be listed separately) • S 8,500 (Fill s) (Include Engineering and Sales Tax if applicable $ 6,400 TOTAL COST FOR WATER SYSTEM $ 62,400 SANITARY SEWER SYSTEM: . . STORM DRAINAGE SYSTEM; Length Size Type Length Size. Type 48 L.P..of 8 " PVC SEWER MAIN 54 LF.of 12 " STORM LINE L.F.of SEWER MAIN 75 L.F.of 30 " RCP STORM LINE L.F.of " SEWERMAIN 75 L.F.of 36 " N-12 STORM LINE 1 EA of 54 " DIAMETER MANHOLES EA of STORM INLET/OUTLET EA of " DIAMETER MANHOLES 3 EA of " I STORM CATCHBASIN (Including Engineering and Sales Tax 4,200 1 EA of 54 " II STORM CATCHBASIN . if applicable) S 1,400 (Including Engineering and Sales Tax 13,500 TOTAL COST FOR SANITARY SEWER SYSTEM s 5,600 if applicable) s 3,500 TOTAL COST FOR STORM DRAINAGE SYSTEM S 17,000 STREET IMPROVEMENTS: (Including Curb,putter,Sidewalk,Asphalt Pavement and Street Lighting) Lincoln Dr. N: 4330tlf vertical curb, gutter, sidewalk & $47,500 NE 40th St.: 195 if vertical curb, gutter, sidewalk & $43,900 _6110 Sq ye of acrhal t SIGNALIZATION: (Including Eng.Design Costs,City Permit Fees,WA St Sales Tax) • None STREET LIGHTING: (Including Eng.Design Costs,City Permit Fees,WA St Sales Tax) 5 street light poles (2 on NE 40th & 3 on Lincoln) $19,400 Mark GoldhPrg 206-524-4846 Print signatory name • day phone# ( NATURE) fornu/COSTDAT2.DOC/bh (Signatory st be authorized agent or owner o subject development) j 19990924000295 111111111 PAGE 004 OF 004 09/24/1999 09:09 KING COUNTY, WA CITY OF RENTON BS 11.00 Sr+- `/6-_i 19990920000346 PAGE 001 OF 006 09/20/1999 09:28 Return Address: I KING COUNTY, UA City Clerk's Office CITY OF RENTON EAS 13.00 City of Renton 1055 South Grady Way .( �3C�REQUIRED Renton WA 98055 CIS� Records 0%vlsfon King DoputY BY • . Title: UTILITIES EASEMENT Property Tax Parcel Number: 5345/0-0100 Project File#:YU i LAA AAllc&)k .-645 Street Intersection or Project Name:NI E,4, I. ,S+ Grantor(s): ��1-� Grantee(s): 1. Kennydale Vista, LLC 1. City of Renton, a Municipal Corporation 2. The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee,the following described property LEGAL DESCRIPTION: For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional • facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. 3. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. • This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. q c5� IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed thisr2--day of Al 19 / .1 OV 41V/13 V(4P` 1-L �y Y� , 44q-005G A-U. • � Page 1 of 6 . 1 INDIVIDUAL FORM OF ACKNOWLEDGMENT ' Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT ' Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: . Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss - COUNTY OF KING ) On this Ileil day of l + (;k& , 19(4'1/,before me personally appeared /9//-e ii 6Gq l-u aVI ri to me known to be 4'�'� (/i �'e- r_ 'S.-i �.t t of the corporation that JEANNE D. Gncv� executed the within instrument,and acknowledge the said instrument to be the free Notary Publk and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated th h STATE OF WASHINGTON mentioned, was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. itiy Comm.Expires MAY 26, 2003 ,nn " A-e Notary Public in and for the State of ashington Notary(Print) �G ti t of i. )2 6ree C) My appointment expires: 5_ 2-0--6 Dated: Y l lio-9. Page 2 of 6 t19990920000346 III I I I PAGE 002 OF 006 09/20/1999 09:28 CITY OF RENTON EAS 13.00 KING COUNTY, WA EXHIBIT"A" LEGAL DESCRIPTION WILLIAMSBURG STREET LIGHT EASEMENT THE NORTH 15 FEET OF THE SOUTH 95 FEET OF THE EAST 15 FEET OF LOT 2, BLOCK 3, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, DIVISION NO. 7, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 18, RECORDS OF KING COUNTY,WASHINGTON, SITUATE IN SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST,W.M., KING COUNTY, WASHINGTON. WILLIAMSBURG WATERLINE EASEMENT THOSE PORTIONS OF BLOCKS 2 AND 3, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, DIVISION NO. 7,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS, PAGE 18, RECORDS OF KING COUNTY, WASHINGTON AND OF LINCOLN PLACE NORTHEAST AND NORTHEAST 41ST STREET (AKA S.E. 83RD STREET), VACATED UNDER CITY OF RENTON ORDINANCE NO. 2961,ALL SITUATE IN SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST,W.M., KING COUNTY,WASHINGTON, LYING WITHIN A STRIP OF LAND EITHER 10 OR15 FEET IN WIDTH, BEING 5 OR 7.5 FEET RESPECTIVELY, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: 15 FEET WIDE PORTION BEGINNING AT A POINT ON THE EAST LINE OF LOT 8, SAID BLOCK 2,WHICH IS S01°39'32"W 16.68 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE S52°01'14"W 68.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'A'; THENCE CONTINUING S52°01'14"W 38.37 FEET; THENCE S02°58'14"W 15.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE CONTINUING S02°58'14"W 24.53 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'C'; THENCE CONTINUING S02°58'14"W 15.81 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'D'; THENCE S14°19'11"W 67.59 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `E'; THENCE S20°55'46"W 76.27 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'F'; THENCE CONTINUING S20°55'46"W 16.78 FEET TO A POINT HEREINAFTER REFERRED.TO AS POINT'G'; - THENCE CONTINUING S20°55'46"W 5.04; THENCE S05°43'24"W 29.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'H'; THENCE CONTINUING S05°43'24"W 59.56 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'J'; THENCE S03°27'57"W 67.46 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'K'; THENCE S01°25'50"E 26.48 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'L'; THENCE CONTINUING S01°25'50"E 7.23 FEET, MORE OR LESS,TO THE NORTH LINE OF THE SOUTH 80 FEET OF LOT 2, SAID BLOCK 3,AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE: ALSO, BEGINNING AT ABOVE SAID POINT 'C'; THENCE N87°38'02"W 73.07 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'M'; THENCE N89°49'42"W 54.88 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'N'; THENCE CONTINUING N89°49'42"W 13.63 FEET; THENCE S02°38'26"W 2.72 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'P'; THENCE CONTINUING S02°38'26"W 26.07 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'Q'; Page 3 10 I PAGE 003 OF 000,06280 06 ,� 1 I� 09i20i1999 09 999 :2892o000346 KING COUNTY, WA CITY OF RENTON EAS 13.00 • I EXHIBIT"A" LEGAL DESCRIPTION THENCE CONTINUING S02°38'26"W 6.06 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'R'; THENCE CONTINUING S02°38'26"W 29.06 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'S'; THENCE S14°24'21"E 21.12 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'T'; THENCE CONTINUING S14°24'21"E 45.49 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'U'; THENCE CONTINUING S14°24'21"E 39.63 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'V'; THENCE CONTINUING S14°24'21"E 4.48 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'W'; THENCE CONTINUING S14°24'21"E 60.99 FEET TO A POINT.HEREINAFTER REFERRED TO AS POINT'X'; THENCE CONTINUING S14°24'21"E 26.88 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'Y';THENCE CONTINUING S14°24'21"E 8.76 FEET TO A POINT FROM WHICH THE ABOVE DESCRIBED POINT 'J' BEARS N89°18'41"E; THENCE N89°18'41"E TO SAID POINT''AND THE TERMINUS OF THIS CENTERLINE: 10 FEET WIDE PORTION ALSO, BEGINNING AT ABOVE DESCRIBED POINT'A';THENCE S36°00'E 18.8 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'B';THENCE N85°20'W 10.3 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'D';THENCE S82°30'E 25.7 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'E';THENCE S75°12'E 26.8 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'F';THENCE S63°12'E 36.5 FEET; THENCE N20°44'E 18.0 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'G';THENCE N69°04'W 16.0 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'H';THENCE S85°37'E 27.8 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'K';THENCE N89°11'W 21.3 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'L';THENCE S87°28'E 26.4 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'M';THENCE NO2°48'W 17.8 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'N';THENCE N00°10'E 26.8 FEET; THENCE S89°25'E 21.2 FEET; • ALSO, BEGINNING AT ABOVE DESCRIBED POINT'P';THENCE N88°21'W 15.4 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'Q';THENCE N80°27'W 32.2 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'R';THENCE S87°19'E 25.4 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'S';THENCE N89°25'E 9.6 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'T';THENCE N81°17'E 32.6 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'U';THENCE S76°15'W 46.7 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'V';THENCE N87°34'W 15.5 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'W';THENCE N67°35'E 33.4 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT 'X';THENCE S73°49'W 19.8 FEET; ALSO, BEGINNING AT ABOVE DESCRIBED POINT'Y';THENCE S50°01W 17.9 FEET. Page 4 of 6 1999092000034 r11 PAGE 004 OF 006 111111 09/20/1999 09:28 KING COUNTY, WA CITY OF RENTON EAS 13.00 EXHIBIT"A" • LEGAL DESCRIPTION THE SIDELINES OF SAID EASEMENT BEING EXTENDED OR SHORTENED TO INTERSECT THE PROPERTY BOUNDARIES AT POINTS WHERE THE CENTERLINE INTERSECTS SAID BOUNDARIES. • • ep;C. FEb i • ..ov ,As • •ig �*f �s;. 1. • • • • � 22956 f �0 k �n• �NAL LAB .0 j EXPIRES: 5/04/01 ��W4MNMMMV//I//I//III/11 Page 5 of 6 • 1p! 6 19990920000346 PAGE 005 OF 006 09/20/1999 09:28 KING COUNTY, WA CITY OF RENTON EAS 13.00 I !I Map Exhibit 11 jl LEGAL DESCRIPTION EXHIBIT WILUAMSBURG CONDOMINIUMS WATERUNE AND STREET UGHT EASEMENT BASELINE ENGINEERING, INC. BEI PROD. NU. 97-144 7/19/99DJD it B A P IIU. irk i ' 1 C R C/L OF 15' D 1 Q WATERLINE EASEMENT (TYP) S T E .........7 ` . /L OF 10' WIDE ,a /U WATERLINE W [ASEMF.NIT (TYP) N.T.S. 1.14 V \ e X H 11 / Y _ J K 15' X 15' STREET—N L 111 UGHT EASEMENT r l o NOTE: THIS EXHIBIT IS FOR GRAPHICAL PURPOSES AND IS NOT INTENDED TO BE SCALED. - 7 199909200003'6 Ili PAGE 006 OF 006 I I , IJ 09/20/1999 09:28 KING COUNTY, WA CITY OF RENTON EAS 13.00 Page 6 of 6 �STA7f bk s cn :anti 46' State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard-Mill Creek,Washington 98012-(425)775-1311 November 8, 1999 Yt ■ .0 a. •i#irr 's w 7 City of Renton Planning/Building/Public Works Department ATTENTION: Gregg Zimmerman P.E., Administrator N O V 1999 1055 Grady Way South CITY OF RENTON Renton, Washington 98055 PUBLIC WORKS ADMIN. Dear Mr. Zimmerman: SUBJECT: Stream and Wetland Buffers; Williamsburg Condominiums, Gypsy Creek Subasin Drainage, Tributary to Lake Washington,King County,WRIA 08.MISC The Washington Department of Fish and Wildlife (WDFW)has just received your letter dated October 12, 1999 in response to WDFW's June 3, 1999 letter regarding the stream and buffer violations at the Williamsburg Condominiums. First, WDFW requests an immediate on site meeting with you to determine if the project is in compliance with the conditions outlined in your letter. WDFW will then need to decide if it will take enforcement action against the owner and contractor for the riprap which was installed without Hydraulic Project Approval (HPA). In trying to determine this, I have left at least two phone messages this past summer for Renton code compliance inspector Bob Arthur which were not returned. WDFW is concerned about the statement in your letter that WDFW had found the project to be acceptable. I had met at the site with the applicant's consultants and informed them that there were serious problems with what was being proposed. They apparently didn't like what i had told them, so they met with Ted Muller, my supervisor,who had not seen the site. Mr. Muller was left with a different impression, similar to the position that I had taken on the proposal, after seeing the site months later. But a real mess was created by the consultants' meeting with Mr. Muller without my presence or knowledge. Possibly these same consultants returned to the City after meeting with Mr. Muller and gave the City the impression that WDFW found the project acceptable. Nevertheless, it is not part of Mr. Muller's normal duties to handle such a project, and the consultants' meeting with him created a lot of problems. The only written communication in the file from WDFW to the City is the July 23, 1997 letter from me to Mark Pywell. That letter discussed the serious problems with the project. It is unfortunate that Tony Oppermann handled issuance of the HPA for WDFW after having been assigned to without my knowledge while I was away at my mother's funeral. Mr. Oppermann did not have all the information about the project. Also,the project was still under 4 Mr. Zimmerman November 8, 1999 Page 2 appeal a second time by Monica LaFever after the second determination of non-significance- mitigated was issued. Thank you for explaining how the riprap had gotten installed on the stream bank. This is contrary to the Hydraulic Code,which does not allow bank protection if an area is not eroded, and then with the preference for bio-engineered bank protection. This riprap is serious overkill for a problem which was only anticipated. This is in addition to the complete removal of the stream buffer vegetation. Many civil engineers are ignorant about habitat friendly designs and think rock is required when it is not necessary. The result is direct loss of public resources. It is a shame that this project was constructed before there was opportunity to re-evaluate it to correct its deficiencies, including the wetland encroachments, inadequate buffers, and fish passage barrier. Denial of the HPA would have been appropriate to ensure that the project was redesigned to comply with WDFW policies. Please contact me at(425) 649-7042 as soon as possible to schedule the on-site meeting. If we have this meeting within the next 30 days and confirm that the problems with the riprap have been corrected, it may not be necessary to request criminal citations for the owner and contractor. Sincerely, Larry Fisher Area Habitat Biologist LF:lf:CORZIM.G cc: WDFW,Muller WDFW, Oppermann %y ,o41 f CITY OF RENTON ..1 i204Ap. Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator November 22, 1999 Mr. Alan Bauman Polygon Development 4030 Lake Washington Blvd., Suite 208 Kirkland,WA 98033 SUBJECT: WILLIAMSBURG DEVELOPMENT Dear Alan, I left you a phone message last week, I believe on the 19th, informing you of the stream and wetland monitoring requirement and required surety device. Per the Renton Municipal Code, Sections 4-3-110M12f and 4-3-110R1&2, monitoring is a requirement of the Wetland Mitigation Plan in order to evaluate the success of a project provided in a mitigation plan. Monitoring is required quarterly for the first year and annually thereafter, for a period not less than 5 years. To ensure that the monitoring is performed in accordance to the code, and that the mitigation meets the performance standards contained in the mitigation plan, a surety device in the amount equivalent to one and one- half times the estimated cost of the performance is required. The mitigation plans that are part of your project application indicate that monitoring will be performed in accordance to our code. However. we have not received a surety device and as far as I can tell, we have not received a quarterly report on the status of both the wetlands and stream. Please be advised that the issuance of any future Temporary or Permanent Certificates of Occupancy and the existing surety device for the site improvements will be withheld until all code related requirements are satisfied. If you have any questions please call me at (425) 430-7218. Thanks, Alan, for your assistance. Sincerely, - C ana Hanson Development Services Director Cc: Mark Goldberg SDA Bros., Inc., 4739 University Way NE, Suite 1607, Seattle 98105 Yellow file 1055 South Grady Way-Renton,Washington 98055 atThic naner contains 50/recycled material 90%nest consumer September 20, 1999 Renton City Council Minutes Page 317 personnel throughout King County who work with the youth firesetting intervention program called Firestoppers. AUDIENCE COMMENT Jon Eastlake,289 Perimeter Road E.,Renton, 98055,representing the Delta Citizen Comment: Eastlake— Society,,reported that although this non-profit organization wants to lease the Tenant Space in Former first floor of the former municipal building at 200 Mill Ave. S.,it was informed Municipal Building that first priority is to be given to"high-tech"companies. Mr. Eastlake asked that the City reconsider this preferential treatment so the Delta Society can pursue its interest in this matter. In response to Councilmember Nelson,Mr.Eastlake said the Delta Society is a national charity whose mission is to promote using animals to help people to improve their health, independence and quality of life. • Responding to Council President Parker,Mayor Tanner said this building is especially suitable for high-tech companies because it is wired with fiber optics and boasts an uninterruptable power supply. He added that the City is keenly interested in attracting these types of businesses to Renton. Councilmember Keolker-Wheeler noted that the Delta Society has operated in Renton for a long period of time. She suggested that staff find out whether the organization would be interested in purchasing the recently surplussed police annex building. Councilman Clawson added that the City's Economic Development Division might be able to help the Delta Society find a satisfactory new location. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. CAG: 99-117, 1999 Sidewalk City Clerk reported bid opening on 9/15/99 for CAG-99-117, 1999 Sidewalk Rehabilitation,Gary Merlino Rehabilitation; six bids;project estimate$92,770; and submitted staff Const Co recommendation to award the contract to the low bidder, Gary Merlino Construction Co.,in the amount of$84,183.00. Council concur. CAG: 99-084,Former Community Services Department submitted CAG-99-084,Former Municipal Municipal Bldg 2nd Floor Building Second Floor Deck Repair project; and requested approval of the Deck Repair,Diamaco project,,authorization for final pay estimate in the amount of$37,946.61,, commencement of 60-day lien period,and release of retained amount of $1,831.40 to Diamaco,Inc., contractor,if all required releases are obtained. Council concur. CRT: 99-008, Stein v Renton Court Case filed by James A. Trujillo on behalf of John Stein,a former City of Renton employee, alleging breach of contract, constructive discharge and negligent infliction of emotional distress. Refer to City Attorney and Insurance Services. Plat: Root Short Plat, 504 S Development Services Division recommended accepting a dedication of right- Tobin,ROW Dedication of-way in an alley adjacent to 504 S.Tobin St.to fulfill a requirement of the (SHP-99-022) Root Short Plat(SHP-99-022). Council concur. Public Works: Oversizing Planning/Building/Public Works Department recommended approval of the Request,from Kennydale request from Kennydale Vista LLC for reimbursement in the amount of Vista for Williamsberg Condp $5,602.62 for oversizing the water main for the Williamsberg Condominium '5j _c'�, (oL4 (Lincoln Ave.N.and N.40th St.)at the City's request. Council concur. CAG: 99-051,SW 27th St Surface Water Utility Division submitted CAG-99-051, SW 27th St. Culvert Culvert Procurement, Procurement project; and requested approval of the project, authorization for Oldcastle Precast final pay estimate in the amount of$16,567./1, commencement of 60-day lien period, and release of retained amount of$3,998.00 to Oldcastle Precast,Inc., contractor,if all required releases are obtained. Council concur. Y OF RENTON COUNCIL AGENDA BILL AI#: R•p,. • For Agenda of: September 20, 1999 Dept/Div/Board.. Planning/Building/Public Works Dept. Staff Contact Abdoul Gafour (x7210) Agenda Status Rick Moreno (x-7208) Consent X Subject: Public Hearing.. Reimbursement for cost related to oversizing of water main Correspondence.. Ordinance for Williamsberg Condominium Resolution Old Business Exhibits: New Business Letter of request for reimbursement from developer Study Sessions Information Cost Data for oversizing of water main Recommended Action: Approvals: Council Concur Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $5,602.62 Transfer/Amendment Amount Budgeted $5,700.00 Revenue Generated Total Project Budget $5,700.00 City Share Total Project.. Account#421.0500.018.034.65.05100/055100 SUMMARY OF ACTION: Kennydale Vista LLC, the developer for Williamsberg Condominium located at Lincoln Ave. N and N 40th Street, was directed by the City to install about 500 feet of 12-inch water main along the frontage of Lincoln Ave. N. The development would normally need to install an 8-inch water main. The oversizing of the water main from an 8-inch to a 12-inch line is required to comply with the Water Utility Comprehensive Water System Plan and it is consistent with City Code. The developer requests reimbursement from the City for $5,602.62 for cost related to the oversizing of the water main. The Water Utility has reviewed the costs and found them acceptable. The reimbursement will be paid from the Water Utility 1999 Capital Improvement Project budget for "Pipe Oversizing". There are sufficient funds in this account to pay for the reimbursement. STAFF RECOMMENDATION: The Water Utility Section of the Planning/Building/Public Works Department recommends that Council authorize the payment of$5,602.62 to Kennydale Vista LLC., for cost related to the oversizing of the water main in Lincoln Ave N. H:\DIVISION.S\UTILITIE.S\WATER\ABDOUL\PLANRVW\WILLIA- 1.DOC/AG:lf REAL ESTATE INVESTMENT SERVICES THE M . S. CAVOAD CO . INCORPORATED ,, 1„, , cnto..„ gIn111 t/(5e(714411_ Muir(4ritEt, ALL Xl-e/twk dttql alidieniot a° ,uttoittfitmbettleelzt- ,e;14Mj,z_ a " iux& u j ten, 41,E,414_ aftezt4L , VA,e) dadypt... ala-eifir,&,6 .49ye- _et piAitiawati tot ,-6a2 - GL /2 ' 1(5 ��e z . t oyi 61731461 41-1 (14' Koine(aide_ 0._Clit . Aucaitt:/14, , eau/ Koincyd4(e_ r L IZ 4739 University Way Northeast,Suite 1607 (206)524-4846 Seattle,Washington 98105 Fax(206)524-2927 4 Sheet1 Estimate for 8" Water Main in Lincoln Ave. NE Item Unit Quantity Description Unit Cost Total Cost 1 LF 497 8" CL. 52, DIP(TJ) $ 9.42 $ 4,681.74 2 EA 1 8" (MJ) LONG BODY SLEEVE $ 73.50 $ 73.50 3 EA 2 8"45° BEND (MJ X MJ) $ 156.80 $ 313.60 4 EA 1 8"X 8"TEE (FL X FL) $ 135.54 $ 135.54 5 EA 1 8" FL ADAPTER $ 67.51 $ 67.51 6 EA 1 8"X 6"TEE (MJ X FL) $ 170.95 $ 170.95 7 EA 1 8" CROSS (MJ X FL) $ 427.03 $ 427.03 8 EA 1 8" BLIND FLANGE $ 43.56 $ 43.56 9 EA 1 8" BL. FL. FOR 2"TAP $ 43.56 $ 43.56 10 EA 2 8" PLUG (MJ)W/2"TAP $ 33.76 $ 67.52 11 EA 1 8" GATE VALVE (FL X MJ) $ 347.54 $ 347.54 12 EA 3 8" BLK BOLT AND NUT KIT $ 8.31 $ 24.93 13 EA 3 8" RING GASKET SET $ 1.89 $ 5.67 TOTAL 8" PIPE COST $ 6,402.65 Estimate for 12" Water Main in Lincoln Ave. NE ' Item Unit Quantity Description Unit Cost Total Cost 1 LF 497 12" CL. 52, DIP(TJ) $ 17.30 $ 8,598.10 2 EA 1 12" (MJ) LONG BODY SLEEVE $ 127.03 $ 127.03 3 EA 2 12"45° BEND (MJ X MJ) $ 153.65 $ 307.30 4 EA 1 12"X 8"TEE (FL X FL) $ 448.85 $ 448.85 5 EA 1 12" FL ADAPTER $ 110.10 $ 110.10 6 EA 1 12"X 6"TEE (MJ X FL) $ 247.42 $ 247.42 7 EA 1 12" CROSS (MJ X FL) $ 1,085.84 $ 1,085.84 8 EA 1 12" BLIND FLANGE $ 96.19 $ 96.19 9 EA 1 12" BL. FL. FOR 2"TAP $ 113.72 $ 113.72 10 EA 2 12" PLUG (MJ)W/2"TAP $ 61.10 $. 122.20 11 EA 1 12" GATE VALVE(FL X MJ) $ 674.39 $ 674.39 12 EA 3 12" BLK BOLT AND NUT KIT $ 20.67 $ 62.01 13 EA 3 12" RING GASKET SET $ 4.04 $ 12.12 TOTAL 8" PIPE COST $ 12,005.27 SUMMARY TOTAL 12" PIPE COST $ 12,005.27 TOTAL 8" PIPE COST $ 6,402.65 DIFFERENCE IN COST $ 5,602.62 Page 1 04/14/1999 22:21 2055242927 THE MS CAVOAD CO PAGE 01 F ESTATE INVESTMENT SERVICES THE M S . CAVOAD CC9E-'-Apo A' INCORPORATED. CITY OFR�M ON1V11yC •177-gg 7z/ APR 15 1999 1V� /29/m---71 To: \,1and- th611f, �KQ �5e. geviekl ti ,Date: 4 /e! 99 Company: City �Prl��n Time: ff G P/ FAX #: ( 2C) 30 - 73d6 No. of Pages: 5 / (Including This Cover Sheet) From: /tfdtI gI&.6e Subject: 14/4,066Or Co nha nil n/oHr1f — reACE-S (If you have any problem with this transmission, please call . MESSAGE, vL& a4rntL , aak. 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" • , • .:.Z IT. . .. i 1-7.. . 1 :.•.:' 1 „ I 1 i 6i .-, - ...i•96- -- .,. ,-- 5--- ----. --„,•---.,-...-::::•"...-• 7."--':-MIRI -...,. .:fF4.H . e 1. I I v ., I I ‘• '.. 98 '1 t I.,' .-..... ' •-•......-,..;••• -'"' ..... . ,... . ..„....r.-.. r: =.,. , ..,..,.. . ..;,....'.1-z•V:..1. 4 1.c;..ri.. .1:::.t.......:„ 1..:'..,...:..... 1 ' -.4. ' 14 ;7;.13'1•VaFt*.7:FE:NFF?'',' -- WalliVrtS ...&:, ,..V.1 i4i.,:.>:!.' ,1 ..;.... : .!'; \ I-_. • . Renton Place Division II Talbot Rd S and 500 Blk of S 23rd Street LUA96-157,PP,ECF 'LAB 1 .11 ci c y- s 0,-c to I b I 19046r RENTON PLAZA ASSOCIATES CU-025-83, V-026-83 Cr © V 07 a Talbot Road & Puget Drive To allow adjacent lease parking in R-4 zone. REF: ECF-004-83 RENTON PLAZA - PHASE II SEE : CU-074-87 (LEWIS & CLARK FINACIAL CORPORATION) April 21, 1999 Mark Goldberg The M.S. Cavoad Co. 4739 University Way Northeast Suite 1607 Seattle, WA 98105 Subject: Modification to Site Plan LUA96-164, SA, ECF, Williamsburg Condominiums, Renton WA Dear Mr. Goldberg: This letter is sent in response to your request to modifiy fences from what is currently showing on the Site Plan. We permit a 3-foot high fence in place of the four foot high fences and allowing the elimination of the fence section behind building C as described in your requiest dated 4/14/99. The relocation of the fence from the south and east sides of Building J to the area along the curve of the entry wall is also approved. The fence is required to be built along the top of the rockery which runs along the south side of N. 40th Street. The fence shall be erected where the rockery is over 3' in height. Said fence shall be constructed to match the perimeter fencing planned for the site and shall be a minimum of 4 feet to a maximum of 6 feet in height. We require a landscape/fencing plan that shows compliance with other site plan conditions (basketball hoop and bus stop). The project will not be finaled until these conditions are met. Please be advised that all site plan conditions and ERC mitigation measures must be satisfied prior to occupancy permits. As of this date we have not received plans which reflect the required basketball hoop and bus stop relocation. Please resubmit a landscape plan that clearly illustrates plant types (End paragraph with appeal language/parties of record). Please feel free to contact me or Roy Publico at (425) 430-7289 if you have any questions regarding this letter. Sincerely, Jana Hanson, Zoning Administrator ,_,...: . — f r-- ' i)pA- C . . April 21, 1999 2 Mark Goldberg The M.S. Cavoad Co. 4739 University Way Northeast Suite 1607 Seattle, WA 98105 (r -- ,17QG/ii c_a- ALL rl, � p � -� Subject: Permisssbn-of--3=foot-high-fence;Williamsburg Condominiums, Renton WA ` _l( . \ 1 Dear Mr. Goldberg: �•tif oil :54-r., V )1 �v 1 • .4 1 This letter is sent in response to c. our re uest- r Thodif 'atier s t ences from t �)\,. \ what is currently showing on the�Y(Site Plan. We .are ermitt - a 3-foot high \`) c fence on-plans-as-shownWe require a landscape/fencing plan that shows L. �: complian a with other site pan conditions (basketball hoop and bus stop). The �,G:,L.�`( /-i,,•C project will of be finnaled u fil these conditions are pt., __. --L-9/7 , 'r ,,� '•'i "-' J [f Z, Mi-h q• c�� r�,?1-�j�t1'e`car.: Fn.� ,.r - Please feel fr-e to contact me or Roy Publico d (425) 430-7289 if you have ally ' CO questions reg rding this letter. 4'-'/ , t•c S';CIL' ,'t' r:E aVu,1 �2h13 w�=_r c.f•�.. r-e- (.C7L''f-Mu_ ,Ica'l/ ,,3... - ,•#1��;;�_.4.-r`.kai-t= /':�CPC1,,_. �/- d,?(;l5 5�"�¢7 12 f'11!_'+to i ,-,�V�- r-6� ; l 6J 9‘,\N-ji?! �� (='I � c--e��fbr,-e�-1-':ri...LciJu�.ots cE �� �4-1�.�" ��= L5 Sincerely, f _ �' / / ')I k' ri- - il' /2 / /)., / . ri ,'/,/,,,/ azariv/ r/r-( -t- ,e/Gu I'-' s,,.-7 ,�,,/ t 1,,,,,,„,..., Jana Hanson, 22?c' -!-i kA_,...0.1 0,44 C ;r J"�` ,r, Zoning Administrator , , -, �., 1 I ,._- { Li I 11 n� !VLC 4C , � 't11 -• ( � L r r«. 1 �f , .,.16,,, L ii['•:; Y AN-7) 6.0 ,i-esvi_A �j 0 ZE:,L ti4 ,J;GG,5_1- $1 e,'1 �'.;i ,tiif6;01(6 t 61 r �t-LQ_.' C t'E' --t Tif 0 tusrILL„ 1 'fit 1 ✓z 1 Cr pprov �'of c `�� ff he /2/elpl. ,,t (C ., , �4 _// �/91/ / JLL /� s_f- ,. 7 __�_ Y I' CEP-,r t.� Gc>�j'( I tt i . r'a ?c �,,; i Erf..t. -. , . I Ge 6frI L '- �Z/:tic-fc" / Gaur•.e {• C, T C , y I L ,r '411 ilf-111‘'-' �1 '-',¢!- Fitt 6G•1,,6%--1 C- afrif'Grl k(i s/!l( 1,_,f 44( .( c�!�a",,; ,,T;r;i"=",e''- A''.r''GC�i� ,aze-,7.�i,_,� K;6Gl -/?u < - 6? `�AU2. ( j ,7 m;p, ,-,-,,.,',.., (27 sj P1 cf i71)'L'4 !• k r / r `r ` � ' ` ' ` � � � | � | � `/ // � | i �— —_--_----_—_.-----` ' Y � \ / � / | K / | �� / `U ' / �| ' ` —__— '___—__—_ / — ______—-_' / / ` / � � | ! � �/ / -- � ----, — |' .^~__~ —__ ' � | /h | | ` / ----_ ` > ' -- � / . | ` / —.___. / / A ` ! � � / ' . /�( / / / ' � �� \ � / | / ' � --'— ' -- i �o � |" . � � U |^ �Y |U ' . | | \ | \� | 0 CIT' DF RENTON IA N Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM iieCEiv To: Mark R. Pywell, AICP FEB 1 3 1998 From: Lawrence J. Warren, City Attorney DEVEIopiw�NT Date: February 12, 1998 Ci7yoFR oNAHNG Subject: Williamsburg Condominiums LUA-96-164, SA, ECF 1. Declaration of Covenant Regarding Airport Proximity 2. Articles of Incorporation of Williamsburg Condominium Association 3. Williamsburg Condominiums Public Offering Statement 4. Declaration and Covenants, Conditions, Restrictions, and Reservations for Williamsburg Condominium I have reviewed the above-referenced documents and the same are approved as to legal form except that there is no sales brochure included containing a disclosure of proximity to the airport. If the Public Offering Statement was to satisfy that requirement, I couldn't find a reference to the airport. Lawrence J. Wa ren LJW:as. cc: Jay Covington A8:137.56. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 C�Thie nnnur rnnfnine�n i ronnio,a.n�mri�i �n i nn t nnn n,or S l When Recorded, Return to: HILLIS CLARK MARTIN&PETERSON,P.S. Attention: Steven R. Rovig - 500 Galland Building . 1221 Second Avenue Seattle,WA 98101-2925 • DECLARATION OF COVENANT REGARDING AIRPORT PROXIMITY Grantor: 1) KENNEYDALE VISTA,L.L.C. 2) ❑Additional on page Grantee: 1) WILLIAMSBURG CONDOMINIUMS 2) ❑Additional on page Legal Description Lots 1 and 2,Block 3 and Lot 8,Block 2,C.D.Hillman's Lake Washington (abbreviated): Garden of Eden Addition to Seattle,Div.7,Vol. 16,pg. 18. 0 Additional on: EXHIBIT A Assessor's Tax Parcel ID#: 334570-0100-02;334570-0076-02 Reference Nos.of Documents Released or Assigned: THIS DECLARATION is made this day of , 1998 by KENNYDALE VISTA,L.L.C. ("Declarant"). RECITALS A. Declarant is the owner of certain real property located in the City of Renton, King County, Washington, and more particularly described on the attached EXHIBIT A("Property"). Declarant is constructing a residential condominium project on the Property to be known as Williamsburg Condominiums("Project"). B. The City of Renton has required Declarant to record a covenant in connection with development of the Project regarding the Project's proximity to,the Renton Municipal Airport. Accordingly, Declarant desires to record such a covenant as set forth herein. KenneydalelWilliamsburg Covenant page 1 of 2 #79465 16242-2 1PBD01!.DOC 2/05/98 DECLARATION 1. COVENANT. For the purpose of providing notice to purchasers of condominium units within the Project, Declarant hereby declares that the Property is within 10,000 feet of the Renton Municipal Airport and that the Property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. 2. COVENANT RUNNING WITH THE LAND. The covenant contained herein shall be deemed a covenant running with the land and shall inure to the benefit of, and shall be binding upon, all persons having a right,title or interest in such land and their _ respective successors, grantees,heirs and assigns. _. EXECUTED the day and year first above written. DECLARANT: KENNYDALE VISTA,L.L.C. By Name: Title: STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me to me known to be the of KENNYDALE VISTA, L.L.C.,the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires KenneydalelWilliamsburg Covenant page 2 of 2 #79465 16242-2 1PBD01 LDOC 2/05/98 _ EXHIBIT A LEGAL DESCRIPTION PARCEL A: Lots 1 and 2,Block 3, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 7, according to the plat thereof recorded in Volume 16 of Plats, page 18, in King County, Washington; EXCEPT the south 80 feet of Lot 2; TOGETHER WITH that portion of Lincoln Place Northeast and Northeast 41st Street(SE 83rd Street), adjacent,vacated under City of Renton Ordinance No. 2961,which attaches by operation of law. PARCEL B: Lot 8,Block 2, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 7, according to the plat thereof recorded in Volume 16 of Plats,page 18, in King County, Washington; TOGETHER WITH that portion of Northeast 41st Street(SE 83rd Street), vacated under City of Renton Ordinance No. 2961,which attaches by operation of law. KenneydalelWilliamsburg Covenant Exhibit A #79465 16242-2 1PBD011.DOC 2/05/98 0.4044, ARTICLES OF INCORPORATION ``' OF WILLIAMSBURG CONDOMINIUM ASSOCIATION In compliance with the requirements of RCW ch.24.03 relating to nonprofit corporations,the undersigned, who is a resident of the State of Washington,and who is of legal age,has this day formed a corporation,not for i profit,and does hereby make,subscribe,execute and adopt,in duplicate,the following Articles of Incorporation and does hereby certify: ARTICLE 1 NAME The name of the corporation is Williamsburg Condominium Association. ARTICLE 2 REGISTERED OFFICE The initial registered office of the Association shall be located at 4739 University Way N.E.,Suite 1607, Seattle,Washington 98105. ARTICLE 3 • REGISTERED AGENT Mark Goldberg,whose address is 4739 University Way N.E.;Suite 1607,Seattle,Washington 98105,shall be the initial registered agent of the Association. ARTICLE 4 PURPOSE AND POWERS OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members thereof,no dividends shall. be paid,and no part of the income of the Association shall be distributed to its members,directors,or officers. The purposes for which the Association is organized are to provide an entity pursuant to the Washington Condominium Act(RCW ch.64.34)("Condominium Act"),for the operation of Williamsburg Condominiums("Condominium"), located in King County,Washington,and to engage in all such activities as are incidental or conducive to the attainment of the objectives of the Association and all activities which are permitted to be done by a nonprofit corporation under any laws that may now or hereafter be applicable or available to the Association. The powers of the Association shall be subject to and exercised in accordance with the provisions of the Declaration and Covenants,Conditions,Restrictions and Reservations for Williamsburg Condominiums("Declaration"),as recorded in the records of King County,as it may from time to time be amended. ARTICLE 5 MEMBERSHIP The Association shall have one class of members which shall consist of the Owners of the Units in the Condominium. All members shall have rights and duties as specified in the Declaration,and in theso'Articles of Incorporation,the Bylaws,and the rules and regulations of the Association. Williamsburg Condominiums-Articles of Incorporation page 1 of 4 #79414 16242-2 1P9Y01!.DOC 2/05/98 ARTICLE 6 VOTING Each Owner shall have(1)vote for each Unit owned by such Owner. Each Owner shall designate to the Secretary of the Association in writing one person,known as the Voting Member,to cast the vote or votes appertaining to the respective Unit. Voting and the granting of proxies shall be as provided in the Bylaws and in the Declaration. ARTICLE 7 DECLARANT CONTROL During the period of Declarant Control of the Condominium,the Declarant shall,at its option,have and exercise all of the rights and powers of the Association as provided in the Declaration. ARTICLE 8 BOARD OF DIRECTORS The affairs of the Association shall first be managed by a board of two(2)directors,who need not be members of the Association. The number of directors may be changed as provided in the Bylaws of the Association;provided,however,there shall not be fewer than two(2)directors. The names and addresses of the persons who are to act in the capacity of directors until they are removed,resign or until the selection of their successors are: Name Address Mark Goldberg 4739 University Way N.E.,Suite 1607 Seattle,WA 98105 Allen Bauman 4020 Lake Washington Blvd,Suite 103 Kirkland,WA 98027 ARTICLE 9 INCORPORATOR The name and address of the incorporator of the Association is: Mark Goldberg 4739 University Way N.E.,Suite 1607 Seattle,WA 98105 ARTICLE 10 LIMITATION OF DIRECTORS' LIABILITY No director shall have liability to the Association or its members for monetary damages for conduct as a director,except for acts or omissions that involve intentional misconduct by the director,or a knowing violation of law by the director,or for any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled. If the Washington Nonprofit Corporation Act as currently enacted or as hereafter amended authorizes corporate action further eliminating or limiting the personal liability of directors,then the liability of the directors of the Association shall be eliminated or limited to the full extent permitted by the Washington Nonprofit Corporation Act,as so amended. Any repeal or modification of this Article shall not adversely affect any right of protection of any director.of the Association existing at the time of such repeal or modification for or with respect to any act or omission of such director occurring prior to such repeal or modification. Williamsburg Condominiums-Articles of Incorporation page 2 of #79414 16242-2 1 P9Y01 l.DOC 2/09/98 ARTICLE 11 INDEMNIFICATION To the full extent permitted by the Washington Nonprofit Corporation Act and the Condominium Act, each • member of the Board of Directors,each member of an Association committee,each officer of the Association,the Declarant who filed the Declaration and the Managing Agent of the Association shall be indemnified by the Association against all expenses and liabilities,including attorneys' fees,reasonably incurred by or imposed in connection with any proceeding to which he or she may be a party or in which he or she may become involved by reason or holding or having held such position,or any settlement thereof,whether or not he or she holds such position at the time such expenses or liabilities are incurred,except to the extent such expenses and liabilities are _. _. covered by insurance and except in such cases wherein such person is adjudged guilty of willful misfeasance in the performance of his duties;provided that,in the event of a settlement,the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association.Nothing herein shall,however,be deemed to obligate the Association to indemnify any owner of a Unit under the Declaration who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by such owner under and by virtue of the Declaration as an owner of a Unit covered thereby. ARTICLE 12 DURATION The period of existence of the Association shall be perpetual. ARTICLE 13 AMENDMENTS Amendment of these Articles shall require the assent of the members having sixty-seven percent(67%)of the total voting power of the Association. ARTICLE 14 DISSOLUTION On dissolution or fmal liquidation of the Association,the assets of the Association shall be distributed among the members of the Association in accordance with the Declaration and the Condominium Act. ARTICLE 15 DEFINITIONS AND INTERPRETATION The terms used in these Articles of Incorporation shall have the same meaning as in the Declaration unless specifically indicated to the contrary. In the case of any conflict between the Articles of Incorporation and the Bylaws,the Articles of Incorporation shall control. In the case of any conflict between the Articles of Incorporation and the Declaration,the Declaration shall control. EXECUTED this day of , 1998. Mark Goldberg Williamsburg Condominiums-Articles of Incorporation page 3 of 4 #79414 16242-2 I P9Y01!.DOC 2/05/98 CONSENT TO SERVE AS REGISTERED AGENT Mark Goldberg,hereby consents to serve as Registered Agent in the State of Washington for Williamsburg Condominium Association. It is understood that,as agent for the Association,Mark Goldberg will have the responsibility to receive service of process in the name of the Association;to forward all mail to the Association; and to immediately notify the office of the Secretary of State in the event of his resignation,or of any changes in the registered office address of the Association for which he is agent. DATED this day of , 1998. Mark Goldberg Address: 4739 University Way N.E.,Suite 1607 Seattle,Washington 98105 Williamsburg Condominiums-Articles of Incorporation page 4 of 4 #79414 16242-2 1P9Y011.DOC 2/05/98 t Cy WILLIAMSBURG CONDOMINIUMS � .. .,., PUBLIC OFFERING STATEMENT • The following notices and information are provided to purchasers of Units within Williamsburg Condominiums("Condominium")pursuant to the Washington Condominium Act,RCW ch.64.34,("Act")by Kennydale Vista,L.L.C.,the developer of the Condominium,referred to herein as the"Declarant." A. PURCHASER'S RIGHT TO SEEK LEGAL COUNSEL This Public Offering Statement is only a summary of some of the significant aspects of purchasing a Unit in this Condominium. The Condominium documents are complex,contain other important information, and create binding legal obligations. You should consider seeking the assistance of legal counsel. B. WARRANTIES A purchaser may not rely on any representation or express warranty unless it is contained in the Public Offering Statement or made in writing signed by the Declarant or by any person identified in the Public Offering Statement as the Declarant's agent. C. PURCHASER'S RIGHT TO CANCEL 1. The purchaser of a Unit in this Condominium is entitled to receive a copy of this Public Offering Statement and all material amendments hereto before conveyance of the Unit. Unless a purchaser is given the Public Offering Statement more than seven days before execution of a contract for the purchase of a Unit,the purchaser,before conveyance,shall have the right to cancel the contract within seven days after first receiving the Public Offering Statement. If necessary in order to have seven days to review the Public Offering Statement and cancel the contract,the purchaser may extend the closing date for conveyance of the Unit to a date not more than seven days after first receiving the Public Offering Statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment to the Public Offering Statement unless the purchaser would have that right under generally applicable legal principles. 2. If a purchaser elects to cancel a contract,the purchaser may do so by hand delivering notice thereof to the Declarant or by mailing notice thereof by prepaid United States mail to the Declarant or Declarant's agent for service of process. Cancellation,in accordance with this Section C,is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly. The address of the Declarant to which any such notice of cancellation should be delivered or mailed is: Kennydale Vista,L.L.C. do M.S.Cavoad Co. 4739 University Way N.E.,#1607 Seattle,WA 98105 • D. INFORMATION ABOUT WILLIAMSBURG CONDOMINIUMS This part of the Public Offering Statement contains specific information about this Condominium project which has been prepared by the.Declarant. The Declaration and Covenants,Conditions,Restrictions and Reservations for Williamsburg Condominiums to be recorded in the real estate records of King County is referred to herein as the"Declaration." Williamsburg Condominiums Public Offering Statement page 1 #79412 16242-2 1P9W011.DOC 2/09/98 1. Condominium. The name and address of the Condominium is: Williamsburg Condominiums 4000 Lincoln Avenue N.E. Renton,WA 98056 2. Declarant. The Declarant's name and address is: Kennydale Vista,L.L.C. do Polygon Management 4020 Lake Washington Blvd,Suite 103 Kirkland,WA 98027 3. Management Company. The name and address of management company is: Suhrco Residential Properties LLC 10655 N.E.4th,Suite 711 Bellevue,WA 98004 4. Relationship of Management Company and Declarant. The relationship,if any,of the management company to Declarant is: NONE. 5. Other Declarant Condominium Projects. The following condominium projects are the most recent projects completed by affiliates of the Declarant within the past five years: 6. Interest Offered. The nature of the interest being offered for sale is fee simple. 7. Uses. Units and common,elements may be used for residential purposes only,on an ownership,rental or lease basis and for common social,recreational or other reasonable uses incidental to residential uses. Such incidental uses may include home offices to the extent permitted by the City of Renton. Refer to Article 10 of the Declaration for further information. 8. Number of Units. The Condominium will include no more than 62 residential units. 9. Amenities. Common amenities which materially affect the value of the Condominium are: Guest parking;landscaped open areas;a clock tower;and a gazebo mailroom. 10. Limited Common Elements. The limited common elements assigned to the Condominium Units offered for sale are: Balconies and/or decks,depending on the Unit;and parking spaces for flats. Townhouse Units contain garages within the Unit. Refer to Article 6 of the Declaration for further information. Williamsburg Condominiums Public Offering Statement page 2 #79412 16242-2 1P9W01!.DOC 2/09/98 11. Access to Common Elements By Others. Except as provided in Article 32 of the Declaration in connection with the development of this Condominium and except as follows,there are no access rights to the Common Elements for owners of other land. 12. Owner Access to Other Property. Unit owners have access to the following real property,not located within the Condominium: NONE. 13. Project Completion. Based on best estimates,but not guaranteed,each Unit and Common Elements necessary to make the Unit habitable will be substantially complete and available for legal occupancy as provided in the purchase and sale agreement for such Unit. 14. Monthly Assessment. Once Declarant commences assessments in accordance with Section 17.3 of the Declaration estimated assessments for each Unit will be as shown on EXHIBIT A. 15. Assessment Due at Closing. An amount equal to two months' assessments as shown on EXHIBIT A as a working capital fund deposit pursuant to Section 17.2 of the Declaration. In addition,a pro rata portion of one month's assessment if Declarant has commenced assessments. 16. Other Fees. NONE. 17. Governmental Assessments. The following assessments have been agreed to or are known by Declarant which,if not paid or performed,may constitute a lien against any Units or common elements in favor of a governmental agency: No other assessments are known to Declarant,except as may be disclosed in the Condominium budget. 18. Maintenance of Limited Common Elements. Each Owner must maintain his or her Unit and the Limited Common Elements allocated to such Unit. See Section 10.3 of the Declaration for additional information. 19. Timesharing. Timesharing of Units is prohibited. 20. Model Units. (a) Declarant may designate one or more Units as a model Unit until it is sold. However,any Unit being considered for purchase will be made available for inspection. (b) Units have material differences in floor plans,internal dimensions,view and location. Interior finish work such as flooring may also vary from Unit to Unit. Purchasers should carefully compare the Unit being purchased to the model Unit or any other Unit examined by Purchaser. (c) The model Unit may be partially furnished and decorated. However,furnishings and interior decorations are not included in the sale of any Unit. 21. Physical Hazards. Declarant is aware of the following physical hazards which particularly affect the Condominium or immediate vicinity in which the Condominium is located which are not readily ascertainable by the purchaser: NONE. 22. Warranties. In addition to implied warranties of the Units provided by the Act,see the attached EXHIBIT B. 23. Right of First Refusal. Unit owners have the right of first refusal to lease or purchase the following property: NONE. Williamsburg Condominiums Public Offering Statement page 3 #79412 16242-2 1P9W01!.DOC 2/09/98 24. Liens. Pursuant to RCW 64.34.435(2)(b),the following are liens on real property that is to be conveyed to the Association: NONE. 25. Legal Proceedings. (a) The following are unsatisfied judgments or pending'suits against the Association: NONE. (b) The following are pending suits material to the Condominium of which the Declarant has actual knowledge: NONE. (c) The following is a description of litigation brought by an owners' association,Unit owner,or governmental entity in which the Declarant or any affiliate of the Declarant has been a defendant, arising out of the construction,sale or administration of any condominium within the previous five years,together with the results thereof,if known: NONE. 26. Conversion Building. As defined by the Washington Condominium Act,this Condominium is not a conversion project. 27. Insurance. The extent to which the insurance provided by the Association covers furnishings,fixtures and equipment located in the Unit is governed by the Association's policy as it may be modified from time to time. Various provisions of the Association's policy and possible endorsements thereto may expand or restrict coverage. Each purchaser should review the Association's policy with his or her insurance advisor to determine the coverage of the Association's policy and the extent and type of coverage advisable for the purchaser's personal insurance policy. 28. Purchase Documents. Prior to commencement of the rescission period,the purchaser is entitled to receive from the Declarant,the following documents: Declaration;Survey Map and Plans;Articles of Incorporation of the Association;Bylaws of the Association;Current or Proposed Budget for the Association;Balance Sheet of the Association current within ninety(90)days if assessments have been collected for ninety(90)days or more;and House rules,if any. If any of the foregoing documents are not available because they have not been executed,adopted or recorded,drafts of such documents shall be provided. Before closing the sale of a Unit,the purchaser shall be given copies of any material changes to such drafts. 29. Development and Special Declarant Rights. The following is a list of all development and special Declarant rights reserved to the Declarant: Declarant's Development Declaration and/or Special Rights Reference Subdivide or Combine Units §32.2.2 Create Limited Common Elements §32.2.1 Complete Units/Common Elements §32.1.1 Exercise development rights regarding parking and storage §32.2 Maintain sales offices §32.1.2 Using easements through the project §§32.2.2 and 32.5 Williamsburg Condominiums Public Offering Statement page 4 #79412 16242-2 1P9W01!.DOC 2/09/98 Unless voluntarily terminated by Declarant at an earlier date,the foregoing rights shall continue so long as Declarant is completing improvements which are within the Condominium,or Declarant owns any Units, or any development or special Declarant rights remain in effect,unless otherwise stated above;provided Declarant's rights to withdraw property from the Condominium shall terminate seven years after the recording of the Declaration. 30. Insulation Data. Area .Type Thickness R-Value WALLS(EXTERIOR) CORRIDOR WALLS(INTERIOR) CEILINGS(INTERIOR) CEILINGS(AT ROOF) FLOORS(AT PARKING) FLOORS(AT CRAWL SPACE) FLOORS(AT SLAB ON GRADE) INTERIOR PARTY WALLS 31. Additional Information. Additional information and cross-references which Declarant believes helpful in describing the Condominium: Pursuant to the requirements of the City of Renton,the Condominium is subject to a covenant providing notice to all purchasers of Condominium Units that the Property is within 10,000 feet of the Renton Municipal Airport and that the Property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. DATED this day of , 1998. DECLARANT: KENNYDALE VISTA,L.L.C., a Washington limited liability company By Its Williamsburg Condominiums Public Offering Statement page 5 #79412 16242-2 1P9W01!.DOC 2/09/98 EXHIBIT A ESTIMATED UNIT ASSESSMENTS Phase I • • Estimated Working Estimated Monthly Capital Contribution Unit Allocated Interest' Assessments2 at Closing' A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 F-1 F-2 F-3 F-4 F-5 F-6 B-1 B-2 B-3 B-4 ' Allocated Interests apply to Common Elements,Common Expenses and Voting. See Article 8 of the Declaration for method of calculation. 2 Current month's assessment,if any,shall be prorated between Seller and Buyer at Closing. 3 Equals twice the estimated monthly assessments. Williamsburg Condominiums Public Offering Statement Exhibit A—1 #794I2 16242-2 1P9W01!.DOC 2/09/98 • Estimated Working. Estimated Monthly Capital Contribution Unit Allocated Interest1 Assessments2 at Closing3 B-5 B-6 C-1 C-2 C-3 C-4 C-5 C-6 D-1 D-2 D-3 D-4 D-5 • D-6 D-7 D-8 D-9 TOTAL 100.0% N/A • Williamsburg Condominiums Public Offering Statement Exhibit A—2 #79412 16242-2 1P9W01!.DOC 2/09/98 • • EXHIBIT B EXPRESS WARRANTIES OF QUALITY 1. CONDITION UPON CONVEYANCE/POSSESSION. _ Declarant warrants that a Unit will be in at least as good condition at the earlier of the time of conveyance or delivery of possession as it was at the time of execution of a purchase and sale agreement,reasonable wear and tear and damage by casualty or condemnation excepted. 2. SUITABLE FOR RESIDENTIAL USE. Declarant warrants that the Unit and the Common Elements in the Condominium are suitable for the ordinary uses of a residential condominium and that such residential use does not violate applicable law at the earlier of the time of conveyance or delivery of possession. 3. QUALITY OF CONSTRUCTION. Declarant warrants that any improvements made or contracted for by the Declarant before the creation of the Condominium were at the time made: free from defective materials;and constructed in accordance with law applicable when improvements were made,according to sound engineering and construction standards,and in a workmanlike manner. Declarant makes no warranty with respect to improvements made or contracted for by someone other than Declarant. 4.. APPLIANCES AND EQUIPMENT. As the sole warranty on appliances and equipment installed in the Unit,Declarant warrants that such appliances and equipment shall be in good operable condition on the date of closing or possession(whichever first occurs);provided,that for any new appliances and equipment installed in connection with the Unit sale,the buyer will also be assigned ariy manufacturer's warranty 5. CLAIM PROCEDURE. Each claim made in connection with a warranty provided hereunder must be made in accordance with the following procedures: a. Unit. As to a Unit,a claim must be made within one(1)year after the date the Buyer acquires title to the Unit,by the Buyer(who shall have sole and exclusive authority to make,compromise and prosecute warranty claims as to the Unit)in writing with a detailed description of the claimed defect. b. Common Element. As to each Common Element,a claim should be made within one(1)year after the date the first Unit was conveyed to a Buyer other than Declarant by the Association Board(who shall have sole and exclusive authority to make,compromise and prosecute warranty claims as to Common Elements)in writing with a detailed description of the claimed defect. c. Notice Delivery. All notices to Declarant hereunder shall be mailed or delivered to the following address or such other address as Declarant advises the Buyer: Williamsburg Condominiums Public Offering Statement Exhibit B #79412 16242-2 1P9W01!.DOC 2/09/98 •' , Kennydale Vista,L.L.C. do M.S.Cavoad Co. 4739 University Way N.E.,#1607 Seattle,WA 98105 d. Resolution of Claim. Declarant shall respond in writing within 30 days after receipt of written notice of such claim. If either party is dissatisfied withthe resolution of the claim proposed in Declarant's written response,the parties shall meet within 14 days in an effort to resolve the claim to the mutual satisfaction of the parties. If the claim remains unresolved after such a meeting,the claims shall be resolved pursuant to Section 9 below unless the parties otherwise agree in writing. 6. REMEDY. Declarant,at its option,may.either(a)repair,(b)replace,or(c)pay Buyer(with respect to a Unit)or the Association(with respect to Common Elements)for the reasonable cost of such correction,repair or replacement of any defective item covered by this warranty. . 7. EXCLUSIONS. The following items are not included in this warranty: a. Cause Other Than Declarant. Loss or damage caused by anything or anyone other than the Declarant,its employees,agents,suppliers or subcontractors; b. Wear and Tear. Loss or damage caused by normal wear and tear,deterioration, lack of maintenance or Acts of God; c. Landscaping,Etc. Loss or damage to landscaping,driveways,walkways,patios,fences, . outbuildings or retaining walls; d. Appliances,Etc. Loss or damage from defects in fixtures,appliances and equipment covered by standard factory or supplier warranties; e. Consequential. Consequential loss or damage; f. Sound;View; Buyer Property. The Unit being purchased by Buyer is located in a multi-family building in an urban environment;accordingly,Declarant makes no warranty or representation as to sound' transmission which may arise from activities in any Unit,Common Element or outside the Condominium. Declarant makes no warranty or representation that the view from the Unit will not be obstructed in whole or in part at any time in the future. Any item of property supplied or installed by Buyer is excluded from coverage under this warranty. g. Minor Defects. So long as the Unit and Common Elements are completed substantially in accordance with Declarant's plans and specifications,the following shall not be considered defects due to workmanship or materials:cracking of concrete topping and/or slab;wall cracking and/or door sagging due to building settlement,structural deflection and/or material shrinkage;or,minor deviations and variations from plans and specifications involving paint color,window and floor coverings,countertops and cabinets,appliances, plumbing and electrical frxtures,hardware and other decoration and finish work. 8. PREVENTABLE DAMAGE. All warranties made herein are contingent upon compliance by Buyer and/or the Association with the inspection and maintenance procedures described in a property maintenance manual to be supplied to Buyer and to Williamsburg Condominiums Public Offering Statement Exhibit B #79412 16242-2 1P9W01!.DOC 2/09/98' • .kW•40.teutv.!/..,+:-s the Association by Declarant. Any damage which could have been avoided had Buyer or the Association complied fully with the prescribed inspection and maintenance procedures is excluded from the warranties made herein. 9. - ARBITRATION. Any dispute,controversy or claim arising out of or in connection with this warranty shall be submitted to and determined by arbitration in the County in which the project is located pursuant to the rules of the American Arbitration Association then in effect. The determination rendered by the arbitrator(s)shall be final,binding and conclusive upon the parties The expense of the arbitration shall be borne equally by the parties;provided,that each party shall pay for and bear the costs of its own experts,evidence and attorneys' fees. 10. LIMITATION. This warranty represents the complete"limited warranty"of the Declarant and it may not be changed, altered or extended in any way without the express prior written consent of the Declarant. 11. NON-ASSIGNABILITY. Except as otherwise provided by the Washington Condominium Act,neither the benefits nor the obligations contained in this warranty may be assigned by either party. • Williamsburg Condominiums Public Offering Statement Exhibit B #79412 16242-2 1P9W01!.DOC 2/09/98 - ACKNOWLEDGMENT In connection with the purchase of Unit in the above-described Condominium,Purchaser acknowledges receipt,and the Selling Agent certifies delivery,of the following: Purchaser's Date of Initials Description of Document Document Public Offering Statement("POS") / /98 N/A POS Amendment(s) N/A Declaration //98 N/A Declaration Amendment(s) N/A Survey Map and Plans / /98 Association Articles of Incorporation / /98 Association Bylaws / /98 N/A Association Rules and Regulations N/A N/A Association Balance Sheet N/A Association Budget / /98 Purchaser and Selling Agent further acknowledge: that Selling Agent neither has authority to make,nor has made,any representation or promise on behalf of the Seller;and that Seller is only liable for representations and promises contained either in the POS or other written document signed by the seller. • PURCHASER: DATED: By DATED: By • SELLING AGENT: DATED: By INSTRUCTIONS TO SELLING AGENT Upon delivery of the POS to the Purchaser,the above-acknowledgment must be: (i)fully completed;(ii)signed by the Purchaser and Selling Agent;and(iii)returned to the Listing Agent. Purchase and Sale Agreements will not be accepted by Seller unless accompanied by the Purchaser's written acknowledgment of receipt of the foregoing documents. Williamsburg Condominiums Public Offering Statement Acknowledgment #79412 16242-2 1P9W01!.DOC 2/09/98 When Recorded, Return to: 44? HILLIS CLARK MARTIN&PETERSON,P.S. • ‘5P4/4 Attention: Steven R.Rovig 500 Galland Building 1221 Second Avenue Seattle,WA 98101-2925 • • DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR WILLIAMSBURG CONDOMINIUM • Grantor: KENNYDALE VISTA,L.L.C. ❑Additional on page Grantee: WILLIAMSBURG CONDOMINIUMS ❑Additional on page Legal Description(abbreviated): Lots 1 and 2,Block 3,C.D.Hillman's Lake Washington Garden of Eden Addition to Seattle,Division No.7,Volume 16,page 18. Q Additional on: EXHIBIT A Assessor's Tax Parcel ID#: 334570-0100-02;334570-0076-02 Reference Nos.of Documents Released or Assigned: N/A NOTICE TO RECORDER'S OFFICE AT THE TIME OF RECORDING OF THIS DECLARATION INSERT IN ARTICLE 34, PAGE 36,THE CROSS-REFERENCE RECORDING DATA OF THE SURVEY MAP AND PLANS RECORDED IN CONNECTION HEREWITH. TABLE OF CONTENTS Page ARTICLE 1.DEFINITIONS 1 1.1.Words Defined 1 1.2.Form of Words. 3 ' 1.3.Statutory.Definitions 3 ARTICLE 2.SUBMISSION OF THE PROPERTY TO THE CONDOMINIUM ACT 3 2.1.Submission. 3 2.2.Name. 3 ARTICLE 3.DESCRIPTION OF LAND,BUILDING AND PARKING SPACES 3 3.1.Land 3 3.2.Buildings 3 3.3.Parking Spaces 3 ARTICLE 4.DESCRIPTION OF UNITS 3 4.1.Number of Units. 3 4.2.Unit Identification. 3 4.3.Unit Location. 3 4.4.Unit Description. 4 ARTICLE 5.COMMON ELEMENTS 4 5.1.Description. 4 5.2.Use;Maintenance. 4 ARTICLE 6.LIMITED COMMON ELEMENTS 5 6.1.Description. 5 6.1.1.Decks. 5 6.1.2.Parking 5 6.1.3.Miscellaneous. 5 6.2.Transfer of Limited Common Elements. 5 6.2.1.Renting 5 6.2.2.Reallocation Between Units 5 6.2.3.Common to Limited Common,Etc 5 6.3.Fireplaces 6 ARTICLE 7.ACCESS 6 7.1.Access to Common Elements. 6 7.2.Access to Public Streets 6 ARTICLE 8.PERCENTAGES OF ALLOCATED INTEREST IN COMMON ELEMENTS 6 ARTICLE 9.EFFECTIVE DATE 7 ARTICLE 10.PERMI1-11 D USES;MAINTENANCE OF UNITS;CONVEYANCES 7 10.1.Residential Use. • 7 Williamsburg CCRs Table of Contents—page i #7941316242-2.1P9X01!.DOC 2/05/98 10.2.Leases. 7 10.3.Maintenance of Units 7 10.4.Limited Common Element Maintenance 7 10.4.1.Board Decisions 7 10.4.2.Maintenance Work 8 -.- _: 10.4.3.Cost of Work. 8 10.4.4.Special.Charge. 8 .._ 10.5.Exterior Appearance. 8 10.6.Effect on Insurance. 8 10.7.Alteration of-Common Elements. 8 10.8.Hard Surface Floors 8 10.9.Signs. 8 10.10.Pets. 9 10.11.Offensive Activity. 9 10:12.Conveyances;Notice Required 9 ARTICLE 11.ENTRY FOR REPAIRS 9 ARTICLE 12. SERVICE OF PROCESS 9 ARTICLE 13.ASSOCIATION OF UNIT OWNERS 10 13.1.Form of Association. 10 13.2.Qualification for Membership. 10 13.3.Transfer of Membership. 10 13.4.Voting. 10 13.5.Voting Representative. 10 13.6.Joint Owner Disputes 10 • 13.7.Pledged Votes. 10 13.8.Annual and Special Meetings. 10 13.9.Books and Records. 11 13.10.Audits. 11 13.11.Bylaws. 11 13.12.Inspection of Condominium Documents,Books,and Records. 11 ARTICLE 14.NOTICES 11 14.1.Form and Delivery of Notice 11 14.2.Eligible Mortgagees 11 ARTICLE 15.PERIOD OF DECLARANT CONTROL 12 15.1.Transition Date. 12 15.2.Declarant's Powers Until Transition Date. 12 15.3.Transfer of Administration. 12 15.4.Mortgagee Assumption of Declarant's Position 12 15.5.Transfer of Association Control. 12 ARTICLE 16.AUTHORITY OF THE BOARD 13 16.1.Adoption of Rules and Regulations. 13 16.2.Enforcement of Declaration,Etc. 13 16.3.Goods and Services. 13 16.4.Managing Agent. 13 Williamsburg CCRs Table of Contents—page ii #79413 16242-2.1P9X01!.DOC 2/05/98 16.5.Protection of Property 14 16.6.Imposition of Payments,Fees,Fines. - 14 ARTICLE 17.BUDGET AND ASSESSMENT FOR COMMON EXPENSES 14 17.1.Preparation of Budget 14 • 17.2.:Reserve.Fund. 14 . 17.3..Working Capital Deposit. 15. - .-. .. . -. 17.4.Monthly Assessments for Common Expenses and Accrual of Assessments 15 ,_ 17.4.1. Limited Common Element. 15 - .-.. - . 17.4.2. Selected Units Benefited 15 .. 17.4.3. Insurance;Utilities. 15 17.4.4. Judgments. 15 17.4.5. Misconduct of Owner. 15 17.4.6. Reallocation. 15. 17.5.Special Assessments. 15 17.6.Notice of Assessment. 16 17.7.Payment of Assessments 16 17.8.Proceeds Belong to Association. 16 17.9.Failure to Assess. 16 17.10.Certificate of Unpaid Assessments. 16 ARTICLE 18.LIEN AND COLLECTION OF ASSESSMENTS 16 • 18.1.Assessments Are a Lien;Priority 16 18.2.Lien May Be Foreclosed 17 18.3.Assessments Are Personal Obligations 17 18.4.Receiver. 17 18.5.Late Charges and Interest on Delinquent Assessments. 17 18.6.Recovery of Attorneys' Fees and Costs 18 18.7.Remedies Cumulative 18 18.8.Security Deposit. 18 . ARTICLE 19.COMPLIANCE WITH DECLARATION 18 19.1.Enforcement. 18 19.2.No Waiver of Strict Performance. 18 ARTICLE 20.LIMITATION OF LIABILITY 18 20.1.Liability for Utility Failure,Etc . 18 20.2.No Personal Liability 19 ARTICLE 21.INDEMNIFICATION 19 ARTICLE 22.INSURANCE 19 22.1.General Requirements. 19 22.2.Casualty Insurance 19 22.3.Comprehensive Public Liability Insurance 20 22.4.Additional Policy Provisions. 20. 22.5.Fidelity Insurance. 21 22.6.Owners' Individual Insurance. 21 22.7.Insurance Proceeds. 21 22.8.Insurance to Meet Secondary Market Requirements. 21 Williamsburg CCRs Table of Contents—page iii #79413 16242-2.1 P9X01!.DOC 2/05/98 22.9.Liability for Uninsured Amounts. 22 ARTICLE 23.DAMAGE OR DESTRUCTION: RECONSTRUCTION 22 23.1.Determination Regarding Reconstruction. 22 23.2.Definitions: Significant Damage;Repair;Emergency Work. 22 23.3.Initial Board Determinations. 23 23.4.Notice of Significant Damage. 23 23.5.Repair of Non-Significant Damage by Board. 23 23.6.Repair of Significant Damage by Board 24 23.7.Limited Damage;Assessment Under$5,000. 24 23.8.Major Damage;Assessment Over$5,000. 24 ' 23.9.Decision Not to Repair;Disposition. 25 ARTICLE 24.CONDEMNATION 26 24.1.Consequences of Condemnation;Notices. 26 24.2.Proceeds 26 24.3.Complete Taking. 26 24.4.Partial Taking. 26 24.5.Reconstruction and Repair 27 ARTICLE 25.EASEMENTS 27 25.1.In General. 27 25.2.Encroachments. 27 • 25.3.Easement and Rights Reserved by Declarant. 27 25.4.Utility Easements Granted by Declarant. 28 ARTICLE 26.PROCEDURES FOR SUBDIVIDING,COMBINING OR RELOCATING BOUNDARIES BETWEEN UNITS 28 • 26.1.Submission of Proposal. 28 26.1.1.Subdivision on Combination. 28 26.1.2.Relocation of Boundaries. 28 26.2.Approvals Required 28 • 26.2.1.Subdivision. 28 26.2.2.Approval Required for Combination. 28 26.3.Procedure After Approval. 28 26.3.1.Subdivision. 28 26.3.2.Relocation of Boundaries. 29 ARTICLE 27.AMENDMENTS OF DECLARATION AND SURVEY MAP AND PLANS 29 27.1.Amendments by the Association. • 29 27.2.Approvals Required. 29 27.3.Challenge to Validity • 29 27.4.Special Declarant/Development Rights. 29 ARTICLE 28.ABANDONMENT OR TERMINATION OF CONDOMINIUM STATUS 30 ARTICLE 29.ASSIGNMENT BY DECLARANT 30 ARTICLE 30.PROTECTIONS FOR MORTGAGEES TO FACILITATE MORTGAGE LENDING 30 Williamsburg CCRs Table of Contents—page iv #7941316242-2.1P9X011.DOC•2/05/98 . 30.1.Mortgagee Approvals. 30 30.2.Notice to Mortgagees 31 ARTICLE 31.CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS 31 ARTICLE 32.SPECIAL'DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 32 32.1. Special Declarant Rights 32 32.1.1.Completion of Improvements. 32 . 32.1.2.Sales Facilities of Declarant 32. 32.1.3.Exercise of Development Rights. 32 32.1.4.Termination of Declarant Rights. 32 32.2.Development Rights. 32 32.2.1.Parking Assignment. 32 32.2.2.Development in Phases. 33 ARTICLE 33. SEVERABILITY 35 ARTICLE 34.REFERENCE TO SURVEY MAP AND PLANS 36 EXHIBITS: A DESCRIPTION OF LAND B UNIT DESCRIPTION/PARKING AND STORAGE ASSIGNMENTS • Williamsburg CCRs Table of Contents—page v #7941316242-2.1 P9X01!.DOC 2/05/98 I , • ARTICLE 1. DEFINITIONS 1.1. Words Defined. For the purposes of this Declaration and any amendments hereto,the following definitions shall apply. 1.1.1. "Affiliate of Declarant"means any person who controls,is controlled by,or is under common control with Declarant(as"control"is defined in the Condominium Act). 1.1.2. "Allocated Interests"means the undivided interest(s)in the Common Elements, Common Expense liability,and votes in the Association allocated to each Unit. 1.1.3. "Articles"means the Articles of Incorporation of the Association defined below. • 1.1.4. "Assessment"means all sums chargeable by the Association against a Unit including,without limitation: (a)regular and special Assessments for Common Expenses,charges,and fines imposed by the Association;(b)interest and late charges on any delinquent account;and(c)costs of collection,including reasonable attorneys' fees,incurred by the Association in connection with the collection of a delinquent Owner's account. 1.1.5. "Association"means Williamsburg Condominium Association,the Association of Owners described in Article 13 of this Declaration. 1.1.6. "Board"means the Board of Directors of the Association. 1.1.7. "Building"means the building or buildings containing the Units and comprising a part of the Property. 1.1.8. "Bylaws"means the Bylaws of the Association. 1.1.9. "Common Elements"means the common elements described in Article 5. 1.1.10. "Common Expenses"means expenditures made by or financial liabilities of the Association,together with any allocations to reserves. 1.1.11. "Condominium"means the real property and improvements which are the subject of this Declaration. 1.1.12. "Condominium Act"means the Washington Condominium Act,RCW 64.34 et seq.,and any amendments thereto. 1.1.13. "Declarant"means Kennydale Vista,L.L.C.,a Washington limited liability company,its heirs,representatives,successors,and assigns. 1.1.14. "Declarant Control"means the right of the Declarant or persons designated by the Declarant to appoint and remove officers and members of the Board pursuant to Article 15. 1.1.15. "Declaration"means this Declaration and Covenants,Conditions,Restrictions, and Reservations for Williamsburg Condominiums,as it may from time to time be amended. Williamsburg CCRs page 1 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 it 1.1.16. "Eligible Mortgagee"means any holder of a Mortgage who has filed with the secretary of the Association a written request,including its name and address and the Unit number for the Unit subject to the Mortgage held by such Mortgagee,that it be notified of any proposed action that requires consent-of a specified percentage of Eligible Mortgagees as defined in Article.14.. : . 1.1.17. "Limited Common Elements"means those Limited Common Elements described in Article 6. 1.L18. "Managing Agent"means the person,if any,designated by the Board under. Article 16.4. 1.1.19. "Mortgage"means a recorded mortgage or deed of trust that creates a lien against a Unit and also means a real estate contract for the sale of the Unit. 1.1.20. "Mortgagee"means the holder of an encumbrance on a Unit created by a Mortgage,or its designee(i.e.,any insurer or guarantor),where applicable,and also means the vendor of a real estate contract for the sale of a Unit. 1.1.21. "Mortgagee of the Condominium"means the holder of a Mortgage on the real property which this Declaration affects,which Mortgage was recorded prior to the recordation of the Declaration. The term"Mortgagee of the Condominium"does not include Mortgagees of the individual Units. 1.1.22. "Owner"means the Declarant or other legal owner of a Unit and shall also mean the vendee of a real estate contract for the sale of a Unit. 1.1.23. "Person"means a natural person,corporation,partnership,association,trust, governmental subdivision or agency,or other legal entity. 1.1.24. "Property"means the land and the buildings and all improvements and structures now or hereafter situate on the land described in EXHIBIT A. 1.1.25. "RCW"means the Revised Code of Washington. 1.1.26. "Special Declarant Rights"means individually and collectively,the rights reserved for the benefit of the Declarant to complete improvements described on the Survey Map and Plans,maintain sales and management offices,models and signs as described in Article 32,exercise Declarant Control,and use easements as described in Section 25.3. 1.1.27. "Survey Map and Plans"means the survey map and the plans for the Condominium recorded simultaneously with the Declaration and any amendments,corrections,and addenda thereto subsequently recorded. 1.1.28. "Transition Date"is defined in Section 15.1. 1.1.29. "Unit"means a residential unit composed of a suite of rooms and other enclosed spaces in a Building. The boundaries of the Unit are the unfinished interior surfaces of its perimeter walls,floors,ceilings,windows,and doors,and all lath,furring,wallboard,plasterboard,plaster, paneling,tiles,wallpaper,paint,finished flooring and any other materials constituting any part of the Williamsburg CCRs page 2 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 • finished surfaces thereof,and the Unit includes the portions of the building so described and the air space so encompassed,and all interior partitions and other fixtures and improvements so contained. 1.2. Form of Words. The singular form of words shall include the plural and the plural shall include the singular. Masculine,feminine,and neuter pronouns shall be used interchangeably. 1.3. Statutory Definitions. Some of the terms defined above are also defined in the Condominium Act. The Definitions set forth in this Declaration are not intended to limit or contradict the Definitions in the Condominium Act. If there is an inconsistency or conflict,the definition in the Condominium Act will prevail. ARTICLE 2. SUBMISSION OF THE PROPERTY TO THE CONDOMINIUM ACT 2.1. Submission. Declarant,being the sole owner of the Property,makes this Declaration for the purpose of submitting the Property to the provisions of the Condominium Act. Declarant declares that the Property shall be held,used,conveyed,encumbered, leased,occupied,rented,and improved subject to the covenants,conditions,restrictions,reservations,and easements stated in this Declaration,all of which are in furtherance of the division of the Property into Units and Common Elements and shall be deemed to run with the land and be a burden and benefit to Declarant and all persons who own or acquire an interest in the Property or any part thereof,and their grantees,successors,heirs,executors,administrators,and assigns. . 2.2. Name. The name of the Condominium is Williamsburg Condominiums. ARTICLE 3. • DESCRIPTION OF LAND,BUILDING AND PARKING SPACES . 3.1. Land. The land comprising the Condominium is described in EXHIBrr A. 3.2. Buildings. The location of the Buildings in which the Units are located is shown on the Survey Map and Plans. 3.3. Parking Spaces. The-parking spaces which are part of the Condominium are located as shown on the Survey Map and Plans. ARTICLE 4. DESCRIPTION OF UNITS 41. Number of Units. The number of Units in the Condominium is set forth on EXHIBIT B. 4.2. Unit Identification. Each Unit is identified by an alphanumeric designation as set forth on EXHIBIT B. 4.3. Unit Location. The specific location of each Unit is shown on the Survey Map and Plans. Williamsburg CCRs page 3 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 4.4. Unit Description. The approximate square footage,number of bathrooms(whole or partial),number of rooms designated primarily as bedrooms,number of built-in fireplaces,and the floor level pertaining to each Unit is shown on EXHIBIT B. ARTICLE 5. . . COMMON ELEMENTS 5.1. Description. The Common Elements consist of all portions of the Condominium other than the Units,including the following: • 5.1.1. The land described in EXHIBIT A,and the easements,rights and appurtenances thereto. 5.1.2. The windows,roofs,foundations,studding,joists,beams,supports,main walls (excluding nonbearing interior partitions of Units,if any),chimneys and all other structural parts of the Building,to the unfinished interior surfaces of the Units'perimeter walls,floors,ceilings,windows,and doors. 5.1.3. Installations of central services such as: power,light,gas,hot and cold water, heating,refrigeration,air conditioning and incinerating;pipes,conduits,and wires;elevator shafts,tanks, pumps,motors,fans,compressors,ducts;and in general all apparatus and installations existing for common use;but excluding plumbing,electrical and similar fixtures,which fixtures are located within a Unit for the exclusive use of that Unit. 5.1.4. The grounds,trees,landscaped areas,exterior fixtures,walkways,driveways and irrigation systems. 5.1.5. .Driving areas,guest parking and any other parking or related areas which are not made Limited Common Elements appurtenant to Units pursuant to Article 6. 5.1.6. Lobbies,halls,corridors,stairways,entrances and storage areas,if any,which are not made Limited Common Elements appurtenant to Units pursuant to Article 6. 5.1.7. All other parts of the Property necessary or convenient to the existence, maintenance and safety of the Condominiums,or normally in common use,unless made a Limited Common Element appurtenant to a Unit pursuant to Article 6. 5.1.8. Certain items which could ordinarily be considered Common Elements such as, but not limited to,screen doors,window screens,awnings,storm windows,planter boxes and the like,may be designated as items to be furnished and maintained by Unit Owners at their individual expense according to standards and requirements set by the Board by rule,regulation or the Bylaws. 