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HomeMy WebLinkAboutLUA97-169 ♦ InterOflice Memo To: City Clerk From: Kayren K.Kittrick Date: February 18, 1998 Subject: Blueberry Lane Final Plat- Plat FP-97-169 Applicant: Dick Gilroy Blueberry Place Communities,LP 1560 140th Ave.NE Bellevue, WA 98005 Plat: Blueberry Lane Covenants: Yes, Originals in separate file Easements: None Agenda date: February 23,1998 Recording Date: Number(s): By: L um-xx SHEET 1 OF 4 BLUEBERRY LANE A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON CITY OF RENTON APPROVALS CITY OF RENTON PLANNING/BUILDING/PUBUC WORKS DEPARTMENT EXAMINED AND APPROVED THIS_DAY OF 19_, LEGAL DESCRIPTION EASEMENTS AND RESTRICTIONS ADMINISTRATOR THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST 1.AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF RENTON,PUGET QUARTER OF SECTION 10,TOWNSHIP 23 NORTH,RANGE 5 EAST,W.M.;EXCEPT THE WEST 42 FEET SOUND ENERGY.U.S.WEST,TO CABLE TELEVSION, AND THEIR RESPECTIVE SUCCESSORS AND CITY OF RENTON CITY COUNCIL THEREOF FOR 138TH AVENUE S.E AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER ASSIGNS.UNDER AND UPON THE FRONT 8 FEET OF ALL LOTS AND TRACTS,PARALLEL WITH AND RECORDING NO.6417491 AND 64174921. ADJOINING EXISTING OR PROPOSED PUBUC AND PRIVATE ROADS IN WHICH TO INSTALL,LAY,CONSTRUCT. EXAMINED AND APPROVED THIS_DAY OF 19_- THE NORTH HALF OF NE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST RENEW.OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTOR SYSTEMS WITH NECESSARY FACILITIES QUARTER OF SECTOR 10.TOWNSHIP 23 NORTH.RANGE 5 EAST.W,M.:EXCEPT THE WEST 42 FEET ANDITOTHER EQUIPMENT FOR THE PURPOSE THE OF SERVING ENTERIS UPON THE AND OTHER PROPERTY, WITH UTILITY SEHEEN,TOGETHER WITH RIGHT S UPON LOTS ALL TIMES FOR MAYOR THEREOF DI FOR.041 AVENUE D.C.AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER THE PURPOSES HEREINU ,STATED.LNOEL LINES OR WIRES FOR THE TRANSMISSION, OF ELECTRIC CURRENT. RECORDING NO.6417489. OR FOR TELEPHONE USE,CABLE TELEVISION,FIRE OR POUCE SIGNALS,OR FOR OTHER PUDUOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. CITY OF RENTON DEDICATION / CERTIFICATION 2.THIS PLAT IS SUBJECT TO THE TERMS AND CONDITIONS OF DECLARATION OF RESTRICTIVE COVENANTS EXAMINED AND APPROVED THIS_DAY OF 9_ AS RECORDED UNDER RECORDING NO. _ . KNOW ALL PEOPLE BY THESE PRESENTS THAT WE,THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE CITY CLERK LAND HEREBY PLATTED.HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBUC 3.BUILDING SETBACKS ARE AS FOLLOWS AND ARE SHOWN HEREON: FOREVER ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND THE USE THEREOF FOR ALL PUBLIC HIGHWAY PURPOSES;ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE FRONT: 8'(MIN.) STREETS AND AVENUES SHOWN HEREON.AND FURTHER DEDICATE TO THE USE OF NE PUBLIC,ALL THE SIDE: 0' EASEMENTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON.INCLUDING BUT REAR, 15' NOT LIMITED TO UTUTES AND DRAINAGE. BUILDING SEPARATION: 10' AN UNDIVIDED INTEREST IN TRACT 100 IS HEREBY GRANTED AND CONVEYED TO THE BLUEBERRY LANE 4.THIS PLAT IS SUBJECT TO THE TERMS AND CONDITIONS OF SLOPE EASEMENTS ALONG HOMEOWNERS ASSOCIATION AND THE ORCHARDS PLANNED COMMUNITY HOMEOWNERS ASSOCIATION FOR 138TH AVE.S.E.AS RECORDED AT RECORDING NOS.6417489.6417491 AND 6417492. WETLANDS AND STORM DETENTION.THE BLUEBERRY LANE HOMEOWNERS ASSOCIATION IS HEREBY CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE RESPONSIBLE FOR THE MAINTENANCE OF THE WETLANDS WITHIN SAID TRACT. THE ORCHARDS PLANNED 5.THE COST OF CONSTRUCTOR AND MAINTAINING ALL ROADS NOT HERON DEDICATED AS FUGUE ROADS COMMUNITY HOMEOWNERS ASSOCIATION IS HEREBY RESPONSIBLE FOR THE STORM DETENTION FACILITIES I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL WITHIN SAID TRACT. SHALL BE THE OBLIGATION OF ALL OF THE OWNERS AND THE OBLIGATION OF ANY CORPORATION IN WHICH ASSESSMENTS AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE TITLE OF THE ROADS AND STREETS MAY BE HELD. IN THE EVENT THAT THE OWNERS OF ANY LOTS SERVED CITY TREASURER FOR COLLECTOR ON ANY PROPERTY HEREIN CONTAINED TRACTS 101,102,103,104,AND 105 ARE HEREBY GRANTED AND CONVEYED TO THE BLUEBERRY LANE BY THE ROADS OR STREETS OF THIS PLAT SHALL PETITION THE COUNCIL TO INCLUDE THESE ROADS OR DEDICATED FOR STREETS.ALLEYS OR OTHER PUBUC USES ARE PAID IN TRACTS 101, 02,10,10 FOR LANDSCAPING 1ARE B GRANTED SAID CAONVEYED THE BI HEREBY STREETS IN THE PUBUC ROAD SYSTEM,THE PETITIONERS SHALL BE OBUGATED TO BRING THE SAME TO CITY FULL HORESPONSIBLE FOR CIA IONMAI OR NCE F THO AND OPENEN6 SPACE.WATN SAID TRACTS. OF RENTON ROAD STANDARDS APPLICABLE AT THE THE OF PETITION IN ALL RESPECTS.INCLUDING DEDICATION OF RIGHTS—OF—WAY,PRIOR TO ACCEPTANCE BY THE CITY OF RENTON. THIS DAY OF 19_. TRACT 106 IS HEREBY GRANTED AND CONVEYED TO THE BLUEBERRY LANE HOMEOWNERS ASSOCIATION. 6.THERE SHALL BE NO DIRECT VEHICULAR ACCESS TO OR FROM DUVALL AVENUE NE FROM NE 5TH STREET. KNOW ALL PEOPLE BY THESE PRESENTS,THAT WE THE HEREIN BELOW SIGNED OWNERS IN FEE LOTS 16 THROUGH 21 AND LOT 22 SHALL ACCESS DUVALL AVENUE NE THROUGH THE INTERIOR FINANCE DIRECTOR PRIVATE ROADS ONLY. NE 5TH STREET SHALL BE ACCESSED FROM DUVALL AVENUE NE BY EMERGENCY SIMPLE OF THE LAND HEREBY SUBDIVIDED,HEREBY CERTIFY THAT WE HAVE ESTABLISHED A VEHICLES ONLY. HOMEOWNERS'ASSOCIATION IN ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID HOMEOWNERS'ASSOCIATION. 7.THE PLANTER AREAS AT THE ENTRANCE TO THE PRIVATE ROAD FROM NE 671.1 STREET AND WITHIN THE IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. CUL—DE—SAC BETWEEN ELMA PLACE NE AND NE 5TH STREET SHALL BE MAINTAINED BY THE BLUEBERRY LANE HOMEOWNERS ASSOCIATION. KING COUNTY APPROVALS • BLUEBERRY PLACE COMMUNITIES,LP. KEYBANK NATIONAL ASSOCIATION 8.A UTILITY EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF RENTON FOR WATER.SEWER A WASHINGTON UMITED PARTNERSHIP A NATIONAL BANK AND STORM DRAINAGE OVER TRACT 106. SEATTLE/KING COUNTY HEALTH DEPARTMENT By. NORTHWARD HOMES,INC. EXAMINED AND APPROVED THIS DAY OF 19_., A WASHINGTON CORPORATION By, Its: GENERAL PARTNER Its: DIRECTOR ENVIRONMENTAL HEALTH ORISON By Ito AQUIFER PROTECTION NOTICE KING COUNTY FINANCE DIVISION CERTIFICATE THIS SHALL SERVE AS NOTICE TO ALL HOMEOWNERS OF BLUEBERRY LANE THAT LOTS 1 THROUGH 57 I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID,THAT THERE ARE LOCATED ACKNOWLEDGMENTS REQUIREMENTS OF WITHIN CITY OFF RENTON F NORDINANCE#43R 67.FTHIS CITYS SOLE SOURCETION AREA AND ARE )OF DRINKING FOR COLLECTION ECT TO THE ARE NO SAND,THAT NT LALL ASSESSMENTS CERTIFIED TO WATER IS SUPPUED FROM A SHALLOW AQUIFER UNDER THE CITY SURFACE. THERE IS NO NATURAL THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN STATE OF WASHINGTON ) BARRIER BETWEEN TIE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED CONTAINED,DEDICATED AS STREETS.ALLEYS OR FOR OTHER PUBLIC USE ss WHEN HANDUNG ANY UQUID SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT WITH TIE ARE PAID IN FULL GROUND SURFACE. IT IS THE HOMEOWNERS RESPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. COUNTY OF ) THIS DAY OF 199—. I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED . THIS INSTRUMENT,ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AS THE OF NORTHWARD HOMES,INC.AND ACKNOWLEDGE IT TO BE THE FREE AND , VOLUNTARY ACT OF SUCH CORPORATION FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. •- 3Afal MANAGER•FINANCE D(V1SION DEPUTY DATED: _ 79 SURVEYOR'S CERTIFICATE — �.VANE:. I.KEVIN J.VANDERZANDEN,HEREBY CERTIFY THAT THIS PLAT OF y S�',�'o�v....„H �4 DEPT. OF ASSESSMENTS • • BY: BLUEBERRY LANE IS BASED ON AN ACTUAL SURVEY IN SECTION 10, Y AY,_� i§' 4 NOTARY PUBUC IN AND FOR THE - TOWNSHIP 23 NORTH,RANGE S EAST,W.M.,KING Comm WASHINGTON, ` P. �, • E%AMINED AND APPROVED TIHIS_DAY OF• 19_� STATE OF WASHINGTON THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON, 4 ;; 'rc E , MY COMMISSION EXPIRES THAT THE MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED t . 4' • :-F ' CORRECTLY ON THE GROUND AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE PLATING REGULATIONS. \\1 :!eBAR, KING COUNTY ASSESSOR ,'=.DEPUTY ASSESSOR 4 \6,'ONAG LATH , STATE OF WASHINGTON ) DATE IID35:10 2E Yfi,U '•- . ss KEVIN J.VANDERZANDEN " ` ` ` RECORDING CERTIFICATE - COUNTY OF ) PROFESSIONAL LAND SURVEYOR _ UCENSE NO.30427 ' ICERTIFY THAT KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED STATE OF WASHINGTON FILED FOR RECORD AT THE REQUEST OF CITY OF RENTON THIS DAY THIS INSTRUMENT,ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT - OF' 19_-.AT,__MINUTES PAST M.AND AS THE OF KEY BANK NATIONAL ASSOCIATION AND ACKNOWLEDGED IT TO BE THE FREE RECORDED IN VOLUME OF-PLATS,PAGES_ RECORDS OF AND VOLUNTARY ACT OF SUCH FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. KING COUNTY•WASHINGTON PINSION ON RECORDS ANT FIFCTONS DATED: 19 MANAGER SUPERINTENDENT OF RECORDS NOTARY PUBLIC IN AND FOR THE _ WASHINGTON MY STATE lIRS _ D O D D S ENGINEERS, INC. ._ 4205-148TH AVE.N.E.,SUITE 200,BELLEVUE WA 98007,(425)085-7877 JOB N0. 95-127 / BLUE FM E R R Y LAN1H J LUA-97-XXX-FP ic c c SHEET 2 OF 4 A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON SURVEY NOTES: 1. LIGHT STRUCTURES(i.e.,WOOD DECKS.PATIOS)SHALL NOT BE PROHIBITED FROM BUILDING SETBACK AREAS. 2. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE PLAT CERTIFICATE NO.335090-5 DATED AUGUST 11,1997. IN PREPARING THIS MAP.DEI HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS DEI AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE • SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED FIRST AMERICAN COMMITMENT. DEI HAS RETIED WHOLLY ON FIRST AMERICAN'S REPRESENTATIONS OF THE TITI.E'S CONDITION TO PREPARE IRIS SURVEY AND THEREFORE DEI QUALIFIED THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. FOUND CASED CONC. N.E. 6TH ST. MON.w/2"BRASS N LINE NI/,'. SAl/4,SEt/a 5WI/4 SEC 10-23.5 3. ALL DISTANCES ARE IN FEET. &NTNOL MARK N 58'll'32"Vf VISITED MARCH 1989 4. THIS IS A FIELD TRAVERSE SURVEY. A SOKKIA ELECTRONIC TOTAL STATION WAS USED CITY OF RENTON tC TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING CONTROL MDN q IBaB S.E. 120TH ST. 00.DD THOSE N AS SHOWN. CLOSURE RATIOS OF THE SE MET OR EXCEEDED '/ THOSE SPECIFIED IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN 9/ 10 _ — 1^ CALIBRATED AT AN N.G.S.BASELINE WITHIN ONE YEAR OF THE DATE OF THE SURVEY. N 88'20.00"w 2611 44 ✓ �10 -- old 5. SECTION SUBDIVISION SHOWN AND TIES TO CITY OF RENTON CONTROL NETWORK ARE PER • PLAT OF ORCHARDS DIVISION I RECORDED IN VOLUME 173 OF PLATS,PAGES 76 THROUGH I1(II� 82.RECORDS OF KING COUNTY,WASHINGTON. I N LINE NI/2.NWI/a,SEI/4,Swl/4 1. LTJ 1948 92 SEC I0-23-5 _ Z -- 649 64 S(,'VSEO HE N I N 88'11132"w BLS Q ry 6�4 4 N 88'07151W NE 12TH ST Z z IQ S LINE 5�'2,NYl1/4, WF Z ® • O _ -� az 5E1/4. /4 D// PARK = Z SEC 10-23-5 D '9 40 SUBDIVISION DETAIL • h= NE TUTU ST s0 -s NOT 10 SCALE W j C a 6 Z h.. a a _ �411 Iz Nf iH SS Z yj u ' 910 t� / �3� 7 0 41 ��� 5-......._ j I^ NE 6TH ST QTRACT 101 Ia ,4.32 O � i a ��/ AID ,ESTABLISHED PER--\ I W n j :'�`s `/ 29 ICNG CO ROAD ENGR ii/fr 4� St NE 4TH ST SURVEY NO 10-23-5-10 \ ret I o n u S 2, /22 24� � r s LINE SI/2.NWI/4,SE1/4.Swl/c N.E. 4TH ST_f 64674 10 45 43" ._SURD 15 VICINITY MAP 0 31 NO SCALE n IA I A\ • 1 . . y 10 193.29 64643 I -1/ .10 16 5 N Bel.t 38'v,-__- -_ __nos:2 —_-_ �II��g 1 1/ \ N.E. 4TH STREET j l (SE 128TH ST.) FOUND s'18RASC I 117ro.",9 - , ? `I ACE DID I� .. 1.NAND. SIAMPED'1/4 t° 1" , o.o..�:j� \'—FOUND CASED CF�NC ROTTED JANiRARY 19?4 r� ! .20N W/HRON2E PIN • SCALE: — �oo V•'w, �(+�R'r� Ill. �' VISI ILO MARCI1 RUBY :-` `'T l' V CITT RENION , 0 101 1 400 ` :;ri -;f C'v� L'CNTHr�L NE TVIl1Hrc ' >y 1 .o ) BASIS OF BEARINGS: :,D,z.Dei :A y • <F,I PLAT OF ORCHARDS.DIVISION 1.RECORDED IN VOL.173 OF PLATS.PAGES 76 THROUGH 82. • DODDS ENGINEERS, INC. •`, _,-,Lvr„f' ® !� 4205-148TH AVE.N.E.SUITE 200,BELLEWE WA 98007.(425)885-7877 2r..,';£.-• © JOB NO. 9S1 BLUEBERRY LANE L A-97-30OCcFP SHEET 3 OF 4 A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON N.E 6Tf< :_ ..• sr. • N 8811'32" W _1 ' _2 _ 607.62 42 01 - - - N 88'11'32'W 1 291.50 60759 00 N.E. 8TH ST. a \ - �n e 1y 6, (PUBLIC ROAD) I P' �06 185 69 8e OO��• 581]5 j 0 q so 5901 1, 26.a6„...'''':'4:50 3220 �7253 ..i p`, ?• \ u R=7600 Ia 50•m�ZO8_-!-27.17-.-2717--- - s 399�-0. --60.78---- -,rip' 10f, ui. �A=29'31'44" 1 - - - _ _ _ 6969 _ A.14.46 Opv�• 0/S �>$ ,11-z4005 TR. e-- --_-_ BSBL� 777 e 1 '..5: 1,648's l� d=2B4 00 10 - 48 $II 7 0 i ,, L=1204 `10'STORM 3,803 SF. s2 SF. R=N 00 6 2686 SF. DRAINAGE L=1005 EASEMENT N 88'10'00"W r--'0^o0 19 19 (SEE I w 62.79 ¢'7 0 40 W TO CITY '" 44 91 50 I - o I 6071G110N o 2i 80 50 oP 1100 _ o o '� 19ET.0 0S - 2284 Si,N e 2268 SF,o OF RENTON o 1,071 Si. p`" • ® 2 I e 2s2 WM. % '2 oIP1 , ��' z z z 45 4,9 2 opo y' ®�� 2,938 Si. i ,•'''''' '''Line, ,J�^I> G a °H •? 3,34 SF. ` 43 f N 88'l0.00-w \oo9, OO B(0 R=2400 r' - B58L _ �$ 1 91.54 \ 2'' yk AL 69444 14,$ a 20.45 od Oo5 _,,.... J 2]1] _ Ifi 46 .:y I O,m 'skA L pl2 92 vim,h�� N o6'0'00'E 81 45 O 1 3 'bp' (H _ 9592 "/, 2�0`°' }.19 35]9 /�, 0 �0 h :::: N 88'10'00"W � Oe1tiT.1 u0^O A 1 ],J34 Sf. /„n 0 by 6°'S 0,B-- P \40 0 Pl 4e N . k7 L•1 _ ( W> R %oN.E. 5T$ CT. \ yk5 Ei n tOUI OD 1 N 88'10'00'W g42st'a,(R as 2 O 1 22.56 27.17 00• Op0 O`�6n Zp a\ J,46SF. 1 tO I ,1_ 3e��Oh 27I] 19020a5(e ` N co• 30 15'(1r)r-- e 1 89 1 0 ��g1- z 6 B a \ \S.� SCALE: 1 F) I 4 A=18'09109' 75' D' 4O'00 0' L'1T2234 N 8414'1" 000"C 26 30 v 4 0 _ 0' 09.55 0 2,208 SF. I ,4'..,,,O• ,,, I{I L=517 ^: Op.k A. A=05,8'46 10 15 30 60 I N 88'10'00'w 0.991b OA1� ^'v I258 SF.C7 0 -m I8517 1115. 2� 52 2h24' I1' '� ryg40'00"E •• I_ I z 51 50 49 1 to9.31 15' 15 4,078 SF. I e I 0 3,112 SF. 2,116 SF. 2,146 SF. 2.894 Si. 0 :: W LEGEND 0 Ilm 10'STORM DRAINAGE I1 m Da. o EASEMENT 1(iro) ¢0 m W \ EASEMENT 10 ME - _ _ - - m • SET 1/2'IRON ROO W/YELLOW y • CITY OF RENTON 4.0' [Eej 9' v 4.329 S.F. PLASTIC CAP'DEI 30427' `'m, 00 --[§659'OOW T 1 0 r. o I u v n 1F), [4��]• W ,-'N o�N1656 _--6691 - I- o l0 7i _ 33.95 27 17 27 17 47.60 ''�"i" 00 00 E OD 40 0 FOUND 1/2'IRON ROD W/YELLOW 00 E -- oa o 1 N 88'10'00 W 69 93 65 96 4,‘79' ;7 O �' I PLASTIC CAP"DE118909' s 1N 82'7900 iml w •�.04"0� 11S(Iro) I I 10T 1 z1) v OO • o I N . I I�� I'p ® MONUMENT SET PER CITY OF RENTCN I 8 �1 o y' ti 53 1 o w 11 81 1 P A � I 39 10�1 Z O STANDARDS UNLESS OTHERWISE NOTED I 2.767 Si. 9 2 No) 2,599 S.F. II Oo m ( 2,181 SF. 1 0 Cti) 1 3,570 SF. 1`1 1) I A I 0/S OPEN SPACE 1 N 82'30.00'E I N 88'3o OO E „0 £ 1 N BT30'00 E 1 J r 0' . 7,.....4 11m N jg p006 C 79 00 I No 15 j 1. -0 I 65 44 , tiIr t00 1 tl Pn, o I IP P 1 1 m 58 1, I ry 54 1 1,636 SF. m1 N 38 I 1 0, I 2747 S.F. A=O6'O6)I}" \ ZQ9 SF. LSFE ) • O ) 2661 SF. 1 £ J L=692 A=37'S6'14" f01G N 86'40'26"E 0 j 1 I l II N B2'}0'00'E L 25\N 82'30'00 E 69]6 �T•1)J 67.28 �iry pz 1 1 N 79'00 p0 E TRACT 100 1 99.37 �;,, N. WETLAND AND DETENTION AREA \\',j, m5. o A=24'48'4fi 0/S y TR.7I Saf.o c oW ' 7,97155Sf. 1 I 9525 II 11 • DEDICATION,SHT.1 I B \'q`T oo\so o L=1689 0 28 _ry o I I U 1 _ 35 1 (SEE ) I 2.236 SF. (e O I!6y m h OO :"0 ,�� ,Q I ^' 1 i v I 3,125 SF. 1 152,397 S.F.(3.49E15 AC.) - I E \Q\ a ",S / o '� a=0r 1 15 "' ) 10'STORM DRAM4GE 1 I ,� m N 82'30'00' '1yg0�\O V9>0 ry 0�ry l4' E45EIn2N1 10 ME 8000 �'L 8'90' a i.I6p>/ 00:„�' 53 07 1448>l - A=0 030'01" �=11V55'2)' CITY OE RENTON --1 F'-- 0 s O 65 2e v`I'' N 82'30'00'E A I 5' 1 1 D'' y`00 N27�-3�6-Spo R h =A=1T4fi54TR.104O=99.05 N 85'20'00"W I r "W t=2342 ,. n I oo; 9D DD , ;�_ o 0 1 S, v -- \\ 0 PR7y4 C)'°0 r� (SEE 3 787 SF.-m - 1 \ J,491 SF. •po v 7F ROB 0 1T.I) /5 /e A=4T1Yni ,, I 96 I I d 4Dj a, sET.q L=16 s6 ��/ Iw I \ 0'1' ........... J9j 10'STORM gS1'`+6 3,SN SF. 2 \ 4, v00 DRAINACC 0`\t 49 p0 A,- I I 9p, L,et,p00`j p b 6,. I \ ? �\ •P` EASEMENT p.L 6'SJ, A• IiO of ,n III�\pp.(CO10 1 (p. 9 TO 01Y 0 g- 0 5•'� >7'4 00 V)be_4 \ I N,`�fy,,O_O�(p,01 RENTON .1 E`Wl i��M1 w(RI 995 - W I�ei e ,,J�:��������»��� 3.106 SF. . I I 'i,t%qO,� '' '1'2 O0 0 7 1 1 4I 00 - - 3TI ).NAND:... 2 ^ 12 \ `9rj's y9'y 35 I I 1 q,.: 4 61! \ (,0J3 I I I • 'R4E EA40 E SEE SHEET 4 OF 4 FOR CONTINUATION .,l®F,.,..6,/Et4 � DODDS ENGINEERS. IN C. ait: .• •'•'��., t--.4205-1481H ME.N.E.,SUITE 200,BELLEVUE WA 98007,(425)885-7877 "e'i:''3 'i ,.. "., 1- JCIO NO. 851 7 J E � J 1 LANE LUA-97—X7IX—FP SHEET 4 OF 4 <J � A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON SEE SHEET 3 OF 4 FOR CONTINUATION \ \ \\ \7 I Imo.+ \ \ II 4200 • 1 8 \\ �O/�l R. 703 ...... 55 \\ 1 \ I 1 \ R.. 37 0 11 \ VOZo O Eye N C _J ,5 •r ' 10'STORM DRAINAGE--� \ rrii ,,��/7..�� _ 1 EASEMENT TO CITY h 6?2'C, ` 0 7' OF RENTON I I I 2 IRS 11 9 ' .No J^,0 p7 O'sfoo..W�'E: 19. 104a!):I • j I I I 1 6 R/Vg7F,IOg 0. O/5 / I I g. 1 o rn z>,> Rogo) h �asjo 36 I / \ 0 v 83•B(--\ 205p °0* 5'� , i \ ----„10 '1- e'4P l O> i/ eo/NssSJq N>'a I \\ 10 W o�pepo 8 A:^'i'• o�sp ., ° \(+l 'i�ee// SW(ej 995°p..W I I I _ 2149 SF.a�°i 12 13 ti eh ,P h9 8 04=60 35 r. 06 o s., A 1, " o e>L,,13, I W ill W \ es 2 2146 SF.,e 2968 SF.O `'� \ o .vry �0,33 2915 Si. T71 ( .. ^10'STORM / \'''''' 99 iP 7 4~1-. CIRI N''.7-° IN o I I ® ® ��\ Z DRAINAGE /o \ o.\'o .'4� MSpY31' ,,> O"W -1 �[js] ® ® EASEMENT TO/.`• ,(� �`�b o (,,,,P0J0" a} ICI-I 6 -�a,, N>0j500" 27,> ----. CITY IINTOOOF /2 s ...•I/\ N-r, o„' .,8 34 ry W \ oTR. 105�" \ 3,389 SF. I / 0 S 2>,7 �� a C 1.1SF��= 7' a 'D' I N>/. I I ,39.93 z3�6 ��0O66 BW S62�PJ I !^ -I P mo ' 'zs 9° W CO I I CJ 7 6 :1:1-..."\ 9S u 0• mL__, IIu... TRACC100 .D9h7. 10 / ^14 ss,(y, y 2a o I Ns 30.00.W 33 / WETLAND AND DETENTION AREA / YJ to I 3,518 SF I I W 1.1 i15 , 2740 SF. \•,: s v;1 N 87.15'00"E I I - x. 9. 7' ':2:9,7 10&"' 0o 9980 O 500 �'o. 4,.o� A \ \ IS? N65'SO'001v 2 0 OS N SCALE: 1" = 30 Nha� -'18 �°� a%o.�' � lo,, ,65D Im 32 \ \ N h01g 2496 SF. (`oe,.y(q�q ° Jm 3,787 S.F. I I CO • 0 1s 3D 6D s Se/ m s°o, �sa/�b.°u i.00 ;�— i 0 • '' S- / .y 0'..P % p1 C19\' N]9'000� E z\ /`'' 17 .'""...,-0` o a ,� e' o s. \{,e ,10 10 \�,'.,\I N \ '"(SEEN.1) 6, / hg. 3,440SE w '�SHT.1) ?°m�\b G, \m= P"„won, 31 110>4 . LEGEND / 4, (SEE REMIT.6. a 90 00 lb L=137 2]68 S.F. \ \ d 5RT.1 < a 202856• E / �'sj ) �.cs/ b"' ? 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SJ.'9\ 5769 /pm/2 O O zO QO"$NT.1) O y b0 a' \i' (a}Q 16 74 3h Op L 75 h/"J n Z O v 636 W / m D E 1p� \(J°' '�5 N88'00'00'W R' NSJ:'SO h JS'DtTOtT •528w / Z / N 2.159Si. / o �S�'/`,d\ahfi� B°�S^.o'e 14 74 p 8,0A6^� \004, Ra I B�o � se 1 j..W_ 118fi / 6g70. (SEE RE57)R.6./ , �/`A. W IS'SAN SWR ,7,..c.3. HE q0 0 4z0',OD, _ / 8°S> 41 /h N CASEMENT 4, '-L=z>SOJo• n _7r / / Dtj O ", / �9G �`J 10'wA1ERLINC 1--� '� / 21 ',t,' 2 / W v EASEMENT 5• ' NBbb439'W -.SO'r 550'UTILITY EASEMENT / 3,D5 SF. ($EE RE51R 6, /n / 22 -- 5294 __________ TIi CITY OF RENTON rn / SNT.I) ryfia to, / 4.923 SF. �'Jo� O _ Ir _ o �0' v ----____ t a239 mL_ -_ 4v o 310 S2 --- __-__67 92- '•_ ' / (SEE IIESIB.6, - <, - °' ___ ____W 6E6V VEHICLE ACCESS (SET RESTR.6.SR!,4) __ ___. �.i0'6o .,'GA/ SNT.1) Z 5.016 SF. TRACE 108 (SEE cmlcenax, N 6sOJ'1g'W 309 90 ---_ _________ r 23 24 25 26 27 R a (PRIVATE ROAD) p.T+S2 1.., J D ,698 i3,265 SF. 1S' °!� (SEE REST.5.SHi.1) - .Vs- /1896 / 3.000 .F. -__.232031SF.85812932 49 90 y. N 88'07'15" W v ss _ 27 n n n 4 s*,31 —0 ,.I. .. •.. }= , . — o i 47' 606.01 ,,.PAND.. 4R;. 44, .ii ! , ...> . _._ .. ;\�'•hii'i.eN9 DODDS ENGINEERS. INC. ..,3 T Mom:TO et ea./Ej © 4205-148TH AVE.N.E.,SUITE 200,BELIEWE WA 96007,(425)865-7877 JOB N0. 95-I27 11 •,I 1 1 1:31 4 , lin. .,....,„t . ,,.,6,31,..i .32 17806 2 0 111•..11 I _ - _t.a...__riTs it 326 4 2'2 1'...-- IL, ''07 ROA 0 Esmr 652.36 2, CEN..SEC.10 632.28 ESMX 1 i '"(82 120114 4 372) I. 2 60..,„ . • 8TH oS2.83 sti__1;3_,1,2,A a es., 2 i .. 289i 8293.1: 3, . .1 ,a./.23,,N,, .9-E:',2 2 407.2m8o -,, . :H-5,13 2 ,,& II 3 1,1. I R6j' ,,°•1 „ol'oc s •-•0034c 0404c C11C' -' eii 141° NEIGHBORHOOD „., 4,0 .1- , ... 3 '66 0464c ‘,. ''''')• , '''' 4 t ii 2 • Cni • • •1 @' '.:: .•/202'4 25 is° g ,s,I•:,cg4 Ac. 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":::I g 1 0.82 Ac •• m w, :43 Z 0 b. ^. ,mIir WIWI Li, , r; • - ::, ;::j 1 270 School District 403.7, W* (2)., 2.45 Ac. F:1 m ite ,- . •• IThoma 0.234c. o .:••. 0 • <tiff ...., ra .1] . ,,,, .,..1.1 .... , .-, . wit • 3iS.zo. ® ° • -0 S.R 477114 . (nab 330.815 '5027 150.05 , 'Lir ,„ 30 APPLICANT: • SP777009 0.314c. 2.(el I U. School District 403 NORTHWARD PROPERTIES 4.5 (2) I.- 1.36 Ac. . • c. ... , 1 r", iii I F(1.0116Ac. Bernis Craig .5, . , . ',. 345 r,z,(i) H 1.,H8 . _LI W . 4,..J.I Z •. ...7, > - 11333 > el _ WI ® 1 - ' 8 .1 BLUEBERRY LANEv <X ,mo 1 12° @ .: 1 ,0,63 330.,, @ ,7071 NI,ceska, --1-.-• ---'• -ii--;:rz .r.-4.7110- 1-1542, - ' 661..f ROAD E SA,. 34 N. , 300.71 1 Z.,i j 20.cm Ti6V1-- ;2. ,, 300 •.• i0 • , , . . • •k, • •0. ...: trq,,,,1 - I2407 Cir$1-J eV if -. 0 39.E.--... li:1•11 "6 -,2 Llo9d V. &Hazel G.2.,_ :•9 (2) 6 Weber r•z' 0.89 Ac. .c..! 4 ,;-*• o 27AL•26. zi ,"."• • , , 2 A c. a, .41 EAterct W. P Ruth Venishnick 4.58 Ac. 5 „,, Lo.,, G Corson 4.59 Ac. : .... 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T.., -,T,. 2•`-i 70...._,.. ci.)1:1,,,, l . ...,0 ,F„,kopck i 1 '„'" -.• R i th3 f6i e I d Co T. i./..2 E,-.! 0. •a-'0--.. co-, , Mackey I 5i 'i I I (2) ' ''Ini-i53-1 I V `2, 0 I • ...,...-5., ri. = i 1 9E11079069 L/M ,...,...,43.9nob,....4q, I s3 5? 0 .. * U 0 0 Z34 ® 2()1 150a @ CI 31 1 165 165 • . • .277.5 --5...-5 c) •••• -"503 5.1 621.042 120 A 3 4 `..-------.- •••° --------r I :-_- v .;•.: i.::3;d 1 -•--------I: N9'ander 12810 t:., ,,V4' '''r r` lj I '2 1.15 Ac. d2616 le wr,,,.A. BliS5 g 303.674 • Rentonommercia Cl FA • .. .- . . ... ,d 4 Louie C Meissner 4 SC Ac ".' • • • r{ ' 11 J---_ . a_.—._ ,s, sm Y,i r,,,.,� �..9-_,,. w_ ,.NEIGHBORHOOD is _ °wi p•,a. - � g `'.� DETAIL M P o= se y�.° n- e e e© s If% ch �-Ai tt. rti m.'ill'06 , "2, 1 ,m ftryT� sT .i a 'S.E. IZIST a §ST.' a rLa-5® �� n, O r. ., 'H ® .0 O ccsac% 3 aar.a -Sxw x<s ac`,F ww, —,A_m i ' Z +l a. ;+--Im __.;___� • I��roma, I' d Iw x na APPLICANT: • vv'moa�o,i�c E1_ 5•. ,Mac NORTHWARD PROPERTIES .d{i 1-41 _ ..". W BLUEBERRY LANE Berms ®S . � I�I-A.g,® a :� n;i3 °' D v. 2 e}'p®ry ..r.......... .ss Q ..... oe. i I oleo �„ . w..I a ... .-. `,. a=© ....a Duos ^Iw sa r.' �...m ...per -"tl a 2, ww. ::,:::‘,:r.. .,..,_,,..,74,.._:2; w..! a' :a� e„a Z w' z.a ii d 4'F. -05 No i y l o+ &,:45ou -1. �� . I..® ®1 it 11., _ 1 „ of I �- aW' r^i� 0 '-i 11' r£E,=_ II 1 ;� - , �wI6 _ �y,,� " p3P :� to:I`Idr. 4°4 9 2 .tl*Y°! f_' ld r• r..F.EY- o z^I i4 I as 11Y1 IPr 1 pI 1 yy ,z, �vig! 12 ��-eq_ "" 1 I 3'- iel N.�4Trt S I I m _,- ,.. it Y e A..IAA ® -_— I P$i_.ii0�'O. • • • r . Return Address: City Clerk's Office �,1✓I�9� City of Renton • 200 Mill Avenue South Renton,WA 98055-2189 • • • • •• • 102305-9034 BILL OF SALE Praperty Tax Parcel.Number,102305-9043 Pr°j Fie �LUA97-169F 11 �tcn• & Duva11_AveN 571 ;tma avp NP Reference Number(s)of Documents assigned or released:Additicrat reference numbers ate on page. Grantor(s): Grantee(s): • 1. Blueberry Place Communities LP 1. City of Renton,aMunicipal Corporation • 2. The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the Grantee,as named above,the following described personal property. WATER SYSTEM Len�tlr Size Tvoe 1 q9 S599 L.F.of 8 D. I . Water Main 646 L.F.of 16 • " i). 1 . Water Main 4.4 L.F.of _ Water Main 7 each of R " Gate Valves Q 9/1 each of 10" /16" " Gate Valy 6 each of Fire Hydrant Assemblies rr SANTTARY SEWER SYSTEM: Length Size Tvoe 724 L.F.of 8 " P.V.C. Sewer Main L.F.of Sewer Main L.F.of " Sewer Main 5 each of 48 " Diameter Manholes each of " Diameter Manholes each of " Diameter Manholes STORM DRAINAGE SYSTEM: Length Size Tie 70 L.F.of 12 " 1). I . Storm Line 62 LF.of 1 ? " _C,r)nr. Storm Line L.F.of " Storm Line __._a_ each of 19 "• Storm Inlet/Outlet 1 each of 5 4 • " 2 oil/ Storm CatchBasin each of " 'w e L Manhole STREET IMPROVEMENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement) Curb,Gutter,Sidewalk 1918 L.F. Asphalt Pavement: 10 6 7 SY or L.F.of, Width STREET LIGHTING: #of Poles By this conveyance,Grantor will warrant and defend the sale hereby made tmto the Grantee against all and every person or persons,w iornsoever,lawfully clRirning or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. 98-0032 a,b,C(a HAFLEESYSWRIA MNDOU BII.ISALEDOOMAB Page 1 • 1 9�. • Form 84 0001/bh IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. • BLUEBERRY PLACE COMMUNITIES L.P . .BY NORTHWARD")HOMES , INC. , GENERAL PARTNER / 3eit.,,,,t4 sect/7725/9s. �`//F/I'8 INDIVIDUAL FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss 9��6pi+ COUNTY OF KING ) �aa\��� u,S,.../.�� I certi at I know or h satisfactory evidence that o ,,,•4* .,• • .Qr ,Gc,tla4-t•-k signed this instrument and O a*VAR 9� = aoknowled it be h cr eir free and voluntary act for the uses and purposes • u''—4( menfionedie{ (? Y '• 8. 955. a•• 4 \ � '�''%,,„M''''' �'� otary Public in and for the State of ington a WASNN-•‘% Notary(Print) 2i4 4 f� . � ? / �U,''"''" '�, My appointment xpires: (j�/ 9j Dated: (o ` / 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 ) r On this day of , 19 ,before me personally appeared to me known to C4, be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free CD mentioned, voluntary act and deed of said corporation,for the uses and purposes therein CDmentioned,and each on oath stated that he/she was authorized to execute said 0 instrument and that the seal affixed is the corporate seal of said corporation. on c Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: I `~ITY OF RENTON Fs BOARD OF PUBLIC WORKS Jesse Tanner, Mayor DEVELOPMENT SERVICES CITY OF RENTON May 11, 1998 MAY 12 1998 NORTHWARD RECEIVED Attn: Dick Gilroy 1560 140th Ave NE Suite 100 Bellevue, WA 98005 SUBJECT: BLUEBERRY LANE LUA 97-169 ,F Dear Mr. Gilroy: The Board of Public Works members have reviewed your project and decided to consolidate the deferrals into one security device with an expiration date of no sooner than May 31, 1999. The security device shall list the following work to be performed: 1. Final lift of asphalt 2. Sidewalks 3. Asphalt drive approach serving lots 26,27 and 28 4. Fencing This security device, per the information supplied by you, shall be in the amount of $26,640. This security device shall be released only upon the completion of 100% of the above items with no further extensions. You may call me at (425) 277-6198 if you have questions or need additional information. Sincerely, 47142 /4 Arneta Henninger Board of Public Works Coordinator cc: Neil Watts,Plan Review Jim Hanson,Chairman Yellow File LUA 97-169 200 Mill Avenue South-Renton,Washington 98055 (425)235-2569 Facsimile (425)235-2541 4. OLD BUSINESS: • OFF-SITE DEFERRAL,THE ORCHARDS SECTOR G PLAT, BLUEBERRY LANE, LUA 97-169, Duvall Ave NE and NE 6th St- applicant requests reconsideration to delete several items that were on the original deferral issued January 21,1998 and the installation of final lift of asphalt on the entire site. See letter dated April 6, 1998. Action: MOVED BY CHRISTENSEN, SECONDED BY MECKLING to consolidate the deferrals into one security device in the amount of$26,640,with an expiration date of no sooner than May 31, 1999. The security device shall list the following work to be performed: 1) final lift of asphalt; 2) sidewalks; 3) asphalt drive approach serving lots 26, 27 and 28; and 4)fencing. This security device shall be released only upon the completion of 100% of the above items with no further extensions. MOTION CARRIED. 5. REFERRALS FROM CITY COUNCIL: None 6. COMMENTS AND ANNOUNCEMENTS: None 7. CONSENT AGENDA: None 8. ADJOURNMENT: Chairman Hanson adjourned the meeting at 8:25 a.m. BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, May 6, 1998 5th Floor Conference Room IN ATTENDANCE: Jim Hanson, Chairman Larry Meckling, Building Official Dave Christensen, Utilities System Jim Gray, Fire Prevention Dennis Gerber, Police(absent) Arneta Henninger, Plan Review Mickie Flanagan, Recording Secretary VISITORS: None MINUTES 1. CALL TO ORDER: Chairman Hanson called the meeting to order at 8:35 a.m. 2. APPROVAL OF MINUTES: Moved by Christensen,seconded by Meckling,to approve meeting minutes dated,April 22, 1998. MOTION CARRIED. 3. REQUESTED ACTION: • STREET VACATION; VAC 98-001, LAKERIDGE DEVELOPMENT INC.,portion of Olympia Avenue NE (SE 125th St) - the applicant requests vacating this portion of the City right-of-way to correct an oversight at the time of platting Honey Creek Ridge III, which vacated a portion of Sierra Heights No. 5, leaving an unusual undeveloped right-of-way in this location. Discussion: Tom Boyns, Property Services Supervisor, briefed the Board on this rather complex application. Applicant is attempting to record the Street Vacation and Lot Line Adjustment(requested by staff)at the same time in order to expedite the matter. Action: MOVED BY CHRISTENSEN,SECONDED BY MECKLING to approve staff recommendation to the City Council,to grant the Street Vacation request,waive the appraisal and costs, subject to the following conditions: 1) the petitioner shall file a Lot Line Adjustment allowing adequate frontage along Olympia Avenue NE to meet Building Code requirements as a buildable lot; and 2) retain an easement over the northwesterly fifty feet of the property being vacated for the City trail system. MOTION CARRIED. irt,,tii,V Kr 440. CIT' OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator b April 21, 1998 �C MEiVT CITY OF RENTON qp �FREN 'ViNO Sid Forman R APR 2 4 1998 /4F 1998 • East District Public Health Center at Eastgate F� Environmental Health Services RECEIVED V&- 14350 SE Eastgate Way CITY CLERK'S OFFICE Bellevue, WA 98007 Subject: BLUEBERRY LANE PLAT, (LUA-97-169, FP) Dear Mr. Forman, The City of Renton's Utility Systems Division has accepted the sanitary sewer and water improvements required for the plat. The utilities will provide domestic water service and public sanitary sewer service to this plat. If you have any questions, or would like additional information, please feel free to call me at (206) 277-4499. Sincerely, 4.)\r Kayren K. Kittrick Public Works Inspections&Permits Development Services Division cc: Water Utility Wastewater Utility Laureen Nicolay 200 Mill Avenue South - Renton, Washington 98055 .. CIT-- OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J.Petersen February 26, 1998 Mr. Dick Gilroy Blueberry Place Communities, LP 1560 140th Avenue NE Bellevue, WA 98005 Re: Blueberry Lane Final Plat,FP-97-169 Dear Mr. Gilroy: At the regular Council meetingof February23, 1998, the Renton CityCouncil approved g pp the referenced final plat by adopting Resolution No. 3310. A copy of the resolution is included for your files. If I.can provide additional information or assistance, please feel free to call. Sincerely, I , Marilyn J. sen City Clerk • cc: Mayor Jesse Tanner Council President Bob Edwards Kayren Kittrick, Development Services Division • II 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2501 /FAX(425)235-2513 :.i• This paper contains 50%recycled material,20%post consumer CITY OF RENTON, WASHINGTON RESOLUTION NO. 3310 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (BLUEBERRY LANE/BLUEBERRY PLACE COMMUNITIES, L.P. ; 'FILE NO. 97-169) . WHEREAS, a petition for the .approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has • heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS„' after due. investigation the Administrator of the Planning/Building/Public Works Department has , considered and recommended the approval of said final plat, and such approval being deemed proper and. advisable and in the public interest; and WHEREAS, the, City Council has determined, that appropriate provisions are made for the public health, safety, and general . welfare and for' such open spaces, drainage ways, streets, or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and- all other -relevant facts, -including sidewalks and other planning features that assure safe walking . conditions for students who only walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of- such subdivision and dedication; NOW, THEREFORE, THE. CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : 1 RESOLUTION NO. 3310 'I i SECTION I . The final plat heretofore submitted and approved I� by the Planning/Building/Public Works Department pertaining to the 11' following described real estate, to wit : See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 9 . 17 acres, is located in the vicinity of Duvall Avenue N.E. and N.E. 6th Street) be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton; and subject to the findings, • conclusions, and decision of the Planning/Building/Public Works Department dated February 11, 1998 . PASSED BY THE CITY COUNCIL this 23rd day of February , 1998 . 11 ;I è1yJPerSen, City Clerk APPROVED BY THE MAYOR this 23rd day of February , 1998 . ICI c70,x4A-c"----" Je Tanner, Mayor - Approved to f - Lawrence J. Warre , City Attorney RES . 635 :2/09/9.8 :as . • 2 • • EXHIBIT "A" • DODDS ENGINEERS, INC. BELLEVUE, WA 98007 DEI Project No: 95127 9/29/97 Legal Description The south half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417491 and 64174921. The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417489. • • • 95127L#1.doc,09/29/97,page 1 • .. • • SHEET 3 OF 4 LANE LTII.ND9x="-� A PORTION OF THE SW 1/4 OF SEC. 10. TWP. 23 N.. RGE. 5 E.. W.M. CITY OF RENTON. KING COUNTY. WASHINGTON H.E. 6TH: 1 �•I N 86'11'32- W 607.62 • I 1 - N • , 1 N.E. STU Sf. _ 4..:.`.......„.\ (PUB• ROAD) - ! 1•. .. .nn • ..•4,. .. •l'• •J'I I. _po.. _ • I• 1 W 1 ..n .-- - - - --- ,,,.. 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'I ril LEGEND I" N7'AN(*ANNE I ... ::! • n I.V.11:WI 40 I I "'I :: td) WI I IJ•1.4 NI in 1•a I •• .I . VA. 1 'I " I SSWSSWSSEI I I 11; CT 1111 I.M ON 1 t Lei+] :. 1 .7.. • S 1/2•[ION ROD W/YELLOW 'r�( I I I I PLASTIC CAP bEl]W2Y II"u.•I,~ 1 I ••' ' - ' • 1 -1 ' CO W[,2 1•7 .. 1 1' � • N•rr MO A . .� I '''nr:.n' \ I pO el 43 0 FOUND 1/2"IION ROD W/YELLOW .r .1N Ni..7�U''1 - j I -' ":[!1 .l.�/ r - a1•:ILA.._• 11 r V.,-1. 9 .Ira 11..1.•`; 1 O I n PLASOC CAP'DO 10909- I .nl -a••. 1.. _ ' r 53 1 �I'o. 1 57 p 1 39 i..k,'I a z a p + 6 •v1. <'•�. • 1 ;161 SF. 1 . 1� 157D Sr. 1"t••.I ,b 6) OONUUENT SET PER OTT Or MICH I 2767 SF. 1' .. ( 2599 SF. i 1 1 Il,�' P a 1 :O STANDARDS UNLESS OINERTASE NOTED _ 1 _�A - 1` 1 r1 air -+ ' r 1 I • .;v:r+i 1 I b WC: I.c• 1 ,:•r:11 ( (7.z 1 , :r4f 1 I a Xrl.•.7r ,^1 •., m,.• r •L. . •a AI. a II f .. 0/S OPEN SPACE y."•' I�w ,. t•i P I I ` 56 `` i66 ••+ 7 1 54 I 1.676 u. 'I'• `:V' i 38i! 11 1'� I 2U7 SL .1-++r.•, I+' 1 2479 SF. 5¢ 11 ' '.{„ 1 : I- }. ( A.1f.•:li • N. 1�( !. N rf'•fi 7,:a - r 1 t1 i./i f '1\ .!'.Y7 I'.'.1 N ,!x 1 N 1'°•!� t I 1 l r.Ir �:�4 D� I TR. 109;• 55 + 11 1 I' TRACT 100 1 Y;; ]96 sF. 2.974 Sr. 37 1 1 WETLAND AND DEEYENfON AREA 8 .•,t. :m u. 1 a . (SEC DCacAnC 4.SHE 1) I 2276 SF. 1�. .:.� It I .!• 7 •4.1 I I 152.3971 S.F.(3.4965 AC.) - N r. ! _ .m. =I r.. • • I 1 9 , °ar-M i°8" • DaSC o1. ,0/5 707".,,,4'' F.,,';.. ' 7.491 Sr. ' 190AD) SN7.1) '• s318ir. I'. • lµiNi 7. 1 .1' . r .. I •., rl• a .r 1:.7.1 io 4;;* t`:�i'ii i v "t. \ I, • 1 \ . .;• • a i Wit 411 , • ` • �: 'H;«;m°T SEE SHEET 4 OF 4 FOR CONTINUATION DODDS ENGINEERS, INC. l0 6 oe//1 Q'-..- 420S-1.BIN AVE.NC..SUITE 200.BELL/WE wA 98007..(425)085-7077 : •-•:, `( - - -' JOB N 0_ 9 5-I 2 7 . ---- - —----- ---- . . . BLUEBERRY LANE LUA-97-3:70C—FP SHEET. 4 OF 4 LND—XX—)OCXX A PORTION OF. THE'SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E.. W.M. _ . . I CITY OF RENTON. KING COUNTY. WASHINGTON SEE SHEET 3 OF 4 FOR CONTINUATION . , t • .,. ,. . . , t• , t t.\;1 : i I. N.::•!,,I, .. 4 :. , \"3 '' I .... • I i .1 ••: . • . . ..:. - -,....,7,...4,..,,I1Z, . ,,v.z., 1 z 1 r.:..r..1,11,4:,:t.!ITV , 1 :. : •••• ; . .::. ,,/• P7k4;;: .1:-'.....''' •:.,1 t ••• II 11 I: '. • / ."' . . ;. • :, ' i'VT•• . •'.... '. .' ' : I 111 • ..•.. -•.v •••• ...,.... t'....2 :.••• "..%':.• . ' . • il\ •.. .. .. - 11 z% ,t3. ••• '' ' ,,.#: .:': •'' :\:,.I.-t.':.7.•''',‘ ...''' '• 1 : I :4 • - •.' 2.149 SJ.37 1.•• 12 !. 13 •N'''' 't • ' •'.;• •e''s e-. l'•C4 ••'''' •`'''..214%.',,'', 35 : i . • _. f.••111.t.1 '•. •.• l . .. .,. „.,, ! VeCli134 • .. . I...Jul.., I.../; :Mumma"-.r.,3 ''•::. ,.',",... "'4" " I'.,-I I. ?, •04 i a_ tar "I 4.-,...„.,...,,.. 34 /. ' • 3.309 sr. i I . N ' ,,, .e.-. -- ....., - . P tg, . ,.: :e •..,,,,..l ,. ,...,.., — • •"- " ,. - , •-• " v •:/:.: .., . • :—, . „—.., TRACT 100 . .:4 ISM Sr. .•-' .. I I . i • WETLAND AND DETENTION AREA ‘.. I 44... ..0.,, •-• 52 : i Z . : • . ,.1 -•"--I5 ', 2.140 sr. i... •....:-,-.4 ..•- I 1 '• „.. 7209 U. ';. 7 -- .....:. ,:. ' 1....' ir: .-• , \ ‘ xi : .7! 1 c, SCALE: 1" = 30 .' . -18 :., 32 I \ v6 ' #,,, V .1.•'•••;•:. '' •;••• ."••••• l''; ‘rCrl 0 IS 30 60 1 !. ,',/'' ... ••.• 'a.':',;!'''.. .,.•:‘... ‘...... 14' mar sr. , ' , 1 - . , 17 . .4, .4 . a / .. 3,440 Sr. 31 '1,1 • LEGEND , . . • '-.*.f. •-t!•-•," t•..,-.) ; '',. ('-`97 c ZT66 SI. , ......, • •••••• 1 ..1.1.'„ .. ••••••‘•.""-' ' ‘;I • SET 1/2'IRON RCO Wt./TU.0W • • ... / "%;•:'••• •I•.:*.; 'cr,.:,,••,, • V , .. '• PLASTIC CAP-DEI 3042r ' ' / `‘,..,„.f ...„ (PRIVATE ROAD) .!....' ,,.• • ' I •• • 30 `. ? I 4 ii 18 , , :• „. :• C i.J.4."I..) 2,495 sr. o room 1/2'IRON ROD WITLLOW . 3,165 Sr. • PLASTIC CAP"DE1 16909' . , ../..; 1.•• r•;.,:4/'... • L (SEE TESTA 6. i ,a. --, I, (Sa REM.7,Silt 1) I " ".„'T 1,\ .,La .0/S OPEN SPACE • • ' • ',•,,....N.'. •f:'',..•' :' ..5.••••••• '75 •• i ND ID .• 4 N.,....,.. '''•4;‘,29 4. 4, .„44 i),4 1447 Sr. ""'"' 1',..'• '•2:- ID • . . ,,,,,s r, ,. •, % ':•• . . i` ••••‘,. N E 5T11 ST. ' '. "Ns o . . b . ....:.:"..19'T'• ) I•••• i. ' '.S,:.• .....L.‘'.'' - • 4. ..4.,.. . •-,, ".' 1 . •;' I' ,7,......,-, 1 ......,;.'f':•'', - z • 0 ,—• . .. ,-.. 20 Z ' /•••s•-• . ! . 7,159 Sr. .: I..4 I ,1‘.,, ..2 •• 'r ,,:. i•':•••!....,..1„'1,17 . . , •........ (WE 4STR.IL;.; a7.I: 1# • .• ' .....,::•••09"•* ;i•40...;•;.. .• I'' ..L•• . 1 # 1 ' • • 21 • .,.. l•1.,1,1 3.715 Sr. orr;Ism g. •... i • , 22 ...., „, .... ;.:: .. '•...• ".9 4.... 4.,,i,,.. .1 4.123 S.F. ... . . . • I<,,. ..4 • o. .. ...... • 28 i . • ., . ,.... ",• IWIRGENCT VENCLE ACCESS (SR REM 6,947.1) ;• UN Sr. : . .• TRACT 108 ISCE CCDCA110•1. •.- •' A 23 24 25 28 '. ......- . 27 • 4 . (PRIVATE ROAD) (SEE MIR.5,9IT:I) 2.695 Sr. _: „.. „. ..• . 3.265 SJ. . • 3.002 sr. Z345 Sr. 7031 sr. • .; •-••• A.. ,... N 880715" W — • .'• .. .. • 606.01 ,./...././....,,,,,,,.././...... 1. . • • • ,l' s WeiZi%Pk ......-..1.;1•47:4;ix.:. •. . . . $i.i...'.01- •''''' . . ..,1: lirr.' ••••: • •,. •• in • . w i . . • ••••N, • ...t_ki• ,' ., . _ • - \ ..i.,;:ii...... :-,.-.•-•„:' !IIIll DODDS ENGINEERS, INC. • '-'• ITIPIRIS.10 za oa ii': IF i • ,-. 4205-14801/At.N.E..SUITE 200,8ETIXWE WA 98007,(.473)e05-7877 1 . =,•-,-.•-•,,,,,,,,,,,,,,,re --..,Z:-.. J C>El N Co. 9 5 1 2 7' • • . __. ....--- . . . • . . • February 23, 1998 Renton City Council Minutes - Page 67 The City will use Standard and Poor's and Fitch as its rating agencies. Depending upon the credit rating and the market, we may purchase bond insurance for the bonds. Bond insurance guarantees a low interest rate on the bonds. The market conditions, rating, and insurance costs will be evaluated to make the final determination. The total costs recommended in the ordinance assume that insurance will be purchased. The Committee recommended first reading of the ordinance this evening to permit the pricing and sale of the bonds. Next week, the Committee will again be briefed and make a recommendation on the final sale of the bonds. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. HR&RM: Healthcare Plan Finance Committee Chair Parker presented a report recommending Changes concurrence in the staff recommendation to amend the City's healthcare program effective January 1, 1998, as follows: 1. Remove the pre-existing condition clause; 2. Remove the pre-authorization penalty affecting surgeon's fees; 3. Amend language from "calendar years" to "months" for benefits affecting mammograms, dental x-rays and drug and alcohol services; 4. Amend the mental and nervous benefit to meet the mandates of the 1998 Mental Health Parity Act; and 5. Add a benefit for medically necessary neurodevelopmental therapy treatment to restore and improve function for children six and under. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending SAD: East Kennydale concurrence in the staff recommendation that the City Council grant Interceptor preliminary approval for the East Kennydale Interceptor Special Assessment District (SAD). The Committee further recommended that Council direct Staff to proceed with the establishment of the final SAD upon completion of the East Kennydale Interceptor project. MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3309 A resolution was read declaring property consisting of 1.2 acres located west EDNSP: Declaration of of Logan Ave. S., east of Morris Ave. S., and between South 2nd and 3rd DT-Area Surplus Property Streets to be surplus, and authorizing the Mayor and City Clerk to sign such (Sale to Daily Homes Inc) documents as necessary to transfer title thereto to Daily Homes, Inc. or its assigns. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3310 � A resolution was read approving the Blueberry Lane final plat; 57 attached Plat: Blueberry Lane, townhomes on 9.17 acres in the vicinity of NE 6th St. and Duvall Ave. NE Final, NE 6th/Duvall Ave, (File No. FP-97-169). MOVED BY EDWARDS, SECONDED BY FP-97-169 SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. w. February 23, 1998 Renton City Council Minutes Page 65 Plat Blueberry Lane, Development Services Division.recommended approval of the Blueberry Lane Final, NE 6th/Duvall Ave, final plat; 57 attached townhomes on 9.17 acres in the vicinity of NE 6th St. FP-97-169 and Duvall Ave. NE (File No. FP-97-169). Council concur. (See page 67 for resolution.) Plat: Kirkland Court Hearing Examiner recommended approval, with conditions, of the Kirkland Preliminary, 2000 Court preliminary plat, 19 single family lots on 3.96 acres at 2000 Kirkland P1. Kirkland P1 NE, PP-97- NE (File No. PP-97-157). Council concur. 157 CAG: 97-070, SW 16th St Transportation Systems Division sumitted CAG-97-070, SW 16th Street (Oakesdale to Raymond), (Oakesdale Ave SW to Raymond Ave. SW); and requested approval of the RW Scott Construction project, authorization for final pay estimate in the amount of $14,940.02; commencement of 60-day lien period, and release of retained amount of $38,635.78 to R.W. Scott Construction Co., Inc., contractor, if all required releases are obtained. Council concur. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Planning & Development Committee Vice Chair Schlitzer presented a report Planning & Development regarding the proposed zoning amendments to gas stations, vehicle service, Committee mini-marts and related uses. The Committee has discussed the proposed staff EDNSP: CD Zone Changes recommendations at meetings on February 12 and 19, 1998. The proposed re Gas Stations, Vehicle amendments would: Service etc. 1. Add or modify zoning definitions of a variety of terms, including body shops, car washes, gas stations, landscaped visual barrier, large and small vehicle, mini-marts, and vehicle service and repair. 2. Adjust land use allowances for gas stations, vehicle service, mini- marts and related uses in the commercial and industrial zones. 3. Clarify/refine some existing landscape/screening requirements in the commercial and industrial zones, for screening next to abutting residential zones, screening of outdoor storage, etc. The Committee recommended that a public hearing be scheduled for March 16, 1998, and that an ordinance be prepared consistent with the staff proposal. This item should remain with the Committee pending the outcome of the public hearing. MOVED BY SCHLITZER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation Committee Transportation (Aviation) Committee Chair Schlitzer presented a•report Transportation: SW 27th regarding the installation of a traffic signal at SW 27th St. and Lind Ave. SW. St/Lind Ave SW Traffic Based on increased traffic and vehicle delays at Lind Ave. SW and SW 27th Signal Installation St., coupled with the 1998 construction of Oakesdale Ave. SW from SW 16th to 27th Streets, the Committee recommended that Council authorize the Administration to design and construct a traffic signal. The design of the traffic signal at Lind Ave. SW and SW 27th St. will be done by City staff with construction funded through Transportation Mitigation fees. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Airport: Boeing Co Lease Transportation (Aviation) Committee Chair Schlitzer presented a report of Apron C (Termination recommending that Council approve Addendum #98-18 to the Boeing of Other Lessees), LAG- Commercial Airplane Company lease (LAG-65-877), and that the Mayor and 65-877 City Clerk be authorized to execute the addendum. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. illl II CITY OF RENTON COUNCIL AGENDA BILL Al #: q• Q.. Submitting Data: Planning/Building/Public Works For Agenda of Dept./Div./Board Development Services Division February 23, 1998 Staff Contact.... Kayren Kittrick x4499 Agenda Status Consent X Subject: Blueberry Lane Final'Plat, Public Hearing... • File No.: LUA-97-169, FP Correspondence.. 57 attached townhomes on a 9.17 acre parcel in the Ordinance vicinity of NE 6th Street and Duvall Avenue NE Resolution X Old Business Exhibits: New Business 1 . Resolution and legal description Study Sessions.... • 2. Staff report and recommendation dated 2/1 1/98 Information II Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X . resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated I - Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 9.17 acres in 57 lots for attached townhomes in a design concept approved by the Council through the Demonstration Ordinance. Design and construction of utilities, lighting, curb and pavement have been approved, accepted or guaranteed as appropriate through the Board of Public Works. All conditions placed on the preliminary plat by the Hearing Examiner and the Council have been met. STAFF RECOMMENDATION: Approve the Blueberry Lane Final Plat (LUA-97-169, FP) and adopt the resolution. II AGNBILL.DOT/Beth A. Haglund DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Blueberry Place Communities,LP LOCATION: _.Duvall Avenue_NE at NE 6th Street. SUMMARY OF REQUEST: Blueberry Lane Final Plat formerly known as Orchards, Sector G 57 attached townhomes with all utility improvements,lighting, signing and paving SUMMARY OF ACTION: Approve Final Plat and Resolution FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant,Blueberry Place.Communities LP , filed a request for approval of a 57-lot Final Plat. 2. The yellow file containing all staff reports,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Determination of Non-Significance, Mitigated (DNSM)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 east of Duvall Avenue NE, South of NE 6th Street. 6. The subject site is located within the City of Renton. Annexed Ord.3553 6/8/81 7. The site is zoned R-24,with a demonstration ordinance approval. 8. The Final Plat includes the 57 lots originally intended as part of the plat. 9. The Final Plat complies with the Demonstration Ordinance,Zoning Code and the Comprehensive Plan. 10. The preliminary plat was subject to a number of conditions as a result of both environmental review and plat review. I - The applicant has complied with the ERC conditions related to the Blueberry Lane Plat, formerly known as Orchards, Sector G. 1. - - The applicant shall pay the applicable Traffic Mitigation Fee for the proposed project. The fee is assessed based on $75 per each new average daily trip attributable to the project, and is based on .. the Institute of Transportation Engineers Traffic Generation manual. The Traffic Mitigation Fee is payable prior to the recording of the plat. -"" 2. The•applicant shall pay the appropriate Fire Mitigation Fee for the project. -The fee is-based on .. $488 per each new single family dwelling unit, and is estimated to be $58,560.00. The Fire Mitigation Fee is payable prior to the recording of the plat. 3. _The applicant shall"be required to pay the applicable Parks Mitigation Fee for the proposal. The. fee is estimated to be$530.76 per single family unit. In addition,credit may be given to reduce the fee if the applicant provides the required bicycle paths along Duvall Avenue NE as mandated by the previous environmental determination. The Parks Mitigation Fee is due prior to the recording of the plat. 4. In order to mitigate the potential impact of vehicles impeding access for emergency vehicles in Sector G, the applicant will be required to provide 20 on-street guest parking spaces as shown on the proposed site plan for Sectors E, F and G (by Dodds Engineers, Inc. dated March, 1996 with revisions noted as Revision No. 1 dated June 19, 1996) and adequately post and mark the 20-foot travel lane as a fire lane. Posting and marking of the fire lane will be subject to the approval of the City of Renton Fire Department(Fire Marshall). 5. In order to provide adequate secondary emergency access to Sector G, the applicant will need to provide a minimum 20-foot wide secondary emergency access as shown on the Site Plan. The applicant shall clearly post and mark the emergency access as a fire lane per the Renton Fire Code and is subject to the approval of the Fire Marshall. The use of reinforced grass paving will be permitted subject to the review and approval of the Fire Marshall, and provided that the driveable surface is adequately delineated such that emergency vehicles would be able to discern the location of the emergency access. Bollards within the roadway will not be allowed, however bollards at the edge of the fire lane with a chain across is acceptable, subject to the approval of the Renton Fire Department(Fire Marshall). 6. ' The applicant shall include in the Codes, Covenants and Restrictions (CC&R's) for Sector G, a provision authorizing the City of Renton to enforce the parking section of the CC&R's,but at the expense (including attorney's fees) of the applicant. The City would be permitted to utilize this authorization only upon a written finding by the Police Chief or Fire Chief or their designee(s)that a public safety problem is presented by lack of or inability of the owner to enforce the parking section of the CC&R's. 7. In order to mitigate for potential environmental impacts that would occur as a result of the proposal, the proposal for Sectors E, F and G are subject to the mitigation measures previously adopted and known as "The Orchards Mixed-Use Development Mitigation Document". The Mitigation Measures specifically applying to the proposal include: Al, A2, A3, A4, A5, A6, A7a- e,A19,A20,A21,A22,A23,A24,A26 a-c,A27 1 -6,B1,B2,B3 1 -6,B4,B5,B6,B7,B8,B9, B10,B12,B13,B14,B15,and B16. 11. There were 13 main conditions imposed on the approval of the Preliminary Plat as follows: 1. Applicant shall comply with all mitigation measures required by the ERC. Applicant is in compliance. 2. Applicant shall record the proposed reciprocal side yard use easements with the plat. Does not apply to Sector G(Blueberry Lane). 3. Applicant shall install a fence,wall, or other suitable means of defining the side yard use area for Lots 39 through 63 in Sector E-F. Does not apply to Sector G(Blueberry Lane). - - 4. Applicant shall install a perimeter fence along the south property line and along the rear yards of proposed Lots 28 through 48, and on the north side of proposed Lot 1 in order to provide a clear separation and buffering between Sector G and adjacent land uses. This condition could be modified if there are suitable fences installed on the common property line by adjacent property owners for any development that.could-occur prior to the development ofSector G. .. ..._ This condition does not require a privacy fence adjacent to the wetland along the south side of Sector G. Applicant is in compliance through a deferral with security granted by the Board of - Public Works for completion by March 31, 1998. 5. Applicant shall submit a lighting plan. Applicant is in compliance. 6. A homeowner's association shall be established for the maintenance of common plat improvements. • Applicant is in compliance. Paperwork submitted for approval as to form. 7. Because the project is a demonstration project, and because the private road will be developed ; to less than City standards,the Planning and Development Committee recommended that the road be a private road and that the City not retain the right to require dedication of that road. Applicant is in compliance. 8. - The Examiner's recommendation was installation of sidewalks on both sides of the street,. because this is a demonstration project, and because of the low traffic counts projected within Sectors E/F, the Planning and Development Committee recommended the plat developer be authorized to provide the City with cash or a letter of credit, or other financing device satisfactory to the Finance and Information Services Administrator and the City Attorney equal to one and one-half times the cost to install the sidewalks on the outer side of the inner streets within Sectors E/F Does not apply to Sector G (Blueberry Lane). Sidewalks are installed -along the approved single side. 9. The Hearing Examiner recommended vertical curbs. This was appealed to Council and rolled curbs were permitted. Staff is directed to review the rolled curbs at the same time as review of the sidewalks and provide a report to Council about appropriate Code changes, if appropriate. The Applicant is in compliance. Rolled curbs were installed. 10. The Hearing Examiner required landscape neckdowns in Sectors E/F be within a reserve, since those landscape neckdowns are already within public right-of-way this condition was declared unnecessary under appeal. Does not apply to Sector G(Blueberry Lane). 11. The open space reserves were recommended to be included within the common areas and appropriately landscaped to be part of the entries into the Sector so that the homeowner's association would have the maintenance responsibility for these area, and so these areas would function as an integrated part of the entry streets and entry landscaping. Applicant is in compliance. 12. The applicant shall provide covenants that assure that the one-half acre park shall remain open to childhood play and permit the homeowner's association to install play and tot lot equipment if they so choose. • - Does not apply to Sector G(Blueberry Lane). 13. The use of grass-crete paving shall be continued as long as the Fire Department finds it acceptable. - Applicant is in compliance. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process. Any remaining improvements seem certain and are appropriately secured through the Board of Public Works. RECOMMENDATION: The City Council should approve the Final Plat. SUBMITTED THIS 11th day of February, 1998 mi N K. KITTRICK DE OPMENT SERVICES DIVISION • • DODDS ENGINEERS, INC. BELLEVUE, WA 98007 DEI Project No: 95127 9/29/97 Legal Description The south half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417491 and 64174921. The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417489. • • 95127L#1.doc,09/29/97,page 1 SHEET 4 OF 4 LUA-97-300C-FP LND-XX-)0001 BLUEBERRY T ,ANE .. 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Kayren Kittrick x4499 Agenda Status Consent X Subject: Blueberry Lane Final Plat, Public Hearing... File No.: LUA-97-169, FP Correspondence.. 57 attached townhomes on a 9.17 acre parcel in the Ordinance vicinity of NE 6th Street and Duvall Avenue NE Resolution X Old Business Exhibits: New Business 1 . Resolution and legal description Study Sessions.... 2. Staff report and recommendation dated 2/1 1/98 Information Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 9.17 acres in 57 lots for attached townhomes in a design concept approved by the Council through the Demonstration Ordinance. Design and construction of utilities, lighting, curb and pavement have been approved, accepted or guaranteed as appropriate through the Board of Public Works. All conditions placed on the preliminary plat by the Hearing Examiner and the Council have been met. STAFF RECOMMENDATION: Approve the Blueberry Lane Final Plat (LUA-97-169, FP) and adopt the resolution. CONCURRENCE DATE jil©Ios AGNBILL.DOT/Beth A. Haglund NAME INITIAL/DATE 'R. IJIfl.s /u ) z40j 3. L) � Zyo-fd 4 zokuezikkw 6,2 Z///M1 i CITY OF RENTON COUNCIL AGENDA BILL Al #: Submitting Data: Planning/Building/Public Works For Agenda of: Dept./Div./Board Development Services Division February 23, 1998 Staff Contact.... Kayren Kittrick x4499 Agenda Status Consent X Subject: Blueberry Lane Final Plat, Public Hearing... File No.: LUA-97-169, FP Correspondence.. 57 attached townhomes on a 9.17 acre parcel in the Ordinance vicinity of NE 6th Street and Duvall Avenue NE Resolution X Old Business " Exhibits: New Business 1 . Resolution and legal description Study Sessions.... 2. Staff report and recommendation dated 2/1 1/98 Information Recommended Action: Approvals: Council concur with staff recommendation and adopt the Legal Dept X resolution. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 9.17 acres in 57 lots for attached townhomes in a design concept approved by the Council through the Demonstration Ordinance. Design and construction of utilities, lighting, curb and pavement have been approved, accepted or guaranteed as appropriate through the Board of Public Works. All conditions placed on the preliminary plat by the Hearing Examiner and the Council,have been met. STAFF RECOMMENDATION: Approve the Blueberry Lane Final Plat (LUA-97-169, FP) and adopt the resolution. AGNBILL.DOT/Beth A. Haglund I L DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Blueberry Place Communities,LP LOCATION: Duvall Avenue NE at NE 6th Street SUMMARY OF REQUEST: Blueberry Lane Final Plat formerly known as Orchards, Sector G 57 attached townhomes with all utility improvements,lighting, signing and paving SUMMARY OF ACTION: Approve Final Plat and Resolution FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Blueberry Place Communities LP ,filed a request for approval of a 57-lot Final Plat. 2. The yellow file containing all staff reports,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Determination of Non-Significance, Mitigated (DNSM)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 east of Duvall Avenue NE, South of NE 6th Street. 6. The subject site is located within the City of Renton.Annexed Ord.3553 6/8/81 7. The site is zoned R-24,with a demonstration ordinance approval. 8. The Final Plat includes the 57 lots originally intended as part of the plat. 9. The Final Plat complies with the Demonstration Ordinance,Zoning Code and the Comprehensive Plan. 10. The preliminary plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the ERC conditions related to the Blueberry Lane Plat, formerly known as Orchards, Sector G. 1. The applicant shall pay the applicable Traffic Mitigation Fee for the proposed project. The fee is assessed based on$75 per each new average daily trip attributable to the project, and is based on the Institute of Transportation Engineers Traffic Generation manual. The Traffic Mitigation Fee is payable prior to the recording of the plat. 2. The applicant shall pay the appropriate Fire Mitigation Fee for the project. The fee is based on $488 per each new single family dwelling unit, and is estimated to be $58,560.00. The Fire Mitigation Fee is payable prior to the recording of the plat. 3. The applicant shall be required to pay the applicable Parks Mitigation Fee for the proposal. The fee is estimated to be$530.76 per single family unit. In addition, credit may be given to reduce the fee if the applicant provides the required bicycle paths along Duvall Avenue NE as mandated by the previous environmental determination. The Parks Mitigation Fee is due prior to the recording of the plat. 4. In order to mitigate the potential impact of vehicles impeding access for emergency vehicles in Sector G, the applicant will be required to provide 20 on-street guest parking spaces as shown on the proposed site plan for Sectors E, F and G (by Dodds Engineers, Inc. dated March, 1996 with revisions noted as Revision No. 1 dated June 19, 1996) and adequately post and mark the 20-foot travel lane as a fire lane. Posting and marking of the fire lane will be subject to the approval of the City of Renton Fire Department(Fire Marshall). 5. In order to provide adequate secondary emergency access to Sector G, the applicant will need to provide a minimum 20-foot wide secondary emergency access as shown on the Site Plan. The applicant shall clearly post and mark the emergency access as a fire lane per the Renton Fire Code and is subject to the approval of the Fire Marshall. The use of reinforced grass paving will be permitted subject to the review and approval of the Fire Marshall, and provided that the driveable surface is adequately delineated such that emergency vehicles would be able to discern the location of the emergency access. Bollards within the roadway will not be allowed,however bollards at the edge of the fire lane with a chain across is acceptable, subject to the approval of the Renton Fire Department(Fire Marshall). 6. The applicant shall include in the Codes, Covenants and Restrictions (CC&R's) for Sector G, a provision authorizing the City of Renton to enforce the parking section of the CC&R's, but at the expense (including attorney's fees) of the applicant. The City would be permitted to utilize this authorization only upon a written finding by the Police Chief or Fire Chief or their designee(s)that a public safety problem is presented by lack of or inability of the owner to enforce the parking section of the CC&R's. 7. In order to mitigate for potential environmental impacts that would occur as a result of the proposal, the proposal for Sectors E, F and G are subject to the mitigation measures previously adopted and known as "The Orchards Mixed-Use Development Mitigation Document". The Mitigation Measures specifically applying to the proposal include: Al, A2, A3, A4, A5, A6, A7a- e,A19,A20,A21,A22,A23,A24,A26 a-c,A27 1 -6,B1,B2,B3 1 -6,B4,B5,B6,B7,B8,B9, B10,B12,B13,B14,B15,and B16. 11. There were 13 main conditions imposed on the approval of the Preliminary Plat as follows: 1. Applicant shall comply with all mitigation measures required by the ERC. Applicant is in compliance. 2. Applicant shall record the proposed reciprocal side yard use easements with the plat. Does not apply to Sector G(Blueberry Lane). 3. Applicant shall install a fence,wall, or other suitable means of defining the side yard use area for Lots 39 through 63 in Sector E-F. Does not apply to Sector G (Blueberry Lane). 4. Applicant shall install a perimeter fence along the south property line and along the rear yards of proposed Lots 28 through 48, and on the north side of proposed Lot 1 in order to provide a clear separation and buffering between Sector G and adjacent land uses. This condition could be modified if there are suitable fences installed on the common property line by adjacent property owners for any development that could occur prior to the development of Sector G. This condition does not require a privacy fence adjacent to the wetland along the south side of Sector G. Applicant is in compliance through a deferral with security granted by the Board of Public Works for completion by March 31, 1998. 5. Applicant shall submit a lighting plan. Applicant is in compliance. 6. A homeowner's association shall be established for the maintenance of common plat improvements. Applicant is in compliance. Paperwork submitted for approval as to form. 7. Because the project is a demonstration project, and because the private road will be developed to less than City standards, the Planning and Development Committee recommended that the road be a private road and that the City not retain the right to require dedication of that road. Applicant is in compliance. 8. The Examiner's recommendation was installation of sidewalks on both sides of the street, because this is a demonstration project, and because of the low traffic counts projected within Sectors E/F, the Planning and Development Committee recommended the plat developer be authorized to provide the City with cash or a letter of credit, or other financing device satisfactory to the Finance and Information Services Administrator and the City Attorney equal to one and one-half times the cost to install the sidewalks on the outer side of the inner streets within Sectors E/F Does not apply to Sector G (Blueberry Lane). Sidewalks are installed along the approved single side. 9. The Hearing Examiner recommended vertical curbs. This was appealed to Council and rolled curbs were permitted. Staff is directed to review the rolled curbs at the same time as review of the sidewalks and provide a report to Council about appropriate Code changes, if appropriate. The Applicant is in compliance. Rolled curbs were installed. 10. The Hearing Examiner required landscape neckdowns in Sectors E/F be within a reserve, since those landscape neckdowns are already within public right-of-way this condition was declared unnecessary under appeal. Does not apply to Sector G(Blueberry Lane). 11. The open space reserves were recommended to be included within the common areas and appropriately landscaped to be part of the entries into the Sector so that the homeowner's association would have the maintenance responsibility for these area, and so these areas would function as an integrated part of the entry streets and entry landscaping. Applicant is in compliance. 12. The applicant shall provide covenants that assure that the one-half acre park shall remain open to childhood play and permit the homeowner's association to install play and tot lot equipment if they so choose. Does not apply to Sector G(Blueberry Lane). 13. The use of grass-crete paving shall be continued as long as the Fire Department finds it acceptable. Applicant is in compliance. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process. Any remaining improvements seem certain and are appropriately secured through the Board of Public Works. RECOMMENDATION: The City Council should approve the Final Plat. SUBMITTED THIS 11th day of February, 1998 N K. KITTRICK DE OPMENT SERVICES DIVISION CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (BLUEBERRY LANE/BLUEBERRY PLACE COMMUNITIES, L.P. ; FILE NO. 97-169) . WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school ; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : 1 A RESOLUTION NO. • SECTION I . The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit : See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 9 . 17 acres, is located in the vicinity of Duvall Avenue N.E . and N.E . 6th Street) be .and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated February 11, 1998 . PASSED BY THE CITY COUNCIL this day of , 1998 . Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of , 1998 . Jesse Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES . 635 : 2/09/98 :as . 2 • DODDS ENGINEERS, INC. BELLEVUE, WA 98007 DEI Project No: 95127 9/29/97 Legal Description The south half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417491 and 64174921. The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417489. • 951271#1.doc,09/29/97,page 1 • BLUEBERRY LANE LUA-97-)00CLND- ( SHEET 3 OF 4 A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON " N.E. . - • N 88'11'32" W • 607.62 - ------------- _N BA'I t'32'W 701 - J9150 "- -- __ 60J S9 h N.E. 6TH ST. 3� - - ---------_ �R.l :'-'.,.. a'\ (PUBLIC ROAD) L y 185 69 Ca7k ao -B0j\>��' S81 JS 5 DqS;.'• 590E 46/a )J;50 5270 \�1753 16',0•m • + 6 �7• P.M On -J-Od-- `--2),IJ-_,-2717-_1-J_I_ --- iTR. 1016 I _ -_ - 69 fig _ r 1 a,46 o L=1855 1 _ __ .1)1 D/5 . e.,R•J.on TR. _-_- - 1- - - - - -- - ------_----_ A\ + 1 1,640'✓ A)n'a'u 10 48 HSHI - _ _ ___. ],6fU U. SF. A-).Al J 0. 1 1 i INAI,[ •' -24'OOi0 1 0 2.686 Sf. ' CAI 1=1005 1,IQ) J NM'}11'fXFf ,.r w IrFAINhI�C EASEMENT N 89,0'00-W 9150 , -_'no 0 19'z1 19' (SLE 1 " 6279 2, 47 0 46 TO COY 44 ,v0 50 ^ " 191T.1 V 2264 SF.^ 2266 8f.0 01 RCN10N o 1,07E Si. S' kon 10, 3E �`M y i `I.1 �' ' .+ r. s - 2 4Y_ �2aTION. Iffi y� o • .; ' z z 45 I a o ..."'role P r ' s ®v,I ,"'.7.,.,, `� 2.936 SF. - s gg`1,g `L.' 3.341 SE. A. ? 5 43 Ala 9 ' ,�..8 •4% S81D SE. 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SEE 1 1 G:1f7 1 266E U. 1 l _J I L=697 A'3)'S6'1.' N 86'4075( I` '-'1 T 1 1 La 82'S000 C L=7S 82 A9%h �J pOD"C TRACT 100 I /937 \v;;, ds's. r \N id'd'B'de,o/5- TO. 103� ) c]55 I 1 II N%°.y75 I �1 WETLAND AND DETENTION AREA 1 8 \'y r. ^,�`S�. L=1689 97%Si. I 29745F. 1 IT _ 37 1 I 1 (SEE DEDICATION,SHY.1) n, - '1',...' 1 7 I 2.236 SF. '(°'. '9'4 00 r m ,y 1 8, v 1 3.425 81 I Q1 / '11:a o / •�W¢ y>,lr 1 IS j 1 In'SIfWN nRAINei,E ) �' 152,397 S.F.(3.1985 AC.) I N 87'.3000'C ` " ' .'6.\� ^' ,.r ,''n•1� S.a,4,r } 1 1ASIufNT 10 MC r c d000 1p1�eif:L �� <. _IEO / ^:,ti S3 V% 1.s>i. A=OT50'01' L'1163.1. I N- _ 1=051 8=10557 Elir fY Ff NI(YI I o v° 1R, N XT,,00 C / I S'J I I b9 u.o H l�(r',.\F-^ ~0.1Tefi S1 IOC �n I I ,',,C Win_tv I 1.___ 7T..,X,� 1-7J el TR IO{;_,�I1 �,.I I I I 1 g ` :1'!� <__ PWIl J:� 0109. On 787 SF'n%'."0'L.ilI .1 97 36 lI 11 3,49E S.F. DF( V . Y - 'J5'O f 1';IOPN- 11K,`'.[: 3,31E SF. I, 1 i \ 094 A[ N 1 o IfirN 1L ci •• IA•I M( ^/�, _ T 14, t., �w^1I�p.1/q _ ,1 ,A\iu Elir i�" toIY I (60 \\ 10 - •@`t-�, "i .p P[Nlfn 4.�rY :�.••1'? �kr �,y7.1V IIi .. ,J.2.���.�».24.» = 3,106 U. I, 1 ',1'�F!! \ /„ o II 111 S.VANO... : / li •Op'T '` V,:i :- \d .35, . 4 `y'4LLAT0 SEE SHEET 4 OF 4 FOR CONTINUATION' -- 205- ENGINEERS, INC. 11: -FfFF _- 1205-140TN AYE.N.E,SUIIE 200,BEIIEWE WA 98007,(425)885-7877 JOB N0. 95127 - - - - BLUEBERRY LANE . LUA-97—)00C—FP LND-XX-XXXX SHEET 4 OF 4 • A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON SEE SHEET 3 OF 4 FOR CONTINUATION . . 1 • • \ . \PI \ \ I 1 I k . I 1 s I I 1‘ • I 8 55 \ \ \<r,7111111rillill' --. -7 1 I ,13\---1---------------- -I 1 .; I 1-. j ‘5. . \ IC S1ORM DRAINAGE--..., ,....._ ‘• 1 EASEMENT TO City ' , . • I \ 9174. o •Z or REN TON / I ••::: . • I \ if,, --;„---.....,.. . 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(gE9I'''s.79' •• i', 2 mmoil Ii. 17 ...7-'. .''' / •ti, .',..5' ,',. ..'\,.c.,.,;,e''' .7T.'°"-1 I •• RE:6. '.';..,!,',,‘": .„. \ ‘b '.•'• ,...,. ,..,...,...S.