5.2. Use; Maintenance. Each Owner shall have the right to use the Common Elements (except the Limited Common Elements reserved for other Units)in common with all other owners. The right to use the Common Elements shall extend not only to each Owner,but also to his or her agents, servants,tenants,family members,invitees,and licensees. The right to use the Common Elements, including the Limited Common Elements,shall be governed by the provisions of the Condominium Act, this Declaration,the Bylaws,and the rules and regulations of the Association. The Owners shall not by act or omission seek to abandon,partition,subdivide,encumber,sell,or transfer the Common Elements and no Williamsburg CCRs page 4 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 , other person shall have the right to have them partitioned or divided. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Owners_and occupants shall not be deemed.a partition or.division..A subdivision of.a.Limited Common_. . . _.._. _ Area as an incident of an authorized subdivision of a Unit pursuant to Article-26 will not be deemed a -- - violation of this provision. The Association will be responsible for the operation,maintenance,repair and.. replacement of the Common Elements(except to the extent stated to the contrary in Section 10.3). ARTICLE 6. LIMITED COMMON ELEMENTS . . . . . ._.. - - - 6.1. Description. The Limited Common Elements are Common Elements that are reserved for the exclusive use of the Unit or Units to which they are adjacent or allocated. They consist of those specified in the Condominium Act,as well as the following: 6.1.1. Decks..The deck or patio accessible from any Unit as shown on the Survey Map and Plans. The boundaries of such areas are defined as the interior surfaces of the walls,floor, ceiling,windows,ground,railings,curb or fence enclosing such areas. If no such enclosure exists,the boundaries shall be as depicted on the Survey Map and Plans;but if no such boundaries are so delineated, then the perimeter edge of any patio or deck as actually constructed by Declarant. 6.1.2. Parking. The parking space(if any),and any associated driving areas(if any), which may be allocated to a Unit by this Declaration or amendments thereto and which prior to such allocation shall be more particularly shown on the Survey Map and Plans,the boundaries of said parking • stall being defined by the interior surfaces of the walls,floor,curb and/or striping enclosing said parking space. 6.1.3. Miscellaneous. Such other Limited Common Elements,if any,as may be described in EXHIBIT A attached hereto or depicted and labeled on the Survey Map and Plans. 6.2. Transfer of Limited Common Elements. 6.2.1. Renting. After Declarant's initial allocation,a Unit Owner may rent or lease the parking space and/or storage areas allocated to that Unit to any other Unit Owner;provided,that the rental or lease term shall automatically expire on the date the lessor/Unit Owner disposes of its interest in the Unit (whether such disposition is by deed,contract,foreclosure or otherwise);and provided further,that the Board shall be notified in writing of the existence of any such rental or lease arrangement. 6.2.2. Reallocation Between Units. Except in the case of a reallocation being made by Declarant pursuant to a Development Right reserved in this Declaration,a Limited Common Element may only be reallocated between Units with the approval of the Board and by an amendment to the Declaration executed by the Owners of,and approved in writing by the Mortgagees holding Mortgages against,the Units to which the Limited Common Element was and will be allocated. The Board shall approve the request of the Owner or Owners under this Section within thirty(30)days unless the proposed reallocation does not comply with the Act or the Declaration. The failure of the Board to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the Condominium. 6.2.3. Common to Limited Common,Etc. Owners of Units to which at least sixty- seven percent(67%)of the votes are allocated,including the Owner of the Unit to which the Limited Williamsburg CCRs page 5 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 , • Common Element will be assigned or incorporated,must agree to reallocate a Common Element as a Limited Common Element or to incorporate a Common Element or a Limited Common Element into an existing Unit Such reallocation or incorporation shall be reflected in an amendment to The Declaration,... . .... _ ' Survey Map;or Plans. Provided, however, this Section shall not apply with respect to any such reallocation or incorporation made as a result of any Development Right reserved by Declarant., 6.3. Fireplaces.If fireplaces are now or hereafter installed in individual Units,then the following provisions shall apply: (a) .If a fireplace to be used by a particular Unit is shown on the Survey Map and .. .. - Plans as being inside the perimeter wall constituting boundaries of the Unit,then the fireplace shall be a part of the Unit and not a Limited Common Element. If such fireplace is shown on the Survey Map and Plans as being outside of such boundaries,then the fireplace shall be a Limited Common Element of such Unit. (b) Equipment and apparatus associated with the use of a fireplace are also a Limited Common Element for the Unit in which the fireplace is located;provided,if the equipment and apparatus are utilized in common by two or more Units,then such equipment and apparatus are Limited Common Elements for the Units for which they are being utilized. (c) Maintenance,repair and replacement of equipment and apparatus associated with the use of a fireplace shall be governed by the provisions of Section 10.3 of this Declaration. • (d) All use of the fireplaces will be in accordance with the rules which the Board . may from time to time adopt. ARTICLE 7. ACCESS 7.1. Access to Common Elements. Each Unit has access to Common Element stairways, lobbies,walks,parking areas and driveways. 7.2. Access to Public Streets. The Common Elements have direct access to a public street as. set forth on EXHIBIT A. Each Unit has an unrestricted right of ingress to and egress from such Unit,which right is perpetual and appurtenant to such Unit. ARTICLE 8. PERCENTAGES OF ALLOCATED INTEREST IN COMMON ELEMENTS The percentages of Allocated Interests of each Unit are set forth in EXHIBIT B attached hereto. Allocated Interests in Common Elements are allocated to each of the Units calculated as the percentage that each Unit's square footage is of the total square footage of all the Units,as set forth on EXHIBIT B. Williamsburg CCRs page 6 of 36 #79413 16242-2 1 P9X01 LDOC 2/05/98 ARTICLE 9. EFFECTIVE DATE This Declaration shall take effect upon recording. ARTICLE 10. PERMITTED USES; MAINTENANCE OF UNITS; CONVEYANCES 10.1. Residential Use. The Building and the Units are intended for and restricted to use as single-family residences only,on an ownership,rental,or lease basis,and for social,recreational,or other reasonable activities normally incident to such use,and for the purposes of operating the Association and managing the Condominium if required. Units may not be used for time-share purposes or sold or leased - on a time-share basis. Home occupations are permissible only to the extent allowed by applicable Renton ordinances;provided, however,that in no event may signs be displayed in connection with any such home occupation. 10.2. Leases. No lease or rental of a Unit may be of less than the entire Unit nor for a term of less than ( )months. Any lease or,rental agreement must provide that its tenants shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the lease or rental agreement. All leases and rental agreements shall be in writing and shall be delivered to the Association before the tenancy commences. Other than as stated in this Section 10.2 and Section 10.1,there is no restriction on the right of any Owner to lease or otherwise rent his or her Unit. 10.3. Maintenance of Units. Each Owner shall,at the Owner's sole expense,keep the interior of his or her Unit and its equipment,appliances,and appurtenances in a clean and sanitary condition,free • of rodents and pests,and in good order,condition,and repair and shall do all redecorating and painting at any time necessary to maintain the good appearance and condition of the Unit. Each Owner shall be responsible for the maintenance,repair,or replacement of any plumbing fixtures,water heaters,fans, heating or cooling equipment,electrical fixtures,or appliances which are in the Unit or portions thereof that serve that Unit only,and shall replace any glass in the windows and in the exterior doors of the Unit that becomes cracked or broken. Each Owner may make any improvements or alterations to his or her Unit that do not affect the structural integrity,mechanical or electrical systems,or lessen the support,of any portion of the Condominium. 10.4. Limited Common Element Maintenance. Each Owner will be responsible for care, maintenance,cleanliness,and orderliness of the Limited Common Elements that are adjacent or allocated to the Unit,except that sweeping and maintenance of the parking areas shall be the responsibility of the Association. Owners may not,however,modify,paint,or otherwise decorate,or in any way alter their respective Limited Common Elements without the prior written approval of the Board. The use,condition and appearance of Limited Common Elements may be regulated under provisions of the Bylaws, Association rules,or this Declaration including the following: 10.4.1. Board Decisions. Decisions with respect to the standard of appearance and condition of Limited Common Elements,and with respect to the necessity for,and manner of,caring for, maintaining,repairing,repainting or redecorating Limited Common Elements("Maintenance Work" herein),shall be made by the Board. Williamsburg CCRs page 7 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 10.4.2. Maintenance Work Performance of the Maintenance Work shall be carried out by.the Board on behalf of the Owner or Owners of Units to which the Limited Common element in question is assigned or reserved;provided,that by_written notice,the Board may permit such Owner.or.. -Owners to perform the Maintenance-Work themselves. . 10.4.3. Cost of Work.-.Unit Owners will be responsible for the cost of the Maintenance Work for the Limited Common Elements reserved for or assigned to their Units. With respect to a Limited • - Common Element reserved for or assigned to more than one Unit for the mutual and joint use thereof,the cost of Maintenance Work for such Limited Common Element shall be divided in equal shares among the - Units for which such Limited Common Element is reserved. .-. 10.4.4. Special Charge. With respect to any Maintenance Work performed by the Board,the cost thereof shall be levied as a special charge against the Unit or Units(and the Owner or Owners thereof)to which such Limited Common Element is assigned or reserved. 10.5. Exterior Appearance. In order to preserve a uniform exterior appearance for the Building,the Board shall provide for the maintenance and repair of the exterior surfaces. No Owner may modify or decorate the Common Elements,the exterior of the Building,or screens,doors,awnings,or other portions of any Unit visible from outside the Unit(including decks appurtenant thereto)without the prior written consent of the Board,and such modification or decoration shall be in accordance with the rules or regulations of the Board. Without limiting the foregoing,the color of window coverings visible from the exterior of the Building shall be as originally installed by the Declarant unless otherwise permitted or required by a rule duly adopted by the Board. No exterior radio,television or satellite reception antennas or dish may be installed without the prior written consent of the Board. Furniture and other items used,stored or placed on decks and sunscreens or sunshades on the exterior of the Building shall be of a quality and type designated in the rules and regulations of the Board,and activities on private decks may be subject to reasonable rules and regulations adopted by the Board. Outdoor barbecues are to be used by a Unit Owner only in such a manner so as not to cause excessive smoke,odor or other nuisance to any other Units. 10.6. Effect on Insurance. Nothing shall be done or kept in any Unit or Common Element that will increase the rate of insurance on the Property without the prior written consent of the Board. Nothing shall be done or.kept in any Unit or Common Element that will result in the cancellation of insurance on any part of the Property,or would be in violation of any applicable laws or regulations. 10.7. Alteration of Common Elements. Nothing shall be altered or constructed in or removed from any Common Element except with the prior written consent of the Board. 10.8. Hard Surface Floors. With the exception of tile,stone,wood or other hard surface flooring installed by Declarant,an Owner shall not install any hard surface flooring without the permission of the Board,which approval shall not be unreasonably withheld. The Board may,however,condition its approval on the installation of a carpet runner covering the normal traffic area of such flooring to reduce noise transmission between floors in accordance with plans and specifications to be submitted by the Owner seeking to install the hard surface flooring. 10.9. Signs. No sign of any kind shall be displayed to the public view on or from any Unit or Common Element;provided,that the Board shall,by appropriate rule,permit temporary placement of a sign,at a place designated by the Board,indicating that Unit is for sale or lease. This section shall not apply to Declarant. Williamsburg CCRs page 8 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 10.10. Pets. No animals,birds,reptiles,or living creatures of any kind("Pet")shall be kept in any Unit or in the Common Elements except that no more than two small household Pets may be kept in any Unit and its Limited Common Elements subject at all times to and in compliance with rules and regulations adopted by the Board,or Bylaws adopted by the Association. The Board may at any time require the removal of any Pet that it concludes is disturbing other Owners through noise or other behavior - ; " and may exercise this authority for specific Pets even though other Pets are.permitted to remain. 10.11. Offensive Activity. No noxious or offensive activity shall be carried on in any Unit or Common Elements,nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners or which would be in violation of any laws. 10.12. Conveyances;Notice Required. The right of an owner to sell,transfer,mortgage or otherwise convey his or her Unit shall not be subject to any right of approval,disapproval,first refusal,or similar restriction by the Association or the Board,or anyone acting on their behalf. An Owner intending to sell a Unit,at least four(4)weeks before closing and prior to or simultaneously with any request by such Owner for preparation of a resale certificate with respect to such Unit pursuant to the Condominium Act, shall deliver a written notice to the Board specifying the unit being sold,the name and addresses of the purchaser,whether the purchaser will occupy the Unit as his or her primary residence,closing agent,title insurance company insuring the purchaser's interest,and the estimated closing date,and shall comply in all respects with the provisions of the Condominium Act pertaining to the resale of Units. The Board shall have the right to notify the purchaser,title insurance company,and closing agent of the amount of the unpaid Assessments and charges outstanding against the Unit,whether or not such information is. requested. ARTICLE 11. ENTRY FOR REPAIRS • The.Association and its agents or employees may enter any Unit and the Limited Common Elements adjacent or allocated thereto to effect repairs,improvements,replacements,or maintenance deemed by the Board to be necessary in the performance of its duties,to do necessary work that the Unit Owner has failed to perform,or to prevent damage to the Common Elements or to another Unit. Such entry shall be made with as little inconvenience to the owners and occupants as practicable. Any damage caused by such entry shall be repaired by the Association as a Common Expense unless the repairs or. maintenance were necessitated by the acts or default of the Owner or occupant of the Unit entered,in which event the costs of the repairs or maintenance shall be specially assessed to that Unit. ARTICLE 12. SERVICE OF PROCESS Service of process for the purposes provided in the Condominium Act shall be made upon the registered agent of the Association as initially set forth in the Articles of Incorporation for the Association and as thereafter set forth in the records of the Washington Secretary of State. Williamsburg CCRs page 9 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 ARTICLE 13. ASSOCIATION'OF UNIT OWNERS 13.1. Form of Association. No later than the date the first Unit in the Condominium is _ conveyed,Williamsburg Condominiums Association shall be organized as a nonprofit organization under the laws of the State of Washington;provided that,from and after the formation of the Association,the rights and duties of the members and of the Association shall continue to be governed by the provisions of the Condominium Act and of this Declaration. 13.2. Qualification for Membership. Each Owner(including Declarant)shall be a member of the Association. Declarant shall be considered an"Owner"as that term is used herein,and shall be a member of the Association and the voting representative with respect to any Unit owned by Declarant. 13.3. Transfer of Membership. The Association membership of each Owner(including Declarant)shall be appurtenant to the Unit giving rise to such membership and shall not be transferred in any way except upon the transfer of the Owner's interest in the Unit and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of an Owner's interest in a Unit shall operate automatically to transfer the membership in the Association to the new Owner. 13.4. Voting. Each Owner shall have one vote for each Unit owned. An Owner(including Declarant)of more than one Unit shall have the votes appertaining to all Units owned. No vote allocated to a Unit owned by the Association may be cast,and in determining the percentage of votes required to act on any matter,the votes allocated to the Association shall be disregarded. 13.5. Voting Representative. An Owner may,by written notice to the Board,designate a voting representative for his or her Unit. The voting representative need not be an Owner.The designation may be revoked at any time by written notice to the Board from the Owner of the Unit or by actual notice to the Board of the death or judicially declared incompetence of the Owner of the Unit. This power of designation and revocation may be exercised by the guardian of an Owner,the attorney-in-fact for the Owner under a durable power of attorney,and the administrators or executors of an Owner's estate. If no designation has been made among multiple Owners of a Unit,or if a designation has been revoked and no new designation has been made,all votes allocated to each Unit may be cast by the one of multiple Owners present at the meeting,or if more than one of multiple Owners are present,according to the Agreement of a majority in interest of such Owners in the Unit. 13.6. Joint Owner Disputes. The voting interest of each Unit must be cast as a single vote. ' Fractional votes shall not be allowed. If joint Owners are unable to agree how their vote shall be cast,they shall lose their right to vote on the matter in question. 13.7. Pledged Votes. If an Owner is in default under a Mortgage on his or her Unit for sixty (60)consecutive days or more,the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee,and if the pledge is then effective,only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. 13.8. Annual and Special Meetings. There shall be an annual meeting of the members of the Association in the first quarter of each year at such reasonable place and time as may be designated by no less than ten(10)or more than sixty(60)days' written notice from the Board. Special meetings of the Association may be called at any time by the president,a majority of the Board,or Owners having twenty Williamsburg CCRs page 10 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 + f percent(20%)or more of the votes in the Association,for the purpose of considering matters which require the approval of all or some of the Owners,or for any other reasonable purpose. 13.9. Books and Records. The Board shall cause to be kept complete,detailed,and accurate -, books and records of the receipts and expenditures of the Association,and,at least annually,shall prepare, or cause to be prepared,a financial statement of the Association,in a form that complies with generally accepted accounting principals. 13.10. Audits. At the annual meeting,there shall be presented an audited financial statement of the Association,prepared by a certified or licensed public accountant who is not a member of the Board or an Owner unless such audit is waived by Owners with sixty percent(60%)of the votes;excluding votes held by the Declarant. An Owner,at his or her expense,may at any reasonable time conduct an audit of the books of the Association. 13.11. Bylaws. Bylaws(and amendments thereto)for the administration of the Association and the Property,and for other purposes not inconsistent with the Act or with the intent of this Declaration, shall be adopted by the Association upon concurrence of fifty-one percent(51%)or more of the total voting power of the Association. Amendments to the Bylaws may be adopted at any regular or special meeting. Declarant may adopt initial Bylaws. The Bylaws may contain supplementary,not inconsistent, provisions regarding the operation and administration of the Condominium. 13.12. Inspection of Condominium Documents,Books,and Records. During normal business hours and at other reasonable times this Declaration,the Survey Map and Plans,the Articles,the Bylaws,and other rules governing the operation of the Condominium(collectively,the"Condominium Documents")shall be available for inspection free of charge by the Owners,Mortgagees,prospective purchasers and their prospective Mortgagees,and the agents or attorneys of any of them and,in addition,at such times the books and records,financial statements,authorizations for payment of expenditures,and all contracts,documents,papers,and other records of the Association shall be available for inspection by the Owners,Mortgagees,and the agents or attorneys of either of them. ARTICLE 14. NOTICES 14.1. Form and Delivery of Notice. All notices given under the provisions of this Declaration or the Bylaws or rules or regulations of the Association shall be in writing and may be delivered either personally or by mail. If delivery is made by mail,the notice shall be deemed to have been delivered three (3)days after it has been deposited in the United States mail,first class,postage prepaid,addressed to the person entitled to such notice at the most recent address known to the Board. Notice to the Owner of any Unit shall be sufficient if mailed to the Unit if no other mailing address has been given to the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to the Board shall be given to the president or secretary of the Association. 14.2. Eligible Mortgagees. Until such time as any Eligible Mortgagee withdraws its request for notice or satisfies the Mortgage held,guaranteed or insured by such Eligible Mortgagee of record,the Board shall send to the Eligible Mortgagee a copy of all notices of any proposed actions which require the consent of a specified percentage of Eligible Mortgagees. Williamsburg CCRs page 11 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 ARTICLE 15. PERIOD OF DECLARANT CONTROL • 15.1. Transition Date. The".Transition Date"shall mean the date after which Declarant may no longer exercise Declarant Control(as defined in Section 15.2),which shall be the earlier of(1)sixty (60)days after conveyance of seventy-five percent(75%)of the Units.to Owners other than Declarant;(2) two(2)years after the last conveyance or transfer of record of a Unit except as security for a debt;(3)the date on which Declarant records an amendment to the Declaration pursuant to which the Declarant voluntarily surrenders Declarant Control. Declarant may voluntarily surrender Declarant Control before the Transition Date,but require that until the Transition Date,specified actions of the Association or the Board,as described in a recorded instrument executed by Declarant,be approved by Declarant before they shall become effective. 15.2. Declarant's Powers Until Transition Date. Until the Transition Date,Declarant shall have the full power and authority to appoint and remove the Board and the officers of the Association ("Declarant Control")subject to the limitations set forth in this Section 15.2. Not later than sixty(60)days after conveyance of twenty-five percent(25%)of the Units to Owners other than Declarant,at least one(1) member of the Board and not less than twenty-five percent(25%)of the members of the Board must be elected by Owners other than Declarant.Not later than sixty(60)days after conveyance of fifty percent (50%)of the Units to Owners other than Declarant,not less than thirty-three and one-third percent (33 1/3%)of the members of the Board must be elected by Owners other than Declarant. 15.3. Transfer of Administration. Within thirty(30)days after the Transition Date the Owners shall elect a Board of not fewer than three(3)directors. Board members need not be Owners. The Board or the Managing Agent shall call a meeting of the Association to be held within thirty(30)days after the Transition Date for the purpose of electing the new Board. The new Board shall elect the officers of the Association and such members of the Board and officers shall take office upon election. 15.4. - Mortgagee.Asssumption.of Declarant's Position. In the event that the Mortgagee of the Condominium becomes bound by this Declaration by granting one or more partial releases or otherwise, and forecloses its mortgage or acquires a deed in lieu of foreclosure,and obtains possessory rights,legal title or certificates of sale to an unsold Unit or Units and appurtenant Common Elements covered by the respective deed of trust or mortgage liens,then the Mortgagee of the Condominium or other transferee may succeed to and assume to the exclusion of Declarant,the rights and obligations of Declarant set forth in this Declaration including any Special Declarant Rights unless such transferee requires that such Special Declarant Rights not be transferred and such rights not being transferred are described in the instrument conveying title;and provided that the Transition Date shall be deemed to have passed unless the judgment or instrument transferring title provides for transfer of all Special Declarant Rights to such transferee. 15.5. Transfer of Association Control. Within sixty(60)days after the Transition Date, Declarant shall deliver to the Association all property of the Owners and the Association held or controlled by Declarant including,but not limited to,the original or a photocopy of this Declaration and each amendment hereto;the certificate of incorporation and a copy or duplicate original of the Articles of the Association as filed with the Washington Secretary of State;the Bylaws and minute books,including all minutes and other books and records of the Association;any rules and regulations that have been adopted; any resignations of officers and members of the Board who are required to resign because Declarant is required to relinquish control of the Association;all financial records,including canceled checks,bank statements and financial statements of the Association and source documents from the time of incorporation of the Association through the date of transfer of control to the Owners;all Association funds (including the working capital fund described in Section 17.1)or the control thereof;all tangible personal Williamsburg CCRs page 12 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 property of the Association represented by Declarant to be the property of the Association or ostensibly the property of the Association and an inventory of such property;a copy of Declarant's plans and specifications utilized in the construction or remodeling of the Condominium and a certificate of the. Declarant or a licensed architect or engineer that the plans and specifications represent,to the best of their knowledge and belief,the:actual.plans and specifications used by the Declarant in the construction or . ..._:: - :-remodeling of the Condominium(except for alterations to a Unit made by an owner other than Declarant), _ .. - insurance policies or copies thereof for the Condominium and the Association,copies of any certificates of occupancy that may have been issued to the Condominium,any other permits issued by governmental bodies applicable to the Condominium,all written-warranties-still in effect for the Common Elements or any areas or facilities which the Association has-the responsibility to maintain and repair and all documents - related thereto,a roster of Owners and Eligible Mortgagees and their addresses and telephone numbers,and any leases or contracts to which the Association is a party. Upon the transfer of control to the Owners,the records of the Association shall be audited as of the date of transfer by an independent certified public -.accountant in accordance with generally accepted accounting principles,unless the Owners:other than Declarant by two-thirds(2/3)vote elect to waive the audit.- - - ARTICLE 16. AUTHORITY OF THE BOARD 16.1. Adoption of Rules and Regulations. The Board is empowered to adopt,amend,and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to ensure compliance with the general guidelines of this Declaration and to promote the comfortable use and enjoyment of the Condominium. The Declaration and the Bylaws and the rules and • regulations of the Association shall be binding upon all owners and occupants and all other persons claiming any interest in the Condominium. 16.2. Enforcement of Declaration,Etc. The Board shall have the power and the duty to : enforce the provisions of this Declaration,the Articles,the Bylaws,and the rules and regulations of the Association,as the same may be lawfully amended from time to time,for the benefit of the Association. 16.3. Goods and Services. The Board shall acquire and pay for as Common Expenses of the Condominium all goods and services reasonably necessary or convenient for the efficient and orderly functioning of the Condominium. The goods and services shall include(by way of illustration and not limitation)utility services for the Common Elements;policies of insurance and fidelity bonds(including directors and officers liability insurance);legal and accounting services;maintenance,repair,landscaping, general upkeep of the Common and Limited Common Elements;and all supplies and materials desirable for the operation of the Condominium and enjoyment of it by the Owners. The Board may hire such full- time or part-time employees as it considers necessary. 16.4. Managing Agent. The Board may,but shall not be required to,contract with an experienced professional Managing Agent to assist the Board in the management and operation of the Condominium and may delegate such of its powers and duties to the Managing Agent as it deems to be appropriate,except as limited herein. If a Managing Agent is employed by the Board,the prior written approval of at least fifty-one percent(51%)of all Eligible Mortgagees shall be required before the Board may terminate professional management and assume self management.The Managing Agent shall not enter any Unit without the consent of the occupant unless entry has been directed by the Board. Only the Board can approve an annual budget or a supplemental budget,and only the Board can impose a special Assessment on a Unit or authorize foreclosure of an Assessment lien. Any contract with a Managing Agent,or any other contract providing for management or operational services,shall have a term no longer Williamsburg CCRs page 13 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 J • than one(1)year(but may be renewable by agreement of the parties for successive one(1)year period(s)) and shall be terminable by the Board without payment of a termination fee,with or without cause,on thirty (30)days'written notice. 16.5. Protection,of-Property. The Board-may spend such funds and take such action as'.it "may from time to time deem necessary to preserve the=Property,settle claims,or otherwise act in what it considers to be the best interests of the Condominium or the Association. 16.6. Imposition of Payments,Fees,Fines. The Board may impose andcollect chargesfor - - late payment of Assessments described in Article-18 and,after notice and opportunity to be heard by the .. ."~ Board or by such representative designated by the Board and in accordance with procedures provided by the Bylaws or rules and regulations adopted by the Board and furnished to the Owners,for violations of the Declaration,Bylaws,or rules and regulations of the Association. The Board may impose and collect reasonable charges for the preparation and recording of amendments to the Declaration,resale certificates - and statements of unpaid Assessments,and may assign its right to future income,including the right to receive Common Expense Assessments. The Board may impose and collect any payments,fees or charges for the use,rental or operation of the Common Elements other than services provided to Owners. Upon ninety(90)days' notice,the Board may terminate without penalty any management contract,employment contract or lease of parking areas or facilities or any other contract or lease between the Association and Declarant or an affiliate of Declarant,or any contract or lease that is not bona fide or was unconscionable to the Owners at the time entered into under the circumstances then prevailing,if such contract or lease was entered into before the Board elected by the Owners pursuant to Article 15 took office. ARTICLE 17. BUDGET AND ASSESSMENT FOR COMMON EXPENSES 17.1. Preparation of Budget. At least thirty(30)days prior to the beginning of each calendar year the Board shall estimate the charges(including Common Expenses,and any special charges for particular Units)to be paid during such year and prepare a budget for creating,funding and maintaining reasonable repair,replacement and acquisition of Common Elements,taking into account any expected income and any surplus available from the prior year's operating fund(which surplus may be applied by the Association to current operating expenses as referenced in the budget). Within thirty(30)days after adoption of any proposed budget for the Condominium,the Board shall provide a summary thereof to all Owners and set a date which is not less than fourteen(14)nor more than sixty(60)days after mailing of the summary for a meeting of the Owners to consider ratification of the budget. The budget shall be ratified unless at such meeting Owners to which a majority of votes in the Association are allocated reject the budget,whether or not a quorum is present. 17.2. Reserve Fund. Without limiting the generality of Section 17.1 but in furtherance thereof,the Board shall create and maintain from regular monthly Assessments a reserve fund for periodic maintenance and repair of Common Elements and for replacement of those Common Elements which can reasonably be expected to require replacement prior to the end of the useful life of the Building. 17.2.1. The Board shall calculate the contributions to said reserve fund so that there are sufficient funds therein to replace each Common Element covered by the fund at the end of the estimated useful life of each such Common Element or such portion thereof as may actually require replacement or renewal. If the sum estimated and budgeted at any time proves inadequate for any reason(including nonpayment of any Owner's Assessment),the Board may at any time levy a further Assessment,which shall be assessed to the Owners in like proportions. Williamsburg CCRs page 14 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 17.2.2. The Association shall maintain separate accounts for current operations and reserves. Any action affecting reserve funds,including the issuance of checks,shall require the signature of at least two(2)persons who are officers and directors of the Association. 17.3. Working Capital Deposit._ The first:buyer-of any-Unit,at closing_thereof,shall pay to _.. - •- ° - the Association,in addition to other amounts due;an amount equal to twice the monthly regular - Assessment as a deposit to the Association's working capital. Such working capital deposits shall not be used to.defray Declarant's expenses in completing the construction of the Condominium,to pay Declarant's reserve contributions or to make up any deficits in the budget of the Association. Upon --transfer of-control of the Condominium to the Association,Declarant shall pay to the Association as a . working capital deposit an amount equal to twice the monthly Assessment for each of the Units then owned by Declarant. When a Unit owned by Declarant is sold,Declarant may apply funds collected at closing to reimburse itself for funds paid to the Association for such deposit with respect to that Unit. 17.4. Monthly Assessments for Common Expenses and Accrual of Assessments. The sums - required by the Association for Common Expenses as reflected by the budget and any supplemental budgets shall be divided into equal installments to be paid each month over the period of time covered by the budget,or supplemental budget. The monthly installments shall be assessed to all of the Units and their respective Owners in proportion to the Units'Allocated Interests as set forth on EXHIBIT B. Notwithstanding the foregoing,certain Common Expenses may be assessed as follows: 17.4.1. Limited Common Element. Any Common Expense associated with the operation,maintenance,repair,or replacement of a Limited Common Element shall be paid by the Owner of or assessed against the Units to which that Limited Common Element is assigned,equally. 17.4.2. Selected Units Benefited. The Board may elect that any Common Expense or portion thereof benefiting fewer than all of the Units must be assessed exclusively against the Units benefited. 17.4.3. Insurance; Utilities. The Board may elect that the costs of insurance must be assessed in proportion to risk. The Board may elect that the costs of utilities shall be assessed in proportion to usage. 17.4.4. Judgments. Assessments to pay a judgment against the Association pursuant to RCW 64.34.368(1)may be made only against the Units in the Condominium at the time the judgment was entered in proportion to their Allocated Interests at the time the judgment was entered. 17.4.5. Misconduct of Owner. To the extent that any Common Expense is caused by the misconduct of any Unit Owner,the Association shall assess that expense against the Owner's Unit. 17.4.6. Reallocation. If the Allocated Interests hereunder are reallocated,Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Allocated Interests. 17.5. Special Assessments. If a special Assessment becomes chargeable against a Unit under the authority of this Declaration or the Bylaws,the Board shall determine the amount of such special Assessment and fix the month or months in which it is to be paid. The special Assessment shall be added to the Unit's monthly installment of Common Expenses and be included in the Assessment against the Unit. Williamsburg CCRs page 15 of 36 #79413 16242-2 I P9X0I!.DOC 2/05/98 I - 17.6. Notice of Assessment. The Board shall notify each Owner in writing of the amount of - the monthly Assessments to be paid for such Owner's Unit and shall furnish copies of each budget-on which the Assessments are based to all Owners and,if so requested,to their respective Mortgagees. 17.7. Payment of Assessments..-On or.before the first day of each calendar month each ..- .. Owner shall pay or cause to be-paid to the-treasurer of the Association the Assessment against the Unit for that month. Any Assessment not paid by the fifth day of the calendar month for which it is due shall be - . .. - delinquent and subject to late charges,interest charges and collection procedures as provided in Article 18. 17.8.- --Proceeds Belong to Association; All Assessments and-other receipts received by the --- - - Association on behalf of the Condominium shall belong to the Association. No funds of the Association shall be commingled with the funds.of any other Association or with the funds of the Managing Agent or any other person responsible for the custody of such funds. 17.9. ' Failure to Assess. Any failure by the Board or the Association to make the budget and Assessments hereunder before the expiration of any budget period for the ensuing period shall not be deemed a waiver or modification in any respect of the provisions of this Declaration,or a release of the Owners from the obligation to pay Assessments during that or any subsequent time period,and the monthly Assessments and amounts previously established shall continue until a new Assessment is established. 17.10. Certificate of Unpaid Assessments. Upon the request of any Owner,Mortgagee, prospective purchaser,or prospective Mortgagee of a Unit,the Board shall furnish within fifteen(15)days after request therefore a certificate in recordable form stating the amount,if any,of unpaid Assessments charged to the Unit. The certificate shall be binding upon the Board,the Association and every Owner as to the amount of such indebtedness on the date of the certificate unless and to the extent known by the recipient to be false. • ARTICLE 18. _ LIEN AND COLLECTION OF ASSESSMENTS - 18.1. Assessments Are a Lien;Priority. All unpaid sums assessed by the Association for the share of the Common Expenses chargeable to any Unit and any sums specially assessed to any Unit under the authority of this Declaration or the Bylaws,(together with interest,fines,late charges,costs,and attorneys' fees in the event of delinquency)shall constitute a continuing lien on the Unit and all its appurtenances from the time the Assessment is due. The lien for such unpaid Assessments shall be prior to all other liens and encumbrances except(a)liens and encumbrances recorded before the recording of the Declaration,(b)a Mortgage on the Unit recorded before the date on which the Assessment is sought to be enforced became delinquent,and(c)liens for real property taxes and other governmental Assessments or charges against the Unit. Except as provided above(and subject to the provisions of Section 18.2 below),a Mortgagee that obtains the right of possession of a Unit through a foreclosure or deed of trust sale,or by taking a deed in lieu of foreclosure or sale,or a purchaser at a foreclosure sale,shall take the Unit free of any claims for Assessments or installments thereof that became due prior to such right of possession,but will be liable for the Common Expenses and Assessments that become due thereafter,and the Unit's past due share of Common Expenses or Assessments shall become new Common Expenses chargeable to all of the Owners,including the Mortgagee or foreclosure or sale purchaser and their successors and assigns,in proportion to their respective Allocated Interest in the Common Elements;however,the Owner shall continue to be personally liable for such past accrued Assessments,as provided in Section 18.3. For the purpose of this Section,the terms"Mortgage"and"Mortgagee"shall not mean any real estate contract or vendor or designee or assignee of a vendor under a real estate contract. Williamsburg CCRs page 16 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 18.2. Lien May Be Foreclosed. Each Unit in the Condominium is hereby granted to Chicago Title Insurance Company,as trustee,in trust with power of sale,to secure the obligation of-each Unit(and the Owner thereof)to pay Assessments against such Unit made by the Association. The Units are not used principally for agricultural or farming purposes:' The power of sale granted hereby is operative in case of • any default in the obligation of an Owner to pay any Assessment made against such Owner's Unit. The Association's•lien for delinquent Assessments is not subject to the provisions of Chapter 6.13 RCW: The - - - lien may be enforced by the Managing Agent or the Board,acting on behalf of the Association,judicially in the manner set forth in Chapter 61.12 RCW or nonjudicially in the manner set forth in Chapter 61.24 RCW for nonjudicial foreclosures of deeds of trust.Unless the Association elects to foreclose its lien nonjudicially pursuant to Chapter 61.24 RCW,the lien shall also be prior to any Mortgage described in - - - Section 18.1(b)to the extent of Assessments for Common Expenses,excluding any amounts for capital improvements,based on the periodic budget adopted by the Association,which would have become due during the six(6)months immediately preceding the date of a sheriffs sale in an action for judicial foreclosure by either the Association or a Mortgagee,the date of a trustee's sale in a nonjudicial - - foreclosure by a Mortgagee;or the date of recording of the notice of forfeiture in a proceeding by the vender under a real estate contract. The priority of the Association's lien against any Unit encumbered by • a Mortgage held by a Mortgagee which has given the Secretary of the Association a written request for notice of delinquent Assessments shall be reduced by up to three(3)months if and to the extent the Association's lien priority includes delinquencies which relate to a period after such holder has given such notice and before the Association gives the holder a written notice of the delinquency. The Managing Agent or the Board,acting on behalf of the Association,shall have the power to bid on the Unit at the foreclosure sale,and to acquire,hold,lease,mortgage and convey the Unit. The lien for delinquent Assessments and the personal liability for payment of the Assessments shall be extinguished unless proceedings to enforce the lien are instituted within three(3)years after the amount of Assessment sought to be recovered becomes due. 18.3. Assessments Are Personal Obligations. In addition to constituting a lien on the Unit and all its appurtenances,all sums assessed by the Association chargeable to any Unit(together with interest,costs and attorneys'fees in the event of delinquency)shall be the joint and several personal obligations of the Unit Owner when the Assessment is made and such Owner's successors in title who assume such obligations,for all Assessments due up to the time of each Owner's conveyance of the Unit, without prejudice to any such successor's ability to recover from the Owner the amounts paid by such successor therefor. Suit to recover a personal judgment for any delinquent Assessments may be maintained without foreclosing or waiving the lien securing them. 18.4. Receiver. From the later of(a)commencement of an action by the Association to foreclose a lien for delinquent Assessments against a Unit that is not occupied by its Owner or (b)delinquency of the Assessments,the Association may appoint a receiver to collect from any lessee of the Unit the rent for the Unit as and when due. If the rental is not paid,the receiver may obtain possession of the Unit,refurbish it for rental up to a reasonable standard for rental Units in this type of condominium, rent the Unit or permit its rental to others and apply the rents first to the cost of the receivership and attorneys' fees thereof,then to the cost of refurbishing the Unit,then to applicable charges,then to costs, fees and charges of the foreclosure action,and then to the payment of the delinquent Assessments. Exercise by the Association of the foregoing rights shall not affect the priority of any preexisting liens on. the Unit. • 18.5. Late Charges and Interest on Delinquent Assessments. The Board may from time to time establish late charges and a rate of interest to be charged on Assessments that may thereafter become delinquent. In the absence of another established nonusurious rate,delinquent Assessments shall bear interest at the rate of twelve percent(12%)per annum. Williamsburg CCRs page 17 of 36 #79413 16242-2 I P9X01!.DOC 2/05/98 • 18.6. Recovery of Attorneys'Fees and Costs. In any action to collect delinquent Assessments;including appeal thereof and enforcement of a judgment,the prevailing party shall beentitled to recover as a part of its judgment a reasonable sum for attorneys' fees and expenses reasonably incurred in connection with the action,in additionto taxable costs permittedby law. - 18.7. Remedies Cumulative. The remedies provided herein are cumulative and the Board - may pursue them,and any other remedies which may be available under the law although not expressed herein,either concurrently or in any order. - 18.8. Security-Deposit. An Owner who-has been delinquent in paying its monthly . Assessments for three(3)of the five(5)preceding months may be required by the Board,from time to time,to make and maintain a security deposit not in excess of three(3)months' estimated monthly Assessments,which shall be collected and shall be subject to penalties for nonpayment as are other •Assessments. The deposit shall be held by the Association in a separate fund,credited to such Owner,and may be resorted to by the Association at any time when such Owner is ten(10)days or more delinquent in paying its Assessments. ARTICLE 19. COMPLIANCE WITH DECLARATION 19.1. Enforcement. Each Owner and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations passed hereunder,as the • same may be lawfully amended from time to time,and will all decisions adopted pursuant to the Declaration and the Bylaws and administrative rules and regulations. Failure to comply shall be grounds for an action to recover sums due for damages,or injunctive relief,or both maintainable by the Board acting through its officers on behalf of the Owners,or by the aggrieved Owner on its own. 19.2. No Waiver of Strict Performance. The failure of the Board(or the Managing Agent)in any instance to insist upon the strict compliance with this Declaration or the Bylaws or rules and regulations of the Association,or to exercise any right contained in such documents or to serve any notice or to institute any action,shall not be construed as a waiver or a relinquishment for the future of any term covenant,condition,or restriction. The receipt by the Board of payment of an Assessment from an Owner, with knowledge of a breach by the Owner,shall not be a waiver of the breach. No waiver by the Board of any requirement shall be effective unless in writing and signed by the Board. ARTICLE 20. LIMITATION OF LIABILITY 20.1. Liability for Utility Failure,Etc. Except to the extent covered by insurance obtained by the Board,none of the Association,the Board,the Managing Agent or the Declarant shall be liable for: the failure of any utility or other service to be obtained and paid for by the Association;any injury or damage to person or property caused by the elements,or resulting from electricity,water,rain,dust,or sand which may lead or flow from outside or from any parts of the Building,or from any of their pipes,drains, conduits,appliances,or equipment,or from any other place;or inconvenience or discomfort resulting from any action taken to comply with any law,ordinance,or orders of a governmental authority. No diminution or abatement of Common Expense Assessments shall be claimed or allowed for any such utility or service failure,or for such injury or damage,or for such inconvenience or discomfort. Williamsburg CCRs page 18 of 36 079413 16242-2 1 P9X01!.DOC 2/05/98 20.2. No Personal Liability. Except as otherwise provided in the Condominium Act,so long as a Board Member,Association Committee Member,Association Officer,Declarant or the Managing Agent has acted in good faith,with ordinary and reasonable care(and in the case of.Board officers and.. ,-._., _, members appointed by.Declarant,with the care required of a fiduciary of the Owners),without willful or • = intentional misconduct,upon the basis of such information as is then possessed by such person,no such - - person shall be personally liable to any Owner,or to any other persons,including the Association,for any - damage,loss,or prejudice suffered or claimed on account of any act,omission,error,or negligence of such person,provided this section shall not apply where consequences of such act,omission,error or negligence is covered by insurance obtained by the,Board. , - - .. - ARTICLE 21. INDEMNIFICATION Each Board Member,Association Committee Member and Officer,Declarant and the Managing Agent shall be indemnified by the Association against all expenses and liabilities,including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be a party, or in which he or she may become involved,by reason of holding or having held such position,or any settlement thereof,whether or not he or she holds such position at the time such expenses or liabilities are incurred,except to the extent such expenses or liabilities are covered by any type of insurance and except in such cases wherein such person is adjudged guilty of willful misfeasance in the performance of his or her duties;provided that,in the event of a settlement,the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association;and further • provided that Declarant shall not be entitled to indemnification against any expenses or liabilities incurred in connection with tort and contract liability imposed upon Declarant under the Condominium Act. ARTICLE 22. INSURANCE 22.1. General Requirements. The Board shall cause the Association to purchase and maintain,to the extent reasonably available,at all times as a Common Expense a policy or policies and bonds necessary to provide casualty insurance;comprehensive liability insurance;fidelity insurance; workers' compensation insurance to the extent required by applicable laws;insurance for the protection of the Association's directors,officers,and representatives from personal liability in the management of the Association's affairs;and such other insurance as the Board deems advisable or is required by the Condominium Act. The Board shall review at least annually the adequacy of the Association's insurance coverage. All such insurance policies shall provide that coverage may not be canceled,modified or allowed to lapse(including cancellation for nonpayment of premium)without compliance with all applicable provisions of Chapter 48.18 RCW pertaining to cancellation or nonrenewal of insurance. Promptly upon the conveyance of a Unit,the new Owner shall notify the Association of the date of the conveyance and the Owner's name and address. The Association shall notify each insurance company that has issued an insurance policy to the Association for the benefit of the Owners under this Article 22 of the name and address of the new Owner and request that the new Owner be made a named insured under such policy. 22.2. Casualty Insurance. The casualty insurance shall,at the minimum,consist of a standard form of fire insurance policy with extended coverage or"all risk"endorsements in an amount equal to the full replacement value(100%)of current replacement cost(exclusive of land,foundation,excavation,and other items normally excluded from coverage)of the Common Elements,and all fixtures and equipment Williamsburg CCRs page 19 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 belonging to the Association. In addition to protection against loss or damage by fire and other hazards covered by the standard extended coverage endorsement,the policy shall provide protection against loss or damage fromsprinkler leakage,debris removal,cost_of demolition,vandalism,malicious mischief, windstorm,water damage,and such other risks as are customarily covered in policies for residential condominium projects of similar construction in King County. The policy or policies shall provide for separate-protection for each Unit to the full insurance replacement value thereof(limited as above provided),and a separate loss payable endorsement in favor of the holder of the Mortgage that creates a lien against such Unit. The insurance proceeds may be made payable to any trustee with which the - Association may enter into an insurance trust agreement,or any successor trustee,who shall have exclusive authority to negotiate losses under the policies. The policies shall provide that;notwithstanding-any - " -- - provisions thereof which give the carrier the right to elect to restore damage in lieu of making a cash settlement,such option shall not be exercisable without the prior written approval of the Association(or any insurance trustee)or when in conflict with the provisions of any insurance trust agreement to which the Association may be party;or any requirement of law. - - 22.3. Comprehensive Public Liability Insurance. The comprehensive policy of public liability insurance shall insure the Board,the Association,the Owners,Declarant,and the Managing Agent, and cover all of the Common Elements,with"Severability of Interest Endorsement"or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner,and shall include protection against water damage liability, liability for non-owned and hired automobiles,liability for property of others,and such other risks as are customarily covered with respect to residential condominium projects of similar construction in King County. The limits of liability shall not be less than One Million Dollars($1,000,000)combined single limits for bodily injuries,death and property damage. 22.4. Additional Policy Provisions. The Board shall exercise its reasonable best efforts to obtain insurance policies pursuant to Sections 22.2 and 22.3 containing the following provisions and limitations: 22.4.1. The named insured shall be the Association,as trustee for each of the Owners in - " - - accordance with their respective Allocated Interests in the Common Elements. The insurance proceeds may be made payable to any trustee with which the Association may enter into an insurance trust agreement,or any successor trustee,who shall have exclusive authority to negotiate losses under the policies. 22.4.2. In no event shall the insurance coverage be brought into contribution with insurance purchased by the Owners of the Units or their Mortgagees. 22.4.3. Coverage shall not be prejudiced by(a)any act or neglect of the Owners when such act or neglect is not within the control of the Association,or(b)failure of the Association to comply with any warranty or condition with regard to any portion of the Property over which the Association has no control. 22.4.4. A waiver of subrogation by the insurer as to any and all claims against the Association,any owner and their respective agents,employees,household members,or tenants,and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. 22.4.5. A standard mortgagee clause which shall: Williamsburg CCRs page 20 of 36 #79413 16242-2 1 P9X011.DOC 2/05/98 22.4.5.1 provide that any reference to a mortgagee in the policy shall mean and include all holders of Mortgages that create liens against any Units or Unit leaseholds or --. subleaseholds in their respective order of preference,whether or not named therein; . -.. . . ..__.., 22.4.5.2- provide that such insurance as to the interest of any holder of a ." Mortgage shall not be invalidated by any act or neglect of the Board or Owners or any person' under any of them; 22.4.5.3 waive any provision invalidating such mortgagee clause by reason of the failure of any holder of a Mortgage to notify the insurer of any hazardous use or vacancy, -- any requirement that such holder pay any premium thereon,and any contribution clause;and 22.4.5.4 provide that,without affecting any protection afforded by such - mortgagee clause,any proceeds payable under such policy shall be payable to the Board or the:...- _ insurance trustee. 22.5. Fidelity Insurance. Fidelity insurance shall afford coverage to protect against dishonest acts on the part of officers,directors,trustees,and employees of the Association or the Managing Agent and all other persons who handle or are responsible for handling funds of the Association and be in an amount equal to at least fifty-five percent(55%)of the estimated annual operating expenses of the Condominium,including reserves. All such fidelity insurance shall name the Association as an insured and contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee"or similar expression. 22.6. Owners'Individual Insurance. Each Owner may obtain additional insurance on his or her Unit and its contents at his or her own expense but only if the Owner's insurance does not decrease the amount that the Board,or any trustee for the Board,on behalf of all the Owners,will realize under any insurance policy that the Board may have in force on the Property. Each Owner shall notify the Board of all improvements by the Owner to his or her Unit the value of which is in excess of One Thousand Dollars ($1,000). Any Owner who obtains individual insurance policies covering any portion of the Property other than personal property belonging to such Owner shall file a copy of his or her individual policy or policies with the Board within thirty(30)days after the purchase of such insurance,and the Board shall immediately review its effect with the Board's insurance broker,agent,or carrier. 22.7. Insurance Proceeds. Insurance proceeds for damage or destruction to any part of the Property shall be paid to the Board on behalf of the Association which shall segregate payment as provided for in Section 17.10. The Association,acting through the Board,shall have the authority to settle and compromise any claim under insurance obtained by the Association. Each Owner hereby appoints the Association as its attorney in fact for this purpose and the insurer may accept the release and discharge of liability made by the Board on behalf of the named insured under the policy. 22.8. Insurance to Meet Secondary Market Requirements. In addition to any other insurance requirements contained in this Declaration,the Association shall maintain in continuous effect such casualty,flood and liability insurance and fidelity insurance or bonds meeting the insurance and bonding requirements for the Condominium,as established by FHA,FNMA,GNMA,FHLMC and VA so long as such entity is an Owner or Mortgagee of any Unit,except to the extent such insurance coverage or bond has been waived in writing by such entity. Williamsburg CCRs page 21 of 36 #79413 16242-2 1 P9X011.DOC 2/05/98 22.9. Liability for Uninsured Amounts. Notwithstanding any other provisions of this Declaration,including Article 23,and except to the extent that a lack of insurance results from the ..- negligence or breach of a duty to insure of the Board: . 22.9.1. Liability for the amount of damage within the limits of any applicable insurance - deductible or otherwise uninsured shall be the-responsibility of an individual Unit Owner where the damage results from a negligent or intentional action or omission by an Owner,or that Owner's tenant,or • the family,servants,employees,agents,visitors or licensees of that Owner or tenant,or from the failure of, - or failure to maintain,any portion of the Condominium,including any appliance,equipment,or fixture in a . Unit,which that Owner is responsible to maintain in good working order and condition. 22.9.2. Except as provided in Section 22.9.1,liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be the responsibility of an individual Unit Owner where the damage involved is limited solely to damage to that Owner's Unit or the Limited Common Element assigned to that Owner's Unit. 22.9.3. Except as provided in Sections 22.9.1 and 22.9.2,liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be prorated between the Association and any involved Owners in proportion to the relative amounts of damage to the Common Element and to each of the affected Units,including the Limited Common Element assigned to such Unit or Units,where the damage involves both the Common Elements and/or one or more Units or the Limited Common Elements assigned to a Unit or Units. ARTICLE 23. DAMAGE OR DESTRUCTION: RECONSTRUCTION 23.1. Determination Regarding Reconstruction. The provisions of this Article shall constitute the procedure by which a determination is made by the Unit Owners to repair;restore, reconstruct or rebuild as provided in the Act. By the act of accepting an interest in the Property,each Unit Owner and party claiming by,through or under the Owner hereby consents and agrees to the provisions of this Article. If any provision of this Article is determined to be invalid or unenforceable by any court of competent jurisdiction,the determination shall not affect the validity of any other provision of this Declaration. The purpose of this Article is to provide a fair and equitable method ofallocating the costs of Repair if all or a portion of the improvements suffer Significant Damage. The provisions of this Article shall be liberally construed to accomplish that purpose. By unanimous vote of the Unit Owners,taken within ninety(90)days after the Significant Damage,the Owners may determine to do otherwise than provided in this Article. 23.2. Definitions: Significant Damage;Repair;Emergency Work. 23.2.1. As used in this Article,the term"Significant Damage"means damage or destruction,whether or not caused by casualty,to any part of the Property which the Board is responsible to maintain or repair: (a)for which funds are not available in the maintenance and repair or contingency budget of the Association to make timely repairs;and(b)which has a significant adverse impact on the habitability of any Unit or the ability of an Owner or Owners to use the Property or any significant portion of the Property for its intended purpose. 23.2.2. As used in this Article,the term"Repair"means to repair,reconstruct,rebuild or restore the Building or improvements which suffered Significant Damage to substantially the same Williamsburg CCRs page 22 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • condition in which they existed prior to the damage or destruction,with each Unit and the Common and Limited Common Elements having substantially the same vertical and horizontal boundaries as before. -- . . Modifications to conform to then applicable governmental rules and regulations or available means of • construction may be made. -. •23.2.3. As used in this Article;the term"Emergency Work"shall mean that work which the Board deems reasonably necessary to avoid further damage,destruction or substantial diminution in value to the improvements and to reasonably protect the Owners from liability arising out of the condition of the Property. 23.3. Initial Board Determinations. In the event of Significant Damage to any part of the Property,the Board shall promptly,and in all events within thirty(30)days after the date of Significant Damage,or,if the Significant Damage did not occur at a particular identifiable time,after the date of its discovery,make the following determinations,employing any advice the Board deems advisable: 23.3.1. The nature and extent of the Significant Damage,together with an inventory of the improvements and the portion of the Property directly affected. 23.3.2. A reasonably reliable estimate of the cost to Repair the Significant Damage, which estimate shall, if reasonably practicable,be based upon two or more firm bids obtained from responsible contractors. 23.3.3. The anticipated insurance proceeds,if any,to be available from insurance covering the loss based on the amount paid or initially offered by the insurer. 23.3.4. The amount,if any,that the estimated cost of Repair exceeds the anticipated insurance proceeds available for that Repair and the amount of Assessment to each Unit if the excess was paid as a Common Expense and specially assessed against all the Units in proportion to their percentages of interest in the Common Elements. 23.3.5. The Board's recommendation as to whether the Significant Damage should be Repaired. 23.4. Notice of Significant Damage. The Board shall promptly,and in all events within thirty (30)days after the date of Significant Damage,or discovery of such Significant Damage,provide each Owner and each Mortgagee with a written notice summarizing the initial Board determination made under Section 23.3. If the Board fails to do so within the thirty(30)day period,then any Owner or Mortgagee may make the determinations required under Section 23.3 and give the notice required under this Section. 23.5. Repair of Non-Significant Damage by Board. In the event of damage or destruction to all or a part of the Property which the Board is responsible to Repair,which is not determined by the Board to constitute Significant Damage,the Board shall promptly arrange the Repair,which shall be conducted in accordance with the original condition for the Condominium. The insurance proceeds,if any,shall be applied to the cost of the Repair;and the balance of the Repair costs, if any,shall be assessed to the Owners responsible for same,or paid as a Common Expense of the Association,or prorated between individual Owners and the Associations,as otherwise provided in the Declaration. Williamsburg CCRs page 23 of 36 #79413 16242-2 I P9X01!.DOC 2/05/98 23.6. Repair'of Significant Damage by Board. 23.6.1. Unless prior to the commencement of a.Repair other than Emergency Work,the - Owners shall have decided not to Repair in accordance with the provisions of either Section 23.7.3 or' - 23.8.3,-the Board shall promptly Repair the Significant Damage,use the available insurance proceeds for. , that purpose,and pay for the actual cost of Repair in excess of insurance proceeds. Except to the extent - ~ - otherwise provided in Section 22.9,the costs of Repair shall be a Common Expense which shall be specially assessed against all Units in proportion to their respective percentages of interest in the Common Elements. 23.6.2. The Board shall have the authority to employ architects and attorneys,advertise for bids, let contracts to contractors and others,and to take any other action reasonably necessary to effectuate the Repair.Contracts for the Repair shall be awarded when the Board,by means of insurance proceeds and sufficient Assessments or Association funds,has provision for the costs of the work to be done under the contracts. The Board may authorize the insurance carrier to proceed with the Repair upon satisfaction of the Board that the work will be appropriately carried out. 23.6.3. The Board may enter into a written agreement in recordable form with any reputable financial institution,trust or escrow company retaining the firm or institution to act as an insurance trustee to adjust and settle any claim for a loss in excess of Fifty Thousand Dollars($50,000),or for the firm or institution to collect the insurance proceeds and carry out the provisions of this Article. 23.7. Limited Damage;Assessment Under$5,000. If the amount of the estimated Assessment determined under Section 23.3 does not exceed Five Thousand Dollars($5,000)for any one Unit,then the provisions of this Section 23.7 shall apply. 23.7.1. The Board may,but shall not be required to,call a special Owners'meeting to consider the Repair. If a special Owners' meeting is called,notice of the meeting shall be given - _.simultaneously with the notice required to be given by the Board under Section 23.4,above. If the Board - fails to call a meeting,then the requisite number of Owners or any Mortgagee;within fifteen(15)days of receipt of the notice given by the Board under Section 23.4,or within fifteen(15)days of the expiration of the thirty(30)day period,whichever is less,may call a special Owners'meeting to consider the Repair. Any meeting called as provided in this Section shall be convened not less than ten(10)nor more than twenty(20)days after the date of the notice of meeting. 23.7.2. Except for Emergency Work,no Repair shall be commenced until after the expiration of the notice period set forth in the preceding Section and until after the conclusion of the special meeting if a meeting is called within the requisite period. 23.7.3. A unanimous written decision of the Unit Owners and Mortgagees(based upon one(1)vote for each Mortgage held)will be required to avoid the provisions of Section 23.6.1 and to determine not to Repair the Significant Damage in accordance with the Survey Map and Plans. The failure of the Board,the requisite number of Owners or a Mortgagee to call for a special meeting at the time or in the manner set forth in Section 23.7 shall be deemed a unanimous decision to undertake the Repair. 23.8. Major Damage;Assessment Over$5,000. If the amount of the estimated Assessment determined under Section 23.3 exceeds Five Thousand Dollars($5,000)for any one Unit,then the provisions of this Section 23.8 shall apply: Williamsburg CCRs page 24 of 36 #79413 16242-2 I P9X01!.DOC 2/05/98 23.8.1. The Board shall promptly,and in all events within thirty(30)days after the date of Significant Damage,or,if the Significant Damage did not occur at a particular identifiable time,after the date of its discovery,provide written notice of a special Owners'meeting to consider Repair of the Significant Damage. The notice of meeting shall be delivered with the notice required to be provided under Section 23.4 above. If the Board fails to do so within the thirty(30)day period,then notwithstanding the provisions of this Declaration or the Bylaws with respect to calling special meetings, any Owner or Mortgagee may within fifteen(15)days of the expiration of the thirty(30)day period,or within fifteen(15)days of receipt of the notice required to be provided by the Board under Section 23.4, whichever is less,call a special meeting of the Owners to consider Repair of the Significant Damage by providing written notice of the meeting to all Owners and Mortgagees. Any meeting held as provided in this Section 23.8 shall be called by written notice and shall be convened not less than ten(10)nor more than twenty(20)days from the date of the notice of meeting. 23.8.2. Except for Emergency Work,no Repair shall be commenced until the conclusion of the special Owners'meeting required under Section 23.8.1. 23.8.3. A concurrence in writing of more than eighty percent(80%)of the Mortgagees (based upon one vote for each Mortgage held),and more than eighty percent(80%)of the Owners of the Units will be required to avoid the provisions of Section 23.6.1 and to determine not to Repair the Significant Damage. The failure to obtain the eighty percent(80%)concurrence in writing shall be deemed a decision to Repair the Significant Damage in accordance with the Survey Map and Plans. The failure of the Board,or Owners or Mortgagees to convene the special meeting required under Section 23.8.1 within ninety(90)days after the date of Significant Damage shall be deemed a unanimous decision not to undertake the Repair. 23.9. Decision Not to Repair;Disposition. In the event of a decision under either Section 23.7.3 or 23.8.3 not to Repair any Significant Damage,the Board may nevertheless expend any of the insurance proceeds and Association funds as the Board deems reasonably necessary for Emergency Work(which Emergency Work may include but is not necessarily limited to removal of the damaged or destroyed Building and clearing,filling and grading the real property),and the remaining funds,if any,and the Property shall then be held and distributed as follows: 23.9.1. The property shall be owned in common by the Unit Owners and shall no longer be subject to this Declaration or to condominium ownership; 23.9.2. The undivided interest in the Property owned in common which appertains to each Unit Owner shall be the percentage of Allocated Interest previously owned by the Owner in the Common Elements; 23.9.3. Any Mortgages or liens affecting any of the Units shall be deemed transferred in accordance with the existing priorities to the percentage of the undivided interest of the Unit Owner in the Property as provided in this Section 23.9;and 23.9.4. The Property shall be subject to an action for partition at the suit of any Unit Owner or the Association,in which event the net proceeds of sale,together with the net proceeds of the insurance of the Property,if any,shall be considered as one fund;the fund shall be divided into separate shares one for each Unit Owner in a percentage equal to the percentage of undivided interest owned by each Owner in the Property;then,after first paying out of the respective share of each Unit Owner,to the extent sufficient for the purposes,all Mortgages and liens on the undivided interest in the Property owned Williamsburg CCRs 0 page 25 of 36 1179413 16242-2 1 P9X01!.DOC 2/05/98 by that Unit Owner,the balance remaining in each share shall then be distributed to each Unit Owner respectively. - ARTICLE 24. CONDEMNATION 24.1. Consequences of Condemnation;Notices. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority(collectively,a "Taking")notice of the Taking shall promptly be given to each Owner and to each Eligible Mortgagee and the provisions of this Article 24 shall apply. The Association,acting through the Board,shall represent the - Owners in any proceedings,negotiations,settlements or agreements in connection with any Taking,and each Owner hereby appoints the Association its attorney in fact for this purpose. 24.2. Proceeds. All compensation,damages,or other proceeds of the Taking(collectively,the "Award")shall be payable to the Association,as trustee for the Owners and Mortgagees as their interest may appear. 24.3. Complete Taking. If the entire Property is taken,the Condominium ownership shall terminate effective as of the acquisition of the Property by the condemning authority. The Award shall be apportioned among the Owners in proportion to their respective Allocated Interests in the Common Elements;provided that,if a standard different from the value of the Property as a whole is employed to measure the Award in the Taking,then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the foregoing principle,the Board shall as soon as practicable determine the share of the Award to which each Owner is entitled. Each Owner's share shall be applied first to the payment of all Mortgages and liens on the Owner's interest in accordance with the existing priorities and the balance of each share,if any,shall be distributed to the Owner. 