- . . 31 1.S lj • 9 1 . . 'S.?, ,.05,.:•,,-.C. •• • LEGEND Z768 SS. 2 \ • s74';',.., ' ,,,..9 Ts 7, A':4,44 ,.,.7,,,,0•00-, • sET 1/2"!Ron ROD W/YELLOw • il .7.,,,,,,,..,, „„„,, .9.I.,,•'.. . (PRIVATE ROAD) 1 . PLASTIC CAP"DO 30427" . 's, .1"7'4., •ES,' /' . 18 ''''''''''I•• o FOUND 1/2'IRON ROD w/YELLOw • ?,, / N .SE11 ,4.,,,.,-c i„.. .-\-.,1•--,'---,,,,,,.a,„E644-Ui-,r-s-,,-C2E:6f"...,-A/:,;F,•. \I'.., ,,L,E eV39 8:11 3 0PLASTIC CA "DE1 18909" / (04 99 .6' _ (SE RSTR.7917.1) . .i \ L, 0/S OPEN SPACE • . . / 69',,. 41?./-'.' ,..,,,,,'•00.,,,, /..,',•?- ..,...-----7, ,, `-‘,:. , ‘ 0 / ig ./ , • ‹,-"-E, ''• 7/:\\'-',• 'IV, ,; Z4,.'"U6a,,,,,:.'‘,.'.•,, ,,'.;4,:'7,',-; 4„„ ST..,,•.,.:4/;15/1.::' -elj''''''''''79' ' ' R i'C , , , , ''';'-/ .1 . . . . . _ , P . o • / 'A r,.' It /''•••• 1/ •• '''''''`.*.:'3 .5Zie'4.61;YOTN ','''„,,.. g'7,.. 9'n-i ;..... ?? 1,-ii-?-/--' • • . . ..,,, . . Y ,. 4 ,.././ ....,:;.‹. \€;;;,,,,:, • o 20 4. '::: 0 oy:—_,,A., ,s.,,-,,, , i --,3 20 , Z . , 2. 2.152 St A.,. 4.,/ ,..;:...,,- .._ .„,-, Id 711 ,1,185,vi..„.....c,, N, ' 187 o"-.7.7.rX-,.-'''1.,1,- --d>1186 • / ''';' / ''....0i,, V7)"./%I:I Pv.,.,:k \i, ...,,,,, ''.. - 'e?,4 °0 ;:".74-- --1.-- 53 -1117.7_ . • -- / 4''' . 4. 1 7; 42t,'::: , ' i'I:;PEW '''''' , ;j - 2;,0. • ° I f 1:/ ' ; r.4 ---4'....9Q_'''.. J Io'xeriRton-i—' '. •:., ',T; il,11.11,41 5. 21 • 'W ''. ''' I , ,,,. '' ''' ' . , ,f I.• tai Illi,FIv I A•I MINI ' 3,275 S.F. (SEE RESTS 6, /., / • ' .';-" 1 S8/ 9 PA Sit I) I., 'i I , 1.,.lir cro RiNi.•N / 4,-.. 4.923 SE ," E, ,... Ie). 1 • - ' - -•--- *,'; .'":i4 Z.: •-•I'I' •g•'? 28 / (DOE ROSIER .•.,:`; ';- '..f.: :-.-',' ;" .7.• . ;:...t.... 5,016 SE EVER0NC7ISHIDE ACCESS (SEE RESIN.8,SIT. ) , __ r.,- ,',' ' • 23 24 25 2 26 ' ' TRACT 106 (SEE DEDICATOR •I""'•."'..• A 27 .. N.'•' ROAD) ( I) ,ti Z698 S.F. 3265 sj. (pRivAIEu pout ...., - SE 2.345 SE 2.0.31 S.F. . ..'i';',I - - • . _ . ... .., N 8807'15 W ,,,, 2/1/ • " ...2. ..: ...-:.:......,: -..i;•-i: 0;. 4..7 : : 606.01 • . . :\: „.:!............ . :,.• ,,....i"4-ii.,... '':•. . "f.. , \.e.NI..........L.,....... DODDS ENGINEERS, INC. :.,--, ..., 4205-1487H AVE.H.E.,SUITE 200,BELLEVUE WA 98007,(425)885-7877 , Mins so 28 98 ,. ....'3,..:-;- ••'' s.. 1'.I • =8,..-e-,-,-,,,,,,,,,,,,,,-; -.;---- JOB NO. sa s-.1 2 7 . . 4 :. CITY DF RENTON ' ` Office of the City Attorney iese Tanner,Mayor Lawrence J.Warren ` MEMORANDUM CIS OF REIV�6N FEB 1 3 1998 ' :, To: - .Kayren,K. Kittrick - ', BUILDING DIVISION • From . '. Lawrence 7. Warren; City Attorney Date:., February 11, 1998 - . - Subject: Blueberry Lane Final Plat(LUA-97-169) . : - : ' • Article 14 would allow the homeowners to do away with their obligation to maintain common - areas. That section should be amended to,require City:approval for a change to the obligation to maintain"common areas. - . - I could not,find a section,specifically dealing with the City's right"to.enforce parking restrictions on. ' these private,streets and 'recovering the City's costs (including'attorney's fees) for doing'.so. See ' item 6 on page 2 of your draft staff report and,recommendations: • This•requirement has not been• met. A copy'of the resolution approving the plat is attached; the origmal of which has been sent to the City Clerk. It should be held until the concerns expressed in this memo have been resolved " , - Lawrence J. Warren . LJW:as: Encl. , cc: .:Jay Covington - . ' • 'Marilyn J. Petersen;City Clerk : A8:137.52. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 : ` ' asThis nanar rnntains 50.1.ranvnlari matarial 9!101,'nnet rnns,Imo, - DODDS ENGINEERS, INC. BELLEVUE, WA 98007 DEI Project No: 95127 9/29/97 Legal Description The south half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range.5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417491 and 64174921. The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417489. • 95127IJ1.doc,09/29/97,page 1 BLUEBERRY LANE LA-LND97(- ( SHEET 3OF 4 A PORTION OF THE SW 1/4 OF SEC. 10, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON. KING COUNTY. 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It - 4205-148111 AYE.N.E.,SUITE 200,BELLEVUE WA 98007,(425)885-7877 r.r: ; ::,:: JOB NO. 95-I27' . . • SHEET 4 OF 4 BLUEBERRY LANE LUA-97—XKX—FP LND—EC—)000C - A PORTION OF THE SW 1/4 OF SEC. 10. TWP. 23 N.. ROE. 5 E.. W.M. CITY OF RENTON, KING COUNTY, WASHINGTON SEE SHEET 3 OF 4 FOR CONTINUATION . .. • \ .• • . I . I I I >3 55 \ I 1 I.. i ‘5. r I TO'STORM DRAINAGE---...1 ,....___ .• I • \ I EASEMENT TO Car :-•:-. I •••, _ 4,---,,z,6&.,6 , *,,,... I , s... k rz,,5•0,-.;:-._ 'C.:, I ,...",.;,, • I I I I 9 '.`,..;,7_ '8.1, Pii•;"C7', '''------....„ I I I ..': 30 /I./ '..k(-' • . 8'-ii.--- fn,,,,,,, fi ''''\ - • ,._.../ y._.,..C.,/4;•• - , Z-., •-•,,s., :L.:. ,,,,•,,,, •••,. ;$ ‘, ‘,. ,., s. 1.. • .I .,,,,,1 i ..... '''' .........I • ' 2149 SE_i_., `,S^ 4... ..a,, •- ,,;...,*. o -F.,,,,te, \vo ..., 4,,..;,,:.;,8.,,- ,,,, , 2915 SF. , 1 r=i 1 ,,,,,ii-.-__ , 2146 SF.r,,';' Z968 SI.ta* `''4, • 'c., -..i,'el c.\,,, 41' S.V.s.. j''' , ,fl.',,,. 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DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Blueberry Place Communities,LP LOCATION: Duvall Avenue NE at NE 6th Street SUMMARY OF REQUEST: Blueberry Lane Final Plat formerly known as Orchards,Sector G 57 attached townhomes with all utility improvements,lighting, signing and paving SUMMARY OF ACTION: Approve Final Plat and Resolution FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Blueberry Place Communities LP ,filed a request for approval of a 57-lot Final Plat. 2. The yellow file containing all staff reports,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit No.1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Determination of Non-Significance, Mitigated (DNSM)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 east of Duvall Avenue NE, South of NE 6th Street. 6. The subject site is located within the City of Renton.Annexed Ord.3553 6/8/81 7. The site is zoned R-24,with a demonstration ordinance approval. 8. The Final Plat includes the 57 lots originally intended as part of the plat. 9. The Final Plat complies with the Demonstration Ordinance,Zoning Code and the Comprehensive Plan. 10. The preliminary plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the ERC conditions related to the Blueberry Lane Plat, formerly known as Orchards,Sector G. 1. The applicant shall pay the applicable Traffic Mitigation Fee for the proposed project. The fee is assessed based on $75 per each new average daily trip attributable to the project, and is based on the Institute of Transportation Engineers Traffic Generation manual. The Traffic Mitigation Fee is payable prior to the recording of the plat. 2. The applicant shall pay the appropriate Fire Mitigation Fee for the project. The fee is based on $488 per each new single family dwelling unit, and is estimated to be $58,560.00. The Fire Mitigation Fee is payable prior to the recording of the plat. 3. The applicant shall be required to pay the applicable Parks Mitigation Fee for the proposal. The fee is estimated to be$530.76 per single family unit. In addition,credit may be given to reduce the fee if the applicant provides the required bicycle paths along Duvall Avenue NE as mandated by the previous environmental determination. The Parks Mitigation Fee is due prior to the recording of the plat. 4. In order to mitigate the potential impact of vehicles impeding access for emergency vehicles in Sector G, the applicant will be required to provide 20 on-street guest parking spaces as shown on the proposed site plan for Sectors E, F and G (by Dodds Engineers, Inc. dated March, 1996 with revisions noted as Revision No. 1 dated June 19, 1996) and adequately post and mark the 20-foot travel lane as a fire lane. Posting and marking of the fire lane will be subject to the approval of the City of Renton Fire Department(Fire Marshall). 5. In order to provide adequate secondary emergency access to Sector G, the applicant will need to provide a minimum 20-foot wide secondary emergency access as shown on the Site Plan. The applicant shall clearly post and mark the emergency access as a fire lane per the Renton Fire Code and is subject to the approval of the Fire Marshall. The use of reinforced grass paving will be permitted subject to the review and approval of the Fire Marshall, and provided that the driveable surface is adequately delineated such that emergency vehicles would be able to discern the location of the emergency access. Bollards within the roadway will not be allowed, however bollards at the edge of the fire lane with a chain across is acceptable, subject to the approval of the Renton Fire Department(Fire Marshall). 6. The applicant shall include in the Codes, Covenants and Restrictions (CC&R's) for Sector G, a provision authorizing the City of Renton to enforce the parking section of the CC&R's,but at the expense (including attomey's fees) of the applicant. The City would be permitted to utilize this authorization only upon a written finding by the Police Chief or Fire Chief or their designee(s)that a public safety problem is presented by lack of or inability of the owner to enforce the parking section of the CC&R's. 7. In order to mitigate for potential environmental impacts that would occur as a result of the proposal, the proposal for Sectors E, F and G are subject to the mitigation measures previously adopted and known as "The Orchards Mixed-Use Development Mitigation Document". The Mitigation Measures specifically applying to the proposal include: Al, A2, A3, A4, A5,A6, A7a- e,A19,A20, A21,A22,A23,A24, A26 a-c,A27 1 -6,B1,B2,B3 1 -6,B4,B5,B6,B7,B8,B9, B10,B12,B13,B14,B15,and B16. 11. There were 13 main conditions imposed on the approval of the Preliminary Plat as follows: 1. Applicant shall comply with all mitigation measures required by the ERC. Applicant is in compliance. 2. Applicant shall record the proposed reciprocal side yard use easements with the plat. Does not apply to Sector G (Blueberry Lane). 3. Applicant shall install a fence, wall, or other suitable means of defining the side yard use area for Lots 39 through 63 in Sector E-F. Does not apply to Sector G(Blueberry Lane). 4. Applicant shall install a perimeter fence along the south property line and along the rear yards of proposed Lots 28 through 48, and on the north side of proposed Lot 1 in order to provide a clear separation and buffering between Sector G and adjacent land uses. This condition could be modified if there are suitable fences installed on the common property line by adjacent property owners for any development that could occur prior to the development of Sector G. This condition does not require a privacy fence adjacent to the wetland along the south side of Sector G. Applicant is in compliance through a deferral with security granted by the Board of Public Works for completion by March 31, 1998. 5. Applicant shall submit a lighting plan. Applicant is in compliance. 6. A homeowner's association shall be established for the maintenance of common plat improvements. Applicant is in compliance. Paperwork submitted for approval as to form. 7. Because the project is a demonstration project, and because the private road will be developed to less than City standards, the Planning and Development Committee recommended that the road be a private road and that the City not retain the right to require dedication of that road. Applicant is in compliance. 8. The Examiner's recommendation was installation of sidewalks on both sides of the street, because this is a demonstration project, and because of the low traffic counts projected within Sectors E/F, the Planning and Development Committee recommended the plat developer be authorized to provide the City with cash or a letter of credit, or other financing device satisfactory to the Finance and Information Services Administrator and the City Attorney equal to one and one-half times the cost to install the sidewalks on the outer side of the inner streets within Sectors E/F Does not apply to Sector G (Blueberry Lane). Sidewalks are installed along the approved single side. 9. The Hearing Examiner recommended vertical curbs. This was appealed to Council and rolled curbs were permitted. Staff is directed to review the rolled curbs at the same time as review of the sidewalks and provide a report to Council about appropriate Code changes, if appropriate. The Applicant is in compliance. Rolled curbs were installed. 10. The Hearing Examiner required landscape neckdowns in Sectors E/F be within a reserve, since those landscape neckdowns are already within public right-of-way this condition was declared unnecessary under appeal. Does not apply to Sector G(Blueberry Lane). 11. The open space reserves were recommended to be included within the common areas and appropriately landscaped to be part of the entries into the Sector so that the homeowner's association would have the maintenance responsibility for these area, and so these areas would function as an integrated part of the entry streets and entry landscaping. Applicant is in compliance. 12. The applicant shall provide covenants that assure that the one-half acre park shall remain open to childhood play and permit the homeowner's association to install play and tot lot equipment if they so choose. Does not apply to Sector G(Blueberry Lane). 13. The use of grass-crete paving shall be continued as long as the Fire Department finds it acceptable. Applicant is in compliance. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process. Any remaining improvements seem certain and are appropriately secured through the Board of Public Works. RECOMMENDATION: The City Council should approve the Final Plat. SUBMITTED THIS 11th day of February, 1998 KAYREN K. KITTRICK DEVELOPMENT SERVICES DIVISION DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF BLUEBERRY LANE KING COUNTY,WASHINGTON TABLE OF CONTENTS RECITALS 1 ARTICLE 3 OWNER'S PROPERTY RIGHTS 4 ARTICLE 1 3.1 Owners'Easements of Enjoyment 4 INTERPRETATION 1 3.2 Delegation of Use 5 1.1 Liberal Construction 1 1.2 Covenant Running with Land 1 ARTICLE 4 1.3 Declarant is Original Owner 1 OWNERS' ASSOCIATION 5 1.4 Captions 2 4.1 Establishment 5 1.5 Definitions 2 4.2 Form of Association 5 1.5.1 "Assessments" 2 4.3 Membership 5 1.5.2 "Association" 2 4.3.1 Qualification 5 1.5.3 "Board" 2 4.3.2 Transfer of Membership 5 1.5.4 "Builder 2 4.4 Voting 6 1.5.5 "Common Area" 2 4.4.1 Classes of Voting Membership . . 6 1.5.6"Common Expenses" 2 4.4.2 Termination of Class B 1.5.7"Common Expense Percentage" 2 Membership. 6 1.5.8 "Declarant" 2 4.4.3 Combining Class A and B Votes. 6 1.5.9 "Declaration" 2 4.4.4 Number of Votes 6 1.5.10 "Home" 2 4.5 Bylaws of Association 6 1.5.11 "Home Expense" 3 1.5.12 "Lot" 3 ARTICLE 5 - 1.5.13 "Mortgage" _ 3 MANAGEMENT OF THE ASSOCIATION 1.5.14 "Mortgagee" 3 6 1.5.15 "Owner" 3 5.1 Administration of the Development . 7 1.5.16 "Person" 3 5.2 Management by Declarant 7 1.5.17 "Property," "Project,"or 5.3 Management by Elected Board of "Premises" 3 Directors 7 1.5.18 "Plat Map" 3 5.4 Authority and Duties of the Board . . 7 1.6 Percentage of Mortgagees. 3 5.4.1 Assessments 7 1.7 Percentage of Owners. 4 5.4.2 Service 7 5.4.3 Utilities 8 ARTICLE 2 5.4.4 Insurance 8 OWNERSHIP OF COMMON AREAS . . 4 5.4.5 Common Area F:\WPDATA\CDOC\1920\192406.DEC i csrjsuo RECEIVED NOV 1 3 1997 501,, DEVELOPMENT PLANNING CITY OF RENTON 7 J Maintenance/Repair. 8 7.14 Utilities 15 5.4.6 Maintenance of Rights of Way,etc. 7.15 Antenna 15 8 7.16 Fencing 15 5.4.7 Fences,etc 8 7.17 Fireplace Chimneys 16 5.4.8 Lot and Lot Improvement 7.18 Games and Play Structures 16 Maintenance-Owner's Responsibility 7.19 Significant Recreation Facilities 16 8 7.20 Landscaping 16 5:4.9 Lot and Lot Improvement 7.21 Temporary Structures 16 Maintenance-Association's 7.22 Completion of Construction 16 Responsibility 8 7.23 Use During Construction 16 5.4.10 Lien/Encumbrance 10 7.24 Excavations 16 5.4.11 Enforce Declaration 10 7.25 Clothes Lines,Other Structures . . 17 5.4.12 Materials,Services,etc 10 7.26 Mobile or Manufactured Housing . 17 5.4.13 Attorney-in-Fact 10 7.27 Easements. 17 5.4.14 Borrowing of Funds 10 7.28 Garages 17 5:4.15 Adoption of Rules and Regulation 7.29 Parking 17 10 7.30 Oil and Mining Operations. . . . . 17 5.4.16 Additional Powers of Association 7.31 Catch Basin. 17 10 7.32 Garbage and Refuse 17 7.33 Pets 18 ARTICLE 6 7.34 Signs 18 ARCHITECTURAL CONTROL 11 7.35 Nuisances 18 6.1 Construction and Exterior Alteration or 7.36 Common Drives 18 Repair 11 7.37 Governmentally Required 6.2 Sales Facilities of Declarant and Maintenance,etc 18 Builders 12 ARTICLE 8 ARTICLE 7 COMMON EXPENSES AND USE AND MAINTENANCE OBLIGATION ASSESSMENTS 19 OF OWNERS 13 8.1 Personal Obligation for Assessments 7.1 Maintenance of Lots. " 13 - -19 7.2 Residential Use _ 13 8.2 Uniform Rate. 19 7.3 Business Use 14 8.2.1 Common Expenses 19 7.4 Rental Homes 14 8.2.2 Special Charges to Owner. . . . . 19 7.5 Restriction on Further Subdivision 14 8.2.3 Declarant Assessments 19 7.6 Zoning Regulations 15 8.3 Estimated Expenses. 19 7.7 Building Setback Requirements . . . . 15 8.4 Manner and Time of Payment 20 7.8 Lot Size 15 8.5 Accounts 20 7.9 Square Footage 15 8.6 Lien 20 7.10 Building Height 15 8.7 Waiver of Homestead 21 7.11 Driveway Standards 15 8.8 Continuing Liability for Assessments 7.12 Roof 15 21 7.13 Exterior Finish 15 8.9 Records;Financial Statements 21 F:\WPDATA\CDOC\1920\192406.DEC ii 8.10 Certificate of Assessment 21 8.11 Foreclosure of Assessment Lien; ARTICLE 12 Attorneys' Fees and Costs 21 EASEMENTS 27 8.12 Curing of Default 22 12.1 Association Functions 27 8.13 Payment by Owners 22 12.2 Easements Over Common Areas . . 27 8.14 Omission of Assessment ' 22 12.3 Access to Public Streets 27 8.15 Notice of Creation of Assessment Lien 12.4 Utility Easements 28 22 12.5 Project Entry Signs. 28 8.16 Assessment Deposit;Working Capital 12.6 Encroachments. 28 22 8.17 Exempt Property 23 ARTICLE 13 8.18 Effect of Legal Proceedings 23 TERM OF DECLARATION 29 8.19 Commencement of Assessments. . . 24 13.1 Duration of Covenants. 29 13.2 Abandonment of Subdivision Status. ARTICLE 9 29 COMPLIANCE WITH DECLARATION 24 ARTICLE 14 9.1 Enforcement 24 AMENDMENT OF DECLARATION, 9.1.1 Compliance of Owner 24 PLAT MAP 29 9.1.2 Compliance of Lessee 24 14.1 Declaration Amendment 29 9.1.3 Attorneys'Fees 24 14.2 Plat Map 30 9.2 No Waiver of Strict Performance . . .25 14.3 Conform to Construction 30 9.3 Right of Entry 25 14.4 Conform to Lending Institution 9.4 Remedies Cumulative 25 Guidelines 30 14.5 Declarant Powers. 30 ARTICLE 10 14.6 Amendments Affecting Special Rights LIMITATION OF LIABILITY 25 30 10.1 No Personal Liability 25 10.2 Indemnification of Board Members • ARTICLE 15 25 INSURANCE 31 15.1 Insurance Coverage 31 ARTICLE 11 15.1.1 Common Area Casualty 31 MORTGAGEE PROTECTION 26 15.1.2 Liability 31 11.1 Priority of Mortgages 26 15.1.3 Workmen's Compensation . . . 31 11.2 Effect of Declaration Amendments 15.1.4 Fidelity Bonds 31 26 15.1.5 Personal Property. 32 11.3 Right of Lien Holder 26 15.1.6 Other Insurance 32 11.4 Change in Manner of Architectural 15.1.7 Home Insurance 32 Review and Maintenance Within Project; 15.2 Owner's Additional Insurance 32 Insurance and Use of Proceeds 27. 15.3 Insurance Proceeds 32 11.5 Copies of Notices 27 15.4 Additional Provisions 32 11.6 Furnishing of Documents 27 15.5 Cost of Insurance. 33 F:\WPDATA\CDOC\1920\192406.DEC iii 1 1.2 ovenant Running with Land 1 ARTICLE 16 1.3 i eclarant is Original Owner 1 DAMAGE OR DESTRUCTION: 1.4 C..tions 1 RECONSTRUCTION 33 1.5 De nitions 1 16.1 Common Areas 33 1.5.1 Assessments" 1 16.2 Homes 33 1.5.2"•ssociation" 1 16.2.1 Reconstruction 33 1.5.3 " surd" 1 16.2.2 Insufficient Insurance Proceeds to 1.5.4"B ilder 1 Complete Reconstruction 34 1.5.5 "Co mon Area" 2 17.1 Annexation by Declarant. 34 1.5.6"Co mon Expenses" 2 17.2 Non Declarant Annexations 34 1.5.7"Com on Expense P-rcentage" . 2 17.3 Common Areas Within Divisions . 34 1.5.8 "Decl. . t" 2 1.5.9 "Decl. :tion" 2 ARTICLE 18 1.5.10 "Horn:" 2 MISCELLANEOUS 35 1.5.11 "Horn- Expense" 2 18.1 Delivery of Notices and Documents 1.5.12 "Lot" 2 35 1.5.13 "Mortgag:" 2 18.2 Conveyances;Notice Required . . . 35 1.5.14 "Mortgag--" 2 18.3 Successor and Assigns 35 1.5.15 "Owner" 2 18.4 Joint and Several Liability 35 1.5.16 "Person" 2 18.5 Mortgagee's Acceptance 36 1.5.17 "Property," Pro ect,"or 18.5.1 Priority of Mortgage 36 "Premises" 2 18.5.2 Acceptance Upon First 1.5.18 "Plat Map" 2 Conveyance 36 1.6 Percentage of Mort_.:ees. 3 - 18.6 Severability 36 1.7 Percentage of Owner 3 18.7 Effective Date 36 18.8 Governmental Right of Access 36 ARTICL 12 OWNERSHIP OF CO V ON AREAS 3 ARTICLE 19 PARTY WALLS 36 ARTICL 3 • 19.1 General Rules of Law Apply 36 - OWNER'S PROPE•T ' GHTS . 3 19.2 Sharing Repair and Maintenance 36 3.1 Owners'Easements . Enj. ment . . 3 19.3 Destruction by Fire or Other Casualty 3.2 Delegation of Use. ) 3 36 19.4 Weatherproofing 37 ARTICLE 4 19.5 Right to Contribution Runs with Land OWNERS' ASSOCIATION . . . 4 37 4.1 Establishment / 4 19.6 Arbitration 37 4.2 Form of Associat on 4 1 4.3 Membership 4 4.3.1 Qualificatio 4 A TI LE 1 4.3.2 Transfer of embership 4 INTER TATION 1 4.4 Voting 4 - 1.1 Liberal Construc on 1 4.4.1 Classes of oting Membership . . 4 F:\WPDATA\CDOC\1920\192406.DEC iv � 1 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF BLUEBERRY LANE KING COUNTY,WASHINGTON THIS DECLARATION is made this_day of ,199_,by the undersigned,hereinafter referred to as"Declarant." RECITALS A. Declarant owns certain real property located within the State of Washington,which property and improvements are commonly known as BLUEBERRY LANE,and is located on land more particularly described in Exhibit A attached hereto and incorporated herein. B. All Common Areas of the Project are to be shown on the Plat Maps recorded in conjunction with, and/or described in,this Declaration. C. For the benefit and protection of the Project,to enhance its value and attractiveness,and as an inducement to lenders and investors to make and purchase loans secured by Homes and Lots within the Project,Declarant agrees to provide herein for a method of use and architectural control within the Project. NOW,THEREFORE,Declarant hereby declares that the Homes and Lots described herein shall • be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restrictions,reservations, grants of easement,rights, rights-of-way,liens,charges and equitable servitudes.Any conveyance,transfer, sale,assignment, lease or sublease of a Home or Lot in the Project,shall and hereby is deemed to incorporate by reference all provisions of this Declaration.The provisions of this Declaration shall be enforceable by Declarant, any Home Owner, the Association,and any first mortgagee of any Home or Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land.It is intended that this Declaration shall be operative as a set of covenants running with the land,or equitable servitudes,binding on Declarant,its successors and assigns,all subsequent owners of the Property,together with their grantees, successors,heirs, executors, administrators,devisees or assigns. . 1.3 Declarant is Original Owner. Declarant is the original Owner of all Homes, Lots and F:\WPDATA\CDOC\1220\1,Q2406.DEC 1 - Property and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Homes or Lots are filed of record. 1.4 Captions.Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5.1 "Assessments" shall mean the regular and special assessments which the Association may levy against Homes pursuant to the provisions of this Declaration to pay Common Expenses and Home Expenses. 1.5.2 "Association"shall mean the association of Home Owners provided for in Article 4 and its successors and assigns. 1.5.3 "Board"shall mean the Board of Directors of the Association provided for in Article 5 1.5.4"Builder"shall mean a person or entity who acquires title to one or more Lots for the purpose of,in the ordinary course of business,of constructing Homes for resale. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include all Common Area described on the Plat Map or in this Declaration,but shall exclude all Lots and land dedicated to the public or to a governmental entity. 1.5.6"Common Expenses"shall mean those expenses incurred by the Association and paid by Assessments levied against Homes. Common Expenses shall not include Home Expenses. 1.5.7"Common Expense Percentage" shall mean the portion of the Common Expenses which each Home must pay.The Common Expense Percentage for all Homes shall be an equal • amount. 1.5.8"Declarant" shall mean the undersigned (being the sole Owner of the real property described in said Exhibit A hereof)and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5.9"Declaration"shall mean this declaration and any amendments thereto. 1.5.10 "Home"shall mean and refer to any structure(or portion of a structure)located on a Lot,which structure(or portion of a structure)is designed and intended for use and occupancy as a residence. Except as otherwise expressly provided in this Declaration, a Home shall be F:\WPDATA\CDOC\1920\192406.DEC 2 deemed to exist: (a)for purposes of voting and Association membership,both when the dwelling unit has been constructed and as well as when the dwelling unit has not been constructed but when the Owner of a Lot has a right to construct a dwelling unit or units on said Lot;and (b) for purposes of assessments, only when the dwelling unit has been constructed as evidenced by the issuance of a certificate of occupancy. 1.5.11 "Home Expense" shall mean those expenses incurred by the Association solely relating to or benefiting Homes(and not Common Areas). 1.5.12 "Lot"shall mean and refer to any plot of land shown upon any recorded Plat Map of the Property,excluding Common Areas.Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on such Lot. "Lot"shall not include any land now - or hereafter owned by the Association or by all of the Lot Owners as tenants-in-common,nor include any land shown on the Plat Map but dedicated to the public or to a governmental entity. 1.5.13 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Home and shall also mean a real estate contract for the sale of a Lot. 1.5.14 "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner,of an encumbrance on a Home created by mortgage or deed of trust and shall also mean the vendor,or the designee of a vendor,of a real estate contract for the sale of a Lot. 1.5.15."Owner"shall mean and refer to the record owner,whether one or more persons or entities,of a fee simple title to any Home which is a part of the Property,and,except as may be otherwise expressly provided herein, shall,in the case of a Home which has been sold pursuant to a real estate contract,include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder.Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. 1.5.16 "Person" shall include natural persons,partnerships,corporations,associations and personal representatives. 1.5.17 "Property," "Project," or "Premises" shall mean the real estate described in Exhibit A and all improvements and structures thereon,including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.18 "Plat Map"shall mean the Plat Maps recorded in conjunction with this Declaration, _ which Plat Maps depict the layout of the Lots on the Property. - 1.6 Percentage of Mortgagees.For purposes of determining the percentage of first mortgagees F:\WPDATA\CDOC\1920\192406.DEC 3 approving a proposed decision or course of action,a mortgagee shall be deemed a separate mort- gagee for each Home on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners.For purposes of determining the percentage of Owners approving a proposed decision or course of action,an Owner shall be deemed a separate Owner for each Lot owned. ARTICLE 2 OWNERSHIP OF COMMON AREAS The Common Areas, within the Property and referred to in Section 1.5.5, are hereby conveyed to the Association.The Common Areas,if any,within any subsequent or precedent phase(s)will be deemed to be conveyed to the Association upon the recording of an amendment to this Declaration incorporating such phase within the Project and will be depicted on the Plat Map, and/or in the Declaration amendment,recorded in conjunction with such phase. The Common Areas shall exclude those portions of common areas(and improvements thereto)which have been or may hereafter be,dedicated to and owned by a governmental entity.The Common Areas shall for all purposes be under the control, management and administration of the Declarant until all Class B membership terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Areas in a clean, attractive,sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of this Declaration. • ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owners' Easements of Enjoyment. Every Owner shall have a non-exclusive right and easement,in common with all Owners,of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Home,subject to the following provisions: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for: any period during which any assessment against his Home remains unpaid;and for a period not to exceed sixty(60)days for any infraction of its published rules and regulations.Until all Class B membership terminates,the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by,a member for non-payment of an assessment,upon the request of the Declarant. 3.1.3 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority,or utility for F:\WPDATA\CDOC\1920\192406.DEC 4 • • such purposes and subject to such conditions as may be agreed to by the members of the Association.No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the Owners has been recorded and the provisions of Article 14'hereof have been observed;provided,only a majority of Owners will be necessary to approve dedicating a storm retention pond or similar facility, if any, to a governmental entity which shall maintain such ponds. 3.1.4 The right of the Association to limit the number of guests of members; 3.1.5 The right of the Association,in accordance with this Declaration and its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property,but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.1;✓ and 3.1.6 Until all Class B membership terminates, the exercise of all of the rights and powers set forth in subsections 3.1.2,3.1.3,3.1.4,and 3.1.5 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate(in accordance with the Bylaws),his right of enjoyment to the Common Area and facilities to the members of his family, or his tenants or contract purchasers who reside on the Property,and(subject to regulation by the Association)to his temporary guests. ARTICLE 4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called BLUEBERRY LANE HOMEOWNERS' ASSOCIATION(referred to hereinafter as the"Association"). • 4.2 Form of Association.The Association shall be a nonprofit corporation formed and operated • pursuant to Title 24, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation for such nonprofit corporation, the provisions of this Declaration shall prevail. 4.3 Membership. 4.3.1 Qualification.Each Owner of a Home in the Project(including Declarant)shall be a member of the Association and shall be entitled to one membership for each Home so owned. Ownership of a Home shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Home giving rise to such membership, and shall not be F:\WPDATA\CDOC\1920\192406.DEC 5 assigned,conveyed,pledged or alienated in any way except upon the transfer of title to said Home and then only to the transferee of title to such Home.Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Home shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 4.4 Voting. 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: Class A.Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Home owned. Class B.The Class B member shall be the Declarant,which shall be entitled to three(3)votes for each Home owned. 4.4.2 Termination of Class B Membership.The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership[such Class B membership for purposes of this clause (a)including Declarant owned Homes both then within the Project as well as those which may be added to the Project,or • (b) the date when Declarant's management powers terminate, as provided in Section 5.2.E 4.4.3 Combining Class A and B Votes.In determining whether any given proposition shall have been approved by the membership,the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against that combined number. • 4.4.4 Number of Votes.Except as provided above,the total voting power of all Owners shall equal the number of Homes at any given time and the total number of votes available to Owners of any one Home shall be one vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration, shall be adopted or amended by the Owners at a regular or special meeting;provided,that the initial Bylaws shall be adopted by Declarant.In the event of any conflict between this Declaration and any Bylaws,the provisions of this Declaration shall prevail. ARTICLE 5 MANAGEMENT OF THE ASSOCIATION F:\WPDATA\CDOC\1920\192406.DEC 6 � 1 5.1 Administration of the Development.The Owners covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. 5.2 Management by Declarant.The Property shall be managed by the Declarant until the earlier of: (a)one hundred twenty(120)days after all Class B membership terminates;or(b)the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. Declarant, so long as it is managing the Property,or a managing agent selected by Declarant,shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board set forth or necessarily implied in this Declaration;provided, however, that if entered into before the Board elected by Owners pursuant to Section 5.3 takes office, (1)any management contract,employment contract, or lease of recreational or parking areas or facilities,(2)any other contract or lease between the Association and the Declarant or an affiliate of a Declarant, or(3)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 may be terminated without penalty by the Association at any time after the Board elected by the Owners pursuant to Section 5.3 takes office upon not less than ninety days' notice to the other party or within such lesser notice period provided for without penalty in the contract or lease. 5.3 Management by Elected Board of Directors.At the expiration of Declarant's management authority under Section 5.2, dministrative power and authority shall vest in a Board of Directors elected from among the Home Owners.The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. Except as otherwise provided herein,decisions shall be determined by a majority vote of the directors entitled to vote. • The Board may delegate all or any portion of its administrative duties to a managing agent or officer of the Association. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5.4 Authority and Duties of the Board.On behalf of and acting for the Association, the Board (or the Declarant or Declarant's managing agent as provided in Section 5.2"iIiereof),for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration,including but not limited to the following: 5.4.1 Assessments.Establish and collect regular Assessments(and to the extent necessary and permitted hereunder,special Assessments)to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance,repair and replacement of those portions of the Common Areas or facilities which must be maintained,repaired or replaced on a periodic basis, which reserve shall be funded by the above Assessments. 5.4.2 Service. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall F:\WPDATA\CDOC\1920\192406.DEC 7 determine are nerkKsary or proper for the operation of the Project,whether such personnel as the Board shall determine are necessary or proper for the operation of the Project,and whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection,electrical, telephone,gas and any other necessary utility service,including utility easements and street lighting,as required for the Common Area. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds as provided in this Declaration. 5.4.5 Common Area Maintenance/Repair. Pay for the costs of painting, maintenance, repair and all landscaping and gardening work for the Common Areas and improvements located thereon so as to keep the Property in a good,clean,attractive, sanitary and safe condition and in full compliance with applicable governmental laws,rules and regulations and the provisions of this Declaration. The foregoing shall include: the cost of maintaining the storm retention ponds or similar facility,if any;and such replacing and repairing of furnishings and equipment,if any,for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way,etc.To the extent deemed advisable by the Board,pay for the costs of maintaining and landscaping rights of way,traffic islands and medians,or other similar areas which are within or adjacent to the Project boundaries,and which are owned by or dedicated to a governmental entity,if said governmental entity fails to do soUrovided,the Lot Owner at the Owner's expense(rather than the Association)shall maintain and landscape such areas as are,adjacent to such Owner's Lot] ,u Ate-j°" 5.4.7 Fences, etc. To the extent deemed advisable by the Board, pay for the cost of maintaining,repairing and replacing: perimeter and' ences,if any;and landscaping and improvements on easements,if any,which are located on or across Lots;provided,the Board at its option may require a Lot Owner at the Owner's expense to maintain,repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Lot and Lot Improvement Maintenance—Owner's Responsibility. In the event an owner of any Lot or Home in the Property shall fail to maintain the premises and the improvements situated thereon in accordance with the provisions of the Declaration, the Association,after approval by two-thirds(2/3)vote of the Board of Directors, shall have the right, through its agents and employees,to enter upon said parcel and to repair, maintain,and restore the Lot and any other improvements erected thereon.The cost of such maintenance shall be added to and become part of the assessment to which such Lot or Home is subject. 5.4.9 Lot and Lot Improvement Maintenance-Association's Responsibility F:\WPDATA\CDOC\1920\192406.DEC 8 (a) Roof Replacement and Exterior Repainting.Notwithstanding that a Home Owner has the primary duty to maintain and repair said Owner's Home, the Association shall have the primary duty to repair and replace the roof("roof work") and repaint, repair and replace the exterior("exterior work")of each Home,in accordance with the following provisions: (i) Such roof and exterior work shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Homes as part of a systematic program based on the estimated useful life of the roof and exterior repainting. (ii) The cost of roof and exterior work on Homes shall constitute a Common Expense, for which the Board shall create and maintain from the regular Assessments a reserve fund for the estimated future cost of such roof and exterior work. The Board shall attempt to calculate the contributions of said reserve fund so that sufficient funds are on deposit to pay the estimated costs of such work at the end of the estimated useful life of such roof and exterior.The reserve fund so created shall be the primary source of payment of the actual cost of such work; but, if the reserve fund so created should at any time prove insufficient,a special Assessment shall be levied to cover such insufficiency. (iii) Nothing herein shall prohibit the Board from requiring any Home Owner to perform the maintenance and repair obligations imposed on the Association in Section 5.4.�(a). In the event that the Board shall require an Home Owner to so perform, the Board shall nonetheless,in its sole discretion,approve the persons who shall actually perform said work and the methods and materials to be used.The Board may also promulgate such rules and regulations pertaining to such work as it may desire and shall have the right to approve and accept such work as having been performed in a first class and workmanlike manner.In the event the Board shall reasonably refuse to accept such work,the Board may cause said work to be modified or redone to the extent that it shall meet Board standards.Upon approval of such work,the Board shall disburse such reserve funds as are necessary to pay for said work and to assess the Home Owner Association for any deficiency. - (b) Yard and Landscaping.The Association shall have the right to regulate and maintain - yards and landscaping in accordance with the following provisions: (i) The Association shall be responsible for maintaining(in accordance with the standards established by the Board or the Architectural Control Committee)the yard and landscaping of each Home (excluding any portion of an Lot enclosed with a fence). Such maintenance work shall include grass cutting, garden bed weeding and tree and shrub replacement. The cost of maintaining the yard and landscaping shall b a Common Expense. 11z¢,6-'q o)-1 (ii) Nothing herein shall prohibit the Board from requiring or permitting any Home Owner, at said Owner's expense, to perform the maintenance obligations imposed on the Association in this section. In the event that the Board shall require or permit an Owner or association to so perform, the Board or the Architectural Control Committee shall nonetheless in F:\WPDATA\CDOC\1920\192406.DEC 9 its sole discretion have the right to establish the standards,rules and regulations pertaining to such landscaping and maintenance work. 5.4.10 Lien/Encumbrance.The Board may pay any amount necessary to discharge any lien or encumbrance levied against the Common Areas or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the Common Areas, rather than merely against the interest therein of particular Owners.Where one or more Owners are responsible for the existence of such lien,they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses(including court costs and attorney fees)incurred by the Board by reason of such lien or liens shall be specially charged against the Owners and the Lots responsible to the extent of their responsibility. 5.4.11 Enforce Declaration.Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.12 Materials,Services,etc.Contract and pay for any materials, supplies,labor or ser- vices which the Board should determine are necessary or proper for the enforcement of this Declaration,including legal,accounting, management or other services;provided that if for any reason any materials, supplies, labor or services are provided for particular Homes or their Owners,the cost thereof shall be specially charged to the Owner of such Homes. 5.4.13 Attorney-in-Fact.Each Owner,by the mere act of becoming an Owner,shall irrevo- cably appoint the Association as his attorney-in-fact,with full power of substitution,to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder,including but not limited to the duties to maintain,repair and improve the Property, to deal with the Property upon damage or destruction,and to secure insurance proceeds. 5.4.14 Borrowing of Funds.In the discharge of its duties and the exercise of its powers as set forth herein,but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.4.15 Adoption of Rules and Regulation.When and to the extent deemed advisable by the Board, to adopt reasonable rules and regulations governing the maintenance and use of the Property and other matters of mutual concern to the Home Owners,which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. 5.4.16 Additional Powers of Association. In addition to the duties and powers of the Association, as specified herein, and elsewhere in this Declaration,but subject to the provisions of this Declaration,the Association,acting through its Board,shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purposes of this Declaration. F:\WPDATA\CDOC\1920\192406.DEC 10 4 ♦ ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures(including,without limitation,concrete or masonry walls, rockeries, fences, swimming pools, if any, or other structures) to be constructed within the Property, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any buildings or structures on the Property and visible from any public street, Common Area or other Lot must be approved by the ACC.The ACC shall be composed of two separate panels:a Builder's panel consisting of three persons appointed by the Declarant that will have authority over all of the construction and improvements by Declarant and other Builders in the Project;and a homeowner's panel consisting of not less than three nor more than five persons appointed by the Board that will have authority over all of the construction and improvements by other Lot or Home Owners. The Builder's panel shall cease after the Builders have completed all of the Homes that may be constructed within the Project.Complete plans and specifications of all such proposed buildings, structures,and exterior alterations and repairs,together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC before construction,alteration or repair is started. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. Any exterior modifications approved or developed by the Declarant while exercising management authority under Section 5.2 will be deemed approved exterior modifications. 6.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites,and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 In the event the ACC fails to approve or disapprove such design and location within • - thirty(30)days after said plans and specifications have been submitted to it,such approval will not be required. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty(30)days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ACC as part of the plan approval and shall be given in writing together with the approval. 6.1.5 The ACC may require that said plans or specifications shall be prepared by an architect or a competent house-designer,approved by the ACC. All buildings or structures shall be erected or constructed,and all exterior alterations or repairs made,by a contractor,house builder or other person or entity approved by the ACC.The ACC shall have the right to refuse to approve any design,plan or color for such improvements,construction,or exterior alteration or repair visible F:\WPDATA\CDOC\1920\192406.DEC 11 from a public street,Common Area or other Lot which is not suitable or desirable,in the ACC's reasonable opinion,aesthetic or otherwise. 6.1.6 In so passing upon such design,.the ACC shall have the right to take into consideration the suitability of the proposed building or other structure,and the material of which it is to be built,and the exterior color scheme,to the site upon which it is proposed to erect the same,the harmony thereof with the surroundings,and the effect or impairment that said structures will have on the view or outlook of surrounding building sites,and any and all factors,which,in the ACC's opinion, shall affect the desirability or suitability of such proposed structure,improvements,or t^exterior alteration or repair. 6.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool, hot tub or any other recreational structure or equipment undesirable, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation,the ACC shall have the right to take into consideration the visual impact of the struc- ture and the noise impact of the related activities upon all of the properties located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment,whether'emporary,collapsible,seasonal,or whatever,shall be treated as a permanent structure for thpurposes of these covenants, and shall be subject to all the conditions, restrictions,and requirements as set forth herein for all buildings and structures. 6.1.8 The ACC shall have the right,in conformance with City ordinances and upon issuance of any required permits, to require, at an Owner's expense, the trimming or topping (or, if deemed necessary by the ACC,removal)of any tree,hedges or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another ✓ Home. 6.1.9 The ACC shall have the right to specify precisely the size,color and style of mail and newspaper boxes, and of the post or support on which such boxes are affixed,and their location within the Project. 6.1.10 Declarant(including any successor in interest to Declarant's status as Declarant)shall not be subject to the restrictions of this Section 6.1 as to any Lot owned by Declarant,whether or not any Class B membership exists and whether or not management of the Association has been relinquished by Declarant pursuant to Section 5.2 hereof. 6.1.11 The Board may adopt guidelines, criteria, and procedures for the ACC (ACC guidelines) as Association rules, and prescribe penalties and other methods of enforcement. Provided, that until all of the Homes in the Project have been completed, the Board may not adopt, amend, or repeal ACC guidelines pertaining to either the homeowner's panel or the Builder's panel without the Declarant's prior written approval. 6.2 Sales Facilities of Declarant and Builders. F:\WPDATA\CDOC\1920\192406.DEC 12 6.2.1 Notwithstanding any provision in thi�Master Declaration to the contrary,Declarant(its agents,employees and contractors)shall be permitte to maintain during the period of sale of Lots and/or Homes upon such portion of the Property(' t excluding • Lots sold to customers)as Declarant and the Builders may choose, such facilities as in their sole opinion may be reasonably required,convenient or incidental to the construction,sale or rental of Lots or Homes,including but not limited to,a business office,storage area,signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant or Builders. • b.2.2 Declarant and Builders may make temporary alterations to model homes(such as fenced front yards,special entries,and French doors on garages),which are not otherwise permitted by this g..er Declaration or the ACC guidelines,for marketing purposes. The selling Owner must remove the model home alterations and return the Home to full compliance with the ACC guidelines prior to occupancy by a Home purchaser or tenant. Owners other than Declarant or Builders may not make these kinds of model home alterations to the Lot or Home. ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 7.1 Maintenance of Lots.Except as provided in Article 5 ach Owner,at said Owner's sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping)and Home and other improvements located thereon,and also such other areas as may be required pursuant to Article 5;in a good,clean,attractive,safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulations and the provisions of this Declaration and the rules and regulations of the Association. 7.2 Residential Use. Except as provided in Section 7.6'll Lots and improvements located thereon shall be used for: 7.2.1 sleeping, eating, food preparation for on-site consumption by occupants and guests, • entertaining by occupants of personal guests and similar activities commonly conducted within a residential dwelling,without regard to whether the Living Unit Owner or occupant resides in the Living Unit as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis; 7.2.2 such other reasonable ancillary purposes commonly associated with residential dwellings (including without limitation home-offices and home-occupations)which do not: cause unusual traffic,parking,noise or similar problems;or otherwise violate provisions of this Declaration, Association rules and regulations,or applicable law for residential dwellings; 7.2.3 the common social, recreational or other reasonable uses normally incident to such purposes;and F:\WPDATA\CDOC\1920\192406.DEC 13 7.2.4 for purposes of operating the Association and managing the Property. Nothing herein shall be deemed to prevent the Owner from leasing a Home and improvements subject to all of the provisions of the Declaration. 7.3 Business Use. No business of any kind shall be conducted on any Lot or Home with the exception of: (a)the business of creating,improving and selling the Lots and Homes located in the Property; (b) uses otherwise permitted by Section 7.2; and, (c) such other non-residential business and commercial uses permitted by zoning and other laws applicable to a particular Lot. The Lot Owners shall comply with all of the requirements of the appropriate local governments. No materials,supplies or equipment used by a business shall be stored on any Lot or Home within the view of another Lot or Home, except for items relating to an improvement which is under construction in conformance with this Declaration. 7.4 Rental Homes. 7.4.1 With respect to the leasing,renting,or creation of any kind of tenancy of a Home and improvements thereon by its Owners,such Owner shall be prohibited from leasing or renting less than the entire Home or improvements thereon,or(with the exception of a lender in possession of a Home and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure)for a term of less than thirty(30)days; and all leasing or rental agreements shall be in writing and be subject to the Declaration and Bylaws(with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). 7.4.2 If a Home is rented by its Owner, the Board may collect,and the tenant or lessee shall pay over to the Board,so much of the rent for such Home as is required to pay any amounts due the Association hereunder,plus interest and costs,if the same are in default over thirty(30)days. The renter or lessee shall not have the right to question payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association,but will not discharge the liability of the Owner,and • the Home under this Declaration for assessments and charges, or operate as an approval of the lease.The Board shall not exercise this power where a receiver has been appointed with respect to the Home or its Owner;nor in derogation of any rights which a mortgagee of such Home may have with respect to such rents. Other than as stated herein there are no restrictions on the right of any Owner to lease or otherwise rent his Home. 7.5 Restriction on Further Subdivision.No Lot or portion of a Lot in this plat shall be divided and sold or resold,or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which located;provided,the foregoing shall not prohibit deeds of correction,deeds to resolve boundary disputes and similar corrective instruments.Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. F:\WPDATA\CDOC\1920\192406.DEC 14 7.6 Zoning Regulations.Zoning regulations,building regulations,environmental regulations and other similar governmental regulations applicable to the Properties subject to this Declaration shall be observed.In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration,the more restrictive provisions shall apply. 7.7 Building Setback Requirements.All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements. 7.8 Lot Size.No residential structure shall be erected or placed on any Lot which has a lot area of less than that required by the government entity having appropriate jurisdiction over the Project. 7.9 Square Footage. Each single family residence must include the minimum square feet (excluding garage and porches)required by law. 7.10 Building Height.No building height shall exceed the maximum permitted by law. 7.11 Driveway Standards. All driveways shall be constructed of concrete with a minimum aggregate finish or other material approved by ACC;provided, that driveways in excess of forty feet(401 in length may be constructed of asphalt. 20' 7.12 Roof.The exterior of all roofs shall be composed of a material approved by ACC.Under no circumstances are flat roofs allowable. 7.13 Exterior Finish.The exterior or each residence shall be designed,built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the ACC. Exterior trim,fences,doors,railing,decks,eaves,gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. 7.14 Utilities.All utilities shall be installed underground. 7.15 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved by the ACC. Owners may construct and maintain satellite dishes 24 in diameter or less on their lot;provided,that such satellite dishes shall only be allowed if substantially screened from view from the street or from ground level of adjacent lots in a manner reasonably approved by the ACC. 7.16 Fencing. No fences or site-screening improvements shall be erected without the written approval of the ACC.Fences may only be placed along the rear property line and from the front building line to the rear lot line,cannot exceed 6 feet in height,and must be constructed of wood F:\WPDATA\CDOC\1920\192406.DEC 15 or other material approved by the ACC;provided that the foregoing height limitation shall not apply to site-screening approved by the ACC pursuant t4_ection 7.1)and provided,that cyclone fencing may be used in the areas adjacent to greenbelts. 7.17 Fireplace Chimneys.Fireplace chimneys must be constructed with material approved by the ACC and otherwise required by this Declaration. 7.18 Games and Play Structures.No platform,dog house,playhouse or structure of a similar kind or nature shall be constructed on any Lot without the prior approval of the ACC. 7.19 Significant Recreation Facilities.The construction of any significant recreational facilities on any Lot including, but not limited to, such items as swimming pool, tennis, badminton, or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACC. • 7.20 Landscaping. All cleared areas in front of the building line to the street shall be fully landscaped within 30 days,depending on weather conditions,of the time when the house is ready for occupancy.Owner shall install or have installed within 6 months of occupancy the balance of all landscaping unless a time long is approved by the ACC. 7.21 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character shall be erected or placed on the Property, even temporarily. No building or structure shall be moved on to the Property from any land outside the development. Provided: a trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACC;and a construction shack may be used by an Owner's construction contractor during the construction period. completion of Construction.All construction shall begin within 24 months of the date of closing for each Lot.Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance,including finish painting or stained,and shall be connected to sewers within eight (8) months from the date of commencement of construction, unless some longer period of time is approved in writing by the ACC. 7.23 Use During Construction.Except with the approval of the ACC, no person shall reside upon the premises of any Lot until such time as the improvements to be erected thereon accordance with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt of a final inspection of the dwelling unit by the Building Department having jurisdiction. 7.24 Excavations.Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement,no excavation shall be made nor shall any dirt be removed from or added to any lot herein. F:\WPDATA\CDOC\1920\192406.DEC 16 7.25 Clothes Lines,Other Structures.No clothes lines of other structures of a similar nature shall be permitted on any Lot. 7.26 Mobile or Manufactured Housing.There shall be no mobile or manufactured housing. 7.27 Easements.Easements for the installation and maintenance of utilities and drainage,and irrigation facilities, are reserved as shown on the recorded Plat. Within these easements no structure,planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easements,or which may obstruct 'or retard the flow of water through drainage channels in the easements.The easement are on any Lot and all improvements in it shall be maintained continuously by the Lot Owner. 7.28 Garages! Every Home must have a garage which holds at least one full-size car,but no more than Alza full-size cars(any car,truck,boat,recreational vehicle,etc. shall be deemed as one car for purposes of this limitation). Storage of personal property (other than vehicles)in garages is prohibited to the extent that such storage would prevent a vehicle(regularly used by an occupant)from being stored within the garage. Owners may park vehicles in the driveway area in front of the garage;provided, that no motor vehicle may be parked so that it extends outside the boundaries of the driveway. 7.29 Parking.Unless substantially screened from view from the street or from the ground level of adjacent Lots by means of a six foot(6')fence or by some other means reasonably approved by the ACC, no recreational vehicles, commercial vehicles, construction or like equipment,or trailers(utility,boat,camping,horse or otherwise), shall be allowed to be parked or stored on any Lot, or street for a period in excess of two(2)days.In all events, such vehicle,equipment and trailers must also be stored inside or rear yards behind the front line of a Home.The Board of Directors shall have full authority to determine if any vehicle is obnoxious or undesirable to other /Lot Owners and take appropriate steps to correct such a violation of this covenant. !/ 7.30 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, " quarrying or mining operations of any kind shall be permitted upon or in any Lot;nor shall oil wells,tanks,tunnels, mineral excavations or shafts be permitted upon or in any Lot.No derrick or other structure designed for use in boring for oil or natural gas shall be erected,maintained or permitted upon any Lot. 7.31 Catch Basin.The cleaning of catch basins, if any, on individual Lots c'- by the Lot Owner Association at least once prior to September 15 of e- 7.32 Garbage and Refuse.No garbage,refuse,rubbish,cuttin, deposited on or left upon any Lot unless placed in an attractiv, screened from the view of any other Home Owner. All equipmer, such materials shall be kept in a clean and sanitary condition.No - F:\WPDATA\CDOC\1920\192406.DEC 17 shall be placed or stored on any property within the development until the Home Owner is ready to commence construction,and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pickup.All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Home Owner's view and must be suitable screened from all other Home Owner's views. • 7.33 Pets.No animal,livestock,or poultry of any kind shall be raised,bred,or kept on any Lot, except: that cats,dogs,birds,or other household pets may be kept if they are not kept,bred or maintained for any commercial purpose:and that such pets shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community or in violation of the reasonable rules and regulations of the Association. Animals shall not be allowed to roam loose,outside the limits of any Lot in which they are kept. 7.34 Signs.No signs of any kind,nor for any uses shall be erected,posted,painted or displayed on any building site in this subdivision whatsoever,except: public notice by a political division of the State or County or as required by law;any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the subdivision;and any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place on sign not larger than 900 square inches on the property itself. • 7.35 Nuisances. No noxious or undesirable thing, or noxious or un desirable use shall be permitted or maintained upon any Lot or upon any other portion of the Property.If the Board of Directors determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 7.36 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon or therein except by express written consent of the Board. • 7.37 Govermnentally Required Maintenance; etc. Any insurance, maintenance, repair, replacement,alteration or other work,or the monitoring of such work,which is required by any governmental entity(including without limitation, federal,state or local government,public or private utility provider,local improvement district,or other governmental or quasi-governmental entity or agency),and regardless of whether such requirement is now or hereafter established,and whether imposed in connection with a building permit or other governmental approval or requirement,and whether involving land within public rights of way or subject to ownership or exclusive use of one owner,shall be the sole and exclusive responsibility of the Association(not the Declarant) and any cost incurred in connection therewith shall be a Common Expense. In furtherance of the generality of the foregoing, and not by way of limitation, such work shall include:maintenance of any grass-lined swales and proper disposal of clippings; maintenance of wetland plantings; replacement of wetland and landscape plantings that die during any required maintenance period; maintenance of public and private storm sewer and retention systems. F:\WPDATA\CDOC\1920\192406.DEC 18 • Declarant shall have the right,but not the obligation,to perform any such work if the Association fails to do so. The Association shall promptly upon demand reimburse Declarant for any costs directly or indirectly incurred by declarant as a result of the Declarant performing, or the Association's failure to perform,such work(including any work necessary to obtain a releas ,or avoid a forfeiture,of any cash deposit or other bond made by Declarant. ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS 8.1 Personal Obligation for Assessments.The Declarant,for each Lot and Home owned within the Property,hereby covenants,and each Owner of any Lot and Home by acceptance of a deed therefor, whether or not it shall be so expressed in such deed,is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein.Such assessments,together with interest,costs,late charges and reasonable attorneys' fees,shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys'fees,shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.The personal obligation for delinquent assessments shall not pass to his surressors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them.Provided, however,that in the case of a sale of any Home or Lot which is charged with the payment of an assessment or assessments payable in installments,the person or entity who is the Owner imme- diately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for installments which become due on and after said date. 8.2 Uniform Rate. 8.2.1 Common Expenses.Except as otherwise provided in this Declaration,Assessments to pay for Common Expenses shall be based on the Common Expense Percentage. 8.2.2 Special Charges to Owner.Assessments levied against an Owner for the purpose of reimbursing the Association for costs incurred in bringing the Owner or his Lot and/or Home into compliance with the provisions of this Declaration shall be paid solely by that Owner. 8.2.3 Declarant Assessments.Declarant shall pay any assessment levied against any Homes owned by it. 8.3 Estimated Expenses. 8.3.1. Within sixty(60)days prior to the beginning of each calendar year or such other fiscal year as the Board may adopt,the Board shall: (a)estimate the Regular Assessments and,Special Assessments for particular Homes to be paid during such year; (b)make provisions for creating, F:\WPDATA\CDOC\1920\192406.DEC 19 funding and maintaining reasonable reserves for contingencies and operations, for maintenance, painting,repair,replacement,and acquisition of Common Areas and Facilities;and(c)take into account any expected income and any surplus available from the prior year's operating fund. 8.3.2. Without limiting the generality of the foregoing but in furtherance thereof,the Board shall create and maintain from regular Assessments a reserve fund for replacement of those Common Areas or elements which can reasonably be expected to require replacement prior to the end of the useful life of the Project. The Board shall calculate the contributions to said reserve fund so that there are sufficient funds therein to replace each Common Area or element covered by the fund at the end of the estimated useful life of each such Common Area. The Declarant or initial Board may at any suitable time establish the first such estimate. • 8.3.3. 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 Special Assessment,which shall be assessed to the Owners in like proportions.However, the Board may not,in any fiscal year,levy Special Assessments to defray the costs of any action or undertaking on behalf of the Association which in the aggregate exceeds five percent(5%)of the budgeted gross expenses of the Association for that fiscal year without the vote or written assent of a majority of the members, other than Declarant. 8.3.4 Within thirty days after adoption by the board of directors of any proposed regular or sp ..ial budget of the association,the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, in person or by proxy, the budget is ratified,whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the board of directors. 8.4 Manner and Time of Payment.Assessments shall be payable in such reasonable manner as the Board shall designate.Any assessment or installment thereof which remains unpaid for at least fifteen(15)days after the due date thereof shall bear interest at the rate of 12%per annum,and the Board may also as.siss a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than fifteen(15)days. 8.5 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board.The Board shall have exclusive control of such accounts and shall maintain accurate records thereof.No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8.6 Lien.In the event any assessment or installment thereof remains delinquent for more than thirty(30)days,the Board may,upon fifteen(15)days'prior written notice to the Owner of such F:\WPDATA\CDOC\1920\192406.DEC 20 Home of the existence of the default,accelerate and demand immediate payment of the entire assessment.The amount of any assessment assessed or charged to any Home plus interest,costs, late charges and reasonable attorneys' fees, shall be a lien upon such Home. A Notice of Assessment may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such Notice of Assessment may be filed at any time at least fifteen (15) days following delivery of the notice of default referred to above in this Section 8.6. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances,recorded or unrecorded,limited as provided in Section 9.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. 8.7 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article,the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8.8 Continuing Liability for Assessments.No Owner may exempt himself from liability for his Assessments by abandonment of his Home or Lot. 8.9 Records; Financial Statements.The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments,and shall distribute to all Owners, a balance sheet and an operating(income/expense)statement for the Association, which shall include a schedule of assessments received and receivable,identified by the number of the Home and the name of the Owner so assessed.The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient hours of weekdays. 8.10 Certificate of Assessment.A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Home shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate,in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Home within a reasonable time after request,in recordable form,at a reasonable fee. Unless otherwise prohibited by law,any encumbrancer holding a lien on a Home may pay any unpaid assessments or charges with respect to such Home, and, upon such payment, shall have a lien on such Home for the amounts paid of the same rank as the lien of his encumbrance. 8.11 Foreclosure of Assessment Lien;Attorneys'Fees and Costs.The Declarant or Board,on behalf of the Association, may initiate action to foreclose the lien of, or collect,any assessment. F:\WPDATA\CDOC\1920\192406.DEC 21 In any action to foreclose the lien of,or otherwise collect,delinquent assessments or charges,any judgment rendered in favor of the Association shall include a reasonable sum for attorneys'fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action,in addition to taxable costs permitted by law. 8.12 Curing of Default.The Board shall prepare and record a satisfaction and release of the lien for which a Notice of Assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice,and all other ascPcsments which have become due and payable following the date of such recordation with respectto the Home as to which such Notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action.The satisfaction of the lien created by the Notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board.For the purposes of this paragraph,the term"costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the Notice of Assessment and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.13 Payment by Owners.Each Owner shall be obligated to pay its share of common expenses and serial charges made pursuant to this Article to the treasurer for the Association. Assessments for each Home Owner shall begin on the date said Owner closes the transaction in which he acquires right, title or interest in the Home. Assessments for the initial month shall be prorated if closing occurs on other than the first of the month.Any assessment or charge which remains unpaid for at least thirty(30)days shall bear interest at the rate of twelve percent(12%)from due date until paid. In addition, the Board may impose a late charge in an amount not exceeding twenty-five(25%)of any unpaid assessment or charge which has remained delinquent for more than fifteen(15)days. 8.14 Omission of Assessment.The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 8.15 Notice of Creation of Assessment Lien.The Notice of Assessment shall not be filed of record unless and until the Board or a person designated by it, shall have delivered to the default- ing Owner,not less than fifteen(15)days prior to the recordation of such Notice of Assessment, a written Notice of Default and a demand to cure same within said fifteen-day period. 8.16 Assessment Deposit;Working Capital F:\WPDATA\CDOC\1920\192406.DEC 22 • 8.16.1 Delinquent Assessment Deposit. (a) An Owner may be required by the Board or by the Manager,from time to time,to make and maintain a deposit not less than one(1)month nor in excess of three(3)months esti- mated monthly Assessment and charges,which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund,be credited to the Home owned by such Owner,and be for the purpose of establishing a reserve for delinquent Assessments. (b) Resort may be had thereto at any time when such owner is ten(10)days or more delinquent in paying his monthly or other Assessments and charges.Said deposits shall not be con- sidered as advance payments of regular Assessments. In the event the Board should draw upon said deposit as a result of a Unit Owner's delinquency in payment of any Assessments, said Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon)and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. (c) Upon the sale of a Home,the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Home pursuant to this or any other Section of this Declaration;rather,any such deposit or reserve account shall continue to be held by the Association for the credit of such Home,and the Home Purchaser shall succeed to the benefit thereof,and the Unit seller shall be responsible for obtaining from the Purchaser appropriate compensation therefor. 8.16.2 Working Capital Contribution.The Declarant may elect that the first Purchaser of any Home shall pay to the Association,in addition to other amounts due,an amount equal to two (2)months of monthly Assessments as a contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction of the Project or,to pay Declarant's contributions to Association reserves. 8.17 Exempt Property.The following property subject to this Declaration shall be exempt from the assessments created herein: 8.17.1 All properties dedicated to and accepted by a governmental entity; 8.17.2 All Common Properties; and However, the land or improvements, which are referred to in Sections 8.17.1 and 8.17.2 and which are devoted to dwelling use,shall not be exempt from said assessments. 8.18 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1,the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Home basis in such amounts F:\WPDATA\CDOC\1920\192406.DEC 23 r as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws,or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced.In any legal proceeding commenced pursuant to Section 9.1.1,the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Home basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws,or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced.Except with respect to legal proceedings to collect assessments or similar charges owed to the Association by an Owner or to enforce the provisions of this Declaration,neither the Association nor its Board may commence and prosecute litigation (or collect assessments in connection therewith)until first approved as provided in Section 8.3.3 after the owners have been provided a written explanation of the nature of such litigation, the reasons therefore,the expected result and the estimated cost thereof. 8.19 Commencement of Assessments.The Declarant in the exercise of its reasonable discretion shall determine when the Association shall commence making Assessments. Until the Association makes an Acutssment,the Declarant shall pay all Common Expenses. After any Assessment has been made by the Association,Assessments must be made against all Homes,based on a budget adopted by the Association;provided,until Class B membership terminates, the Board(whether appointed by Declarant or elected by Unit Owners)may elect not to collect monthly assessments calculated as provided in Section 8.3 and instead elect to collect and expend monthly assessments based on the actual costs of Common Expenses and Home Expenses(excluding reserves). ARTICLE 9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9.1.1 Compliance of Owner.Each Owner,Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association(as the same may be lawfully amended from time to time). 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 Association and the Owners), or by the aggrieved Owner on his own against the party(including an Owner or the Association)failing to comply. 9.1.2 Compliance of Lessee.Each Owner who shall rent or lease his Home shall insure that the lease or rental agreement will be in writing and subject to the terms of this Declaration, Articles of Incorporation,if any,and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9.1.3 Attorneys'Fees.In any action to enforce the provisions of this Declaration,the Articles or the Bylaws,the prevailing party in such legal action shall be entitled to an award for reasonable F:\WPDATA\CDOC\1920\192406.DEC 24 i F attorneys'fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action,in addition to taxable costs permitted by law. 9.2 No Waiver of Strict Performance.The failure of the Board,or Declarant or Declarant's managing agent,as applicable,in any one or more instances to insist upon or enforce the strict performance of any of the terms,covenants,conditions or restrictions of this Declaration,or of any Bylaws or administrative rules or regulations,shall not be construed as a waiver or a relin- quishment for the future of such term,covenant,condition or restriction,but such term,covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Property as to which such violation exists and to abate,correct and remove,at the expense of the.Owner thereof,any erection,thing or condition that may be or exists thereon contrary to the provisions hereof.Such entry shall be made only after three(3)days'notice to said Owner and with as little inconvenience to the Owner as possible,and any damage caused thereby shall be repaired by the Association.Declarant,its successors,or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative.The remedies provided are cumulative,and the Board may pursue them concurrently,as well as any other remedies which may be available under law although not expressed herein. ARTICLE 10 LIMITATION OF LIABILITY 10.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct,upon the basis of such information as may be possessed by such person,no such person shall be personally liable to any Owner,or other party,including the Association, for any damage; loss or prejudice suffered or claimed on account of any act, omission,error, negligence(except gross negligence),any discretionary decision,or failure to make a discretionary decision,by such person in such person's official capacity;Provided,that this section shall not apply where the consequences of such act,omission,error or negligence are covered by insurance or bonds obtained by the Board. 10.2 Indemnification of Board Members. Each Board member or Association committee member, or Association Officer, or Declarant exercising the powers of the Board, and their respective heirs and successors, 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 may be a party,or in which he may become involved,by reason of being F:\WPDATA\CDOC\1920\192406.DEC 25 or having held such position at the time such expenses or liabilities are incurred,except in such cases wherein such person is adjudged guilty of intentional misconduct,or gross negligence or a knowing violation of law in the performance of his duties,and except in such rases where such person has participated in a transaction from which said person will personally receive a benefit in money,property,or services to which said person is not legally entitled;PROVIDED,that,in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association.Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Home 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 him under and by virtue of the Declaration as a Member or Owner of a Home covered thereby. ARTICLE 11 MORTGAGEE PROTECTION 11.1 Priority of Mortgages.Notwithstanding all other provisions hereof,the liens created under this Declaration upon any Home for assessments shall be subject to tax liens on the Home in favor of any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Home.Where the Mortgagee of a Home,or other purchaser of a Home,obtains possession of a Home as a result of Mortgage foreclosure or deed in lieu thereof, such possessor and his successors and assigns, shall not be liable for the share of any assessment by the Associ- ation chargeable to such Home which becomes due prior to such possession,but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Home Owners including such possessor, his successor and assigns. For the purpose of this section, the terms "mortgage"and"mortgagee"shall not mean a real estate contract or the vendor,or the designee of a vendor thereunder,or a mortgage or deed of trust(or mortgagee or beneficiary thereunder) securing a deferred purchase price balance owed with respect to a sale by an individual Home Owner other than Declarant. 11.2 Effect of Declaration Amendments.No amendment of this Declaration shall be effective to modify,change,limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage.Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 11.3 Right of Lien Holder. A breach of any of the provisions, conditions, restrictions, covenants,easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Homes;provided,however, that any subsequent Owner of the Home shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. F:\WPDATA\CDOC\1920\192406.DEC 26 11.4 Change in Manner of Architectural Review and Maintenance Within Project; Insurance and Use of Proceeds.The Association shall not, without prior written approval of seventy-five percent(75%)of all first Mortgagees(based upon one vote for each first Mortgage owned)or Owners(other than the sponsor,developer or builder)of record by act or omission change,waive or abandon any scheme of regulations,or enforcement thereof,pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep of lawns and plantings in the development,including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices.If the first Mortgagee of any Home has so requested the Association in writing,the Association shall give written notice to such first Mortgagee that an Owner/mortgagor of a Home has for more than sixty(60)days failed to meet any obligation under this Declaration. Any first Mortgagee shall, upon written request,also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 11.6 Furnishing of Documents.The Association shall make available to prospective purchasers, Mortgagees,insurers,and guarantors,at their request,current copies of the Declaration,Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association,if any has been prepared. ARTICLE 12 EASEMENTS 12.1 Association Functions.There is hereby reserved to Declarant and the Association,or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration,or in the Bylaws,and rules and regulations adopted by the Association. 12.2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof,shall have authority to grant'(in accordance with applicable governmental laws • and regulations)utility,road and similar easements,licenses and permits,under, through or over the Common Area,which PasPments the Board determines are reasonably necessary to the ongoing development and operation of the Property. 12.3 Access to Public Streets.Each Owner and his guests and invitees shall have a perpetual, non-exclusive easement across the Common Areas and across all roadways constructed within the project,thereby providing access throughout the Property and to public streets.Unless otherwise expressly provided in this Declaration,any driveway or roadway or Private Access Tract which provides access for two or more(but less than all)of the Lots to any roadway or public street shall: (a) be owned by such Lots as equal undivided tenants in common; (b) be subject to a mutual,non-exclusive and perpetual easement in favor of such Lots to provide such access;and (c)shall be maintained jointly by such Lots,with each Lot paying an equal share of the cost of F:\WPDATA\CDOC\1920\192406.DEC 27 1 such maintenance. 12.4 Utility Fasements.On each Lot,easements are reserved as provided by the Plat Map and applicable laws,ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer,drainage,gas,and accessory equipment,together with the right to enter upon the Lots at all times for said purposes;provided in furtherance of the foregoing and not by way of limitation, an easement for installation and maintenance of facilities for surface water drainage is established across a 10—foot wide area along the front and rear boundary lines and a 2.5—foot wide area along the interior boundary lines(other than on a boundary line on which a dwelling has been constructed), of each Lot. Within these easements, the construction and maintenance of a structure,fence,planting,or other material or improvement shall be prohibited only to the extent that such construction or maintenance would: (a) damage or materially interfere with the installation and maintenance of utilities;or(b)change the direction of flow of drainage channels in the easements; or(c) obstruct or retard the flow of water through drainage channels in the easements;the easement area of each Lot,and all improvements shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 12.5 Project Entry Signs.On Common Area adjacent to a roadway entrance into the Project, and on such portion of said Common Area as determined by Declarant,the Declarant may at any time erect(and the Association as a common expense may thereafter maintain,repair and replace) such Project entry and identification signs(and landscaping, fencing and improvements relating thereto)as Declarant and the Association deem necessary and appropriate. 12.6 Encroachments. 12.6.1 If noted or depicted on the Plat Map,each Home shall have a non-exclusive perpetual easement over and across a such portion of an adjoining Lot(as more particular noted or depicted on the Plat Map) for purposes of maintaining, repairing and replacing the Home and improvements thereto;provided that any damage to said portion of said adjoining-Lot from the • use of said easement shall promptly be repaired at the Home Owner's expense. 12.6.2 Each Lot and all Common Area and Lot improvements are hereby declared to have a non-exclusive perpetual easement over all adjoining Homes, Lots(including setback areas)and Common Areas,for the purpose of accommodating any encroachment due to:engineering errors; or errors in original construction,reconstruction,or repair of any portion of a Lot;or construction carried out in accordance with applicable permits;or building overhang or projection(including • without limitation drains and footings);or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment. In the event a Lot, or Common Area improvement is partially or totally destroyed,and then repaired or rebuilt,the Owners agree that minor encroachments over adjoining Lots (including setback areas) and F:\WPDATA\CDOC\1920\192406.DEC 28 Common Areas shall be permitted,and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. In no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful act or acts with full knowledge of said Owner or Owners and are not otherwise expressly authorized by the provisions. 12.6.3 The foregoing easements and encroachments shall not be construed to be encumbrances affecting the marketability of title to any Lot. ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants.The covenants contained herein shall run with and bind the land for a term of twenty(20)years from the date this Declaration is recorded,after which time the covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument executed in accordance with Section 11.2 below shall be recorded, abandoning or terminating this Declaration. 13.2 Abandonment of Subdivision Status.The Association shall not,without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent(100%)of all first Mortgagees(based upon one vote for each first Mortgage owned)and Owners(other than the sponsor,developer or builder)of record,seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 14 AMENDMENT OF DECLARATION,PLAT MAP 14.1 Declaration Amendment.Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration"which sets forth the entire amendment.Except as otherwise specifically provided for in this Declaration, any proposed amendment must be - - approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if sixty-seven percent(67%)of the Owners vote for such amendment,or without any meeting if all Owners have been duly notified and sixty-seven percent (67%)of the Owners consent in writing to such amendment.In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted,and shall be acknowl- edged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices.In addition to the amendments set forth in Article 11, any amendment to a provision of the Declaration establishing,providing for,governing or regulating the following shall require the consent of sixty-seven percent(67%) of the Owners and sixty-seven percent(67%)of the mortgagees and the consent of the Declarant (so long as Declarant owns any Homes): voting; assessments,assessment liens or subordination F:\WPDATA\CDOC\1920\192406.DEC 29 of such liens;reserves for maintenance,repair and replacements of Common Areas;insurance or bonds;use of Common Areas;responsibility for maintenance or repairs;expansion or construction of the Project or the addition,annexation or withdrawal of property to or from the Project;boun- daries of Homes; converting of Homes into Common Areas or vice versa; leasing of Homes; provisions for the benefit of the Declarant;provisions for benefit of first mortgagees,or holders, insurers or guarantors of first mortgages; the interests in Common Areas;or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell,transfer or otherwise convey a Home;provided,that a mortgagee who fails to respond in writing within thirty(30)days of a written request to approve an amendment shall be deemed to have approved the request.It is spaifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. 14.2 Plat Map.Except as otherwise provided herein,the Plat Map may be amended by revised versions or revised portions thereof referred to and described as to effect in an amendment to the Declaration adopted as provided for in Section 14.1.Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county office in conjunction with the Declaration amendment. 14.3 Conform to Construction.Declarant,upon Declarant's sole signature,and as an attorney- in-fact for all Home Owners with an irrevocable power coupled with an interest, may at any time, until all Homes have been sold by Declarant,file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.4 Conform to Lending Institution Guidelines.So long as Declarant continues to own one or more Homes,Declarant,on his signature alone,and as an attorney-in-fact for all Home Owners with an irrevocable power coupled with an interest,may file such amendments to the Declaration and Plat Map as are necessary to meet the then requirements of Federal National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies,institutions or lenders financing and/or title insuring the purchase of a Home from the Declarant. 14.5 Declarant Powers.Declarant,upon Declarant's sole signature,and as an attorney-in-fact for all Lot or Home Owners with an irrevocable power coupled with an interest, may at any time, until all Lot or Homes have been sold by Declarant, file such amendments to the Master Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 17 or any other provision of the Master Declaration. 14.6 Amendments Affecting Special Rights.Any amendment to this Declaration which would F:\WPDATA\CDOC\1920\192406.DEC 30 affect a right, power, duty or obligation which is exclusively granted to or imposed upon a specific"person or class"shall require the consent of the"person"or sixty-seven percent(67%) of the members of that"class".A"person or class"shall mean: the Declarant;Home Owners; or institutional first Mortgagees. ARTICLE 15 INSURANCE 15.1 Insurance Coverage The Board shall obtain and maintain at all times a policy or policies and bonds of liability insurance and of property insurance which shall include at a minimum: 15.1.1 Common Area Casualty.Fire Insurance with extended coverage(including vandalism, malicious mischief, sprinkler leakage, debris removal, windstorm and water damage endorsement), in an amount equal to the full insurable current replacement value (without deduction for depreciation and exclusive of land,foundation,excavation and other items normally excluded from coverage)of the Common Areas(and Common Area improvements and personal property owned by the Association).Such insurance shall include within its coverage all portions of the structures,including all structural interior components,but shall not be required to include the personal property of any Owner.The Association shall be named as insured.Nothing herein shall preclude the Board from obtaining such other fire and casualty insurance as the Board shall determine to give substantially equal or greater protection. 15.1.2 Liability. General comprehensive liability insurance insuring the Board, the Association, the Owners,Declarant and managing agent against any liability to the public or to the Owners of Homes, and their invitees, or tenants, incident to the ownership or use of the Common Areas(including but not limited to owned and non-owned automobile liability,water damage, host liquor liability, liability for property of others and, legal liability arising out of lawsuits related to employment contracts or the Association),the liability under which insurance shall be in an amount determine by the Board after consultation with insurance consultants,but not less than One Million Dollars($1,000,000.00)covering all claims for personal injury and/or - " 'property damage arising out of a single occurrence(such policy limits to be reviewed at least annually by the Board and increased in its discretion). Such insurance shall contain appropriate provisions or endorsements precluding the insurer from denying the claim of an Owner because of the negligent acts of the Association or another Owner. 15.1.3 Workmen's Compensation.Workmen's compensation insurance to the extent required by applicable laws. 15.1.4 Fidelity Bonds.Fidelity bonds naming the members of the Board,the manager and its employees and such other persons as may be designated by the Board as principals and the Association as obligee, in an amount equal to at least one hundred fifty percent(150%)of the estimated maximum funding, including reserve funds, in the custody of the Association or management agent at any given time during the term of each bond;provided that in no event shall F:\WPDATA\CDOC\1920\192406.DEC 31 • • the aggregate amount of such bond be less than three(3)months aggregate assessments for all Homes plus reserves. Such fidelity bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definitions of"employee" or similar expression. 15.1.5 Personal Property.Insurance against loss of personal property of the Association by fire,theft and other losses with deductible provisions as the Board deems advisable. 15.1.6 Other Insurance.Such other insurance as the Board deems advisable;provided,that notwithstanding any other provisions herein,the Association shall continuously maintain in effect such casualty,flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Government National Mortgage Association,Federal Home Loan Mortgage Corporation,Federal Housing Authority, Veteran's Administration, or other governmental or quasi-governmental agencies involved in the secondary mortgage market,so long as any such agency is a mortgagee or Owner of a Lot within the project,except to the extent such coverage is not available or has been waived in writing by such agency. 15.1.7 Home Insurance. Fire Insurance with extended coverage (including vandalism, malicious mischief, sprinkler leakage, debris removal, windstorm and water damage endorsement), in an amount equal to the full insurable current replacement value (without deduction for depreciation and exclusive of land,foundation,excavation and other items normally excluded from coverage)of each Home(and the Home Lot improvements). Such insurance shall include within its coverage all portions of the structures, including all structural interior components, but shall not be required to include the personal property of any Owner. The Association shall be named as insured. Nothing herein shall preclude the Board from obtaining such other fire and casualty insurance as the Board shall determine to give substantially equal or greater protection. 15.2 Owner's Additional Insurance.Each Owner shall obtain,at his own expense,additional insurance-respecting: the contents of his Home; any portion of such Home not covered by the policies obtained under Section 15.1;and the Owner's liability incident to the ownership or use of such Home and Lot. 15.3 Insurance Proceeds.Insurance proceeds, from policies obtained by the Association,for damage or destruction to any part of the Property shall be paid to the Board on behalf of the Association which shall segregate such proceeds from other funds of the Association for use and payment as provided for in Article 16.The Association acting through its Board shall have the exclusive authority to settle and compromise any claim under insurance obtained by the Association and the insurer may accept a release and discharge of liability made by the Board on behalf of the named insureds under the policy. 15.4 Additional Provisions.The Board shall obtain insurance policies and bonds which: F:\WPDATA\CDOC\1920\192406.DEC 32 6 I T. 15.4.1 Provide that the liability of the insurer thereunder shall not be affected by,and that the insurer shall not claim any right of set-off, counterclaims, apportionment, proration, or contribution or accrssment by reason of,any other insurance obtained by or for any Owner or any mortgagee; 15.4.2 Contain no provision relieving the insurer from liability for loss because of any act or neglect that is not within the control of the Association or because of any failure of the Association . to comply with any warranty or condition regarding any portion of the premises over which the Association has no control; 15.4.3.Contain a waiver of subrogation by the insurer as to any and all claims against the Association,the owner of any Home and/or their respective agents,employees or tenants,and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. Despite any provision giving the insurer the right to restore damage in lieu of a cash settlement such option shall not be exercisable without the prior written approval of the Association,or when in conflict with the provisions of any insurance trust agreement to which the Association is a party,or any requirement of law. 15.4.4 Contain no provision(other than insurance conditions)which prevent mortgagees from collecting insurance proceeds. 15.4.5 May not be cancelled or modified substantially without at least ten (10) days prior written notice to the Association and each holder of a first mortgage listed in the insurance policy as a scheduled holder of a first mortgage. 15.4.6 Contains,if available,an agreed amount and Inflation Guard Endorsement. 15.5 Cost of Insurance. The cost of insurance obtained pursuant to Article 15 shall be a Common Expense. ARTICLE 16 • . " - DAMAGE OR DESTRUCTION: RECONSTRUCTION 16.1 Common Areas.In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available.If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a Special Assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds,in addition to any other Common Assessments made against such Lot Owner. 16.2 Homes 16.2.1 Reconstruction.In the event of damage or destruction by fire or other casualty, for F:\WPDATA\CDOC\1920\192406.DEC 33 9 1 Y which the Association must maintain insurance under Section 15.1.7,to any Home,the Board(or if it so designates, the Owner thereof) shall, upon receipt of the insurance proceeds,repair or rebuild such damage or destroyed portions of the Home in a good workmanlike manner substantially the same as the original plans and specifications of said Home.In the event that the Board shall designate the Owner as the party to repair or rebuild the Home, the Association shall nonetheless hold all insurance proceeds in trust and shall distribute funds from time to time to pay for work found acceptable to that date, as would a commercial lender in the normal course of business. - 16.2.2 Insufficient Insurance Proceeds to Complete Reconstruction.In the event proceeds of insurance shall be insufficient for any reason to adequately complete the reconstruction or repair of any Home, the amount of such insufficiency shall be allocated prorata among each of the Homes included within the Project as a Home Expense.Such amount shall be treated and collected as a special assessment pursuant to Article 8 hereof. ARTICLE 17 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 17.1 Annexation by Declarant.Although not obligated to do so,Declarant reserves the right to develop as a residential project Additional Lands which would be in addition to the land described in Exhibit"A." Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Property without the assent of the members of the Association. 17.2 Non Declarant Annexations.Annexation of additional properties(other than Declarant annexations provided for in Section 16.1 hereof)shall require the assent of two-thirds(2/3)of the members of the Association attending a meeting duly called for this purpose,written notice of which shall be sent to all members not less than thirty(30)days or more than sixty(60)days in advance of the meeting setting forth the purpose of the meeting. At this meeting the presence of members or of proxies entitled to cast sixty percent(60%)of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting,another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall • be one-half(' )of the required quorum of the proceeding meeting. No such subsequent meeting shall be held more than sixty(60)-days following the preceding meeting.In the event two-thirds (2/3)of the members are not present in person or by proxy, members not present may give their written consent to the action taken thereat.Until all Class B membership terminates,annexation of Additional Properties under this Section shall also require the prior written approval of the Declarant. 17.3 Common Areas Within Divisions.Common Areas within a Division subsequently annexed to the existing Property shall be available for the common use of all Owners of Homes within such subsequently annexed Division as well as within the existing Property.Likewise,Common Areas within the existing Property shall be available for the common use of all Owners of Homes within the existing Property as well as within such subsequently annexed Divisions. F:\WPDATA\CDOC\1920\192406.DEC 34 I t ARTICLE 18 MISCELLANEOUS 18.1 Delivery of Notices and Documents.Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given,shall be deemed to have been delivered and received forty-eight(48)hours after a copy thereof has been deposited in the United States mail,postage prepaid,addressed as follows: (a) If to an Owner,other than Declarant,to the registered address of such Owner,as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, the address which Declarant shall have advised the Board in writing. (c) Prior to the organizational meeting, notices to the Board shall be addressed to the address set forth in(b)above.Thereafter,notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association.In addition,from and after the organizational meeting,notice of the address of the Association shall be given by the Board to each Owner,within a reasonable time after the Board has received actual notice of such Owner's purchase of a Home. 18.2 Conveyances; Notice Required. The right of an Owner to sell, transfer, or otherwise convey his Home 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 Home shall deliver a written notice to the Board,at least two(2)weeks before closing, specifying: the Home being sold; the name and address of the purchaser,of the closing agent, and of the title insurance company insuring the purchaser's interest; and the estimated closing . date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale.The Board shall have the right to notify the purchaser, the title insurance company,and the closing agent of the amount of unpaid assessments and charges outstanding against the Home; whether or not such information is requested. 18.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs,personal representatives, successors and assigns of Declarant,and the heirs, personal representatives,grantees,lessees, sublessees and assignees of the Owners. 18.4 Joint and Several Liability.In the case of joint ownership of a Home, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several. F:\WPDATA\CDOC\1920\192406.DEC 35 18.5 Mortgagee's Acceptance. 18.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said mortgage. 18.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title of any Home until said Mortgagee shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Homes from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and the status of the Homes remaining subject to its Mortgage as well as its acknowledgement that such appropriate arrangements for partial release of Homes has been made;provided,that,except as to Homes so released,said mortgage shall remain in full effect as to the entire Property. 18.6 Severability.The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 18.7 Effective Date.The Declaration shall take effect upon recording. 18.8 Governmental Right of Access. All governmental and quasi-governmental entities (including without limitation public and private providers of utility services)shall have rights of access, maintenance and inspection for the open space area, any drainage facilities or utility systems contained therein,or other matter of their respective jurisdiction. ARTICLE 19 PARTY WALLS 19.1 General Rules of Law Apply Each wall which is built as a part of the original construction of the Homes upon the Property and placed on the dividing line between the Lots shall constitute a party wall,and,to the extent not inconsistent with the provisions of this Article,the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 19.2 Sharing Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 19.3 Destruction by Fire or Other Casualty F:\WPDATA\CDOC\1920\192406.DEC 36 • v , t I If a party wall is destroyed or damaged by fire or other casualty,any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice,however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 19.4 Weatherproofing Notwithstanding any other provision of this Article, an Owner who, by his negligent or willful act, causes the party wall to be exposes to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 19.5 Right to Contribution Runs.with Land The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 19.6 Arbitration In the event of any dispute arising concerning a party wall,or under the provisions of this Article,each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator,and the decision shall be by a majority of all the arbitrators. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first hereinabove written. DECLARANT: [3] By: Its: notary acknowledgement F:\WPDATA\CDOC\1920\192406.DEC 37 4 f. } DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF BLUEBERRY LANE Exhibit A-Legal Description • F:\WPDATA\CDOC\1920\192406.DEC 38 BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, January 21, 1998 5th Floor Conference Room IN ATTENDANCE: Jim Hanson, Chairman Larry Meckling, Building Official Dave Christensen, Utilities System Jim Gray, Fire Prevention Arneta Henninger, Plan Review Mickie Flanagan,Recording Secretary VISITORS: Ed Foster, Catholic Community Services Dick Gilroy, Blueberry Lane MINUTES 1. CALL TO ORDER: Chairman Hanson called the meeting to order at 8:30 a.m. 2. APPROVAL OF MINUTES: MOVED BY CHRISTENSEN, SECONDED BY GERBER, to approve meeting minutes dated, January 13 & 14, 1998 with the following correction: That the opening/closing time be eliminated from AUDIENCE COMMENTS in the January 13, 1998 minutes. MOTION CARRIED. 3. REQUESTED ACTION: • VARIANCE, Burnett Ave Family Housing, 633 Burnett Ave S - applicant requests a variance to the Underground Ordinance for the installation of overhead lines. Discussion: Following a brief discussion,the Board suggested that Catholic Community Services contact Puget Power and investigate the possibility of having a pole-mounted transformer installed on the pole at the southeast corner of the property for underground service. This would also allow for a play area in front of the development for the children, as requested. If the abovementioned option is not available, it was further suggested that the applicant provide a justification for a hardship when they re-schedule with the Board, such as a cost comparison. Action: MOVED BY CHRISTENSEN, SECONDED BY GERBER to Table this request until applicant has an opportunity to meet with Puget Power. MOTION CARRIED. • OFF-SITE DEFERRAL, The Orchards Sector G Plat, Blueberry Lane, LUA 97-169, Duvall Ave NE and NE 6th St - applicant requests a deferral for the final lift, sidewalks, street lighting, landscaping and fencing. Discussion; Applicant Mr. Dick Gilroy, summarized the status of this portion of The Orchards development. Seventy percent of the fencing is in and a section is missing to allow for pending sewer work that requires access. The street light poles and street signs should be available February 1, 1998. Action: MOVED BY CHRISTENSEN, SECONDED BY MECKLING to approve deferral request for on-site improvements, subject to the following conditions: 1. to defer final lift on the entire project until May of 1999, subject to final inspection and subsequent repair of initial lift of asphalt and subgrade;AND posting of a security device with the city in the amount of$19,960; 2. that landscaping on the entire project be deferred until May of 1999 subject to the posting of a security device in the amount of$22,275; 3. to defer street lighting until March 31, 1998 subject to the posting of a security device with the city in the amount of$41,850; 4. to defer fence completion until March 31, 1998 subject to the posting of a security device with the city in the amount of$7,905; and 5. that sidewalks from Duvall along the south side of NE 6th up to Building #2 (Lots 3,4,5)will be completed prior to the opening of models, projected to be mid March 1998. The remaining sidewalks to be completed in a continuing manner in the front of each building (combining 3 or 4 lots each) in conjunction with the completion of each building and prior to occupancy. 100%of the sidewalks to be completed prior to January 15, 1999; subject to the posting of a security device with the city in the amount of$3,150. MOTION CARRIED. 4. REFERRALS FROM CITY COUNCIL: None 5. COMMENTS AND ANNOUNCEMENTS: The next meeting will be at 8:00 a.m. instead of 8:30 a.m. to accommodate scheduling. The Board Coordinator briefed members on a future project with Chris Halstrom, and obtained an agreement to send the Carlson Short Plat deferral request through a Consent Agenda process. 6. CONSENT AGENDA: None 7. ADJOURNMENT: The meeting adjourned at 8:55 a.m. CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: December 10, 1997 TO: Kayren Kittrick FROM: Sonja J.Fesser SUBJECT: Blueberry Lane,LUA-97-169,PP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced long plat submittal and have the following comments pertinent to final plat approval: Note the city's land use action number(LUA-97-169-FP)and the city's land record number(LND-10- 0332)on the drawing. Provide bearings to center for all non-tangent curves at the points of intersection along the boundary of Tract 106. The geometry will be checked when this information is provided. Provide plat and lot closure calculations. Note discrepancies between bearings and distances of record and those measured or calculated,if any. Noteithererestrictive that if are covenants or agreements to others as part of this subdivision,they can be recorded concurrently with the plat. The plat drawing and the associated document(s) are to be given to the City Clerk's office as a package. The plat shall have the first recording number. The recording number(s) for the associated document(s) will be referenced.on the plat in the appropriate location(s). Note to whom new easements,if any,are to be granted(private or City-held). Indicate what is,or will be,set at all corners of the proposed lots. An updated plat certificate is needed(dated within 45 days of Council action on approval of the plat). Addresses for the proposed lots are shown on the attachment and need to be noted on the drawing. Complete City of Renton Monument Cards,with reference points for new right-of-way monuments. Fee Review Comments: The Fee Review Sheet for this final review is provided for your use and information. . . .1 ,L))=-. .ev ___ F'iREST CRESTE APATHENTS •V'., TRACT E, NI/' 2"w CPEN&PACE 13:0 6, Loki\ . • ,,,,,.. .7.; 5,, •-- , \ 4°' 11 .1%, 22 110 , . 6, • ,,, 'II,. ITC V,. -I r-- -,U(M.,—-.1 . .c9.° 1 &' rt-I ii T-111it' A•I. -.__mr1 ' I Ale .4^,t71,---cr. \----ULTI,-__lc 'Eximimisni. •°.4 . irl.4,41 'v. IIMIIE. . i It Sak ' 1 n \-1\.. ..I . At 4 711 i i r'• , 7) - ....--.--.‘ - 4 vs., • ,--l• I ‘,.;', , •.11,-, : (--- itri . t r rs. t OPEN&PACE , e. illialal 1 ' j;°. t z,,L_I•_-'11 ' ,,, ' 165050 sr ' - V 1 111 ' 4 .........fi '39 Alf • .5."p /7 11•r 4 .0 all 15 IV- CI•1 -,. re 5tri I? 1' .' ( 42 litket.Willr ' 11 -il..1V Or4.101, "L‘ / ;-1-‘I Ci•l'VIII5 s.5 TRACT)C "WI 2155 sr // 1 1/625.r c•••ONCE : ''',5./ N" Tairi&lincide . // .....-..'" laLlifttass .. _, , 4 ',../ ‘66....- -116\14" _J _ ser ..- . ' .' 1 .0.1 leilritgit "114%k. TRACT 8- .... . . ' '' ipelr 1 it---$.144"•..,,, / 4,(0.,' 36 . i' ir / ' .:. • 35.6r sii •-•-•... : :rt. . • / '• C\ .,...1214.r°‘''"I •I:. ,.% 7.;44- -41r4VIj3g • i' aftpisis___ ' TP..!!CT E • biling "------4 33:4;24.0 or I i . 09 1060. 0:41 flj 0 r• WO 520 MILANO OW tO * -0/Ff' ISMNDARY \\.... gavo. . .1. , _,. . . . • 1..,.. n ir ; 0......r 50'11E7L4.140--N ;L.; , Aticirilipt7i .r ...FE,. r-t. .I •1 , t ..,..u,_, e .,#0.:‘,,VA *491 6, 2191.1 ' .... EME•LGENCT VEt4CLE ACCESS V4AN4WWW 1 'I 1 5312• _ _ V.StoNtot***** 4-—— ——- ———-I 1--- -- --- ----I 3% 21 21 56 NetrerVIVW : 31 11 43 60601' SECTORG ItElAFORCE0 -- 1101.L4W5 t PROPERTY SERVICES FEE REVIEW FOR SUBDIVISIONS No. 97- o I a" . APPLICANT:_11 I...lYVA -. .pbel: TI c,--7 RECEIVED FROM tde ,cF�/q7 /(d9te) JOB ADDRESS: G,Oc, -bUV,&l 4,VI=1`4VE. l.l>. r WO# NATURE OF WORK: 57 UB�.n�G1+,a,1��S -i-rnR Y LALI LND 11 IO -Q,9Cj3 PRELIMINARY.REVIEW F S DIVISION BY LONG PLAT, NEED MORE INFORMATION: .. .. ❑ LEGAL DESCRIPTION VSHORT PLAT,BINDING SITE PLAN,ETC. 0 PID''s ❑ VICINITY MAP FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES 0 SQUARE FOOTAGE 0 OTHER PRELIMINARY FEE REVIEW DATED 4/gq7 ❑ FRONT FOOTAGE SUBJECT PROPERTY PARENT PID' lo?3CD -406.,3 N NEW KING CO.TAX ACCT.#(s)are required when . assigned by King County. 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(i.e.underground utilities,street improvements,etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. ❑ The existing house on SP'Lot' ,addressed as has not previously paid SDC fees,due to connection to City utilities prior to existence of SDC fee Ord. SP Lot// will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. 1 I„�64QALy, We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review i again before recordation. The following quoted fees do NOT include inspection fees,side sewer permits, r/w permit fees or the cost of wate meters. � SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF AISSESSMENT_—ASSESSMENT N \ '' DISTRICTS NO. NO. ASSESSMENT TS OR- E` Latecomer Agreement(pvt)WATER c}'/OBI Z.rie , 3 2 ,4 zns6T •.F*�zr_,J,c.l Latecomer Agreement(pvt)WASTEWATER 91 p 5 z 7 rr 65-, 3 Z /37.'Z T2 Latecomer Agreement(pvt)OTHER 1 N Special Assessment District/WATER W.cbT i-Jj-ou I 000e- L31.6.2,7UU1T 57 3,2.02.E Special Assessment Diistrict/WAST ATER "yamr "G 1� i N Joint Use Agreement(METRO) Local Improvement District • Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS I ' SYSTEM DEVELOPMENT CHARGE-WATER 0 Estimated 'OF UNITS/ ( DC FEE ❑Pd Prey. ❑ Partially Pd(Ltd Exemption) VI Never Pd SQ.FTG. ' Single family residential$850/unit x 57 P14) ,= ) 450 Mobile home dwelling unit$680/unit in park T:4-'ztr C9r7o)7-.c Apartment, Condo$510/unit not in CD or COR zones x ' 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(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER 0 Estimated ' ❑ Pd Prey. 0 Partially Pd(Ltd Exemption) rx Never Pd Single family residential$585/unit x r� I 57 � :�,�45 t/ Mobile home dwelling unit$468/unit x Fr:71R Ce:r/01a j Apartment, Condo$350/unit not in CD or COR zones x Commercial/Industrial$0.078/sq.ft.of property x(not less than$585.00) SYSTEM DEVELOPMENT CHARGE-SURFACEWATER ❑ Estimated 0 Pd Prey. ❑ Partially Pd(Ltd Exemption) 121. Never Pd - Sin:le family residential and mobile home dwelling unit$385/unit x 5"7 /11).I 945 '7 All other properties$0.129sq ft of new impervious area of property x `0E C , 0g70129 (not less than$385.00) PRELIMINARY TOTAL $ I I , 9- e.3-4-' �1 . , at i.C�fhJ .4/9/g7 6 Signature o Revi g Authority � po A V'I1.144— I.SD3 Ia/Io,7 0 ❑ "If subject property is within an LID,it is developers responsibility check with the Finance Dept. for paid/un-paid status. ❑ Square footage figures are taken from the King County Assessor's map and are subject to change. n e ❑ Current City SDC fee charges apply to *-1-4-+E ,bl-�-I oLJ4..l.- o c:/tem late/fcea 1/ b EFFECTIV�j Jul 16,1995/Ord.Nos.4506 4507,4508 4525,and 4526 IUD")'T'CI\ `( f 0 57 -Qr ( AJ1>AI-1�R `l'/Z1197) W1LL SE * I.44 ) bFi I-12)AY fl- la SAID F IS j'Al D R)RE 4 21 , -1 •1• iL 1 E5T 4.rn ULrr-t)uE WILL.... -b>=ct- >�.�S�t 8Y $ I.4.4.. City.. ,;enton Department of Planning/Building/P . Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:Flo, ReAkpifion COMMENTS DUE: DECEMBER 8, 1997 APPLICATION NO: LUA-97-169,FP DATE CIRCULATED: NOVEMBER 25, 1997 APPLICANT: NORTHWARD HOMES(RICHARD GILROY) PROJECT MANAGER: Kayren Kittrick PROJECT TITLE: BLUEBERRY LANE WORK ORDER NO: 78307 LOCATION: Duvall Avenue NE and NE 6th Street SITE AREA: 9.17 Acres I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: Plat with 57 attached townhomes on 9.17 acres, includes paving, sidewalk, curb and gutter, storm, sanitary sewer and water improvements in the vicinity of Duvall and Sixth Street. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation LandrShoreline Use Utilities 1 Animals Transportation Environmental Health Public Services Energy/ Histork/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet V A B. POLICY-RELATED COMMENTS xi W RENTON FIRE DEPT. FIRE PREVENTION BUREAU NOV 2 5 1997 RECOVER, C. CODE-RELATED COMMENTS zcL' -,9"-it en 61A-X We have re "ewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additi,nal information is n` -d to properly assess this proposal. It Signat .1 Director or Authorized Repr sentative Date /OM 7 DEVAPP.•AC Rev.10/93 / (vY O. O CITY OF RENTON �N�o� FIRE PREVENTION BUREAU MEMORANDUM DATE: December 2, 1997 TO: Kayren Kittrick, Engineering Specialist 3 FROM: Jim Gray, Assistant Fire Marshal AY SUBJECT: Final Plat Blueberry Lane, Duvall A . NE 86 NE 6th St. Fire Department Comments: A. Final review indicates that the following corrections need to be made. 1. The southern part of NE 5th Street serving lots 17 thru 22 shall be widened to meet City Street Standards, minimum 28 feet. 2. Bollards are not allowed on required Fire Access roadways, as mentioned in Dodds Engineers letter of October 28th. Gate or chain and padlocks are the approved method of limiting every day access. Please feel free to contact me if you have any questions • t-dob _- : '- CI7 _`i OF.RENTON ° Planning/Building/Public Works Department Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor • • November 25, 1997 Mr. Kevin Vanderzanden, P.L.S. Dodds Engineers, Inc. 4205- 148th Avenue NE, Suite#200 Bellevue, WA 98007 SUBJECT: Blueberry Lane • Project No. LUA-97-169,FP Dear Mr. Vanderzanden: ;:• :;.::'." The Development Planning Section of the City' of Renton has determined that the subject application is complete according ,to,submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. . Please contact me, at (425) 277-4499, if you have any questions. • Sincerely, .01aAA,Qhv ` k±ksaik- • KayrN Kittrick Project Manager . • • cc: Mr. Richard Gilroy/Northward Homes . • • "Arran TR fxlf`" " 200 Mill Avenue South-Renton, Washington 98055 tv �$ as: • }i }i'::j":1•:.i:•}s4:...:1::::. :. :::4}::} :{^:}:v:}:}:•}} ..: .:::.:�.: v:}.::.^:{•:.:�}:•:::}::.y:.:...: :•.<:".}}•v:.:..:....:..'..:.}y;w::.�:::.�:::.i}:. !i'r:::}.L::.::::::::.}4}:}}:v::t..... ...�:-..: : ::::;i: ;;isis:':it::i::i>::>:::5:::::': :: ::>?s�'E::if::::�:+•:::?:sEEE::EiiEE;:#: DVE OPME;}a• F.tv. CE a..;< ;IS ? '> miliii>< ><' ' < ?v::i :. <>'€< `';'< ? ::.:::::} . • }}}:.>: >»•.::::>:.»»»»:::::.:>::>.> :<:::>} :::<::>:.»::::::>::>::�};:.:'::::::}'.}: ..... .... .E\L LO...M N.T.S.ERUC�ES..QIVISI .................... ....... ... .. ..................... y i::ti '�'�{isj$j;is::::::::}:�::':•:'::vS:��:C4'•}:•.:ji:!ri:::v i::j'i:<i<ti{:j::}"1��••• v..2.t{.. } t:}{•:{4}.}}:{i ;}i;':v:}:•:2•:�:•:?:{�:{}:{�:t{{4: ;:C{.'{.};:::::t{¢•::::•:J:}::v4':.:iii::i.}:;i ii:`C�}:Y;<}Y}::4:i:},•i:•::;}::i:4.4:•}}:•}:: }:•iiiii:�iii:vi?SY::Yj:}ii}i Y:iiiiiY:.:ii:.}y;y. Note:;;if there ls;;more than;on•e..(algal;;ow.ner;;;,please!attach:;an;addit onal„. ::i motanied:.Master:Application.for.:each.o:w'ner :. PROJECT OR DEVELOPMENT NAME: NAME: Blueberry Place Corr¢nunities, L.P. Blueberry Lane A Washington Limited Partnership _ . • PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS.: 1560 140th N.E., Suite 100 East of Duvall Avenue N.E. at N.E. 6th•St.' CITY: Bellevue, ZIP: 98005 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): ' • .•102305- 9034 -07 102305- 9043 -06 • TELEPHONE NUMBER: EXISTING LAND USE(S): (425) 747-1726 ProtectPri Wetlands, Storm Detention, andVacant. ... • .... .......................':.::CA,N.T:.:.ii.f...ofher..::than, own.e.r..):::::::.:::::::::::::.. PROPOSED LAND USES: • NAME: 57 Attached townhouses. • ' Richard A. .Gilroy, Pres. COMPANY-(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Northward Homes, Inc. • RPN ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): 1560 140th N:E., Suite 100 • N/A . CITY: ZIP: EXISTING ZONING: Bellevue, WA 98005 • R-14 with Demonstration Ordinance TELEPHONE NUMBER: (425) 747-1726 PROPOSED ZONING (if applicable): R-24 D with emonstratio n Ordi Hance R�������<���'������ ONTACT PERSON�}:•}}+}>:•}:•}>•: ...........::.::::....:::.:..::::..:.:::.......::::.::...:..:..::•::.>:;:::..::..::;::i;:t::;:::<::;;:.;: CITY OF RpEN 01J ....... . ...:........:..,::.::............. SITE AREA (SQ. FT. OR ACREAGE E I E E E 0 NAME: • Kevin J. Vanderzanden, P.L.-.S... 9.17 acres OCT 3 0 1997 ` COMPANY(if applicable): 'I+ PROJECT VALUE: BUILDING ; '! '';-'1! Dodds En ir�eers Inc. .� q •, • . , ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA?. 4205 148th Ave. N.E. , Suite 200 • Yes; Zone 2. ! CITY: Bellevue; ZIP: 98007 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY i SENSITIVE AREA? • • TELEPHONE NUMBER: (425) 885-7877 . i:>:>::> ::::>.......... .ES RIP ::< F::: .ROPE THY:::: ... ... .. .;: .::... :... ...... .. ....:.>::::::::<:::<::: ......................................... ... .. ...... . :C.... N..O..:::P.... ..::. R: .:.::.:.(.Atta.ch°<: a .ar >: fee..::>i ::::ne ss�r:..:: : :•;>,: :;:::�::..:.:<:.:•<>.:;::<.>: See Attached ,j • •r • 'I ;t, . <.;,Oiii ..•'F A'PPLI "ATION ;:• ``,.E:.:.><;:•::ii< :M'>i N ' '>' :$1$i `<>` < i€::i isii:i:'><:>':i::::>;;•:;::;:::,, .. C ..................................................................... ...................T.1(.P. .4 .::.�A... ... A....O... ...&,..F.EE.S ... . .. :<>:...C c ..a l .a . l o:n::� . �e :>: h . : t. :::�.>�) :.:::: . ff<:w I < �r:.. I .: �::>:: � � .;:::::<>:::::::<:::::>:<:::>:::<:»<::::>:>::>:«:::�>:>:<:::::<::<:>::::><:»><>:>�::>:><>:. cat t .. a lm n .. .. ....e....... ..... .�..... .. . .......... .. .s..t..at...a . .. ......C..t. ...sta............1..�...�...te...........e...fe.es.,::.�,.:::::::::::::.::::::::::..�:..::::::::: . _ANNEXATION . $ SUBDIVISION: . •• _COMP. PLAN AMENDMENT $ _REZONE $ . LOT LINE ADJUSTMENT $, •• • • • ,• • '' • _SPECIAL PERMIT $ _ SHORT PLAT - $ • :I . TEMPORARY PERMIT $ _TENTATIVE PLAT $ =N - _ CONDITIONAL USE PERMIT $ _ _ PRELIMINARY PLAT $ .V ' • _ SITE PLAN APPROVAL • $ .L FINAL PLAT • $ l pc0. ' ' _GRADE & FILL PERMIT $ • (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ ' s. _VARIANCE $ (FROM SECTION: ) _ PRELIMINARY , _ WAIVER $ FINAL • ' _WETLAND PERMIT $ — _ ROUTINE VEGETATION MOBILE HOME PARKS: $ 11 MANAGEMENT PERMIT $ • ' _ BINDING SITE PLAN $ . ; • • • ,, • SHORELINE REVIEWS: , • . _ SUBSTANTIAL DEVELOPMENT $ :,; • • _ CONDITIONAL USE $ . ••. VARIANCE $ ; _ EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ • _ REVISION $ . ;;:;::V .',;;;•:. E.'.O.WR::.H:;::, INNi 5 ' `''2'< '`'?l? `>' `S t'' '< '2< 2' 2'l'' ' ` ><''i>`<'<`gFFIDA ITN ...... ................. .. ...................... . .......... I, (Print Name)[' •9-rrel c declare that I am (please check one) the owner of the property involved in this application,_the'''•'r,' :,t . ' authorized representative to act for the SioPerty owner(please attach proof of authorization), and that the foregoing'statements and answers herein;: contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief.,.., , •.', - l `'�\\N‘��%` • I /a , `� P. �Q ITTEST: Subscribed and sworn to 9efore me, a Notary Public, in and,.',::C Jal i��,� f th State of �)� residin at 1 'iil (Name o. • . er/Repr-'e. :, _,- e'',> 9: t//e v -lie , on the /fay of I; wow � .*.._ i y + _ j7• , 1 Signature of Owner/Represents a' e) �� .° `� �1/ 1 �'''I's•'``' `( `gtrature of Notary Public) •, q,i Op gl r,,��.�a .;. s e `E<:1 »..:: : .. C .. t; . •: �JTs cto .itbe'coml te >b` Saff1: ` > �:<« <: �' << > '' ���' : :> � :� ���: Ic • .... . ........0 KIIe.Number... . . . .. •. . . ..... CF ..SANR ; SHPL .. GU .. LA...PP.. .;TP ::SR<:><:RUMP> ::;U: . .:. ::<>;:::• :Dr:;<: .... ..... S H S C ::;::A ..EE >>:>::T,TALE• STA : V • :: :.:>:<>: »:: »::>:; .:.: :: ::,:;:::TOT. L.F S ... .. . � :;:::.>:;»>:; 0.... ....0. TAGE PRO ID D • MASTERAP.DOC REVISED 9/96 i w , • DODDS ENGINEERS, INC. BELLEVUE, WA 98007 • DEI Project No: 95127 9/29/97 Legal Description The south half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417491 and 64174921. The north half of the northeast quarter of the southeast quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M.; EXCEPT the west 42 feet thereof for 138th Avenue SE as conveyed to King County by deed recorded under Recording No. 6417489. • 95127L#1.doc,09/29/97,page 1 DODDS ENGI NOV 1 3 1997 DEVELOPMENT PLANNING CITY OF RENTON October 28, 1997 DEI Project No. 95127 Ms. Kayren Kittrick Development Services Division City of Renton 200 Mill Avenue South .. Renton, WA 98055 Subject: Final Plat-Blueberry Lane Dear Kayren: Attached please find the following items for processing the final plat map for Blueberry Lane: A. The original plus five (5) copies of the signed master application form. B. Four(4) copies of the homeowners incorporation documents. C. Three(3) copies of lot closures. D. Fee of$1,000.00. E. Five (5) copies of the Neighborhood Detail Map. F. Five(5) copies of the Final Plat map, which includes the vicinity map. G. Regarding the compliance with ERC, Hearing Examiner and City Council conditions, these conditions have been addressed in the following manner: ERC Mitigation Document: 1. Traffic mitigation fees will be paid at the time of plat recording. 2. Fire mitigation fees will be paid at the time of plat recording. 3. Park mitigation fees will be paid at the time of plat recording. 4. Twenty(20) on-street guest parking spaces are provided in addition to approved fire lane signs posted to ensure emergency vehicle access. 5. A twenty-eight (28') foot wide emergency vehicle access is provided with removable bollards approved by the Fire Marshall. 6. A provision will be included in the C.C.R.'s authorizing City of Renton's enforcement of the parking section of the C.C.R.'s, at the expense of the Blueberry Lane Homeowners Association, if deemed necessary by the Police Chief or Fire Chief. 7. This plat is subject to the mitigation measures iow1Et1E06�.. rds 'xed-Use Development Mitigation Document". OCT 3 0 1997 I Planning•Engineering•Surveying BUILDING DIVISION 95127L#A 4205-148th Avenue NE Suite 200 Bellevue,Washington 98007 Tel.425-885-7877 Fax.425-885-7963 E Mail.DoddsEngrs@aoLcorn 95054L#A Blueberry Lane Final Plat i 10/28/97 page 2 Hearing Examiner Recommendation and City Council's Decisions on Appeal: 1. Impact mitigation fees will be paid at the time of plat recording which complies with conditions imposed by ERC. 2. Not applicable, pertains to Sector F. 3. Not applicable, pertains to Sector F 4. Privacy fences will be installed at the back of lots separating adjacent land uses, including the north side of Lot 1, except where adjacent to wetlands. 5. A lighting plan has been prepared and approved by the City. 6. A homeowners association has been established for the maintenance of common plat improvements. 7. The inner roads south of NE 6th Street are private roads with gated access and will be maintained by said homeowners association. Restriction No. 5, sheet 1 pertains to the private roads. 8. In compliance with the City Council's decision, sidewalks will be installed on one side of the street. 9. Rolled curbs have been installed in compliance with the City Council's decision for this demonstration project. 10. Not applicable, pertains to Sector F 11. Open space reserves are included in common areas and are made the responsibility of the homeowners association. 12.Not applicable, pertains to Sector F 13. Grass-crete paving will be used for the emergency vehicle access as long as the Fire Department finds it acceptable. 14. Four(4) copies of the current Plat Certificate accompanied by four(4) copies of legal documents. I do hope that these items meet your requirements for processing the final plat for Blueberry Lane of The Orchards. Please call with any comments or questions. Thank you. Sincerely, DO S ENG Iilii. RS,INC. \6(4, Kevin J. Vanderzanden, P.L.S. Vice President - Surveying RECEIVED NOV 1 3 1997 RJ DEVELOPMENT PLANNING l CITY OF RE'NTON 4?' - .7.= • N die .fibt._ • • First American Title Insurance Company 2101 FOURTH AVENUE,SUITE 800 • SEATTLE,WASHINGTON 98121 I (206)728-0400 • 1-800-826-7718 • FAX: (206)728-7219 • • • 4 �- }� .'.. * r DOCUMENTS 1 { • I • EcITYCTiv_TN ° • OCT 3 0 1997 • BUILDING DIVISION • 1- r i ' • . filli'----) 0 0 0 0 AFTER RECORDING MAIL TO: o O BLUEBERRY PLACE COMMUNITIES, L.P.1560 140TH AVE. N.E. #100 0 BELLEVUE, WA 98005 • u O O k0 p7 Cu t71 r` ' • \ •V 'n Filed for Record at Request of 1 CT M-S First American Title Company . I+• S O Escrow Number: 26124SSI _ _ �7 Statutory Warranty Deed 0 . ,•t Grantor(s): GARY M. MERLIN(), DONNA M. MERLIN(), DONALD J. MERLIN(), & JO „ . MERLINO, ROLLEM L.L.C. L P. 5 N • Grantee(s): BLUEBERRY PLACE COMMUNITIES, W Abbreviated Legal: SE QUARTER SW QUARTER, records, of KING County, WA, 10, 23, .t Cd Additional legal(s)on page: • ;.0 Assessor's Tax Parcel Number(s): 102305-9034-07, 102305-9043-06 • yO • C THE GRANTORGARY M• MERLIN() and DONNA M. MERLIN°, husband and w i e, an U� equal and undivided 2 share and undivDided 25XRLINO shareand JOAN P.and ROLLEM LELLC.,'a Was husband and wife, an equal and undivided 50% share. • i` hington Limited Liability Company an equal for and in consideration of 'IRC Section 1031 Tax-Deferred Exchange L. 1 a Washington in hand paid,conveys and warrants to BLUEBERRY PLACE COMMUNITIES, limited partnership Slate of Walltington: the following described real estate,situated in the CountyATTACHE D GHERETO AND BY THIS REFERENCE SEE LEGAL DESCRIPTION AS EXHIBIT "A" MADE A PART HEREOF. SUBJECT TO: easements, restrictions, reservations and provisions as attached hereto as EXHIBIT "B". • • By DO LD J M NO , By • P. MERL 10 2nd day of July, 1997 By • • By ROLLEM,L.L.C. GARY M. ERLINO o By it J l? / ber By Aleitag.2.12_------ refeeee2c. M.MERO •GE —� By Li ARU A.GILR tuber S'i ATE OF WASHINGTON }+ SS: County of KING that I know or have satisfactory evidence that RICHARD A. GILROY & GERALD F• K I certify t`t signed this instrument,on oath stated that e authorized to MOLITOR execute the i th nstrument and acknowledged it as the ME'1BERS to be the free and voluntary act of such of ROLLEM L.L.C. �`keuRzntioned in this instrument. ,� l party for the uses and w o , ttt 3 Dated: ' ly- ._ a .T+. • ,,.' • +tc+4 SUZANNE S OEDER- • _ ;✓i s �QT. sg p g Notary Public in and for the State of WASHINGTON i N !:;• _V :} Residing at RED:401 #i 9,,�. 2:1 Jf OJ My appointment expires: 2 2 98 (�j LPB•10 T. rl't •CF WASH\:3 Page 1 o. illiD �V� A' RIIVA i/1T1R,\1 •w,1, !. • •�twi` .. I ST,,\IT OF\V\SI IINGTON. ;} ACKNOWLEDGMENT-Individual i County of '/ / J J i • On ibis Jay personally appeared helire me _ �'� • t ? �• w•-0 • to me known 1 in leindlsnluap v'described in and who executed the within and foregoing instrument.and acknowledged that t-�y' signed Me same.1s _,Far.' �t free and voluntary act and deed.for the uses and purposes therein mentioned. GIVli!Jundernyhamlandnlficial seal thus / day of____`� ,19 7, , ,,%%%lf1l/II/III,I .0 - o 1y%OA tee'MBSQ:' .�• .Nolan Public on and for the State of lWashin•gton. - • y7 +........•' \s.w� residing ut .? My appointment expires 042, • . STATE OF WAS!IINGTON. 1 ACKNOWLEDGME Corporate . • SS. Ct my of J On tt1 day of ,19_.belore me.the undersigned.a .tary Public in and for the State of C2 Washington.duly ommissomed and sworn•personally appeared and — to me known to be the 0 President and Secrenn,respectively, I I • ___the corporation that executed d' 'nrrgomg mstrun'ent,and, nowledged the said instrument to be the free and voluntary act and deed of..ud corpora'ion.for the uses an urposes them'. mullioned.and on oath staled that Tauttiuriced to esecute the said instrument and that the affixed of any)is the corporate seal of said corporation. Witness my hand and Oficial seal hereto all sell the day ant ear first above written. I i Nomry Public m and for the Slate of Washin• n, residing at My appointment expires • ' • This jural is page of and is attached to dated • /^t l • . • ..• .....:. ::'.....1'.'..'"... nin T (t H ,• r •} t u STATE OF WASHINGTON. l ACKNOWLEDGMENT-Individual �/ J}ss. County of /N/, ///f /f /J On th lay personally apf�yared before me %/( //jh-�L..J *�-k 1 I /.- A / `` • t/1r� ���ttomeknown • ' to be the individual(s1 described(in and who executed the within and foregoing instrument,and acknowledged that -(may • signed the same as f�4.a..—._ free and voluntary act and deed.for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 7 day of )4-4-.&7 ,19 97 . . • �80%sSA V.a(1;1o,� ;�p)No 8':yin i , pV C ! �--��J 1 l L 7 5 a� �$,� Q �c,„ ,Votary Public in and for the Stare of Washington. �', Q ....•...... G�'s,., residing at �1 '••.;�WASN�N..•` My appointment expires //1�G U I STATE OF WASHINGTON, 1 ACKNOWLEDGMEN Corporate • ss. C my of On th. day of ,19 ,before me,the undersigned,a tary Public in and for the State of Washington,duly mmissioned and sworn,personally appeared and to me known to be the President and Secretary,respectively, CV the corporation that executed th oregomg instrument,andnowledged the said instrument to be the free and voluntary . 0 act and deed of said corporation.for the uses an urposes there, enitoned.and on oath stated that ' eiauthorised to execute the said instrument and that the. affixed(if any)is the corporate seal of said corporation. N o Witness my hand and official seal hereto a xed the day an ear r first above written. N. ,Votary Public in and for the Stare of Washington. rending at • • My appointment expires • This jurat is page of and is attached to dated t , • i . fQll�[tU.13Ypp '� a. ' • rs 11f1[,luL,111 . . . • • •1 EXl1IM IT "A" DESCRIPTION THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: PARCEL I: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 42 FEET•THEREOF CONVEYED TO KING COUNTY FOR 138TH AVENUE SOUTHEAST BY DEEDS RECORDED UNDER RECORDING NOS. 6417491 AND 6417492. PARCEL II : • • THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 42 FEET THEREOF FOR 138TH AVENUE SOUTHEAST AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6417489. up • u0 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. U1 ii r • Qrj THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. • SECTION 10 TOWNSHIP 23 RANGE 5 SE QUARTER SW QUARTER. • • • 1. Page 2 LP8•IJ • • E CIIIBIT "II" EASEMENT FOR THE RIGHT TO MAKE SLOPES FOR CUTS AND FILLS ALONG THE STREET MARGIN OF SAID PREMISES ABUTTING 138TH AVENUE SOUTHEAST, AS GRANTED BY DEED RECORDED UNDER RECORDING NO. 6417489. (AFFECTS PARCEL II) EASEMENT FOR THE RIGHT TO MAKE SLOPES FOR CUTS AND FILLS ALONG THE STREET MARGIN OF SAID PREMISES ABUTTING 138TH AVENUE S.E., AS GRANTED BY DEED RECORDED UNDER RECORDING NOS. 6417491 AND 6417492. (AFFECTS PARCEL I) A RECORD OF SURVEY RECORDED ON MAY 17, 1990 UNDER RECORDING NO. 9005179002. • • • • • r1 f • • • • • [l1bU t�tlpp��� TIRS MLIUI,tll� li , ' k `w.j • RETURN TO: ' KEYBANK NATIONAL ASSOCIATION Residential Construction Loans, WA-31-I0-5286 P.O.Boa 90 Seattle,WA 98 1 1 1-0090 • Attn: Shari Mead i 1ST AM-S DEED OF TRUST O 3+f -S Loan No. 1185181-900I First American Title Insurance Co.Order#344301-5 This Deed of Trust is a Securihj Agreement and Financing Statement under Article 9 • of the Uniform Commercial Code (RCW 62A.9), with Grantor as Debtor and 'Beneficiary as Secured Parhy ' THIS DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust")is made as of June 23, 1997 by and among: • CC CC Grantor(Borrower); BLUEBERRY PLACE COMMUNITIES,L.P..A Washington Limited Partnership• 14 1560-140th Avenue NE,Suite 100,Bellevue,WA 98005 d In Grantee(Trusteel• PSM FINANCIAL MANAGEMENT CORP.,A WASIHINGTON CORPORATION • 0 P.O.BOX 90,SEATTLE,WA 98111-0090 WA-31-10-5286 i` Grantee(bender/1 KEYBANK NATIONAL ASSOCIATION,A NATIONAL BANK RESIDENTIAL CONSTRUCTION LOAN DEPT, P.O. BOX 90,SEATTLE,WA 98 1 1 1-0090 WA-31-10-5286 "(Grantor is also referred to herein as"Borrower"and Grantee(Lender)as "Lender or Beneficiary", BORROWER HEREBY GRANTS,ASSIGNS AND CONVEYS to Grantee(Trustee),in trust for the benefit of Beneficiary, with power of sale, all of Borrower's present and future estate, right, title, and interest in the following described real property in KING County,Washington: , • ABBREVIATED LEGAL: SECTION 10 TOWNSII'.IP 23 RANGE 5 SE QUARTER SW QUARTER. • FULL LEGAL DESCRIPTION PAGE 8(EXIIIBIT A)IS ATTACHED HERETO AND MADE A PART • • • THEREOF. • cn ' " ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): 102305-9043-06&102305-9034-07. together with all other Property described below. This Deed of Trust, including the assignment of Rents and • Leases and security interests granted herein, is given to secure payment and performance of the Secured §3 Obligations described below. • THE NOTE(S) EVIDENCING THE SECURED OBLIGATIONS CONTAIN PROVISIONS FOR • B• ADJUSTMENTS IN THE RATE OF INTEREST. • 'Secured Obligations" includes:(a)Performance of each agreement of Grantor contained in this Deed of crust; . (b) Payment of ONE MILLION SEVEN HUNDRED NINETY T\VO THOUSAND FIVE HUNDRED AND _ NO/100THS DOLLARS ($1,792,500.00 ) plus interest and odwr amounts owed to Lender as evidenced by a promissory note dated June 23, 1997 including all modifications,extensions, renewals and replacements thereof; , )t• and, (c) All other existing and future obligations of Grantor To Beneficiary, regardless of whether such g obligations are (i) related by class or kind, (ii) now contemplated or not, or (Hi) identified as being secured . hereby. However, nothing herein shall he construed as obligating Lender to make any.future advance to o Grantor. If more than one Grantor signs this Deed of Trust, all obligations of Grantor hereunder are j&nt and " a several. . U T,: .3HAP^ F' P1:J M ,..,,•- • r DBr. r • • 'Loan Doctmcnts' means the promissory note described above, this Deed of Trust, any construction loan agreement and UCC financing statement related thereto, any other document evidencing or securing the Secured Obligations, and all modifications,extensions,renewals and replacements thereof. 