24.4. Partial Taking. If less than the entire Property is taken the Condominium ownership shall not terminate. The Allocated Interest of all Units taken shall be reallocated to those remaining Units in proportion to the respective Allocated Interests of those Units before the Taking and the Association shall promptly prepare,execute and record an amendment to this Declaration reflecting the reallocations. Any remnant of a unit remaining after part of the Unit is taken,which remnant may not practically or lawfully be used for any purpose permitted by this Declaration,shall become a Common Element effective as of the acquisition of the Property taken by the condemning authority. If part of a Unit is taken and the remaining part may be practicably and lawfully used for any purpose permitted by this Declaration,that Unit's Allocated Interest in the Common Elements shall be reduced in proportion to the reduction in size of the Unit or on any other basis specified herein and the portion of the Allocated Interest divested from the partially taken Unit shall be automatically reallocated to such Unit and the remaining Units in proportion to the respective Allocated Interests of those Units before the Taking,with any partially taken unit sharing in the reallocation on the basis of its reduced Allocated Interest. Each Owner shall be entitled to a share of the Award determined in the following manner: 24.4.1. As soon as practicable the Board shall,reasonably and in good faith,allocate the Award among Owners as compensation for Property taken,severance damages,or other proceeds. 24.4.2. Any amount allocated to taking of or injury to the Common Elements shall be apportioned among owners in proportion to their respective Allocated Interests in the Common Elements. Williamsburg CCRs page 26 of 36 #79413 16242-2 1 P9X01 LDOC 2/05/98 24.4.3. Any amount allocated in the taking or partial taking of or injury to a particular Unit,Limited Common Elements appurtenant thereto and/or improvements made by the Owner therein shall be apportioned to the.Unit.... _ .._ ...,. 24.4.4. Any amount allocated to severance damages shall be apportioned to the Units .. that were not taken. 24.4.5. Any amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Board determines to be equitable in the circumstances. 24.4.6. If an allocation of the Award has already been established in negotiation,judicial decree,or otherwise,then in apportioning the Award the Board shall employ that allocation to the extent it is relevant and applicable. 24.4.7. Distribution of apportioned proceeds shall be made to the Owners and their • respective Mortgagees in the manner provided in Section 24.3. 24.5. Reconstruction and Repair. Any reconstruction and repair necessitated by a Taking shall be governed by the procedures specified in Article 23 for repair of damage,provided that the Board may retain and apply such portion of each Owner's share of the Award as is necessary to discharge the Owner's liability for any special Assessment arising from the operation of Article 23. ARTICLE 25. EASEMENTS 25.1. In General. Each Unit is hereby declared to have,and every other Unit and the Common Elements are subjected to,an easement in and through each other Unit and the Common Elements for all support elements and utility,wiring,heat,and service elements and for reasonable access thereto,as required to effectuate and continue proper operation of the Condominium. The specific mention or reservation of an easement in this Declaration does not limit or negate the general easement for Common Elements reserved by law. • 25.2. Encroachments. Each Unit and all Common Elements are hereby declared to have an easement over all adjoining Units and Common Elements for the purpose of accommodating any present or future encroachment as a result of engineering errors,construction,reconstruction,repairs,settlement, shifting,or movement of any portion of the Property,or any other similar cause,and any encroachment due to Building overhang or projection. There shall be valid easements for the maintenance of the encroaching Units,and/or Common Elements so long as such encroachments shall exist,and the rights and obligations of Owners shall not be altered in any way by such encroachments;provided, however, that in no event shall a valid easement for encroachment be created in favor of a Unit if the encroachment was caused by the willful act of the Owner. The encroachments described in this Section 25.2 shall not be construed to be encumbrances affecting the marketability of title of any Unit. 25.3. Easement and Rights Reserved by Declarant. Declarant hereby reserves nonexclusive easements over,across and through the Common Elements as reasonably necessary for the purposes of discharging Declarant's obligations hereunder and under the Condominium Act and for exercising any Special Declarant Rights including completing the construction of any Units or other improvements and preparing Units for sale. The easements reserved hereby shall not be exercised in a manner that will overload or materially impair the use and enjoyment of the Common Elements by the Owners. Williamsburg CCRs page 27 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 25.4. Utility Easements Granted by Declarant. Declarant grants to each company or municipality providing utility services to the Condominium or to the Owners an easement for the • - installation ofall utilities serving the Condominium..including water,sanitary sewer,storm sewer, electricity,gas,cable television and telephone;and an easement for reasonable access over the Common Elements to the utility service facilities. - ARTICLE 26. PROCEDURES FOR SUBDIVIDING,COMBINING OR RELOCATING BOUNDARIES BETWEEN UNITS 26.1. Submission of Proposal. No Unit or Units or Common Elements shall be subdivided and/or combined either by agreement or legal proceedings,except as provided in this Article or in Section 32.2.3. 26.1.1. Subdivision on Combination. An Owner may propose the subdivision and/or combination of a Unit,Units,or Common Elements by submitting the proposal in writing to all other Owners and the Mortgagees of the Units to be subdivided or combined. If the proposal contemplates the subdivision of a Unit,the proposal must also be given to all Mortgagees. The proposal must include complete plans and specifications for accomplishing the subdivision or combination and proposed amendments of this Declaration and the Survey Map and Plans,if required by the Condominium Act. 26.1.2. Relocation of Boundaries. The Owners of adjoining Units may apply to the Association for relocation of the boundary between their Units. If the Owners have specified a reallocation between their Units of their Allocated Interests,the application must state the proposed reallocations. 26.2. Approvals Required. 26.2.1. Subdivision. A proposal that contemplates subdivision of a Unit will be accepted only if approved in writing by all Owners and holders of Mortgages on the Unit or Units to be subdivided and the Owners of Units to which at least eighty percent(80%)of the votes in the Association are allocated. 26.2.2. Approval Required for Combination. A proposal that contemplates only combination of Units without subdividing any of them will be accepted if approved in writing by the Owners of Units to which at least fifty-one(51%)of the votes in the Association are allocated and all Owners and Mortgagees of the Units to be combined. 26.3. Procedure After Approval. Upon approval of an Owner's proposal for combination, subdivision or relocation of boundaries as provided herein,the Owner may proceed according to the proposed plans and specifications;provided that the Board may in its discretion require that the Board administer the work or the Board may require provisions for the protection of other Units or Common Elements or that reasonable deadlines for completion of the work be inserted in the contracts for the work. 26.3.1. Subdivision. In the event of a subdivision,the Association shall prepare, execute and record(and the Owner of the subdivided Unit shall execute)an amendment to this Declaration and the Survey Map and Plans,subdividing the Unit,assigning identifying numbers to the Units created, and reallocating the Allocated Interests formerly allocated to the subdivided Unit to the new Units. Williamsburg CCRs page 28 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 26.3.2. Relocation of Boundaries. In the event of a relocation of Unit boundaries,the Association shall prepare an amendment to the Declaration that identifies the Units involved and states the reallocations of Allocated Interests. The amendment must be executed by the Owners of the Units involved,contain words of conveyance between them to be recorded in the official records of King County. The Association shall obtain and record and amendment to the Survey Map or Plans necessary to show the altered boundaries between adjoining Units and their dimensions and identifying numbers. ARTICLE 27. AMENDMENTS OF DECLARATION AND SURVEY MAP AND PLANS 27.1. Amendments by the Association. Any Owner may propose amendments to this Declaration or the Survey Map and Plans to the Board. If approved by a majority of the members of the Board,a proposed amendment shall be submitted to the members of the Association for their consideration. If an amendment is proposed by Owners to which twenty percent(20%)or more of the votes in the Association are allocated,then,irrespective of whether the Board concurs in the proposed amendment,it shall be submitted to the members of the Association for their consideration at their next regular or special meeting. Notice of a meeting at which an amendment is to be considered shall include the text of the proposed amendment. Amendments may be adopted at a meeting of the Association or by written consent of the requisite number of persons entitled to vote,after notice has been given to all persons(including Mortgagees)entitled to receive notice of a meeting of the Association. 27.2. Approvals Required. The consent of Owners of Units to which at least ninety percent (90%)of the votes in the Association are allocated and all owners particularly affected by the amendment shall be required for adoption of any amendment(1)increasing or creating any Special Declarant Rights, (2)increasing the number of Units,or(3)changing the boundaries or Allocated Interests of any Unit or the use to which any Unit is restricted. Subject to the specific provisions of Section 6.3 (allocation of Limited Common Elements),Article 24(condemnation),Article 26(subdividing or combining Units or relocating boundaries),Article 28(terminating the Condominium),Article 31 (conveyance or encumbrance of Common Elements)or Article 32(Special Declarant and Development Rights),all other amendments shall be adopted if Owners of Units to which at least sixty-seven percent(67%)of the votes in the Association are allocated approve the amendment. Once an amendment has been adopted by the Association it shall become effective when the amendment,executed and certified on behalf of the Association,has been recorded in the official records of King County. 27.3. Challenge to Validity. No action to challenge the validity of an amendment adopted pursuant to this Article may be brought more than one(1)year after the amendment is recorded. 27.4. Special Declarant/Development Rights. No amendment may restrict,eliminate or otherwise modify any Special Declarant or Development Right provided in this Declaration without the consent of Declarant and any Mortgagee of record with a security interest in the Special Declarant or Development Right or in any real property subject thereto. Williamsburg CCRs page 29 of 36 479413 16242-2 1 P9X01!.DOC 2/05/98 i 1 Condominium shall require the consent and approval of at least sixty-seven percent(67%)of the Eligible Mortgagees. Any Eligible Mortgagee who fails to submit a response to any written proposal for an amendment within thirty(30)days after it receives proper notice of the proposal,provided the notice was delivered by certified or registered mail,return receipt requested,shall be deemed to have approved and consented to the amendment in question.Notwithstanding anything to the contrary in this Declaration,no requirement for Mortgagee approval may operate to(1)deny or delegate control over the general administration of affairs of the Association by the Owners or the Board,or(2)prevent the Association or the Board from commencing,intervening in or settling any litigation or proceeding,or receiving and distributing any insurance proceeds except pursuant to Article 22. 30.2. Notice to Mortgagees. Upon a written request sent by a Mortgagee to the Association stating such Mortgagee's name and address and the Unit number or address of the Unit subject to the ' Mortgage held,guaranteed,or insured by such Mortgagee,shall be entitled to timely written notice without charge of 30.2.1. Any condemnation or casualty loss that affects either a material portion of the Condominium or the Unit subject to the Mortgage held,insured or guaranteed by such Mortgagee; 30.2.2. Any default in payment of Assessments or charges owed by the Owner of a Unit subject to the Mortgage held,insured or guaranteed by such Mortgagee,where the delinquency has not been cured in sixty(60)days; 30.2.3. Any lapse,cancellation or material modification of any insurance policy or fidelit$'bond maintained by the Association;and 30.2.4. Any of the proposed changes referred to in Section 30.1 above. ARTICLE 31. CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS Portions of the Common Elements not necessary for the habitability of a Unit may be conveyed or subjected to a security interest by the Association if approved by the Owners of Units to which at least eighty percent(80%)of the votes in the Association are allocated(including eighty percent(80%)of the votes allocated to Units not owned by Declarant or an Affiliate of Declarant),but in order to convey any Limited Common Elements or subject them to a security interest,all of the owners of the Units to which such Limited Common Elements are allocated must consent in writing. The proceeds of any such sale or financing shall be an asset of the Association. Any agreement to convey Common Elements or subject them to a security interest must be evidenced by the execution of an agreement or ratification thereof in the same manner as a deed by the requisite number of Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded the official records of King County. The Association,on behalf of the Owners,may contract to convey Common Elements or subject them to a security interest but the contract shall not be enforceable against the Association until approved as required under this Article 31. Thereafter,the Association shall have all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. No action by the Association pursuant to this Article 31 shall deprive any Unit of its rights of access and support,nor affect the priority or validity of any preexisting encumbrances. Williamsburg CCRs page 31 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 • ARTICLE 32. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 32.1. Special Declarant Rights. As more particularly provided in this Article,Declarant,for itself and any successor Declarant,has reserved the following Special Declarant Rights: 32.1.1. Completion of Improvements. Declarant,its agents,employees and contractors shall have the right to complete improvements and otherwise perform work: authorized by the Declaration; indicated on the Survey Map and Plans;authorized by building permits;provided.for under any Purchase and Sale Agreement between Declarant and the purchaser of a Unit;necessary to satisfy any express or implied warranty under which Declarant is obligated;or otherwise authorized or required by law. 32.1.2. Sales Facilities of Declarant. Declarant,its agents,employees and contractors _ - shall be permitted to establish and maintain in any Unit still owned by Declarant and in any of the Common Elements(other than Limited Common Elements assigned to Units not owned by Declarant), such facilities as in the sole opinion of the Declarant may be reasonably required,convenient or incidental to the construction,sale or rental of Units and appurtenant interests,including but not limited to: business offices;management offices;sales offices;construction offices;storage areas;signs;model units;and parking areas for all agents,employees,contractors,prospective tenants or purchasers of Declarant. Any such facilities not designated a Unit by the Declaration is a Common Element and,if Declarant ceases to be - a Unit Owner,the Declarant ceases to have any rights with regard thereto unless it is removed promptly from the Condominium,which Declarant shall have the right to do. Declarant may maintain signs on the Common Elements advertising the Condominium. The provisions of this Section are subject to the provisions of other state law and to local ordinances. The number,size,location,and relocation of'such facilities shall be determined from time to time by Declarant in the exercise of its sole discretion;provided, that the maintenance and use of such facilities shall not unreasonably interfere with a Unit Owner's use and enjoyment of: the Unit and appurtenant Limited Common Elements;and those portions of the Common Elements reasonably necessary to use and enjoy such Unit and Limited Common Elements. 32.1.3. Exercise of Development Rights. Declarant shall have the right to exercise Development Rights,if any,under this Declaration and the Act. 32.1.4. Termination of Declarant Rights. Except as otherwise provided in this Declaration,the foregoing Special Declarant Rights shall continue so long as Declarant is completing improvements which are within or may be added to this Condominium,or Declarant owns any Units,or any Development Rights remain in effect;provided,that Declarant may voluntarily terminate any or all of such Rights at any time by recording an amendment to the Declaration,which amendment specifies which Right is thereby terminated. 32.2. Development Rights. As more particularly provided in this Article,the Declarant,for itself and any successor Declarant,has reserved the following Development Rights: 32.2.1. Parking Assignment. (a) The total number of parking spaces which are anticipated for this Condominium are shown on EXHIBIT A attached hereto,and the general locations of such parking spaces are depicted on the Survey Map and Plans. (b) Declarant reserves the right to make the initial allocation of parking spaces,driving areas,and storage areas to each Unit pursuant to Sections 6.1.2 and 6.1.3 and Williamsburg CCRs page 32 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 Exhibits attached hereto(or by amendments thereto). With respect to each Unit,Declarant shall make such allocations prior to or contemporaneously with the closing of the sale of such Unit by Declarant. (c) Until the approximate locations are shown on the Survey Map and Plans, and an allocation to Units is made by this Declaration or amendments thereto,such parking spaces,driving areas and storage areas shall continue as part of the Common Elements(but not as - Limited Common Elements). - - - (d) Once the Declarant's right to make such allocations has expired,the balance of any parking spaces,driving areas,and storage areas, if any,not so allocated to specific Units shall continue as part of the Common Elements(not as Limited Common Elements)to be used in accordance with the rules and regulations established from time to time by the Board. (e) If Declarant elects to reallocate parking or storage previously allocated to Units still owned by Declarant,Declarant shall comply with the provision of Section 6.2.2;such reallocation is expressly recognized as being authorized by and in compliance with this Declaration. 32.2.2. Development in Phases. (a) Right to Phase. This Condominium will be developed and established in phases on the Property described on Exuma A. Phase 1 consists of 37 Units located in Buildings 1,3,5,7 and 9. Declarant may create up to an additional 25 Units in 4 additional Buildings within certain Common Element land referred to herein as the Subsequent Phase Property,lying outside of the Phase 1 land delineated on the Survey Map and Plans. Declarant reserves the right to withdraw all or a portion of the Subsequent Phase Property from the Condominium pursuant to Section 32.2.1(i)below. (b) Phase 1. This Declaration provides a description of: the total Property; the Common and Limited Common Elements for all phases;and the Units and Buildings for Phase 1. The Survey Map and Plans,filed simultaneously herewith,depict with respect to Phase 1,certified as-built,the following: a survey of the surface of the total Property;the location of Buildings 1,3,5,7 and 9 for Phase 1;and the plans of Buildings 1,3,5,7 and 9 showing as to each Unit the vertical and horizontal boundaries,the location of all such Units,and the number and dimensions of all such Units. The provisions regarding Phase 1 shall be effective immediately to establish Phase 1 (including all Units,Buildings 1,3,5,7 and 9 and other improvements constructed thereon)as a Condominium under the Act. Subsequent phases (including all Units,Buildings and other improvements constructed thereon)shall not be established as part of the Condominium under the Act until Declarant records an amendment to the Declaration and an amendment to the Survey Map and Plans pursuant to Section 32.2.2(c). (c) Declaration and Survey Map and Plans Amendments. For subsequent phases,Declarant shall execute and record an amendment to this Declaration stating that such phase is established as a Condominium under the Act and removing that portion of the real property on which the Units being created are located from the Subsequent Phase Property. From and after the recording of said amendment,all Units,Buildings and other improvements constructed thereon,shall constitute a single Condominium pursuant to the Act and the provisions of this Declaration. In conjunction with said amendment to the Declaration,an updated or revised • Survey Map,or Plans,or both,shall be filed. The amendment to the Declaration shall assign an Williamsburg CCRs page 33 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 identifying number to each new Unit created,and reallocate the Allocated Interests among all Units. The amendment must describe any Common Elements and any Limited Common Elements thereby created and,in the case of Limited Common Elements,designate the Unit to which each is allocated to the extent required by RCW 64.34.228. (d) Completion. Declarant shall complete subsequent phases in accordance with the plans and specifications prepared by or for Declarant and as approved by governmental authorities having jurisdiction thereof and by the lender or lenders financing the construction of subsequent phases. Improvements within subsequent phases will be reasonably consistent with - improvements in Phase 1 in terms of quality of construction. Completion of subsequent phases will be pursued by Declarant as expeditiously as reasonably possible,subject to delays for reasons (including,but not limited to,financing availability,market conditions,labor disputes,material shortages,and acts of God)reasonably beyond the control of Declarant. All improvements for subsequent phases shall be substantially completed before subsequent phases are incorporated.into the Condominium. (e) Allocated Interests. The Allocated Interests for Phase 1 shall be calculated solely with respect to the Units within Phase 1. When subsequent phases are established as part of the Condominium,the Allocated Interests for all Units in the Condominium shall be reallocated as provided in EXHIBIT B attached hereto. CO Assessments. Assessments for Phase 1 shall utilize and be based on the Allocated Interests stated for that phase until subsequent phases are incorporated. The Declarant or Board may upon the activation of subsequent phases,based on the reallocation of Allocation Interests,recompute the budget and the Assessments,and impose the revised Assessments. Notwithstanding the foregoing,Declarant alone is liable for all expenses in connection with property subject to Development Rights except expenses associated with the operation, maintenance,repair and replacement of Common Elements utilized by other Owners. (g) Easements for Phased Development. (i) In addition to the general easements reserved by statute and by reference in other sections of this Declaration,there is reserved a non-exclusive easement in favor of Declarant over and across the Property for ingress and egress and over and across easements, roadways,and utility lines specified or established in and for completed phases,and the right to connect thereto is reserved. Such reservations are for the purpose either of completing subsequent phases,or otherwise developing portions of the land for other purposes if not completed as a Condominium phase. (ii) The easements reserved under this Section shall entitle the Declarant,for development of subsequent phases of the Condominium,or for development and utilization of the lands to have been included in subsequent phases if such lands are utilized for. other purposes under the powers reserved to Declarant: to connect with water,sewer,storm sewer,electrical,gas,telephone or other utility lines of all varieties;and to connect with roadways or utility systems developed in connection with established phases. (iii) Declarant shall bear the cost of connections to said utilities and roads and will not connect with said utilities in a manner that impairs or significantly reduces the quality of the utility service to established phases;provided,that if said connections cause an Williamsburg CCRs page 34 of 36 #79413 16242-2 1 P9X01 LDOC 2/05/98 increase in the cost of delivering affected utility services to established phases,that cost shall be borne by the Declarant. (iv) Any land which is withdrawn from the Condominium and which utilizes and benefits from the utility and roadway easements reserved to Declarant hereunder,shall pursuant to an irrevocable covenant running with the land be obligated to pay a pro rata share - (based on the relative number of Units)of the costs of subsequent repairs,maintenance and operation of said utilities and roadways. (h) Liens Arising in Connection with Phases. At the time the amendment - incorporating any subsequent phase into the Condominium is made,no lien arising in connection with the Declarant's ownership of,and construction of improvements as part of subsequent phases adversely affect the rights of existing Unit Owners or the priority of Mortgages on Units in the existing Condominium Property. All taxes,assessments,mechanics liens,and other charges affecting subsequent phases will be paid or otherwise satisfactorily provided for by the Declarant. (i) Withdrawal of Subsequent Phases. If,despite the good faith efforts of Declarant,and for reasons(including,but not limited to,fmancing availability,market conditions, labor disputes,material shortages and acts of God)beyond the reasonable control of Declarant, any subsequent phase is not completed,then Declarant at any time may elect not to incorporate any subsequent phase into the Condominium. To effectuate the foregoing,Declarant,upon its sole signature and without further consent of any of the other Owners being required,may file such amendment to this Declaration and to the Survey Map and Plans as is necessary to withdraw all or a portion of the Subsequent Phase Property(and improvements constructed thereon)from the provisions of this Declaration and to relinquish Declarant's rights under this Section. In the event Declarant should exercise its rights under this Section to withdraw Subsequent Phase Property,from the provisions of this Declaration,then: established phases of the Condominium shall thereafter continue to constitute a complete,fully operational Condominium;withdrawn land (and improvements thereon)may be used for any other lawful purpose in Declarant's discretion; and the easements provided for in this Section shall continue for the benefit of the Declarant for the development and utilization of any withdrawn land. Declarant reserves the right to execute - any application or document on behalf of the Unit Owners and the Association necessary to segregate any such Property and to effectuate any such withdrawal. 0) Limitation of Declarant's Rights. (i) If all phases are completed,the Condominium shall include not more than 62 Units. (ii) Notwithstanding any other provision of this Declaration, Declarant's right to add any subsequent Phase by amendments under this Section shall expire seven(7)years after initial Declaration recording. ARTICLE 33. SEVERABILITY The provisions of this Declaration shall be independent and severable,and the enforceability of any one provision shall not affect the enforceability of any other provision,if the remainder complies with the Condominium Act or,as covenants,affect the common plan. Williamsburg CCRs page 35 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • ARTICLE 34. REFERENCE TO SURVEY MAP AND PLANS The Survey Map and Plans for this Condominium were filed with the Division of Records and Elections of King County,Washington,simultaneously with the recording of this Declaration under Recording No. ,Volume of Condominiums,pages through EXECUTED as of the day of , 1997. DECLARANT: KENNYDALE VISTA,L.L.C., a Washington limited liability company 13Y Its STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me ,to me known to be the of KENNYDALE VISTA,L.L.C.,the Washington limited liability company that executed the foregoing instrument,and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company,for the uses and purposes therein mentioned,and on oath stated that[he/she]was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires Williamsburg CCRs page 36 of 36 #79413 16242-2 IP9X01!.DOC 2/05/98 ERHIBIT A DESCRIPTION OF LAND A. DESCRIPTION OF LAND SUBJECT TO THIS DECLARATION: PARCEL A: Lots 1 and 2,Block 3,C.D.Hillman's Lake Washington Garden of Eden Addition to Seattle,Division No.7,according to the plat thereof recorded in Volume 16 of Plats, page 18, in King County,Washington; - EXCEPT the south 80 feet of Lot 2; TOGETHER WITH that portion of Lincoln Place Northeast and Northeast 41st Street (SE 83rd Street),adjacent,vacated under City of Renton Ordinance No.2961,which attaches by operation of law. PARCEL B: Lot 8,Block 2,C.D.Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No.7,according to the plat thereof recorded in Volume 16 of Plats,page 18,in King County,Washington; TOGETHER WITH that portion of Northeast 41st Street(SE 83rd Street),vacated under City of Renton Ordinance No.2961,which attaches by operation of law. B. LAND ON WHICH SUBSEQUENT PHASE BUILDINGS MAY BE CONSTRUCTED: As shown on the Survey Map and Plans. C. MISCELLANEOUS: 1. Description of Property which may be allocated by Declarant as Limited Common Elements: Property described above. 2. Description of Property subject to Development Rights or Special Declarant Rights: Property described above. 3. Parking for Condominium: a. Parking spaces which are within Units: 88 b. Uncovered guest parking 16 c. Limited Common Elements spaces(enclosed): 32 TOTAL 136 4. Public street to which Common Elements have direct access: North 40th Street,Renton,Washington. 5. Moorage slips: NONE. Williamsburg CCRs E tJ-nBr'A #7941316242-2.1P9X01!.DOC 2/09/98 • EXHIBIT B WILLIAMSBURG CONDOMINIUMS UNIT DESCRIPTION/PARKING AND STORAGE ASSIGNMENTS PHASE I Area Allocated Parking Storage Units Unit Data2 Type3 (Sq.Ft.)4 Interests Space Space Fireplace A-1 2 BR,2%2 BA A 1,324/600 2 in Unit 0 1 A-2 3 BR,2'/2 BA B 1,468/600 2 in Unit 0 1 A-3 3 BR,2'/2 BA C 1,468/600 2 in Unit 0 1 A-4 2 BR,2'/2 BA D 1,272/460 2 in Unit 0 1 A-5 2 BR,2'/2 BA D 1,272/460 2 in Unit 0 1 A-6 .2 BR,2'/2 BA D 1,272/460 2 in Unit 0 1 A-7 2 BR,2'/2 BA E 1,330/454 2 in Unit 0 1 A-8 2 BR,2'/2 BA E 1,330/454 2 in Unit 0 1 • A-9 2 BR,2'/2 BA E 1,330/454 2 in Unit 0 1 A-10 2 BR,2'/2 BA E 1,654/454 2 in Unit 0 1 F-1 3 BR,2'/2 BA C 1,468/600 2 in Unit 0 1 F-2 3 BR,2'/2 BA B 1,468/600 2 in Unit 0 1 I Units designated with the following prefixes are located in the building as indicated below: A-Building A B-Building B,etc. 2 Legend: BR-bedroom BA-bathroom 3 [Insert legend to Unit types.] 4[REVISE] Square footages are based on the surveyor's certificate upon completion of construction. Square footages will be based on interior surface dimensions(excluding perimeter wall thickness)and may be less than square footages used in advertising brochures which are based on good-faith architectural estimates. s Allocated Interests apply to Common Elements and Common Expenses. (Voting is on a one-vote-per- Unit basis.) See Article 8 for method of calculation. Williamsburg CCRs EXHIBIT B-1 #7941316242-2.1 P9X01!.DOC 2/09/98 Area Allocated Parking Storage Unit' Unit Data2 Type3 (Sq.Ft.)4 Interests Space Space Fireplace F-3 2 BR,21/2 BA E 1,330/454 2 in Unit 0 1 F-4 2 BR,2'/Z BA E 1,330/454 2 in Unit 0 1 F-5 2 BR,2%BA E 1,330/454 2 in Unit 0 1 F-6 2 BR,2'/2 BA E 1,654/454 ' 2 in Unit 0 1 B-1 2 BR,2'/2 BA D 1,558/460 2 in Unit 0 1 B-2 2 BR,2'h BA D 1,272/460 2 in Unit 0 1 B-3 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 B-4 2 BR,2'/:BA D 1,272/460 2 in Unit 0 1 B-5 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 B-6 2 BR,2%BA D 1,558/460 2 in Unit 0 1 C-1 2 BR,2Y2 BA D 1,558/460 2 in Unit 0 1 C-2 2 BR,2'/:BA D 1,272/460 2 in Unit 0 1 C-3 2 BR,2'/Z BA D 1,272/460 2 in Unit 0 1 C-4 2 BR,2''A BA D 1,272/460 2 in Unit 0 1 C-5 2 BR,2'/2 BA D 1,272/460 2 in Unit 0 1 C-6 2 BR,2'/Z BA D 1,558/460 2 in Unit 0 1 D-1 2 BR,2 BA F 1,070 P-1 0 1 D-2 ' 2 BR,2 BA G 1,194 P-6,7 0 1 D-3 2 BR,2 BA F 1,070 P-16 0 1 D-4 2 BR,2 BA F 1,070 P-4,5 0 1 D-5 2 BR,2 BA G 1,194 P-8,9 0 1 D-6 2 BR,2 BA F 1,070 P-2,3 0 1 D-7 2 BR,2 BA F 1,070 P-14, 15 0 1 D-8 2 BR,2 BA G 1,194 P-10, 11 0 1 D-9 2 BR,2 BA F 1,070 P-12, 13 0 1 TOTAL 0.0% Williamsburg CCRs EXHIBIT B-2 #79413 16241-2.1 P9X011.DOC 2/09/98 BYLAWS OF 41 " WILLIAMSBURG CONDOMINIUM ASSOCIATION ARTICLE 1. OBJECT AND DEFINITIONS 1.1. Purpose. The purpose for which Williamsburg Condominium Association("Association")is formed is to govern the Condominium established by the Declaration and Covenants,Conditions,Restrictions,and Reservations for Williamsburg Condominium("Declaration")as recorded in the records of King County. 1.2. Assent. All present or future Owners,tenants,future tenants,or any other person using the facilities of the Condominium in any manner are subject to the regulations set forth in these Bylaws and in the Declaration. The mere acquisition or rental of any Unit in the Condominium("Unit")or the mere act of occupancy of any Unit shall constitute ratification of these Bylaws. 1.3. Definitions. Unless otherwise specified,all terms shall have the same meaning in these Bylaws as such terms have in the Declaration. The terms"Owners"and"Members"as used herein shall be synonymous. In addition,the term"Director"shall mean any member of the Board of Directors of the Association. ARTICLE 2. MEMBERSHIP,VOTING,MEETINGS AND ADMINISTRATION 2.1. Matters Governed by Declaration. With regard to various matters including membership, meetings and voting,reference is made to Article 13 of the Declaration. 2.2. Annual and Special Meetings. There shall be an annual meeting of the Members of the Association in the first quarter of each year. Special meetings of the Association may be called at any time by the president,a majority of the Board,or Owners having twenty percent(20%)or more of the votes in the Association, for the purpose of considering matters which require the approval of all or some of the Owners,or for any other reasonable purpose. Annual and special meetings shall be held at such reasonable place and time as may be designated by no less than ten(10)or more than sixty(60)days' written notice from the Board in the case of an annual meeting or from the party calling a special meeting. 2.3. Additional Administrative Provisions. 2.3.1 Majority of Owners. As used in these Bylaws,the term"Majority of Owners"shall mean those Owners holding fifty-one percent(51%),or more,of the total votes of the Association. 2.3.2 Quorum. Except as otherwise provided in these Bylaws,the presence at the beginning of any meeting,in person or by proxy,of Owners holding at least forty percent(40%)of the total votes of the Association shall constitute a quorum. An affirmative vote of Owners holding a majority of the total votes present, either in person or by proxy,shall be required to transact business;provided,however,that no Director shall be removed unless a Majority of Owners vote affirmatively therefor. 2.3.3 Proxies. Votes may be cast in person or by proxy. Proxies shall be in writing and the signatures must be witnessed or acknowledged. Proxies must be filed with the Secretary before the appointed time of each meeting. A proxy is void if it is not dated or purports to be revocable without notice. Notice of revocation is valid only if actually given to person presiding over a meeting of the Association. No proxy shall be valid for a period longer than eleven(11)months after the date thereof. Williamsburg Bylaws page I of 7 #79415 16242-2 1 P9Z01!.DOC 2/05/98 2.3.4 Voting by Malt The Board may decide that voting of the Members shall be by mail with respect to any particular election of the Board or with respect to adoption of any proposed amendment to the Declaration or Bylaws,or with respect to any other matter for which approval by Owners is required by the Declaration or Bylaws,in accordance with the following procedure: (a) Incase of election of Directors by mail,the existing Directors shall advise the Secretary in writing of the names of proposed Directors sufficient to constitute a full Board and of a date at least fifty(50)days after such advice is given by which all votes are to be received. The Secretary within five(5)days after such advice is given shall give,written notice to all Owners of the number of Directors to be elected and of the names of the nominees. The notice shall state that any such Owner may nominate an additional candidate or candidates,not to exceed the number of Directors to be elected,by notice in writing to the Secretary at the specified address of the principal office of the Association,to be received on or before a specified date fifteen(15)days from the date the notice is given by the Secretary. Within five(5) days after such specified date,the Secretary shall give written notice to all Owners,stating the number of Directors to be elected,stating the names of all persons nominated by the Board and by the Members on or before said specified date,stating that each Owner may cast a vote by mail and stating the date established by the Board and by which such votes must be received by the Secretary at the address of the principal office of the Association,which shall be specified in the notice. Votes received after that date will not be effective. All persons elected as Directors pursuant to such an election by mail by receipt of the number of votes required by applicable law shall take office effective on the date specified in the notice for the receipt of such votes. (b) In the case of a vote by mail relating to any other matter,the Secretary shall give written notice to all Owners,which notice shall include a proposed written resolution setting forth a description of the proposed action,and shall state that such persons are entitled to vote by mail for or against such proposal and stating a date not less than twenty(20)days after the date such notice shall have been given on or before which all votes must be received and stating that they must be sent to the specified address of the principal office of the Association. Votes received after that date shall not be effective. Any. such proposal.shall be adopted if approved by the affirmative vote of not less than a majority of the votes entitled to be cast on such question,unless a greater or lesser voting requirement is established by the - Declaration or Bylaws for the matter in question. (c) Delivery of a vote in writing to the principal office of the Association shall be equivalent to receipt of a vote by mail at such address for the purpose of this Section 2.3.4. 2.3.5 Adjourned Meeting. If any meeting of the Owners cannot be organized because a quorum has not attended,the Owners who are present either in person or by proxy,may adjourn the meeting to a time not less than forty-eight(48)hours from the time the original meeting was called. 2.3.6 ' Order of Business. The order of business at all meetings of the Owners of Units shall be as follows: A. Roll call. B. Proof of notice of meeting or waiver of notice. C. Reading of minutes of preceding meeting. D. Reports of officers. E. Reports of committees. F. Election of Directors(annual meeting only). a Williamsburg Bylaws pSego f 7 #79415 16242-2 1P9Z01!.DOC 2/05/98 G. Unfinished business. H. New business. ARTICLE 3. MANAGEMENT OF..CONDOMINIUM 3.1. In General. With regard to initial management by the Declarant-appointed Board,the transfer of • management to the permanent Board,and the Board's authority,reference is made to.Article 15 of the Declaration. After the period of Declarant control ends,the affairs of the Association shall be governed by a Board which shall be composed of three(3)Directors,a majority of whom must be Owners of Units in the Condominium. In accordance with the Declaration,the Board may delegate to Managing Agent such of the Board's powers and duties as it deems advisable for the proper management and operation of the Condominium. 3.2. Additional Provisions Regarding Board 3.2.1 Election and Term of Office. Within thirty(30)days after the Transition Date,the Members shall elect two(2)Directors for a term of two(2)years and one(1)Director for a term of one(1)year. At each annual meeting thereafter,the Members shall elect a Director or Directors to fill vacancies occurring through expiration of terms for a term of two(2)years. 3.2.2 Removal of Directors. At any regular meeting or at any special meeting called for that purpose,any one.or more of the Directors may be removed with or without cause,by a majority of Owners,and a successor may then and-there be elected to fill the vacancy thus created. Any Director whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above,until the period of Declarant control ends,only Declarant shall have the right to remove a Director. 3.2.3 Vacancies. Vacancies on the Board caused by any reason other than the removal of a Director by a vote of the-Association shall be filled by vote of the majority of the remaining Directors,even though they may constitute less than a quorum;and each person so elected shall be a Director until a successor is elected at the next annual meeting of the Association. 3.2.4 Organization Meeting. The first meeting of a newly elected Board shall be held immediately following the annual meeting and no notice to the newly elected Directors shall be necessary in order legally to constitute such meeting,provided a majority of the whole Board shall be present. 3.2.5 Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined,from time to time,by a majority of the Directors,but at least two(2)such meetings shall be held during each fiscal year and one(1)such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Director,personally or by mail or telephone,at least three(3)days prior to the day named for such meeting. 3.2.6 Special Meetings. Special meetings of the Board may be called by the President on three (3)days'notice to each Director,given personally,or by mail,facsimile or telephone,which notice shall state the time,place(as hereinabove provided),and purpose of meeting. Special meetings of the Board shall be called by the President or Secretary in like manner and on like notice on the written request of at least two(2)Directors. 3.2.7 Waiver of Notice. Before,at or after any meeting of the Board,any Director may,in writing,waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board,no notice shall be required and any business may be transacted at such meeting. - Williamsburg Bylaws page 3 of 7 #79415 16242-2 1P9Z011.DOC 2/05/98 3.2.8 Quorum. At all meetings of the Board,a majority of directors shall constitute a quorum for the transaction of business,and the acts of a majority of the Directors present at a.meeting at which a quorum is present shall be the acts of the Board. If,at any meeting of the Board,there be less than a quorum present,the majority-ofthose present may adjourn the meeting from time to time. At any such adjourned meeting,any business which might have been.transacted at the meeting as originally called may be transacted without further notice., 3.2.9 Fidelity Bonds. The Board may require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds or insurance. The premiums on such bonds shall be paid by the Association. ARTICLE 4. OFFICERS 4.1. -Designation. The officers of the Association shall be a President,a Vice President,a Secretary and a Treasurer. 4.2. Election of Officers. The officers of the Association shall be elected annually by the Board at the organization meeting of each new Board and shall hold office at the pleasure of the Board. Any person may hold concurrently any two offices,except that the same person may not concurrently hold the offices of President and Secretary. The office of Vice President need not be filled. The Board may elect officers from among its members, or otherwise. 4.3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board,any officer may be removed,with or without cause,and his successor elected at any regular or special meeting of the Board called for such purpose. 4.4. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and the Board. He shall have all of the general powers and duties which are usually vested in the office of the president of a nonprofit association including,but not limited to,the power to -appoint committees from and among the Directors and Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. The President shall have the power to prepare,execute,certify and record amendments to the Declaration on behalf of the Association. 4.5. Vice President. The Vice President shall have all the powers and authority and perform all of the functions and duties of the President in the absence of the President or his inability for any reason to exercise such powers and functions or perform such duties. 4.6. Secretary. The Secretary shall keep the minutes of meetings of the Board and minutes of meetings of the Association;he shall have charge of such books and papers as the Board may direct;and he shall in general perform all the duties incident to the office of Secretary. The Secretary shall compile and keep up to date a complete list of Members and their registered mailing addresses. Such list shall also show opposite each Member's name the number or other appropriate designation of the Unit owned by such Member. Such list shall be open to inspection by Members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours. 4.7. Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board. • Williamsburg Bylaws page 4 of 7 #79415 16242-2 1P9Z01!.DOC 2/05/98 ARTICLE 5. OBLIGATIONS OF OWNERS 5.1. In General. Each Owner shall always endeavor to observe and promote the purposes for which the Condominium was built and the.Association was formed,and each Owner shall comply strictly with all provisions of the Declaration. 5.2. Use of Common Elements and Limited Common Elements. Each Owner shall use the Common Elements and the Limited Common Elements in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other Owners,and in accordance with the. . rules and regulations of the Association,if any,promulgated by the Board or Association pursuant to the Declaration. 5.3. Right of Entry. 5.3.1 An Owner shall permit the Managing Agent or other person authorized by the Board the right of access to the Owner's Unit and appurtenant Limited Common Elements from time to time during reasonable hours as may be necessary for the maintenance,repair or replacement of the Common Elements upon forty-eight (48)hour advance notice,or at any time deemed necessary by the Managing Agent or Board for the making of Emergency Repairs or to prevent damage to any of the Common Elements. 5.3.2 An Owner shall permit the Managing Agent or other persons authorized by the Board,or other Owners,or their representatives,when so required,to enter such Owner's Unit for the purpose of performing installations,alterations or repairs to the mechanical or electrical services,or to the Units and Limited Common Elements of such other Owners;provided that requests for entry are made in advance and that such entry is at.a time convenient to the Owner. In case of an emergency,such right of entry shall be immediate. 5.4. Power of Attorney. Each Owner shall,upon becoming an Owner of an Unit be deemed to have irrevocably appointed the Association his attorney-in-fact to maintain,repair and improve the Common and Limited Common Elements,and to deal with the Owner's Unit upon its destruction or obsolescence and regarding insurance proceeds as is provided in the Declaration. ARTICLE 6. AMENDMENTS Amendments to these Bylaws for purposes not inconsistent with the Act or the Declaration,may be adopted by the Association by concurrence of a Majority of Owners,as defined in Section 2.3.1 above. Voting for any such amendment shall be at an annual or special meeting of the Association or by mail,all as provided in Article 2 above. Notice of such meeting shall be as required by Section 2.2 above. ARTICLE 7. MORTGAGES 7.1. Notice to Association. An Owner who mortgages his Unit shall notify the Association or the President of the Board,giving the name and address of his Mortgagee;provided,an Owner's failure to so notify the Association shall not invalidate or adversely affect an otherwise valid Mortgage. The Association shall maintain such information in a book or list entitled"Mortgagees of Units." 7.2. Notice of Unpaid Assessments. The Association shall at the request of a Mortgagee of an Unit report any unpaid assessments due from the Owner of such Unit. Williamsburg Bylaws page 5 of 7 #79415 16242-2 1P9Z011.DOC 2/05/98 ' ARTICLE 8. • EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS 8.1. Proof of Ownership. Any person on becoming an Owner of a Unit shall furnish to the Managing Agent or Board a photocopy of the recorded instrument vesting that person with an interest or ownership,which instrument shall remain in the files of the Association. A Member shall not be deemed to be in good standing nor shall he be entitled to vote at any annual or at a special meeting of Members unless this requirement is first met; provided,that a failure to meet this requirement shall not invalidate an otherwise valid transfer of an Unit. 8.2. Registration of Mailing Address. The Owners of each Unit shall have one registered mailing address to be used by the Association for mailing of monthly statements,notices,demands and all other communications;and such registered address shall be the only mailing address of a person or persons,firm, corporation,partnership,association or other legal entity or any combination thereof to be used by the Association. ' Such registered address of an Owner or Owners shall be furnished by such Owners to the Secretary within five(5) days after transfer of title;such registration shall be in written form and signed by all of the Owners of the Unit or by such persons as are authorized by law to represent the interests of the Owners thereof. If no such address is registered or if all of the Owners cannot agree,then the address of the Unit shall be the registered address until another registered address is furnished as required by this Section. Registered addresses may be changed from time to time by similar designation. ARTICLE 9. CONFLICT WITH DECLARATION,ARTICLES OR LAW These Bylaws are intended to comply with and supplement the requirements of the Washington Condominium Act(RCW ch.64.34)and the Declaration. If any of these Bylaws conflict with the provisions of the Act.the Declaration or the Articles,the provisions of the Act,the Declaration or the Articles,as applicable,shall control. ARTICLE 10. NONPROFIT ASSOCIATION This Association is not organized for profit. No member,Director,or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations thereof,and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to,or distributed to,or inure to the benefit of any members of the Board. The foregoing,however, shall neither prevent nor restrict the following: (1)reasonable compensation may be paid to any Member or Managing Agent while acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association;,and(2)any Member or Director may,from time to time,be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association. ARTICLE 11. FISCAL YEAR The Fiscal Year of the Association shall begin on January 1 and end on December 31. * * Williamsburg Bylaws page 6 of 7 #79415 16242-2 IP9Z01!.DOC 2/05/98 . • CERTIFICATE OF ADOPTION The undersigned,being the Secretary of Williamsburg Condominium Association hereby certifies that the foregoing is a true and correct copy of the Bylaws adopted by resolution of the Board of Directors of the Association on , 1998. Allen Bauman Secretary Williamsburg Bylaws page 7 of 7 #79415 16242-2 1 P9Z01 l.DOC 2/05/98 • _?%22)41)? -040 //, 77 / ,2 / , 2-2,77),T7 a-y/2 -2-7)97-TP -z/77-70174w Tv7477 n-v/ offirmi 4,2 ?or ,_„„k/-7 Q,612,74 1/47111 p -11<2.4144217 znivfy 1.07-7-71 /707r4/ yup of{_v7:421 -Arcigi-v9:00 `,,„24i-7) / 77D9r ,fit' .7/- mird rwAr 71; ""47?-rilir /44,r\ NITA • le-V e'fI P/P4 L• d7/41/1. 0 ys bid)P %. Vfl 7 When Recorded, Return to:• 441A). HILLIS CLARK MARTIN&PETERSON,P.S. Attention: Steven R. Rovig 500 Galland Building 1221 Second Avenue Seattle,WA 98101-2925 • DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR WILLIAMSBURG CONDOMINIUM Grantor: KENNYDALE VISTA,L.L.C. ❑Additional on page Grantee: WILLIAMSBURG CONDOMINIUMS ❑Additional on page Legal Description(abbreviated): Lots 1 and 2,Block 3,C.D.Hillman's Lake Washington Garden of Eden Addition to Seattle,Division No.7,Volume 16,page 18. Q Additional on: EXHIBIT A Assessor's Tax Parcel ID#: 334570-0100-02;334570-0076-02 Reference Nos.of Documents Released or Assigned: N/A NOTICE TO RECORDER'S OFFICE AT THE TIME OF RECORDING OF THIS DECLARATION INSERT IN ARTICLE 34,PAGE 36,THE CROSS-REFERENCE RECORDING DATA OF THE SURVEY MAP AND PLANS RECORDED IN CONNECTION HEREWITH. RECEWED FEB 1 1 1999 DEVELOPMENT PLANNING CITY OF R NTON TABLE OF CONTENTS Page ARTICLE 1.DEFINITIONS •1 1.1.Words Defined 1 1.2.Form of Words. 3 1.3.Statutory Definitions . 3 ARTICLE 2.SUBMISSION OF THE PROPERTY TO THE CONDOMINIUM ACT 3 2.1. Submission. 3 2.2.Name. 3 ARTICLE 3.DESCRIPTION OF LAND,BUILDING AND PARKING SPACES 3 3.1.Land 3 3.2.Buildings 3 3.3.Parking Spaces 3 ARTICLE 4.DESCRIPTION OF UNITS 3 4.1.Number of Units. 3 4.2.Unit Identification. 3 4.3.Unit Location, 3 4.4.Unit Description. 4 ARTICLE 5.COMMON ELEMENTS 4 5.1.Description. , 4 5.2.Use;Maintenance. 4 ARTICLE 6.LIMITED COMMON ELEMENTS 5 6.1.Description. 5 6.1.1.Decks. 5 6.1.2.Parking 5 6.1.3.Miscellaneous. 5 6.2.Transfer of Limited Common Elements. 5 6.2.1.Renting 5 6.2.2.Reallocation Between Units 5 6.2.3.Common to Limited Common,Etc 5 6.3.Fireplaces 6 ARTICLE 7.ACCESS 6 7.1.Access to Common Elements. 6 7.2.Access to Public Streets 6 ARTICLE 8.PERCENTAGES OF ALLOCATED INTEREST IN COMMON ELEMENTS 6 ARTICLE 9.EFFECTIVE DATE 7 ARTICLE 10.PERMI 11'ED USES;MAINTENANCE OF UNITS;CONVEYANCES 7 10.1.Residential Use. 7 Williamsburg CCRs Table of Contents—page i #7941316242-2.1P9X011DOC 2/05/98 10.2.Leases. 7 10.3.Maintenance of Units 7 10.4.Limited Common Element Maintenance 7 10.4.1.Board Decisions 7 10.4.2.Maintenance Work 8 10.4.3.Cost of-Work. 8 ._ 10.4.4. Special Charge. 8 10.5.Exterior Appearance. 8 10.6.Effect on Insurance 8 10.7..Alteration of Common Elements. 8 10.8.Hard Surface Floors 8 10.9.Signs. 8 10.10.Pets. 9 10.11.Offensive Activity. 9 10.12.Conveyances;Notice Required 9 ARTICLE 11.ENTRY FOR REPAIRS 9 ARTICLE 12.SERVICE OF PROCESS 9 ARTICLE 13.ASSOCIATION OF UNIT OWNERS 10 13.1.Form of Association. 10 13.2.Qualification for Membership. 10 13.3.Transfer of Membership. 10 , r 13.4.Voting. 10 13.5.Voting Representative. 10 13.6.Joint Owner Disputes 10 • 13.7.Pledged Votes. 10 13.8.Annual and Special Meetings. 10 13.9..Books and Records. 11 13.10.Audits. 11 13.11.Bylaws. 11 13.12.Inspection of Condominium Documents,Books,and Records. 11 ARTICLE 14.NOTICES 11 14.1.Form and Delivery of Notice 11 14.2.Eligible Mortgagees 11 ARTICLE 15.PERIOD OF DECLARANT CONTROL 12 15.1.Transition.Date. 12 15.2.Declarant's Powers Until Transition Date. 12 15.3.Transfer of Administration. . 12 15.4.Mortgagee Assumption of Declarant's Position 12 15.5.Transfer of Association Control. 12 ARTICLE 16.AUTHORITY OF THE BOARD 13 16.1.Adoption of Rules and Regulations 13 16.2.Enforcement of Declaration,Etc. 13 16.3. Goods and Services. 13 16.4.Managing Agent. 13 Williamsburg CCRs Table of Contents—page ii #79413 16242-2.1 P9X01!.DOC 2/05/98 • 16.5.Protection of Property 14 16.6.Imposition of Payments,Fees,Fines. 14 ARTICLE 17.BUDGET AND ASSESSMENT FOR COMMON EXPENSES 14 17.1.Preparation of Budget 14 17.2.Reserve Fund. 14 17.3.Working Capital Deposit. 15 17.4.Monthly Assessments for Common Expenses and Accrual of Assessments 15 17.4.1. Limited Common Element. 15 17.4.2. Selected Units Benefited 15 17.4.3. Insurance;Utilities 15 17.4.4. Judgments. 15 17.4.5. Misconduct of Owner. 15 17.4.6. Reallocation. 15 17.5.Special Assessments. 15 17.6.Notice of Assessment. 16 17.7.Payment of Assessments 16 17.8.Proceeds Belong to Association. 16 17.9.Failure to Assess 16 17.10.Certificate of Unpaid Assessments. 16 ARTICLE 18.LIEN AND COLLECTION OF ASSESSMENTS 16 • 18.1.Assessments Are a Lien;Priority 16 18.2.Lien May Be Foreclosed 17 18.3.Assessments Are Personal Obligations 17 18.4.Receiver 17 18.5.Late Charges and Interest on Delinquent Assessments. 17 18.6.Recovery of Attorneys' Fees and Costs '18 18.7.Remedies Cumulative. 18 18.8.Security Deposit. 18 ARTICLE 19.COMPLIANCE WITH DECLARATION 18 19.1.Enforcement. 18 19.2.No Waiver of Strict Performance. 18 ARTICLE 20.LIMITATION OF LIABILITY 18 20.1.Liability for Utility Failure,Etc 18 20.2.No Personal Liability 19 ARTICLE 21.INDEMNIFICATION 19 ARTICLE 22.INSURANCE 19 22.1.General Requirements. 19 22.2.Casualty Insurance 19 22.3. Comprehensive Public Liability Insurance 20 22.4.Additional Policy Provisions. 20 22.5.Fidelity Insurance. 21 22.6.Owners' Individual Insurance. 21 22.7.Insurance Proceeds. 21 22.8.Insurance to Meet Secondary Market Requirements. 21 Williamsburg CCRs Table of Contents—page iii #79413 16242-2.1 P9X01LDOC 2/05/98 • 22.9.Liability for Uninsured Amounts. 22 ARTICLE 23.DAMAGE OR DESTRUCTION: RECONSTRUCTION 22 --- -- 23.1..Determination Regarding Reconstruction. 22. 23.2.Definitions: Significant Damage;Repair;Emergency Work. 22 23.3.Initial Board Determinations. 23 . . 23.4.Notice of Significant Damage. 23 ,. 23.5.Repair of Non-Significant Damage by Board. 23 23.6.Repair of Significant Damage by Board 24 23.7.Limited Damage;Assessment Under$5,000. 24... 23.8.Major Damage;Assessment Over$5,000. 24 23.9.Decision Not to Repair;Disposition 25 ARTICLE 24.CONDEMNATION . 26 24.1.Consequences of Condemnation;Notices. 26 24.2.Proceeds 26 24.3.Complete Taking. ' 26 24.4.Partial Taking. 26 24.5.Reconstruction and Repair 27 ARTICLE 25.EASEMENTS 27 25.1.In General. 27 25.2.Encroachments. 27 25.3.Easement and Rights Reserved by Declarant. 27 25.4.Utility Easements Granted by Declarant. 28 ARTICLE 26.PROCEDURES FOR SUBDIVIDING,COMBINING OR RELOCATING BOUNDARIES BETWEEN UNITS 28 • 26.1.Submission of Proposal. 28 26.1.1.Subdivision on Combination. 28 • 26.1.2.Relocation of Boundaries. 28 •, 26.2.Approvals Required 28 26.2.1.Subdivision. 28 26.2.2.Approval Required for Combination. 28 26.3.Procedure After Approval. 28 26.3.1.Subdivision. 28 26.3.2.Relocation of Boundaries. 29 ARTICLE 27.AMENDMENTS OF DECLARATION AND SURVEY MAP AND PLANS 29 27.1.Amendments by the Association. 29 27.2.Approvals Required. 29 27.3.Challenge to Validity • 29 27.4.Special Declarant/Development Rights. 29 ARTICLE 28.ABANDONMENT OR TERMINATION OF CONDOMINIUM STATUS 30 ARTICLE 29.ASSIGNMENT BY DECLARANT 30 ARTICLE 30.PROTECTIONS FOR MORTGAGEES TO FACILITATE MORTGAGE LENDING 30 Williamsburg CCRs • Table of Contents—page iv #7941316242-2.1P9X01LDOC 2/05/98 • 30.1.Mortgagee Approvals. 30 30.2.Notice to Mortgagees 31 ARTICLE 31.CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS 31 ARTICLE 32. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 32 32.1.Special Declarant Rights 32 32.1.1.Completion of Improvements. 32 32.1.2.Sales Facilities of Declarant 32 32.1.3.Exercise of Development Rights. 32 32.1.4.Termination of Declarant Rights. 32 32.2.Development Rights. 32 32.2.1.Parking Assignment 32 32.2.2.Development in Phases. 33 ARTICLE 33.SEVERABILITY 35 ARTICLE 34.REFERENCE TO SURVEY MAP AND PLANS 36 EXHIBITS: A DESCRIPTION OF LAND B UNIT DESCRIPTION/PARKING AND STORAGE ASSIGNMENTS it Williamsburg CCRs Table of Contents—page v #7941316242-2.1P9X0J!.DOC 2/05/98 ARTICLE 1. DEFINITIONS 1.1. Words Defined. For the purposes of this Declaration and any amendments hereto,the following definitions shall apply. 1.1.1. "Affiliate of Declarant"means any person who controls,is controlled by,or is under common control with Declarant(as"control"is defined in the Condominium Act). 1.1.2. "Allocated Interests"means the undivided interest(s)in the Common Elements, Common Expense liability,and votes in the Association allocated to each Unit. 1.1.3. "Articles"means the Articles of Incorporation of the Association defined below. • 1.1.4. "Assessment"means all sums chargeable by the Association against a Unit including,without limitation: (a)regular and special Assessments for Common Expenses,charges,and fines imposed by the Association;(b)interest and late charges on any delinquent account;and(c)costs of collection,including reasonable attorneys' fees,incurred by the Association in connection with the collection of a delinquent Owner's account. 1.1.5. "Association"means Williamsburg Condominium Association,the Association of Owners described in Article 13 of this Declaration. 1.1.6. "Board"means the Board of Directors of the Association. 1.1.7. "Building"means the building or buildings containing the Units and comprising a part of the Property. 1.1.8. "Bylaws"means the Bylaws of the Association. 1.1.9. "Common Elements"means the common elements described in Article 5. 1.1.10. "Common Expenses"means expenditures made by or financial liabilities of the Association,together with any allocations to reserves. 1.1.11. "Condominium"means the real property and improvements which are the subject of this Declaration. 1.1.12. "Condominium Act"means the Washington Condominium Act,RCW 64.34 et seg.,and any amendments thereto. 1.1.13. "Declarant"means Kennydale Vista,L.L.C.,a Washington limited liability company,its heirs,representatives,successors,and assigns. 1.1.14. "Declarant Control"means the right of the Declarant or persons designated by the Declarant to appoint and remove officers and members of the Board pursuant to Article 15. 1.1.15. "Declaration"means this Declaration and Covenants,Conditions,Restrictions, and Reservations for Williamsburg Condominiums,as it may from time to time be amended. Williamsburg CCRs page 1 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 1.1.16. "Eligible Mortgagee"means any holder of a Mortgage who has filed with the secretary of the Association a written request,including its name and address and the Unit number for the Unit subject to the Mortgage held by such Mortgagee,that it be notified of any proposed action that - requires consent of a specified percentage of-Eligible Mortgagees as defined in Article 14. l.l.l7. "Limited Common Elements"means those Limited Common Elements described in Article 6. . ...1.1.18. "Managing Agent"means the person,if any,designated by the Board under.., Article 16.4. 1.1.19. "Mortgage"means a recorded mortgage or deed of trust that creates a lien against a Unit and also means a real estate contract for the sale of the Unit. 1.1.20. "Mortgagee"means the holder of an encumbrance on a Unit created by a Mortgage,or its designee(i.e.,any insurer or guarantor),where applicable,and also means the vendor of a real estate contract for the sale of a Unit. 1.1.2L "Mortgagee of the Condominium"means the holder of a Mortgage on the real property which this Declaration affects,which Mortgage was recorded prior to the recordation of the Declaration. The term"Mortgagee of the Condominium"does not include Mortgagees of the individual Units. 1.1.22. "Owner"means the Declarant or other legal owner of a Unit and shall also• mean the vendee of a real estate contract for the sale of a Unit. 1.1.23. "Person"means a natural person,corporation,partnership,association,trust, governmental subdivision or agency,or other legal entity. 1.1.24. "Property"means the land and the buildings and all improvements and . structures now or hereafter situate on the land described in EXHIBIT A. 1.1.25. "RCW"means the Revised Code of Washington. 1.1.26. "Special Declarant Rights"means individually and collectively,the rights reserved for the benefit of the Declarant to complete improvements described on the Survey Map and Plans,maintain sales and management offices,models and signs as described in Article 32,exercise Declarant Control,and use easements as described in Section 25.3. 1.1.27. "Survey Map and Plans"means the survey map and the•plans for the Condominium recorded simultaneously with the Declaration and any amendments,corrections,and addenda thereto subsequently recorded. 1.1.28. "Transition Date"is defined in Section 15.1. 1.1.29. "Unit"means a residential unit composed of a suite of rooms and other enclosed spaces in a Building. The boundaries of the Unit are the unfinished interior surfaces of its perimeter walls,floors,ceilings,windows,and doors,and all lath,furring,wallboard,plasterboard,plaster, paneling,tiles,wallpaper,paint,finished flooring and any other materials constituting any part of the Williamsburg CCRs page 2 of 36 #7941316242-2 IP9X01!.DOC 2/05/98 finished surfaces thereof,and the Unit includes the portions of the building so described and the air space so encompassed,and all interior partitions and other fixtures and improvements so contained. .1.2. Form of Words. The singular form of words shall include the plural and the plural shall include the singular. Masculine,feminine,and neuter,pronouns shall be used interchangeably.. 1.3. Statutory Definitions. Some of the terms defined above are also defined in the Condominium Act. The Definitions set forth in this Declaration are not intended to limit or contradict the Definitions in the Condominium Act. If there is an inconsistency or conflict,the definition in the Condominium Act will prevail. ARTICLE 2. SUBMISSION OF THE PROPERTY TO THE CONDOMINIUM ACT 2.1. Submission. Declarant,being the sole owner of the Property,makes this Declaration for the purpose of submitting the Property to the provisions of the Condominium Act. Declarant declares that the Property shall be held,used,conveyed,encumbered,leased,occupied,rented,and improved subject to the covenants,conditions,restrictions,reservations,and easements stated in this Declaration,all of which are in furtherance of the division of the Property into Units and Common Elements and shall be deemed to run with the land and be a burden and benefit to Declarant and all persons who own or acquire an interest in the Property or any part thereof,and their grantees,successors,heirs,executors,administrators,and assigns. 2.2. Name. The name of the Condominium is Williamsburg Condominiums. ARTICLE 3. DESCRIPTION OF LAND,BUILDING AND PARKING SPACES 3.1. Land. The land comprising the Condominium is described in ExIIIBrr A. 3.2. Buildings. The location of the Buildings in which the Units are located is shown on the Survey Map and Plans. 3.3. Parking Spaces. The parking spaces which are part of the Condominium are located as shown on the Survey Map and Plans. ARTICLE 4. DESCRIPTION OF UNITS • 4.1. Number of Units. The number of Units in the Condominium is set forth on EXHIBIT B. 4.2. Unit Identification. Each Unit is identified by an alphanumeric designation as set forth on EXHIBIT B. 4.3. Unit Location. The specific location of each Unit is shown on the Survey Map and Plans. Williamsburg CCRs page 3 of 36 #79413 16242-2 1P9X011.130C 2/05/98 4.4. Unit Description. The approximate square footage,number of bathrooms(whole or partial),number of rooms designated primarily as bedrooms,number of built-in fireplaces,and the floor level pertaining to each Unit is shown on Exuma B. ARTICLE 5; COMMON ELEMENTS 5.1. Description. The,Common Elements consist of all portions of the Condominium other than the Units,including the following: 5.1.1. The land described in EXHIBIT A,and the easements,rights and appurtenances thereto. .. 5.1.2. The windows,roofs,foundations,studding,joists,beams,supports,main walls (excluding nonbearing interior partitions of Units,if any),chimneys and all other structural parts of the Building,to the unfinished interior surfaces of the Units'perimeter walls,floors,ceilings,windows,and doors. 5.1.3. Installations of central services such as: power,light,gas,hot and cold water, heating,refrigeration,air conditioning and incinerating;pipes,conduits,and wires;elevator shafts,tanks, pumps,motors,fans,compressors,ducts;and in general all apparatus and installations existing for common use;but excluding plumbing,electrical and similar fixtures,which fixtures are located within a Unit for the exclusive use of that Unit. 5.1.4. The grounds,trees,landscaped areas,exterior fixtures,walkways,driveways and irrigation systems.• . - 5.1.5. Driving areas,guest parking and any other parking or related areas which are =. not made Limited Common Elements appurtenant to Units pursuant to Article 6. 5.1.6. Lobbies,halls,corridors,stairways,entrances and storage areas,if any,which are not made Limited Common Elements appurtenant to Units pursuant to Article 6. 5.1.7.- All other parts of the Property necessary or convenient to the existence, maintenance and safety of the Condominiums,or normally in common use,unless made a Limited Common Element appurtenant to a Unit pursuant to Article 6. 5.1.8. Certain items which could ordinarily be considered Common Elements such as, but not limited to,screen doors,window screens,awnings,storm windows,planter boxes and the like,may be designated as items to be furnished and maintained by Unit Owners at'their individual expense according to standards and requirements set by the Board by rule,regulation or the Bylaws. 5.2. Use; Maintenance. Each Owner shall have the right to use the Common Elements (except the Limited Common Elements reserved for other Units)in common with all other owners. The right to use the Common Elements shall extend not only to each Owner,but also to his or her agents, servants,tenants,family members,invitees,and licensees. The right to use the Common Elements, including the Limited Common Elements,shall be governed by the provisions of the Condominium Act, this Declaration,the Bylaws,and the rules and regulations of the Association. The Owners shall not by act or omission seek to abandon,partition,subdivide,encumber,sell,or transfer the Common Elements and no Williamsburg CCRs page 4 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • other person shall have the right to have them partitioned or divided. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the _. ....__ _..O.wners and occupants shall not be deemed a partition or division...A subdivision of a Limited Common. _ ..- Area as an incident-of an authorized subdivision of a Unit pursuant to Article 26 will not-be deemed a_ - - - - violation of this provision: The.Association will be responsible for the operation,maintenance,repair.:and ._. ._ ,.... = —replacement of the Common Elements(except to the extent stated to the contrary in Section 10.3). ARTICLE 6. LIMITED COMMON ELEMENTS 6.1. Description. The Limited Common Elements are Common Elements that are reserved for the exclusive use of the Unit or Units to which they are adjacent or allocated. They consist of those specified in the Condominium Act,as well as the following: 6.1.1. Decks. The deck or patio accessible from any Unit as shown on the Survey Map and Plans. The boundaries of such areas are defined as the interior surfaces of the walls,floor, ceiling,windows,ground,railings,curb or fence enclosing such areas. If no such enclosure exists,the boundaries shall be as depicted on the Survey Map and Plans;but if no such boundaries are so delineated, then the perimeter edge of any patio or deck as actually constructed by Declarant.- 6.1.2. Parking. The parking space(if any),and any associated driving areas(if any), which may be allocated to a Unit by this Declaration or amendments thereto and which prior to such allocation shall be more particularly shown on the Survey Map and Plans,the boundaries of said parking • stall being defined by the interior surfaces of the walls,floor,curb and/or striping enclosing said parking space. 6.1.3. Miscellaneous. Such other Limited Common Elements,if any,as may be described in ExHiBIT A attached hereto or depicted and labeled on the Survey Map and Plans. - 6.2. Transfer of Limited Common Elements. 6.2.1. Renting. After Declarant's initial allocation,a Unit Owner may rent or lease the parking space and/or storage areas allocated to that Unit to any other Unit Owner;provided,that the rental or lease term shall automatically expire on the date the lessor/Unit Owner disposes of its interest in the Unit (whether such disposition is by deed,contract,foreclosure or otherwise);and provided further,that the Board shall be notified in writing of the existence of any such rental or lease arrangement. 6.2.2. Reallocation Between Units. Except in the case of a reallocation being made by Declarant pursuant to a Development Right reserved in this Declaration,a Limited Common Element may only be reallocated between Units with the approval of the Board and by an amendment to the Declaration executed by the Owners of,and approved in writing by the Mortgagees holding Mortgages against,the Units to which the Limited Common Element was and will be allocated. The Board shall approve the request of the Owner or Owners under this Section within thirty(30.)days unless the proposed reallocation does not comply with the Act or the Declaration. The failure of the Board to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the Condominium. 6.2.3. Common to Limited Common,Etc. Owners of Units to which at least sixty- seven percent(67%)of the votes are allocated,including the Owner of the Unit to which the Limited • Williamsburg CCRs • page 5 of 36 #79413 16242-2 I P9X0I LDOC 2/05/98 .1 , • Common Element will be assigned or incorporated,must agree to reallocate a Common Element as a Limited Common Element or to incorporate a.Common Element or a Limited Common Element into an existing Unit. Such reallocation or incorporation shall be reflected in an amendment to the Declaration, Survey Map,or Plans. Provided,however,this Section shall not apply with respect to any such • - reallocation or incorporation made as a result of any Development Right reserved by Declarant. 6.3. Fireplaces. If fireplaces are now or hereafter installed in individual Units,then the following provisions shall apply: (a) If a fireplace to be used by a particular Unit is shown on the Survey Map and Plans as being inside the perimeter wall constituting boundaries of the Unit,then the fireplace shall be a part of the Unit and not a Limited Common Element. If such fireplace is shown on the Survey Map and Plans as being outside of such boundaries,then the fireplace shall be a Limited Common Element of such Unit: (b) Equipment and apparatus associated with the use of a fireplace are also a Limited Common Element for the Unit in which the fireplace is located;provided,if the equipment and apparatus are utilized in common by two or more Units,then such equipment and apparatus are Limited Common Elements for the Units for which they are being utilized. (c) Maintenance,repair and replacement of equipment and apparatus associated with the use of a fireplace shall be governed by the provisions of Section 10.3 of this Declaration. (d) All use of the fireplaces will be in accordance with the rules which the Board may from time to time adopt. ARTICLE 7. ACCESS 7.1. Access to Common Elements. Each Unit has access to Common Element stairways, lobbies,walks,parking areas and driveways. 7.2. Access to Public Streets. The Common Elements have direct access to a public street as set forth on EXHIBIT A. Each Unit has an unrestricted right of ingress to and egress from such Unit,which right is perpetual and appurtenant to such Unit. ARTICLE 8. PERCENTAGES OF ALLOCATED INTEREST IN COMMON ELEMENTS The percentages of Allocated Interests of each Unit are set forth in EXHIBIT B attached hereto. Allocated Interests in Common Elements are allocated to each of the Units calculated as the percentage that each Unit's square footage is of the total square footage of all the Units,as set forth on ExHisrr B. Williamsburg CCRs page 6 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 , • • ARTICLE 9. --EFFECTIVE DATE This Declaration shall take effect upon recording. ARTICLE 10. PERMITTED USES;MAINTENANCE OF UNITS; CONVEYANCES 10.1. Residential Use. The Building and the Units are intended for and restricted to use as single-family residences only,on an ownership,rental,or lease basis,and for social,recreational,or other reasonable activities normally incident to such use,and for the purposes of operating the Association and managing the Condominium if required. Units may not be used for time-share purposes or sold or leased on a time-share basis. Home occupations are permissible only to the extent allowed by applicable Renton ordinances;provided, however,that in no event may signs be displayed in connection with any such home occupation. 10.2. Leases. No lease or rental of a Unit maybe of less than the entire Unit nor for a term of less than ( )months. Any lease or rental agreement must provide that its tenants.shall be subject in all respects to the provisions of this Declaration and the Bylaws and rules and regulations of the Association and that any failure by the tenant to comply with the terms of such documents shall be a default under the lease or rental agreement. All leases and rental agreements shall be in writing and shall be delivered to the Association before the tenancy commences. Other than as stated in this Section 10.2 and Section 10.1,there is no restriction on the right of any Owner to lease or otherwise rent his or her Unit. 10.3. Maintenance of Units. Each Owner shall,at the Owner's sole expense,keep the interior of his or her Unit and its equipment,appliances,and appurtenances in a clean and sanitary condition,free • of rodents and pests,and in good order,condition,and repair and shall do all redecorating and painting at -any time necessary to maintain the good appearance and condition of the Unit. Each Owner shall be responsible for the maintenance,repair,or replacement of any plumbing fixtures,water heaters,fans, heating or cooling equipment,electrical fixtures,or appliances which are in the Unit or portions thereof that serve that Unit only,and shall replace any glass in the windows and in the exterior doors of the Unit that becomes cracked or broken. Each Owner may make any improvements or alterations to his or her Unit that do not affect the structural integrity,mechanical or electrical systems,or lessen the support,of any portion of the Condominium. 