'Property" means the real property described above and all existing or subsequently erected or, affixed buildings, improvements, equipment and fixtures: all tenements, hcreditaments and appurtenances, now or hereafter in any way appertaining to the Property;and all leasehold interests, rents,payments, issues and profits • • derived from or in any way connected with the Property, and all proceeds (hereof. The Property is not used • principally for agricultural or farming purposes. GRANTOR HEREBY REPRESENTS, WARRANTS,AND AGREES.\S FOLLOWS: • 1. GENERAL WARRANTIES. Grantor warrants that: Grantor owns the Property and has the right to grant, convey and assign its interest hereunder;the Property is free from liens,encumbrances,exceptions,defects,and other charges of any kind whatsoever other than those accepted by Lender in writing, and no idler liens or encumbrances(whether superior or subordinate to this Deed of Trust)will be created or permitted by Grantor without Lender's prior written consent;Grantor will forever warrant and defend the Property against all claims • and demands of any other person(s), subject only to the non-delinquent installments of taxes and assessments and pertitted encumbrances. Grantor will pay when due all taxes, utilities, assessments and other charges related to the Property, and will promptly discharge any lien or other charge, whether superior or inferior to this Deed of Trust, claimed against the Property, and on request, will promptly furnish evidence of such payments. 2. HAZARDOUS SUBSTANCES. As used herein, 'Hazardous Substance' means any substance that is or becomes regulated under any federal, state of local statute, ordinance, rule, regulation or other law now or • hereafter in effect pertaining to environmental protection. contamination or cleanup("Environmental Laws'). Grantor warrants that, except as otherwise disclosed to Lender in writing, no Hazardous Substance has been . r7 generated,processed,stored,transported,incorporated into,handled or disposed of on the Property to Grantor's 'Z best knowledge,except in compliance with all applicable laws. Grantor agrees that during the term of this Deed O of Trust. Hazardous Substances will not be generated,processed, stored,transported,handled or disposed of on l.7 the Property, except in accordance with all applicable laws. Grantor is not aware of any actual or alleged violation of any Environmental Laws related to the Property and there is no action or proceeding pending before 0 or appealable from any court or agency relating to Hazardous Substances and the Property. Grantor shall N defend, hold harmless and indemnify Lender against any claims, costs, liens, damages, losses. expenses or 7) liabilities arising out of or related to any alleged violations of Environmental Laws related to the Property. Grantor's oblieation to Lender under this section is strict and absolute without regard to any fault by Grantor, • and this indemnity shall survive full payment of all amounts secured by this Deed of Trust and the reconveyance • or fore-closure of this Deed of Trust. Grantor.shall immediately notify Lender if Grantor becomes aware of • any alleged or actual violation of Environmental Law related to the Property. Grantor will, at its sole expense, • take all action necessary to comply with Environmental Law(including without limitation,*any removal,'clean- up,containment and remedial actions). • 3. MAINTENANCE & USE OF PROPERTY: LENDER'S RIGHT'OF ENTRY. Grantor will: (i) comply with all laws, ordinances, and regulations applicable to the Property, at Grantor's expense; (ii) not allow material changes in the current use of the Property or its zoning,without Lender's consent;(iii)maintain,repair and restore the Property and keep it in good condition, and not permit any waste or deterioration of the Property; (iv) not materially alter or remove any Improvements without Lender's prior written consent, nor • remove any fixture or chattel covered hereunder unless replaced with a comparable article. Lender and its • employees and agents shall be entitled from time to time to enter on the Property(including the interior of any • structures), at reasonable times and after reasonable notice, to inspect the Property, ascertain compliance with the Hazardous Substances warranties and other provisions of this Deed of Trust(including the right to take soil samples and conduct other reasonable tests and investigations), conduct appraisals to determine the value of the Property, or to perform any other act authorized hereunder. Costs incurred in obtaining such inspections, appraisals, tests. and other activities described above shall be part of the Secured Obligations. Grantor will permit access to the Property and will fully cooperate with Lender in this regard. . • 4. INSURANCE COVERAGE REOUIRED. Grantor will maintain the following insurance coverage on the • Property: tat Insurance against loss by tire and the hazards covered by the standard 'extended coverage' form of insurance. in an amount equal at all times to the full insurable value of the Improvements then located on the Property Land which during any coistnuction activities shall be an 'all riskibuilder's risk' special form policy); (hi Comprehensive public liability insurance against claims for beefily injury, death or property damage occurring on. in or about the Property: tic) Flood insurance. if the Property is located in a designated flood I hazard area;id)Insurance against such other hazards and liabilities and contingencies,as Lender may from time to time reasonably require. Insurance policies must be reasonably acceptable to Lender as to provider, form, rLDI M[11r�,U1 • ._. 1 terms and amounts. All policies will provide for at least 30 days' written notice to Lender prior to cancellation or material amendment. Grantor shall furnish Lender with evidence of Lompliance with this section upon request,and hereby assigns to Lender all such insurance policies,and all proceeds thereof, rights thereto and all unearned premiums returnable upon cancellation. At least 30 days prior to the expiration date of each such • • policy,grantor shall furnish Lender with evidence of payment of the renewal premium, along with a copy of the • renewal policy. 5. INSURANCE. PROC FEDS. Grantor will promptly notify Lender and the appropriate insurer in writing of any loss or damage to the Property,and Grantor hereby authorizes Lender as Grantor's attorney-in-fact to make proof of loss, adjust and compromise claims, commence and prosecute (in Lender's or Grantor's name) any action relating to any claim, and to collect and receive insurance proceeds, if Grantor shall fail to act (but Lender shall have no obligation to do so). Insurance proceeds received by Lender shall be applied first•against • any expenses incurred by Lender in collecting such proceeds and then, against any other amounts secured hereby in such order as Lender in it sole discretion shall determine, or for the restoration and repair of the Property, if Lender so elects (in which case restoration funds shall be disbursed and restoration completed in • . accordance with Lender's customary construction loan administration procedures). If Lender acquires title to • ,, the Property by foreclosure or otherwise, Lender shall have all of Grantor's right, title and interest in any insurance policies, unearned premiums and/or insurance proceeds related to any Property then due or thereafter coming due to Grantor. 6. CONDFMNATION. Grantor will promptly notify Lender of any condemnation or similar action affecting the Property, and will appear in and prosecute such action unless otherwise directed by Lender in writing. Grantor authorizes Lender, at Lender's option, as attorney-in-fact for Grantor, to commence, appear in and prosecute, in Lender's or Grantor's name, any such action, and to settle or compromise any claim related • thereto,but Lender shall have no obligation to take any such action. All awards,payments,damage claims and proceeds thereof,are hereby assigned to Lender, and all proceeds thereof shall be paid to Lender to be applied against the Secured Obligations in a similar manner as provided in the section relating to insurance proceeds. • 7. ADVANCES TO PROTECT 1 FNDFR'S SECURITY. Grantor will notify Lender of and will, at its expense, defend any action or proceeding that might affect the Property or Lender's interests therein. Lender . Ci may, but is not required to, make appearances, disburse sums, and take any action it deems necessary.or CC desirable to protect or enforce the security of this Deed of Trust or cure Grantor's default(without, however, A waiving default by Grantor),or to otherwise protect Lender's interests. Grantor will pay all loss,damage, and • expenses, including reasonable attorneys' fees, incurred by Lender for this purpose. Any amounts disbursed by .-1 Lender under this Deed of Trust, plus interest thereon at the rate then in effect under the Note,shall be part of {` the Secured Obligations. I` T.1 8. ROOKS & RECORDS: FINANCIAL,STATF,MF.NT$L Grantor will maintain at Grantor's address stated above (or such other place as Lender may approve in writing), books, accounts, and records accurately reflecting the results of the operation of the Property, copies of all written contracts, leases and other agreements related to the Property. Lender may examine and copy such items upon request from time to time. • Grantor shall deliver to Lender within 60 days after the end of Grantor's fiscal year, a balance sheet for • Grantor, Grantor's most recent federal income tax return (if that is not available within the 60 days, then as soon as possible), a statement of income and expenses of the Property, and a statement of changes in financial position with respect to the Property for the prior year,each in reasonable detail and certified by Grantor,and if • • Lender shall require, by an independent certified public accountant. Grantor shall also provide from time to ' time within 20 days of Lender's request,certified rent rolls, current financial statements of any general partner , and guarantor of the Secured Obligations, copies of such persons' most recent tax returns, and such other information as Lender may reasonably request. 9. RESFRVFZ. Lender may require Grantor to deposit with Lender, in advance, such amounts for interest, taxes, assessments, grounds rents, insurance premiums, and any other charges related to the Property and the • Secured Obligations as Lender deems necessary to protect Lender's interests("Reserves"), in a lump sum or in periodic installments, at Lender's option. If at any time Lender determines there is a shortfall in the amount of Reserves on deposit, Grantor will deposit the deficiency with lender within 30 days of receiving a request to do so. Unless required by law, Lender shall not be required to pay Grantor any.interest on Reserves. All sums held as Reserves are hereby pledged as security for the Secured Obligations,and upon default,Lender may elect , to apply Reserves to pay taxes, insurance premiums, or other costs related to the Property or against the Secured Obligations. Any waiver by Lender of the Reserves requirement may be revoked at any time in Lender's sole discretion by written notice to Grantor. Reserves are required solely for Lender's protection,and Lender's only responsibility is to allow due credit, ',vthout interest, for atnounts actually received by it. If Lender assigns this Deed of Trust, any Reserves on hand shall be turned over to the assignee and Lender shall • have no further responsibility with respect thereto. If Grantor transfers the Property, and Reserves are later • subject to refund, Lender may refund such amounts either to Borrower or to its transfereets), unless Borrower *gyp 3 r�r71 ,i11GiV1 � ' • shall at the time of such transfer specifically instruct Lender to the contrary. When the Secured Obligations are 1 fully satisfied, Lender will refund to Grantor any remaining Reserves. . 10. RESTRICTIONS ON TRANSFER AND FNCl1MRRANCE. Grantor agrees that the Secured Obligations are personal to Grantor,and neither the Property nor any interest therein shall be encumbered,sold by contract or otherwise),conveyed,or otherwise transferred by Grantor, nor shall there be any change in(i)the ownership • or control of more than 25%of Grantor's stock if Grantor is a corporation,(ii)the ownership or control of any • general partnership interest in Grantor if Grantor is a general or limited partnership, (iii)the ownership of any . beneficial interests if Grantor is not otherwise a natural person(s),or(iv)the majority ownership of stock or any general partnership interest in any corporation or partnership that has an ownership interest in Grantor. Any such action without Lender's prior written consent shall be deemed to increase Lender's risk, and shall be a material default hereunder. If Lender elects in its sole discretion to consent to any such action, Lender may condition its consent on such terms and conditions as Lender may require,such as payment of a transfer review fee and/or assumption fee, and/or an increase in the interest rate on the Secured Obligations(but such increase will not exceed an additional 2%per annum). Lender shall not be required to release the original obligor or any . other party liable for the Secured Obligations. 1l. UCC SECURITY AGREEMENT. This Deed of Trust is a security agreement under the Uniform. commercial Code('UCC")with respect to: (a)any Property that, under applicable law, is not real property or effectively made part of the real property by the provisions of this Deed of Trust; and (b) any and all other , property now or hereafter described on any UCC financing statement naming Grantor as Debtor and Lender as , Secured Party in any way connected with the use and enjoyment of the Property (all of which shall be 'Property" for purposes of this Deed of Trust); and Grantor hereby grants lender a security interest in all property described in clauses(a)and(h),but it is the intent of the parties that all such property shall be regarded for all purposes as part of the real property. Lender shall have all rights and remedies of a secured party under the UCC, in addition to all rights and remedies provided herein(including without limitation the right to cause such Property to be sold by Trustee under the power of sale granted herein), and/or otherwise provided by law. • Lender may proceed against the Property separately or together, and in any order whatsoever, at Lender's option. On demand following default, Grantor will assemble any items of personal property and make them available to Lender at the Property(which is agreed to be reasonably convenient to both parties). Lender shall give Grantor at least five days prior written notice of the time and place of any public sale or other disposition of such Property or designating the date on or after which any private sale or other disposition will be made. . Cl Property may be sold in one or more public or private sales and to any person(s), as permitted by applicable (A law. Expenses incurred in realizing on such Property shall be part of the Secured Obligations. OLI) 12. SSIGNMt•NT Of RENTS g LEASES: gap)INTMENT OF RECEIVER. (a) Grantor hereby -4 • �-1 absolutely and unconditionally assigns and transfers to Lender all right, title and interest of Grantor in(i) any N and all present and future leases and other agreements for the occupancy or use of all or any part of the Property,and any and all extensions, renewals and replacements thereof(collectively, "1 rases"),(ii)all cash or :.►3 security deposits, advance rentals and deposits of a similar nature under the Leases, (iii) all guarantees of • payment and/or performance of Leases, and (iv) all rents, issues, profits and revenues (collectively "Rents') now or hereafter due in connection with the Leases or the Property. Lender may enforce this assignment, Without first resorting to or exhausting any security or collateral for the indebtedness secured hereby. This is assignment shall terminate when this Deed of Trust is reconveyed. (b) Prior to default, Grantor shall have a revocable license to collect and receive Rents, but upon default, Lender may deliver written notice to Grantor revoking Grantor's right to collect rents and Lender shall thereafter be entitled to all Rents. Grantor will direct tenants or occupants of the Property to pay Rents to • Lender upon Lender's demand, and agrees such tenants or occupants shall simply rely on Lender's notice, without further investigation. Grantor hereby authorizes Lender as Grantor's attorney-in-fact to provide such notices if Grantor shall fail or refuse to do so. Grantor agrees that Rents paid to lender shall discharge the payors' obligations to Grantor. Lender may exercise, in Lender's or Grantor's name, all rights and remedies available to Grantor with respect to collection of Rents, but Lender shall not be obligated to perform any of Grantor's obligations under the Leases. Lender shall be entitled to obtain appointment of a receiver, who shall • take control of the Property and shall have authority to take any action deemed necessary or desirable with regard to operation and maintenance thereof,to the same extent as Grantor could do. If Grantor or any affiliate of Grantor shall occupy any part of the Property, they shall be required to pay a reasonable rental for the space so occupied, and upon failure to do so, such party may immediately be removed from the Property by any appropriate proceeding. Lender shall be entitled to the appointment of a receiver regardless of the adequacy of Lender's security, and Grantor hereby consents to appointment of a receiver without bond. The receiver shall have, in addition to all customary rights and powers, all rights and powers granted to Lender hereunder, and shall be entitled to reasonable compensation for managing the Property. Nothing herein shall constitute Lender a 'mortgagee in possession' prior to actually taking possession of the Property, and appointment of a receiver . shall not constitute possession by Lender. 1 IUD.BY; . : . Tr: I1Rirt 1, . 13. CONSTRUCTION LOAN PROVISIONS.. Grantor shall comply with all covenants and conditions of the ' construction loan agreement(if any). All advances under the construction loan agreement shall be secured by this Deed of Trust. Grantor shall, upon request of Lender, execute and deliver to Lender in such form as Lender shall direct,assignments of all rights or claims that relate to such construction,or that Grantor may have, against any party supplying labor, materials or services. If Grantor defaults under the construction loan agreement, Lender may elect to pursue any right or remedy provided therein and/or declare a default hereunder and exercise any of the rights provided hereunder. 14.DFFAULT. (a) Any of the following shall be a default hereunder:(i)Failure to make any payment within , 15 days of the due date;(ii)Any representation made to Lender proves to be materially false or misleading;(iii) Failure to perform any other obligation or any breach of warranty,which default is not cured within any stated cure period (or if none is stated, then within fifteen(15)days after Lender notifies Grantor of default (or, if. Lender determines that a longer period of time is necessary to complete a cure,such additional period of time as Lender may allow but not to exceed 90 days, and provided Grantor diligently pursues all action necessary to complete such cure); (iv)The occurrence of a default in any other obligation now or hereafter owed to Lender by Grantor or any third party. Upon default, Lender may take any of the following actions: accelerate the • Secured Obligations and declare all amounts secured by this Deed of Trust immediately due and payable, including any prepayment penalty stated in the'L.oan Documents;judicially or non-judicially foreclose this Deed of Trust, or cause any or all of the Property to be sold in any manner permitted by applicable law; terminate Grantor's rights to collect Rents and require Rents to be paid directly Lender; and/or exercise any other remedies available hereunder,under law or in equity. Lender's rights and remedies are cumulative and may be • exercised in any order whatsoever, and Grantor hereby waives any right to require marshalling of assets or to • direct the manner or order in which Property will be sold. Grantor also agrees that neither Lender's entering upon or taking possession of Property, nor collection of Rents, insurance proceeds, condemnation awards or • other compensation or benefits,shall be deemed to cure or waive Grantor's default or invalidate the giving of a • default notice. (b) With regard to exercise of the power of sale hereunder: Trustee may postpone any sale by announcement at the time and place noticed for the sale. If the Property includes several parcels, Lender in its sole discretion may designate the order of sale or may elect to sell all of them as an entirety,which may include all Property, real and personal, and Trustee will be acting as Lender's agent to the extent personal property is being sold. Sale proceeds will be applied first against costs of sale.(including without limitation, Trustee's fees, legal fees and disbursements, title search charges), and any advances made by Trustee, and then toward payment of the • • Secured Obligations in any order Lender chooses, and any remainder to the persons(s) legally entitled to it. • Expenses incurred by Lender and Trustee in enforcing this Deed of Trust or.taking any action permitted • .)� hereunder shall be additional Secured Obligations (including all attorneys' fees, whether incurred with or O without suit, in connection with any bankruptcy, insolvency or similar proceedings, or on appeal; costs of ri obtaining appraisalfs), Property inspections and environmental audits; foreclosure sale costs;expenses incurred N to protect and preserve Property). O I'• 15.SF.NF,RAL PROVISIONS. (a) When all Secured Obligations have been paid in full,.Lender shall request �� Trustee to reconvey the Property without warranty to the persons) legally entitled thereto. Grantor shall be responsible for payment of all costs of reconveyance,including recording fees and Trustee's fees. • (b) Lender may, at its option, from time to time appoint a successor Trustee(s) by an instrument signed and c acknowledged by Lender and recorded in the real property records of the county in which the real property described herein is located, which instrument shall identify the names of the original Beneficiary, Trustee and Grantor, the recording information for the filing of this Deed of Trust, and the name and address of the successor Trustee. Upon filing of such instrument, the successor Trustee shall succeed to all title, power and . duties conferred on the Trustee hereunder and by applicable law. (c) Without notice to or consent of Grantor and without affecting the liability of Grantor or any other person liable for the Secured Obligations, Lender may at any time, i its sole discretion. (i) renew, extend, alter or otherwise change the time or manner of payment or performance of any of the Secured Obligations. (ii) • substitute,add or release any obligor or guarantor on the Secured Obligation,(iii)accept additional or substitute • security, or subordinate or release any security, or (iv) take any other action with regard to the Secured Obligations and Property, and no dealings with Borrower, any guarantor or any other persons in connection with the Secured Obligations shall adversely affect Lender's rights under this Deed of Trust. If Lender takes any such action at Grantor's request, Lender shall be entitled to charge a reasonable service charge, together with such title insurance premiums and attorneys' fees as may be incurred by Lender in response to Grantor's request. • (d) Grantor hereby consents to a subdivision of the Property if Lender, in its sole discretion, determines that ' subdivision is necessary or desirable to preserve lender's lien or the value of its security (including but not • limited to the situation in which part but not all of the'property may be contaminated and Lender wishes to foreclose or convey part,but not all,of the Property). e 5 rEl t11C7TNIV nix' • • and deliver to Lender such (e) Grantor, from time to time, will execute, acknowledgesecuritya gr cements, ' assignments, financing statements and other documents, in form and substance satisfactory to Lender,as Lender may request in order to perfect, preserve, continue or extend the existence and priority of the liens, security I interests and assignments granted herein. Grantor also hereby irrevocably appoints Lender its attorney-in-fact • for the limited purpose of executing, acknowledging, delivering, filing and recording of such instruments, and/or any instruments and agreements reasonably necessary to accomplish a subdivision of the real property pursuant to the prior subsection. Expenses incurred in connection with any of the foregoing shall be part of the • Secured Obligations hereunder. (I) Time is of the essence with respect to payment and performance of all Secured Obligations. Lender's failure to pursue enforcement of any obligation shall not constitute a waiver of the obligation then due or any ' subsequent required performance of the obligation. No term or condition of the Loan Documents shall be ' deemed to have been waived, released or modified except by a written agreement signed by an authorized representative of Lender,and any waiver of a term or condition of the Loan Documents shall apply only to the time and occasion specified in the waiver,not any subsequent times or occasions. Any forbearance by Lender in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. • (g) Without affecting any of Borrower's obligations under the Loan Documents, Borrower waives:(i)notice of I ! default,(ii)any right to require Lender to require Lender to proceed against any specific party liable for,or any I specific security for the Secured Obligations, (iii) demand for performance, notice of nonperformance, presentment, protect, notice of dishonor,diligence,.notice of new or additional indebtedness of any Grantor or other party liable for indebtedness owed to Lender, (iv)any defense arising of the absence, impairment or loss of any rights of recourse,reimbursement,contribution or subrogation or other rights or remedies. I (h) Notices hereunder shall be delivered or mailed to the party's address noted above(or such other address as I • may be designated by such party in writing)and shall be deemed effective on the date delivered(in the case of I • personal or messenger delivery)or if mailed,three(3)days after being placed in the U.S.mail. I (i) This Dee&of Trust shall be governed by Washington law. If any provision of this Deed of Trust shall be I found to be invalid,the invalidity shall not affect any other term or condition set forth herein,and the provisions shall be considered to be severable. I (j) Subject to the transfer restrictions set forth herein, this Deed of Trust inures to the benefit of and binds the • c7 parties hereto and their successors and assigns. The term "Grantor" includes any subsequent owner of all or 0 any part of the Property or interest therein: "Trustee" includes any successor Trustee; "Lender" includes any p subsequent owner or holder of the Loan Documents or any interest in the Secured Obligations, including V') assignees and participants. Captions and headings are for convenience purposes•only, and are not used to interpret or define the provisions hereof. 1 0 t'• IN WITNESS WHEREOF,Grantor has executed this Deed of Trust as of the date first above written. • I GRANTOR: BLUEBERRY PLACE COMMUNITIES,L.P., • A Washington Limited Partnership , • By: NORTHWARD HOMES,INC.. • 1 A Washington Corporation, 1' ,± Its:Gen ral P I • y: l . I , Richard A.Gilro e • I • I SEE ATTACHED PAGE FOR NOTARY ACKNOWLEDGMENT(S). Fill? 1ffERiC�111Tf1� ' • • • ! THIS NOTARY ACKNOWLEDGMENT(S)1S/ARE ATTACHED TO DEED OF TRUST • State of Washington • r.: (Corporate/Partnership Notarization) County of /eirl 6, I certify that I know or have satisfactory evidence that Richard A.Gilroy i(hre the person(s)who • appeared before me,and said person(s)acknowledged brat ►e'shelthey signed this instrument,on oath • stated that lLesl►e was authorized to execute the instrument and acknowledged it as the President of NORTHWARD HOMES,INC.,GENERAL MANAGER of BLUEBERRY PLACE COMMUNTTIES,L.. . P.to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. • Dated: lv-.25--97 . e•LACL,-il L:l1/ • Notary Public,State of Washington • ,,'%%tIII UI1 tttti My appointment expires f-z1'Of• • ::A?.0g510NF•�b•,•-.. • 0.z�6 V NOTA/?1.�3•N . l.t (p: — 0 —N Z � q; r'UuLIG O 1-21-01 ...0 �� t.1D O to ri O REQUEST FOR RECONVEYANCE TO TRUSTEE: . The undersigned is the holder of the note(s)secured by this Deed of Trust. Said note(s),together with all other • indebtedness secured by this Deed of Trust,have been paid In full. You are hereby directed to cancel said note(s) and this Deed of Trust,which are delivered hereby,and to reconvey,without warranty,all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. • Dated: By: Upon Recording Return To: KEYBANK NATIONAL ASSOCIATION P.O.Box 90 Seattle,Washington 98111-0090 Attn:WA-31.10-5286 . I ! , MID Bi; ' ?il1ERM 71 • EXHIBIT A LEGAL DESCRIPTION BORROWER: BLUEBERRY PLACE COMMUNITIES, L.P. LOAN NO.: 1185181-9001, DATE: June 23, 1997 PARCEL I: THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER • OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,WASHINGTON; • EXCEPT THE WEST 42 FEET THEREOF CONVEYED TO KING COUNTY FOR .138TH • AVENUE SOUTHEAST BY DEEDS RECORDED UNDER RECORDING NOS. 6417491 AND 6417492. PARCEL II: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER Co OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 23 NORTH, RANGE 5 • p EAST, W.M., IN KING COUNTY,WASHINGTON; in EXCEPT THE WEST 42 FEET THEREOF FOR 138TH AVENUE SOUTHEAST AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 0 6417489. . Ti SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. W1Z1AL • i . T:\SHARE\FOPM5.:4CO..:CC 8 . • TR IM.ice • • EXHIB LAND LOAN AGREITBEMENT TERMS AND CONDITIONS OF LOAN 1. Amount of Loan$1,792,500.00 2. Term of Loan Twelve (12) months. 3. Interest Rate: KBNA Prime plus ONE(1.00) % ' 4. Principal Payable: At Maturity. NI 5. Interest Payable: Monthly. • 6. Partial Reconveyances. Partial reconveyances of lots or tracts will be provided during the term. of the loan to permit closing of sales by Sponsor upon payment in cash to Lender as follows: $41,825.00 per lot. Recording of partial reconveyances shall be at the expense of Sponsor subject to the following conditions: a) No material default has occurred under the loan at the time such release is requested, nor during the prior 12-month period. • b) All expenses incurred by Lender in connection with Sponsor's request for a partial release • (appraisal costs, recording fees, updated title insurance endorsements, etc.) shall be paid by Sponsor, on demand. c) Sponsor shall deliver to Lender all financial and other information(updated financial statements, tax returns, etc.)requested by Lender, and take any other steps Lender may reasonably request. 0 n 8. Disbursement of Loan Proceeds. Loan proceeds shall be allocated as follows: N a)To acquisition of property$662,706.00 plus closing costs . • • b)To development$1,129,794.00 less closing costs . Disbursement of property acquisition proceeds will be made through escrow at closing of property acquisition. • Disbursement of loan proceeds for development will be made monthly on the basis of costs incurred and paid through then end of the prior month for development work. Sponsor shall submit requests for disbursement in such form as KEYBANK NATIONAL ASSOCIATION shall designate which request shall contain proof of costs incurred and paid and certification by Sponsor's architect or engineer. Disbursement shall be subject to the provisions of Paragraph 4 of this Agreement. • • Bp T:\SHARE\FGRMS\MLANOAGR.OGC 9 0, • tt•• t. r • • CERTIFICATE f WHEN RECORDED RETURN TCk I.the tmdcrslgned,Mot Clerk of the n.ofdw city clerk City of'Renton,Wa.I.Ington,certif'y that this Is a true i AmwoulawdapdbWWWs • Mtn and correct copy of • R�ro aa(�+A I, f. Stbscrbed and -. -, i tat Oi 4: 6 � _gt N 4 oo 8 0 O !t Lu > U • • a > w". CITY OF MINTON, WASHINCTOH p�cc ORDINAlDU MO.. 4612 R • 8 AN ORDIADLNat OF TM CITY 01 REIT(1, WASSINGTOai, 1`! ASSISSKEIrr DISTRICT TOR SANITARY SZNZR R _. I SRRYZCs EN A PORTION. 07 TZZ SOQTS RIQ LAND S, SZA�R . .... . . G �_ . ... WITS,. AND._]LAPLZ1rOOD SUB-DAMNS AND ZST.ISLZSHIXO 't'!LZ Midair!' OT TEl C81RQ= UPCar cceeni.TIC1r TO TSZ PACILITIZS. . i :' . 