10.4. Limited Common Element Maintenance. Each Owner will be responsible for care, maintenance,cleanliness,and orderliness of the Limited Common Elements that are adjacent or allocated to the Unit,except that sweeping and maintenance of the parking areas shall be the responsibility of the Association. Owners may not,however,modify,paint,or otherwise decorate,or in any way alter their respective Limited Common Elements without the prior written approval of the Board. The use,condition and appearance of Limited Common Elements may be regulated under provisions of the Bylaws, Association rules,or this Declaration including the following: 10.4.1. Board Decisions. Decisions with respect to the standard of appearance and condition of Limited Common Elements,and with respect to the necessity for,and manner of,caring for, maintaining,repairing,repainting or redecorating Limited Common Elements("Maintenance Work" herein),shall be made by the Board. Williamsburg CCRs page 7 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 10.4.2. Maintenance Work Performance of the Maintenance Work shall be carried out by the Board on behalf of the Owner or Owners of Units to which the Limited Common element in - question is assigned or reserved;provided,that by written notice,the Board may permit such Owner or Owners to perform theMaintenance Work themselves. .. = =" `10.4.3. 'Cost of Work. Unit Owners will be responsible for the cost of the Maintenance Work for the Limited Common Elements reserved for or assigned to their Units. With respect to a Limited Common Element reserved for or assigned to more than one Unit for the mutual and joint use thereof,the cost of Maintenance Work for such Limited Common Element shall be divided in equal shares among the Units for which such Limited Common Element is reserved. . ... 10.4.4. Special Charge. With respect to any Maintenance Work performed by the Board,the cost thereof shall be levied as a special charge against the Unit or Units(and the Owner or Owners thereon to which such Limited Common Element is assigned or reserved. 10.5. Exterior Appearance. In order to preserve a uniform exterior appearance for the Building,the Board shall provide for the maintenance and repair of the exterior surfaces.. No Owner may modify or decorate.the Common Elements,the exterior of the Building,or screens,doors,awnings,or other portions of any Unit visible from outside the Unit(including decks appurtenant thereto)without the prior written consent of the Board,and such modification or decoration shall be in accordance with the rules or regulations of the Board. Without limiting the foregoing,the color of window coverings visible from the exterior of the Building shall be as originally installed by the Declarant unless otherwise permitted or required by a rule duly adopted by the Board. No exterior radio,television or satellite reception antennas or dish may be installed without the prior written consent of the Board. Furniture and other items . used,stored or placed on decks and sunscreens or sunshades on the exterior of the Building shall be of a quality and type designated in the rules and regulations of the Board,and activities on private decks may be subject to reasonable rules and regulations adopted by the Board. Outdoor barbecues are to be used by a Unit Owner only in such a manner so as not to cause excessive smoke,odor or other nuisance to any other Units. 10.6. Effect on Insurance. Nothing shall be done or kept in any Unit or Common Element that will increase the rate of insurance on the Property withoutthe prior written consent of the Board. Nothing shall be done or.kept in any Unit or Common Element that will result in the cancellation of insurance on any part of the Property,or would be in violation of any applicable laws or regulations. 10.7. Alteration of Common Elements. Nothing shall be altered or constructed in or removed from any Common Element except with the prior written consent of the Board. 10.8. Hard Surface Floors. With the exception of tile,stone,wood or other hard surface flooring installed by Declarant,an Owner shall not install any hard surface flooring without the permission of the Board,which approval shall not be unreasonably withheld. The Board may,however,condition its approval on the installation of a carpet runner covering the normal traffic area of such flooring to reduce noise transmission between floors in accordance with plans and specifications to be submitted by the Owner seeking to install the hard surface flooring. 10.9. Signs. No sign of any kind shall be displayed to the public view on or from any Unit or Common Element;provided,that the Board shall,by appropriate rule,permit temporary placement of a sign,at a place designated by the Board,indicating that Unit is for sale or lease. This section shall not apply to Declarant. Williamsburg CCRs page 8 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 10.10. Pets. No animals,birds,reptiles,or living creatures of any kind("Pet")shall be kept in any Unit or in the Common Elements except that no more than two small household Pets may be kept in any Unit and its Limited Common Elements subject.at.all times to and in compliance with rules and ---regulations adopted by the Board;or Bylaws adopted by the Association. The Board may at any time ' require the removal of-any Pet that it concludes is:disturbing other Owners through noise or other behavior. and may exercise this authority for specific Pets even though other Pets are permitted to remain. •. 10.11. Offensive Activity. No noxious or offensive activity shall be carried on in any Unit or Common Elements,nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners or which would be-in violation of any laws. 10.12. Conveyances;Notice Required. The right of an owner to sell,transfer,mortgage or otherwise convey his or her Unit shall not be subject to any right of approval,disapproval,first refusal,or similar restriction by the Association or the Board,or anyone acting on their behalf. An Owner intending - to sell a Unit,at least four(4)weeks before closing and prior to or simultaneously with any request by such Owner for preparation of a resale certificate with respect to such Unit pursuant to the Condominium Act, shall deliver a written notice to the Board specifying the unit being sold,the name and addresses of the purchaser,whether the purchaser will occupy the Unit as his or her primary residence,closing agent,title insurance company insuring the purchaser's interest,and the estimated closing date,and shall comply in all respects with the provisions of the Condominium Act pertaining to the resale of Units. The Board shall have the right to notify the purchaser,title insurance company,and closing agent of the amount of the unpaid Assessments and charges outstanding against the Unit,whether or not such information is. requested. . ARTICLE 11. ENTRY FOR REPAIRS • = The Association and its agents_or employees may enter any Unit and the Limited Common Elements adjacent or allocated thereto to effect repairs,improvements,replacements,or maintenance deemed by the Board to be necessary in the performance of its duties,to do necessary work that the Unit Owner has failed to perform,or to prevent damage to the Common Elements or to another Unit. Such entry shall be made with as little inconvenience to the owners and occupants as practicable. Any damage caused by such entry shall be repaired by the Association as a Common Expense unless the repairs or maintenance were necessitated by the acts or default of the Owner or occupant of the Unit entered,in which event the costs of the repairs or maintenance shall be specially assessed to that Unit. ARTICLE 12. SERVICE OF PROCESS Service of process for the purposes provided in the Condominium Act shall be made upon the registered agent of the Association as initially set forth in the Articles of Incorporation for the Association and as thereafter set forth in the records of the Washington Secretary of State. • Williamsburg CCRs page 9 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 ARTICLE 13. ASSOCIATION OF UNIT OWNERS 13.1. Form of Association. No later than the date the first Unit in the Condominium is conveyed,Williamsburg Condominiums Association shall be organized as a nonprofit organization under the laws of the State of Washington;provided that,from and after the formation of the Association,the rights and duties of the members and of the Association shall continue to be governed by the provisions of the Condominium Act and of this Declaration. 13.2. Qualification for Membership. Each Owner(including Declarant)shall be a member. of the Association. Declarant shall be considered an`Owner"as that term is used herein,and shall be a member of the Association and the voting representative with respect to any Unit owned by Declarant. 13.3. Transfer of Membership. The Association membership of each Owner(including Declarant)shall be appurtenant to the Unit giving rise to such membership and shall not be transferred in • any way except upon the transfer of the Owner's interest in the Unit and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of an Owner's interest in a Unit shall operate automatically to transfer the membership in the Association to the new Owner. 13.4. Voting. Each Owner shall have one vote for each Unit owned. An Owner(including Declarant)of more than one Unit shall have the votes appertaining to all Units owned. No vote allocated to a Unit owned by the Association may be cast,and in determining the percentage of votes required to act • on any matter,the votes allocated to the Association shall be disregarded. 13.5. Voting Representative. An Owner may,by written notice to the Board,designate a voting representative for his or her Unit. The voting representative need not be an Owner.The designation • may be revoked at any time by written notice to the Board from the Owner of the Unit or by actual notice to the Board of the death or judicially declared incompetence of the Owner of the Unit. This power of designation and revocation may be exercised by the guardian of an Owner,the attorney-in-fact for the Owner under a durable power of attorney,and the administrators or executors of an Owner's estate. If no designation has been made among multiple Owners of a Unit,or if a designation has been revoked and no new designation has been made,all votes allocated to each Unit may be cast by the one of multiple Owners present at the meeting,or if more than one of multiple Owners are present,according to the Agreement of a majority in interest of such Owners in the Unit. 13.6. Joint Owner Disputes. The voting interest of each Unit must be cast as a single vote. Fractional votes shall not be allowed. If joint Owners are unable to agree how their vote shall be cast,they shall lose their right to vote on the matter in question. 13.7. Pledged Votes. If an Owner is in default under a Mortgage on his or her Unit for sixty (60)consecutive days or more,the Mortgagee shall automatically be authorized to declare at any time thereafter that the Owner has pledged his or her vote on all issues to the Mortgagee during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee,and if the pledge is then effective,only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. 13.8. Annual and Special Meetings. There shall be an annual meeting of the members of the Association in the first quarter of each year at such reasonable place and time as may be designated by no less than ten(10)or more than sixty(60)days' written notice from the Board. Special meetings of the Association may be called at any time by the president,a majority of the Board,or Owners having twenty Williamsburg CCRs page 10 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 percent(20%)or more of the votes in the Association,for the purpose of considering matters which require the approval of all or some of the Owners,or for any other reasonable purpose. 13.9. Books and Records. The Board shall cause to be kept complete,detailed,and accurate • books and records of the receipts and expenditures of the-Association,and,at least annually,:shall prepare, . - .-_ or cause to beprepared,a financial statement of the Association in aform that complies with generally � P g Y` accepted accounting principals: - - 13.10. Audits. At the annual meeting,there shall be presented an audited fmancial statement of . .- = the Association,prepared by a certified or licensed public accountant who is not a member of the Board-or - ._ -- - an Owner unless such audit is waived by Owners with sixty percent(60%)of the votes,excluding votes held by the Declarant. An Owner,at his or her expense,may at any reasonable time conduct an audit of the books of the Association. 13.11. Bylaws. Bylaws(and amendments thereto)for the administration of the Association and the Property,and for other purposes not inconsistent with the Act or with the intent of this Declaration, shall be adopted by the Association upon concurrence of fifty-one percent(51%)or more of the total voting power of the Association. Amendments to the Bylaws may be adopted at any regular or special meeting. Declarant may adopt initial Bylaws. The Bylaws may contain supplementary,not inconsistent, provisions regarding the operation and administration of the Condominium. 13.12. Inspection of Condominium Documents,Books,and Records. During normal business hours and at other reasonable times this Declaration,the Survey Map and Plans,the Articles,the Bylaws,and other rules governing the operation of the Condominium(collectively,the"Condominium . Documents")shall be available for inspection free of charge by the Owners,Mortgagees,prospective purchasers and their prospective Mortgagees,and the agents or attorneys of any of them and,in addition,at such times the books and records,fmancial statements,authorizations for payment of expenditures,and all contracts,documents,papers,and other records of the Association shall be available for inspection by the Owners,Mortgagees,and the agents or attorneys of either of them. - ARTICLE 14. NOTICES 14.1. Form and Delivery of Notice. All notices given under the provisions of this Declaration or the Bylaws or rules or regulations of the Association shall be in writing and may be delivered either personally or by mail. If delivery is made by mail,the notice shall be deemed to have been delivered three (3)days after it has been deposited in the United States mail,first class,postage prepaid,addressed to the person entitled to such notice at the most recent address known to the Board. Notice to the Owner of any Unit shall be sufficient if mailed to the Unit if no other mailing address has been given to the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to the Board shall be given to the president or secretary of the Association. . 14.2. Eligible Mortgagees. Until such time as any Eligible Mortgagee withdraws its request for notice or satisfies the Mortgage held,guaranteed or insured by such Eligible Mortgagee of record,the Board shall send to the Eligible Mortgagee a copy of all notices of any proposed actions which require the consent of a specified percentage of Eligible Mortgagees. Williamsburg CCRs page 11 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 ARTICLE 15. PERIOD OF DECLARANT CONTROL 15.1. Transition Date. The"Transition Date"shall mean the date after which Declarant may. no longer exercise Declarant Control(as:defined in`Section15.2),which shall be the-earlier of(1)sixty_ (60)days after conveyance of seventy-five percent(75%)of the Units to Owners other than Declarant;(2) two(2)years after the last conveyance or transfer of record of a Unit except as security for a debt;(3)the date on which Declarant records an amendment to the Declaration pursuant to which the Declarant voluntarily surrenders Declarant Control. Declarant may voluntarily surrender Declarant Control before the Transition Date,but require that until the Transition Date,specified actions of the Association or the Board,as described in a recorded instrument executed by Declarant,be approved by Declarant before they shall become effective. 15.2. Declarant's Powers Until Transition Date. Until the Transition Date,Declarant shall ' have the full power and authority to appoint and remove the Board and the officers of the Association ("Declarant Control")subject to the limitations set forth in this Section 15.2. Not later than sixty(60)days after conveyance of twenty-five percent(25%)of the Units to Owners other than Declarant,at least one(1) member of the Board and not less than twenty-five percent(25%)of the members of the Board must be elected by Owners other than Declarant.Not later than sixty(60)days after conveyance of fifty percent (50%)of the Units to Owners other than Declarant,not less than thirty-three and one-third percent (33 1/3%)of the members of the Board must be elected by Owners other than Declarant. 15.3. Transfer of Administration. Within thirty(30)days after the Transition Date the Owners shall elect a Board of not fewer than three(3)directors. Board members need not be Owners. The Board or the Managing Agent shall call a meeting of the Association to be held within thirty(30)days after the Transition Date for the purpose of electing the new Board. The new Board shall elect the officers of the Association and such members of the Board and officers shall take office upon election. 15.4. Mortgagee Assumption of Declarant's Position. In the event that the Mortgagee of the Condominium becomes bound by this Declaration by granting one or more partial releases or otherwise, and forecloses its mortgage or acquires a deed in lieu of foreclosure,and obtains possessory rights,legal title or certificates of sale to an unsold Unit or Units and appurtenant Common Elements covered by the respective deed of trust or mortgage liens,then the Mortgagee of the Condominium or other transferee may succeed to and assume to the exclusion of Declarant,the rights and obligations of Declarant set forth in this Declaration including any Special Declarant Rights unless such transferee requires that such Special Declarant Rights not be transferred and such rights not being transferred are described in the instrument conveying title;and provided that the Transition Date shall be deemed to have passed unless the judgment or instrument transferring title provides for transfer of all Special Declarant Rights to such transferee. 15.5. Transfer of Association Control. Within sixty(60)days after the Transition Date, Declarant shall deliver to the Association all property of the Owners and the Association held or controlled by Declarant including,but not limited to,the original or a photocopy of this Declaration and each amendment hereto;the certificate of incorporation and a copy or duplicate original of the Articles of the Association as filed with the Washington Secretary of State;the Bylaws and minute books,including all minutes and other books and records of the Association;any rules and regulations that have been adopted; any resignations of officers and members of the Board who are required to resign because Declarant is required to relinquish control of the Association;all financial records,including canceled checks,bank statements and financial statements of the Association and source documents from the time of incorporation of the Association through the date of transfer of control to the Owners;all Association funds (including the working capital fund described in Section 17.1)or the control thereof;all tangible personal Williamsburg CCRs page 12 of 36 #79413 16242-2 1 P9X011.DOC 2/05/98 . J property of the Association represented by Declarant to be the property of the Association or ostensibly the. property of the Association and an inventory of such property;a copy of Declarant's plans and _ specifications utilized in the construction or remodeling of the Condominium and a.certificate of the .. = -Declarant or a licensed architect or engineer that the plans and specifications represent,to the best of their knowledge and belief;the actual plans and specifications used by the Declarant in the construction or. _. remodeling of the-Condominium(except for alterations to a Unit made by an owner other than Declarant),-- - insurance policies or copies thereof for the Condominium and the Association,copies of any certificates of .. occupancy that may have been issued to the Condominium,any other permits issued by governmental bodies applicable to the Condominium,all written warranties still in effect for the Common Elements or. _ any areas or facilities which the Association has the responsibility to maintain and repair and all documents• - • - related thereto,a roster of Owners and Eligible Mortgagees and their addresses and telephone numbers,and any leases or contracts to which the Association is a party. Upon the transfer of control to the Owners,the records of the Association shall be audited as of the date of transfer by an independent certified public accountant in accordance with generally accepted accounting principles,unless the Owners other than -. Declarant by two-thirds(2/3)vote elect to waive the audit. ARTICLE 16. AUTHORITY OF THE BOARD 16.1. Adoption of Rules and Regulations. The Board is empowered to adopt,amend,and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to ensure compliance with the general guidelines of this Declaration and to promote the comfortable use and enjoyment of the Condominium. The Declaration and the Bylaws and the rules and regulations of the Association shall be binding upon all owners and occupants and all other persons claiming any interest in the Condominium. 16.2. Enforcement of Declaration,Etc. The Board shall have the power and the duty to enforce the provisions of this Declaration,the Articles,the Bylaws;and the rules and regulations of the Association,as the same may be lawfully amended from time to time,for the benefit of the Association. 16.3. Goods and Services. The Board shall acquire and pay for as Common Expenses of the Condominium all goods and services reasonably necessary or convenient for the efficient and orderly functioning of the Condominium. The goods and services shall include(by way of illustration and not limitation)utility services for the Common Elements;policies of insurance and fidelity bonds(including directors and officers liability insurance);legal and accounting services;maintenance,repair,landscaping, general upkeep of the Common and Limited Common Elements;and all supplies and materials desirable for the operation of the Condominium and enjoyment of it by the Owners. The Board may hire such full- time or part-time employees as it considers necessary. 16.4. Managing Agent. The Board may,but shall not be required to,contract with an experienced professional Managing Agent to assist the Board in the management and operation of the Condominium and may delegate such of its powers and duties to the Managing Agent as it deems to be appropriate,except as limited herein. If a Managing Agent is employed by the Board,the prior written approval of at least fifty-one percent(51%)of all Eligible Mortgagees shall be required before the Board may terminate professional management and assume self management.The Managing Agent shall not enter any Unit without the consent of the occupant unless entry has been directed by the Board. Only the Board can approve an annual budget or a supplemental budget,and only the Board can impose a special Assessment on a Unit or authorize foreclosure of an Assessment lien. Any contract with a Managing Agent,or any other contract providing for management or operational services,shall have a term no longer Williamsburg CCRs page 13 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • than one(1)year(but may be renewable by agreement of the parties for successive one(1)year period(s)) and shall be terminable by the Board without payment of a termination fee,with or without cause,on thirty (30)days'written notice. .. _ 16.5. -Protection of Property. -The-Board may-spend such funds and take such action as it - may from time to time deem necessary to preserve the-Property,settle claims,or otherwise actin what it - considers to be the best interests of the Condominium or the Association. - 16.6. Imposition of Payments,Fees,Fines. The Board may impose and collect charges for late payment-of-Assessments described-in Article 18 and,after notice and opportunity to be heard by the - Board or by such representative designated by the Board and in accordance with procedures provided by the Bylaws or rules and regulations adopted by the Board and furnished to the Owners,for violations of the Declaration,Bylaws,or rules and regulations of the Association. The Board may impose and collect reasonable charges for the preparation and recording of amendments to the Declaration,resale certificates and statements of unpaid Assessments,and may assign its right to future income,including the right to receive Common Expense Assessments. The Board may impose and collect any payments,fees or charges for the use,rental or operation of the Common Elements other than services provided to Owners. Upon ninety(90)days' notice,the Board may terminate without penalty any management,contract,employment contract or lease of parking areas or facilities or any other contract or lease between the Association and Declarant or an affiliate of Declarant,or any contract or lease that is not bona fide or was unconscionable to the Owners at the time entered into under the circumstances then prevailing,if such contract or lease was entered into before the Board elected by the Owners pursuant to Article 15 took office. ARTICLE 17. BUDGET AND ASSESSMENT FOR COMMON EXPENSES 17.1. Preparation of Budget. At least thirty(30)days prior to the beginning of each calendar year the Board shall estimate the charges(including Common Expenses,and any special charges for particular Units)to be paid during such year and prepare a budget for creating,funding and maintaining reasonable repair,replacement and acquisition of Common Elements,taking into account any expected income and any surplus available from the prior year's operating fund(which surplus may be applied by the Association to current operating expenses as referenced in the budget). Within thirty(30)days after adoption of any proposed budget for the Condominium,the Board shall provide a summary thereof to all Owners and set a date which is not less than fourteen(14)nor more than sixty(60)days after mailing of the summary for a meeting of the Owners to consider ratification of the budget. The budget shall be ratified unless at such meeting Owners to which a majority of votes in the Association are allocated reject the budget,whether or not a quorum is present. 17.2. Reserve Fund. Without limiting the generality of Section 17.1 but in furtherance thereof,the Board shall create and maintain from regular monthly Assessments a reserve fund for periodic maintenance and repair of Common Elements and for replacement of those Common Elements which can reasonably be expected to require replacement prior to the end of the useful life of the Building. 17.2.1. The Board shall calculate the contributions to said reserve fund so that there are sufficient funds therein to replace each Common Element covered by the fund at the end of the estimated useful life of each such Common Element or such portion thereof as may actually require replacement or renewal. If the sum estimated and budgeted at any time proves inadequate for any reason(including nonpayment of any Owner's Assessment),the Board may at any time levy a further Assessment,which shall be assessed to the Owners in like proportions. Williamsburg CCRs page 14 of 36 #79413 16242-2 1 P9X011.DOC 2/05/98 • 17.2.2. The Association shall maintain separate accounts for current operations and reserves. Any action affecting reserve funds,including the issuance of checks,shall require the signature ; of at least two(2)persons who are officers and directors of the Association. -•. 17.3. Working Capital Deposit -The first buyer of an .Uni at closingthereof,shall payto .. ... �.. . . _. g P� P Y Y t, - the Association,in addition to other amounts due,an amount-equal to twice the monthly regular Assessment as a deposit to the Association's working capital. Such working capital deposits shall not be - used to defray Declarant's expenses in completing the construction of the Condominium,to pay - --- Declarant's reserve contributions or to make up any deficits in the budget of the Association. Upon . . .._ transfer of control of the Condominium to the Association,Declarant shall pay to the Association as a working capital deposit an amount equal to twice the monthly Assessment for each of the Units then owned by Declarant. When a Unit owned by Declarant is sold,Declarant may apply funds collected at closing to reimburse itself for funds paid to the Association for such deposit with respect to that Unit. 17:4. Monthly Assessments for Common Expenses and Accrual of Assessments. The sums required by the Association for Common Expenses as reflected by the budget and any supplemental budgets shall be divided into equal installments to be paid each month over the period of time covered by the budget,or supplemental budget. The monthly installments shall be assessed to all of the Units and their • respective Owners in proportion to the Units'Allocated Interests as set forth on EXHIBIT B. - Notwithstanding the foregoing,certain Common Expenses may be assessed as follows: 17.4.1. Limited Common Element. Any Common Expense associated with the operation,maintenance,repair,or replacement of a Limited Common Element shall be paid by the Owner of or assessed against the Units to which that Limited Common Element is assigned,equally. 17.4.2. Selected Units Benefited The Board may elect that any Common Expense or portion thereof benefiting fewer than all of the Units must be assessed exclusively against the Units benefited. 17.4.3. Insurance; Utilities. The Board may elect that the costs of insurance must be - - - assessed in proportion to risk. The Board may elect that the costs of utilities shall be assessed in proportion to usage. 17.4.4. Judgments. Assessments to pay a judgment against the Association pursuant to RCW 64.34.368(1)may be made only against the Units in the Condominium at the time the judgment was entered in proportion to.their Allocated Interests at the time the judgment was entered. 17.4.5. Misconduct of Owner. To the extent that any Common Expense is caused by the misconduct of any Unit Owner,the Association shall assess that expense against the Owner's Unit. 17.4.6. Reallocation. If the Allocated Interests hereunder are reallocated,Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Allocated Interests. ' 17.5. Special Assessments. If a special Assessment becomes chargeable against a Unit under the authority of this Declaration or the Bylaws,the Board shall determine the amount of such special Assessment and fix the month or months in which it is to be paid. The special Assessment shall be added to the Unit's monthly installment of Common Expenses and be included in the Assessment against the Unit. Williamsburg CCRs page 15 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 - 17.6. Notice of Assessment. The Board shall notify each Owner in writing of the amount of the monthly Assessments to be paid for such Owner's Unit and shall furnish copies of each budget on . which the Assessments are based to all Owners and,if so requested,to their respective Mortgagees., -. 17.7... Payment of Assessments. On or before the first day of each calendar month each Owner shall pay or cause to be paid to the treasurer of the Association the Assessment against the Unit for - - •that month.,Any Assessment not paid by-the fifth day of the calendar month for which it is due shallbe - .... . . .._— delinquent and subject to late charges,interest charges and collection procedures as provided in Article 18. _ 17.8r - Proceeds Belong to Association: All Assessments and other receipts received by the : - Association on behalf of the Condominium shall belong to the Association. No funds of the Association shall be commingled with the funds of any other Association or with the funds of the Managing Agent or any other person responsible for the custody of such funds. 17.9. Failure to Assess. Any failure by the Board or the Association to make the budget and Assessments hereunder before the expiration of any budget period for the ensuing period shall not be deemed a waiver or modification in any respect of the provisions of this Declaration,or a release of the Owners from the obligation to pay Assessments during that or any subsequent time period,and the monthly Assessments and amounts previously established shall continue until a new Assessment is established. 17.10. Certificate of Unpaid Assessments. Upon the request of any Owner,Mortgagee, prospective purchaser,or prospective Mortgagee of a Unit,the Board shall furnish within fifteen(15)days after request therefore a certificate in recordable form stating the amount,if any,of unpaid Assessments charged to the Unit. The certificate shall be binding upon the Board,the Association and every Owner as to the amount of such indebtedness on the date of the certificate unless and to the extent known by the recipient to be false. • -. ARTICLE.18. . - LIEN AND COLLECTION OF ASSESSMENTS - - 18.1. Assessments Are a Lien;Priority. All unpaid sums assessed by the Association for the share of the Common Expenses chargeable to any Unit and any sums specially assessed to any Unit under the authority of this Declaration or the Bylaws,(together with interest,fines,late charges,costs,and attorneys' fees in the event of delinquency)shall constitute a continuing lien on the Unit and all its appurtenances from the time the Assessment is due. The lien for such unpaid Assessments shall be prior to all other liens and encumbrances except(a)liens and encumbrances recorded before the recording of the Declaration,(b)a Mortgage on the Unit recorded before the date on which the Assessment is sought to be enforced became delinquent,and(c)liens for real property taxes and other governmental Assessments or charges against the Unit. Except asprovided above(and subject to the provisions of Section 18.2 below),a Mortgagee that obtains the right of possession of a Unit through a foreclosure or deed of trust sale,or by taking a deed in lieu of foreclosure or sale,or a purchaser at a foreclosure sale,shall take the Unit free of any claims for Assessments or installments thereof that became due prior to such right of possession,but will be liable for the Common Expenses and Assessments that become due thereafter,and the Unit's past due share of Common Expenses or Assessments shall become new Common Expenses chargeable to all of the Owners,including the Mortgagee or foreclosure or sale purchaser and their successors and assigns,in proportion to their respective Allocated Interest in the Common Elements;however,the Owner shall continue to be personally liable for such past accrued Assessments,as provided in Section 18.3. For the purpose of this Section,the terms"Mortgage"and"Mortgagee"shall not mean any real estate contract or vendor or designee or assignee of a vendor under a real estate contract. Williamsburg CCRs page 16 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • • 18.2. . Lien May Be Foreclosed. Each Unit in the Condominium is hereby granted to Chicago Title Insurance Company,as trustee,in trust with power of sale,to secure the obligation of each Unit(and the Owner thereof)to payAssessments against such Unit made by the Association. The Units arenot used - principally for agricultural or farming Poses. The power of sale granted-hereby is operative in case of '- -• any default in the obligation of an Owner to pay any Assessment made against such Owner's Unit. The = Association's lien for delinquent Assessments_is-not-subject to the provisions of Chapter 6.13 RCW: The lien may be enforced by the Managing Agent or the Board,acting on behalf of the Association,judicially in the manner set forth in Chapter 61.12 RCW or nonjudicially in the manner set forth in Chapter 61.24 • - RCW for•nonjudicial foreclosures of deeds of trust.Unless the Association elects to foreclose its lien • ' :. '' nonjudicially pursuant to Chapter 61.24 RCW,the lien shall also be prior to any Mortgage described in Section 18.1(b)to the extent of Assessments for Common Expenses,excluding any amounts for capital improvements,based on the periodic budget adopted by the Association,which would have become due during the six(6)months immediately preceding the date of a sheriffs sale in an action for judicial • - .foreclosure by either the.Association or a Mortgagee;the date of a trustee's sale in a nonjudicial • foreclosure by a Mortgagee,or the date of recording of the notice of forfeiture in a proceeding by the vender under a real estate contract. The priority of the Association's lien against any Unit encumbered by a Mortgage held by a Mortgagee which has given the Secretary of the Association a written request for notice of delinquent Assessments shall be reduced by up to three(3)months if and to the extent the Association's lien priority includes delinquencies which relate to a period after such holder has given such notice and before the Association gives the holder a written notice of the delinquency. The Managing Agent or the Board,acting on behalf of the Association,shall have the power to bid on the Unit at the foreclosure sale,and to acquire,hold,lease,mortgage and convey the Unit. The lien for delinquent Assessments and the personal liability for payment of the Assessments shall be extinguished unless proceedings to enforce the lien are instituted within three(3)years after the amount of Assessment sought to be recovered becomes due. 18.3. Assessments Are Personal Obligations. In addition to constituting a lien on the Unit and all its appurtenances,all sums assessed by the Association chargeable to any Unit(together with interest,costs and attorneys'fees in the eventof delinquency)shall be the joint and several personal obligations of the Unit Owner when the Assessment is made and such Owner's successors in title who assume such obligations,for all Assessments due up to the time of each Owner's conveyance of the Unit, without prejudice to any such successor's ability to recover from the Owner the amounts paid by such successor therefor. Suit to recover a personal judgment for any delinquent Assessments may be maintained without foreclosing or waiving the lien securing them. 18.4. Receiver. From the later of(a)commencement of an action by the Association to foreclose a lien for delinquent Assessments against a Unit that is not occupied by its Owner or (b)delinquency of the Assessments,the Association may appoint a receiver to collect from any lessee of the Unit the rent for the Unit as and when due. If the rental is not paid,the receiver may obtain possession of the Unit,refurbish it for rental up to a reasonable standard for rental Units in this type of condominium, rent the Unit or permit its rental to others and apply the rents first to the cost of the receivership and attorneys' fees thereof,then to the cost of refurbishing the Unit,then to applicable charges,then to costs, fees and charges of the foreclosure action,and then to the payment of the delinquent Assessments. Exercise by the Association of the foregoing rights shall not affect the priority of any preexisting liens on the Unit. 18.5. Late Charges and Interest on Delinquent Assessments. The Board may from time to time establish late charges and a rate of interest to be charged on Assessments that may thereafter become delinquent. In the absence of another established nonusurious rate,delinquent Assessments shall bear interest at the rate of twelve percent(12%)per annum. Williamsburg CCRs page 17 of36 #79413 16242-2 I P9X0I LDOC 2/05/98 18.6. Recovery of Attorneys'Fees and Costs. In any action to collect delinquent Assessments,including appeal thereof and enforcement of a judgment,the prevailing party shall be entitled to recover as a part of its judgment a reasonable sum for attorneys' fees and expenses reasonably incurred in connection with the action,in addition to taxable costs permitted by law. - 18.7. Remedies Cumulative. The remedies provided herein are cumulative and the Board may pursue them,and any other remedies which may be available under the law although not expressed - herein,either concurrently or in any order. 18.8. Security Deposit. An Owner who has been delinquent in paying its monthly Assessments for three(3)of the five(5)preceding months may be required by the Board,from time to time,to make and maintain a security deposit not in excess of three(3)months' estimated monthly Assessments,which shall be collected and shall be subject to penalties for nonpayment as are other Assessments. The deposit shall be held by the Association in a separate fund,credited to such Owner,and may be resorted to by the Association at any time when such Owner is ten(10)days or more delinquent in paying its Assessments. ARTICLE 19. COMPLIANCE WITH DECLARATION 19.1. Enforcement. Each Owner and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations passed hereunder,as the same may be lawfully amended from time to time,and will all decisions adopted pursuant to the Declaration and the Bylaws and administrative rules and regulations. Failure to comply shall be grounds for an action to recover sums due for damages,or injunctive relief,or both maintainable by the Board acting through its officers on behalf of the Owners,or by the aggrieved Owner on its own. 19.2. No Waiver of Strict Performance. The failure of the Board(or the Managing Agent)in any instance to insist upon the strict compliance with this Declaration or the Bylaws or rules and regulations of the Association,or to exercise any right contained in such documents or to serve any notice or to institute any action,shall not be construed as a waiver or a relinquishment for the future of any term covenant,condition,or restriction. The receipt by the Board of payment of an Assessment from an Owner, with knowledge of a breach by the Owner,shall not be a waiver of the breach. No waiver by the Board of any requirement shall be effective unless in writing and signed by the Board. ARTICLE 20. LIMITATION OF LIABILITY 20.1. Liability for Utility Failure,Etc. Except to the extent covered by insurance obtained by the Board,none of the Association,the Board,the Managing Agent or the Declarant shall be liable for: the failure of any utility or other service to be obtained and paid for by the Association;any injury or damage to person or property caused by the elements,or resulting from electricity,water,rain,dust,or sand which may lead or flow from outside or from any parts of the Building,or from any of their pipes,drains, conduits,appliances,or equipment,or from any other place;or inconvenience or discomfort resulting from any action taken to comply with any law,ordinance,or orders of a governmental authority. No diminution or abatement of Common Expense Assessments shall be claimed or allowed for any such utility or service failure,or for such injury or damage,orfor such inconvenience or discomfort. Williamsburg CCRs page 18 of 36 #7941316242-2 1 P9X01!.DOC 2/05/98 • 20.2. No Personal Liability. Except as otherwise provided in the Condominium Act,so long as a Board Member,Association Committee Member,Association Officer,Declarant or the Managing Agent has acted in good faith,with ordinary and reasonable care(and in the.case of Board officers and _ members appointed by,Declarant,with the care required of a fiduciary of the Owners),without willful or - - intentional misconduct,upon the basis of such..information:as is then possessed by such person,no such - person shall be personally-liable to any Owner,or to any other persons,including the Association,for any • - - - damage,loss,or prejudice suffered or claimed on account of any act,omission,error,or negligence of such person,provided this section shall not apply where consequences of such act,omission,error or negligence is covered by insurance obtained by the Board. ARTICLE 21. INDEMNIFICATION Each Board Member,Association Committee Member and Officer,Declarant and the Managing Agent shall be indemnified by the Association against all expenses and liabilities,including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be a party, or in which he or she may become involved,by reason of holding or having held such position,or any settlement thereof,whether or not he or she holds such position at the time such expenses or liabilities are incurred,except to the extent such expenses or liabilities are covered by any type of insurance and except in such cases wherein such person is adjudged guilty of willful misfeasance in the performance of his or her duties;provided that,in the event of a settlement,the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association;and further provided that Declarant shall not be entitled to indemnification against any expenses or liabilities incurred in connection with tort and contract liability imposed upon Declarant under the Condominium Act. ARTICLE 22. INSURANCE 22.1. General Requirements. The Board shall cause the Association to purchase and maintain,to the extent reasonably available,at all times as a Common Expense a policy or policies and bonds necessary to provide casualty insurance;comprehensive liability insurance;fidelity insurance; workers' compensation insurance to the extent required by applicable laws; insurance for the protection of the Association's directors,officers,and representatives from personal liability in the management of the Association's affairs;and such other insurance as the Board deems advisable or is required by the _ Condominium Act. The Board shall review at least annually the adequacy of the Association's insurance coverage. All such insurance policies shall provide that coverage may not be canceled,modified or allowed to lapse(including cancellation for nonpayment of premium)without compliance with all applicable provisions of Chapter 48.18 RCW pertaining to cancellation or nonrenewal of insurance. Promptly upon the conveyance of a Unit,the new Owner shall notify the Association of the date of the conveyance and the Owner's name and address. The Association shall notify each insurance company that has issued an insurance policy to the Association for the benefit of the Owners under this Article 22 of the name and address of the new Owner and request that the new Owner be made a named insured under such policy. 22.2. Casualty Insurance. The casualty insurance shall,at the minimum,consist of a standard form of fire insurance policy with extended coverage or"all risk"endorsements in an amount equal to the full replacement value(100%)of current replacement cost(exclusive of land,foundation,excavation,and other items normally excluded from coverage)of the Common Elements,and all fixtures and equipment Williamsburg CCRs page 19 of 36 117941316242-2 1 P9X01!.DOC 2/05/98 belonging to the Association. In addition to protection against loss or damage by fire and other hazards covered by the standard extended coverage endorsement,the policy shall provide protection against loss or damage from sprinkler leakage,debris removal,cost of demolition,vandalism,malicious mischief, windstorm,water damage,and such other risks as are customarily covered in policies for residential condominium projects of similar construction in King County. The policy or policies shall provide for separate protection for each Unit to the full insurance replacement value thereof(limited as above provided),and a separate loss payable endorsement in favor of the holder of the Mortgage that creates a lien against such Unit. The insurance proceeds may be made payable to any trustee with which the Association may enter into an insurance trust agreement,or any successor trustee,who shall have exclusive authority to negotiate losses under the policies. The policies shall provide that,notwithstanding any provisions thereof which give the carrier the right to elect to restore damage in lieu of making a cash settlement,such option shall not be exercisable without the prior written approval of the Association(or any insurance trustee)or when in conflict with the provisions of any insurance trust agreement to which the Association may be party,or any requirement of-law. - . - -- 22.3. Comprehensive Public Liability Insurance. The comprehensive policy of public liability insurance shall insure the Board,the Association,the Owners,Declarant,and the Managing Agent and cover all of the Common Elements,with"Severability of Interest Endorsement"or equivalent coverage that would preclude the insurer from denying the claim of an Owner because of the negligent acts of the Association or of another Owner,and shall include protection against water damage liability, liability for non-owned and hired automobiles,liability for property of others,and such other risks as are customarily covered with respect to residential condominium projects of similar construction in King County. The limits of liability shall not be less than One Million Dollars($1,000,000)combined single limits for bodily injuries,death and property damage. 22.4. Additional Policy Provisions. The Board shall exercise its reasonable best efforts to obtain insurance policies pursuant to Sections 22.2 and 22.3 containing the following provisions and limitations: 22.4.1. The named insured shallbe the Association,as trustee for each of the Owners in - accordance with their respective Allocated Interests in the Common Elements. The insurance proceeds may be made payable to any trustee with which the Association may enter into an insurance trust agreement,or any successor trustee,who shall have exclusive authority to negotiate losses under the policies. 22.4.2. In no event shall the insurance coverage be brought into contribution with insurance purchased by the Owners of the Units or their Mortgagees. 22.4.3. Coverage shall not be prejudiced by(a)any act or neglect of the Owners when such act or neglect is not within the control of the Association,or(b)failure of the Association to comply with any warranty or condition with regard to any portion of the Property over which the Association has no control. 22.4.4. A waiver of subrogation by the insurer as to any and all claims against the Association,any owner and their respective agents,employees,household members,or tenants,and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. 22.4.5. A standard mortgagee clause which shall: Williamsburg CCRs page 20 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 22.4.5.1 provide that any reference to a mortgagee in the policy shall mean and include all holders of Mortgages that create liens against any Units or Unit leaseholds or - - subleaseholds in their respective order of preference,whether or not named therein; _. _ 22.4.5.2 . provide that such insurance as to the interest of any holder of a Mortgage shall not be invalidated by any act or neglect of the Board or Owners or any person under any of them; 22.4.5.3 waive any provision invalidating such mortgagee clause by reason . of the failure of any holder of a Mortgage to notify the insurer of any hazardous use or vacancy, • any requirement that such holder pay any premium thereon,and any contribution clause;and 22.4.5.4 provide that,without affecting any protection afforded by such mortgagee clause,any proceeds,payable under such policy shall be payable to the Board or the insurance trustee. 22.5. Fidelity Insurance. Fidelity insurance shall afford coverage to protect against dishonest acts on the part of officers,directors,trustees,and employees of the Association or the Managing Agent and all other persons who handle or are responsible for handling funds of the Association and be in an amount equal to at least fifty-five percent(55%)of the estimated annual operating expenses of the Condominium,including reserves. All such fidelity insurance shall name the Association as an insured and contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee"or similar expression. 22.6. Owners'Individual Insurance. Each Owner may obtain additional insurance on his or her Unit and its contents at his or her own expense but only if the Owner's insurance does not decrease the amount that the Board,or any trustee for the Board,on behalf of all the Owners,will realize under any insurance policy that the Board may have in force on the Property. Each Owner shall notify the Board of all improvements by the Owner to his or her Unit the value of which is in excess of One Thousand Dollars .. . ($1,000). Any Owner who obtains individual insurance policies covering any portion of the Property other than personal property belonging to such Owner shall file a copy of his or her individual policy or policies with the Board within thirty(30)days after the purchase of such insurance,and the Board shall immediately review its effect with the Board's insurance broker,agent,or carrier. 22.7. Insurance Proceeds. Insurance proceeds for damage or destruction to any part of the Property shall be paid to the Board on behalf of the Association which shall segregate payment as provided for in Section 17.10. The Association,acting through the Board,shall have the authority to settle and compromise any claim under insurance obtained by the Association. Each Owner hereby appoints the Association as its attorney in fact for this purpose and the insurer may accept the release and discharge of liability made by the Board on behalf of the named insured under the policy. 22.8. Insurance to Meet Secondary Market Requirements. In addition to any other insurance requirements contained in this Declaration,the Association shall maintain in continuous effect such casualty,flood and liability insurance and fidelity insurance or bonds meeting the insurance and bonding requirements for the Condominium,as established by FHA,FNMA,GNMA,FHLMC and VA so long as such entity is an Owner or Mortgagee of any Unit,except to the extent such insurance coverage or bond has been waived in writing by such entity. • Williamsburg CCRs page 21 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • 22.9. Liability for Uninsured Amounts. Notwithstanding any other provisions of this Declaration,including Article 23,and except to the extent that a lack of insurance results.from the - negligence or breach of a duty to insureof the Board: . 22.9.1. Liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be the responsibility of an individual Unit Owner where the damage results from a negligent or intentional action or omission by an Owner,or that Owner's tenant,or the family,servants,employees,agents,visitors or licensees of that Owner or tenant,or from the failure of, or failure to maintain,any portion of the Condominium,including any appliance,equipment,or fixture in a Unit,which that Owner is responsible to maintain in good working order and condition. 22.9.2. Except as provided in Section 22.9.1,liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be the responsibility of an 'individual Unit Owner where the damage involved is limited solely to damage to that Owner's Unit or the Limited Common Element assigned to that Owner's Unit. 22.9.3. Except as provided in Sections 22.9.1.and 22.9.2,liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be prorated between the Association and any involved Owners in proportion to the relative amounts of damage to the Common Element and to each of the affected Units,including the Limited Common Element assigned to such Unit or Units,where the damage involves both the Common Elements and/or one or more Units or the Limited Common Elements assigned to a Unit or Units. ARTICLE 23. DAMAGE OR DESTRUCTION: RECONSTRUCTION 23.1. Determination Regarding Reconstruction. The provisions of this Article shall constitute the procedure by which a determination is made by the Unit Owners to repair,restore, reconstruct or rebuild as provided in the Act. By the act of accepting an interest in the Property,each Unit Owner and party claiming by,through or under the Owner hereby consents and agrees to the provisions of this Article. If any provision of this Article is determined to be invalid or unenforceable by any court of competent jurisdiction,the determination shall not affect the validity of any other provision of this Declaration. The purpose of this Article is to provide a fair and equitable method of allocating the costs of Repair if all or a portion of the improvements suffer Significant Damage. The provisions of this Article shall be liberally construed to accomplish that purpose. By unanimous vote of the Unit Owners,taken within ninety(90)days after the Significant Damage,the Owners may determine to do otherwise than provided in this Article. 23.2. Definitions: Significant Damage;Repair;Emergency Work. 23.2.1. As used in this Article,the term"Significant Damage"means damage or destruction,whether or not caused by casualty,to any part of the Property which the Board is responsible to maintain or repair: (a)for which funds are not available in the maintenance and repair or contingency budget of the Association to make timely repairs;and(b)which has a significant adverse impact on the habitability of any Unit or the ability of an Owner or Owners to use the Property or any significant portion of the Property for its intended purpose. 23.2.2. As used in this Article,the term"Repair"means to repair,reconstruct,rebuild or restore the Building or improvements which suffered Significant Damage to substantially the same Williamsburg CCRs page 22 of 36 117941316242-2 I P9X0I!.DOC 2/05/98 condition in which they existed prior to the damage or destruction,with each Unit and the Common and Limited Common Elements having substantially the same vertical and horizontal boundaries as before. Modifications.to conform to then applicable governmental rulesand regulations or available means of _ . construction may be made. - 23.2.3. As used in this Article-,the term"Emergency Work"shall mean that work which the Board deems reasonably necessary to avoid further damage,destruction or substantial diminution in value to the improvements and to reasonably protect the Owners from liability arising out of the condition of the Property. 23.3. Initial Board,Determinations. In the event of Significant Damage to any part of the Property,the Board shall promptly,and in all events within thirty(30)days after the date of Significant Damage,or,if the Significant Damage did not occur at a particular identifiable time,after the date of its discovery,make the following determinations,employing any advice the Board deems advisable: • - - 23.3.1. The nature and extent of the Significant Damage,together with an inventory of the improvements and the portion of the Property directly affected. 23.3.2. A reasonably reliable estimate of the cost to Repair the Significant Damage, which estimate shall,if reasonably practicable,be based upon two or more firm bids obtained from responsible contractors. 23.3.3. The anticipated insurance proceeds,if any,to be available from insurance co''ering the loss based on the amount paid or initially offered by the insurer. 23.3.4. The amount,if any,that the estimated cost of Repair exceeds the anticipated insurance proceeds available for that Repair and the amount of Assessment to each Unit if the excess was paid as a Common Expense and specially assessed against all the Units in proportion to their percentages of interest in the Common Elements. 23.3.5. The Board's recommendation as to whether the Significant Damage should be Repaired. 23.4. Notice of Significant Damage. The Board shall promptly,and in all events within thirty (30)days after the date of Significant Damage,or discovery of such Significant Damage,provide each Owner and each Mortgagee with a written notice summarizing the initial Board determination made under Section 23.3. If the Board fails to do so within the thirty(30)day period,then any Owner or Mortgagee may make the determinations required under Section 23.3 and give the notice required under this Section. 23.5. Repair of Non-Significant Damage by Board. In the event of damage or destruction to all or a part of the Property which the Board is responsible to Repair,which is not determined by the Board to constitute Significant Damage,the Board shall promptly arrange the Repair,which shall be conducted in accordance with the original condition for the Condominium. The insurance proceeds,if any,shall be applied to the cost of the Repair,and the balance of the Repair costs,if any,shall be assessed to the Owners responsible for same,or paid as a Common Expense of the Association,or prorated between individual Owners and the Associations,as otherwise provided in the Declaration. Williamsburg CCRs page 23 of 36 #79413 16242-2 I P9X01!.DOC 2/05/98 23.6. Repair of Significant Damage by Board. 23.6.1. Unless prior to the commencement of a Repair other than Emergency Work,the Owners-shall have decided not to Repair in accordance with the provisions of either Section 23.7.3 or - - - 23.8.3,the Board shall promptly Repair.the-Significant Damage,use the available insurance proceeds for. - •that purpose,and pay for the actual cost of-Repair in excess of insurance proceeds: Except to the-extent- - - - otherwise provided in Section 22.9,the costs of Repair shall be a Common Expense which shall be specially assessed against all Units in proportion to their respective percentages of interest in the Common Elements. 23.6.2. The Board shall have the authority to employ architects and attorneys,advertise for bids,let contracts to contractors and others,and to take any other action reasonably necessary to effectuate the Repair.Contracts for the Repair shall be awarded when the Board,by means of insurance proceeds and sufficient Assessments or Association funds,has provision for the costs of the work to be - done under the contracts. The Board may authorize the insurance carrier to proceed with the Repair upon satisfaction of the Board that the work will be appropriately carried out. 23.6.3. The Board may enter into a written agreement in recordable form with any reputable financial institution,trust or escrow company retaining the firm or institution to act as an insurance trustee to adjust and settle any claim for a loss in excess of Fifty Thousand Dollars($50,000),or for the firm or institution to collect the insurance proceeds and carry out the provisions of this Article. 23.7. Limited Damage;Assessment Under$5,000. If the amount of the estimated Assessment determined under Section 23.3 does not exceed Five Thousand Dollars($5,000)for any one Unit,then the provisions of this Section 23.7 shall apply. 23.7.1. The Board may,but shall not be required to,call a special Owners'meeting to consider the Repair. If a special Owners'meeting is called,notice of the meeting shall be given = simultaneously with the notice required to be given by the Board under Section 23.4 above. If the Board fails to call a meeting,then the requisite number of Owners or any Mortgagee,within fifteen(15)days of receipt of the notice given by the Board under Section 23.4,or within fifteen(15)days of the expiration of the thirty(30)day period,whichever is less,may call a special Owners'meeting to consider the Repair. Any meeting called as provided in this Section shall be convened not less than ten(10)nor more than twenty(20)days after the date of the notice of meeting. 23.7.2. Except for Emergency Work,no Repair shall be commenced until after the expiration of the notice.period set forth in the preceding Section and until after the conclusion of the special meeting if a meeting is called within the requisite period. 23.7.3. A unanimous written decision of the Unit Owners and Mortgagees(based upon one(1)vote for each Mortgage held)will be required to avoid the provisions of Section 23.6.1 and to determine not to Repair the Significant Damage in accordance with the Survey Map and Plans. The failure of the Board,the requisite number of Owners or a Mortgagee to call for a special meeting at the time or in the manner set forth in Section 23.7 shall be deemed a unanimous decision to undertake the Repair. 23.8. Major Damage;Assessment Over.$5,000. If the amount of the estimated Assessment determined under Section 23.3 exceeds Five Thousand Dollars($5,000)for any one Unit,then the provisions of this Section 23.8 shall apply: Williamsburg CCRs page 24 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 23.8.1. The Board shall promptly,and in all events within thirty(30)days after the date of Significant Damage,or,if the Significant Damage did not occur at a particular identifiable time,after the date of its discovery,provide written notice of a special Owners'meeting to.consider Repair of the . • - Significant Damage. The notice of meeting shall be delivered with the notice required to be provided • under Section 23.4 above. If the Board fails to do so within the thirty(30)day period,then notwithstanding the provisions of this Declaration or the Bylaws with respect to calling special meetings, - - any Owner or Mortgagee may within fifteen(15)days of the expiration of the thirty(30)day period,or within fifteen(15)days of receipt of the notice required to be provided by the Board under Section 23.4, whichever is less,call a special meeting of the Owners to consider Repair of the Significant.Damage by providing written notice of the meeting to all Owners and Mortgagees. Any meeting held as provided in- this Section 23.8 shall be called by written notice and shall be convened not less than ten(10)nor more than twenty(20)days from the date of the notice of meeting. 23.8.2. Except for Emergency Work,no Repair shall be commenced until the conclusion of the special Owners'meeting required under Section 23.8.1. 23.8.3. A concurrence in writing of more than eighty percent(80%)of the Mortgagees (based upon one vote for each Mortgage held),and more than eighty percent(80%)of the Owners of the Units will be required to avoid the provisions of Section 23.6.1 and to determine not to Repair the Significant Damage. The failure to obtain the eighty percent(80%)concurrence in writing shall be deemed a decision to Repair the Significant Damage in accordance with the Survey Map and Plans. The failure of the Board,or Owners or Mortgagees to convene the special meeting required under Section 23.8.1 within ninety(90)days after the date of Significant Damage shall be deemed a unanimous decision not to undertake the Repair. 23.9. Decision Not to Repair;Disposition. In the event of a decision under either Section 23.7.3 or 23.8.3 not to Repair any Significant Damage,the Board may nevertheless expend any of the insurance proceeds and Association funds as the Board deems reasonably necessary for Emergency Work(which Emergency Work may include but is not necessarily limited to removal of the damaged or destroyed Building and clearing,filling and grading the real property),and the remaining funds,if any,and the Property shall then be held and,distributed as follows: 23.9.1. The property shall be owned in common by the Unit Owners and shall no longer be subject to this Declaration or to condominium ownership; 23.9.2. The undivided interest in the Property owned in common which appertains to each Unit Owner shall be the percentage of Allocated Interest previously owned by the Owner in the Common Elements; 23.9.3. Any Mortgages or liens affecting any of the Units shall be deemed transferred in accordance with the existing priorities to the percentage of the undivided interest of the Unit Owner in the Property as provided in this Section 23.9;and 23.9.4. The Property shall be subject to an action for partition at the suit of any Unit Owner or the Association,in which event the net proceeds of sale,together with the net proceeds of the insurance of the Property,if any,shall be considered as one fund;the fund shall be divided into separate shares one for each Unit Owner in a percentage equal to the percentage of undivided interest owned by each Owner in the Property;then,after first paying out of the respective share of each Unit Owner,to the extent sufficient for the purposes,all Mortgages and liens on the undivided interest in the Property owned • Williamsburg CCRs • page 25 of 36 879413 16242-2 1P9X0I LDOC 2/05/98 by that Unit Owner,the balance remaining in each share shall then be distributed to each Unit Owner respectively. ARTICLE 24. CONDEMNATION 24.1. Consequences of Condemnation;Notices. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority(collectively,a "Taking")notice of the Taking shall promptly be given to each Owner and to each Eligible Mortgagee and the provisions of this Article 24 shall apply. The Association,acting through the Board,shall represent the Owners in any proceedings,negotiations,settlements or agreements in connection with any Taking,and each Owner hereby appoints the Association its attorney in fact for this purpose. 24.2. Proceeds. All compensation,damages,or other proceeds of the Taking(collectively,the "Award")shall be payable to the Association,as trustee for the Owners and Mortgagees as their interest may appear. • 24.3. Complete Taking. If the entire Property is taken,the Condominium ownership shall terminate effective as of the acquisition of the Property by the condemning authority. The Award shall be apportioned among the Owners in proportion to their respective Allocated Interests in the Common • Elements;provided that,if a standard different from the value of the Property as a whole is employed to measure the Award in the Taking,then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. On the basis of the foregoing principle,the Board shall as soon as practicable determine the share of the Award to which each Owner is entitled. Each Owner's share shall be applied first to the payment of all Mortgages and liens on the Owner's interest in accordance with the existing priorities and the balance of each share,if any,shall be distributed to the Owner. 24.4. Partial Taking. If less than the entire Property is taken the Condominium ownership shall not terminate. The Allocated Interest of all Units taken shall be reallocated to those remaining Units in proportion to the respective Allocated Interests of those Units before the Taking and the Association shall promptly prepare,execute and record an amendment to this Declaration reflecting the reallocations. Any remnant of a unit remaining after part of the Unit is taken,which remnant may not practically or lawfully be used for any purpose permitted by this Declaration,shall become a Common Element effective as of the acquisition of the Property taken by the condemning authority. If part of a Unit is taken and the remaining part may be practicably and lawfully used for any purpose permitted by this Declaration,that Unit's Allocated Interest in the Common Elements shall be reduced in proportion to the reduction in size of the Unit or on any other basis specified herein and the portion of the Allocated Interest divested from the partially taken Unit shall be automatically reallocated to such Unit and the remaining Units in proportion to the respective Allocated Interests of those Units before the Taking,with any partially taken unit sharing in the reallocation on the basis of its reduced Allocated Interest. Each Owner shall be entitled to a share of the Award determined in the following manner: 24.4.1. As soon as practicable the Board shall,reasonably and in good faith,allocate the Award among Owners as compensation for Property taken,severance damages,or other proceeds. 24.4.2. Any amount allocated to taking of or injury to the Common Elements shall be apportioned among owners in proportion to their respective Allocated Interests in the Common Elements. Williamsburg CCRs page 26 of 36 117941316242-2 I P9X01!.DOC 2/05/98 • 24.4.3. Any amount allocated in the taking or partial taking of or injury to a particular Unit,Limited Common Elements appurtenant thereto and/or improvements made by the Owner therein shall be apportioned to the Unit. 24.4.4. Any amount allocated to severance damages shall be apportioned to the Units. that were not taken. 24.4.5. Any amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Board determines to be equitable in the circumstances. 24.4.6. If an allocation of the Award has already been established in negotiation,judicial decree,or otherwise,then in apportioning the Award the Board shall employ that allocation to the extent it is relevant and applicable. 24.4.7. Distribution of apportioned proceeds shall be made to the Owners and their respective Mortgagees in the manner provided in Section 24.3. 24.5. Reconstruction and Repair. Any reconstruction and repair necessitated by a Taking shall be governed by the procedures specified in Article 23 for repair of damage,provided that the Board may retain and apply such portion of each Owner's share of the Award as is necessary to discharge the Owner's liability for any special Assessment arising from the operation of Article 23. ARTICLE 25. EASEMENTS 25.1. In General. Each Unit is hereby declared to have,and every other Unit and the Common Elements are subjected to,an easement in and through each other Unit and the Common Elements for all support elements and utility,wiring,heat,and service elements and for reasonable access thereto,as required to effectuate and continue proper operation of the Condominium. The specific mention or reservation of an easement in this Declaration does not limit or negate the general easement for Common Elements reserved by law. 25.2. Encroachments. Each Unit and all Common Elements are hereby declared to have an easement over all adjoining Units and Common Elements for the purpose of accommodating any present or future encroachment as a result of engineering errors,construction,reconstruction,repairs,settlement, shifting,or movement of any portion of the Property,or any other similar cause,and any encroachment due to Building overhang or projection. There shall be valid easements for the maintenance of the encroaching Units,and/or Common Elements so long as such encroachments shall exist,and the rights and obligations of Owners shall not be altered in any way by such encroachments;provided, however, that in no event shall a valid easement for encroachment be created in favor of a Unit if the encroachment was caused by the willful act of the Owner. The encroachments described in this Section 25.2 shall not be construed to be encumbrances affecting the marketability of title of any Unit. 25.3. Easement and Rights Reserved by Declarant. Declarant hereby reserves nonexclusive easements over,across and through the Common Elements as reasonably necessary for the purposes of discharging Declarant's obligations hereunder and under the Condominium Act and for exercising any Special Declarant Rights including completing the construction of any Units or other improvements and preparing Units for sale. The easements reserved hereby shall not be exercised in a manner that will overload or materially impair the use and enjoyment of the Common Elements by the Owners. Williamsburg CCRs page 27 of 36 #7941316242-2 1P9X01!.DOC 2/05/98 • 25.4. Utility Easements Granted by Declarant. Declarant grants to each company or municipality providing utility services to the Condominium or to the Owners an easement for the • - installation of all utilities serving the Condominium including water,sanitary sewer,storm sewer, electricity,gas,cable television and telephone,and an easement for reasonable access over the Common Elements to the utility service facilities. ARTICLE 26. PROCEDURES FOR SUBDIVIDING,COMBINING OR RELOCATING BOUNDARIES BETWEEN UNITS 26.1. Submission of Proposal. No Unit or Units or Common Elements shall be subdivided and/or combined either by agreement or legal proceedings,except as provided in this Article or in Section 32.2.3. 26.1.1. Subdivision on Combination. An Owner may propose the subdivision and/or combination of a Unit,Units,or Common Elements by submitting the proposal in writing to all other Owners and the Mortgagees of the Units to be subdivided or combined. If the proposal contemplates the subdivision of a Unit,the proposal must also be given to all Mortgagees. The proposal must include complete plans and specifications for accomplishing the subdivision or combination and proposed amendments of this Declaration and the Survey Map and Plans,if required by the Condominium Act. 26.1.2. Relocation of Boundaries. The Owners of adjoining Units may apply to the Association for relocation of the boundary between their Units. If the Owners have specified a reallocation between their Units of their Allocated Interests,the application must state the proposed reallocations. 26.2. Approvals Required. 26.2.1. Subdivision. A proposal that contemplates subdivision of a Unit will be accepted only if approved in writing by all Owners and holders of Mortgages on the Unit or Units to be subdivided and the Owners of Units to which at least eighty percent(80%)of the votes in the Association are allocated. 26.2.2. Approval Required for Combination. A proposal that contemplates only combination of Units without subdividing any of them will be accepted if approved in writing by the Owners of Units to which at least fifty-one(51%)of the votes in the Association are allocated and all Owners and Mortgagees of the Units to be combined. 26.3. Procedure After Approval. Upon approval of an Owner's proposal for combination, subdivision or relocation of boundaries as provided herein,the Owner may proceed according to the proposed plans and specifications;provided that the Board may in its discretion require that the Board administer the work or the Board may require provisions for the protection of other Units or Common Elements or that reasonable deadlines for completion of the work be inserted in the contracts for the work. 26.3.1. Subdivision. In the event of a subdivision,the Association shall prepare, execute and record(and the Owner of the subdivided Unit shall execute)an amendment to this Declaration and the Survey Map and Plans,subdividing the Unit,assigning identifying numbers to the Units created, and reallocating the Allocated Interests formerly allocated to the subdivided Unit to the new Units. Williamsburg CCRs page 28 of 36 #79413 16242-2 1P9X01!.DOC 2/05/98 26 3.2. Relocation of Boundaries. In the event of a relocation of Unit boundaries,the Association shall prepare an amendment to the Declaration that identifies the Units involved and states the .. ._ .. reallocations of Allocated Interests. The amendment must be executed by the Owners of the.Units __ . . involved,contain words of conveyance between them to be recorded in the official records of King County. The Association shall obtain and record and amendment to the Survey Map or Plans necessary to. 'show the altered boundaries between adjoining Units and their dimensions and identifying numbers. ARTICLE 27. AMENDMENTS OF DECLARATION AND SURVEY MAP AND PLANS • 27.1. Amendments by the Association. Any Owner may propose amendments to this Declaration or the Survey Map and Plans to the Board. If approved by a majority of the members of the Board,a proposed amendment shall be submitted to the members of the Association for their consideration. If an amendment is proposed by Owners to which twenty percent(20%)or more of the votes in the Association are allocated,then,irrespective of whether the Board concurs in the proposed amendment,it shall be submitted to the members of the Association for their consideration at their next regular or special meeting. Notice of a meeting at which an amendment is to be considered shall include the text of the proposed amendment. Amendments may be adopted at a meeting of the Association or by written consent of the requisite number of persons entitled to vote,after notice has been given to all persons(including Mortgagees)entitled to receive notice of a meeting of the Association. 27.2. Approvals Required. The consent of Owners of Units to which at least ninety percent (90%)of the votes in the Association are allocated and all owners particularly affected by the amendment shall be required for adoption of any amendment(1)increasing or creating any Special Declarant Rights, (2)increasing the number of Units,or.(3)changing the boundaries or Allocated Interests of any Unit or the use to which any Unit is restricted. Subject to the specific provisions of Section 6.3(allocation of Limited Common Elements),Article 24(condemnation),Article 26(subdividing or combining Units or relocating boundaries),Article 28(terminating the Condominium),Article 31 (conveyance or encumbrance of Common Elements)or Article 32(Special Declarant and Development Rights),all other amendments shall be adopted if Owners of Units to which at least sixty-seven percent(67%)of the votes in the Association are allocated approve the amendment. Once an amendment has been adopted by the Association it shall become effective when the amendment,executed and certified on behalf of the Association,has been recorded in the official records of King County. 27.3. Challenge to Validity. No action to challenge the validity of an amendment adopted pursuant to this Article may be brought more than one(1)year after the amendment is recorded. 27.4. Special Declarant/Development Rights. No amendment may restrict,eliminate or otherwise modify any Special Declarant or Development Right provided in this Declaration without the consent of Declarant and any Mortgagee of record with a security interest in the Special Declarant or Development Right or in any real property subject thereto. Williamsburg CCRs page 29 of 36 #794I3 16242-2 I P9X0I!.DOC 2/05/98 ARTICLE 28. ABANDONMENT OR TERMINATION OF CONDOMINIUM STATUS Except as provided in Articles 23 and 24,the Condominium status of the Property shall not be abandoned or terminated by reason of any act or omission by the Owners or the Association except with the consent of the Owners of Units to which at least eighty percent(80%)of the votes in the Association are allocated. Such abandonment or termination shall be accomplished by an instrument to that effect specifying a date after which such instrument will be ineffective unless recorded prior thereto and containing a description of the manner in which creditors of the Association will be paid or provided for and setting forth the terms of any sale of all or a portion of the Property to be sold following termination, which instrument must be duly recorded. Proceeds of sale of any portion of the Property shall be distributed to,and title to any portion of the Property not sold upon termination shall vest in,the Owners, as described in the Condominium Act. ARTICLE 29. • ASSIGNMENT BY DECLARANT • Declarant reserves the right to assign,transfer,sell,lease or rent all or any portion of the Property owned by it and reserves the right to assign all or any of its rights,duties and obligations created under this Declaration;however,such assignment shall not diminish Declarant's duties and obligations,including without limitation all contractual or warranty obligations imposed on the Declarant by the Condominium Act. ARTICLE 30. • PROTECTIONS FOR MORTGAGEES TO FACILITATE MORTGAGE LENDING 30.1. Mortgagee Approvals. Notwithstanding any other provision of any of the Condominium Documents,to the extent required or permitted by law,the prior written approval of fifty- one percent(51%)of the Eligible Mortgagees,with each Eligible Mortgagee having the same percentage of votes in the Association allocated to the Unit encumbered by its Mortgage,shall be required for any of the following,and without such approval,no person,the Board or the Association shall by either act or omission seek nor can they legally effect any change of a material nature to any of the condominium documents,including but not limited to any change respecting: voting rights;Assessments,Assessment liens,or the priority of Assessment liens;reserves for maintenance,repair and replacement of Common Elements;responsibility for maintenance and repairs;reallocation of interest in the Common or Limited Common Elements,or rights to their use;redefinition of any Unit boundaries;convertibility of Units into Common Elements or vice versa;expansion or contraction of the Condominium,or the addition, annexation,or withdrawal of property to or from the Condominium;insurance or fidelity bond;leasing of Units;imposition of any restrictions on a Unit Owner's right to sell or transfer his or her Unit;a decision by the Association to establish self-management when professional management had been required previously by the Condominium's documents or by an Eligible Mortgagee;restoration or repair of the Condominium(after a hazard damage or partial condemnation)in a manner other than that specified in the Declaration;any action to terminate the legal status of the Condominium after Significant Damage(as defined in Article 23)or a Taking(as defined in Article 24)occurs;or any provisions that expressly benefit Mortgage holders, insurers,or guarantors. Provided, however,that any abandonment or termination of the Condominium as set forth in Article 28,for reasons other than Significant Damage or a Taking of the Williamsburg CCRs page 30 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 Condominium shall require the consent and approval of at least sixty-seven percent(67%)of the Eligible Mortgagees. Any Eligible Mortgagee who fails to submit a response to any written proposal for an amendment within thirty(30)days after it receives proper notice of the proposal,provided the notice was delivered by certified or registered mail,return receipt requested,shall be deemed to have approved and -- -consented to the amendment in question.Notwithstanding anything to the contrary in this Declaration,no - requirement for Mortgagee approval may operate to(1)deny or delegate control over the general - - -- administration of affairs of the Association by the Owners or the Board,or(2)prevent the Association or the Board from commencing,intervening in or settling any litigation or proceeding,or receiving and distributing any insurance proceeds except pursuant to Article 22. 30.2. Notice to Mortgagees. Upon a written request sent by a Mortgagee to the Association stating such Mortgagee's name and address and the Unit number or address of the Unit subject to the Mortgage held,guaranteed,or insured by such Mortgagee,shall be entitled to timely written notice without charge of: 30.2.1. Any condemnation or casualty loss that affects either a material portion of the Condominium or the Unit subject to the Mortgage held,insured or guaranteed by such Mortgagee; 30.2.2. Any default in payment of Assessments or charges owed by the Owner of a Unit subject to the Mortgage held,insured or guaranteed by such Mortgagee,where the delinquency has not been cured in sixty(60)days; 30.2.3. Any lapse,cancellation or material modification of any insurance policy or fidelity bond maintained by the Association;and 30.2.4. Any of the proposed changes referred to in Section 30.1 above. ARTICLE 31. CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS Portions of the Common Elements not necessary for the habitability of a Unit may be conveyed or subjected to a security interest by the Association if approved by the Owners of Units to which at least eighty percent(80%)of the votes in the Association are allocated(including eighty percent(80%)of the votes allocated to Units not owned by Declarant or an Affiliate of Declarant),but in order to convey any Limited Common Elements or subject them to a security interest,all of the owners of the Units to which such Limited Common Elements are allocated must consent in writing. The proceeds of any such sale or financing shall be an asset of the Association. Any agreement to convey Common Elements or subject them to a security interest must be evidenced by the execution of an agreement or ratification thereof in the same manner as a deed by the requisite number of Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded the official records of King County. The Association,on behalf of the Owners,may contract to convey Common Elements or subject them to a security interest but the contract shall not be enforceable against the Association until approved as required under this Article 31. Thereafter,the Association shall have all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. No action by the Association pursuant to this Article 31 shall deprive any Unit of its rights of access and support,nor affect the priority or validity of any preexisting encumbrances. Williamsburg CCRs page 31 of 36 #37941316242-2 1 P9X01!.DOC 2/05/98 ARTICLE 32. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 32.1. Special Declarant Rights. As more particularly provided in this Article,Declarant,for itself and any successor Declarant,has reserved the following Special Declarant Rights: 32.1.1. Completion of Improvements. Declarant,its agents,employees and contractors shall have the right to complete improvements and otherwise perform work: authorized by the Declaration; indicated on the Survey Map.and Plans;authorized by building permits;provided for under any Purchase and Sale Agreement between Declarant and the purchaser of a Unit;necessary to satisfy any express or implied warranty under which Declarant is obligated;or otherwise authorized or required by law. 32.1.2. Sales Facilities of Declarant. Declarant,its agents,employees and contractors shall be permitted to establish and maintain in any Unit still owned by Declarant and in any of the Common Elements(other than Limited Common Elements assigned to Units not owned by Declarant), such facilities as in the sole opinion of the Declarant may be reasonably required,convenient or incidental to the construction,sale or rental of Units and appurtenant interests,including but not limited to: business offices;management offices;sales offices;construction offices;storage areas;signs;model units;and parking areas for all agents,employees,contractors,prospective tenants or purchasers of Declarant. Any such facilities not designated a Unit by the Declaration is a Common Element and,if Declarant ceases to be a Unit Owner,the Declarant ceases to have any rights with regard thereto unless it is removed promptly from the Condominium,which Declarant shall have the right to do. Declarant may maintain signs on the Common Elements advertising the Condominium. The provisions of this Section are subject to the provisions of other state law and to local ordinances. The number,size,location,and relocation of such facilities shall be determined from time to time by Declarant in the exercise of its sole discretion;provided, that the maintenance and use of such facilities shall not unreasonably interfere with a Unit Owner's use and enjoyment of: the Unit and appurtenant Limited Common Elements;and those portions of the Common Elements reasonably necessary to use and enjoy such Unit and Limited Common Elements. 32.1.3. Exercise of Development Rights. Declarant shall have the right to exercise Development Rights,if any,under this Declaration and the Act. 32.1.4. Termination of Declarant Rights. Except as otherwise provided in this Declaration,the foregoing Special Declarant Rights shall continue so long as Declarant is completing improvements which are within or may be added to this Condominium,or Declarant owns any Units,or any Development Rights remain in effect;provided,that Declarant may voluntarily terminate any or all of such Rights at any time by recording an amendment to the Declaration,which amendment specifies which Right is thereby terminated. 32.2. Development Rights. As more particularly provided in this Article,the Declarant,for itself and any successor Declarant,has reserved the following Development Rights: 32.2.1. Parking Assignment. (a) The total number of parking spaces which are anticipated for this Condominium are shown on EXHIBIT A attached hereto,and the general locations of such parking spaces are depicted on the Survey Map and Plans. (b) Declarant reserves the right to make the initial allocation of parking spaces,driving areas,and storage areas to each Unit pursuant to Sections 6.1.2 and 6.1.3 and Williamsburg CCRs page 32 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 Exhibits attached hereto(or by amendments thereto). With respect to each Unit,Declarant shall make such allocations prior to or contemporaneously with the closing of the sale of such Unit by Declarant. • (c) Until the approximate locations are shown on the Survey Map and Plans, and an allocation to Units is made by this Declaration or amendments thereto,such parking spaces,driving areas and storage areas shall continue as part of the Common Elements(but not as Limited Common Elements). (d) Once the Declarant's right to make such allocations has expired,the - balance of any parking spaces,driving areas,and storage areas,if any,not so allocated to specific Units shall continue as part of the Common Elements(not as Limited Common Elements)to be used in accordance with the rules and regulations established from time to time by the Board. (e) If Declarant elects to reallocate parking or storage previously allocated to Units still owned by Declarant,Declarant shall comply with the provision of Section 6.2.2;such reallocation is expressly recognized as being authorized by and in compliance with this Declaration. 32.2.2. Development in Phases. (a) Right to Phase. This Condominium will be developed and established in phases on the Property described on EXHIBIT A. Phase 1 consists of 37 Units located in Buildings 1,3,5,7 and 9. Declarant may create up to an additional 25 Units in 4 additional Buildings within certain Common Element land referred to herein as the Subsequent Phase Property,lying outside of the Phase 1 land delineated on the Survey Map and Plans. Declarant reserves the right to withdraw all or a portion of the Subsequent Phase Property from the Condominium pursuant to Section 32.2.1(i)below. (b) Phase 1. This Declaration provides a description of: the total Property; the Common and Limited Common Elements for all phases;and the Units and Buildings for Phase 1. The Survey Map and Plans,filed simultaneously herewith,depict with respect to Phase 1,certified as-built,the following: a survey of the surface of the total Property;the location of Buildings 1,3,5,7 and 9 for Phase 1;and the plans of Buildings 1,3,5,7 and 9 showing as to each Unit the vertical and horizontal boundaries,the location of all such Units,and the number and dimensions of all such Units. The provisions regarding Phase 1 shall be effective immediately to establish Phase 1 (including all Units,Buildings 1,3,5,7 and 9 and other improvements constructed thereon)as a Condominium,under the Act. Subsequent phases (including all Units,Buildings and other improvements constructed thereon)shall not be established as part of the Condominium under the Act until Declarant records an amendment to the Declaration and an amendment to the Survey Map and Plans pursuant to Section 32.2.2(c). (c) Declaration and Survey Map and Plans Amendments. For subsequent phases,Declarant shall execute and record an amendment to this Declaration stating that such phase is established as a Condominium under the Act•and removing that portion of the real property on which the Units being created are located from the Subsequent Phase Property. From and after the recording of said amendment,all Units,Buildings and other improvements constructed thereon,shall constitute a single Condominium pursuant to the Act and the provisions of this Declaration. In conjunction with said amendment to the Declaration,an updated or revised • Survey Map,or Plans,or both,shall be filed. The amendment to the Declaration shall assign an Williamsburg CCRs page 33 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 . f identifying number to each new Unit created,and reallocate the Allocated Interests among all Units. The amendment must describe any Common Elements and any Limited Common Elements thereby created and,in the case of Limited Common Elements,designate the Unit to which each is allocated to the extent required by RCW 64.34.228. (d) Completion.. Declarant shall complete subsequent phases in accordance with the plans and specifications prepared by or for Declarant and as approved by governmental authorities having jurisdiction thereof and by the lender or lenders fmancing the construction of subsequent phases. Improvements within subsequent phases will be reasonably consistent with improvements in Phase 1 in terms of quality of construction. Completion of subsequent phases will be pursued by Declarant as expeditiously as reasonably possible,subject to delays for reasons (including,but not limited to,financing availability,market conditions,labor disputes,material shortages,and acts of God)reasonably beyond the control of Declarant. All improvements for subsequent phases shall be substantially completed before subsequent phases are incorporated into . the Condominium. (e) Allocated Interests. The Allocated Interests for Phase 1 shall be calculated solely with respect to the Units within Phase 1. When subsequent phases are established as part of the Condominium,the Allocated Interests for all Units in the Condominium shall be reallocated as provided in EXHBIT B attached hereto. (7) Assessments. Assessments for Phase 1 shall utilize and be based on the Allocated Interests stated for that phase until subsequent phases are incorporated. The Declarant or Board may upon the activation of subsequent phases,based on the reallocation of Allocation Interests,recompute the budget and the Assessments,and impose the revised Assessments. Notwithstanding the foregoing,Declarant alone is liable for all expenses in connection with property subject to Development Rights except expenses associated with the operation, maintenance,repair and replacement of Common Elements utilized by other Owners. (g) Easements for Phased Development - (i) In addition to the general easements reserved by statute and by reference in other sections of this Declaration,there is reserved a non-exclusive easement in favor of Declarant over and across the Property for ingress and egress and over and across easements, roadways,and utility lines specified or established in and for completed phases,and the right to connect thereto is reserved. Such reservations are for the purpose either of completing subsequent phases,or otherwise developing portions of the land for other purposes if not completed as a Condominium phase. (ii) The easements reserved under this Section shall entitle the • Declarant for development of subsequent phases of the Condominium,or for development and utilization of the lands to have been included in subsequent phases if such lands are utilized for other purposes under the powers reserved to Declarant: to connect with water,sewer,storm sewer,electrical,gas,telephone or other utility lines of all varieties;and to connect with roadways or utility systems developed in connection with established phases. (iii) Declarant shall bear the cost of connections to said utilities and roads and will not connect with said utilities in a manner that impairs or significantly reduces the quality of the utility service to established phases;provided,that if said connections cause an Williamsburg CCRs page 34 of 36 #79413 16242-2 1 P9X01!.DOC 2/05/98 increase in the cost of delivering affected utility services to established phases,that cost shall be borne by the Declarant. (iv) Any land which is withdrawn from the Condominium and which utilizes and benefits from the utility and roadway easements reserved to Declarant hereunder,shall pursuant to an irrevocable covenant running with the land be obligated to pay a pro rata share (based on the relative number of Units)of the costs of subsequent repairs,maintenance and operation of said utilities and roadways. (h) Liens Arising in Connection with Phases. At the time the amendment incorporating any subsequent phase into the Condominium is made,no lien arising in connection with the Declarant's ownership of,and construction of improvements as part of subsequent phases adversely affect the rights of existing Unit Owners or the priority of Mortgages on Units in the existing Condominium Property. All taxes,assessments,mechanics liens,and other charges affecting subsequent phases will be paid or otherwise satisfactorily provided for by the Declarant. (i) Withdrawal of Subsequent Phases. If,despite the good faith efforts of Declarant,and for reasons(including,but not limited to,financing availability,market conditions, labor disputes,material shortages and acts of God)beyond the reasonable control of Declarant, any subsequent phase is not completed,then Declarant at any time may elect not to incorporate any subsequent phase into the Condominium. To effectuate the foregoing,Declarant,upon its sole signature and without further consent of any of the other Owners being required,may file such amendment to this Declaration and to the Survey Map and Plans as is necessary to withdraw all or a portion of the Subsequent Phase Property(and improvements constructed thereon)from the provisions of this Declaration and to relinquish Declarant's rights under this Section. In the event Declarant should exercise its rights under this Section to withdraw Subsequent Phase Property,from the provisions of this Declaration,then: established phases of the Condominium shall thereafter continue to constitute a complete,fully operational Condominium;withdrawn land (and improvements thereon)may be used for any other lawful purpose in Declarant's discretion; and the easements provided for in this Section shall continue for the benefit of the Declarant for the development and utilization of any withdrawn land. Declarant reserves the right to execute any application or document on behalf of the Unit Owners and the Association necessary to segregate any such Property and to effectuate any such withdrawal. (j) Limitation of Declarant's Rights. (i) If all phases are completed,the Condominium shall include not more than 62 Units. (ii) Notwithstanding any other provision of this Declaration, Declarant's right to add any subsequent Phase by amendments under this Section shall expire seven(7)years after initial Declaration recording. ARTICLE 33. SEVERABILITY The provisions of this Declaration shall be independent and severable,and the enforceability of any one provision shall not affect the enforceability of any other provision,if the remainder complies with the Condominium Act or,as covenants,affect the common plan. Williamsburg CCRs page 35 of36 #79413 16242-2 1 P9X01!.DOC 2/05/98 • ARTICLE 34. REFERENCE TO SURVEY MAP AND PLANS The Survey Map and Plans for this Condominium were filed with the Division of Records and Elections of King County,Washington,simultaneously with the recording of this Declaration under Recording No. ,Volume of Condominiums,pages through EXECUTED as of the day of. , 1997. DECLARANT: KENNYDALE VISTA,L.L.C., a Washington limited liability company By Its STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me ,to me known to be the of KENNYDALE VISTA,L.L.C.,the Washington limited liability company that executed the foregoing instrument,and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company,for the uses and purposes therein mentioned,and on oath stated that[he/she]was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires Williamsburg CCRs page 36 of 36 #79413 16242-2 1P9X0ILDOC 2/05/98 ExHIBIT A DESCRIPTION OF LAND A. DESCRIPTION OF LAND SUBJECT TO THIS DECLARATION: PARCEL A: Lots 1 and 2,Block 3,C.D.Hillman's Lake Washington Garden of Eden Addition.to Seattle,Division No.7,according to the plat thereof recorded in Volume 16 of Plats, page 18,in King County,Washington; EXCEPT the south 80 feet of Lot 2; TOGETHER WITH that portion of Lincoln Place Northeast and Northeast 41st Street (SE 83rd Street),adjacent,vacated under City of Renton Ordinance No.2961,which attaches by operation of law. PARCEL B: Lot 8,Block 2,C.D.Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No.7,according to the plat thereof recorded in Volume 16 of Plats,page 18,in King County,Washington; TOGETHER WITH that portion of Northeast 41st Street(SE 83rd Street),vacated under City of Renton Ordinance No.2961,which attaches by operation of law. B. LAND ON WHICH SUBSEQUENT PHASE BUILDINGS MAY BE CONSTRUCTED: As shown on the Survey Map and Plans. C. MISCELLANEOUS: 1. Description of Property which may be allocated by Declarant as Limited Common Elements: Property described above. 2. Description of Property subject to Development Rights or Special Declarant Rights: Property described above. 3. Parking for Condominium: a. Parking spaces which are within Units: 88 b. Uncovered guest parking 16 c. Limited Common Elements spaces(enclosed): 32 TOTAL 136 4. Public street to which Common Elements have direct access: North 40th Street,Renton,Washington. • 5. Moorage slips:. NONE. Williamsburg CCRs E HmrrA 07941316242-2.1P9X011.DOC 2/09/98 • • EXHIBIT B WILLIAMSBURG CONDOMINIUMS UNIT DESCRIPTION/PARKING AND STORAGE ASSIGNMENTS PHASE I Area Allocated Parking Storage Unit' Unit Data2 Type3 (Sq.Ft.)4 Interests Space Space Fireplace A-1 2 BR,2'/2 BA A 1,324/600 2 in Unit 0 1 A-2 3 BR,BS BA B 1,468/600 2 in Unit 0 1 A-3 3 BR,2'/2 BA C 1,468/600 2 in Unit 0 1 A-4 2 BR,2%2 BA D 1,272/460 2 in Unit 0 1 A-5 2 BR,2%BA D 1,272/460 2 in Unit 0 1 A-6 2 BR,2'/2 BA D 1,272/460 2 in Unit 0 1 A-7 2 BR,21/2 BA E 1,330/454 2 in Unit 0 1 A-8 2 BR,2'/2 BA E 1,330/454 2 in Unit 0 1 • A-9 2 BR,2%2 BA E 1,330/454 2 in Unit 0 1 A-10 2 BR,2'h BA E 1,6'54/454 2 in Unit 0 1 F-1 3 BR,2'h BA C 1,468/600 2 in Unit 0 1 F-2 3 BR,2'/2 BA B 1,468/600 2 in Unit 0 1 Units designated with the following prefixes are located in the building as indicated below: A-Building A B-Building B,etc. 2 Legend: BR-bedroom BA-bathroom 3 [Insert legend to Unit types.] 4[REVISE] Square footages are based on the surveyor's certificate upon completion of construction. Square footages will be based on interior surface dimensions(excluding perimeter wall thickness)and may be less than square footages used in advertising brochures which are based on good-faith architectural estimates. s Allocated Interests apply to Common Elements and Common Expenses. (Voting is on a one-vote-per- Unit basis.) See Article 8 for method of calculation. Williamsburg CCRs EXHIBIT B-1 #7941316242-2.1P9X011.DOC 2/09/98 Area Allocated Parking Storage Unit' Unit Data Type3 (Sq.Ft.)4 Interests Space Space Fireplace F-3 2 BR,2%z BA E 1,330/454' 2 in Unit 0 1 F-4 2 BR,2'/z BA E 1,330/454 2 in Unit 0 1 F-5 2 BR,2'/z BA E 1,330/454. 2 in Unit 0 1 F-6 2 BR,2%z BA E 1,654/454 ' 2 in Unit 0 1 B-1 2 BR,2'/z BA D 1,558/460 2 in Unit 0 1 B-2 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 B-3 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 B-4 2 BR,2'/2 BA D 1,272/460 2 in Unit 0 1 B-5 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 B-6 2 BR,2'/z BA D 1,558/460 2 in Unit 0 1 C-1 2 BR,2%z BA D 1,558/460 2 in Unit 0 1 C-2 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 ,' C-3 2 BR,2'/z BA D 1,272/460 2 in Unit 0 1 C-4 2 BR,2Y2 BA D 1,272/460 2 in Unit 0 1 C-5 2 BR,2Y2 BA D 1,272/460 2 in Unit 0 1 C-6 2 BR,2'/z BA D 1,558/460 2 in Unit 0 1 D-1 2 BR,2 BA F 1,070 P-1 0 1 D-2 2 BR,2 BA G 1,194 P-6,7 0 1 D-3 2 BR,2 BA F 1,070 P-16 0 1 D-4 2 BR,2 BA F 1,070 P-4,5 0 1 D-5 2 BR,2 BA G 1,194 P-8,9 0 1 D-6 2 BR,2 BA F 1,070 P-2,3 0 1 D-7 2 BR,2 BA F 1,070 P-14, 15 0 1 D-8 2BR,2BA G 1,194 P-10, 11 0 1 D-9 2 BR,2 BA F 1,070 P-12, 13 0 1 TOTAL 0.0% Williamsburg CCRs EXHIBIT B-2 #79413 16242-2.1P9X011.DOC 2/09/98 • l When Recorded, Return to: HILLIS CLARKMARTIN& PETERSON,P.S. Attention: Steven R. Rovig 500 Galland Building . 1221 Second Avenue Seattle, WA 98101-2925 DECLARATION OF COVENANT REGARDING AIRPORT PROXIMITY Grantor: 1) KENNEYDALE VISTA,L.L.C. 2) 0 Additional on page Grantee: 1) WILLIAMSBURG CONDOMINIUMS 2) 0 Additional on page Legal Description Lots 1 and 2,Block 3 and Lot 8,•Block 2,C.D.Hillman's Lake Washington • (abbreviated): Garden of Eden Addition to Seattle,Div.7,Vol. 16,pg. 18. El Additional on: EXHIBIT A Assessor's Tax Parcel ID#: 334570-0100-02;334570-0076-02 Reference Nos.of Documents Released or Assigned: THIS DECLARATION is made this day of , 1998 by KENNYDALE VISTA,L.L.C. ("Declarant"). RECITALS A. Declarant is the owner of certain real property located in the City of Renton, King County, Washington, and more particularly described on the attached EXHIBIT A("Property"). Declarant is constructing a residential condominium project on the Property to be known as Williamsburg Condominiums ("Project"). B. The City of Renton has required Declarant to record a covenant in connection with development of the Project regarding the Project's proximity to the Renton Municipal Airport. Accordingly,Declarant desires to record such a covenant as set forth herein. KenneydalelWilliamsburg Covenant page 1 of 2 #79465 16242-2 1PBD01!.DOC 2/05/98 DECLARATION 1. COVENANT. For the purpose of providing notice to purchasers of condominium units within the Project, Declarant hereby declares that the Property is within 10,000 feet of the Renton Municipal Airport and that the Property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. 2. COVENANT RUNNING WITH THE LAND. The covenant contained herein shall be deemed a covenant running with the land and shall inure to the benefit of, and shall be binding upon, all persons having a right,title or interest in such land and their respective successors, grantees,heirs and assigns. EXECUTED the day and year first above written. DECLARANT: KENNYDALE VISTA,L.L.C. By Name: Title: STATE OF WASHINGTON ss. COUNTY OF KING • On this day personally appeared before me to me known to be the of KENNYDALE VISTA,L.L.C.,the Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires Kenneydale/Williamsburg Covenant page 2 of 2 #79465 16242-2 1PBDOILDOC 2/05/98 - \ . . EXHIBIT A LEGAL DESCRIPTION PARCEL A: Lots 1 and 2,Block 3, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 7,according to the plat thereof recorded in Volume 16 of Plats,page 18, in King County, Washington; EXCEPT the south 80 feet of Lot 2; • TOGETHER WITH that portion of Lincoln Place Northeast and Northeast 41st Street(SE 83rd Street), adjacent,vacated under City of Renton Ordinance No. 2961,which attaches by operation of law. PARCEL B: • Lot 8,Block 2, C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 7, according to the plat thereof recorded in Volume 16 of Plats,page 18, in King County, Washington; TOGETHER WITH that portion of Northeast 41st Street(SE 83rd Street), vacated under City of Renton Ordinance No. 2961,which attaches by operation of law. Kenneydale/Williamsburg Covenant Exhibit A 479465 16242-2 1PBD01!.DOC 2/05/98 ARTICLES OF INCORPORATION OF WILLIAMSBURG CONDOMINIUM ASSOCIATION -In compliance with the requirements of RCW ch.24.03 relating to nonprofit corporations,the undersigned, who is a resident of the State of Washington,and who is of legal age,has this day formed a corporation,not for profit,and does hereby make,subscribe,execute and adopt, in duplicate,the following Articles of Incorporation and does hereby certify: ARTICLE 1 NAME The name of the corporation is Williamsburg Condominium Association. ARTICLE 2 REGISTERED OFFICE The initial registered office of the Association shall be located at 4739 University Way N.E.,Suite 1607, Seattle,Washington 98105. ARTICLE 3 REGISTERED AGENT Mark Goldberg,whose address is 4739 University Way N.E.,Suite 1607,Seattle,Washington 98105,shall be the initial registered agent of the Association. ARTICLE 4 PURPOSE AND POWERS OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members thereof,no dividends shall be paid,and no part of the income of the Association shall be distributed to its members,directors,or officers. The purposes for which the Association is organized are to provide an entity pursuant to the Washington Condominium Act(RCW ch.64.34)("Condominium Act"),for the operation of Williamsburg Condominiums("Condominium"), located in King County,Washington,and to engage in all such activities as are incidental or conducive to the attainment of the objectives of the Association and all activities which are permitted to be done by a nonprofit corporation under any laws that may now or hereafter be applicable or available to the Association. The powers of the Association shall be subject to and exercised in accordance with the provisions of the Declaration and Covenants,Conditions,Restrictions and Reservations for Williamsburg Condominiums("Declaration"),as recorded ' in the records of King County,as it may from time to time be amended. ARTICLE 5 MEMBERSHIP The Association shall have one class of members which shall consist of the Owners of the Units in the Condominium. All members shall have rights and duties as specified in the Declaration,and in these-Articles of Incorporation,the Bylaws,and the rules and regulations of the Association. FRI /998 DE„„,,. VJEfV7 CITYOFR ANNING EW TON Williamsburg Condominiums-Articles of Incorporation page 1 of 4 #79414 16242-2 1P9Y01!.DOC 2/05/98 ARTICLE 6 VOTING Each Owner shall have(1)vote for each Unit owned by such Owner. Each Owner shall designate to the Secretary of the Association in writing one person,known as the Voting Member,to cast the.vote or votes: appertaining to the respective Unit. Voting and the granting of proxies shall be as provided in the Bylaws and in the Declaration. ARTICLE 7 DECLARANT CONTROL . .- - During the period of Declarant Control of the Condominium,the Declarant shall,at its option,have and exercise all of the rights and powers of the Association as provided in the Declaration. ARTICLE 8 • BOARD OF DIRECTORS The affairs of the Association shall first be managed by a board of two(2)directors,who need not be members of the Association. The number of directors may be changed as provided in the Bylaws of the Association;provided,however,there shall not be fewer than two(2)directors. The names and addresses of the persons who are to act in the capacity of directors until they are removed,resign or until the selection of their successors are: Name • Address Mark Goldberg 4739 University Way N.E., Suite 1607 Seattle,WA 98105 Allen Bauman 4020 Lake Washington Blvd,Suite 103 Kirkland,WA 98027 ARTICLE 9 INCORPORATOR The name and address of the incorporator of the Association is: Mark Goldberg 4739 University Way N.E.,Suite 1607 Seattle,WA 98105 ARTICLE 10 LINIITATION OF DIRECTORS' LIABILITY No director shall have liability to the Association or its members for monetary damages for conduct as a director,except for acts or omissions that involve intentional misconduct by the director,or a knowing violation of law by the director,or for any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled. If the Washington Nonprofit Corporation Act as currently enacted or as hereafter amended authorizes corporate action further eliminating or limiting the personal liability of directors,then the liability of the directors of the Association shall be eliminated or limited to the full extent permitted by the Washington Nonprofit Corporation Act,as so amended. Any repeal or modification of this Article shall not adversely affect any right of protection of any director.of the Association existing at the time of such repeal or modification for or with respect to any act or omission of such director occurring prior to such repeal or modification. Williamsburg Condominiums-Articles of Incorporation page 2 of 4 #79414 16242-2 1 P9Y011.DOC 2/09/98 • ARTICLE 11 INDEMNIFICATION To the full extent permitted by the Washington Nonprofit Corporation Act and the Condominium Act,each member of the Board of Directors;each member of an Association committee,each officer of the Association,the - . _. Declarant who filed the Declaration and the Managing Agent of the Association shall be indemnified by the Association against all expenses and liabilities,including attorneys' fees,reasonably incurred by or imposed in connection with any proceeding to which he or she may be a party or in which he or she may become involved by reason or holding or having held such position,or any settlement thereof,whether or not he or she holds such position at the time such expenses or liabilities are incurred,except to the extent such expenses and liabilities are .. covered by insurance and except in such cases wherein such person is adjudged guilty of willful misfeasance in the performance of his duties;provided that,in the event of a settlement,the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association.Nothing herein shall,however,be deemed to obligate the Association to indemnify any owner of a Unit under the'Declaration who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by such owner under and by virtue of the Declaration as an owner of a Unit covered thereby. ARTICLE 12 DURATION The period of existence of the Association shall be perpetual. ARTICLE 13 AMENDMENTS Amendment of these Articles shall require the assent of the members having sixty-seven percent(67%)of the total voting power of the Association. ARTICLE 14 DISSOLUTION On dissolution or final liquidation of the Association,the assets of the Association shall be distributed among the members of the Association in accordance with the Declaration and the Condominium Act. ARTICLE 15 DEFINITIONS AND INTERPRETATION The terms used in these Articles of Incorporation shall have the same meaning as in the Declaration unless specifically indicated to the contrary. In the case of any conflict between the Articles of Incorporation and the Bylaws,the Articles of Incorporation shall control. In the case of any conflict between the Articles of Incorporation and the Declaration,the Declaration shall control. EXECUTED this day of , 1998. Mark Goldberg • Williamsburg Condominiums-Articles of Incorporation page 3 of 4 #79414 16242-2 1 P9Y01!.DOC 2/05/98 CONSENT TO SERVE AS REGISTERED AGENT Mark Goldberg,hereby consents to serve as Registered Agent in the State of Washington for Williamsburg Condominium Association. It is understood that,as agent for the Association,Mark Goldberg will have the responsibility to receive service of process in the name of the Association;to forward all mail to the Association; and to immediately notify the office of the Secretary of State in the event of his resignation,or of any changes in the registered office address of the Association for which he is agent. DATED this day of , 1998. Mark Goldberg Address: 4739 University Way N.E.,Suite 1607 Seattle,Washington 98105 • Williamsburg Condominiums-Articles of Incorporation page 4 of 4 #79414 16242-2 1P9Y01!.DOC 2/05/98 M • } et Y 014 WILLIAMSBURG CONDOMINIUMS PUBLIC OFFERING STATEMENTVt. The following notices and information are provided to purchasers of Units within Williamsburg Condominiums-("Condominium")pursuant to the Washington Condominium Act,RCW ch.64.34,("Act")by Kennydale Vista,L.L.C.,the developer of the Condominium,referred to herein as the"Declarant." A. PURCHASER'S RIGHT TO SEEK LEGAL COUNSEL This Public Offering Statement is only a summary of some of the significant aspects of purchasing a Unit in this Condominium. The Condominium documents are complex,contain other important information, and create binding legal obligations. You should consider seeking the assistance of legal counsel. B. WARRANTIES A purchaser may not rely on any representation or express warranty unless it is contained in the Public Offering Statement or made in writing signed by the Declarant or by any person identified in the Public Offering Statement as the Declarant's agent. C. PURCHASER'S RIGHT TO CANCEL 1. The purchaser of a Unit in this Condominium is entitled to receive a copy of this Public Offering Statement and all material amendments hereto before conveyance of the Unit. Unless a purchaser is. given the Public Offering Statement more than seven days before execution of a contract for the purchase of a Unit,the purchaser,before conveyance,shall have the right to cancel the contract within seven days after first receiving the Public Offering Statement. If necessary in order to have seven days to review the Public Offering Statement and cancel the contract,the purchaser may extend the closing date for conveyance of the Unit to a date not more than seven days after first receiving the Public Offering Statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment to the Public Offering Statement unless the purchaser would have that right under generally applicable legal principles. 2. If a purchaser elects to cancel a contract,the purchaser may do so by hand delivering notice thereof to the Declarant or by mailing notice thereof by prepaid United States mail to the Declarant or Declarant's agent for service of process. Cancellation,in accordance with this Section C,is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly. The address of the Declarant to which any such notice of cancellation should be delivered or mailed is: Kennydale Vista,L.L.C. do M.S.Cavoad Co. 4739 University Way N.E.,#1607 Seattle,WA 98105 • D. INFORMATION ABOUT WILLIAMSBURG CONDOMINIUMS This part of the Public Offering Statement contains specific information about this Condominium project which has been prepared by the Declarant. The Declaration and Covenants,Conditions,Restrictions and Reservations for Williamsburg Condominiums to be recorded in the real estate records of King County is referred to herein as.the"Declaration." ��� ��D WilliamsburgCondominiums Public Offering Statement ������� �� PLANNING page 1 Rc'NTO P g #7941216242- 1P9W01!.DOC 2/09/98 f g CITY OF N • 1. Condominium. The name and address of the Condominium is: Williamsburg Condominiums 4000 Lincoln Avenue N.E. Renton,WA 98056 2. Declarant. The Declarant's name and address is: Kennydale Vista,L.L.C. do Polygon Management 4020 Lake Washington Blvd,Suite 103 Kirkland,WA 98027 3. Management Company. The name and address of management company is: Suhrco Residential Properties LLC 10655 N.E.4th,Suite 711 Bellevue, WA 98004 4. Relationship of Management Company and Declarant. The relationship,if any,of the management company to Declarant is: NONE. 5. Other Declarant Condominium Projects. The following condominium projects are the most recent projects completed by affiliates of the Declarant within the past five years: 6. Interest Offered. The nature of the interest being offered for sale is fee simple. 7. Uses. Units and common elements may be used for residential purposes only,on an ownership,rental or lease basis and for common social,recreational or other reasonable uses incidental to residential uses. Such incidental uses may include home offices to the extent permitted by the City of Renton. Refer to Article 10 of the Declaration for further information. 8. Number of Units. The Condominium will include no more than 62 residential units. 9. Amenities. Common amenities which materially affect the value of the Condominium are: Guest parking;landscaped open areas;a clock tower;and a gazebo mailroom. 10. Limited Common Elements. The limited common elements assigned to the Condominium Units offered for sale are: Balconies and/or decks,depending on the Unit;and parking spaces for flats. Townhouse Units contain garages within the Unit. Refer to Article 6 of the Declaration for further information. Williamsburg Condominiums Public Offering Statement page 2 #79412 16242-2 1P9W01!.DOC 2/09/98 • 11. Access to Common Elements By Others. Except as provided in Article 32 of the Declaration in connection with the development of this Condominium and except as follows,there are no access rights to the Common Elements for owners of other land. 12. Owner Access to Other Property. Unit owners have access to the following real property,not located within the Condominium: NONE.. 13. Project Completion. Based on best estimates,but not guaranteed,each Unit and Common Elements necessary to make the Unit habitable will be substantially complete and available for legal occupancy as provided in the purchase and sale agreement for such Unit. 14. Monthly Assessment. Once Declarant commences assessments in accordance with Section 17.3 of the Declaration estimated assessments for each Unit will be as shown on EXHIBIT A. 15. Assessment Due at Closing. An amount equal to two months' assessments as shown on EXHIBIT A as a working capital fund deposit pursuant to Section 17.2 of the Declaration. In addition,a pro rata portion of one month's assessment if Declarant has commenced assessments. 16. Other Fees. NONE. 17. Governmental Assessments. The following assessments have been agreed to or are known by Declarant which,if not paid or performed,may constitute a lien against any Units or common elements in favor of a governmental agency: No other assessments are known to Declarant,except as may be disclosed in the Condominium budget. 18. Maintenance of Limited Common Elements. Each Owner must maintain his or her Unit and the Limited Common Elements allocated to such Unit. See Section 10.3 of the Declaration for additional information. 19. Timesharing. Timesharing of Units is prohibited.. 20. Model Units. (a) Declarant may designate one or more Units as a model Unit until it is sold. However,any Unit being considered for purchase will be made available for inspection. (b) Units have material differences in floor plans,internal dimensions,view and location. Interior finish work such as flooring may also vary from Unit to Unit. Purchasers should carefully compare the Unit being purchased to the model Unit or any other Unit examined by Purchaser. (c) The model Unit may be partially furnished and decorated. However,furnishings and interior decorations are not included in the sale of any Unit. 21. Physical Hazards. Declarant is aware of the following physical hazards which particularly affect the Condominium or immediate vicinity in which the Condominium is located which are not readily ascertainable by the purchaser: NONE. 22. Warranties. In addition to implied warranties of the Units provided by the Act,see the attached EXHIBIT B. 23. Right of First Refusal. Unit owners have the right of first refusal to lease or purchase the following property: NONE. Williamsburg Condominiums Public Offering Statement page 3 #79412 16242-2 1P9W011.DOC 2/09/98 - 24. Liens. Pursuant to RCW 64.34.435(2)(b),the following are liens on real property that is to be conveyed to the Association: NONE. 25. Legal Proceedings. (a) The following are unsatisfied judgments or pending suits against the Association: NONE. (b) The following are pending suits material to the Condominium of which the Declarant has actual knowledge: NONE. (c) The following is a description of litigation brought by an owners' association,Unit owner,or governmental entity in which the Declarant or any affiliate of the Declarant has been a defendant, arising out of the construction,sale or administration of any condominium within the previous five years,together with the results thereof,if known: NONE. 26. Conversion Building. As defined by the Washington Condominium Act,this Condominium is not a conversion project. 27. Insurance. The extent to which the insurance provided by the Association covers furnishings,fixtures and equipment located in the Unit is governed by the Association's policy as it may be modified from time to time. Various provisions of the Association's policy and possible endorsements thereto may expand or restrict coverage. Each purchaser should review the Association's policy with his or her insurance advisor to determine the coverage of the Association's policy and the extent and type of coverage advisable for the purchaser's personal insurance policy. 28. Purchase Documents. Prior to commencement of the rescission period,the purchaser is entitled to receive from the Declarant,the following documents: Declaration;Survey Map and Plans;Articles of Incorporation of the Association;Bylaws of the Association;Current or Proposed Budget for the Association;Balance Sheet of the Association current within ninety(90)days if assessments have been collected for ninety(90)days or more;and House rules,if any. If any of the foregoing documents are not available because they have not been executed,adopted or recorded,drafts of such documents shall be provided. Before closing the sale of a Unit,the purchaser shall be given copies of any material changes to such drafts. 29. Development and Special Declarant Rights. The following is a list of all development and special Declarant rights reserved to the Declarant: Declarant's Development Declaration and/or Special Rights Reference Subdivide or Combine Units §32.2.2 Create Limited Common Elements § 32.2.1 Complete Units/Common Elements §32.1.1 Exercise development rights regarding parking and storage §32.2 Maintain sales offices §32.1.2 Using easements through the project §§32.2.2 and 32.5 Williamsburg Condominiums Public Offering Statement page 4 #79412 16242-2 1P9W01!.DOC 2/09/98 - , I1 .3 Unless voluntarily terminated by Declarant at an earlier date,the foregoing rights shall continue so long as Declarant is completing improvements which are within the Condominium,or Declarant owns any Units, or any development or special Declarant rights remain in effect,unless otherwise stated above;provided Declarant's rights to withdraw property from the Condominium shall terminate seven years after the recording of the Declaration. 30. Insulation Data. Area .Type Thickness R-Value WALLS(EXTERIOR) • CORRIDOR WALLS(INTERIOR) CEILINGS(INTERIOR) CEILINGS(AT ROOF) FLOORS(AT PARKING) FLOORS(AT CRAWL SPACE) FLOORS(AT SLAB ON GRADE) INTERIOR PARTY WALLS 31. Additional Information. Additional information and cross-references which Declarant believes helpful in describing the Condominium: Pursuant to the requirements of the City of Renton,the Condominium is subject to a covenant providing notice to all purchasers of Condominium Units that the Property is within 10,000 feet of the Renton Municipal Airport and that the Property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. DATED this day of , 1998. DECLARANT: KENNYDALE VISTA,L.L.C., a Washington limited liability company By • Its I • Williamsburg Condominiums Public Offering Statement page 5 • #794I2 16242-2 1P9W01!.DOC 2/09/98 EXHIBIT A ESTIMATED UNIT ASSESSMENTS Phase I • Estimated Working Estimated Monthly Capital Contribution Unit Allocated Interest' Assessments2 at Closing3 A-1 A-2 A-3 A-4 • A-5 A-6 A-7 • A-8 A-9 A-10 • F-1 F-2 F-3 F-4 F-5 F-6 B-1 B-2 B-3 B-4 Allocated Interests apply to Common Elements,Common Expenses and Voting. See Article 8 of the Declaration for method of calculation. 2 Current month's assessment,if any,shall be prorated between Seller and Buyer at Closing. 3 Equals twice the estimated monthly assessments. Williamsburg Condominiums Public Offering Statement Exhibit A—I #79412 16242-2 1P9W01!.DOC 2/09/98 Estimated Working Estimated Monthly Capital Contribution • Unit Allocated Interest' Assessments2 at Closing3 B-5 B-6 C-1 C-2 C-3 C-4 C-5 C-6 D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8 D-9 TOTAL 100.0% N/A Williamsburg Condominiums Public Offering Statement Exhibit A—2 #79412 16242-2 IP9W01!.DOC 2/09/98 • EXHIBIT B EXPRESS WARRANTIES OF QUALITY 1. CONDITION UPON CONVEYANCE/POSSESSION. Declarant warrants that a Unit will be in at least as good condition at the earlier of the time of conveyance or delivery of possession as it was at the time of execution of a purchase and sale agreement,reasonable wear and tear and damage by casualty or condemnation excepted. 2. SUITABLE FOR RESIDENTIAL USE. Declarant warrants that the Unit and the Common Elements in the Condominium are suitable for the ordinary uses of a residential condominium and that such residential use does not violate applicable law at the earlier of the time of conveyance or delivery of possession. 3. QUALITY OF CONSTRUCTION. • Declarant warrants that any improvements made or contracted for by the Declarant before the creation of the Condominium were at the time made: free from defective materials;and constructed in accordance with law applicable when improvements were made,according to sound engineering and construction standards,and in a workmanlike manner. Declarant makes no warranty with respect to improvements made or contracted for by someone other than Declarant. . 4.. APPLIANCES AND EQUIPMENT. As the sole warranty on appliances and equipment installed in the Unit,Declarant warrants that such appliances and equipment shall be in good operable condition on the date of closing or possession(whichever first occurs);provided,that for any new appliances and equipment installed in connection with the Unit sale,the buyer will also be assigned any manufacturer's warranty • 5. CLAIM PROCEDURE. • Each claim made in connection with a warranty provided hereunder must be made in accordance with the following procedures: a. Unit. As to a Unit,a claim must be made within one(1)year after the date the Buyer acquires title to the Unit,by the Buyer(who shall have sole and exclusive authority to make,compromise and prosecute warranty claims as to the Unit)in writing with a detailed description of the claimed defect. b. Common Element.'As to each Common Element,a claim should be made within one(1)year after the date the first Unit was conveyed to a Buyer other than Declarant by the Association Board(who shall have sole and exclusive authority to make,compromise and prosecute warranty claims as to Common Elements)in writing with a detailed description of the claimed defect. c. Notice Delivery. All notices to Declarant hereunder shall be mailed or delivered to the following address or such other address as Declarant advises the Buyer: Williamsburg Condominiums Public Offering Statement Exhibit B #79412 16242-2 I P9W01!.DOC 2/09/98 Kennydale Vista,L.L.C. do M.S.Cavoad Co. . 4739 University Way N.E.,#1607 Seattle,WA 98105 d. - Resolution of Claim. Declarant shall respond in writing within 30 days after receipt of written notice of such claim. If either party is dissatisfied with the resolution of the claim proposed in Declarant's written response,the parties shall meet within 14 days in an effort to resolve the claim to the mutual satisfaction of the parties. If the claim remains unresolved after such a meeting,the claims shall be resolved pursuant to Section 9 below unless the parties otherwise agree in writing. 6. REMEDY. Declarant,at its option,may either(a)repair,(b)replace,or(c)pay Buyer(with respect to a Unit)or the Association(with respect to Common Elements)for the reasonable cost of such correction,repair or replacement of any defective item covered by this warranty. . 7. EXCLUSIONS. The following items are not included in this warranty: a. Cause Other Than Declarant. Loss or damage caused by anything or anyone other than the Declarant,its employees,agents,suppliers or subcontractors; b. Wear and Tear. Loss or damage caused by normal wear and tear,deterioration,lack of maintenance or Acts of God; c. Landscaping,Etc. Loss or damage to landscaping,driveways,walkways,patios,fences, outbuildings or retaining walls; d. Appliances,Etc. Loss or damage from defects in fixtures,appliances and equipment covered by standard factory or supplier warranties; e. Consequential. Consequential loss or damage; f. Sound; View; Buyer Property. The Unit being purchased by Buyer is located in a multi-family building in an urban environment;accordingly,Declarant makes no warranty or representation as to sound transmission which may arise from activities in any Unit,Common Element or outside the Condominium. Declarant makes no warranty or representation that the view from the Unit will not be obstructed in whole or in part at any time in the future. Any item of property supplied or installed by Buyer is excluded from coverage under this warranty. g. Minor Defects. So long as the Unit and Common Elements are completed substantially in accordance with Declarant's plans and specifications,the following shall not be considered defects due to workmanship or materials:cracking of concrete topping and/or slab;wall cracking and/or door sagging due to building settlement,structural deflection and/or material shrinkage;or,minor deviations and variations from plans and specifications involving paint color,window and floor coverings,countertops and cabinets,appliances, plumbing and electrical fixtures,hardware and other decoration and finish work. 8. PREVENTABLE DAMAGE. All warranties made herein are contingent upon compliance by Buyer and/or the Association with the inspection and maintenance procedures described in a property maintenance manual to be supplied to Buyer and to Williamsburg Condominiums Public Offering Statement Exhibit B #79412 16242-2 1P9W011.DOC 2/09/98 • the Association by Declarant. Any damage which could have been avoided had Buyer or the Association complied fully with the prescribed inspection and maintenance procedures is excluded from the warranties made herein. -.. 9. ARBITRATION. Any dispute,controversy or claim arising out of or in connection with this warranty shall be submitted to and determined by arbitration in the County in which the project is located pursuant to the rules of the American Arbitration Association then in effect. The determination rendered by the arbitrator(s)shall be final,binding and conclusive upon the parties The expense of the arbitration shall be borne equally by the parties;provided,that each party shall pay for and bear the costs of its own experts,evidence and attorneys' fees. 10. LIMITATION. This warranty represents the complete"limited warranty"of the Declarant and it may.not be changed, altered or extended in any way without the express prior written consent of the Declarant. 11. NON-ASSIGNABILITY. Except as otherwise provided by the Washington Condominium Act,neither the benefits nor the obligations contained in this warranty may be assigned by either party. Williamsburg Condominiums Public Offering Statement Exhibit B #79412 16242-2 1P9W011.DOC 2/09/98 ACKNOWLEDGMENT In connection with the purchase of Unit in the above-described Condominium,Purchaser acknowledges receipt,and the Selling Agent certifies delivery,of the following: Purchaser's Date of Initials Description of Document Document Public Offering Statement("POS") / /98 N/A POS Amendment(s) N/A Declaration //98 N/A Declaration Amendment(s) N/A Survey Map and Plans / /98 Association Articles of Incorporation / /98 Association Bylaws / /98 N/A Association Rules and Regulations N/A N/A Association Balance Sheet N/A Association Budget //98 Purchaser and Selling Agent further acknowledge: that Selling Agent neither has authority to make,nor has made,any representation or promise on behalf of the Seller;and that Seller is only liable for representations and promises contained either in the POS or other written document signed by the seller. PURCHASER: DATED: By DATED: By SELLING AGENT: DATED: By INSTRUCTIONS TO SELLING AGENT Upon delivery of the POS to the Purchaser,the above-acknowledgment must be: (i)fully completed;(ii)signed by the Purchaser and Selling Agent;and(iii)returned to the Listing Agent. Purchase and Sale Agreements will not be accepted by Seller unless accompanied by the Purchaser's written acknowledgment of receipt of the foregoing documents. Williamsburg Condominiums Public Offering Statement Acknowledgment #79412 16242-2 1 P9W01!.DOC 2/09/98 41_04 BYLAWS OF WILLIAMSBURG CONDOMINIUM ASSOCIATION ARTICLE 1. OBJECT AND DEFINITIONS 1.1. Purpose. The purpose for which Williamsburg Condominium Association("Association")is formed is to govern the Condominium established by the Declaration and Covenants,Conditions,Restrictions,and • Reservations for Williamsburg Condominium("Declaration")as recorded in the records of King County. 1.2. Assent. All present or future Owners,tenants,future tenants,or any other person using the facilities of the Condominium in any manner are subject to the regulations set forth in these Bylaws and in the Declaration. The mere acquisition or rental of any Unit in the Condominium("Unit")or the mere act of occupancy of any Unit shall constitute ratification of these Bylaws. 1.3. Definitions. Unless otherwise specified,all terms shall have the same meaning in these Bylaws as such terms have in the Declaration. The terms"Owners".and"Members"as used herein shall be synonymous. In addition,the term"Director"shall mean any member of the Board of Directors of the Association. ARTICLE 2. MEMBERSHIP,VOTING,MEETINGS AND ADMINISTRATION 2.1. Matters Governed by Declaration. With regard to various matters including membership, meetings and voting,reference is made to Article 13 of the Declaration. 2.2. Annual and Special Meetings. There shall be an annual meeting of the Members of the Association in the first quarter of each year. Special meetings of the Association may be called at any time by the president,a majority of the Board,or Owners having twenty percent(20%)or more of the votes in the Association, for the purpose of considering matters which require the approval of all or some of the Owners,or for any other reasonable purpose. Annual and special meetings shall be held at such reasonable place and time as may be designated by no less than ten(10)or more than sixty(60)days'written notice from the Board in the case of an annual meeting or from the party calling a special meeting. 2.3. Additional Administrative Provisions. 2.3.1 Majority of Owners. As used in these Bylaws,the term"Majority of Owners"shall mean those Owners holding fifty-one percent(51%),or more,of the total votes of the Association. 2.3.2 Quorum. Except as otherwise provided in these Bylaws,the presence at the beginning of any meeting,in person or by proxy,of Owners holding at least forty percent(40%)of the total votes of the Association shall constitute a quorum. An affirmative vote of Owners holding a majority of the total votes present, either in person or by proxy,shall be required to transact business;provided,however,that no Director shall be removed unless a Majority of Owners vote affirmatively therefor. 2.3.3 Proxies. Votes may be cast in person or by proxy. Proxies shall be in writing and the signatures must be witnessed or acknowledged. Proxies must be filed with the Secretary before the appointed time of each meeting. A proxy is void if it is not dated or purports to be revocable without notice. Notice of revocation is valid only if actually given to person presiding over a meeting of the Association. No proxy shall be valid for a period longer than eleven(11)months after the date thereof. ReCp Vet n .. LCV 9`415r16242 1P9Z01I.DOC 2/05/98 bC17y0FRTP•NNIN page I of 7 eVTON • Z.3.4 Voting by Mail. The Board may decide that voting of the Members shall be by mail with respect to any particular election of the Board or with respect to adoption of any proposed amendment to the Declaration or Bylaws,or with respect to any other matter for which approval by Owners is required by the Declaration or Bylaws,in accordance with the following procedure: . (a) . In case of election of Directors by mail,the existing Directors shall advise the Secretary in writing of the names of proposed Directors sufficient to constitute a full Board and of a date at least fifty(50)days after such advice is given by which all votes are to be received. The Secretary within five(5)days after such advice is given shall give written notice to all Owners of the number of Directors to be elected and of the names of the nominees. The notice shall state that any such Owner may nominate an ., additional candidate or candidates,not to exceed the number of Directors to be elected,by notice in writing to the Secretary at the specified address of the principal office of the Association,to be received on or before a specified date fifteen(15)days from the date the notice is given by the Secretary. Within five(5) days after such specified date,the Secretary shall give written notice to all Owners,stating the number of. Directors to be elected,stating the names of all persons nominated by the Board and by the Members on or before said specified date,stating that each Owner may cast a vote by mail and stating the date established by the Board and by which such votes must be received by the Secretary at the address of the principal office of the Association,which shall be specified in the notice. Votes received after that date will not be effective. All persons elected as Directors pursuant to such an election by mail by receipt of the number of votes required by applicable law shall take office effective on the date specified in the notice for the receipt of such votes. (b) In the case of a vote by mail relating to any other matter,the Secretary shall give written notice to all Owners,which notice shall include a proposed written resolution setting forth a r description of the proposed action,and shall state that such persons are entitled to vote by mail for or• against such proposal and stating a date not less than twenty(20)days after the date such notice shall have been given on or before which all votes must be received and stating that they must be sent to the specified address of the principal office of the Association. Votes received after that date shall not be effective. Any such proposal shall be adopted if approved by the affirmative vote of not less than a majority of the votes entitled to be cast on such question,unless a greater or lesser voting requirement is established by the Declaration or Bylaws for the matter in question. (c) Delivery of a vote in writing to the principal office of the Association shall be equivalent to receipt of a vote by mail at such address for the purpose of this Section 2.3.4. 2.3.5 Adjourned Meeting. If any meeting of the Owners cannot be organized because a quorum has not attended,the.Owners who are present either in person or by proxy,may adjourn the meeting to a time not less than forty-eight(48)hours from the time the original meeting was called. 2.3.6 Order of Business. The order of business at all meetings of the Owners of Units shall be as follows: A. Roll call. B. Proof of notice of meeting or waiver of notice. C. Reading of minutes of preceding meeting. D. Reports of officers. E. Reports of committees. F. Election of Directors(annual meeting only). Williamsburg Bylaws page 2 of 7 #79415 16242-2 1 P9Z01 l.DOC 2/05/98 G. Unfmished business. H. New business. . ARTICLE 3. MANAGEMENT OF CONDOMINIUM 3.1. In General. With regard to initial management by the Declarant-appointed Board,the transfer of management to the permanent Board,and the Board's authority,reference is made to Article 15 of the Declaration. After the period of Declarant control ends,the affairs of the Association shall be governed by a Board which shall be composed of three(3)Directors,a majority of whom must be Owners of Units in the Condominium. In accordance with the Declaration,the Board may delegate to Managing Agent such of the Board's powers and duties as it deems advisable for the proper management and operation of the Condominium. 3.2. Additional Provisions Regarding Board 3.2.1 Election and Term of Office. Within thirty(30)days after the Transition Date,the Members shall elect two(2)Directors for a term of two(2)years and one(1)Director for a term of one(1)year. At each annual meeting thereafter,the Members shall elect a Director or Directors to fill vacancies occurring through expiration of terms for a term of two(2)years. 3.2.2 Removal of Directors. At any regular meeting or at any special meeting called for that purpose,any one or more of the Directors may be removed with or without cause,by a majority of Owners,and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been so proposed by the Owners shall be given an opportunity to be heard at the meeting. Notwithstanding the above,until the period of Declarant control ends,only Declarant shall have the right to remove a Director. 3.2.3 Vacancies. Vacancies on the Board caused by any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors,even though they may constitute less than a quorum;and each person so elected shall be a Director until a successor is elected at the next annual meeting of the Association. 3.2.4 Organization Meeting. The first meeting of a newly elected Board shall be held immediately following the annual meeting and no notice to the newly elected Directors shall be necessary in order legally to constitute such meeting,provided a majority of the whole Board shall be present. 3.2.5 Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined,from time to time,by a majority of the Directors,but at least two(2)such meetings shall be held during each fiscal year and one(1)such meeting shall be held immediately following the annual meeting of Owners. Notice of regular meetings of the Board shall be given to each Director,personally or by mail or telephone,at least three(3)days prior to the day named for such meeting. 3.2.6 Special Meetings. Special meetings of the Board may be called by the President on three (3)days' notice to each Director,given personally,or by mail,facsimile or telephone,which notice shall state the time,place(as hereinabove provided),and purpose of meeting. Special meetings of the Board shall be called by the President or Secretary in like manner and on like notice on the written request of at least two(2)Directors. • 3.2.7 Waiver of Notice. Before,at or after any meeting of the Board,any Director may,in writing,waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board,no notice shall be required and any business may be transacted at such meeting. • Williamsburg Bylaws page 3 of 7 #79415 16242-2 1P9Z01!.DOC 2/05/98 • 3.2.8 Quorum. At all meetings of the Board,a.majority of directors shall constitute a quorum for the transaction of business,and the acts of a majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board. If,at any meeting of the Board,there be less than a quorum present,the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting,any business which might have been transacted at the meeting as originally called may be transactedwithout,further notice. 3.2.9 Fidelity Bonds. The Board may require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds or insurance. The premiums on such bonds shall be paid by the Association. ARTICLE 4. OFFICERS 4.1. Designation. The officers of the Association shall be a President,a Vice President,a Secretary and a Treasurer. 4.2. Election-of Officers. The officers of the Association shall be elected annually by the Board at the organization meeting of each new Board and shall hold office at the pleasure of the Board. Any person may hold concurrently any two offices,except that the same person may not concurrently hold the offices of President and Secretary. The office of Vice President need not be filled. The Board may elect officers from among its members, or otherwise. 4.3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board,any officer may be removed,with or without cause,and his successor elected at any regular or special meeting of the Board called for such purpose. 4.4. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and the Board. He shall have all of the general powers and duties which are usually vested in the office of the president of a nonprofit association including,but not limited to,the power to appoint committees from and among the Directors and Owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. The President shall have the power to prepare,execute,certify and record amendments to the Declaration on behalf of the Association. 4.5. Vice President. The Vice President shall have all the powers and authority and perform all of the functions and duties of the President in the absence of the President or his inability for any reason to exercise such powers and functions or perform such duties. 4.6. Secretary. The Secretary shall keep the minutes of meetings of the Board and minutes of meetings of the Association;he shall have charge of such books and papers as the Board may direct;and he shall in general perform all the duties incident to the office of Secretary. The Secretary shall compile and keep up to date a complete list of Members and their registered mailing addresses. Such list shall also show opposite each Member's name the number or other appropriate designation of the Unit owned by such Member. Such list shall be open to inspection by Members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours. 4.7. Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board. Williamsburg Bylaws page 4 of 7 #79415 16242-2 1P9Z01!.DOC 2/05/98 ARTICLE 5. OBLIGATIONS OF OWNERS 5.1. In General. Each Owner shall always endeavor to observe and promote the purposes for which the Condominium was built and the Association:was formed;and each Owner shall comply strictly with all provisions of the Declaration. 5.2. Use of Common Elements and Limited Common Elements. Each Owner shall use the Common Elements and the Limited Common Elements in accordance with the purpose for which they were . intended without hindering or encroaching upon the lawful rights of the other Owners,and in accordance with the rules and regulations of the Association,if any,promulgated by the Board or Association pursuant to the Declaration. 5.3. Right of Entry. 5.3.1 An Owner shall permit the Managing Agent or other person authorized by the Board the right of access to the Owner's Unit and appurtenant Limited Common Elements from time to time during reasonable hours as may be necessary for the maintenance,repair or replacement of the Common Elements upon forty-eight (48)hour advance notice,or at any time deemed necessary by the Managing Agent or Board for the making of Emergency Repairs or to prevent damage to any of the Common Elements. 5.3.2 An Owner shall permit the Managing Agent or other persons authorized by the Board,or other Owners,or their representatives,when so required,to enter such Owner's Unit for the purpose of performing installations,alterations or repairs to the mechanical or electrical services,or to the Units and Limited Common Elements of such other Owners;provided that requests for entry are made in advance and that such entry is at a time convenient to the Owner. In case of an emergency,such right of entry shall be immediate. 5.4. Power of Attorney. Each Owner shall,upon becoming an Owner of an Unit be deemed to have irrevocably appointed the Association his attorney-in-fact to maintain,repair and improve the Common and Limited Common Elements,and to deal with the Owner's Unit upon its destruction or obsolescence and regarding insurance proceeds as is provided in the Declaration. ARTICLE 6. AMENDMENTS . Amendments to these Bylaws for purposes not inconsistent with the Act or the Declaration,may be adopted by the Association by concurrence of a Majority of Owners,as defined in Section 2.3.1 above. Voting for any such amendment shall be at an annual or special meeting of the Association or by mail,all as provided in Article 2 above. Notice of such meeting shall be as required by Section 2.2 above. ARTICLE 7. MORTGAGES 7.1. Notice to Association. An Owner who mortgages his Unit shall notify the Association or the President of the Board,giving the name and address of his Mortgagee;provided,an Owner's failure to so notify the Association shall not invalidate or adversely affect an otherwise valid Mortgage. The Association shall maintain such information in a book or list entitled"Mortgagees of Units." 7.2. Notice of Unpaid Assessments. The.Association shall at the request of a Mortgagee of an Unit report any unpaid assessments due from the Owner of such Unit. Williamsburg Bylaws page 5 of 7 #79415 16242-2 1P9Z011.DOC 2/05/98 • • ARTICLE 8. EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS 8.1. Proof of Ownership. Any person on becoming an Owner of a Unit shall furnish to the Managing :: Agent or Board a photocopy of the recorded instrument vesting that person with an interest or ownership,which instrument shall remain in the files of the Association. A Member shall not be deemed to be in good standing nor shall he be entitled to vote at any annual or at a special meeting of Members unless this requirement is first met; provided,that a failure to meet this requirement shall not invalidate an otherwise valid transfer of an Unit. 8.2. Registration of Mailing Address. The Owners of each Unit shall have one registered mailing address to be used by the Association for mailing of monthly statements,notices,demands and all other communications;and such registered address shall be the only mailing address of a person or persons,firm, corporation,partnership,association or other legal entity or any combination thereof to be used by the Association. Such registered address of an Owner or Owners shall be furnished by such Owners to the Secretary within five(5) days after transfer of title;such registration shall be in written form and signed by all of the Owners of the Unit or by such persons as are authorized by law to represent the interests of the Owners thereof. If no such address is registered or if all of the Owners cannot agree,then the address of the Unit shall be the registered address until another registered address is furnished as required by this Section. Registered addresses may be changed from time to time by similar designation. ARTICLE 9. CONFLICT WITH DECLARATION,ARTICLES OR LAW These Bylaws are intended to comply with and supplement the requirements of the Washington Condominium Act(RCW ch.64.34)and the Declaration. If any of these Bylaws conflict with the provisions of the Act.the Declaration or the Articles,the provisions of the Act,the Declaration or the Articles,as applicable,shall control. ARTICLE 10. NONPROFIT ASSOCIATION This Association is not organized for profit. No member,Director,or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations thereof,and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to,or distributed to,or inure to the benefit of any members of the Board. The foregoing,however, shall neither prevent nor restrict the following: (1)reasonable compensation may be paid to any Member or Managing Agent while acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association,and(2)any Member or Director may,from time to time,be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association. ARTICLE 11. FISCAL YEAR The Fiscal Year of the Association shall begin on January 1 and end on December 31. * * * • Williamsburg Bylaws page 6 of 7 #79415 16242-2 1P9Z01!.DOC 2/05/98 • • • CERTIFICATE OF ADOPTION The undersigned,being the Secretary of Williamsburg Condominium Association hereby certifies that the foregoing is a true and correct copy of the Bylaws adopted by resolution of the Board of Directors of the Association on , 1998. Allen Bauman Secretary Williamsburg Bylaws page 7 of 7 #79415 16242-2 1P9Z01!.DOC 2/05/98 • CIT. )F RENTON '' Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator January 21, 1998 Mr. Mark Goldberg SDA Bros, Inc. 4739 University Way NE Suite 1607 Seattle, WA 98105 Subject: Williamsburg Condominiums LUA96-164,SA,ECF Dear Mr. Goldberg: I have reviewed your letter, dated January 21, 1998, with my supervisors. Draft copies of homeowner's association agreements are routinely submitted for City review on other projects with the building permit applications. The determination has been reached that the condition of approval is worded correctly. Your request for requiring the document to be submitted prior to the issuance of a Certificate of Occupancy is denied. Sincerely, fe,(A ark R. P , AICP Project M ager 200 Mill Avenue South - Renton, Washington 98055 a)This paper contains 50%recycled material,20%post consumer Gevurah LLC 4739 University Way N.E. Suite 1607 Seattle, WA 98105 (206) 524-4846 (206) 524-2927 fax January 21, 1998 Mark Pywell, Senior Planner City of Renton 200 Mill Avenue South Renton, WA 98055 Re: Mitigation Measures in LVA 96-164, ECF, SA Dear Mark: This letter is being written in response to the requirement in Mitigation Measure Number 1 which requires that a Homeowners'Association document be prepared before issuance of a Building Permit. This document cannot be produced now as will be explained below, so I am requesting that this letter be sufficient to satisfy the last sentence in Measure#1. The undersigned will fully satisfy Mitigation Measures numbers 1,4 and 5 as conditions to receiving Occupancy Permits. The requested Homeowners' Association documents cannot be completed until the interior dimensions of each unit are surveyed and the project as built is surveyed. This will be done when sheetrocking is completed, approx.November of this year. Once the survey is complete, my attorney can finalize the documents and then I will forward them to you. • Thanks for your cooperation. Sincerely, fg_Zi4ki ark Goldberg MG/tg cc: Allen Bauman CIT' )F RENTON Planning/Building/Public Works Department Greggimmerman P.E.,Administrator Jesse Tanner,Mayor gg January 21, 1998 Mr. Mark Goldberg SDA Bros, Inc. 4739 University Way NE Suite 1607 Seattle, WA 98105 Subject: Williamsburg Condominiums LUA96-164,SA,ECF Dear Mr. Goldberg: I have reviewed your letter, dated January 21, 1998, with my supervisors. Draft copies of homeowner's association agreements are routinely submitted for City review on other projects with the building permit applications. The determination has been reached that the condition of approval is worded correctly. Your request for requiring the document to be submitted prior to the issuance of a Certificate of Occupancy is denied. Sincerely, ark R. P , AICP Project M ager 200 Mill Avenue South - Renton, Washington 98055 a1 This nailer contains sr1%recycled material 21.noel canal imar ••` "` ``: CIT-`' OF RENTON _� I Planning/Bunaing/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator November 13, 1997 • Mr. Lyle N. Kussman AIA President Kussman Associates P.O. Box 1705 Bothell, WA 98041-1705 Subject: Williamsburg Condominiums LUA-96-164,ECF,SA Dear Mr. Kussman: I have reviewed the Final Wetland Mitigation Report for the Williamsburg Condominiums project. The report is complete and is accepted in accordance with the requirements established by the Environmental Review Committee. If during construction it is necessary to deviate from the plan, written permission will be required from the Development Services Division prior to initiating that work. At the completion of the project, a letter should be submitted detailing any approved deviations from the plan or that the work was completed in accordance with the approved plan. If you have any questions regarding this matter, please contact me at 425-277-5586. Sincerely, .9,- ft, t ,ip ii,Y 7 ark R. P ICP Project ger 200 Mill Avenue South - Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer CITY :F.'RENTON:. `. z . Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman September 8, 1997 • Mark Goldberg ' SDA Bros. Inc. 4739 University Way NE,#1607 Seattle,WA 98105 Re: WILLIAMSBURG CONDOMINIUMS FILE No. LUA96-164,SA Dear Mr. Goldberg: • The Examiner's Report and Decision on the above referenced matter,which was issued on August 22, 1997,was not appealed within the 14-day period established by ordinance. Therefore,this matter is considered final by this office and the file on your application is being transmitted to the City Clerk as of this date. . Please feel free to contact this office if further assistance or information is required. Sincerely, Fred J. Kaufman Hearing Examiner FJK/mm cc: Mark Pywell Sandi Seeger,Development Services 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2593 elThis paper contains 50%recycled material,20%post consumer NOTICE OF ENVIRONMENTAL AFFIDAVIT OF PUBLICATION DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON,WASHINGTON Kristina Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of The Environmental Review Committee the (ERC)has issued a Determination of Non- Published in the South County Journal SOUTH COUNTY JOURNAL Significance - Mitigated for the following July 14, 1997.3323 project under the authority of the Renton Municipal Code. — 600 S. Washington Avenue, Kent, Washington 98032 WILLIAMSBURG CONDOMINIUMS LUA-96-164,ECF,SA a daily newspaper published seven (7)times a week. Said newspaper is a legal The applicant seeks approval to con- con- newspaper ofpublication and is now and has been for more than six months con- struct a 624 unit condominium en buildingsct generalsisting of 44 townhomes in seven prior to the date of publication, referred to, printed and published in the English language and 18 flats in two buildings. 120 parking scontinually as a daily newspaper in Kent, King County, Washington. The South County add tiownalll lb oprovlideden kingin 9 pages. Thhsas Journal has been approved as a legal newspaper by order of the Superior Court of the a submittal of a project that was originally State of Washington for King County. submitted on February 11, 1997. Location: NE. The notice in the exact form attached, waspublished in the South County4000 15 daya Avenue nt The 15 comment and appeal period Journal (and not in supplemental form) which was regularly distributed to the subscribers for this project will run concurrently. The during the below stated period. The annexed notice, a comment/appeal periods for this project will end at 5:00 PM on July 28, 1997. Written comments shall be forwarded to the Notice of Environmental Determination -Williamsburg Condos Development Services Division Land Use Review Supervisor. Information on the pro- ject file and the mitigation measures as published on: 7/14/97 imposed by the City of Renton's Environmental Review Committee are ed for sai fore oin publication is the sum of$56.15 available at the Development Services The full amount of the fee charged 'foregoing P Division, Third Floor, Municipal Building, Legal Number 3323 Renton, Washington 98055, Phone: 235- 2550. Appeal procedures are available in the City Clerk's office, First Floor, Municipal Building. A Public Hearing will be held by the Renton Hearing Examiner at his regular Legal Clerk, South County Journal meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on July 29, 1997 at 9:00 AM • Subscribed and sworn before me on this ' day of�_ , 19 �1/'7 to consider the Site Approval. If the Environmental Determination is appealed, the appeal will be heard as part of this pub- /"7.1- lic hearing. Interested parties are invited to __`_"`\\ �] �(� / attend the public hearing. _ �.,L 111���444 U11 ' \ NtoNF,,,,,!1,,. Notary Public of the State of Washington c A.`_ - �9F 1 residing in Renton i ; -. A R k`P c I7• King County, Washington CITY F RENTON . Planning/Building/Public Works Department 7 e Tanner,Mayor Gregg Zimmerman P.E.,Administrator • August 14, 1997 Mr. William Chittum 736 Wild West Drive Henderson, NV 89015 Subject: Williamsburg Condominiums LUA-96-164,SA,ECF Dear Mr. Chittum: We have reviewed your letter, dated July 30, 1997. Due to the nature of the project site and some concerns of area residents, the development proposed for this site has been delayed on a couple of occasions. We would like to re-assure you that the City will take the necessary steps to ensure that the review of the proposed project is completed in a timely manner. We would also like to re-assure you that the City has made no requests to have this property dedicated or sold to the City for a park. The City has already obtained land for a future park in this general vicinity and we are not attempting to obtain any additional land in this area for a park. I think the confusion may stem from a statement made during the public hearing by your representative. In frustration he stated that if the neighbors did not want any development to occur at this site, then they should purchase the land and dedicate to the City as a park. However, at this time the City is not in a position to entertain a dedication of land for a park in this area. The proposed residential project will have an adverse impact on the City's system of parks and recreation areas in that the increase in population will increase the need for parks. In order to mitigate this impact, the applicant for the proposed project will be required to submit a parks mitigation fee. However, no dedication of land is being required. If you have any further questions regarding this matter, please contact me at 425-277-5586. Sincerely, Meid Mark R. P I, AICP Projec anager 200 Miii Avenue South - Renton, Washington 98055 60 This paper contains 50%recycled material.20%post consumer • r J b• - .---?-izi-zr-gov@ 9r 4/i--?1' r"--)vgr '-1-71 -‘14r' , ',7-77r-2'4Z77 r-i-V7 777:/7 1 c___ *3. -Zy7-7--e,,7 brr) -- . 7r 'Tt7 •,-- -P 4 -°17 �' 77 ,4 . : . ___07,./r...„„zi., ./.4„7„,2 L!-3� LAI::: rrri. ....A_r„- .1.n....,.....,0 . ... .: -----g1) -"..pp-F-0674--,-(,-,..,-r----.-)-7-.. .7--lie-7--- 177. --77-W . ff..... ?.& . . e `-`t1-(-1 51'* /?r/ • a, -72 i v7-- • ffwe,/a ,p- -9--e- zii-t, — "t/6 (-2-/-P-A-17(.-74' i'g7 t--/-77,:7 14-4-1P7,77-yr '71**fr&--72 1'-r. . - -7V .,,ie . ,�,,, � o y � . 667 67 (' r ' . •••‘ la Y'74;;„,.-. -,-:' . -f.4----Ati - _.,-„,,- --,tA - \L ,' . 4;.1 .-4, ---,we ..-"PO it, - .., II, • -4114%,\-4 r'r7C7-9/ r77. `*--Z • A ,4 i.Ni . Ns)\,,1 I 'llIli • , ‘\kN- ),\ -1 ._ 1\\ N\\..1 - - • \ - k 4 1 ,t , 1 ' 1 ' 4 \ i A 1;1 q -\ .,k • _ tri( _ 1 1 1 ‘ v. ti iNL i • i \ \ ' \1 AFFIDAVIT OF.SERVICE BY MAILING STATE OF WASHINGTON ) ss. County of King ) MICHELE NEUMANN ,being first duly sworn,upon oath, deposes and states: That on the 22nd day of August ,1997, affiant deposited in the mail of the United States a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: 21UCILeilKa SUBSCRIBED AND SWORN to before me this a day of _; 1997. Notary Publi in and for the State of Washington ;., • residing at ,therein. Application, Petition, or Case No.: Williamsburg Condominium LUA96-164,SA The Decision or Recommendation contains a complete list of the Parties of Record. • I , I I I I •. •• •-• .•••'t•:.I;1 ••-‘• •• )).1 • 1..." • C.) ,„ • I I ) . .• 0-"' NT • Q.) • • • I 1 1! , HEARING EXAMINER'S REPORT August 22, 1997 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA LOCATION: 4000 Lincoln Avenue NE SUMMARY OF REQUEST: To construct 62 condominium units consisting of 44 townhome units in seven buildings and 18 flats in two buildings. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on July 22, 1997. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the July 29,1997 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,July 29, 1997,at 1:32 p.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Appeal file(LUA97-096,AAD)by application,proof of posting,proof of publication and reference other documentation pertinent to this request. Exhibit No.3: Prior hearing record of April 1, 1997 Exhibit No.4: Vicinity map (by reference) Exhibit No.5: Site plan Exhibit No. 6: Landscape plan Exhibit No.7: Elevation drawing Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 2 The Examiner opened the hearing by stating that the prior hearing record of April 1, 1997,which dealt with issues such as traffic,bus stop, children's safety, storm drainage and flooding in the area,and wildlife habitat in the vicinity would be incorporated by reference. A presentation of the staff report was given by MARK PYWELL,Project Manager,Development Services, City of Renton,200 Mill Avenue South,Renton,Washington 98055. The applicant seeks to construct a 62 unit condominium project. The project site is located on Lincoln Avenue near 43rd Street and the entrance to I- 405. Access to the project will be from a single point of entry on the south of the site on N. 40th Street. There is an emergency access road to the north. The applicant is proposing to build 62 units,44 of which will be of townhouse type construction in seven of the buildings. Eighteen of the units will be flats in two buildings. The applicant is proposing to provide 136 parking spaces in total; 120 of these are parking spaces and garages located in the structures and 16 will be uncovered guest parking spaces. This exceeds the parking requirements established by City code;however,the applicant did receive a waiver from the standards. This project is consistent with the Comprehensive Plan(CP)and its policies. The proposed development is a residential project of single use and will provide the density of approximately 20 dwelling units per acre. The applicant is meeting the code requirements for front yard setbacks in accordance with the Commercial Arterial zoning(CA)that the project is located within. The project site is currently vacant and staff believes that development of the site for a residential project should maintain the area wide property values. The future owners and the homeowners association that the applicant will be required to establish will be responsible for the maintenance of the units and the outside appearance. The buildings are well laid out around the project site; adequate spacing is provided between the buildings to allow for the sunlight to reach each of the buildings and for adequate air circulation. This residential development should not generate any harmful or unhealthy conditions. Noise associated with the project will mainly be from the vehicles accessing the site as would be generated by any development of this type. Most of the vehicles will be parking on the interior of the project and the buildings themselves will help buffer the adjacent area from the activity. To accommodate the proposed use,public services and facilities are already in place. The applicant will need to provide the road improvement and extension of utilities onsite as required by code. The layout of the proposed residential development will not impair the use of the surrounding property. The applicant is providing a 15 foot landscape buffer around the perimeter of the project site. In addition to this landscaping there will also be additional landscaping in native vegetation within the road right of way that will further buffer the appearance of the project. The CA zone allows for a maximum height of 50 feet. Due to the terrain of the site and measured in accordance with the City's zoning code,these structures are approximately 30 to 40 feet in height and therefore are well within the height limitations established by the zone. The applicant is providing additional pedestrian linkage with the surrounding sidewalks at the emergency access to the north, as well as the one at the main entrance. The applicant is proposing a colonial landscaping theme,which indicates a minimum of lawn areas and trees with few shrubs around the building or structures. Staff would suggest additional landscaping of shrubs,especially around the parking areas on the interior of the project. This should prevent light glare for the people who will be living there. Applicant is proposing a white picket fence around the exterior of the project site; again on the south side staff believes additional landscaping could be installed which would help buffer this from the more rural residential area that exists. The sites to the north and west of this are largely undeveloped at this time but are designated for commercial development. The interior lighting scheme has not been shown,but will have to be done as part of the construction drawings. Most of the mitigation of impacts to the site have been gone over in the environmental review and are in regards to the Mark Goldberg _- SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 3 wetlands and stream. The main access to this project is from an extension of N.40th which will connect into the interior driveway. Emergency access only will be on the north side and will connect directly out to Lincoln Avenue. Because of the sight distances at this location,there will be a single access on the south side. The applicant will need to provide a sign application permit in accordance with the code. Signage will be limited to the entrance onto N. 40th at the entrance gate. Staff would recommend approval of the Williamsburg Condominium, subject to the conditions contained in the staff report. One is compliance with the ERC mitigation measures;two would be the submittal of an enhanced landscape plan prior to the issuance of construction building permits; and three would be that the lighting plan be part of the landscaping plan. Allen Bauman,Polygon Corporation,4020 Lake Washington Blvd.NE, Suite 103,Kirkland, Washington 98105, owner and developer of the proposal, stated the intents and purposes of the corporation in providing this type of housing development. He further stated that the applicant had evaluated numerous alternatives and planning strategies to arrive at the current proposal,and had relied upon the existing code, interpretation of City staff,prior letters from governing agencies, and various credentialed experts such as professional engineers, wetlands biologists, architects, attorney and geotechnical engineers. The applicant feels that the needs of the community will be met by this plan and that quality,affordable infill housing can be provided through the development of this site. Lyle Kussman,P.O.Box 1705,Bothell,Washington 98041,project architect, stated that the original site was a gravel pit where the excavation ran north to south in the center of the site. Left undisturbed was a ridge of gravel and trees along the eastern boundary and a similar ridge and drop-off along the western boundary. On the northwestern edge there is a substantial topography drop-off. From the structure to the property line, it falls about 7 feet and to the property line out about 20 feet it falls another 20 feet. This substantial drop-off negates screening of any future commercial development to the west. In essence the buildings being proposed on the western side would set very high over the adjacent development when it should happen. The topography to the south is higher than the subject site. In the design of the grading plan,the structures are stepped down the existing topography on both sides of the project as well as through the center area. The four-story high structures are located in the low north end of the site. The structures on the east and south are three-story structures,with two living floors above a parking garage. The site dictated a single access at the south end. N.40th Street will probably never be extended through because of topography restraints. A looped driveway was created. The Fire Department requires a second means of access and as there was an existing culvert at the northeast portion of the site, it was utilized for emergency access. Mr.Kussman indicated on the exhibits the relative locations of the wetlands and buffers to the different proposed structures,their setbacks and site orientation, as well as the landscaping proposed. The structures cover 26.35 percent of the subject site;the buildings plus the impervious surfaces of the driveways is approximately 46 to 56% of the site, below the amount allowed by code of 75%. A conceptual drainage plan has been prepared for the site. The water from the driveway and south property line all flows north as far as the impervious surface drainage and is picked up in catch basins. The east-west driveway in the northern part of the site has a series of underground chambers designed for the 100 year flood. Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 4 It will ultimately be released into the biofiltration swale which runs east and west on the northern part of the site. In the prior land use hearing the concern of a bus stop location was brought up. In the area of the revised intersection of Lincoln and Monterey,a bus pickup and unloading zone has been proposed. Monica Rosman LaFever,3915 Lincoln Avenue NE,Renton, Washington 98056, expressed the neighborhood anxiety about the increased traffic. She asked if a more creative solution might be developed to deter traffic from turning right down N. 40th and to direct them up on the main road,perhaps by using a small curb. She - also suggested signage to indicate the narrow road and the presence of children. Additional landscaping was also requested to screen noise and activity from the adjacent properties. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 2:21 p.m. FINDINGS,CONCLUSIONS&DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Mark Goldberg, SDA Bros.Inc.,filed a request for approval of a Site Plan for a 62 unit multifamily complex. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official,issued a Declaration of Non-Significance-Mitigated(DNS-M)for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 4000 Lincoln Avenue NE. The site is located on the west side of Lincoln near it's intersection with Monterey Place NE. The site is southeast of the NE 44th Street Interchange on I-405. 6. The subject site is approximately 3.3 acres in area. The subject site is approximately 300 feet wide (east to west)by approximately 490 feet long(north to south). 7. The subject site was annexed to the City with the adoption of Ordinance 4275 enacted in June 1990. 8. The subject site and properties north and west of it are zoned CA(Commercial Arterial). These properties received this zoning with the adoption of Ordinance 4404 enacted in June 1993. 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of commercial uses but does not mandate such development without consideration of other policies of the Plan. Mark Goldberg SDA Bros., Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 5 10. The site was a quarry. Materials were extracted from the site leaving ridges along the east and west boundaries of the site. 11. Three separate wetlands and a small creek are located on or partially on the site. Wetland A is approximately 3,079 square feet onsite. It is approximately 10,000 square feet in total area. It is forested. The wetland is probably fed by rain for the most part,but there is an artesian well leaking offsite. The wetland is a Category 3 wetland which requires a 25 foot buffer. The applicant proposes filling approximately 1,248 square feet of it. 12. Approximately 1,094 square feet of Wetland B is located on the subject site. The wetland including offsite portions totals approximately 5,000 square feet. It is forested and is also a Category 3 wetland. Approximately 164 square feet of it would be filled. 13. Wetlands A and B are forested with cottonwood trees approximately 60 to 70 feet tall and are estimated to be about 40 years old. 14. In total approximately 1,412 square feet of Wetlands A and B would be filled. In compensation,the applicant will be excavating approximately 1,624 square feet in an attempt to consolidate wetlands A and B. The replacement ratio would be approximately 1.15:1 which is slightly more than the 1:1 required by the Renton Wetland Ordinance. That ordinance permits 1:1 replacement when two smaller Category 3 wetlands are combined. The record reflects that a larger wetland provides a more hospitable wetland environment. 15. Category 3 wetlands require a buffer of 25 feet. The applicant proposes constructing the site's needed biofiltration swale in the proposed wetland buffer. This is permitted by ordinance. The swale will probably require annual maintenance. 16. The bioswale,depending on circumstances,will need to be maintained by the property owner. This would necessitate entering into the wetland buffer area for mowing or manicuring the growth. 17. Wetland C straddles the boundary between the subject site and property to its west. Approximately 2,617 square feet is contained within the site. A large portion extends offsite. It is located at the toe of a slope and contains black muck. It is a Category 2 which is higher in quality than the other two wetland areas. It requires a 50 foot buffer. With City permission,the applicant proposes buffer averaging which would reduce a portion of the required buffer below 50 feet but to not less than 40 feet. The total square feet of the buffer will be maintained. 18. A stream flows from south to north along the eastern edge of the southern half of the site. It crosses in and out of City owned property both near the north and south ends of the site. It is located below Lincoln Avenue NE. A 25 foot buffer from edge of high water is proposed along both sides of the creek. 19. The applicant proposes developing a 9-building, 62 unit multiple family complex. It will consist of 44 townhouse units in seven of the buildings and 18 flats in the remaining two buildings. 20. The applicant proposes parking for 120 vehicles that will be located within garages in the nine buildings,with an additional 16 open stalls located throughout the site. The applicant received Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 6 approval to exceed the normal parking complement of 109 stalls due to the isolated nature of the site and the absence of alternative on-street parking in this location. 21. Eight of the buildings generally will be arrayed around the perimeter of the site observing setbacks or buffers from the wetlands and creek. The ninth building will be located in the center of the site. The buildings,numbered non-consecutively by the applicant and starting with the northeast corner of the site and running clockwise are Building 7, 5, 1,2,4, 8, 6 and 9. Building 3 is the one located in the center of the site. 22. Many of the buildings have articulated front facades while Buildings 4, 5, 6 and 7 have flat rear facades. Buildings will step up or down to conform with the topography of the site. The buildings will have peaked rooflines and intersecting peaks. These details will provide visual interest and break up the appearance of the buildings. 23. Building height will vary from approximately 30 feet to approximately 49 feet(measured to the roof peak,whereas code uses slope resulting a height of approximately 40 feet). The CA zone permits flexible heights up to 55 feet when adjacent to a residential zone if approved during site plan review. Normally,the height is limited to the height of the adjacent residential zone which is this case would be 30 feet,the height limit of the adjacent R-8 zone. 24. Staff notes that the topography of the site and surrounding property offers terrain differences which will prevent the height from looming over nearby residences. Staff also notes that the various setbacks proposed or required, including a minimum 15 feet landscaped and fenced setback will also avoid crowding adjacent properties. Wetland C will have a 50 foot wetland buffer with some averaging. Both of the other wetlands and the creek will have 25 foot setbacks. With departmental approval,the applicant will have wetland buffer averaging and development of the bioswale in the Wetland A/B buffer. 25. The applicant proposes a"colonial"theme including lawn and low formal shrubs within the majority of the site, other than the natural areas left undisturbed in the wetland areas and the increased and supplemental planting along the reconfigured stream corridor. Staff has noted that this theme landscaping will not provide appropriate screening along some areas of the perimeter of the site nor will it appropriately screen some of the outside parking spaces where headlight glare can spill into nearby housing units. 26. The applicant will be honoring the necessary setbacks from the wetlands and stream. Building 9,the building closest to the proposed combined Wetland A/B will be setback five(5)feet from the wetland buffer. There will be 5 to 7 foot setback from the Wetland C buffer. 27. The entrance to the site will be from NE 40th Street at the southeast corner of the subject site. NE 40th will be developed from Lincoln. A gated,but pedestrian accessible emergency entrance,will be constructed at the north end of the site. This road will also connect to Lincoln. Internally the applicant will provide a looped driveway with both roads feeding that loop. There is concern that the main entrance is located close to the school bus stop. The applicant has proposed moving the stop to a safer location away from the turning movements associated with the main entrance. 28. A clock tower is intended to provide a central focus. It is located in the center of the site south of Proposed Building 3. The applicant has proposed no recreational facilities on the subject site. Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 7 29. Staff has recommended that the applicant provide a lighting plan both for aesthetics and for security. 30. The applicant will be doing minor regrading on portions of the subject site but most of the existing contours will be maintained. As noted,there will be some filling of the existing Wetlands AB but enlargement and consolidation will compensate as permitted by Code. 31. In order to mitigate the impacts of stream relocation which will result in loss of vegetation along the old course and new course,the applicant has proposed planting fast growing native species. The new alignment is also intended to minimize sun loading thereby minimizing temperature fluctuations. 32. East of the site, across Lincoln Avenue, is an R-10 zone(Residential/10 units per acre). Immediately south of the site is an R-8 zone(Single family residential/8 units per acre). 33. The area north of the site is a mix of commercial and residential uses concentrated around and generally east of the NE 44th Street interchange at I-405. South of that fairly developed node,the area becomes more sparsely developed with scattered single family uses located on larger lots. 34. The CA.zone permits the development of multiple family uses under certain conditions. One of those conditions is that a single use/multiple family use be limited to 20 units per acre. The proposal complies with the limitation. 35. Lincoln Avenue NE which runs north to southeast of the subject site is a narrow street developed to older standards. Just north of NE 40th(unopened)Lincoln forms a"Y" intersection with Monterey Place NE. Jones Avenue NE is located west of the subject site. 36. The City proposes widening Lincoln in this area in order to serve both the subject site and the general traffic needs of the area. This widening would necessitate the relocation of the creek. Stream relocation would require the removal of vegetation, as well as excavation,filling and grading on both sides of the creek. To prevent erosion,riprap has already been installed along portions of the creek. 37. City code requires detention which necessitates post-development flows leaving the site not exceed predevelopment release rates. The ERC did impose a condition that the applicant provide for a 100- year storm event either with onsite detention or downstream improvements. 38. Flooding occurs in the area upstream or south of the subject site. The City had responded and did repair work on the drainage ditch east of the site. The most recent heavy storm appears to have not caused a recurrence of the flooding. 39. There is also flooding north of the subject site in the vicinity of Denny's Restaurant and at Jones and 43rd. Staff noted this is caused by a substandard culvert system under I-405. This flooding has closed off access to the areas south of Jones Road just west of the subject site. Flooding has also occurred in the vicinity of Ripley Lane. 40. A draft hydraulic permit has been issued. (Subsequent to the close of the hearing the permit was issued) 41. Neighbors recommended a number of measures to reduce or eliminate the impacts this proposal would have on the wetlands and creeks: that the bioswale not be developed within the wetland buffer area;the Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 8 culvert should be removed under the emergency road and the gradient altered to allow fish passage;and straightening the channel would be inappropriate. 42. The plans show a gentle meandering stream course and a lowered gradient of the stream on the subject site but potentially increasing the drop at the culvert. Woody debris and pools would create a preferable stream profile. 43. The buffer and bioswale in the buffer would not provide as good a protection of the wetland as if they were separate units. 44. Wetland C's hydrology will be maintained by directing some roof runoff to that wetland. 45. A clay liner will be placed in the stream if it is found necessary to avoid de-watering into the underlying soils. 46. The proposal would generate approximately 400 daily vehicle trips. CONCLUSIONS: 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. Clearly,the simple map element of the Comprehensive Plan suggests commercial use of the site. Staff did not exhaustively determine if this proposed use is usurping land better suited for commercial uses. It appears that the location of the site,removed from the major arterial intersections north of the site and adjacent to residentially zoned land makes commercial development less appropriate and residential use more appropriate. Other policies which deal with residential development suggest that this multiple family complex is suitably designed although it lacks on-site recreational facilities requiring residents to seek active recreation offsite. Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.:LUA-96-164,SA August 22, 1997 Page 9 3. The proposal meets the density objectives for residential development of CA zoned land. In addition, the CA zone provides some flexibility in siting buildings and accommodating slightly taller buildings. The articulated facades and intersecting peaked rooflines meet the criteria for the zone. Setbacks both from property lines and between buildings in the complex meet the standards of the CA zone. Fire Code and Building Code detailed compliance will be determined with permit application. The site does provide the necessary emergency access. 4. The site is fairly well isolated from surrounding properties by terrain and water features. The site sits lower than property to the south and east and is pretty well separated from properties to the south and west by the common wetland features along the property lines in those locations. Clearly developing the site will alter its wild,natural looking characteristics. Actually,the site is anything but natural having been used for gravel extraction which substantially altered its topography. The site is privately owned and it appears that in the main,the proposed development serves the public use and interest and is compatible with both the Zoning Code and the Comprehensive Plan. There will be increased traffic as there would be with any new development. Staff reports that the local roads can handle the additional traffic from this development. 5. As neighbors have pointed out,the applicant is utilizing as intensely as possible the developable portions of the site,but this is offset by the preservation of the creek and wetlands and wetlands buffer. Code allows the bioswale to be placed inside the buffer. This does provide more land on which the applicant can build,but it is permitted. It will also lead to more,although still relatively infrequent intrusions into the buffer. 6. The pretext of a colonial theme cannot absolve the applicant of the requirements to appropriately screen the site or buffer neighbors. Nor can it be used to avoid uses anachronistic of the colonial period. The absence of recreational facilities on the subject site should not be overlooked. The provision of the parks mitigation fee does not compensate for the absence of onsite recreational amenites. The applicant will have to modify their proposed landscaping and fencing plans to include larger and denser plantings along the perimeter of the site and include a full sight obscuring fence subject to review and approval of the City. The applicant will also be required to provide a modicum of onsite recreation by installing a basketball hoop along the emergency access road subject to review and approval of the City. 7. The development of the site will increase its property values and since both the Zoning and Comprehensive Plan permitting more intense development of the site have been in effect for a number of years,there should not be any appreciable affect on neighboring property values. 8. The plans demonstrate reasonable internal circulation and the two driveways, one permanent and one gated emergency,provide more than adequate access and emergency circulation. The inclusion of pedestrian paths and access to the emergency access road also is sufficient. The relocation of the school bus stop should be a requirement to move turning movements as far from the bus stop as possible. 9. The terrain, open space buffers for the wetlands and creek,and the buildings' setback from each other, will permit adequate light and air to reach the interior of the site. 10. Appropriate utilities can be found near the site or can be extended to serve this development. The applicant will be required to meet a 100 year storm event and therefore,will not be exacerbating flooding problems in the area. Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 10 11. This office will not second guess the Washington State Department of Fish and Wildlife regarding the stream's suitability as part of a contiguous fish habitat. The record demonstrates that the stream is seasonal and therefore,there are increased chances for fish stranding in the dry season. It would appear that Fisheries, as the agency with expertise,should determine what is suitable regarding the downstream aspect of the stream and whether the proposed drop-off is appropriate or not. Clearly,the drop would prevent fish migration into this reach of the stream but that may not be inapprpriate given the seasonal nature of the creek. It may well be that this section of the creek is more suited for providing food source for the downstream species than providing actual habitat. It would appear that over the course of an approximately 500 foot long stream,that gradual drops of.6 inches+/- each could accommodate the now proposed 6 foot drop at the very north end of the site: Again,Fisheries should make any final determination regarding this issue. Therefore,the applicant may alter the stream profile as determined suitable by Fisheries. 12. In conclusion, it would appear that some aspects of the wetlands and stream plans,particularly in landscaping along the creek,were refined as a result of the first appeal,making the project better overall. There is no getting around the fact that the development will substantially alter what had been green open space. The adoption of both the Comprehensive Plan and the zoning for this site seem to have preordained the coming of this level of development. All in all,the proposal appears to present a well-designed exterior treatment for a rather dense multiple family complex. DECISION: The site plan is approved subject to the following conditions: 1. The applicant shall provide landscaping and fencing plans to include larger and denser plantings along the perimeter of the site and include a full sight obscuring fence subject to review and approval of the City. 2. The applicant shall install a berm and plant landscaping to buffer exterior parking from buildings within the site subject to the review and approval of the City. Similar berm and landscaping treatment shall be installed where turns in the loop road might expose dwelling units to headlight glare. 3. The applicant shall install a basketball hoop along the emergency access road subject to review and approval of the City. 4. The applicant shall be responsible for the relocation of the school bus stop subject to the review and approval of the City and the School District. 5. The applicant shall comply with required ERC mitigation measures prior to the issuance of a building permit. 6. The applicant shall submit a lighting plan for the subject property prior to the issuance of a building permit to the satisfaction of the Development Services Department. This plan shall demonstrate the location of and style of lighting to be used within the project. Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 11 ORDERED THIS 22nd day of August, 1997. • 6- 3 (Ctt‘, FRED J.KA N HEARING E MINER TRANSMITTED THIS 22nd day of August, 1997 to the parties of record: Monica and Dave LaFever Zanetta Fontes Bob Zeigler 3915 Lincoln Avenue NE 200 Mill Avenue S 600 N Capitol Way Renton,WA 98056 Renton,WA 98055 Olympia, WA 98501-1091 Lyle Kussman Bill Shiels Larry Fisher P.O.Box 1705 15020 Bear Creek Road NE 22516 SE 64th Place,#230 Bothell,WA 98041 Woodinville,WA 98072 Issaquah,WA 98027 Shupe Holmberg Neil Watts Mark Pywell 100 Front Street 200 Mill Avenue S 200 Mill Avenue S Issaquah, WA 98027 Renton,WA 98055 Renton,WA 98055 Kimberly Swanson Mark Goldberg Tri-Delt 1909 NE 36th 4739 University Way NE,#1607 6840 112th Avenue SE Renton,WA 98056 Seattle,WA 98105 Renton,WA 98056 Edwin Stone Paul and Pam Miller Marty and Mike Roberts 744 Belmont Place NE 3623 Lincoln Avenue NE 3925 Lincoln Avenue NE Seattle,WA 98102 Renton,WA 98056 Renton,WA 98056 Hal Brandt Pamela Mullen Peter Johnson 12727 SE 63rd Street 5320 242nd Place NE P.O.Box 744 Bellevue,WA 98006 Redmond,WA 98053 Kirkland,WA 98083 Blair Baummer Pat Dana Sheri Waddington 3636 Lincoln Avenue NE 5219 Ripley Lane N 2332 NE 31st Street Renton, WA 98056 Renton,WA 98056 Renton,WA 98056 Gordon Donnell Frank and Rose Falaniko Richard and Teri Brunory P.O.Box 2576 2224 NE 31st Street 3866 Monterey Place NE Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Margaret Nielsen Roger Urbaniak Susan Bollinger 3835 Lincoln Avenue NE 1020 108th Ave NE,#109 3812 Monterey Place NE Renton,WA 98056 Bellevue,WA 98004 Renton, WA 98056 Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.: LUA-96-164,SA August 22, 1997 Page 12 . ' D.Allen Bauman Nancy Crisp Gene Jackson 4030 Lk Washington Blvd.NE 2100 NE 31st 1909 NE 36th Kirkland,WA 98033 Renton,WA 98056 Renton,WA 98056 Ralph Shaw Jim and Lynn Bisset Andy and Beth Alexander 3935 Monterey Place SE 3901 Lincoln Avenue NE 2336 NE 31st Renton, WA 98056 Renton,WA 98056 Renton,WA 98056 Kenneth LaBeau Lisa Brick Judy Stoloff 115 East School House Road 4006 Lincoln Avenue NE 2019 Fairview East, Slip B Wenatchee,WA 98801 Renton,WA 98056 Seattle,WA 98102 Kennydale Vista LLC Oldrich Fryc Jack McCullough 4030 Lk Washington Blvd,#208 21505 196th Avenue SE 2025 1st Avenue#1130 Kirkland,WA 98105 Renton,WA 98058 Seattle,WA 98121 Bernice Brown Helen E.Andrew 1725 Park Avenue,#304 NE 16221 North Shore Road Bremerton,WA 98337 Tahuya,WA 98588 TRANSMITTED THIS 22nd day of August, 1997 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV, Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,September 5. 1997. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. Mark Goldberg SDA Bros.,Inc. Williamsburg Condominiums File No.:LUA-96-164,SA August 22, 1997 Page 13 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. is *MOW :� _ == = _ � -_pep.. - - •.. it •I!,•I•, •!' .-'• r. I. �' I - ,g3.75 S:F.. - - i� _ - _t D�;D l !.D'I.ti"'�. .'p 1p l��-':a5z,• •' •�I; - e L71. 'BFEA 1 i 4 • y ,�- . ��r a. ,AVG. ..-1.- .. ,�• • D. '{ I% ` -'• FY.1- • ',.' %}•1• ;... t .I II .i' ,�'j i. `t !t, -.t"— � „. -Jc1tw; "T'.. l .7 - - : \\\III r • ->t'! _�J.._. _- +tio�.�o ni•. .. , 1 -- r( •/`r+—.-�I .�i: ,:r��' .•b' •'Y'•....�I,,� � I -�.:�i.. 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"..?:.•:::: :'.' - . :..?."':-..:;:•%. : . .'•-',,,::::•;!-.. ! . . . . •.. .....,1; •... .. .. ..., ...::::•:fel;' • PHILLIPS LAW OFFICES JOHN C.MCCULLOUGH McCULLOUGH MARKET PLACE TOWER WILSON SUITE I130 HILL & 2025 FIRST AVENUE ( n nn n FIKSO SEATTLE,WASHINGTON 'U�j U I'S} A PROFESSIONAL 98121-2100 I SERVICE CORPORATION (206)448-1818 AUG 14 igg7 FAX:(206)448-3444 August 7, 1997 Fred Kaufman Hearing Examiner City of Renton 200 Mill Ave S Renton WA 98005 Re: Williamsburg Condominiums Dear Mr. Examiner: We represent the Applicant in the above-referenced project. At the conclusion of the July 29, 1997 public hearing and appeal hearing on this Project, you asked for an additional two-week period of time within which to issue your decisions in this case. The Applicant consented verbally to such an extension at that time, but we also wanted to take the opportunity to confirm in writing that the Applicant does consent to such an extension. • Of course, we also indicated at the close of hearing that, given the continuing passage of the construction season, any efforts by the Examiner to expedite a • decision on either or both of the Project components (site plan and SEPA appeal)would be greatly appreciated. Agency-imposed limitations on in stream construction activities preclude such work beginning in October, so if this project is to proceed further; commencement of work in September would be necessary. Thank you for your attention to this matter. Ve truly yours, bkCam. Jo Co.:McCullough: • JC1VI:sch • G:\P O LYGON\332.001\CORR\KAU FMA01.LTR CITY OF RENTON - 17- - JUL 2 a 1997 C, RECEIVED CITY CLERK'S OFFICE ted 44- cy-c4,1d, ca/Lc__ z/(.„ Ca'WZ--J ,Z7X---7LZ) A .. . . aii. ,--...- •1,...=, - . . _ . . . .. . . . . . . . . . . . :•:'.-. ,...„. '- ._ . . . , . . _ ;. : '.•-''''.7--.'..,';:it-':-. --‘. ''. - *- . . . . . . . . . , . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ .: • . , . - , . . . . . . . . . - . . . . . . . . . , . . . . • . . . . . .. .. . . . . . . . . . , . . . , :_ . . , . . . . . . . . . , . . . . . ___ . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . _ . . . . . . . . . , . . . . . ... • . . . . ., .. . . . .. . . . . . . . - .. . . . . . . . . . . . . . . . _..:-_- . . . - . . . . . . .. . . . . . . . . I I II i I I , i I ! 1 I I II I 1 I I I I �, i i I I I � H,\:, . , )\‘; \k(% . . ..: \- ql . , fr , \I 4N, .,•-• , I N.) i . ) \ ! .\' : L A .....% ' , s.. .\\ 4,. ,: \\,:I 1 \.1 i n 1 r I I l \ \ r 1 4 N.`�t, I ! • I I 1 14, • , : ,.. i , ;, , i • . . I i � � , it j ! j I I , _ I ! . il I i I g41 k1�tt�gyin�bu % -1114,9k AUG. 04 '97 14:40 2065242927 PAGE 1 APPROVAL R.C.W. 75 .20 R.C.W. 75.20. 103 DEPARTMENT OF Ff$NERI July 29, 1997 .apt e (applicant should refer to this date In all correspondence) PARE 2/OF 3 PAGES TAU NAME CONTACT PHONE(S) Goldberg, Mark rid 206 524-4846 dCONTRa� NUMBER - t � 00-�1423-03 ®WATER.. y J uR l A 08.0282 Ai 4 i 9/ DEVELOPMENT PLANNN CITY OF RENTON LOCATION: Bt of Lincoln Avenue NE and south of NE 43rd Place, Renton. Cc: Talassa Consultants 1502Q B ar Creek Rd. NE. ATTN: Bill Shiels Woodin lie, Wa. 9$072 REV 10/16/88 AUG.04 '97 14:35 2065242927 PAGE 2 . '2"'. I . HYDRAULIC PROJECT if i °1 APPROVAL R.C.W. 75.20 .1,'00 '+ • ' R.C.W. 73.2 0. 10 3 eivipiemmetwilvsemessoo __DEPARTMENT OF FISNERI L July 29, 1997 11sio+m-6810 (applicant should refer to this date In ell correspondence) PAGE 1 OF 3 PAGES LAST NAME FIRST ifkiCONTAGT PHONES) CONTROL NUMBER Goldberg, Mark (206) 524-4846 00-D1423-03 111 STREET 41 RURAL ROVE 4739 Uniersity Way NE. , Suite 1607 ® 08.0282 v Sea leT1�TE 98105z P 14 17 iATEUR T IB TARY O v TYPE OF R ECT Unnamed Lace w 11 aahin;ton Stream Re ocation niUARTER SEC ION TOWNSHIP RANGE(E-W) COUNTY SECTION , 32 24N OSE King , 1 i TIDE LIMITATIONB t 0HI THIS PROJECT MAY BEGIN ©AND MUST SE COMPLETED SY +a Immediately _ October 31, 2002 S APPROVAL IS TO ON THE JOB SITE,AT ALL TIMFSAND ITS PROVES ONB FOLLOYED�ZNE PERMITT E�Yn OPLRATg�FIFQ MIND 7HE WDSKs - - - SEE IMPORTANT GENERAL •'‘i VISIONS ON REVERSE SIDE OF APPROVAL 1. ADDITIQ L TIMING LIMITATIONS: This Hydr ulic Project Approval (HPA) i= valid for a FIVE-year period end n October 31, 2002, which include. timing for r vegetation per Provision 6. Work below the ordinar high water line (OHWL) shall only oocUr between May 1 and October { 1 of calendar years 1997 to 2002. 2. Work sh- , 1 be accomplished per plans and specifications entitled "WILLI '.BURG CONDOMINIUM DEVELOPMENT-CONCEPTUAL WETLAND/STREAM MITIGAT 424 REPORT and DETAILED CON EPTUAL MITIGATION PLANS" (W1.0, W2.0) a dated M 27 1997, submitted to the ;Washin ton Department of Fish -nd Wildl4.fe (WDFW) except as modified by this HPA. These plans re lest des gn criteria per chapter 220-110 WAC. A copy of hese plans shall be avalable onsite during co*Istruction. 3. The perm-nent new channel shall, at a minimum, be similar in length, width, d :pth, floodplain configuration, and gradient, as the old channel. The now channel shall incorporate fishf habitat components, streambe • materials, meander configuration, and, .nat ve or other approved vegetation equvalent to or greater thin that which previous y existed in the old channel. 4. During o-nstruction the new channel shall be isolated from the flowin tream by plugs at the upstream and downstream ends of the new chan el. These plugs shall be substantial enough to prevent flood fl •ws from entering the new channel during construcon. SEPM MDNS, Ci y of Renton, July 8, 1997 REGIONAL HABITAT M�{NAG R - Tony Oppermann (425) 379-2309 PATROL - Nicks 193 [P3) APPLICANT - WILDLIFE - EADER - PATROL - HAS. MGR. - WRIA , DEPARTMENT OP FISHERIES „ ......� CITY 'OF .RENTON ..IL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 10, 1997 Mr. Mark Goldberg SDA Brothers, Inc. 4739 University Way NE, Suite 1607 Seattle,WA 98105 SUBJECT: Williamsburg Condominiums Project No. LUA-96-164,ECF,SA Dear Mr. Goldberg: This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they have completed their review of the environmental impacts of the above-referenced project. The Committee, on July 08, 1997, issued a threshold Determination of Non-Significance-Mitigated with conditions. See the enclosed Mitigation,Measures document. WAC 197-11-660 states that the responsibility for mitigation measures may be imposed upon an applicant only to the extent attributable to the identified adverse impacts of the imposed action. Since an environmental impact statement has not been prepared for this project, any mitigation measures established by the ERC not directly attributable to an identified adverse impact is deemed to be voluntarily accepted by the applicant. Staff urges you to contact the various City;representatives, as appropriate, (e.g., the Public Works Division)as soon as possible, to obtain more information concerning specific mitigation measures for this project, if you have specific questions. This information will assist"you in planning for implementation of your project and will enable you to exercise your appeal rights more fully, if you choose to do so. • Comments regarding the environmental determination must be filed in writing on:or before 5:00 PM July 28, 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence that could not be reasonably available at the time of the determination may submit written comments.After.review of the comments, if the Environmental Review Committee finds there is not sufficient evidence to amend its original determination,then there will be no further extension of the appeal period. Any person wishing to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Review Supervisor, City of Renton Development Services Division, 200 Mill Avenue South, Renton,WA 98055. Appeals of the environmental determination [RCW 43.21.0075(3),WAC 197-11-680]must be filed in writing on or before 5:00 PM July 28, 1997. If no appeals are filed by this date,both actions will become final. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenue South, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton.City Clerk's Office, (425)-235-2501. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton,Washington, on July 29, 1997 at 9:00 AM to consider the Site Plan Approval (SA). If the Environmental Determination is appealed,the appeal will be heard as part of this public hearing. The applicant is required to be present at this public hearing. A copy of the staff report will be mailed to you one week before the hearing. If you have any questions or desire clarification of the above, please call me at(425)277-5586. For the Environmental Review Committee, • ar . PYw ell, Project Mane cc: Parties of Record Kennydale Vista LLC/Owners: ; . . Enclosure 200 Mill Avenue South - Renton, Washington 98055 in it • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES • APPLICATION NO(S): LUA-96-164,ECF,SA APPLICANT: . . Kennydale Vista L.L.C. PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally submitted on February 11, 1997. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE • MITIGATION.MEASURES: • 1. The applicant shall create a Homeowner's Associations that shall be responsible for the maintenance of all common areas, buildings,structures,-and facilities: This document shall also include language describing the importance of the wetlands, stream, and associated buffer areas. It shall also include • • the potential penalties for allowing the wetlands and buffer areas to be disturb or filled without the proper permits. The Homeowner's Association documents shall be submitted to the satisfaction of the Development Services Division prior to.the issuance of the issuance of building permits. 2. .The applicant shall submit a Fire Mitigation fee of,$388.00 per unit prior to the issuance of building permits. For a 62 unit complex the fee is estimated at$24,056.00 (62;units x$388/unit= $24,056.00). • 3. The applicant shall submit a Transportation Mitigation Fee of$75 per daily trip generated by the 62 unit condominium complex 50.(6.47 trips/unit X 62 units=401.14.daily trips -- 401.14 X$75.00 = $30,085.50). This fee shall be submitted prior to the issuance of construction or building permits for the proposed project. 4. The applicant shall include in the sales brochures and within the text for the Homeowner's. " Association, language identifying the location of the airport,the approach to the airport, and the fact that a significant number of aircraft will fly over this project site as they approach the Renton Municipal Airport. 5. The applicant shall record a Covenant on each of the Deed(s)that the subject property is within 10,000,feet of the Renton Municipal Airport and that the property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. 6. The applicant shall design and install a surface water 100-year detention system as part of the storm water system for the condominium development. As an alternative to providing the additional on-site storage,the developer has the option of improving the downstream system to provide adequate I" capacity for the basin through the 100-year storm event. This alternative work would require work on private property,with approval from the property owner. P Plans for the system shall be provided to . . the satisfaction of the Development Services Division prior to the issuance of construction or building permits. :. - CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-96-164,ECF,SA APPLICANT: Kennydale Vista L.L.C. PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally submitted on February 11, 1997. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. GENERAL NOTES • 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. . POLICE DEPARTMENT 1. This area of Renton has a fairly low crime rate. It is anticipated that the proposed development will generate approximately.69.12 calls for service annually. Police staff recommend that construction materials and tools be secured when not in use to help prevent burglary(Burglary of construction sites is one of our most common crimes lately). The lot should be fenced in during the construction phase of the project with the use of security lighting. 2. The elevations that were submitted show that the front door in each unit will have glass windows. Breaking the glass to reach in and unlock a door is one of the most common ways a burglar uses to gain entry to a residence. These windows will need to be plexi-glass or some other type of shatter resistance glass, or they will need to have an application of security film installed. 3. The front doors should be fitted with dead-bolt locks with bolts 1.1/2'1 in length. 4. .Addresses on the buildings need to be at least 6"in height, of a color that contrasts strongly with the wall color, and located under a light. - . ' - ' 5. Stairwells,the areas around the garages, and parking lots are areas we recommend to have extra 'security lighting. 6. " There is no place for children to play on these plans. Police staff recommend a tot lot to be built on the grassy area in the center of the property, behind Building E. This area could be clearly visible to parents, and will help ensure child safety by keeping the children from riding bicycles or playing in the parking lots. - 7. It would be fairly easy for the applicant to provide security gating at both entrances to the property. When this occurs at apartment complexes and townhome sites,the crime reported is extremely minimal. This helps to keep;trespasses off the property and provides security to the residents. ' FIRE PREVENTION BUREAU 1.: The preliminary required fire flow based on Type Five 1-hour construction is 2250 GPM. If construction is Type Five Non-rated,the fire flow requirement would increase to 3250 GPM. One hydrant is required within 150 feet of each building and additional hydrants are required within 300 feet of each building: . Williamsburg Condominium LUA-96-164,ECF,SA Advisory Notes(Continued) Page 2 2. Fire sprinkler systems and fire alarm systems are required in each building. Separate plans and permits are required for these systems. . CONSTRUCTION SERVICES 1. Plans will need to be submitted with application for building permits for sales location and method of protecting the public during sales from the rest of the site still under construction. Occupancy will be approved for each completed and approved building only. 2. Soils engineer to supervise all grading,footing excavations. 3. Structural engineer shall design all foundation and retaining walls per the soils report. WATER UTILITY. 1. There is a 12"watermain in N 40th Street. There is a 12"watermain in Lincoln Ave. NE south of N 40th Street. 2. The construction drawings shall locate the watermain in the driving lane. Fire hydrants shall be located unobstructed by trees and landscaping. 3. The conceptual plan for water is not approved. The watermain shall be extended past Building F out ' • the access road and connected to watermain extension in Lincoln. The fire hydrant location shall be ; • to the satisfaction of the Fire Prevention Bureau. • SURFACE WATER UTILITY li 1. There is an existing 8"sanitary sewer in Lincoln Ave. NE.' 2. The site is not located within the Aquifer Protection Area. . 3. The storm site plan submitted by the applicant appears to be making adequate provisions for a storm water drainage system.:•Detailed construction drawings may require modifications to pipe sizing and conveyance pipe location. WASTEWATER UTILITY 1. This project will construct a sanitary sewer system on-site to serve the site. This system will be a private system. Service to the on-site system will be provided as agreed upon by the City of Renton and Coal Creek Utility District. If the City of Renton is the provider the City will collect the SDC (Special Development Charges)fees. AIRPORT MANAGER 1. The project site is located within the Airport's Conical Surface. The proposed building elevations will be 157'above sea level,this is below the Horizontal Surface elevation of 179'above sea level. A notice of Proposed Construction is to be submitted to the FAA and reviewed prior to the issuance of Building Permits because the construction exceeds the imaginary slope of 100:1 from the airport. j • - i 2. The proposed development lies beneath a very heavily utilized aircraft flight area. As mitigation for . I I permitting this development, either an Avigation easement for overflight by aircraft or notification of such aircraft activity in the condominium deeds is requested. 3. If this project is approved,the construction of the condominiums within the Airport's Conical Surface area will be considered as acceptance by the developer and subsequent owners that the operation of the airport and the overflight of the area by aircraft of all types is acompatible use of the land. Tri Delt Edwin Stone Paul and Pam Miller F. 6840-112th Avenue SE 744 Belmont Place East 3623 Lincoln Avenue NE Renton,WA 98056 Seattle,WA 98102 Renton,WA 98056 Marty and Mike Roberts Dave and Monica Lafever Hal Brandt 3925 Lincoln Avenue NE 3915 Lincoln Avenue NE 12727 SE 63rd Street Renton,WA 98056 Renton,WA 98056 Bellevue,WA 98006 Pamela Mullen Peter Johnson Blair Baummer 5320-242nd Place NE Port Quendall Storage 3636 Lincoln Avenue NE Redmond,WA 98053 PO Box 744 Renton,WA 98056 Kirkland,WA 988083 Pat Dana Sheri Waddington Gordon Donnell 5219 Ripley Lane North 2332 NE 31st Street PO Box 2576 Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Frank and Rose Falaniko Richard and Teri Brunory Margaret Nielsen 2224 NE 31st Street 3866 Monterey Place NE 3835 Lincoln Avenue NE Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Rober Urbaniak Sue Bollinger Lisa Brick Eastside Commercial,Inc. 3812 Monterey Place NE 4006 Lincoln Avenue NE 1020-108th Avenue NE,#109 Renton,WA 98056 Renton,WA 98056 Bellevue,WA 98004 Kimberly Swanson Nancy Crisp Gene Jackson 1909 NE 36th Street 2100 NE 31st Street 1909 NE 36th Street Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Ralph Shaw Jim and Lynn Bisset Andy and Beth Alexander 3935 Monterey Place NE 3901 Lincoln Avenue NE 2336 NE 31st Street Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Clem Heath 1605 Boyslton Avenue Seattle,WA 98122 NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee (ERC) has issued a Determination of Non-Significance - Mitigated for the following project under the authority of the Renton Municipal Code. WILLIAMSBURG CONDOMINIUMS LUA-96-164,ECF,SA The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. 120 parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally submitted on February 11, 1997. Location: The 15 day comment and appeal period for this project will run concurrently. The comment/appeal periods for this project will end at 5:00 PM on July 28, 1997. Written comments shall be forwarded to the Development Services Division Land Use Review Supervisor. Information on the project file and the mitigation measures imposed by the City of Renton's Environmental Review Committee are available at the Development Services Division, Third Floor, Municipal Building, Renton, Washington 98055. Phone: 235-2550. Appeal procedures are available in the City Clerk's office, First Floor, Municipal Building. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton,Washington, on July 29, 1997 at 9:00 AM to consider the Site Approval. If the Environmental Determination is appealed,the appeal will be heard as part of this public hearing. Interested parties are invited to attend the public hearing. Publication Date: July 14, 1997 Account No. 51067 dnsmpub.dot i rtncE ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: WILLIAMSBURG CONDOMINIUMS PROJECT NUMBER: LUA-96-164,ECF,SA THE APPLICANT SEEKS APPROVAL TO CONSTRUCT A 02 UNIT CONDOMINIUM PROJECT CONSISTING OF 44 TOWNHOMES IN SEVEN BUILDINGS AND 16 FLATS IN TWO BUILDINGS.ONE HUNDRED TWENTY(120)PARKING SPACES WILL BE PROVIDED IN GARAGES WITH AN ADDITIONAL 10 OPEN PARKING SPACES. THIS IS A SUBMITTAL OF A PROJECT THAT WAS ORIGINALLY SUBMITTED ON FEBRUARY 11,1991. LOCATION: 4000 • UNCOLN AVENUE NE. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED . THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. AN ENVIRONMENTAL IMPACT STATEMENT WILL NOT BE REQUIRED. nYOU MAY COMMENT ON THIS DETERMINATION BY 5:00 PM ON JULY 28,1997 OR APPEAI, THIS DETERMINATION BY 5:00 PM.JULY 28.1997. THE COMMENT AND APPEAL PERIODS WILL RUN CONCURRENTLY. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE SECOND FLOOR OF CITY HALL,RENTON, WASHINGTON,ON JULY 29,1997 AT 9:00 AM TO CONSIDER THE SITE APPROVAL IF THE ENVIRONMENTAL DETERMINATION IS APPEALED,THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. • •_ A_- r A WAS I G N ' • Do v . GA gEe�R ty�EEN, • • FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT SERVICES DIVISION AT 235-2550. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please Include the project NUMBER when calling for proper file identification:: . • ( , CERTIFICATION • I6 11 /�SUY1 . hereby certify that 3 copies of the above document were poste by me in 3 conspicuous places on-or nearby the described property on imA j I li,1911 ' Signed: S ..r ,9/iJ /\ 0/\STATEOFWASHINGTON ) • ) SS COUNTY OF KING ) - '.::.'. certify that I know or have satisfactory evidence that `7A- V b�I :' • ` ,• signed this instrument and acknowledged it to be his/her/their free and vol•vtttaiy,'att fioj the-uses and purposes mentioned in the instrument. • • _. Io,,F ' �w Dated: � 6(9 , �- •:,'' a Notary Pu j in and f t e Sfate'aWa-shtington Notary (Prinq ARGARET J. PULLAR My appointment expire oMMISSION EXPIRES 6/9/98 • NOTARY,OOC looricEr ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: WILLIAMSBURG CONDOMINIUMS PROJECT NUMBER: LUA-96-164,ECF,SA • THE APPLICANT SEEKS APPROVAL TO CONSTRUCT A 62 UNIT CONDOMINIUM PROJECT CONSISTING OF 44 TOWNHOMES IN SEVEN BUILDINGS AND 16 FLATS IN TWO BUILDINGS. ONE HUNDRED TWENTY(120)PARKING SPACES WILL BE PROVIDED IN GARAGES WITH AN ADDITIONAL 16 OPEN PARKING SPACES. THIS IS A ' SUBMITTAL OF A PROJECT THAT WAS ORIGINALLY SUBMITTED ON FEBRUARY 11, 1997. LOCATION: 4000 LINCOLN AVENUE NE. THE.CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE. (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. AN ENVIRONMENTAL IMPACT STATEMENT WILL NOT BE REQUIRED. xxx YOU MAY COMMENT ON THIS DETERMINATION BY 5:00 PM ON JUL. Y 28, 1997 OR APPEAL THIS DETERMINATION BY 5:00 PM, JULY 28, 1997. THE COMMENT AND APPEAL PERIODS WILL RUN CONCURRENTLY. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE SECOND FLOOR OF CITY HALL, RENTON, WASHINGTON, ON JULY 29, 1997 AT 9:00 AM TO CONSIDER THE SITE APPROVAL IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. • fig—NE77.-43RD—•-92- 1N.E,•••43RD�•*PL:-•.- • 175 1 A . i "[:4— I Z ,. - .‘.• !,,C. D. •H'fL'•! AN'SI .„� ❑ 7 9 a .7• .r. L"A , W . INGT N r. • - g.. W ........9_.. - GA-D3EI j lv104.o N,= 4 r. I•e :. Fq` , ....... • :ram FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT 235-2550. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION 0i ect_NUMBER::wheil101 ii 0 .,ro. 0 fie`4000cation ;::>:::>::: ::;:>::: :. ::: :: :: Please„Include thep... 1:..:......... .:,::.:::.:;:: ... , . . : ... 9..:. :...R .P....:::::::::,::::; STAFF City of Renton REPORT Department of Planning/Building/Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DATE July 8, 1997 Project Name Williamsburg Condominiums Applicant Kennydale Vista L.L.C. File Number LUA-96-164, SA,ECF Project Manager Mark R. Pywell,AICP Project Description The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally submitted on February 11, 1997. Project Location 4000 Lincoln Ave. NE Exist. Bldg. Area gsf N/A Proposed New Bldg. Area gsf N/A Site Area 143,612 sf(3.3 acres) Total Building Area gsf N/A RECOMMENDATION Staff Recommend that the Environmental Review Committee issue a Determination of Non-Significant- Mitigated. -.0 r, 'R N.Er•-•-43RD-•-3i-'-•�N.Er73RD -',=PL:-•R 10 ® � n.a • 1----- +z,gm 2 ` _ .i• I -W s s.a-ir _1 4 - 3 - 4--n.�s,-- - , ! ...,ii5 a � ,5 5.�= 0� „.,., C. D. • Hsi- AN'S - __ ti W ---7--- 8 -,,,, , 7 8 _ 3 '' CA 7 1WI S INGT. N ? w '9--: , oc io - 9 W- :11. 2 O/s': d fe .,its GA D3E l•ir , Ot4t4, E L EN, I,: 4 i;:: ..."rakm-!_t:Piii4,,,,_ • ' Project Location Map ERCRPRT2.DOC • City of Renton PB/PWDepartment J onmental Review Committee Staff Report WILLL4MSBURG CONDOMINIUMS LUA-96-164,SA,ECF ERC MEETING DATE:July 1,1997 Page 2 of9 B. BACKGROUND&RECOMMENDATION This project was originally submitted to the Environmental Review Committee (ERC) on February 11, 1997. The applicant had submitted a preliminary report regarding the on-site wetlands but had not submitted a report that City staff would accept as a final report. There is also a stream/channel that is located adjacent to Lincoln Ave. NE and the east side of the proposed development. The road improvements that will be required of this project were not shown on the original plans that were submitted by the applicant. These road improvements require the relocation of the stream/channel bed. The plans did demonstrate that the applicant would be filling some Category III wetland area but compensating for this by combining two Category III wetlands into a single wetland by creating new wetland area. The plans also demonstrated that the applicant would be using buffer averaging along the Category II wetland area on the west side of the project site. The ERC reviewed the material that was available to them and issued a Determination of Non-Significance- Mitigated. After the determination was issued the applicant did submit some additional material regarding the stream and how they could mitigate the developments impacts on the stream. This material was reviewed by the ERC, and the Committee determined that the new information did not require them to modify their determination. This determination was appealed to the Hearing Examiner(HEX). On April 29, 1997,the HEX issued his determination. He determined that the Environmental Review Committee did not have adequate information regarding the impacts to the stream and wetlands available to them at the time that the Committee issued its Determination of Non-Significance-Mitigated. Furthermore, he determined that the applicant should prepare an Environmental Impact Statement to address the issues regarding the wetlands and the stream/channel. The State Environmental Policy Act and the City of Renton, Environmental Ordinance allow an applicant to submit new information or modified plans in order to address the impacts that led to the Determination of Significance. The applicant has submitted new plans and new information that is intended to address the issues that were raised by the HEX in his Determination of Significance. Based on analysis of probable impacts from the proposal, staff recommend that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON-SIGNIFICANCE-MITIGATED. Issue DNS with 14 day Appeal Period. XX Issue DNS-M with 15 day Comment Period with Concurrent 14 da A eal Period. Issue DNS with 15 day Comment Period Issue DNS-M with 15 day Comment Period with Concurrent 14 day Appeal Period. followed by a 14 day Appeal Period. C. MITIGATION MEASURES 1. The applicant shall create a Homeowner's Associations that shall be responsible for the maintenance of all common areas, buildings, structures, and facilities. This document shall also include language describing the importance of the wetlands, stream, and associated buffer areas. It shall also include the potential penalties for allowing the wetlands and buffer areas to be disturb or filled without the proper permits. The Homeowner's Association documents shall be submitted to the satisfaction of the Development Services Division prior to the issuance of the issuance of building permits. 2. The applicant shall submit a Fire Mitigation fee of$388.00 per unit prior to the issuance of building permits. For a 62 unit complex the fee is estimated at$24,056.00 (62 units x$388/unit= $24,056.00). 3. The applicant shall submit a Transportation Mitigation Fee of$75 per daily trip generated by the 62 unit condominium complex 50 (6.47 trips/unit X 62 units=401.14 daily trips — 401.14 X$75.00= $30,085.50). This fee shall be submitted prior to the issuance of construction or building permits for the proposed project. ERCRPRT2.DOC • City of RentonPB/PWDepartment vnmental Review Committee Staff Report WILLL4MSBURG CONDOMINIUMS LUA-96-164,SA,ECF ERCMEETING DATE:July 1,1997 Page 3 of9 4. The applicant shall include in the sales brochures and within the text for the Homeowner's Association, language identifying the location of the airport,the approach to the airport, and the fact that a significant number of aircraft will fly over this project site as they approach the Renton Municipal Airport. 5. The applicant shall record a Covenant on each of the Deed(s)that the subject property is within 10,000 feet of the Renton Municipal Airport and that the property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. 6. The applicant shall design and install a surface water 100-year detention system as part of the storm water system for the condominium development. As an alternative to providing the additional on-site storage,the developer has the option of improving the downstream system to provide adequate capacity for the basin through the 100-year storm event. This alternative work would require work on private property,with approval from the property owner. Plans for the system shall be provided to the satisfaction of the Development Services Division prior to the issuance of construction or building permits. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. GENERAL NOTES 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. POLICE DEPARTMENT 1. This area of Renton has a fairly low crime rate. It is anticipated that the proposed development will generate approximately 69.12 calls for service annually. Police staff recommend that construction materials and tools be secured when not in use to help prevent burglary(Burglary of construction sites is one of our most common crimes lately). The lot should be fenced in during the construction phase of the project with the use of security lighting. 2. The elevations that were submitted show that the front door in each unit will have glass windows. Breaking the glass to reach in and unlock a door is one of the most common ways a burglar uses to gain entry to a residence. These windows will need to be plexi-glass or some other type of shatter resistance glass, or they will need to have an application of security film installed. 3. The front doors should be fitted with dead-bolt locks with bolts 1 1/2" in length. 4. Addresses on the buildings need to be at least 6" in height, of a color that contrasts strongly with the wall color, and located under a light. 5. Stairwells,the areas around the garages, and parking lots are areas we recommend to have extra security lighting. 6. There is no place for children to play on these plans. Police staff recommend a tot lot to be built on the grassy area in the center of the property, behind Building E. This area could be clearly visible to parents, and will help ensure child safety by keeping the children from riding bicycles or playing in the parking lots. 7. It would be fairly easy for the applicant to provide security gating at both entrances to the property. When this occurs at apartment complexes and townhome sites,the crime reported is extremely minimal. This helps to keep trespasses off the property and provides security to the residents. ERCRPRT2.DOC Ciry of Renton PB/PWDepartment _. 'onmental Review Committee Staff Report WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA,ECF ERCMEETING DATE:July 1,1997 Page 4 of 9 FIRE PREVENTION BUREAU 1. The preliminary required fire flow based on Type Five 1-hour construction is 2250 GPM. If construction is Type Five Non-rated,the fire flow requirement would increase to 3250 GPM. One hydrant is required within 150 feet of each building and additional hydrants are required within 300 feet of each building. 2. Fire sprinkler systems and fire alarm systems are required in each building. Separate plans and permits are required for these systems. CONSTRUCTION SERVICES 1. Plans will need to be submitted with application for building permits for sales location and method of protecting the public during sales from the rest of the site still under construction. Occupancy will be approved for each completed and approved building only. 2. Soils engineer to supervise all grading, footing excavations. 3. Structural engineer shall design all foundation and retaining walls per the soils report. WATER UTILITY 1. There is a 12"watermain in N 40th Street. There is a 12"watermain in Lincoln Ave. NE south of N 40th Street. 2. The construction drawings shall locate the watermain in the driving lane. Fire hydrants shall be located unobstructed by trees and landscaping. 3. The conceptual plan for water is not approved.,The watermain shall be extended past.Building F out the access road and connected to watermain extension in Lincoln. The fire hydrant location shall be to the satisfaction of the Fire Prevention Bureau. SURFACE WATER UTILITY 1. There is an existing 8"sanitary sewer in Lincoln Ave. NE. 2. The site is not located within the Aquifer Protection Area. 3. The storm site plan submitted by the applicant appears to be making adequate provisions for a storm water drainage system. Detailed construction drawings may require modifications to pipe sizing and conveyance pipe location. WASTEWATER UTILITY 1. This project will construct a sanitary sewer system on-site to serve the site. This system will be a private system. Service to the on-site system will be provided as agreed upon by the City of Renton and Coal Creek Utility District. If the City of Renton is the provider the City will collect the SDC (Special Development Charges)fees. AIRPORT MANAGER 1. The project site is located within the Airport's Conical Surface. The proposed building elevations will be 157' above sea level,this is below the Horizontal Surface elevation of 179'above sea level. A notice of Proposed Construction is to be submitted to the FAA and reviewed prior to the issuance of Building Permits because the construction exceeds the imaginary slope of 100:1 from the airport. 2. The proposed development lies beneath a very heavily utilized aircraft flight area. As mitigation for permitting this development, either an Avigation easement for overflight by aircraft or notification of such aircraft activity in the condominium deeds is requested. 3. If this project is approved,the construction of the condominiums within the Airport's Conical Surface area will be considered as acceptance by the developer and subsequent owners that the operation of the airport and the overflight of the area by aircraft of all types is a compatible use of the land. ERCRPRT2.DOC • rronmental Review Committee StaffRe ort City of Renton PB/PW Department p WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA,ECF ERC MEETING DATE:July 1,1997 Page S of 9 In compliance with RCW 43.21C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. D. ENVIRONMENTAL IMPACTS Whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development? 9. Earth Impacts: The applicant seeks approval to construct a 62 unit condominium project on a vacant 3.3 acre site. The project site is fairly level and includes wetland areas that will be further described later in this report. Approximately 53.6 % of the site will eventually be covered by the proposed buildings, interior sidewalks, and on-site roadways. Approximately 27% of the site is covered by wetlands, a stream, and the required buffer areas. The remainder of the site will be landscaped. All of the disturbed area will be covered by structures, paving materials, or landscaping upon completion of the project. According to the applicant's engineer for this project there will be 9,000 cubic yards of cut and 8,500 cubic yards of fill. The 500 cubic yards of excess fill material will be distributed throughout the landscaped areas. It is not anticipated that there will be a need for importing or exporting of any fill material.- This is proposed as a balanced cut and fill project. The application included a landscaping plan that demonstrates the minimal amount of landscaping on the subject property.=Long lengths of the buildings are without any landscaping that could soften the,appearance of the site and help the structures blend into the natural landscaping of the area. Mitigation Measures: None required. Nexus: N/A 2. Air Impacts: Air quality impacts during the construction phase of the project are associated with the fugitive dust during the grading of the site and potentially lasting until the landscaping is completed during the final phase of the project and with exhaust from construction vehicles and machinery. During the operation phase of the project air quality impacts would be associated with the heating of the buildings and exhaust from vehicles accessing or leaving the project site. The potential impacts during the construction phase of the project will be mitigated to the extent possible by requiring the applicant to sprinkle the site to minimize fugitive dust and to hydroseed or cover any portion of the site that is disturbed during the rough grading of the site and left in an undeveloped state for more than ninety (90) days. The requirement for covering the undeveloped portion(s) of the site is to ensure that the fugitive dust does not become a significant problem for the residences and businesses in the adjacent area. Exhaust from the construction vehicles and equipment is already regulated by state and local regulations. The air quality impacts associated with the heating of the buildings and exhaust from automobiles on-site is already regulated by local, state, and federal standards. The cumulative impacts are monitored regionally by the Puget Sound Air Pollution Control Agency (PSAPCA). At this time it is reported that the air quality in this region is improving. Continued compliance with the standards established by the state and federal agencies will ensure that the continued development of the region will cause a deterioration in the air quality. Mitigation Measures: No mitigation required. Nexus: N/A ERCRPRT2.DOC CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-96-164,ECF,SA APPLICANT: Kennydale Vista L.L.C. 'PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally 'submitted on February 11, 1997. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. PUBLICATION DATE: July 14, 1997 DATE OF DECISION: July 08, 1997 ,SIGNATURES: // e3/77 regg I erm ,Aid' 'inl rt6or DATE Departm t of P annin /Buildin /Public Works P � 9 9 -1-//(I Sam Chastain, Administrator DATE Community Service Department p' r7 ;: ,y ze___ z/2‘1,.., /:Le heeler, Fire Chief DATE Renton Fire Department DNSMSIG.DOC Comments regarding the environmental determination must be filed in writing on or before 5:00 PM July 28, 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence that could not be reasonably available at the time of the determination may submit written comments. After review of the comments, if the Environmental Review Committee finds there is not sufficient evidence to amend its original determination, then there will be no further extension of the appeal period. Any person wishing to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Review Supervisor, City of Renton Development Services 'Division, 200 Mill Avenue South, Renton, WA 98055. Appeals of the environmental determination [RCW 43.21.0075(3),WAC 197-11-6801 must be filed in writing on or before 5:00 PM July 28, 1997. If no appeals are filed by this date, both actions will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenue South, Renton, WA 98055. Appeals to the Examiner are governed by City.of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-235-2501. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on July 29, 1997 at 9:00 AM to consider the Site Plan Approval (SA). If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. 1DNSMSIG.DOC CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-96-164,ECF,SA APPLICANT: Kennydale Vista L.L.C. PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally submitted on February 11, 1997. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE MITIGATION MEASURES: 1. The applicant shall create a Homeowner's Associations that shall be responsible for the maintenance of all common areas, buildings, structures, and facilities. This document shall also include language describing the importance of the wetlands, stream, and associated buffer areas. It shall also include the potential penalties for allowing the wetlands and buffer areas to be disturb or filled without the proper permits. The Homeowner's Association documents shall be submitted to the satisfaction of the Development Services Division prior to the issuance of the issuance of building permits. 2. The applicant shall submit a Fire Mitigation fee of$388.00 per unit prior to the issuance of building permits. For a 62 unit complex the fee is estimated at$24,056.00 (62 units x$388/unit= $24,056.00). 3. The applicant shall submit a Transportation Mitigation Fee of$75 per daily trip generated by the 62 unit condominium complex 50 (6.47 trips/unit X 62 units=401.14 daily trips -- 401.14 X$75.00= $30,085.50). This fee shall be submitted prior to the issuance of construction or building permits for the proposed project. 4. The applicant shall include in the sales brochures and within the text for the Homeowner's Association, language identifying the location of the airport,the approach to the airport, and the fact that a significant number of aircraft will fly over this project site as they approach the Renton Municipal Airport. 5. The applicant shall record a Covenant on each of the Deed(s)that the subject property is within 10,000 feet of the Renton Municipal Airport and that the property could be subject to noise from all types of aircraft at low altitudes as the aircraft approach and leave the airport. 6. The applicant shall design and install a surface water 100-year detention system as part of the storm water system for the condominium development. As an alternative to providing the additional on-site storage,the developer has the option of improving the downstream system to provide adequate capacity for the basin through the 100-year storm event. This alternative work would require work on private property,with approval from the property owner. Plans for the system shall be provided to the satisfaction of the Development Services Division prior to the issuance of construction or building permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-96-164,ECF,SA APPLICANT: Kennydale Vista L.L.C. PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks :approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. This is a submittal of a project that was originally submitted on February 11, 1997. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. GENERAL NOTES 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. POLICE DEPARTMENT 1. This area of Renton has a fairly low crime rate. It is anticipated that the proposed development will generate approximately 69.12 calls for service annually. Police staff recommend that construction materials and tools be secured when not in use to help prevent burglary(Burglary of construction sites is one of our most common crimes lately). The lot should be fenced in during the construction phase of the project with the use of security lighting. 2. The elevations that were submitted show that the front door in each unit will have glass windows. Breaking the glass to reach in and unlock a door is one of the most common ways a burglar uses to gain entry to a residence. These windows will need to be plexi-glass or some other type of shatter resistance glass, or they will need to have an application of security film installed. 3. The front doors should be fitted with dead-bolt locks with bolts 1 1/2" in length. 4. Addresses on the buildings need to be at least 6" in height, of a color that contrasts strongly with the wall color, and located under a light. 5. Stairwells,the areas around the garages, and parking lots are areas we recommend to have extra security lighting. 6. There is no place for children to play on these plans. Police staff recommend a tot lot to be built on the grassy area in the center of the property, behind Building E. This area could be clearly visible to parents, and will help ensure child safety by keeping the children from riding bicycles or playing in the parking lots. 7. It would be fairly easy for the applicant to provide security gating at both entrances to the property. When this occurs at apartment complexes and townhome sites, the crime reported is extremely minimal. This helps to keep trespasses off the property and provides security to the residents. FIRE PREVENTION BUREAU 1. The preliminary required fire flow based on Type Five 1-hour construction is 2250 GPM. If construction is Type Five Non-rated,the fire flow requirement would increase to 3250 GPM. One hydrant is required within 150 feet of each building and additional hydrants are required within 300 feet of each building. Williamsburg Condominiums LUA-96-164,ECF,SA Advisory Notes(Continued) Page 2 2. Fire sprinkler systems and fire alarm systems are required in each building. Separate plans and permits are required for these systems. CONSTRUCTION SERVICES 1. Plans will need to be submitted with application for building permits for sales location and method of protecting the public during sales from the rest of the site still under construction.. Occupancy will be approved for each completed and approved building only. 2. Soils engineer to supervise all grading, footing excavations. 3. Structural engineer shall design all foundation and retaining walls per the soils report. WATER UTILITY 1. There is a 12 watermain in N 40th Street. There is a 12"watermain in Lincoln Ave. NE south of N 40th Street. 2. The construction drawings shall locate the watermain in the driving lane. Fire hydrants shall be located unobstructed by trees and landscaping. 3. The conceptual plan for water is not approved. The watermain shall be extended past Building F out the access road and connected to watermain extension in Lincoln. The fire hydrant location shall be to the satisfaction of the Fire Prevention Bureau. SURFACE WATER UTILITY 1. There is an existing 8"sanitary sewer in Lincoln Ave. NE. 2. The site is not located within the Aquifer Protection Area. 3. The storm site plan submitted by the applicant appears to be making adequate provisions for a storm water drainage system. Detailed construction drawings may require modifications to pipe sizing and conveyance pipe location. WASTEWATER UTILITY 1. This project will construct a sanitary sewer system on-site to serve the site. This system will be a private system. Service to the on-site system will be provided as agreed upon by the City of Renton and Coal Creek Utility District. If the City of Renton is the provider the City will collect the SDC (Special Development Charges) fees. AIRPORT MANAGER 1. The project site is located within the Airport's Conical Surface. The proposed building elevations will be 157' above sea level,this is below the Horizontal Surface elevation of 179'above sea level. A notice of Proposed Construction is to be submitted to the FAA and reviewed prior to the issuance of Building Permits because the construction exceeds the imaginary slope of 100:1 from the airport. 2. The proposed development lies beneath a very heavily utilized aircraft flight area. As mitigation for permitting this development, either an Avigation easement for overflight by aircraft or notification of such aircraft activity in the condominium deeds is requested. 3. If this project is approved,the construction of the condominiums within the Airport's Conical Surface area will be considered as acceptance by the developer and subsequent owners that the operation of the airport and the overflight of the area by aircraft of all types is a compatible use of the land. 96- to-f Amok ell TA LASA EA CONSULTANTS II 8 May 1997 TAL-313 RECEIVED MAY 0 9 7997 Mr. Mark Pywell, Senior Planner City of Renton DEVELOPMENT PLANNING CITY OF RENTON 200 Mill Avenue. South Renton, WA 98055 SUBJECT: Response to Comments by City of Renton Hearing Examiner's Report and Decision dated 29 April 1997 Dear Mark: Following are comments prepared by myself pertaining to streams, wetlands, buffers, water quality, wildlife, and any other matters pertaining to the natural environment. Also summarized in this letter are responses by Shupe Holmberg of Baima & Holmberg pertaining to stormwater, and by Lyle Kussman of Kussman &Associates pertaining to general site planning and traffic. Comments correspond to the Hearing Examiner's numerical listing of Findings (1 through 40) and his list of Conclusions(1 through 22). FINDINGS Item 13. Finding states that the relocated stream would be deeply incised. The stream is now somewhat deeply incised. Relocation, as proposed, would result in a less incised stream channel. The current proposal includes raising the exit culvert about six feet, thus flattening the gradient and increasing streambed and streambank stability. It is true that by lowering the streambed gradient water temperatures could potentially rise. However, this is not likely since dense riparian vegetation (both deciduous and evergreen) will be planted along the stream to create a shaded canopy to moderate temperature and humidity changes (among other reasons). Item 19. Stating that sightings of bear, deer and cougar have occurred south of the site seems inappropriate without providing clarification that these sightings Resource 37 Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (206) 861-7550 • Fax: (206) 861-7549 Mr. Mark Pywell 8 May 1997 Page 2 were made: a) in another (i.e., May Creek) drainage basin, b) in a much larger and relatively less developed drainage basin, c) by an observer who raises sheep (an attractive prey animal for large predatory mammals), and d) in a relatively rural area compared to the subject site which is only a few blocks from commercial development. Drawing any parallel between the subject site and the small farm area to the south seem inappropriate regarding wildlife habitat value. Item 23. Again, there is reference made to increased stream temperatures without mention of the mitigation for this possible effect. Plantings of both deciduous and evergreen trees and shrubs along the re-routed stream corridor will actually improve shading. The statement was made by a witness that the temperature differences between existing conditions and those immediately after construction of the relocated stream would be measurable and not speculative. I disagree. The stream is north-flowing (low aspect to sun), has an 8% gradient (relatively steep), is deeply incised, and only extends a distance of slightly over 500 feet. I do not believe that a temperature differential, if it could be measured, would exceed 0.5 degree F. Item 28. What have May Creek's habitat problems to do with the subject site? Item 32. Statement concerning riparian environments and that they are not easily replaced. This statement by itself leaves the impression that there is only a downside to riparian modification, and that the stream will only be exposed to direct sunlight with corresponding warming of the stream's waters. First of all, the issue of solar warming of the stream's waters is grossly overstated. The rise in temperature between the south and north property lines is probably so low as to be nearly undetectable. And, during summer when the sun angle and ambient air temperatures are highest, there is no stream flow at the surface (i.e., any flows are subsurface where effects from solar warming would be quite unlikely). With enhancement of the stream corridor by grading, planting, and installation of large woody material (both in-stream and along the riparian edges), significant improvements to the aquatic and riparian habitats is expected. On some of our projects, willows have grown between 30 and 60 inches in one season. Our proposed plan for stream relocation and restoration includes the use of evergreen trees (e.g., Douglas fir and western red cedar) along the stream banks, which will provide more dense shade than exists with the present plant species. The plan also includes installation of habitat features (e.g., Mr. Mark Pywell 8 May 1997 Page 3 stumps, snags, down logs, bird nest boxes, bat roosting boxes) which will further enhance the habitat value along the stream corridor. Item 34. Contrary to this statement, there has been recent slope instability along the subject reach of the unnamed seasonal stream. Item 35. Statement was made concerning the placement of the bioswale in the wetland buffer, and that by so doing there would be impacts on the wetlands. The proposed plan is to provide a bioswale planted with native trees and shrubs along its northern (i.e., wetland) side. By integrating the landscape of the bioswale with that of the wetlands and buffers north of the swale, we believe that an overall benefit will be achieved, and that the wetland system (existing wetlands, the mitigation wetlands, and their corresponding buffers) will be of higher value than that existing in these wetlands at the present time. Comment regarding removal of the culvert reflects confusion as to the correct location of the culvert adjacent to the northern end of the subject property. The culvert referenced in the comment at the hearing is actually located well off-site to the north. Item 39. The comment that there was no demonstration that the mitigation would work is confusing. Our firm has designed and supervised construction on many similar projects. We are more than willing to provide evidence, if requested, that these wetland and stream projects were constructed successfully and that they are functioning successfully today. Based on our knowledge of the site, the proposed development, and our past experience on similar projects, we believe that we can construct a successful stream and wetland project on this site. Item 40. Statement was made that the stream mitigation plan was worked out after the appeal was filed. This is not entirely true. More detail was provided after the ERC made their determination (as is common), but there was information provided to the ERC pertaining to the issue of stream relocation. Detailed mitigation plans are not ordinarily provided at the time that the SEPA threshold determination is made. Detailed plans are provided once the applicant knows whether or not he or she has a project at all. Issuance of an MDNS, as we understand it, means that we must mitigate the adverse impacts, and that this must be done to the satisfaction of the City. Mr. Mark Pywell 8 May 1997 Page 4 CONCLUSIONS Item 7. Statement made that the decision-makers had insufficient information to make a decision based on evaluation of options that are permitted by code. Various site design options were considered and discussed with the City's project manager during site plan development. It was our strong belief that by combining the two northern wetlands (Wetlands A and B), and then integrating stormwater facilities with the wetland system, the net ecological result would be positive and the functional values of the combined system would be greater than the functional values existing at the site at present. The alternative to not impacting the two wetlands would be to leave them as they are today. This would mean that there would not be new wetlands created between them and that there would be no enhancement of wetlands or their buffers. But, by filling a total of 565 square feet of wetland, mitigation is required. By placing the biofiltration swale in the wetland buffers, the buffers must be enhanced. Therefore, the impacts to the wetlands and their buffers will result in a wetland system with higher functional values than what occurs at the site today. Approximately 1412 square feet (0.032 acres) of Class 3, isolated wetlands would be impacted under the proposed project. Only 565 square feet of wetland would actually be filled; the remaining 847 square feet of wetland would be inadequately buffered (i.e., the site would encroach into the wetland buffer beyond the minimum standard buffer such that the wetland would be considered "unbuffered" and is consequently treated as "wetland fill"). Approximately 1624 square feet of wetland area will be created as mitigation. This created wetland will occur between the two small existing wetlands to create one combined and enhanced wetland system. Item 8. The statement is made that this site will a) increase impervious surface, b) fill portions of two wetlands, c) alter the connections between two of the three on-site wetlands, and d) re-route and regrade the stream bed. a) Impervious surface will be increased, but will be mitigated for by implementation of a stormwater management plan meeting and exceeding City of Renton design standards. For example, stormwater will be detained for the 100-year event. Following on-site detention, runoff from most of the impervious portions of the site will be routed through a biofiltration swale. Treated stormwater leaving the biofiltration swale will be released to Wetland B. Some rooftop runoff will be Mr. Mark Pywell 8 May 1997 Page 5 routed to Wetland A after detention. Surface flows from Wetland A will extend through the mitigation wetland area and into Wetland B. b) Portions of two wetlands will be filled. The total amount of wetland fill is 565 square feet, or 0.013 acre. Total wetland impact on Wetlands A and B (both Class 3, wetlands) is 1412 square feet. The remaining 847 square feet is treated as wetland fill, but is actually that amount of wetland area in which the site development has encroached into the wetland buffer beyond the minimum amount allowed by City code. Mitigation is proposed for both the actual wetland fill, as well as the effective wetland fill. Approximately 1624 square feet of new wetland area will be created as mitigation. Minor impacts to these two wetlands is proposed to allow optimal use of the site, to facilitate integration of stormwater facilities (i.e., biofiltration swale) into the wetland area, and also to allow development of one larger wetland system supporting higher functional values. We evaluated the possibility of creating stormwater facilities between the two wetlands, but felt that by creating a wetland connection between the two wetlands and placing the biofiltration along the south side of the wetland system, we would achieve a better ecological solution. c) The connection between the two wetlands (Wetlands A and B)? There is no connection. The two wetlands are now isolated, except for large storm events in which surface waters flow from Wetland A to Wetland B. d) The applicant has not requested re-routing of the stream. This was a requirement of the City of Renton. The proposed project cannot be developed without road improvements. Road improvements require widening of the road toward the west, thereby affecting the present location of the stream. The applicant has attempted to illustrate and describe the concept for stream relocation. Further detail of this concept should and will be presented to the City and Washington Department of Fish and Wildlife (WDFW) for review, comment and approval. Item 9. Whether the stream's culverts and gradient are changed or not does not seem appropriate to a SEPA threshold determination. These are specific design issues which should be dealt with in preparation of the mitigation plan. Both the City of Renton and WDFW will have ample opportunities to comment on the mitigation plan as it is being developed, and finally to approve the plan once it is found to meet the requirements of the respective agencies. Mr. Mark Pywell 8 May 1997 Page 6 The plan that has been developed to date does not depict a detailed stream relocation design. Consequently, locations of meanders, deflector logs and rocks, weirs, plunge pools, point bars, root wads, fish rocks, etc. have not been shown. Significant changes in water quality, including water temperature, are not expected to occur with construction of the new section of stream channel. WDFW will condition the HPA by requiring that specific procedures be followed and specific measures be implemented to protect the resource. This will include an erosion control plan, contingency measures, construction timing and sequencing. We understand that fish passage in this stream is limited by a perched culvert off-site below the subject property. This off-site impediment to upstream fish migration is not an issue that the present owner has any ability to deal with. Item 11. This conclusion seems to ignore the fact that this project cannot be constructed without an HPA from WDFW. That permit will be issued only if the WDFW believes that the stream relocation will be done in an environmentally responsible manner. Talasaea's wetland report was submitted to the City of Renton on February 7, 1997 (Williamsburg Condominium Development: Wetland Delineation and Study Report. February 7, 1997). Our mitigation report was submitted to the City on March 20th (Williamsburg Condominium Development: Conceptual Wetland/Stream Mitigation Report. March 20, 1997). The latter document contains a drawing titled, Detailed Conceptual Wetland/Stream Mitigation Plan, Sheet W1.0, dated 3/20/97. Item 12. Talasaea has submitted to the City of Renton all Information stated by the Hearing Examiner to be necessary for an environmental analysis of the proposed project. Item 13. Comment made that site development could affect adjoining properties. The mitigation wetland area has been designed so that the buffer around the mitigation wetland would not extend onto the adjoining property to the north. Stream flows are not expected to change with construction of this project. Therefore, no downstream effects are expected. Item 14. Relocation of the creek cannot occur without regrading the entire area. An examination of the existing topography should make clear the need for • Mr. Mark Pywell 8 May 1997 Page 7 vegetation removal and regrading. Impacts will occur to vegetation and to water temperatures (theoretically, but probably not to the degree to which it could be practically measured). Erosion will be controlled by implementation of an erosion control plan. This plan will be submitted to the City and to WDFW, along with our final mitigation plan, for permit approval. Loss of riparian vegetation will be mitigated for by planting a wide variety of native evergreen and deciduous tree and shrub species. Water quality will be protected by scheduling construction during the summer low flow months, and by implementing standard BMPs as presented in the final plan and as conditioned by the regulatory agencies. The water elevations now occurring in Wetland A will remain the same following development of the proposed project. Wetland A is an isolated depression that flows toward the west during heavy rainfall events. This same flow path will occur following construction, passing first through the mitigation wetland area, and then to and through Wetland B. Question was posed in regard to possible losses of stream water through pervious soils in the relocation area. We would not expect this to occur. However, if it did occur, we would introduce fine materials into the streambed (e.g., natural silt or silty sands from a site certified to be clean of contaminants). Item 15. The biofiltration swale will involve periodic maintenance. Location of the swale in the wetland buffer may result in some minor disturbance to wildlife during these maintenance events. It is believed that the normal activities in this residential community will probably create similar disturbances to the wetland system. However, none of the disturbances (whether by maintenance or normal on-site activity) is expected to cause any significant impact to the wetlands. The composition of wildlife species using this site is expected to trend toward a more urban assemblage with development of the proposed project -- even if no impacts were to occur to the wetlands or the stream or their buffers. If the stormwater facilities, including the bioswale, are designed, constructed and maintained according to code and best management practices, there should be no adverse water quality impacts to the wetlands. Item 17. I do not believe there will be "more than a moderate impact" in the site's hydrology. The plan for stream relocation is to sequence the construction so that the new stream channel is constructed first, while the existing stream channel remains in use. Then, after the new channel is constructed and Mr. Mark Pywell 8 May 1997 Page 8 stabilized with plantings and large woody, material, the new channel will be "unplugged", allowing the stream to follow the new path. The old channel would then be filled, graded and planted. Hydrological impacts to the existing seasonal wetlands would be negligible, since construction of mitigation wetlands and grading and planting activities in the vicinity of the wetland system would occur during the dry summer months when there is no hydrology. I hope that my comments on the Hearing Examiner's Findings and Conclusions are helpful to you and the Environmental Review Committee in further defining the proposed project and in clarifying certain points raised in the April 1st hearing. If you have any questions pertaining to the information provided herein, please call me at (206) 861-7550. Thank you for your continued assistance on this project. Sincerely, TALASAEA CONSULTANTS William E. Shiels Principal cc: Mark Goldberg Allan Bauman John Phillips tat t t t aLmsb -1(cm 1 A ,��+ �Fd 4- l i ate DEPARTMENT OF THE ARMY , / 3 1n SEATTLE DISTRICT. CORPS OF ENGINEERS w =_ '� I :, y P.O. BOX 3755 RECEIVED �1�,: SEATTLE, WASHINGTON 98 1 24-225 5 n REPLY TO 1�‘,,,,, O STAn S LO P��p(. ATTENTION OF APi\ V / 1997 Regulatory Branch DEVELOPMENT PLANNING CITY OF RENTON Mr. Mark Pywell City of Renton Public Works 200 Mill Avenue South Renton, Washington 98055 Reference : 97-4-00558 Goldberg Dear Mr. Pywell : We recently received information that a project is being proposed by Mr. Goldberg at 4000 Lincoln Avenue North at Renton, Washington. This project is to construct condominiums and will impact wetlands . Regulations and guidelines implementing our permit program under Section 404 require that a permit be obtained prior to the discharge of any dredged or fill material into waters of the United States including wetlands (definitions enclosed) . If any filling, grading, excavation, or mechanized land clearing in wetlands is planned for the proposed project, then a permit from the U. S . Army Corps of Engineers (Corps) may be required. You should inform the proponent of this project that a permit from the Corps may be required for work in wetlands . If you or the proponent have any questions, please contact a project manager in our permit processing section at telephone (206) 764-3495 . 4/) Thomas F. Mueller Chief, Regulatory Branch Enclosure r LAWS, EXTRACTS, AND DEFINITIONS CLEAN WATER ACT (formerly Federal Water Pollution Control Act Amendments of 1972) DEFINITIONS per U.S. Army Corps of Engineers' Regulations: Section 404 requires Department of the Army authorization for the discharge of any dredged or fill material in waters of the United States including wetlands. Section 309 cites penalties for violation of Section 301 which prohibits placement of fill or dredged material unless authorized under Section 404. The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The Corps of Engineers has the responsibility for determining whether a specific wetland area is within Section 404 jurisdiction. The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the United States by manmade dikes or barriers, natural river berms, beach dunes, and the like are "adjacent wetlands. " The term "discharge of dredged material" means the addition, including redeposition, of dredged material, runoff from a contained land or water disposal area, and any addition, including redeposition, of excavated material. Excavation activities can include mechanized landclearing, ditching, channelization, and other excavation activities that destroy or degrade waters of the United States, including wetlands. The term "discharge of fill material" means the addition of any material used for the primary purpose of replacing with dry land or of changing, the elevation of a water of the United States, including wetlands. The placement of pilings constitutes a discharge of fill material when such placement has or would have the effect of a discharge of fill material. EXTRACTS from the Clean Water Act: 1. SECTION 404 (a) The Secretary of the Army, acting through the Chief of Engineers, may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material intoithe navigable waters at specified disposal sites. (b) Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary of the Army (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary of the Army, which guidelines shall be based upon criteria comparable to the criteria _2_ • it applicable to the territorial seas, the contiguous zone, and the ocean under section 403 (c) , and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application,additionally of the economic impacts of the site on H navigation and anchorage. (c) The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of I, specification) as a disposal site, whenever he determines, after 'Il notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas) , wildlife, or recreational areas. Before making such determination, the Administrator shall set forth in writing and make public his findings and his reasons for making any determination under this subsection. 2 . SECTION 309 This section provides that any person who willfully or negligently violates the provisions of this Act may be punished by a fine of not less than $2, 500 or more than $25,000 per day of violation or by imprisonment for not more than one years or by both. In addition, any person violating this Act may be subject to a civil penaltyof 'not more than $25,000 per day of violation. - - it it 'll t2NOT1DE CITY OF RENTON HEARING EXAMINER WILL HOLD A PUBLIC HEARING IN CITY COUNCIL CHAMBERS,CITY HALL ON APRIL 01, 1997, BEGINNING AT 9:00 AM CONCERNING: APPEAL OF SEPA THRESHOLD DETERMINATION RE WILLIAMSBURG CONDOMINIUMS LUA97-029,AAD(LUA-96-164) Appellants are appealing issuance of Determination of NonSignificance-Mitigated • (DNSM)for this project. Appellants believe the DNSM should be withdrawn and a Determination of Significance be issued. The applicant is seeking approval to construct a 62 unit condominium project. The ERC issued a DNSM. Location: 4000 Lincoln Ave.NE. • GENERAL LOCATION AND/OR ADDRESS: 4000 LINCOLN AVENUE NE - 7 .. %. . ... 0 ._ , _ _ . . A ° - .;„;i • le, cl . I'I AN'5...__ H -&N LT• INe7•N'�. 6AR Opt ^Ij:0,, s. 4 . ,,JII } I c211.b—_3IVIS•N NN ' Hi; - '_, i! : FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT SERVICES DIVISION AT 235-2550. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. CERTIFICATION . I. z;t ri c J a CY.SOlik , hereby certify that copies of the above document were posted by me in I,' conspicuous places on or nearby the described property on . Signed: s .fl61-vr \./CWI/N1i (/ STATE OF WASHINGTON ) • ) SS COUNTY OF KING ) . - I certify that I know or have satisfactory evidence that ' illi�`1 .JAGKAl signed this instrument and acknowledged it to be his/her/their free and voluohnsag,for the uses and purposes mentioned in the instrument. •C\ /'•••••, /� o Dated: 3/)I C1 /7`� __ = a ,t ' r Notary P is in a or the State bfN'ishington Notary (Print) 41A-% A/1�%��•,�`Vic 2- My appointment expires: l0/%1 9d� NO TARY,DOC • ‘� 00i 1 4�}n.R;,JJ. , t To: Development Services Division DEVELOPMENTPLANNING 200 Mill Avenue South CITY OF RENTON Renton, WA. 98055 MAR , 3 1997 Re: Williamsburg Condominuims a F. LUA-96-164,ECF,SA. . ECEV E. I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having .62 condominiums (9 big buildings and parking, garages) constructed in my neighborhood. I have lived here for years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this, development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: Address: 1/00 6 C� � Ave_ , /v E k2Q ( (A) I- 205C "ram Z� -- �� � S Phone: bme- Aft Washington State Northwest Region •, Department of Transportation 15700 Dayton Avenue North Sid Morrison P.O. Box 330310 Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 • DATE: March 7, 1997 DEVELOPMENT PLANNINP CITY OF RENTCW TO: Mark Pywell MAR 7 C 1997 City of Renton,Project Manager 200 Mill Avenue South Renton WA 98055I ' • Subject: SR 900 13.58 CS 1713 Mitigated Determination of Nonsignificance-Williamsburg Condominiums 62 Units & 44 Unit Townhouse File No.LUA-96-164,SA,ECF.4(4.11"FROM: Robert A. Josephson,PE,Manager of Planning&Local Coordination Washington State Department of Transportation Northwest Region 15700 Dayton Avenue North,MS 122 P. O. Box 330310 Seattle,WA 98133-9710 Thank you for giving us the opportunity to review this project, which is located at 4000 • Lincoln Avenue NE. Our response is below: The State recommends that a traffic study be prepared to analyze the state intersections that are impacted by ten or more of the project's generated peak hour trips and also determine what mitigation measures, if any, would be required. If you have any questions, please contact Don Hurter at 440-4664 or Vickie Erickson at 440-4915 of my Developer Services section • VEE:vee File Name CITY OF REI\ITOIV March 10, 1997 �R o 1997 City of Renton Hearing Examiner RECEIVED 200 Mill Ave. S :i t Y CLERK'S OFFICE Renton, WA 98055 Subject: Appeal of Determination of Non-Significance, Williamsburg Condominiums Dear Hearing Examiner: I am challenging the Determination of Non-Significance by the Environmental Review Committee by filing an appeal with the City of Renton Hearing Examiner. I believe that the ERC has failed to impose sufficient conditions to mitigate impacts related to this project. I was encouraged to appeal by Larry Fisher, Area Habitat Biologist with the Habitat Management Program for the State Department of Fish and Wildlife. Much of the information I provide here is from speaking with him. • I believe that there are unmitigated adverse impacts to the wetlands and stream in the area of this project. Without requiring substantial additional mitigation, this project needs to have an Environmental Impact Statement prepared,and the plans for the project must be changed to comply to the EIS. The wetlands A and B in particular don't have an adequate buffer around them. There is a bioswale in the • buffer for these wetlands,essentially erasing the buffer. The bioswale should be outside the wetland buffer. The bioswale will need maintenance,where the buffer's purpose is to be land untouched and unmaintained. There are no building setbacks for this project. King County specifies setbacks of 15 feet for this purpose. It is impossible to construct buildings without damaging the ground. This is why there should be planned setbacks. Without setbacks,the buffer for the stream on the property would be considerably damaged. There cannot be any adverse impacts to this stream. Water flow through the property must be maintained. The • portion of the stream on the property to be developed has good streamside vegetation on it and is in good condition. All streams are important for water quality and fish downstream. The City of Renton wants the developer to move a portion of stream away from Lincoln Drive NE so the road can be widened. The road would need to be widened in order to mitigate the additional traffic generated by this development. The portion of stream to be moved is on property owned by the city. There is no mitigation proposed for moving the stream. This is a significant reason to require an EIS. There must be mitigation for moving the stream. It is the opinion of myself and Larry Fisher that this project will certainly increase flooding downstream. The area behind McDonald's,NE 43`d Street and Jones Road,floods easily. This area is the only way out of the May Creek canyon. More flooding will have an adverse impact on this road. Salmonid fish have been sighted in the stream behind McDonald's and Denny's. More flooding will have an adverse impact on these fish. In closing, this project has several unmitigated adverse impacts. These adverse impacts are significant when added up. Without requiring substantial additional mitigation,this project needs to have an Environmental Impact Statement prepared,and the plans for the project must be changed to comply to the EIS. Sincerely, �~ Monica Rosman LaFever Marty Roberts 3915 Lincoln Ave.NE 3925 Lincoln Ave. NE Renton, WA 98056 Renton, WA 98056 _erg King County Metro Transit Division OEVELOPMEIVr R Design and Construction Section, Clrvn� c�lLANNING Environmental Planning and Real Estate nN Department of Transportation 821 Second Avenue M.S.122 R 1 C 1997 Seattle,WA 98104-1598 (206)684-1418 „� (206) 684-1900 FAX ' March 7, 1997 City of Renton Environmental Review Committee Mark R. Pywell,Project Manager 200 Mill Avenue South Renton, WA 98055 MDNS,Williamsburg Condominiums, LUA-96-164,SA,ECF Dear Mr. Pywell: King County Transit Division staff have reviewed this proposal and have the following comments. The proposed project is located within the Dial-A-Ride(DART) area and is served by DART Route-925, on a call-in request basis, along 116th Ave. SE approximately 1/2,mile east of the site..,No bus zone or transit related improvements are recommended as a result of this proposal. However, staff recommends the proponent provide pedestrian access throughout the complex. For further questions regarding transit service to the area, please call Radford Duckworth, Transit Planner, at 684-2165. Thank you for the opportunity to review and comment on this proposal. 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"-Tr O r�l q 0\1 - C c 1-- Y t ) Li cE . t< z-j J'o A l 1-__Cr-1 of ,d_L___ -- -cow c;)%-05-(0 Coco) 2-7_77 LO-5 t�`J. 4a v.� �?�0�5 �l�lT ►�1 W 1' � i - .5±1-09 V\.‘ I (2, rv4 IV/ . • . . • - 14.;-,r1 • I AE, L66!, 0 WA 2100 NE 31d Street JNINNVid.03111d013A3a Renton,WA 98056 206/235-2148 March 7, 1997 Development Services Division 200 Mill Avenue, S Renton,WA 98055 RE: Williamsburg Condominiums LUA-96-164,ECF, SA I am writing to express my concerns regarding the above project, and to request additional notifications of the city's appeal periods and public hearing dates. I am adamantly against have 62 condominiums constructed in my neighborhood. My husband and I chose this area for its quiet, rural environment. We have experienced severe flooding in 1995 and 1996,increased traffic, and residents leaving more and more garbage along the road. Building this development would bring more pavement and less natural habitat to hold back runoff,thereby increasing flood hazards. This development would also cause increased traffic problems,noise pollution, and a decrease in the marketability of single family residences in the area. Sincerely, N cy M. 'sp yell ao To: Development Services Division 200 Mill Avenue South Renton, WA. 98055 Re: Williamsburg Condominuims LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for VI- years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: c ��J� Address: \ 'c v3N- ,=xsos- cp Phone: `:8c;) — CITY OF RENTON RECEIVED MAR 1 0 1997 BUILDING DIVISION • DEVELOPMENT PLAN��!n!r To: Development Services Division CITY C����=. 200 Mill Avenue South Renton, WA. 98055 C '` 1 Q 1997 Re: Williamsburg Condominuims RECE `' "�"" LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: Address: a9,55 M6n11- N P' Weide" tiV41 Phone: -- /"7/ Z. DEVELOPMENT PLANNING To: Development Services Division CITY OFRPNTON 200 Mill Avenue South Renton, WA. 98055 MAR 01997 Re: Williamsburg Condominuims RECEIVED LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for A_ years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. • Name: tynl //WI l35 Address: ion 64l CO//4 /' /VC !, l7r44 6444 g/5Cv Phone: ( x0) 27-V 1G9 • k March 7, 1997 Development Services Division 200 Mill Ave. S. DEVELOPMENT PLANNING Renton, WA 98055 CITY or-"FNTON I, 1997 RE: WILLIAMSBURG CONDOMINIUMS LUA-96-164, ECF, SA REC IIV To Whom It May Concern: As citizens of the City of Renton, and as homeowners currently residing three (3) lots south of the proposed development along Lincoln Avenue NE, we would like to address our concerns and objections to the above-mentioned project. Even though we object to the proposed development, we believe property owners have the right to develop sites based upon zoning ordinances and development standards. We also understand that the City of Renton takes a great amount of care and deliberation in determining the best use for a particular site. Our objection to the proposed development, therefore, is based upon several critical factors which be believe have not been appropriately addressed and in the long-term are detrimental to the City of Renton and the surrounding neighborhood and the natural habitat. We look forward to the City of Renton'responding to the following issues: 1) Geotech Consultants, Inc.,'the consultant hired by the developer, based their engineering study dated September 13, 1996 upon a development consisting of three (3) 21 unit apartment buildings and one (1) recreation building. The project narrative, however, acknowledged December 24, 1996 by Development Planning, details seven (7) townhouse buildings and two (2) buildings containing flats. Obviously, the development has changed in scope since their initial study and, therefore, necessitates further review. Geotech even denotes on page 3, paragraph 2 of their report that any recommendations they have made (i.e. the report is based upon four (4) buildings versus nine (9) buildings) are subject to change and further review based upon the final development plans. Has a new geotechnical engineering study been conducted therefore, based upon the December 24, 1996 project narrative? 2) Our understanding is that the City proformas 2.34 people per unit in a development of this nature. Based upon:these guidelines, the -current allotted parking for 136 cars fall approximately nine (9) stalls short of`generally accepted guidelines'.' Based upon`a fully occupied complex,and the inevitability that those dwelling in the proposed complex will have guests at'their residences, we are not particularly looking"forward to the overflow parking spilling our in front of our house on Lincoln Avenue NE (please note that Lincoln Avenue as it currently exists is a narrow road, without a middle lane divider, and any extra offsite parking would create a public hazard.) ''" —' 3) Please note that the Wetlands Delineation Reports dated February 7, 1997 in paragraph 5.3 addresses the existing creek that runs through the northeast portion of the property. This issue is further addressed by the Washington Department of Fish and Wildlife's letter to Mr. Mark Pywell dated February 21, 1997. What is the current status of the relocation of the creek? Hydraulic Project Approval (HPA) is required for the relocation of this creek, alteration for the relocation of any adjacent wetlands, and outfalling of stormwater to waters of the state from this proposed project. Why was the requirement to obtain an HPA not indicated in the environmental checklist? Have alternatives to relocation of the creek been selected due to the probable significant impacts on the creek if it were relocated? As you know, per the memo from the Planning/Building/Public Works Department dated February 17, 1997, there have been flooding problems in the downstream system for this site. Even with efforts to alleviate this problem, there still remains an undersized culvert through the Baxter site on Lake Washington that has limited capacity. The memo recommends additional detention be required thought SEPA to provide storage throughout the 100. year storm event or requires the developer to improve the downstream system to provide adequate capacity due to additional runoff from the site. Where does this issue stand? 4) How will the City assure, and please demonstrate, your ability to address all issues dealing with public safety (fire, police, etc...) associated with this proposed development. As you know, Lincoln Avenue is a quite, rural and family oriented environment. The site is zoned CA and the proposed development is a sharp contrast to the single family environment we all enjoy. We moved into our new home on Lincoln Avenue in 1992. We look forward to remaining in the City of Renton for years ahead. The proposed development, however, causes us great concern. Please note once again that we believe property owners have the right to develop sites based upon certain criteria. Our contention with the proposed site is not that development shall occur, rather that the proposed development does not address several major existing issues. In fact, by analyzing the above mentioned memo's currently on file, it appears the proposed development only exacerbates these major issues. Sincerely, l im Bisset Bisset r CITY of RENTON ••+i ''\ Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 6, 1997 Mr. Lyle Kussman Kussman Associates P.O. Box 1705 Bothell, WA 98041 Subject: Williamsburg Condominiums LUA-96-164,ECF,SA REQUEST FOR MODIFICATION OF PARKING STANDARDS Dear Mr. Kussman: I am in receipt of your request for consideration and approval for modification in the parking standards established in the City of Renton Parking and Loading Code, as amended by Ordinance No. 4517. Reference made to the code in the following evaluation shall be taken to denote the Renton Parking and Loading Code. BACKGROUND The applicant has submitted a site plan application in order to construct a 62-unit condominium project. The project will include 44 townhome style condominiums and 18 flat style condominiums. A total of 136 parking stalls are proposed by the applicant. Sixteen guest parking stalls and 93 residential parking stalls are required by Code for a total of 109 parking stalls. These parking stalls may be provided as covered parking or uncovered parking. The modification requested would allow for the construction of 27 parking stalls in addition to the 109 Code-required parking stalls. SUMMARY OF REQUEST The applicant proposes to provide sixteen parking stalls around the center of the complex for guest parking and a total of 120 parking stalls in garages attached to the residential units. In total the applicant proposes to provide 136 parking stalls, this is 27 parking stalls in addition to the 109 parking stalls required by Code. The intent of the applicant is to develop a residential complex that will provide the same amenities as a single-family residential development of the same size. Single-family homes normally provide two parking stalls in a garage for each home. To the extent possible, the applicant is attempting to provide an equal amount of parking for this project. The Code only allows for 1.5 parking stalls per multi-family residential unit plus one guest parking stall per four units. This project will provide 1.9 parking stalls per residential unit plus one guest parking stall per four units for a total of 136 parking stalls. 200 Mill Avenue South - Renton, Washington 98055 Nit Kussman &Associates Page 2 FINDINGS 1. Parking and Loading Section 4-14-1.C.1.a. states: Approval for deviation from standards: Whenever there are practical difficulties in carry out the provisions of this chapter, the Planning/Building/Public Works Administrator may grant in writing modifications to the standards for individual cases, provided that such modification: Conforms to the intent and purpose of the Code; and can be shown to be justified and required for the use and the situation intended; and will not create adverse impacts to other property(ies) in the vicinity; and will be made prior to detailed engineering drawings. 2. The are practical difficulties in regards to the parking in this area. Due to the nature of the roadways in this area, street parking will be severally limited on the adjacent streets. Guest will need to park on-site and residents will need to park in their own garages and will not be able to park on the public street in front of their home. This need to accommodate the vehicles that would normally use the public street parking on-site places a higher parking demand on the project than would normally be present in a development of this size. 3. The proposal conforms to the intent and purpose of the Code, in that it appears to be justified and will provide adequate on-site parking for the residents and guest of this development. The deviation from the standards will not cause an adverse impact on the adjacent properties in that it will reduce the use of street parking on the residential streets in the surrounding neighborhoods. 4. The request has been made prior to submittal of detailed engineering and design drawings. The conditions stated in the Code for approval for deviation from standards have been met. DECISION The requested modification to the Parking and Loading Ordinance, regarding the number of parking spaces is granted on the condition that the proposal incorporates on-site landscaping as mitigation for the appearance of any increased parking area. The added landscaping shall be shown on the landscaping plan and shall be acceptable to the Development Services Division. Sincerely, c7' " /MIi r m'14 Gregg Zimmerman, Administrator Planning/Building/Public Works Department cc: Fred Kaufman, Hearing Examiner Jana Huerter Mark Pywell CITY IF RENTON 6811. Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 6, 1997 Mr. Lyle Kussman Kussman Associates P.O. Box 1705 Bothell, WA 98041 Subject: Williamsburg Condominiums LUA-96-164,ECF,SA REQUEST TO USE BUFFER AVERAGING Dear Mr. Kussman: I am in receipt of your request for consideration and approval for the use of buffer averaging on the Category II wetland on the west side of your project site. Buffering averaging is permissible in accordance with the Wetland Management Ordinance provided that the buffering averaging does not reduce the square footage of the buffer and it is approved by the Department Administrator. BACKGROUND The applicant has submitted a site plan application in order to construct a 62-unit condominium project. The project will include 44 townhome style condominiums and 18 flat style condominiums. A total of 136 parking stalls are proposed by the applicant. There are three wetlands located on the subject property. The wetlands have been classified and delineated by Talasaea Consultants in accordance with the City of Renton Wetlands Management Ordinance. Two of the wetlands, located on the north end of the subject property, were classified as Category III wetlands. The applicant is creating wetland area that will combine these two wetlands into a single wetland in order to compensate for a minor amount of filling along the southeast edge of this wetland. In this case the applicant is creating wetlands area at a 1:1 ratio for the filled wetland. This is in accordance with Section 4-31-6.C.6 of the Wetlands Management Ordinance that allows for a reduction in the ratio of created wetlands when the developer combines two Category III wetlands into a single wetland. The applicant is providing the required 25-foot buffer around the edge of these wetlands. The third wetland is a Category II wetland that is located on the southwest corner of the property. In order to provide a layout for the proposed development with the required parking and landscaping, the applicant has requested approval to use buffer averaging along a short section of the Category II wetland. The Wetland Management Ordinance required that a fifty-foot (50') buffer be provided around a Category II wetland. SUMMARY OF REQUEST Due to site constraints, the buffer averaging will occur along a small portion (approximately 850 square feet) of the buffer for the Category II wetland located in the southwest portion of the site. The applicant's wetland consultant does not believe that the buffer averaging would have a significant negative impact on the wetland since: 1) the total amount of buffer area required for this wetland (10,624 sf) will be maintained, 2) in no area will the buffer width be less than 40-feet (a 20% reduction of the 50-foot standard buffer), and 3) the areas proposed for buffer reduction will not extend beyond the top of the slope leading down to the wetland edge. 200 Mill Avenue South - Renton, Washington 98055 Kussman &Associates Page 2 FINDINGS 1. The Wetlands Management Ordinance, Section 4-32-3.H2.I, list five criteria that must be met in order to make a determination to allow buffer averaging. • In this case the buffer averaging is necessary in order to allow for the development of the property due to the constraints imposed by existing roadways and the shape of the existing lot. • The wetland contains variations in sensitivity due existing physical characteristics of the site and past activities that have been developed within this area. • The area where the buffer will be reduced will be developed for rear yard of townhomes which in itself will limit the activities in this area. • The buffer averaging will not cause a deterioration in the function or value of the wetland. • The total area contained within the buffer after averaging is no less than that contained within the buffer prior to averaging. 2. The proposal conforms to the intent and purpose of the Code, in that it appears to be justified and will provide adequate buffer area around the Category II wetland. The applicant will need to provide an enhanced buffer planting scheme in the area where the buffer area is reduced. 3. The applicant will need to provide a final Wetland Management Plan for this site in accordance with the Wetland Management Ordinance. DECISION The request to use wetland buffer averaging on the Category II wetland on the west side of the project site is hereby approved. Sincerely, t I Mfr M' Gregg Zimmbrman, Administrator Planning/Building/Public Works Department cc: Fred Kaufman, Hearing Examiner Jana Huerter Mark Pywell s FROM KUSSMAN ASSOCIATES 2. 5. 1997 13 P. 2 • I • .. ,4• SS • OCIATES ��4VIAT ASS z.•• 'u Archifedt .;;•Planrier5�*� Consultants . ' . • • February 4, 1997 Deve1opinent4 services : Division . Cityy"of nton••. .. • • Municipal .Building• .. • • .• . , • Rdntori, •Washington-..9$055 . . , I • • RE: 62-Unit�.:Wi].liamsbiirg Condominium 4000 - •Lincoln Drive.-N.E. . Rento•n, WA.•. .• . • . - - -• • . . 1tussman=Associates :.0'9606 Dear Mr. Pywell: We have.'been,;. reguested._;byy the : otianers%develo;V "> ' .to- equest . from the:City of itenton'a piatthing/Building/Pub1 io WorkiV.:tiepart�ient a departure •'from ::the .Pdrking,,.�standards .(Sectioi :',4 .1`4-S) .'-.which asetforth. -the ntaxii�um • a12oved parking - st alks'.':for -,; ti#ti aani1y . 'developments. • ti; As. we -review;Section--4•-14--8- the. above. named da is tments.Jaay authorize -a-•deviation from:;:the�inaximum parking:_:requikehents•-for a • specific devblOphient. - -.1 .-r . 1 ..:- •. �,ri4 .. 1, The Calculated.,inaxitnuni-Va) king-requirements,-.for`;th ,purposed 62 units x 1.S,•stalls per::;unit' m'.93.00 .plus: Gue•st.';isrtkk1ngt-:at -the ratio for 1 :stall per 4!::dwie ling units which is,•`(.63-:..:.;::..4)`:X. i l* 13.75 rounded. to 16 stalks proposed t . . A) Guest Parking: . Required by .code 16 stalks. , Proposed by applicant 16 stalls. •. '•�'q�t• •. which. are located'outside the .structures end..ki4;'ii�e : • . landscaping surrounding. • D.) Multi-Family Units:. .: . . . �. Haximum .al3.otied by .code 93 • • Propbesed: by applicant.. 120 . . wore then allowed. by .code 27 Stalls. : ' ' Section 4-14-1*C z 'a of%.the Parking and Loading;�Ordinatibe-;has provisions for.the .applictint.:to. request .0 deviati c h, fit - the„code . standards if .these 'are:praatit�al •difficulties .,I.W.-c iirri'ih otit_;the• . ti I_ i provisions of their •chaptei';:::;•::.The Plahningfili it iifrig�.' . 1• •;:Wachs Administrator- hay 'grant a.'ta6dification. to• the'' tt ik�ttlCatds:.,pat the four items avtforth in this; section of• the ordinenc e.-::.. .• • • . - • FROM KUSSMRN PSSOCIR' " 2. 5. 1997 ;. '3 P. 3 •I • • • • 1) Conforms to the intent .of .the Codes • . • . The proposed development•which is a Condominium will in:real life be .more •like ..an 'attached.:single family development.. which::::by 'code would allow•.two .(2) parking.tita11s per single fainily•cuiiit.and..they 1' could be .in tandem. • Ke• are proposing:. individual::;-�garages. •for • 44. of•; th' e::;units;.al•l •of which" have. two .�•(2)Aatails :completely enclosed •and;-of:�thia . �it umber 8 units have garages,,which' allow auto'a to be parked side by: aide. j The remaining 36 unit .have.garages designed for tande : parking. Thus, . of the proposed total of 120 stalls, 88 stalls . are in individual garages direbtly attached to • the units for 'which they nerve. • • The remaining 1$ units are in two (2) structures.. Which.. are 3 stories in height over. a :semi-private garage which.Yids :a:total of 16 stalls • in ' each .garage. : Of the 16 stalls, 14 : s I,lis . are in tandem to genre 7 unite in the structure and the. relmalning:•two (2) parking stalls are for the eighth and ninth units in•the structure. 2) Can be shown ,to be justified and required.- for the: use. and situation.intended* . • . .•• • ', We .feel-that the situation of,:. a..development•located this:•:area:.of ' deli/Inds delnds • that :the..development provided. parking;,;•.ist; a. higher. ratio than the . Code allows. .•.Because -of the' lack•'•of.:;:good:ypublic transportation, two family 'members working and present day life styles. 3) Will not create adverse:i.>apaots to surrounding.propstties: The proposed. additional parking is all located inside-of •enclosed garages and not visible to :the surrounding properties;": • 4) mill be made prior to- detailed engineering. and ;delis: . • • We•are requesting the .modification now during •.the`.:Situ,,:.glen Approval process which ie prior- to building permit appx`ications. • Thus with the above information, we feel that the yrariting of • additional parking will not be incompatible with the item. setforth . in the code and the request should be granted. Sin .rely, • (04eldw14x yle Ku sman • • • V • n em new 17nc Rnthe'l1 \Y/A oRn41-1705 • (206 R61-7200 • Fax: fifRS..1 O2 )EVELOPMENT PLANNING �r�IT.rl�l To: Development Services Division nIT"'r 200 Mill Avenue South MAR 0 7 t997 Renton, WA. 98055 Re: Williamsburg Condominuims RECEIVED LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for Z years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the rr ar e`t property value of our homes. We are taxpayers, we matter. Name: 644 /e? t c `P/— Address: 3 3& / V ,g/ 'ems/- R474/-e-Ti IX)A Phone: °() - 27 973 RECEIVED MAR 7 - 1997 BUILDING DIVISION Marty and Mike Roberts 3925 Lincoln Ave. NE Renton, WA. 98056 March 6, 1997 To: Development Planning, City of Renton Re: Williamsburg Condominiums LUA-96-164,ECF,SA We are writing this letter to express our concerns regarding the proposed Williamsburg Condominium Development. As property owners and taxpayers we feel that the city has not adequately researched this proposal and the ramifications this development would have on the surrounding neighborhoods. We have a number of questions, concerns and issues and are hoping they will all be addressed before any final decision is made. Safety One of our major concerns is the proposed main entry to the development. N 40th Street is right at our school bus stop. With all the development traffic coming through the school bus stop daily, this is certainly a dangerous situation. We must protect our children. The planned entrance is also adjacent to our property. Our children often ride their bikes on the side of the road in front of our house. This main entrance and the traffic it will support is much too close to our driveway. Children can watch for cars, but the number of cars that one entrance will generate is overwhelming! The city report notes an expected 400+ car trips per day to be generated as a result of the development. The currently proposed entrance is clearly unacceptable. For our children's safety, please move the entrance!! Environment One of the reasons we were attracted to our home when we purchased it was the natural surrounding environment. We see raccoons, possum, squirrels, and hawks as well as a multitude of other types of birds daily. We see deer at least a few times a month. We have also seen on our property bear and coyote. We can walk down our hill and watch the salmon spawn in the creek. I am sure with a 3 acre development going in, that will be a thing of the past We have seen nothing in the proposal addressing any concern from the city for protection of the wildlife on and near the proposed development. Another concern is the proposed.mitigation of the wetlands and the stream. Although this looks like a viable option, we can see no building setbacks on the proposal. The buildings,are actually, right next.to the buffers"for the wetlands and the stream. This will significantly reduce the size of the buffers and have a negative impact on the wetlands and stream. Is this normal building,operations or was it just overlooked? Storm,Water Management We were also surprised to learn that the land.for the development is even usable for building. We have lived here for 7 years-and that-property.bas_always.been wet. Besides the 3 wetlands and the stream there is also an artesian well. The property also gets.an.-enormous amount._of.run off from up the hill. Where will all the water go when the ground is covered with asphalt? We have seen our road (Lincoln Ave. NE) washed away every time there is a heavy storm. Jones road below us is often times under water, as well. Even with the land absorbing all it can, we still have flooding problems. Until the storm water management system is under.control (specifically.the Baxter site culvert).l don't see how this development can even be considered. • Our Future We purchased a home in this area for many reasons. One was to assure our children could attend Hazelwood School. It is an excellent school that is already full to capacity. What are future plans -for that school in particular - to accommodate this proposed growth? Will existing boundaries be changed? . Will more space be added? As a satisfied parent with children enrolled at Hazelwood these questions need to be answered. Another issue that needs to be mentioned is our concern for reduced property. value and destruction of our rural neighborhood. Our house sits on 3/ of an acre and surrounding"houses occupy at least 1/2 acre lots. Our neighborhood is quite spread out and this development would alter its appearance significantly. This area would have a definite,,unplanned look to it. We are concerned that this will reduce our property value. As our property is immediately adjacent to the proposed development, we request that in the event that construction is approved, the developer be required to compensate us for any reduction in property value resulting from the new development as follows: We request that the developer be required to pay for at least two independent assessments of our property. One assessment to be performed prior to any construction and one assessment to be performed immediately following completion of construction. We expect to be compensated in cash at that time by the developer for any reduction in assessed Value between the first and second assessments. We have invested our futures here, and feel that it is only, fair that we not be expected to suffer any financial damage as a.result of the proposed development. As the next door neighbor to the condominium development, we have even more. specific questions. What is planned to deal with the noise, pollution, exhaust fumes and dust that will occur during.construction? Our lives will be disrupted for a minimum of 10 months. We will be the ones waking to construction noise every day. We will be the ones who can't let our children out to play in the summer for the danger they will encounter living next door to a massive • construction site. How many times will we be without electricity and water because the construction crew has hit a line? Lincoln Ave. NE is our only access to our property. How often will our schedules by,delayed due to construction vehicles in the road? Will emergency vehicles be able to get to our homes quickly? We will suffer before this development even has people in it. What can be done to minimize these problems? Odds and Ends What is the plan for Lincoln Ave. NE?. The road is barely wide enough for 2 cars to pass by now. Will it be widened? Who will pay for the improvements? And what about sidewalks, trees and fences along the condominiums property lines? Where are all those cars from this development going to park? The plan states there will be 135 parking_spaces.. Only 15 of these are guest spaces.. Lincoln Ave. NE is not wide enough to accommodate shoulder parking. Monterey is curved,:poorly. lit at night, and has an inadequate shoulder for cars to use. 15 extra spaces is not enough for 62 units What is the possibility of these condominiums becoming apartments? The Cedar Rim development down the street started out as condos and is now an apartment complex which currently houses a number of registered sexual offender&. As parents of 3 young,children we are concerned about this occurring in a development adjoining our property. In closing, we would like.to propose a.different.plan.. A plan with much fewer units, multiple entrances, a main entrance located at least 300 feet further north, away from our children. A plan that would not disturb the wetlands and the stream and takes into account the well-being of the area wildlife. A plan that is . more in keeping.with our community,:lifestyle and values. Sincerely, Marty and Mike Roberts IV QovW' • 3/4/97 DEVELOPMENTO PLANNING Cl I Y n- MAR 1 C 1997 To: City of Renton- Planning/Building Department Subject: Williamsburg Condominiums RECEIVED Project No. LUA-96-i 64,SA,ECF i am writing this letter with a number of concerns and questions. I live in the neighborhood of this proposed project. i do not want these condominiums built for a number of reasons. Here are my reasons, concerns and questions. 1 . Negative Impact on our neighborhood- A . Safety- 1 . School Bus Stop- ingress & egress of this sight is right by our children's school bus stop. The road leading to the bus stop has two curves in it so the bus stop can not be moved. 2. Traffic - The main road has heavy traffic already. The condos would generate an average of 400 or more trips a day. Exit 7 on and off the freeway is very busy now. Will you be adding stoplights to get all of us on the freeway safely? 3. Emergency Services - Another project was rejected based upon proximity to fire stations and emergency response time (Duncan annexation apartments) this is right across the road from this sight. Why is this even being considered since emergency services have not changed? B, Flooding problems - 1 . Our neighborhood has had a tough time with the last two" 100 year floods" this past year . The area was never affected so badly by rain . I think the flooding problems started after King County allowed the clearing of a whose hillside for a development now called Whitehawk up the hill from us. Neighbors who have lived here for 50 years agree with me. This flooding has cost alot to repair and left our neighborhood with improved but open dangerous drainage . The city also has not scheduled to fix the undersized culvert leading to Lake Washington. Shouldn't this be taken care of before a development of this size is considered? J ' 2. The Geotechnical Engineering Study of this sight was done last September- the driest time of the year. This study was also for the building of three apartment buildings and one recreational building -(four buildings). Now the plan is for nine buildings. Wouldn't this change the study's findings? There are three wetlands on this sight plus a creek. The land has steep ridges and a well on it. Moving the creek and covering up these wetlands is fooling with "Mother nature" too much!! C. Condos are Not in Character with the surrounding neighborhood- 1 . All the homes in the surrounding area have big yards. We take care of our yards and enjoy the woodsy surroundings. 2. The developer only listed songbirds as being in the area on the Environmental questionaire. We share this area with alot of different kinds of wildlife. We see Red-tailed hawk, an occasional eagle now and then, deer , raccoon, possums porcupine, coyote, an occasional cougar, heron, salmon in May creek plus many kinds of other birds. We even a black bear in the neighbor hood last year! I feel development of this size would take away from the character of our homes and the wildlife we have around us. D. Value of our homes- 1 .The market value of our homes will decrease. I am afraid that some of my good neighbors will move if these plans are approved. 2. Will these condos be lived in by the owners or will they be rentals. The big Cedar Rim Apartments by exit 7 started out being condos 3. .The elementary school serving our area is Hazelwood. Hazelwood is filled to capacity right now. I fear they may send our neighborhood out to another school. 4. Why is there no play area for children on these plans? How do we keep these new neighbor kids out of our yards and off the street? 5. What about parking when these people have guests? Lincoln avenue is not a very wide street. There is no room for parking on the street. E. Size of Development - 1 . Why does this development have to be so big? If the number of buildings and units were decreased in half, it might be O.K. Please consider the neighbors when you make your decision about this unwanted development. We want to continue to call Renton our home! a/itYli,Z, am erPouti Pevr &Dv . g810 . . f r CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING '' i On the day of YVAILIn , 1997, I deposited in the mails of the United States, a sealed envelope containing R, it V\eav-lr1 l:y.Aw \vte r— documents. This information was sent to: Name Representing T3 S D ��� r Lr1_ C.ok{�,evc,� Pt K,eNIL1d e V1Sta. L,L .L Tr%-o Vt- Eci u t %-toh-e.- Eibt vw IM aker- DOt-Ve 1a►,d 1M nhic.a 1-44GVe r' -hard del ►vered 'fat FIr c r4t Alyv eka- nnua1e.n Par Dav1a. Sheet l,WadritNI- bn GOY40/1 Oo r t.11 ry rjare.7' r teisex, Fr,-Y1k -aid Ro'e, Fod..hMkO Ric-tnard and Test 13 rur'ovy Roger- Urbav‘tth L. Easrt' e.. CoKv wve aa1. G l J.w%e t teams ttea-W. Pet fev�ti�s r� [eler- U01nvlsole1 P'. etue r\da\I 5-toKu: .Q, su.5a.v\ F3olI iv w 1 ' 1 (Signature of Sender) STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that J9 i co I, -\ S v_�-jch signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated. / </" l7?0 . ;*//''?I N tary Public and for the State • • ton ,-�' r( ^ /0VI S -S/; /� . -�. ,� (Q,�i_ I�'p . ,o 6 . ` Notary (Print) r✓ 71-/- /y —/ AA r A r �/: • ;. e v -i My appointment expires:l ( - ,--g�J J •y �4'A Leo F ,r,PIft : - l,J%t114vvASbu.V3 CO r.do m t v1 I lAtn PD i_ Project Nurnh: r: ctto -164 I S h , Ett NOTARY DOC • • • •. R i• N i•4 A, APwp!,or .`. • • •s. G H• • •R • MN R PUBLIC HE.•••RI::<: ::::::::>r`` COMMENCIIVGAT;:...: .............:. .::.:.:...::.:..::.::::�<.:;:.::.:::::::.::::.....:....:.....:........:....::.... . .:..:::.:.::.:.:...:;:.::.,::::�:<.::::;:;.;:::.;:.::.;:. N D.<FLOOR`%R E N T O N:M U N IC I P A L'B U I L DI ���'�' 'a�on�nufjer>oni` <and�notnec ssari th r .� ..which'"`ordec�of>a I c t"'st'"tl'are m :> al ed:for:<hearin 'at'the:'discretion of::the'Heann Examiner:< ; :....... ....:.......................................... PROJECT NAME: WILLIAMSBURG CONDOMINIUMS PROJECT NUMBER: LUA-96-164,SA,ECF PROJECT DESCRIPTION: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 18 flats in two buildings. One hundred twenty (120) parking spaces will be.provided in garages with an additional 16 open parking spaces. Location: 4000 Lincoln Ave. NE. PROJECT NAME: RENTON PLACE DIVISION II PROJECT NUMBER: LUA-96-157,ECF,PP PROJECT DESCRIPTION: The applicant seeks approval to subdivide a 1.99 acre parcel into 11 lots for single family homes. Lot sizes would range between 5,292 square feet and 16,829 square feet. Access to the proposed lots would be via Talbot Road South, South 23rd Street and Smithers Avenue South. Location: Talbot Road South S. and 500 Block of S. 23rd Street. • AGNDA.DOC City of Renton PUBLIC Department of Planning/Building/Public Works HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: March 11, 1997 Project Name: Williamsburg Condominiums Applicant/ Mark Goldberg • Address: SDA Bros., Inc. 4739 University Way NE, Suite 1607 Seattle, WA 98105 Owner/ Kennydale Vista LLC Address: 4030 Lake Washington Blvd., Suite 208 Kirkland, WA 98105 File Number: LUA-096-164, ECF, SA Project Manager: Mark R. Pywell,AICP Project Description: The applicant seeks to construct 62 condominium units consisting of 44 townhome units in seven buildings and 18 flats in two buildings. The project will provide 120 parking spaces in garages and sixteen uncovered guest parking spaces. Project Location: 4000 Lincoln Ave. NE I _ City of Renton P/B/PW Department , Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 2 of 13 B. GENERAL INFORMATION: 1. Owner of Record: Pickle II Trust 2. Zoning Designation: Commercial Arterial (CA) 3. Comprehensive Plan Employment Area-Commercial :Land Use Designation 4. Existing Site Use: Vacant 5. Neighborhood Characteristics: North: Commercial &Vacant East: Residential &Vacant South: Residential &Vacant West: Commercial &Vacant 6. Access: Lincoln Ave. NE 7. Site Area: 3.3 acres 8. Project Data: area comments Existing Building Area: N/A New Building Area: N/A Total Building Area: N/A C. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Annexation 4275 6/25/90 Comprehensive Plan 4498 2/20/95 Zoning 4404 6/7/93 D. PUBLIC SERVICES: 1. Utilities: Water: 12"Watermain in NE 40th St., 12" Main in Lincoln Dr. NE Sewer: Provided by agreement between Coal Creek Utility&City of Renton. Surface Water/Storm Water: On-site detention and water quality system 2. Fire Protection: City of Renton Fire Department 3. Transit: Route 925 (DART) PRELMRPT.DOC City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 3 of 13 4. Schools: Hazelwood Elementary School McKnight Middle School Hazen High School S. Recreation: Coulon Beach Park Kennydale Beach Park Kennydale Lions Park 6. Other: N/A E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Parking & Loading Ordinance 2. Arterial Commercial (CA) Zone 3. Wetlands Management Ordinance F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element- Employment Area - Commercial 2. Housing Element 3. Environmental Element G. DEPARTMENT ANALYSIS: 1. PROJECT DESCRIPTION/BACKGROUND The applicant seeks to construct 62 condominium units consisting of 44 townhome units in seven buildings and 18 flats in two buildings. The project will provide 120 parking spaces in garages and sixteen uncovered guest parking spaces. There are three wetlands on the project site, one Category II wetland and two Category Ill wetlands. The applicant has requested a modification to the Parking and Loading Ordinance in order to provide more on-site parking than is required by Code. This modification was approved by the Department Administrator. The applicant also requested approval to utilize buffer averaging along one portion of the Category II wetlands. The Department Administrator approved the use of buffer averaging for this project. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 8, 1997 the Environmental Review Committee issued a Determination of Non - Significance-- Mitigated. PRELMRPT.DOC • City of Renton P/B/PW Department _ Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 4 of 13 3 COMPLIANCE WITH ERC MITIGATION MEASURES • The applicant shall submit a final wetland mitigation report. This report shall include, but not be limited to, a description of the existing wetlands,the areas that will be filled as part of this project,the establishment of new wetland areas to replace the disturbed wetlands,the treatment of the buffer areas, a five year monitoring plan, and identify the party responsible for the maintenance of the wetlands and buffer areas. This report shall be submitted to the satisfaction of the Development Services Division prior to the issuance of construction or building permits. The applicant will need to submit a Final Wetland Mitigation Report in accordance with the Wetlands Management Ordinance. This report shall be submitted prior to the issuance of construction permits. • The applicant shall create a Homeowner's Associations that shall be responsible for the maintenance of all common areas, buildings, structures, and facilities. This document shall also include language describing the importance of the wetlands, stream, and associated buffer areas. It shall also include the potential penalties for allowing the wetlands and buffer areas to be disturb or filled without the proper permits. The Homeowner's Association documents shall be submitted to the satisfaction of the Development Services Division prior to the issuance of the issuance of building permits. The applicant will need to create a homeowner's association. This association shall be responsible for the maintenance of all common features and structures within the development. • The applicant shall submit a plan or report detailing the buffer area along the stream and the treatment of this area to the satisfaction of the Development Services Department prior to the issuance of construction or building permits. The applicant will need to comply with this mitigation measure prior to the issuance of building permits. • The applicant shall submit a Fire Mitigation fee of$388.00 per unit prior to the issuance of building permits. For a 62 unit complex the fee is estimated at$24,056.00 (62 units x$388/unit =$24,056.00). The Fire Mitigation Fee will need to be provided to the City of Renton prior to the issuance of building permits. • The applicant shall submit a Transportation Mitigation Fee of $75 per daily trip generated by the 62 unit condominium complex 50 (6.47 trips/unit X 62 units =401.14 daily trips -- 401.14 X $75.00 = $30,085.50). This fee shall be submitted prior to the issuance of construction or building permits for the proposed project. The Transportation Mitigation Fee will need to be provided to the City of Renton prior to the issuance of building permits. • The applicant shall include in the sales brochures and within the text for the Homeowner's Association, language identifying the location of the airport, the approach to the airport, and the fact that a significant number of aircraft will fly over this project site as they approach the Renton Municipal Airport. The applicant will need to comply with this mitigation measure at the time that the sales brochures are printed and within the text for the homeowner's association. PRELMRPT.DOC ' City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA, ECF PUBLIC HEARING DATE: March 11, 1997 Page 5 of 13 • The applicant shall design and install a surface water 100-year detention system as part of the storm water system for the condominium development. As an alternative to providing the additional on-site storage, the developer has the option of improving the downstream system to provide adequate capacity for the basin through the 100-year storm event. This alternative work would require work on private property, with approval from the property owner. Plans for the system shall be provided to the satisfaction of the Development Services Division prior to the issuance of construction or building permits. The final design plans for the detention system shall be submitted to the satisfaction of the Development Services Division prior to the issuance of construction permits. 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH SITE PLAN APPROVAL CRITERIA Section 4-31-33 (D.) "The Hearing Examiner and City staff shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation., The site plan Review criteria include, but are not limited to, the following:" (5A) GENERAL CRITERIA: (1) CONFORMANCE WITH THE COMPREHENSIVE PLAN, ITS ELEMENTS & POLICIES The proposed project is consistent with the Comprehensive Plan. Objective LU-AA: Provide for commercial and residential uses requiring large amounts of land and/or high visibility and access to large volumes of automobile traffic in areas outside of Centers and the Center Downtown designations. The proposed residential use is consistent with this policy in that the applicant is proposing a residential project that will access from Lincoln Ave. Policy LU-171: Residential uses in the Employment Area - Commercial designation may be a single use development and should be limited to a maximum density of 20 du/acre. The proposed development is a single use project and provides a density of approximately 20 du/acre. Policy LU-175: Landscape buffers, additional setbacks, reduced height, and other screening devices should be employed to reduce the impact (e.g., visual, noise, odor, light) on adjacent, less intensive uses. The proposed project has provided the Code-required setbacks and additional setbacks to accommodate the stream location and other natural features. These areas will be landscaped through a combination of natural landscaping that will be left undisturbed by this project and new landscaping required by the development of the site. Policy H-1: Provide sufficient capacity to accommodate estimates of market demand for new housing provided through growth forecasts. The proposed residential development will allow the City to meet the growing housing demand in the City of Renton. PRELMRPT.DOC ' City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 6 of 13 Objective EN-D: Preserve and protect wetlands for overall system functioning. The applicant has provided a preliminary wetlands report that designates the wetland areas and establishes a method for preserving the wetland area on the project site. Policy EN-8: Achieve no overall net loss of the City's wetland base. There are wetlands on the project site. The applicant has proposed a plan that will achieve a no net loss of wetlands. The applicant will be providing a connection between two existing Category III wetlands that should aid in the preservation of the wetland area. (2) CONFORMANCE WITH EXISTING LAND USE REGULATIONS The following requirements and development standards contained in Section 4-31-10.4. Arterial Commercial Zone (CA) of the Zoning Code [adopted June 1993,requirements and development standards are applicability to this proposal]. When an adjacent lot is zoned R-8, R-10, R-14, the CA Zone requires that a fifteen (15) foot landscaping strip be installed between the proposed development and the adjacent lot. The applicant has provided a fifteen foot wide strip between the dwelling units and the property boundary and proposed to install a four foot tall picket fence. However, staff does not believe that the applicant's landscaping scheme is in compliance with the development standard for this zone. The applicant will need to submit a revised landscaping plan. The landscape design theme will be further discussed later in this report. The applicant has requested approval to use buffer averaging on the Category II wetland on the west side of the project site. The Wetlands Management Ordinance allows for buffer averaging provided that the buffer width is not reduced beyond a minimum of twenty-five feet, that the square footage of buffer area remains the same, and that the use of buffer averaging is approved by the Department Administrator. The use of buffer averaging was approved by the Department Administrator. The Parking and Loading Ordinance requires the applicant to provide 109 parking stalls. The applicant is providing a total of 136 parking stalls. The applicant has requested a modification to the Parking and Loading Ordinance to allow for the 27 additional parking stalls. The Department Administrator has approved the additional parking stalls. (3) CONSERVATION OF AREA-WIDE PROPERTY VALUES; The project site is currently vacant. The development of the site for a residential project should maintain the area-wide property values. The applicant has stated that the proposed units will be sold. The future owners will be responsible for the maintenance of the buildings and grounds through a homeowner's association. (4) PROVISION OF ADEQUATE LIGHT AND AIR; The buildings are well laid out around the project site. Adequate spacing is provided between the buildings to allow for the movement of area and for adequate sunlight to reach the buildings. (5) MITIGATION OF NOISE, ODORS AND OTHER HARMFUL OR UNHEALTHY CONDITIONS; This residential development should not generate any harmful or unhealthy conditions. Noise associated with this project will mainly be associated with car doors closing and other sounds normally associated with any residential project. For the most part the noise generated by vehicles is limited to the interior of the project site where the guest parking is located. PRELMRPT.DOC ' City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 7 of 13 (6) AVAILABILITY OF PUBLIC SERVICES AND FACILITIES TO ACCOMMODATE THE PROPOSED USE;AND Public services and facilities are already in place for the proposed development. The applicant will need to provide some road improvements and extension of utilities on-site as required by Code. (7) PREVENTION OF NEIGHBORHOOD DETERIORATION AND BLIGHT. The development of this project site and the continued maintenance of the project will prevent it from deteriorating and becoming a blight to the neighborhood. (5B) MITIGATION OF IMPACTS TO SURROUNDING PROPERTIES AND USES: (1) Mitigation of undesirable impacts of proposed structures and site layouts that could impair the use or enjoyment or potential use of surrounding uses and structures and of the community. The layout of the proposed residential development will not impair the use of the surrounding property. The applicant is providing a fifteen foot landscaped buffer around the perimeter of the project site. In addition to this landscaping, there will be additional landscaping and native vegetation within the road right-of-way that will buffer the appearance of the project. (2) Mitigation of undesirable impacts when an overscale structure, in terms of size, bulk, height, and intensity, or site layout is permitted that violates the spirit and/or intent of the zoning code and impairs the use, enjoyment or potential use of surrounding properties. The Arterial Commercial (CA) Zone allows for structures with a maximum height of fifty feet. The proposed buildings are less than fifty feet in height. Due to the terrain of this site the building heights range from 30 feet to approximately forty feet in height (See Zoning Definitions: Building Height). The CA zone allows for structures fifty feet in height except when adjacent to areas zoned primarily for residential. When the area is adjacent to an area zoned for residential, then the height limit of the residential zone would apply. In this case the height limit of the R-8 zone is 30 feet. The CA zone allows buildings to be constructed twenty-feet over that height limit if the taller height is approved as part of the site plan review. In this case, staff believe that it would be appropriate to allow for the larger height of the structures. Due to the nature of the terrain and existing environmental features the applicant is providing larger than the minimum set backs. The only place the applicant will be providing the minimum setback would be along 40th Street at the south end of the site. Buildings in this area will be approximately 35 feet in height when measured in accordance with the Code. A fifteen feet setback may be heavily landscaped in this area. This should act as a buffer for the minor increase in height. The maximum height of any structure on the project site will be 49 feet to the peak of the roof. PRELMRPT.DOC ' City of Renton P/B/PW Department Preliminary Report to the Heating Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 8 of 13 (3) Provision of a desirable transition and linkage between uses and to the street, utility, walkway, and trail systems in the surrounding area by the arrangement of landscaping, fencing and/or other buffering techniques, in order to prevent conflicts and to promote coordinated and planned benefit from, and access to, such elements. The applicant is providing a pedestrian and vehicle linkage between this project and Lincoln Ave. A pedestrian walkway is being provided within the project. This walkway is being continued out the main entrance to the sidewalk along 40th Street. The sidewalk.along NE 40th Street will then connect into the sidewalk along Lincoln Ave. The emergency access road at the north end of the site would be another natural linkage with the surrounding area for pedestrians and bicyclist. The applicant should allow for this linkage when developing the gating on this access road. (4) Consideration of placement and scale of proposed structures in relation to the natural characteristics of a site in order to avoid over-concentration of structures on a particular portion of a site such that they create a perception of greater height or bulk than intended under the spirit of the zoning code. The buildings are well spread out over the buildable portion of the site and are not over- concentrated on any portion of the site. (5) Effective location, design and screening of parking and service areas in order to promote efficient function of such facilities, to provide integrated facilities between uses when beneficial, to promote "campus-like" or"park-like" layouts in appropriate zones, and to prevent unnecessary repetition and conflict between uses and service areas or facilities. The majority of the parking spaces are located within the buildings. Sixteen parking spaces are located around the core of the project site. The trash enclosures are shown on the site plan with gated enclosures. The applicant has stated that they designed this project based upon a colonial theme. In colonial times landscaping, except for the formal gardens, was kept to a minimum with lawn areas as the predominant landscaping and few shrubs placed around the central village green. Although this may have been appropriate in colonial times, staff does not believe that the plan should be carried forward without some modifications. Without landscaping along the perimeter of parking areas it would be appropriate to provide some landscaping, at least a hedge, in order to break up the headlight beams of the vehicles. People frequently complain to City staff when headlights of vehicles entering and leaving parking areas shine directly into their homes. City staff believe that the same problem will exist on this site. The applicant should provide a revised landscaping plan for the area around the parking area. As this is a central point of the project and in keeping with the colonial theme of the project, this could be either a formal landscape garden area or an informal hedge approach. PRELMRPT.DOC t City of Renton P/B/PW Department = Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 9 of 13 (6) Mitigation of the unnecessary and avoidable impacts of new construction on views from existing buildings and future developable sites, recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features and of promoting "campus-like" or "park-like"settings in appropriate zones. The sites to the north and west are largely undeveloped. Future development will need to setback from the wetlands in these areas as has the proposed project. Therefore, the proposed project should not impact the views from buildings in these areas. Roads are located on the west and south boundaries. The road right-of-ways and the required setbacks should protect existing and proposed development from the impacts of this project. The natural landscape and the landscaping of the project should promote a park-like setting in this area to the extent possible. (7) Provision of effective screening from public streets and residential uses for all permitted outdoor storage areas (except auto and truck sales), for surface mounted utility equipment, for rooftop equipment, and for all refuse and garbage containers, in order to promote a "campus- like" or"park-like" setting where appropriate and to preserve the effect and intent of screening or buffering otherwise required by the zoning code. The applicant is not proposing any outdoor storage as part of this project. The only screening that is being offered is a low, 4-foot tall, white picket fence. Although this is consistent with the applicant's "colonial theme" it does not provide the screening that is commonly required on this type of project. City staff believe that additional landscaping around the perimeter of the project, consisting of a combination of trees, shrubs, and groundcover that will be sight obscuring, can be provided and still comply with the colonial theme being presented by the applicant. (8) Consideration of placement and design of exterior lighting in order to avoid excessive brightness or glare to adjacent properties and streets. The applicant has not demonstrated an exterior lighting scheme for the proposed project. It is anticipated that exterior lighting will be required for security purposes on the project site. The applicant will need to submit an exterior lighting scheme for the proposed project. This plan will need to show the location and type of lighting that will be used. (5C) MITIGATION OF IMPACTS OF A PROPOSED SITE PLAN TO THE SITE: (1) Building placement and spacing to provide for privacy and noise reduction; orientation to views and vistas and to site amenities, to sunlight and prevailing winds, and to pedestrian and vehicle needs. The buildings are located a minimum of ten feet apart. This spacing is to allow for the movement of air between the buildings and to ensure that natural sunlight can strike each surface of the proposed building. PRELMRPT.DOC City of Renton P/B/PW Department ` Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 10 of 13 (2) Consideration of placement and scale of proposed structures in relation to the openness and natural characteristics of a site in order to avoid over-concentration or the impression of oversized structures. The buildings are well laid out on the project site in relation to the natural characteristics of the site. The applicant has provided a twenty-five foot buffer along the stream that is located on the east side of the project. The applicant has also provided a twenty-five foot setback from the Category III wetland and a fifty foot buffer from the Category II wetland. The buildings are still well laid out on the site to avoid giving the appearance of being over-concentrated in one area of the site or oversized structures. (3) Preservation of the desirable natural landscape through retention of existing vegetation and limited soil removal, insofar as the natural characteristics will enhance the proposed development. The applicant was retained the wetland areas on the project site and retained the natural vegetation along the stream bank. The preservation of these areas will benefit natural characteristics of the site but will also enhance the development. (4) Use of existing topography to reduce undue cutting, filling and retaining walls in order to prevent erosion and unnecessary storm water runoff, and to preserve stable natural slopes and desirable natural vegetation. The applicant is maintaining the existing topography of the site to the extent possible. Due to the natural slope of the property no large cut and fills, rockeries, or retaining walls have been proposed. The site will need some relatively minor grading in order to construct an interior roadway that meets code-requirements. (5) Limitation of paved or impervious surfaces, where feasible, to reduce runoff and increase natural infiltration. The applicant has provided a looped roadway system to avoid the construction of a long cul-de- sac and to provide access to all of the proposed structures. The looped roadway narrows down to a single entry due to the constraints placed on the site by the existing wetland area and the location of the stream. Less than one-third of the site will be covered by impervious surface. This will allow for natural infiltration to occur in the landscaped areas. (6) Design and protection of planting areas so that they are not susceptible to damage from vehicles or pedestrian movements. The planting areas will be protected from the movement of vehicles by curbing and wheel stops. The applicant will provide walkways on-site to protect the landscaped areas. As noted previously, the applicant has stated that they are following a colonial theme for the project site. In colonial times landscaping was seldom provided around the perimeter of buildings except as they led into formal garden areas. PRELMRPT.DOC City of Renton P/BJPW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164,SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 11 of 13 The Environmental Review Committee has required more detailed planting plans for the area along the wetlands and the stream banks. This is critical in the areas where the buildings will be abutting the stream bank and the buffer areas of the wetlands. City staff, also noted the lack of the required buffering along the boundaries of the project in the areas adjacent to the residential zones. There are no Code requirements regarding the landscaping of the interior of the site except that all areas not paved need to be landscaped. The open areas will be covered by turf. This meets the minimum requirements established by the existing development standards. (7) Consideration of building form and placement and landscaping to enhance year-round conditions of sun and shade both on-site and on.adjacent properties and to promote energy conservation. The building form and placement as well as the landscaping should allow an enhanced pattern of sun and shade on the subject property without significantly impacting the adjacent properties. (5D) CIRCULATION AND ACCESS: (1) Provision of adequate and safe vehicular access to and from all properties. The applicant is providing a vehicular and pedestrian access on the south end of the project. A second, emergency only, access is planned for the north end of the project. The emergency access will allow emergency vehicles to access the project even if the main entrance should become blocked. Staff has also recommended that the applicant develop a pedestrian access within the emergency access as people walking to and from the site will most likely use the emergency access for a pedestrian route even if it is not designed to accommodate pedestrians. (2) Arrangement of the circulation pattern so that all ingress and egress movements may occur at as few points as possible along the public street, the points being capable of channelization for turning movements. The applicant is providing a single access point from the project on NE 40th Street. This will allow vehicles to enter the main traffic flow on Lincoln Ave. at an existing intersection. City staff has not noted any problems with the movement of vehicles in this area once the Code-required improvements have been installed. (3) Consolidation of access points with adjacent properties, when feasible. In this case there are no access points on the adjacent property with which the applicant could co-ordinate. (4) Coordination of access points on a superblock basis so that vehicle conflicts and vehicle/pedestrian conflicts are minimized. To the extent possible the applicant has provided a series of walkways and roads that are co- ordinated with the existing movement of vehicles and pedestrians in the general area. it PRELMRPT.DOC I ' City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 12 of 13 (5) Orientation of access points to side streets or frontage streets rather than directly onto arterial street,when feasible. Vehicles from the proposed project will first enter NE 40th Street. This is a short local road. It is not anticipated that NE 40h will carry a significant amount of traffic even as this area continues to develop. (6) Promotion of the safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways. The applicant hasprovided a safe internal circulation system for the subject property PP� Y 1 P P Y by providing separate pedestrian paths and vehicle roadways. Staff notes that the applicant has not indicated the provision of crosswalks in the area where the pedestrian paths will cross the main internal roadway. These crosswalks could be indicated by providing a different paving material in these areas or as simply as painting a crosswalk in these areas. (7) Separation of loading and delivery areas from parking and pedestrian areas. N/A (8) Provisions for transit and carpool facilities and access where appropriate. N/A (9) Provision for safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. The internal paths are connected to the external sidewalks by the provision of a walkway at the main entrance. City staff also recommends that the applicant provide a pedestrian path along the emergency roadway at the north end of the site. (5E) SIGNAGE: The applicant has not provided a sign plan with the project site plan. The applicant will need to submit an application for a sign permit prior to installing any signs at the entrance to the project or on the subject property. (5F) CITIZEN COMMENTS City staff received six letters and several phone calls in regards to this project. Although not all of the letters were in opposition to the project, the letters did raise concern with the development of the subject property for a residential development. The main concerns dealt with the appropriateness of a residential project in a commercial zone,traffic, and storm drainage. PRELMRPT.DOC City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner WILLIAMSBURG CONDOMINIUMS ' LUA-96-164, SA,ECF PUBLIC HEARING DATE: March 11, 1997 Page 13 of 13 The City Council has made the determination that multi-family residential development is appropriate in the Arterial Commercial Zone. This project is a permitted use within the zone and requires the approval of a site plan. City staff reviewed the anticipated traffic generated by this project and the capacity of the adjacent roadways. Staff has made the determination that the proposed project will not have a significant impact on the adjacent roadways. The applicant will be submitting a traffic mitigation fee to mitigate the anticipated traffic impacts of this project. This mitigation fee will be used for roadway improvements beyond the improvements along the frontage road that the applicant is required to install. Other development in the area will also provide their fair share towards roadway improvements such as the intersection with 1-405. City staff reviewed the probable impacts of this project on the flooding that has existed in this area. The applicant will be required to provide retention for the 100-year storm. This is more than the existing Code would require for a project of this size. However, the flooding is not the result of this development and will not be significantly increased by this development. It should be noted that the City is working with the downstream property owner for the installation of a larger storm drain across the private property adjacent to Lake Washington. The pipe here is undersized and causes the storm water to back up on the east side of 1-405. Once this improvement is completed, the flooding on the east side of 1-405 should be,alleviated. However, staff needs to point out that the proposed project is not responsible for the existing flooding issues and can not be held responsible for the required improvements to end the flooding. Several residents have noted that they do not feel that the City of Renton Fire Department response time is adequate in this area. Fire Stations 11 & 12 could respond to an emergency in this area. The response time in this area is approximately five to seven minutes even during rush hour. In the future, the City of Renton Fire Department would like to build a new station in the Kennydale area. This would reduce the response time down below five minutes. In order to construct this station and other necessary improvements the City imposes a fire mitigation fee on projects. Major improvements, such as new stations, can not be undertaken until the necessary financing has been obtained. The fire mitigation fee, based upon new development, is the main method of collecting the necessary financing. H. RECOMMENDATION: Staff recommends approval of the Williamsburg condominiums, Project File No. LUA-96-164, SA subject to the following conditions: (1) Compliance with ERC Mitigation Measures: The applicant is required to comply with the Mitigation Measures which were required by the Environmental Review Committee Threshold Determination prior to the issuance of a building permit. (2) The applicant shall submit an enhanced landscape plan prior to the issuance of construction/building permits to the satisfaction of the Development Services Department. The revised landscape plan shall demonstrate a combination of trees, shrubs, and groundcover along the south and east boundary of the subject property to provide the sight obscuring landscaping required by the CA zone. The landscaping plan shall also include enhanced landscaping around the parking stalls. This landscaping may include a combination of landscaping and berms for a height of 3 1/2 to 4 feet. (3) The applicant shall submit a lighting plan for the subject property prior to the issuance of construction/building permits to the satisfaction of the Development Services Department. This plan shall demonstrate the location of and style of lighting to be used within the project. EXPIRATION PERIODS: Site Plan Approvals (SA): Two (2)years from the final approval(signature) date. PRELMRPT.DOC 1 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-96-164,SA,ECF APPLICANT: Kennydale Vista L.L.C. PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. The 15 day comment period and the 14 day appeal period for this project will run concurrently. The comment/appeal periods for this project will end at 5:00 PM on March 10, 1997. Appeal procedures and the mitigation measures imposed by the City of Renton's Environmental Review Committee are available at the Development Services Division, Third Floor, Municipal Building, Renton, Washington 98055. Phone: 235-2550. You should be prepared to make specific factual objections. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on March 11, 1997 at 9:00 AM to consider the Site Approval (SA). If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. PUBLICATION DATE: February 21, 1997 DATE OF DECISION: February 18, 1997 SIGNATURES: 11 —/#02 regg 1 mer a'n, A�Jminist ator DATE Depart n Planning/Building/Public Works (2,,,k 6p7i;7 �.' `-Sam Chastain,Admi strator DATE -Sam Servic epartment 2/4 V ee /if _ ...2 - /4?-- 97 it Chief DATE Renton Fire Department DNSMSIG.DOC DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-96-164,SA,ECF APPLICANT: Kennydale Vista L.L.C. • PROJECT NAME:. Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty (120). parking spaces will be provided in garages with an additional 16 open parking spaces. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE MITIGATION MEASURES: 1. The applicant shall submit a final wetland mitigation report. This report shall include, but not be limited to, a description of the existing wetlands, the areas that will be filled as part of this project, the establishment of new wetland areas to replace the disturbed wetlands,the treatment of the buffer areas, a five year monitoring plan, and identify the party responsible for the maintenance of the wetlands and buffer areas. This report shall be submitted to the satisfaction of the Development Services Division prior to the issuance of construction or building permits. 2. The applicant shall create a Homeowner's Associations that shall be responsible for the maintenance of all common areas, buildings, structures, and facilities. This document shall also include language describing the importance of the wetlands, stream, and associated buffer areas. It shall also include the potential penalties for allowing the wetlands and buffer areas to be disturb or filled without the proper permits. The Homeowner's Association documents shall be submitted to the satisfaction of the Development Services Division prior to the issuance of the issuance of building permits. 3. The applicant shall submit a plan or report detailing the buffer area along the stream and the treatment of this area to the satisfaction of the Development Services Department prior to the issuance of construction or building permits. 4. The applicant shall submit a Fire Mitigation fee of$388.00 per unit prior to the issuance of building permits. For a 62 unit complex the fee is estimated at $24,056.00 (62 units x$388/unit= $24,056.00). 5. The applicant shall submit a Transportation Mitigation Fee of$75 per daily trip generated by the 62 unit condominium complex 50 (6.47 trips/unit X 62 units=401.14 daily trips -- 401.14 X$75.00 = $30,085.50). This fee shall be submitted prior to the issuance of construction or building permits for the proposed project. 6. The applicant shall include in the sales brochures and within the text for the Homeowner's Association, language identifying the location of the airport, the approach to the airport, and the fact that a significant number of aircraft will fly over this project site as they approach the Renton Municipal Airport. 7. The applicant shall design and install a surface water 100-year detention system as part of the storm water system for the condominium development. As an alternative to providing the additional on-site storage, the developer has the option of improving the downstream system to provide adequate capacity for the basin through the 100-year storm event. This alternative work would require work on private property, with approval from the property owner. Plans for the system shall be provided to the satisfaction of the Development Services Division prior to the issuance of construction or building permits. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-96-164,SA,ECF APPLICANT: Kennydale Vista L.L.C. PROJECT NAME: Williamsburg Condominiums DESCRIPTION OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium project consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty (120) parking spaces will be provided in garages with an additional 16 open parking spaces. LOCATION OF PROPOSAL: 4000 Lincoln Avenue NE Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. GENERAL NOTES 1. Garbage and recyclable deposit areas and collection points shall be easily and safely accessible to hauling trucks. POLICE DEPARTMENT 1. This area of Renton has a fairly low crime rate. It is anticipated that the proposed development will generate approximately 69.12 calls for service annually. Police staff recommend that construction materials and tools be secured when not in use to help prevent burglary (Burglary of construction sites is one of our most common crimes lately). The lot should be fenced in during the construction phase of the project with the use of security lighting. 2. The elevations that were submitted show that the front door in each unit will have glass windows. Breaking the glass to reach in and unlock a door is one of the most common ways a burglar uses to gain entry to a residence. These windows will need to be plexi-glass or some other type of shatter resistance glass, or they will need to have an application of security film installed. 3. The front doors should be fitted with dead-bolt locks with bolts 1 1/2" in length. 4. Addresses on the buildings need to be at least 6" in height, of a color that contrasts strongly with the wall color, and located under a light. 5. Stairwells, the areas around the garages, and parking lots are areas we recommend to have extra security lighting. 6. There is no place for children to play on these plans. Police staff recommend a tot lot to be built on the grassy area in the center of the property, behind Building E. This area could be clearly visible to parents, and will help ensure child safety by keeping the children from riding bicycles or playing in the parking lots. 7. It would be fairly easy for the applicant to provide security gating at both entrances to the property. When this occurs at apartment complexes and townhome sites, the crime reported is extremely minimal. This helps to keep trespasses off the property and provides security to the residents. Williamsburg Condominiums LUA-96-164,SA,ECF Advisory Notes(Continued) Page-2- FIRE PREVENTION BUREAU 1. The preliminary required fire flow based on Type Five 1-hour construction is 2250 GPM. If construction is Type Five Non-rated, the fire flow requirement would increase to 3250 GPM. One hydrant is required within 150.feet of each building and additional hydrants are required within 300 feet of each building. 2. Fire sprinkler systems and fire alarm systems are required in each building. Separate plans and permits are required for these systems. CONSTRUCTION SERVICES 1. Plans will need to be submitted with application for building permits for sales location and method of protecting the public during sales from the rest of the site still under construction. Occupancy will be approved for each completed and approved building only. 2. Soils engineer to supervise all grading, footing excavations. 3. Structural engineer shall design all foundation and retaining walls per the soils report. WATER UTILITY 1. There is a 12"watermain in N 40th Street. There is a 12"watermain in Lincoln Ave. NE south of N 40th Street. 2. The construction drawings shall locate the watermain in the driving lane. Fire hydrants shall be located unobstructed by trees and landscaping. 3. The conceptual plan for water is not approved. The watermain shall be extended past Building F out the access road and connected to watermain extension in Lincoln. The fire hydrant location shall be to the satisfaction of the Fire Prevention Bureau. SURFACE WATER UTILITY - 1. There is an existing 8"sanitary sewer in Lincoln Ave. NE. 2. The site is not located within the Aquifer Protection Area. 3. The storm site plan submitted by the applicant appears to be making adequate provisions for a storm water drainage system. Detailed-construction drawings may require modifications to pipe sizing and conveyance pipe location. WASTEWATER UTILITY 1. This project will construct a sanitary sewer system on-site to serve the site. This system will be a private system. Service to the on-site system will be provided as agreed upon by the City of Renton and Coal Creek Utility District. If the City of Renton is the provider the City will collect the SDC (Special Development Charges) fees. AIRPORT MANAGER 1. The project site is located within the Airport's Conical Surface. The proposed building elevations will be 157' above sea level,this is below the Horizontal Surface elevation of 179' above sea level. A notice of Proposed Construction is to be submitted to the FAA and reviewed prior to the issuance of Building Permits because the construction exceeds the imaginary slope of 100:1 from the airport. 2. The proposed development lies beneath a very heavily utilized aircraft flight area. As mitigation for permitting this development, either an Avigation easement for overflight by aircraft or notification of such aircraft activity in the condominium deeds is requested. 3. If this project is approved,the construction of the condominiums within the Airport's Conical Surface area will be considered as acceptance by the developer and subsequent owners that the operation of the airport and the overflight of the area by aircraft of all types is a compatible use of the land. City or Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Averpovt COMMENTS DUE: JANUARY 16, 1997 APPLICATION NO: LUA-96-164,ECF,SA DATE CIRCULATED: JANUARY 02, 1997 APPLICANT: Kennydale Vista L.L.C. PROJECT MANAGER: MARK PYWELL PROJECT TITLE: WILLIAMSBURG CONDOMINIUMS WORK ORDER NO: 78174 LOCATION: 4000 Lincoln Avenue NE SITE AREA: 143,612 Sq.Ft. (3.3 acres) I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty(120)parking spaces will be provided in garages with an additional 16 open parking spaces. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare le - Plants V Recreation Land/Shoreline Use V Utilities se Animals V. Transportation 'Environmental Health ✓ Public Services fr/ Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet O B. PO LICY-RELATED COMMENTS The site is located within the Airport's Conical Surface. The proposed building elevations will be 157 ' above sea level , below the Horizontal Surface elevation of 179' above sea level. A Notice of Proposed Construction is to be submitted to the FAA and reviewed prior to the issuance of a Building Permit because the construction exceeds a slope of 100:1. The proposed development lies beneath a very heavily utilized aircraft flight area. As mitigation for permitting this development, either an avigation easement for overflight by aircraft or notification of such aircraft activity in the condominium deeds is requested. C. CODE-RELATED COMMENTS If this project is approved, the construction of the condominiums within the Airport's Conical Surface area will be considered as acceptance by the developer and subsequent owners that the operation of the airport and the overflight of the area by aircraft of all types is a compatible use of the land. 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 additi• al informed needed to properly assess this proposal. • • 0 c�CL L f+�Aga` Signature o !irector or Authorized Representative Date DEVAPP.DO U Rev.10/93 • • City of Renton Department of Planning/Building/Pi..,lic Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET • - REVIEWING DEPARTMENT: Pairk4 COMMENTS DUE: JANUARY 16, 1997 APPLICATION NO: LUA-96-164,ECF,SA DATE CIRCULATED: JANUARY 02, 1997 APPLICANT: Kennydale Vista L.L.C. PROJECT MANAGER: MARK PYWELL PROJECT TITLE: WILLIAMSBURG CONDOMINIUMS WORK ORDER NO: 78174 • LOCATION: 4000 Lincoln Avenue NE • SITE AREA: 143,612 Sq.Ft. (3.3 acres) I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty(120)parking spaces will be provided in garages with an additional 16 open parking spaces. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet rz- ' ' Of-2-AZ • • B. POLICY-RELATED COMMENTS. T44- C. CODE-RELATED COMMENTS 72-0 fiz.4/64- 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. 7/q7 Signature f Director or Authorized Representative0e DEVAPP.DOC Rev.10/93 ' r • e S City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET Reviewing Department Construction Services Comments Due: JANUARY 16, 1997 Application No.: LUA-96-164,ECF,SA Date Circulated: January 02, 1997 Applicant: Kennydale Vista L.L.C. Project Manager: Mark Pywell Project Title: Williamsburg Condominiums Work Order No: 78174 Location: 4000 Lincoln Avenue N.E Site Area: 143,612 Sq. Ft. (3.3 acres) Building Area(gross): N/A A. Environmental ( Impact e.g. Non-Code) Comments P No Comment. B.,Policy-Related Comments Plan to be submitted with application for building permit for sales location and method for protecting public during sales from the rest of the site still under construction. Occupancy will be approved for each completed and approved building only. C. Code-Related Comments 1. Soils engineer to supervise all grading, footing excavations. 2. Strdctural engineer shall design all foundation and retaining walls per the soils report. I , Signature of Director or Authorized Representative Date grnfldr rcY G‘ Obi ' , CITY OF RENTON �NvN2o, FIRE PREVENTION BUREAU MEMORANDUM DATE: January 8, 1997 TO: Mark Pywell, Planner Di , FROM: James Gray, Assistant Fire Marshal iet SUBJECT: Williamsburg Condominiums, 4000 Lincoln Av. NE Fire Department Comments: 1. The preliminary required fire flow based on Type Five 1-Hour construction is 2250 GPM. If the construction is Type Five Non-rated, the fire flow requirement would increase to 3250 GPM. One hydrant is required for each 1000 GPM or fraction thereof. The primary hydrant is required within 150 feet of each building and additional hydrants are required within 300 feet of each building. 2. Fire sprinkler systems and fire alarm systems are required in each building. Separate plans and permits are required for these systems. 3. The fire mitigation fee is $388.00 per unit for a total of$24,056.00. Please feel free to contact,me_if you have any questions. i City o Renton Department of Planning I Building/Piruric Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET • • ;REVIEWING DEPARTMENT: 50iff ace I .t OMMENTS DUE: JANUARY 16, 1997 APPLICATION NO: LUA-96-164,ECF,SA ` rA,( �-' ATE CIRCULATED: JANUARY 02, 1997 t ` 1APPLICANT: Kennydale Vista L.L.C. PROJECT MANAGER: MARK PYWELL. PROJECT TITLE WILLIAMSBURG CONDOMINIUMS WORK ORDER NO: 78174 ^f�, • LOCATION: 4000 Lincoln Avenue NE . ON / SITE AREA: 143,612 Sq.Ft. (3.3 acres) I BUILDING AREA(gross): N/A• 4''ry /7 3 SUMMARY OF PROPOSAL: The' applicant seeks approval to construct a 62 unit condominiumilt g of 44 to Vrth4mes in seven buildings and 28 flats in two buildings. One hundred twenty(120)parking spaces will be provide thrages with an additional 16 open parking spaces. ,.. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS � ( 9 Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation • _ Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural . Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet rR% ,i ,e,, af'f.,f -y in 70eG00-1, /1✓ e ;-t r-,49ey J i /t,.e / 6 f 74,.e.. 4� 6ari IPS - . de ;D POLICY-RE 5-/or,1 �,v �J,ez r ,ec9. ,, /�ti2 • j (-• / ' &ati...eir I /20fia/Le e.--- •,, Ip'-ve__,def-214-/- - r>. C. CODE-RELATED COMMENTS W'O O 0 _. — ' /-:-, , ' f c i 2;, '„ctielez, ,Q,i. .t��•a o , . T .o '- ��� , o "U lei rL, Ze4.,,,,,,--c,c..," A y/2. _ .D ,:�'� ./ -r ,Qc. 4 ?e o,�,e,J� .0 j /c & We have reviewed this a ation with ttictnar attention to those areas In which we have expertise and have identified areas of probable impact or areas ion Pa ' where additional information is needed to properly assess this proposal. /3 /9 97 Si nature o Director d:.ALthorized Representative ate DEVAPP.DOC Rev.10193 PROPERTY SERVICES FEE REVIE, 97- CO ❑ DEVELOPMENT APPLILATION REVIEW SHEET GI PLAN REVIEW ROUTING SLIP ❑ ENVIRONMENTAL CHECKLIST REVIEW SHEET ❑ / OTHER APPLICANT: k1 N'Uy/14ua' /,•�57;4 Z..L, C, RECEIVED FROM AT,y/ '//y/7 JOB ADDRESS: L/C'r_o t,,,;�cc ) /1-a' ' tV E _. .. WO# • (date) • NATURE OF WORK ,2.3aLe C, ^ t 2 ii/OT errA)pt:m iA1iu wt GREEN# SPECIAL ASSESSMENTS AND CONNECTION FEES APPLIED NEED MORE INFORMATION: ❑ LEGAL DESCRIPTION ❑ SPECIAL ASSESSMENTS AND CONNECTION FEES ESTIMATED 0 SQUARE FOOTAGE Cl VICINITY MAP ❑ NOT APPROVED FOR APPLICATION OF FEES 0 FRONT FOOTAGE ❑ OTHER O VESTED 0 NOT VESTED : ❑ This fee review supersedes and cancels fee review# dated 0 PARENT PID#(subject to change)_ SUBJECT PROPERTY PID# 3 3y 470 —o/o d 4- Co 7 G. ❑. King Co.Tax Acct#(new) It is the intent of this development fee analysis to put the developer/owner on notice,that the fees quoted.below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements(.e.underground utilities,street improvements,etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. .• Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit' ' application. • • The following quoted fees do NOT include inspection fees,side sewer permits,r/w permit fees or the cost of water meter: ';; • i'•; !`;`".' i•:., ;; SPECIAL.ASSESSMENT . .;.. ... • • DISTRICT• PARCEL METHOD OF. ::.'::; ASSESSMENT. ASSESSMENT • DISTRICTS NO.`• NO.:,. ASSESSMENT '`'` UNITS ' :OR"FEE Latecomer Agreement(pit)WATER . .. .. • .. ._...,-. . ,i•, . .. ,. �l;:i:y; ..".t•:� : . _...�`�;:,.,.. .._ .. E Latecomer Agreement(pvt)WASTEWATER ;..• ...�.,; , ":' •::y.` ,..,:.}.,..,�1.,_; t,,. :yr;....,•. _ ..,. Latecomer Agreement(pvt)OTHER . 'i's ;.,:: : ., . _ • Special Assessment District/WATER` •••• • . . .,., . • ir,, 6. • . , , ,5,;r _ .;is... ,: :,,; .�t,��." Special Assessment District/WASTEWATER `:i' a arY.;-:: , .., � Joint Use Agreement(METRO) •.. • _ .....:.�.:• .. . Local Improvement District `;?i '°... r • .,;•- ..• . " a ;=.;�:�,a:'-i. :• s;'� -; • Traffic Benefit Zones ' $75.00 PER TRIP,CALCULATED BY TRANSPORTATION'I•..:==l'='. •FUTURE OBLIGATIONS .,•: .••••. ;r: a:1•� - ...'`r,'.. SYSTEM DEVELOPMENT CHARGE-WATER' :: '.. :: • #OF UNITS/ ;: ;;:.';:; -SDP.FEE " 0 Pd Prey. 0 Partially Pd (Ltd Exemption) '® Never Pd ' SQ.FTG. . Single family residential$850/unit x Mobile home dwelling unit$680/unit in park .. . ' . • . • Apartment,Condo$510/unit not in CD or COR zones x 2- .$ .; '/f..t 20.007 Commercial/Industrial, $0.113/sq. ft. of property(not less than$850.00)x • •Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter tz,soo GPM threshold) • `. ' SYSTEM DEVELOPMENT CHARGE-WASTEWATER . -, O Pd Prey. 0 Partially Pd(Ltd Exemption) Ril Never Pd ' Single family residential dwelling unit$585/unit x - • Mobile home dwelling unit$468/unit x • :Apartment, Condo$350/unit not in CD or COR zones x (,';L • • -2/S 7C0:Cr. Commercial/Industrial, $0.078/sq. ft. of property (not less than$585.00)X • REDEVELOPMENT CREDIT: (New-Old Flow)/New Flow X Above Fees SYSTEM DEVELOPMENT CHARGE-SURFACEWATER • ▪ Pd Prey. ❑ Partially Pd(Ltd Exemption) ® Never Pd ,Single family residential and mobile home dwelling unit$385/unit x All other properties$0.129/sq ft of new impervious area of property x (not less than$305.00) i(c gee'y% '7p 920• -� PRELIMINARY TOTAL $ 6 3 2 r- , 9 3 /- Z //5—A7 • t Signature of Reviewing Authority DATE v *If subject property is within an LID,it is developers responsibility to check with the Finance Dept. for paid/un-paid status. **The,square footage figures used are taken from the King County Assessor's map and are approximate only. c:ftemplate/fecapp/tgb EFFECTIVE July 16,1995/Ord.Nos.4506,'4507,4508,4525,and 4526 n 0 City..i Renton Department of Planning/Building/f-„lilic Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ?It WIN RG(tel.J 1 La.)*Z7L•ketOMMENTS DUE: JANUARY 16„ or RCtfFON APPLICATION NO: LUA-96-164,ECF,SA DATE CIRCULATED: JANUARY 02, 1997 ._"--1"7fl APPLICANT: Kennydale Vista L.L.C. PROJECT MANAGER: MARK PYVVEkt6a g 1997 PROJECT TITLE: WILLIAMSBURG CONDOMINIUMS WORK ORDER NO: 78174 LOCATION: 4000 Lincoln Avenue NE .... ... 6sY1b Lon VISION • SITE AREA: 143,612 Sq.Ft. (3.3 acres) I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty(120)parking spaces will be provided in garages with an additional 16 open parking spaces. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation • Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet r 2 r 4-o ��/ �v �i" Ham .,� �' �7 C i Z r pV""`fin/.r"riere.•-J Ci„i ZL>`--cs6t��- ,41,e�/ Cr�r ... . _ cL • • 11/ / l. a; /f r� i 0 • B. POLICY-RELATED COMMENTS t7 C. CODE-RELATED R r,C�OMMENTS [GE:+k.c"[/[�'(�ir..p_,•�. 2.: el, . - /{✓v-6 2: J 1'Z�L'i^-� 1,7,:r rL..-� L am. J �"Y'`:!1.��/j / _ _ 62-")''el /�E„�r "ri/�GGt' tJ /� f� / t40 l �`'`G' Ct. � G .! 1 Ct.i 1 f�-L✓ mil/ s /t` t 4 ^ G c -, lr_,•G We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable Impact or area' where additional information is needed to properly assess this proposal. 9 97 Signature of Director or Auto( d Representative Date DEVAPP.DOC ...dr . • 1.11 ••:i�� ?'+.'+�%::' OAK:!�➢2Y�?ti?4�2�ttn}2;jX?e�YR�.i +.%c?�?'^.'rijrA?vF%u:Qi:f6c�`:�Yyro/siojsF.::'ce!;:. . ...^yWu•"•,c��aYa��y ,L`.i'.a��cq:°°a�wc�. a .. .. fee fits a • :NS :S yV •;y :u•: : 4it ITIA•;i I "� NvFEE^ TF . . .PE RT T € �11 •if.�i�?�..vi<Y .tiir»».•»:.car/.w..4•:w;.;:�aXor,.!r.,:v.�.iy+.%:fN,w:�i:A4w:acv..o-»L•;oaa.a:a. x.•swsxac:Ca'�L`.cdiw.srwi�s.. Project Name 14), /i►cum s hu✓q Coctdo m i vi,upti Project Address 4000 iinJcohi Avectut AJE Contact Person Mcwk Gold 6evj % 5 DA $vos> Ihc. Address 4731 (,)w, Jevs(yy Ulay A E 5,4,tc 16071 Seat(/c WA 18105 Phone Number 5 2 I - t$4(o or 4 0 6- 144 Permit.Number LOA 616 ' 144 Project Description 62 uHiZ mutt; -tam' 1// _ovrsiSimj 4 y1l 7_ocvn Ilouopi 'Ii 7 bider. d 2-3 4/4 ih a b d S. Tt,laj et !34 _park), yetc✓4 (120eo✓e✓ed Land Use Type: . Method�of� Th Calculation: /p vtetft C220) B Residential 1 ' ITE Trip Generation Manual e e. 3 I ❑ Retail ❑ Traffic Study ❑ Non-retail 0 Other Read- = G-4 7 pal) u,,,Z • Calculation: ► kw ade✓aye �r;r , C6.47 ) (62 ) = y01, dai/&, f✓►PS Af $ 75 >z.0 tvip ( I01- )4) ( P75 ) _ $ 30, o $ 5 . 50 Transportation Mitigation Fee: 3 0 , 0 S 5. 5 v Calculated by: • IJ"?..l w, !1 Date: I /.7 /47 Account Number: Date of Payment • • City of Renton Department of Planning/Building/Puolic Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 1:•Gkt(,G COMMENTS DUE: JANUARY 16, 1997 . APPLICATION NO: LUA-96-164,ECF,SA DATE CIRCULATED: JANUARY 02, 1997 APPLICANT: Kennydale Vista L.L.C. PROJECT MANAGER: MARK PYWELL. PROJECT TITLE: WILLIAMSBURG CONDOMINIUMS WORK ORDER NO: 78174 LOCATION: 4000 Lincoln Avenue NE • SITE AREA: 143,612 Sq.Ft. (3.3 acres) I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks approval to construct a 62 unit condominium consisting of 44 townhomes in seven buildings and 28 flats in two buildings. One hundred twenty(120)parking spaces will be provided in garages with an additional 16 open parking spaces. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation _Environmental Health Public Services • Energy/ HistortcCultural . Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet .(R. ca ?Woe eras estimo col. cnr gukj . This area of Renton has a fairly low crime rate. Recommend that construction materials and tools be secured when not in use to help prevent burglary (burglary of construction sites is one of our most common crimes lately) . Fence in the lot while it's under construction and use security lighting. The elevation plans submitted, show that the front doors to each unit will have glass windows. Breaking the glass to reach in and unlock a door is one of the most common ways a. burglar uses to gain entry to a residence. These windows will. need to be plexi-glass or some other type of shatter resistant glass, or they will need to have an application of security film installed. The front doors will need to be dead-bolt locks witl bolts 1 1/2" in length. Addresses on the buildings need to be at least 6" in height, of a color that contrasts strongly with the color of the home, and placed under a light. Stairwells need extra security lighting, and so do the areas around the garages and parking lots. There is no place for children to play on these plans. Recommend a tot lot to be built on: the grassy area in the center of the property, behind Building E. This area could be clearly visible by parents, and will help ensure child safety by keeping .the 'children from riding bicycles or playing in the narking lots. - It would be fairly easy for the applicant to provide security gating at both entrances to the property. When this occurs at apartment complexes and townhome sites, the crime reported is extremely minimal. This helps to keep trespassers and loiters off the property, and provide security to the residents. We have reviewed this appFcation 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. . Ulm Signature of Director o uthorized R�J ep esentatiye Date DEVAPP.DOC � � l Rev.10193 C1v-e h Or) VC ca.-AN . ,� • • • • • • Arts-iaw v MMUS/AA OFS°MY SUMS tiaaiu Sf. -� _ ,.,`, eSOSO S.F. \ mu xo In,won .9j �2 - _ ▪_- ----� ,,.:...\59 -�1- • . se • 60 -_ SS • _ .-•::• Dior -- --- ai,-----eu v • E 7 ' � • _ ^ �nt p x,rc.x c 11 •.�d623ty^. is' . —▪ R'AREA UPf . '•\'.1 .44v i d g 1 V6t • o .F . v a.sm SISIs OF 0 A : O` ',IAA' . -. ' s ; y ,.-_' .x.cr fnL\ \ - I• ---- I , ZK - s oSIS1111 IS.0 OF • • r. : • E ' I; ** I . ;,* .) II I 7 .J ,, „,.. `` f © �•, (,' •.•s' yf �,it - �. ,,'- _^;®�a a qI�. 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O. UllhIIEJ1L3i �1 ,,''" ''I. i.!• 1-fm pliitrii 1 II,NIiIbIl,igy lilli 11 11r111 r =�I g 1 „Ii ' MI • q III HIlL IIIi.i: 0E1 ' I®I IIQ®'Iil'I 'l :1 m. I; II S ,,,{' Iniil a I, ,,,q II ..II iI I, 'i1;1m11 . i 1,. '1 ;IINIa ' ;1 1 i ICI1 I® :I; gim LjJ=1: ,, • ',' ,..A ■ •I 1-1.a- I 1':. . L!;r;I'' :,1'!ii „, ll• I 11 1i.11i•1�I ' ' l' ' ' ' I . .i I= ' 1,1.,.11,., _ I . I I 1 ,t 'III I,I i. 111!I oII I roil I'II ■�■ �IIlli. :,i y lete,fin•4; . S Xcvialo,u ' I. m i WILLIAMSBURG I KUSSMAN ASSOCIATES A 62-UNIT CONDOMINIUM DEVELOPM':NT g Architects.Planners&Consultants c = 11 . FOR KENNDALE VISA,L.L.C. 11,: oox I�5.EutheB.WA 9804I-IT05 ♦` 4000 LINCOLN DRIVE N.E.,RENTON,WASHINGTON a 12061 i96 6300•Fax:806.9628 c' - 6 I I io'-e` I 9,C I B=G 1 I „:„, F 1 m clT. tA r. I i ' I ,L44-0� ® . Hl I. h'.1 MI ilin11! 913 / I■=ti Ii=i1__--° I aft ,,,,, 1111 , dill fil IiA al In 1111 z i .n�I IiI' Ley Y/:. r_, ' 111 11 ;i; r i I I� 1 ; I 'IIyI' i I, ;. Fa1I I ofi JIi 'I ` p _ - if.'''I �11111 E#l� ,I .1 Iwo iti, lOs id`=_'' li:lIMIMMI ,;:,i'•;'': 'l,,,, 'till I �l nail HH> ,I !ll!i_ �i , BIBI I CJ�®il` •l Vi lo'-d i 9-4- ' 8 I 14=4- a i.<• 4 WILLIAMSBURG --,, Al KUSSMAN ASSOCIATES F; A 62-UNIT CONDOMINIUM DEVELOPM:NT Architects,Planners&Consultants o c' C FOR KENNDALE VISA,L.L.C. - S to 5 4000 LINCOLN DRIVE N.E.,RENTON,WASHINGi ON i`,- P.O.Bag 1705,Bothell.WA 9 804 1-1 70 5 c 12061 486-8300•Fax:806-9628 DEVELOPMENT PLANNING To: Development Services Division CITY CFP !TnN 200 Mill Avenue South Renton, WA. 98055 MAR 0 5 1997 Re: Williamsburg Condominuims R CE VE LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of_ the . city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for 4=7 ' years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: �u s /S'n� „FOG L///6�/2i Address: 3 8�a /YONTF 6)/ / L . /V 6 E/1/7—4Ni Gv/9 9.8 6 Phone: n � r .4� • LaFever • • 3915 Lincoln Ave N.E. • Renton WA • 98056 p� cY�7 � T 1VJAi1115,1T1/ CITY OF RENTON ECEIVED MAR 5 - 1997 To: Mark Pywell BUILDING DIVISION Development Planning, City of Renton ,_ cc: Parties of record for the Williamsburg Development We are writing this letter as a party of record for the proposed Williamsburg development. We are against the development as it is currently planned. Please review the following concerns from a property owner and tax payer who lives one driveway away from the proposed development. We ask lots of questions in this letter and would like a response from you. Posting There has been too much confusion over the posting of the application for permit for this project. Neighbors are confused over the date of the public hearing, and the appeal periods for environmental issues and building permit issues. Signs were not changed for the change in public hearing date. The party of record for this project was very small on 2/25/97 and should be bigger since the project is in a neighborhood that historically has been concerned about responsible development. I believe this is from notices not being posted clearly enough and confusion about hearing dates and comment periods. As a result of this confusion, I believe it is reasonable to appeal the project proposal and start the public comment and party of record process over. Public Safety The location of the main entry to the condominiums is unacceptable! The main entry planned to be on 401 St. is dangerous and one of our children may be injured or killed while waiting for the school bus. The school bus stops just north of the planned entrance near the corner. This entrance would put all of the development traffic running through the bus stop. It is our opinion that increasing traffic on that corner is dangerous! The main entrance needs to be located three hundred feet to the north arid on the north side of the bus stop. Even this may be dangerous, putting merging traffic onto Monterey, creating a blind corner. There may not be a safe place for the entrance. Please, put the main driveway further north away from our children!. The planned entrance is also much too near our driveways. Kids play and residents •-z r ;,ll,it th i eda e rg .rt R: ;.}., w;±„w?::;.,a.x ",, �,�1;4; ,,,a.}oF':1n,�,,,. c;<:, ,...*,: r;re;'j a.e:^,5;,`'s;:'s^!,'1 ',,k'rc:s:^;�F�:a..,a��c.rx"y't�;�}„��=�%»�"''�;':`„`".5.'t•�.,'ac�.>^�;,`-v�'`�'�'`i,...,. ..:�it£Yi,=,�tS� "`''�.�1:''y`_ .�u"�r£.;�'``�r.,�:�;�r,:=., 'af�`riu,�a ,;.rs,�a ..o<:¢.:,,G^,,.e.. •�:�N`t�:,ax<r�i..,.�...�^i..:n.��`• �.':�•.: ': aJv�."�a'��;^:*.'�`vSh.;:g:�'`.'��"�•"" w^;+';k�.t' 'zi3'�','".�a3:.c.;T,w.<•t-'w.� ,„y ,. .,y..; .» S..,,,-gar. ;.ni'°;�.�:, -�Zf.�'i.=. `_ ,.�:;.°�:`;r.,�`;��„��3•✓y�` >r�:r�``t �n,.d`� •.:Y;?ti;'dor ssf.;r.✓' �?��`�•.>,a*�,+�.";s,:sa 'rigs rfsy,.'J.•;3.a �+, .�;.•'�'�`'w,��,a,�.;8�. w, y.:.cx, � ..' ���. 5 � $ i 2"aa ..J t �, .tta`, •.r. S ys rsn`t �i .c" s:.. al iZk","I.; f" 'z�`:a^� ,'+�a. .a`n;,: �!�': •.>.i°�' ..»'.'r%•: _ix '::5. •a:''.�,.'�.�"av3�S''e`:.aiet:..Y�` r.E3'� Neighborhood Integration An entrance on 40th would increase traffic and noise up and down Lincoln Ave. We don't want people from this development parking their cars down onto Lincoln Ave. NE in front of our houses. We are a quiet residential area and want to keep the quality and character of our neighborhood intact! If this land is to be developed, develop it so that it is quiet, less dense, has less traffic, and integrates well with our neighborhood. This development is very dense compared to our neighborhood. Or neighborhood has big 1/2 acre plus lots. This contrast in density has the look of poor planning and may result in reduced property values in our neighborhood. We bought this property because of the makeup of the community and property development. This development may change that and is forcing us to consider selling our property and moving out of Renton Public Services We are concerned about police, fire and other services. We feel that services are already stretched. Are there firm plans to add more services to this area? Shouldn't the services be present before developing? If the development goes through, additional funding will be required for Fire, Police, Public Works, and more. The mitigation for such is identified but it falls far short of future needs. We feel an undue tax burden will be placed on current property owners to provide these services. That is, we and our neighbors will suffer larger tax increases if this development is takes place. Will adding density force rezoning of schools? We moved here in part because our children would attend Hazelwood Elementary. Since Hazelwood is already at their maximum capacity, rezoning is a real threat. The appeal of our children attending Hazelwood Elementary is strong. A development of this size will significantly increase the traffic on our roads and the freeway entrance and exit. Increased traffic in our neighborhood is undesirable and Lincoln Ave. NE doesn't have the sidewalks to provide more safety. Drainage& Flooding We are extremely concerned about drainage issues. Not only do we experience flooding,but we are concerned about the streams, creeks, and lakes nearby that will experience decreased water quality from storm runoff and other surface water. This area has experienced increasing drainage problems in recent years. We have a system of surface water to handle storm drainage. The streams and ditches and culverts that carry storm water have flooded, washed, and eroded extensively the last few years. This is the result of both big winter storms and new housing developments uphill from our neighborhood. The permeability of the soil has been p. lost and has not been adequately compensated.. Driveways and roadways have washed out multiple times, ditches and streams have flooded. Public Works responded immediately and spends up to a month in our area each year digging sediment out of ditches, unclogging drains, rebuilding driveways, and laying quarry rock down to provide better drainage. This is costly and mistakes are dangerous. Our neighborhood has also watched the heavy erosion of the May Creek bed. Not only have bridges washed out in the May Creek canyon, but the creek bed has eroded so heavily in places that one wonders about the survival rate of the salmon eggs laid last fall. Last fall,Lake Washington, May Creek, and other nearby rivers experienced the largest sockeye run in Lake Washington in years. This piece of property that you propose to develop is very wet. In fact, it is a surprise to us in the neighborhood that anyone wants to build on it. Not only does the property have wetlands and a stream on it, but it receives water from many different places. There is storm water that flows along the east side of Lincoln Ave. NE and flows underneath the intersection to Lincoln Ave. NE and Monterey through a culvert and onto that property. There is also water that runs along the west side of Lincoln Ave. NE that directly joins the stream on the proposed property. Water and sediment always wash over the intersection between Lincoln Ave. NE and Monterey Street during winter storms. There are three more culverts that run under Monterey Street and receive water from the steep slope above Monterey. These empty a great deal of water from the immediate steep slope onto the stream. We know that the WhiteHawk development has directly increased the runoff in our area and that is much further up Monterey Street. A particularly important site of flooding is the intersection of Lincoln Ave. NE and Monterey Street. That intersection always seems to flood and there has been heavy erosion on the west side of this intersection, right above the culvert, right on the property that is proposed to be developed. Flooding at this intersection directly impacts 40th Street NE, the planned entrance to the condominiums. Not only is the flooding of the intersection a threat to 40th Street NE,but flooding of that corner would cut off any residents in townhouses from accessing the main road. This would redirect a substantial amount of traffic up Lincoln Ave. NE during the storm season. The proposal to move the stream on the property bothers the Department of Fish and Wildlife. Their department suggests the probability of significant negative impacts on the creek if it were moved. We wish to point out that moving the stream closer to Monterey Street will increase the erosion along Monterey. There is already extensive eroding that happens yearly along the east side of Monterey Street. Not only will Public Works be fixing those yearly erosion problems, they will also be fixing the erosion that will be created along the west side of Monterey Street. We would also think that relocating a stream and maintaining its flow rate and volume would be difficult. How do you relocate a stream and maintain flow rate t and volume, absorption? Would relocation of stream reduce the amount of land the stream occupies and increase flooding potential? Are the developers going to change the size of the development once the stream is relocated, taking advantage of the changing buffer area around the stream? We note that soil samples were obtained in less than a dozen or so places in September of 1996. We are concerned about winter flooding and question the value of samples taken in the driest month of the year. The soil saturation at the time of soil sample acquisition must have been low compared to the winter flood season. Do the samples have any bearing or validity with respect to flooding conditions? Development of this site can only perpetuate the already significant drainage problems by speeding rate of flow of water and decreasing the quality of surface water that eventually finds itself in wetlands near Lake Washington, and May Creek. The existing surface water system clearly does not have the capacity to handle more water. It is our opinion that there has not been enough study of existing drainage problems, and the effects that changing the surface water system would have. Wetlands There are two wetlands identified on the site for which there are buffer zones and mitigation. They contain"reed like"vegetation and an artesian well in the northern wetland. This wetland is certainly an important indicator of how wet the property really is and how important it is to the drainage and water quality. Wetland replacement is being done on both the north end and southwestern sides of the property, what does replacement mean? I would recommend that you provide a net gain in wetland because of the drainage problems and water quality in our creeks. There is an Artesian well on the property. It consists of a man made pipe standing 10 -15 feet out of the ground in the North wetland located on the site. Water spills from the well in all seasons! Can you build near an artesian well? How important is the well? Will it dry up if the soil around it cannot absorb water due to the development? When you look at this development in conjunction with the development of Port Quendall, what drainage/flooding/water quality/salmon impacts will this have? Is this development in agreement with the May Creek Basin Plan? City Position on Growth and Increased Density Some of the parties of record have discussed this development with you. You indicated growth is good and you cannot understand why we are against it. We are concerned that you may not represent our interests in this matter. It concerns us that your job is dependent on continuing development and if development decreases so does your job. a " Let us remind you that your current salary comes from our taxes and as such, we employ you. Please bear this in mind when you are considering what is in the long term best interest of the city. Our Proposal to the City of Renton We Propose: • Far fewer units than 62 • A different entrance located further north away from the bus stop with security gates, • A large wall with trees between Monterey and the site • Increase wetlands and culverts to compensate for the increased runoff the development will create. • Don't move the stream, keep it intact. • A larger mitigation fee for services would help us feel protected from further tax increases just to pay for some other property owners needs. A'n ;: r'%a ¢A`" ary we don't want this ��`n-summ e,- F,.K= ,w>r:A 1 property developed in the proposed manner. We „4- sstthat the property will eventually be developed. We prefer Fr � ;.,:-°� p peer and insist on -; r� res°p �t a environmental ����,�,t;���.,��,�, ,�;,,;���,��r,�; rs�,taJ�� rw, ,�w���a considerations and something more representative ,f,.:,k? �, y E zen e hborhood. p of our xu;F P'< icerely, CZ. ,may David and Monica LaFever Two Parties of Record, Williamsburg Development :ENT DEVELOP I . 1 CITY ,L� �� NING j • ► TALASAEA ., CONSULTANTSRECE �°��7 I VET. March 3, 1997 TAL-313 Mr. Mark Pywell, Project Manager City of Renton, Planning Department 200 Mill Ave. S. Renton, WA 98055 REFERENCE: Williamsburg Condominiums, Project No. LUA-96-164,SA,ECF Dear Mark: Thank you for discussing the conceptual wetland mitigation with me on February 25, 1997 pertaining to the Williamsburg Condominium project. We wish to proceed with finalizing our wetland mitigation design in an expeditious and cost effective manner. Accordingly, we want to be sure we are proceeding with the correct assumptions. Based on our telephone conversation, it is my understanding that the City of Renton has accepted the information we provided you in our February 7, 1997.report, including the wetland delineation, the location and area of the proposed wetland mitigation, and the proposed corresponding buffer widths. Please contact me immediately if my understanding is incorrect, or if you have any questions. You may reach me at (206) 861-7550. Sincerely, TALASAEA CONSULTANTS J n Altmann Ecologist cc: Mark Goldberg, SDA Brothers, Inc. Allen Bauman, Polygon Mgmt. Lyle Kussman, Kussman Assoc. Resource d�2 Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98072 • Bus: (206) 861-7550 • Fax: (206) 861-7549 DEVELOPMENT PLANNING To: Development Services Division CITY OF RENTON 200 Mill Avenue South MBAR 0 4 1997 Renton, WA. 98055 Re: Williamsburg Condominuims RECEIVED LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for 3 years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: /1bn Cd. c Da Use Lae-- ver e Address: C 214 Cd� f!� ✓� / 9-Jki 07(1— 9316S— Phone: a 7 7- c5, �� • To: Development Services Division 200 Mill Avenue South Renton, WA. 98055 Re: Williamsburg Condominuims LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am aft having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for a years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, irrirreased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. • Name: G 14r2 q", .S e <2 f Cam-d Address: li Phone: (-27 :j ��c — 9/3- DEVELOPMENT P CITY OF RE-NrAj�NING PAR ® 3 id97 REC nfED To: Development Services Division 200 Mill Avenue South Renton, WA. 98055 Re: Williamsburg Condominuims LUA-96-164,ECF,SA I would like to be made a party of record and receive • additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for 1 years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: \.{,VVI ole- el 6-g-k -gg-“.NU Address: 3g (Q. [, Huyi, etrsee. 136 Rtn+15Y\ q8057_, Phone: (e%' ) ICC-C.014-7 DEVELOPMENT PLANNING CITY OF RENTON MAR 0 3 1997 � �v ® rt- ". iVE1.0‘Pd-NT PLANNING CITY OF RFC'T ON To: Development Services Division 3 200 Mill Avenue South MAR �99� Renton, WA. 98055 .: ECEVED Re: Williamsburg Condominuims LUA-96-164,ECF,SA I would like to be made a party of record and receive additional notifications of the city's appeal periods and public hearing dates for this project. I am against having 62 condominiums (9 big buildings and parking garages) constructed in my neighborhood. I have lived here for -6 years and chose this area for its quiet, rural, and family oriented environment. We were here FIRST!! Building this development would cause safety hazards, traffic problems, increased flooding, environmental distress, and decrease the market property value of our homes. We are taxpayers, we matter. Name: Address: 3P)-r--) 6,lnC_n/i) 4(/e. N. e- K '?- ,5 - td,4 Phone: c,2o(0) 055- le, L/5? • No • in bond � �s nf_ hlr)or hOod usA32 grig rtercraill nal= - 1 aw,....4„\--, 0, PM 0 I r AR co — 01 ,----- .---------i . - , - 1 - fr'lirtneb UN 98056 , ..--------------'------ -,,z.:-..- . /991 e. . ,.• itaiitadt.3.1,1,31.Lfaitumulimialitialt„,mil