8 • - THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN .. ' , AS FOLLOWSi SZC.TIOf I. There is hereby created a Sanitary Sewer • c Service Special Assessment Distri4 t for the area served by the Bast r CADRenton Sanitary Sewer Interceptor in the northeast quadrant of the City of Renton and a portion of its urban growth area within l g unincorporated Xing County, which area is more particularly �� described in Exhibit 'A' attached hereto. A map of. the service '' area is attached as Exhibit R. The recording of this document is ti � to provide notification of potential connection and interest anytime, • charges. While this connection charge may be paid at the . c. City does not require payment until such time as the parcel is connected to and thus benefiting from the sever facilities. The property may be sold or in anyb other way change hands without • : IL triggering the requirement, by the City, of payment of the charges . ti associated with this district. 1 SECTION II. Persons connecting to the sanitary sever r I • ! . ' Ili ''. '' facilities in this Special Assessment District and which properties t I. •;,N. }.... . `" ... . :Ij: .•:•;'..- t .y • j,:: • r f... ORDNANCE 4 612 f have not been charged or assessed wicn all costs of the East Renton tSanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in i addition to the system development charge, the following additional • I . fees: I A. per Unit Charge. New connections of residential dwelling . • units or equivalents shall pay a fee of $224.52 per dwelling unit • " and all-other uses shall pay a unit charge of $0 .069 per square„ . • • 'toot of property. Those properties included within this Special • ' ik Assessment District and which may be assessed a charge thereunder • • are included within the boundary legally described in Exhibit `A' and which boundary is shown on the tarp attached as Exhibit `B.' Asca u_ III. In addition to the aforestated charges, there • shall be a charge of 4.11t per annum added to the Per Unit Charge. • ! C 01 D The interest charge shall accrue for no more than ten (10) years •4 from the date this ordinance becomes effective. Interest charges . • '1 will be simple interest.and not compound interest. • 1t ` SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30: days after publication. • PASSED BY THE CITY COUNCIL this jgth day of June 1996 . • Maril etersen, City Clerk . i . ' ' IL ' : - AM .m.mma 1 _ _.'w; Qom. "..- • 1 i•1016.6110...0.01•. — — nRDWANCE 4612 APPROVED BY THE MAYOR this 10th day of June , 1996. • Jes Tanner, Mayor . • s Appr• : . as to form: . ti, Alp rtolAYr4,4.44...0 9:74)/LiN4Q2A0."' . . . 1. • Lawrence J. Warren, City Attorney . - • Date of Publication: 6/14/96 _ _. .—.---- - 1•.::t_ _ O- wI.576:5/20/96:as. _ • . 8 • 14 W g 0 Ni • • • . I • . y 3 f. I '�•rr �a( +`:.-rt,iJ> l' Ai!v-;'3•' 0,' w.r..>Lo• '4• - ; . . • • Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON—EAST RENTON INTERCEPTOR Portions of Sections 8. 9, 10. 11. 14. 15. 16. 17. 21 and 22 all in Township 23N. Range 5E W.M. in King County. Washington Section 8,Township 23N, Range 5E W.M. ' ._ . :i• All of that portion of Section 8. Township 23N. Range 5E W.M. lying East of the _ East right-of-way line of SR-405 and South of the following described line: , ' •� • `— at"the intersection of die East line of said Section 8 with the centerline-r -: . . . _-of Street thence Westerly along said centerline of NE 7th Street•to.its • -• . . . -.— - -;intersection with the centerline of Sunset Boulevard NE• thence Northerly along_-, _ -.. _ .. .i.�__ .._... `tye oeaEeriine of Sunset Boulevard NE to the North line"of the Southeast`y:�Pf "• : •_',.. . 'a _ .1._ :-said.Section 8;•thence West along said North line to the East right-of-way line_of SR-405 and the terminus of said line. r � 0 Section 9,Township 23N, Range SE W.M. 11:. C? :ill of that portion of Section 9. Township 23N. Range 5E W.M. lying South and ' p East of the following described line: GD • 07 Beginning on the centerline of NE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to Its intersection with the centerline of Monroe Avenue NE• thence North along said centerline to the South line of the Northeast Vi of said Section 9; thence East - along said South line to its intersection with the centerline of Redmdnd Avenue , • NE; thence Northerly along said centerline to its Intersection with the centerline of • s , • NE 10th Street, thence East along said centerline to the East line of said Section ; i. j 9 and the terminus of said line. Section 10,Township 23N, Range 5E W.M. • All of that portion of Section 10. Township 23N. Range 5E W.M. lying Southerly and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of ll the South 'h of the North VI of said Section 10; the'ce Fast along said North line •" to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast Y. of said Section 10: thence Fast along said North line to its intersection with the East line of said Section 10 and the terminus of said line. ,�•�. 'ice c v .".°.44 . 1 1 Legal Description of the Special Assessment District 1 for the City of Renton—East Renton Interceptor Page 2 of 3 Section 11,Township 23N, Range 5E W.M. All of the Sc uthwest V4 of Section 11.Towrshlp 23N, Range 5E W.M.. Section 14,Township 23N,Range SE W.M. I. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as • follows: All of the Northwest S4 of said section. together with the Southwest V4 of said section. except the South ' of the ooutheast ys of said Southwest ys and e:::.ept the plat of McIntire Homesites and 1 of streets adjacent as recorded in the Book of Plats. Volume 58. Page 82, Records of King County. Washington. and except _ . the South 151.55 feet of the East 239.435 feet of Tact 6. Block 1 of Cedar River Five Acre Tracts as records 1 in the Book of Plats.-Volume 16. Page 52. Records of King County. Washington. less 1 of the street abutting said portion of Tract 6. Block 1, and less Tract 6, B.)ck 2 of said Cedar River Five Acre Tracts, less '2 of G:�• - ' Lo the street adjacent to said Tract 6. Block 2, and•except the South 82.785 feet of J the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less • O VI the street adjacent to said portion of Tract 5, Block 2. N • C • C AD Section 15,Township 23N, Range 5E W.M. FI en All of that portion of Section 15. Township 23N, Range 5E. W.M., except the iSouthwest k4 of the Southwest y. of the Southwest V4 of said section. • , Section 16,Township 23N, Range 5E W.M. • ' I All of that portion of Section 16, Township 23N, Range 5E W.M., except that , 1, portion of the Southeast VI of the Southeast V4 of the said Section 16 lying East of ' 1: the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of V Plats Volume 39. page 39. Records of King County Washington and its Northerly extension to the North line of said Southeast V. of the Southeast k4 of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR-169 (Maple Valley Highway). 1( • Section 17,Township 23N, Range 5E W.M . f All of that portion of Section 17. Township 23N, Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway) and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying •• :' a oAtluPl,w,v CrIferrirearDIMOUBOOd.a.• • • • • . . •I . • • Legal Description of the Special Assessment District for the City of Renton-East Renton Interceptor Page 3 of 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR- 405. • SfctIon 21,Township 23N,Range 5E W.M. All that portion of Sec 21. Township 23N. R 5E W.M. lying Northeasterly of • the Northeasterly right-of-way line of SR-169(Maple Valley Highway) and West of • the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats.volume 39. page 39. Records of King County.Washington. • • _Section 22,TownshiP-23N,Range 5E MIL • All of that portion of Section 22, Township 23N. Range 5E W.M. described as - follows: • All of the Northwest V. of the Northeast 1/4 of said Section 22 lying Northerly of the - CO Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats, volume 78.pages 1 through 4. Records of King County.Washington. Tbgether with the North 227.11 feet of the West 97.02 of the Northeast 1/4 of the • 0,1 Northeast 1/4 of said Section 22. CD 0 • 1 • r • • • • •. . r' VIATAIMINIANIEHPIPOPPIIMMICIIMOLIMOILibe • • • , . 17:111E . . Fr him ,• • d t { t i r i " • H i t Exhibit B EAST RENTON INTERCEPTOR Special Assessment District Boundary FruirT11 . ' . . 1 °;;r1111 r+± . — 11-4..G7+__ •%/-• ' • dorr . .,. , iiii7.471 ---,Oil IllArk i • • . . •• --... A100110r1 \4",p‘.,, 4.':fr.,,,r7rtyr,---.; - ....., .17,4' '..grka.- A4A1 pr 7 . \...,, ..... •.• ., , r:-.,..„..,....„, ir ii., - ., Ar 1 1 :. r:1 ,. n•fit•;.,4+�0 .1�''.;w `ie. //r ,,I I�r: ; — r�w�pf .ti I '' I 1 "brit' If . • ti ,�,/j)I �I irk / i.��--�/ie: AI I Jr 1 Fri ii :.It'll r .0z*:/r or:42w- ,i -v- .ir •-----1 • 1 0,Liiii07 .. 0 tdrf/ I�i•rif . i .. ILi1//�tf.411/4 ti / pi,pARI-rAvocl-ir' ipr Ar rl . Ze.-, AIAM-Itil .ti . • 1 g -� —r• fiO •Aram • L. 041f rIk,:j • •;.: I* ..*.A: -fiTir4:0010poffr'rirf4cdr go• . iiiii.:-1111.1rx 's.•\ -.P• 16 W‘4"- * . I. ikillil A . . , . 41.... . . ,; i ' 0 2000 . ='fit • ':!j SANITARY SEWERS • Ckp limits ' Works [L1-l.IJ Spada Ass«a,»nd (Norio ,� �CM V � �r ova ,v'�..� .r • • . .• ...r,-..... 5 t :111. 01---.711rill: - , • • ....„. 1 , .. 4Y k r I 1 ets. 1 f> 23 etS.10 _ - U ., 4 '74 H9 p W.A.,. farr i i t R 1.064 •';o,q"- Q�`� QUIT-CLAIM DEED t'� .. . 7 T.L. 43 Q n. grsaw s J�ua. Lou C. La rain and !tar ba r a t. Lar.en .end _an HoIcoab - C - (S I,S00.0v - �I 7) for the e.a ider•uo. of i /f •�� E ti' dl/o.eEb '�--Uri `"�( awl alas of ►sa.ltts I. awry. le. :new b7 mamas of Ieyta� •et awl ewtallishiair • p.bli• read through t he t r ro n mad which to beretaalwr downhill. some. r.teaae . sad ID pa 1. 7 Qst• 0 IN - . data t• tl. Cousty of ,t n1 State •f Ws4Atagtp.. for we of • • I th �� I e Public for..e ..r. ea a public road and blower. all itstert Ls the ete the following deaebed reel,.atil.. f : ,ncluttl ^g :.ry utter acau. red title. ' The !set 77 it. of the '.test 42 ft. of th. .t.orth 1/2 of the N,6.'. of the S.C.'. of - ' Id them tat•.'. of Section 10. rep. 21 N.R. S :,Y.I'. it Containing .21 Acres tor• or 1.... • • It Q.'a 13ath Av.. S.E. ( S.C. 12eth St. to Renton-Issagaah Rd. ) • s t' together With the nett I.wale WI oerr.aary sl p.. for ruts sad fills up• th• sbutung property, mad on mean I - • \II .td.of maidspecificationsb.d right-of•wa7, to eoo(ortt7 wits standard plane aid specifications foe highway purposes. I - mad Li the name-auat sad purpose an .f the n fbti b.rnta rented bad been acquired b• naodewaau••pro•.•d• " II tags under rawest Domain sutures of lb. State of Washugt.a• ' • i • I� . ■tsslad is tb• County •f Stag* .f waJugt•a T II Dated tie .�`Jl dar of '� A D It ( - _.. l� • ) I, • I /U 1/ 1 ..fees.- ! ._ . _ i. -_ • _ __ __._ - -_. - - _ _ -- __ - — .-- -- -:- =— • . • , STATt 01 WASNINOT'ON 1 i COUNTY 01 '<--/ '-.C.- / • 0•tba —t V �y.L .6,Pr . IK.' haw. at. a Notary P iblis I /... , V L�A s.+� i I u•led fee the State if Wuttngtw, duly wwwaseteaed said ewer., p•r.eaeLy easeF� 26041e.'011.f.1-Nw•'".-• /.r- /-4'4`CHit' to we knows to I.the individual -t described in sad .''y/ ) 'Rotated the ...thusisetruw r's.ot and •eka.wl.dg,d to me that eaf' Resod and misled Ilse ease Si "-"ietd:....,,(r.. end •slustary •el aid deed for the uses •nd purposes therein sentioosd. :'�N ttlabaaliriftt.d sad offtevl meal the dar sad y.si tint•bo•Wwnttas. I . Nktery Talsliw u'aa4 fee the State a te sf Washington,riding at 2it'4'd id t". - . •__ • r.•C.tt, .�O .f • il • a r L e KCCADED ••SJ i�'t • y.1 _ _ • u 7 f ..? —ta[iYiCiat t1i1 3 x _ to g i . 5 ? i . . 3 0 Ro1 i r.:s*,uerT �� _ is_ ` ,2U'1T-� DEED L . pro+ 1869 .. T. L. 34 / 0 23 • . S Horace De Valle i Av+e-belles Del Va11e- Louis G, Larsen & Thu Traitor.-..-.,_costa_ - parbars J. Larson ROOS VELT efrIG, !PC. ttorace Dal Valle , Pies. & wQrt•a Kim" . --tit-or-rm. Qfor tie oeaoderetsea J n~�- —.—. ._ __-- -- - —-- �slian s —sad ale*of►weata to aearse ta_.._-__ tbaa .._ rew.... .sy a of Lanai out cat aria/401a. s psclk road t • t7 Gtbme& cabal f property. sad .1ieb to 1•rotaafur doea+►od. Deity—. maces_— sad galt•aWa., ' . . • I o the County of - King —..... . _Blau of W aa►aaetaa. fee sae of tea rabbis (wiser.as a poblts read Lad ►ibway, sL Lateran u tie followtse d.•eenb.ed real saute, .0 • The west 42 ft. of the South half of the NEsG of the SE'C of the' Sb . . •7 Of Section 13, Twp. 23 N . , R . 5 E .M .M. -ei "11111111111.11"Zwilimill/Ter , 7 ne I- • f. / ' •nCluded within a strip of land 84 ' .. . in viCth , navtng 42 ' t . Of Such . •. , ^.,• .t•. follows .I Beginninge .rain on oacn , .at a :c�:_. _ _ o o«s . at _ t-e S .w. corner of the E . 1 c' the E 4 o' the S .w . 'c of Sec . '0. Trp. • ' .3 N. . a'. , c .w,M• tr,ence N . ,:.° 7 ' E . along the w , , •ne of said .c .,bdivtston a distance of 155 .90 ft . . thence along the arc of a curve • •d the left having a radius of 1 .600 ft . , a a' stance of 195 .48 ft . thence � . 60 56' 43" w . a distance of 214 .SE ft . thence along the arc of a curve • ;. the right , ndving a radius of 1 ,600 ft . . a distance of ' 95 .48 ft . thence 1. 0° 01 ' 17" E . a distance of 48.2 .58 ' t . . thence along the arc of a _ ' curve to the right having a radt..s of 1 .600 ft . , a distance of 195 .48 ft ., • l tnen.e N. 70 W . 17" E . a distance of. 216 . 12 ft . , thence along the arc of • a curve to the left having a radius of 1 ,600 ft . a distance of 19S .01 ft., thence N . 0e 02' 72" E . a distance of 2 ,029 .60 ft . , thence w . 1e 20' 15" E . a distance of 451 .99 ft , thence along tre arc of a curve to the right - having a radius of 1 ,600 ft . , a distance of 101 .54 ft . , thence N. 4° 58' 22" E . a distance of 465 .68 ft . to a terminus on the centerline of the . aenton. lssaauan aa . to :,e,. 3 . ..o . : 3'• 5 E .w ,M, at irate highway .. Sta . 176 • 74 .51 . ..• . !ontatntnq 4111 .z� acLes --ore Or Tess . // •,w t ;Q'^ Ave . ( S .C . 128th ;t :d �ertton• ISSJ4uar d . . • • torutler r•,tb t►e ',Ott to ciao oil otesss&r7 slopes for cuu Led Vas upo. Us .b.tt.nr proparr Lod no "es std• r( laid detrnb.d nrat-of•.s?, to toaloneit? with nsodard plus and apwbesuoo• for ►tgbWey p'Amm '.lad ta tea can••1te•at Lo.i pI:moos as II U. r.(Ili bsrs,n rooted bad beso Lcgo.trtd b• eoodrtoaMII . 1 t proeredusr• ender Esa,aut Donuo aunty of Lb. State of 'asata(toa, j L' �+��:�i� I a,.� • • '.•L •situated is tie Coast( of / 1 ' • � Stars of Wuhtortoo ', • reps - • - Dated��tt w .2/ day of .3 .9Y A. D : V! _e.. i J t r . laity I-) . ;/".,-", .. / , , !/_ . - _ . . 'f= r' ......., � . • .. . . r • ; i 4. . y.. w. .- -. r Q++ ..•C.01 TIN+ p71r:- ✓ .'' ._ - '' EMT" o�*JAlt. .+tt 1 ! Oa ta. 2l 47. b 1 Sir"?' Id4'bd.Ps a..xdi7 Pubis fa I 'r .d Isr the Data al w dub..�i...d .d ....1. =a137 sate !.Q�,�1 " ar!•BL,z.L �► 11E•.larla ,L,��r.«. �f/ �O M 1. tee i�idd41 -.- I. semi .. . ,/,■•-r.r the vitals r.w..amlt..r.'.Ib..+lri ad as as . -• --'� - ad .e.i4r.----treif.d vaimiery ma awl llama!sr Oa um sad pumas t r'i. I alms of W/1M itf.+al seal the day era year dna writ ta IM'� .....,..,/___,? •I 0 1 • N.t.rT l�titli�il' •aF:r v Aut. •1 w..►►.rt.., r.1 4 .t_. •tom/�/r_ l-r� I l . II 4T 4TE OF WASHINGTON. I . (owIV01 le ,4` 1�� . (►I'hr. L i J11 O( J.S . fr :9L p KC rv. r IV ."1-••WIrW4. . I \••'n 1•J'.1•• .n nJ 'a .'he id. M YE''JI'nron. Juh •ort■e•..•..r.1 64....1 ••••n 7.r. ro.01/111% '('r•Pr.!/ /. /'r.t'tt 1//i `i►.. t t u+J 4., - 01r1N Ass• / I..n• ►n..•.1 •.•by INC Yr Jew .....• 4'I;tr � •fs� �•.. ..I...•.,.. •.4 ' A �Tv /.v ... M ••+I..•I'•. II..' est..•N the Ir.rt..•ni In.Ir•rn.M. •IJ . n.l .■It.T:J '4 ,.. r. .:•..r-•... N. � u b .l , . _ . • ..' •• •I ..I 1 .u •.$Sari M•led I we. .nJ lep.a .•. IICW•uI aver•O•V AA. ... un n•..'h .r ' ,. •••A RrOW Iht ...ail In.".■A•.■ and Ih.a Ihr .tal ..i.t.J I.1 uw I pi OW ...I.•jIi w•v .. ...I ..1.•u••• g1 lrw1 •A.•I.J ral hnfl.r A%CiJ the Jai I Iti/';r .A•.. •rY•.�- • raw. d•,' '`r or ; . «17,.;e/ — �.. • • :�• I. r:•1f : •\' I.I /ilk•. to n.J ••• Ira I • 1 1 rY . „ •411 / J • u II-�� II: . ' 1- - rar - _ - - _ l; I 7 Lila _ a 1 1 It 1I II. i gr .. �i pp p a r S� a . rya li= 'I. = m Y ` ( o` L ' C: C..) 0 a a est* A liCIRS*. '1:R F • 1..) et g t h a i KK>rou 1 rate*�,� I Noy d •0 c us 6. as II CrI J _ C i o • `o X•• m 1 11 • 1 • T.L. K Q �T: ')J,.f',3 ';I i• • no imam_ r TmmL lO141L SV /�J. . •: .. S.S. ielar; ►resident and D.E. NoC, r.,. r y for the consideration oI_ • and $o/1a0 _._._Dollars .c: sad alio at basa lts to omens to.. by reason of iallnt out and aetabIlaitag a while road • though.._.... -property.and whkh la hereinafter described.ooaveyll,Modest.and quiteMla<! ; • to tb: Coenty of..... King__ __—___...__.._........ ...Stab of Washington, for sae of the Public , • fogeys?. as a public road and highway. all interest in the following described mandate.1 1 including any after acquired title. • 1 The West 42 ft. of the South 1/2 of the N.H.% of the S.8.14 of the S.V. L. \ of Section 10, Twp. 23 N.R. 5 B.M.N. I . '�`' included within a strip of land 84 ft . in width, having 42 ft. of such �,Cwidth on each side of a centerline described as follows; Beginning at + the S.W. corner of the E. t4 of the E. t3 of the S.W. k of Sec. 10, Two. 1 y 23 N., R. 5 E.W.M. thence N. 0° 01 ' 17" E. along the W. line of sAid ,i subdivision a distance of 155.90 ft. , thence along the arc of a curve 1 to the left having a radius of 1 ,600 ft., a distance of 195.48 ft. thence i --- �' M. 6° 58' 43" W. a distance of 214 .56 ft. thence along the arc of a curve ' '; to the right, having a radius of 1 ,600 ft., a distance of 195.48 ft. thence ', I . :NI. 1. 0° 01 ' 17" E. a distance of 482.58 ft., thence along the arc of a' curve to the right having a radius of 1 ,600 ft., a distance of 195.48 ft.. ' thence N. 7° 01 ' 17" E. a distance of 216.12 ft., thence along the arc of a curve to the lef; having a radius of 1 ,600 ft. a distance of 195.01 ft., i thence N. 0° 02' 22" E. a distance of 2,029.60 ft., thence N. 10 20'- 15" 1 _ i E. a distance of 451 .99 ft . thence along the arc of a curve to the right ' : having a radius of 1 ,600 ft., a distance of 101 .54 ft ., thence N. 4° 58' t 22" E. a distance of 465.68 ft. to a terminus on the centerline of the i ' Renton-Issaquah Rd. in Sec . 3, Twp. 23N., R . 5 E.W.M. at State Highway i Sta. 176 + 74.51 I Containing .21 Acres more or less . R/w 138th Ave. S.E. (S.E. 128th St . to Renton-Issaquah Rd.) [ I, • • h . , 1 .• a • : . • • t...X..' •i'-ihilV • • . -4S.‘ • - • I *-Ti. t .. �: : together with the right to make all aecaaaa',.iopo fat cats and ails gee the abettiag property and on I each side of said described right-et-way, in cosfuity with standard p1w,and IPedneltkilii tar bleb. „•1 way purposes, and to the same extent and pterpoas as It tits rigilta bends frosted had bee acquired �. by condemnation proceedings aadsr Eminent Denials manlike sit the Stets of Weahfagto.. r-- _.Seats of WuhbYtw. situated in the County of.........__.14.111 _........__. --.—.._. .D Dated this............ 1 y..__d oL...._,l14Sr!!lbflC..—___..._.._.._... A. D. 19....& IN WITNESS WHEREOF.said corporation lies sawed this Ws:swest to be esartsd by its proper nonce, and its corporate seal to be hereunto a laed this Oaths day of September 1961 /w$ j/ 1 .�`: ,r o► •...,A,, Pav>�rTI u Hm"Iat 5191303 Banram: '• . / as • . _ • �� o• •. ....• �' r ated, e e�e.e c.-a� •lr.etto` By .. .. __.._._.. ___ _ • :NTvTE OF W.\SHINGTUN. SS. ' County ol '•:etc I . t l M this "'t t_'t day of S.p t.r.ther s 1?6L' , Wart one, tie undenepted, • a Notary I'uhltc in and 1.4 site Sate of Vsa.slungtos,duly cwnnrsitoned and sworn, personally appeared ' ' .. °^lsk and Z. v.. !.: fire ' to me known to be the Rrsdtt and . Secretary,respecthyly,of , . ' °r_1..•tatl Yt a . Sa•rtrr;s lank the corporalrtt that unmet the forerun'tnttrument,and acknowledged the said iaseruseae to be the free sad • voluntary act and deed ol said corporation.ration.toe the use.and purpoon therein tnentiorard,sal oe oath stated flee • • ..,13.,..kr r. authnrtred to 'senile the said instrument and that the seal aUsted is the :Depurate seal of said tk,! . tp hand and aka! seal hereto affised the day and year in this certificate abort written. :� • .1u:1^r. •e • • '•. • • - .'. . / 11. , /. _ '' 4 ?- ..s • ' 3 votary Prater to and Jar the Slade of R'askirsgfen, e I 1 s ~s 1 rending el Seattle . Or raSr`�• 7> . ••.,.�•- nice . . . ..Y_i I '1i' r r .►. 1echsesr al be..d cr i'4v C. ..u.:.4os • • • • yy$R •• ..� .. P. , .—........� • 333 a •P....OW r.l.. • .r—.•.�_w• IN i :I ..; in=ITZ•L"'"Z":".'"'IV . ill 11 - „_........2.2=.”TA.:::..../. al maw••UMW Waft 1,4 .••••••••••••\ , • • •\, ••• .0.•••• I g g !. •........al. 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III E 11 i1 1 1 le 1 �E - ! ;III: �� ll Ill ll I'l lI 1. l= iI 1 1� 1 , •. .. �• na l ii 1 � 9 � �1111 ! ._ 11; .= II a 1 1 1F I • 1 i . i ii� i iI_ _ � Iill i _ II MONO CU T1,flcATt suraysroaa's CEATIFIGTU NORTHWARD PROPERTIESiiiii 'post a54-3'a� OR �'-7e7 • ,ter ,�,• Lev „r tnr. •.•t. •.rr.^a-r 1v rr•f r.•..•nr• i survey wade RKO MO/A NORTHEAST0000R ENGINEERS`INC. • • rw ►..� ,t t_, we ,.r m.w.r ,.., -1.re.r.•.n n. .ont0rrn,�• S(MTEbO •_ ,.4. •r r,v rr-,..-•I of _.tn tn►.-,.-r...•.-.fits .1 rear S.,Pvt► RECORDING •EI LEYUE• IIA f1000 a •�B�'A�NLjE'Yf TI-�AST IwtfltS I ( - • sat •r rr.. r• lwar uf BFLLEVUE•WAst-gN(;rorq 99CX)7 : .,..,••.. .t,,..,.., • flit t,..., • NORTHWARD PROP£RTEs RECORD OF SURVEY t fw ot nt A L. CHRISMAN so 10_2.3-3 P"c" r"O '°1 N Y f 1 '1•, 8 •.c,,, L BECHER . 88008 ..,.�. ,.....,.,� �� CASCADIA r,�rt MAY �e�,__._� - - r_'�/r�_f.� .r r . . 18909 • -- n.•,•,. '. Q MINN YMAN P 1 5 r 11.u. 1 FIECFIVED i --time i'...•*N. NOV 1 3 1997 4.0 DEVELor"vjENi PLANNING CITY OF RENTON First American Title Insurance Company AMENDED SUBDIVISION GUARANTEE ORDER NO. 335090-5 LIABILITY: $1,000.00 FEE: $200.00 . TAX: $17.20 • FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES DODDS ENGINEERS • herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances setforth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS { 1. No guarantee is given nor liability assumed with respect to the validity, legal ' effect or priority of any matter shown herein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W.. and the local regulations and ordinances adopted pursuant to • said statute. It is not to be used as a basis for closing any transaction affecii't` i said property. OCT 3 0 1997 BUILDING DIVISION PAGE 1 OF 4 WA-97 (5/95) • 110-d 90/ZO'd 1/00-1 8fl9-810-90Z 31111 NVOIii3thY 1SdId-INONd 60:60 16-06-100 �4 • • SUBDIVISION GUARANTEE ORDER NO. 335090-5 SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: BLUEBERRY PLACE COMMUNITIES. L.P., A WASHINGTON LIMITED PARTNERSHIP • •, B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under record matters. • The following matters are excluded. from the coverage of this guarantee: 1. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. Description: PARCEL I : THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 42 FEET THEREOF CONVEYED TO KING COUNTY FOR 138TH AVENUE SOUTHEAST BY DEEDS RECORDED UNDER RECORDING NOS. 6417491 AND 6417492 . (CONTINUED) Dar-x nF 4 • WA-97 (5/95) 1110—d SO/EO'd P00-1 8fl9-011-903 31111 NVOIa3WV 1Shcd-WOH s E0:60 16-0E-100 • ORDER NO. 335090-5 PARCEL II : THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 42 FEET THEREOF FOR 138TH AVENUE SOUTHEAST AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6417489 . SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Record Matters: 1. • FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK- UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER FACILITIES OF CITY OF RENTON AS DISCLOSED BY • INSTRUMENT RECORDED JUNE 21, 1996 UNDER RECORDING NO. .9606210968. 2 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: .i GRANTOR: BLUEBERRY PLACE COMMUNITIES, L.P., A WASHINGTON LIMITED PARTNERSHIP TRUSTEE: PSM FINANCIAL MANAGEMENT CORP., A WASHINGTON CORPORATION BENEFICIARY: KEYBANK NATIONAL ASSOCIATION, A NATIONAL BANK ORIGINAL AMOUNT: 51,792,500.00 DATED: JUNE 23, 1997 RECORDED: JULY 15, 1997 RECORDING NO. : 9707150883 3 . MECHANICS LIEN: CLAIMANT: J. CLARK JOHNSON ENGINEERS AGAINST: NORTHWARD CONSTRUCTION AMOUNT: S810.00 FOR: LABOR AND/OR MATERIALS AND/OR EQUIPMENT DATE WORK COMMENCED: JULY 24, 1997 DATE WORK CEASED: JULY 26, 1997 RECORDED: OCTOBER 7, 1997 RECORDING NO. : 9710070301 4. EASEMENT FOR THE RIGHT TO MAKE SLOPES FOR CUTS AND FILLS ALONG THE STREET MARGIN OF SAID PREMISES ABUTTING 138TH AVENUE SOUTHEAST, AS GRANTED BY DEED RECORDED UNDER RECORDING NO. 6417489. (AFFECTS PARCEL II) (CONTINUED) flar_V z nr a WA-97 (5/95) 110-d 90/g0'd b00-1 8fl9-8PP-90Z 31111 NVOIa3NY 1Sd1J-161Obd PO:60 L6-0E-100 ORDER NO. 335090-5 5 . EASEMENT FOR THE RIGHT TO MAKE SLOPES FOR CUTS AND FILLS ALONG THE STREET MARGIN OF SAID PREMISES ABUTTING 138TE AVENUE S.E., AS GRANTED BY DEED RECORDED UNDER RECORDING NOS . 6417491 AND 6417492. (AFFECTS PARCEL I) 6 . A RECORD OF SURVEY RECORDED ON MAY 17, 1990 UNDER RECORDING. NO. 9005179002 . NOTE A: GENERAL TAXES FOR THE YEAR 1997 HAVE BEEN PAID IN FULL. AMOUNT: $1,248.56 ASSESSED VALUE OF LAND: $90,000.00 ASSESSED VALUE OF IMPROVEMENTS: NONE TAX ACCOUNT NO. : 102305-9034-07 1997 CONSERVATION FEE OF $1.25 HAS BEEN PAID IN FULL. (AFFECTS PARCEL I) NOTE B: GENERAL TAXES FOR THE YEAR 1997 HAVE BEEN PAID IN FULL. AMOUNT: S1,248.58 ASSESSED VALUE OF LAND: $90,000.00 ASSESSED VALUE OF IMPROVEMENTS: NONE TAX ACCOUNT NO. : 102305-9043-06 1997 CONSERVATION FEE OF $1.25 HAS BEEN PAID IN FULL. (AFFECTS PARCEL II) DATED: OCTOBER 24, 1997 AT 8 : 00 A.M. 9file 41121 TITLE OFFICER vnr_V A nF A WA-97 (5195) 110—d SO/90'd ti00-1 8PZ9-8PP-90Z 31111 NVOIa3VYV 1Sd H—VHOad PO:60 16-0E-100 • 'L' •• DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF BLUEBERRY LANE `' '' KING COUNTY,WASHINGTON • TABLE OF CONTENTS RECITALS 1 ARTICLE 3 OWNER'S PROPERTY RIGHTS . . ... . 4 ARTICLE 1 3.1 Owners'Easements of Enjoyment . . 4 • INTERPRETATION 1 3.2 Delegation of Use 5 1.1 Liberal Construction 1 1.2 Covenant Running with Land 1 ARTICLE 4 1.3 Declarant is Original Owner 1 OWNERS'ASSOCIATION 5 1.4 Captions 2 4.1 Establishment 5 1.5 Definitions 2 4.2 Form of Association 5 1.5.1 "Assessments" 2 4.3 Membership 5 1.5.2"Association" 2 4.3.1 Qualification 5 1.5.3 "Board" 2 4.3.2 Transfer of Membership 5 1.5.4"Builder 2 4.4 Voting 6 1.5.5 "Common Area" 2 4.4.1 Classes of Voting Membership . .' 6 1.5.6"Common Expenses" 2 4.4.2 Termination of Class B 1.5.7"Common Expense Percentage" 2 Membership. 6 1.5.8 "Declarant" 2 4.4.3 Combining Class A and B Votes. 6 1.5.9 "Declaration" 2 4.4.4 Number of Votes 6 1.5.10 "Home" 2 4.5 Bylaws of Association 6 1.5.11 "Home Expense" 3 " • • 1.5.12 "Lot" 3 ARTICLE 5 ' ' . • - •. • • 1.5.13 "Mortgage" 3 MANAGEMENT OF THE ASSOCIATION 1.5.14 "Mortgagee" 3 6 1.5.15 "Owner" . 3 5.1 Administration of the Development 7 1.5.16 "Person" 3 5.2 Management byDeclarant 7 g 1.5.17 "Property," "Project,"or 5.3 Management by Elected Board of "Premises" 3 Directors 7 1.5.18 "Plat Map" 3 5.4 Authority and Duties of the Board . . 7 1.6 Percentage of Mortgagees. 3 5.4.1 Assessments 7 1.7 Percentage of Owners. 4 5.4.2 Service 7 5.4.3 Utilities 8 ARTICLE 2 5.4.4 Insurance 8 OWNERSHIP OF COMMON AREAS . . 4 5.4.5 Common Area • F:\WPDATA\CDOC\1920\192406.DEC i • • OC \�1S1O,� I RECEIVES 'BV\\'D\ 3 p NOV 1 3 1997 DEVELOPMENT PLANNING CITY OF RENTON • • Maintenance/Repair. 8 7.14 Utilities 15 5.4.6 Maintenance of Rights of Way,etc. 7.15 Antenna 15 • 8 7.16 Fencing 15, • 5.4.7 Fences,etc 8 7.17 Fireplace Chimneys 16 5.4.8 Lot and Lot Improvement 7.18 Games and Play Structures 16 Maintenance-Owner's Responsibility 7.19 Significant Recreation Facilities 16 8 7.20 Landscaping 16- 5:4.9 Lot and Lot Improvement 7.21 Temporary Structures 16 • Maintenance-Association's 7.22 Completion of Construction 16 Responsibility 8 7.23 Use During Construction 16 5.4.10 Lien/Encumbrance 10 7.24 Excavations 16 5.4.11 Enforce Declaration 10 7.25 Clothes Lines,Other Structures . . 17 • 5.4.12 Materials,Services,etc 10 7.26.Mobile or Manufactured Housing . 17 • 5.4.13 Attorney-in-Fact 10 7.27 Easements. 17 5.4.14 Borrowing of Funds 10 7.28 Garages 17 • 5:4.15 Adoption of Rules and Regulation 7.29 Parking 17 10 7.30 Oil and Mining Operations. . . . . 17 5.4.16 Additional Powers of Association 7.31 Catch Basin. 17 10 7.32 Garbage and Refuse 17 7.33 Pets . .18 ARTICLE 6 7.34 Signs 18 ARCHITECTURAL CONTROL 11 7.35 Nuisances 18 6.1 Construction and Exterior Alteration or 7.36 Common Drives 18 Repair 11 7.37 Governmentally Required 6.2 Sales Facilities of Declarant and Maintenance,etc 18 • Builders 12 ' ARTICLE 8 ARTICLE 7 COMMON EXPENSES AND USE AND MAINTENANCE OBLIGATION ASSESSMENTS 19 • OF OWNERS 13 8.1 Personal Obligation for Assessments ' • 7.1 Maintenance of Lots. • 13 19 7.2 Residential Use 13 8.2 Uniform Rate. • 19 7.3 Business Use 14 8.2.1 Common Expenses 19 7.4 Rental Homes 14 8.2.2 Special Charges to Owner. . . . . 19 7.5 Restriction on Further Subdivision . 14 •8.2.3 Declarant Assessments 19 • 7.6 Zoning Regulations 15 8.3 Estimated Expenses. 19 7.7 Building Setback Requirements . . . . 15 8.4 Manner and Time of Payment 20 • 7.8 Lot Size 15 8.5 Accounts 20 7.9 Square Footage 15 8.6 Lien 20 7.10 Building Height 15 8.7 Waiver of Homestead 21 • 7.1 j Driveway Standards 15 8.8 Continuing Liability for Assessments • . 7.12 Roof 15 21 7.13 Exterior Finish 15 8.9 Records;Financial Statements 21 F:\WPDATA\CDOC\1920\192406.DEC ii u 8.10 Certificate of Assessment 21 8.11 Foreclosure of Assessment Lien; ARTICLE 12 Attorneys'Fees and Costs 21 EASEMENTS 27 • 8.12 Curing of Default 22 12.1 Association Functions 27 8.13 Payment by Owners 22 12.2 Easements Over Common Areas . . 27 8.14 Omission of Assessment • 22 12.3 Access to Public Streets 27 8.15 Notice of Creation of Assessment Lien 12.4 Utility Easements 28 22 12.5 Project Entry Signs.• 28 • 8.16 Assessment Deposit;Working Capital 12.6 Encroachments. 28 22 8.17 Exempt Property 23 ARTICLE 13 8.18 Effect of Legal Proceedings 23 TERM OF DECLARATION 29 ' 8.19 Commencement of Assessments. . . 24 13.1.Duration of Covenants. 29 13.2 Abandonment of Subdivision Status. ARTICLE 9 29 COMPLIANCE WITH DECLARATION • 24 ARTICLE 14 9.1 Enforcement 24 AMENDMENT OF DECLARATION, 9.1.1 Compliance of Owner 24 PLAT MAP 29 9.1.2 Compliance of Lessee 24 14.1 Declaration Amendment 29 9.1.3 Attorneys'Fees 24 14.2 Plat Map 30' 9.2 No Waiver of Strict Performance . . . 25 14.3 Conform to Construction 30 9.3 Right of Entry 25 14.4 Conform to Lending Institution , 9.4 Remedies Cumulative 25 Guidelines 30 • 14.5 Declarant Powers. 30 ARTICLE J0 14.6 Amendments Affecting Special Rights LIMITATION OF LIABILITY 25 30 10.1 No Personal Liability 25 10.2 Indemnification of Board Members ARTICLE 15 25 INSURANCE 31 ' ' 15.1• Insurance Coverage ' ' • '31 ARTICLE 11 15.1.1 Common Area Casualty 31 MORTGAGEE PROTECTION 26 15.1.2 Liability 31 11.1 Priority of Mortgages 26 15.1.3 Workmen's Compensation . . . 31 I. 11.2 Effect of Declaration Amendments 15.1.4 Fidelity Bonds 31 26 15.1.5 Personal Property. • '32 11.3 Right of Lien Holder 26 15.1.6 Other Insurance 32 ` 11.4 Change in Manner of Architectural 15.1.7 Home Insurance 32 Review and Maintenance Within Project; 15.2 Owner's Additional Insurance 32 Insurance and Use of Proceeds 27 15.3 Insurance Proceeds 32 11.5 Copies of Notices 27 15.4 Additional Provisions 32 11.6 Furnishing of Documents 27 15.5 Cost of Insurance. 33 F:\WPDATA\CDOC\1920\192406.DEC iii . y a 1 , • 1.2 ovenant Running with Land . . . ., 1• ARTICLE 16 1.3 'eclat is Original Owner 1 DAMAGE OR DESTRUCTION: 1.4 C.':ions 1 , . • RECONSTRUCTION 33 1.5 De nitions 1 16.1 Common Areas• 33 1.5.1 Assessments" 1 16.2 Homes 33 1.5.2"•ssociation" 1 16.2.1 Reconstruction 33 1.5.3 "•.ard" 1 •, 1 , 16.2.2 Insufficient Insurance Proceeds to 1.5.4 "B ilder 1 r ' Complete Reconstruction 34 1.5.5 "Co mon Area" 2 17.1 Annexation by Declarant. 34 1.5.6"Co mon Expenses" 2 17.2 Non Declarant Annexations 34 1.5.7"Corn on Expense 13-rcentage" . 2 17.3 Common Areas Within Divisions . 34 1.5.8"Decl. t" 2 , • 1.5.9 "Decl. :tion" 2 1 ARTICLE 18 1.5.10 kHom " MISCELLANEOUS 35 1.5.11 "Horn Expense" 2 • 18.1 Delivery of Notices and Documents 1.5.12 "Lot" 2 35 1.5.13 "Mortgage" 2 • . 18.2 Conveyances;Notice Required . . . 35 1.5.14 "Mortgag " 2 18.3 Successor and Assigns 35 1.5.15 "Owner" 2 18.4 Joint and Several Liability 35 1.5.16 "Person" 2 18.5 Mortgagee's Acceptance 36 1.5.17 "Property," Pro ect,"or 18.5.1 Priority of Mortgage 36 "Premises" 2 18.5.2 Acceptance Upon First 1.5.18 "Plat Map" 2 Conveyance 36 1.6 Percentage of Mort: :ees 3 . ,. 18.6 Severability 36 1.7 Percentage of Owner 3 ' . • 18.7 Effective Date 36 . • 18.8 Governmental Right of Access . . 36 ARTICL 12 OWNERSHIP OF CO r ON AREAS 3 • ARTICLE 19 • • PARTY WALLS 36 ARTICL 3 ". • • 19.1 General Rules of Law Apply ... . 36 • OWNER'S PROPE'T • GHTS . • 3 ' . . 19.2 Sharing Repair and Maintenance 36 3.1 Owners'Easements . Enj. ment . . 3 19.3 Destruction by Fire or Other Casualty 3.2 Delegation of Use. 4 3 i 36 19.4 Weatherproofing 37 ARTIQtE 4 . 19.5 Right to Contribution Runs with Land OWNERS' ASSOCIATIoN . . . 4 • 37 4.1 Establishment / 4 • 19.6 Arbitration 37 4.2 Form of Associat on 4 1 4.3 Membership 4 4.3.1 Qualificatio 4 AKTI LE 1 4.3.2 Transfer ofjMembership 4 INTERP TATION 1 4.4 Voting 4 1.1 Liberal Construc on 1 4.4.1 Classes of oting Membership . . 4 FAWPDATA\CDOC\1920\192406.DEC iv . . • • . . • DECLARATION OF COVENANTS, i,uNDITIONS AND RESTRICTIONS OF BLUEBERRY LANE KING COUNTY,WASHINGTON THIS DECLARATION is made this_day of , 199_,by the undersigned,hereinafter referred to as"Declarant." RECITALS A. Declarant owns certain real property located within the State of Washington, which property and improvements are commonly known as BLUEBERRY LANE, and is located on land more particularly described in Exhibit A attached hereto and incorporated herein. • B. All Common Areas of the Project are to be shown on the Plat Maps recorded in conjunction with,and/or described in, this Declaration. C. For the benefit and protection of the Project, to enhance its value and attractiveness,and as an inducement to lenders and investors to make and purchase loans secured by Homes and Lots within the Project,Declarant agrees to provide herein for a method of use and architectural control within the Project. NOW,THEREFORE,Declarant hereby declares that the Homes and Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the • following uniform covenants, conditions,restrictions,reservations,grants of easement,rights, • rights-of-way,liens,charges and equitable servitudes.Any conveyance,transfer,sale,assignment, lease or sublease of a Home or Lot in the Project, shall.and hereby is deemed to incorporate by • reference all provisions of this Declaration.The provisions of this Declaration shall be enforceable by Declarant, any Home Owner, the Association,and any first mortgagee of any Home or Lot. ARTICLE I INTERPRETATION • 1.1 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land.It is intended that this Declaration shall be operative as a set of covenants running with the land,or equitable servitudes,binding on Declarant,its successors and assigns,all subsequent owners of the Property,together with their grantees,successors,heirs, executors,administrators,devisees or assigns. 1.3 Declarant is Original Owner. Declarant is the original Owner of all Homes, Lots and F:\WPDATA\CDOC\1220\1,92406.DEC 1 . • • I • • Property and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Homes or Lots are filed of record. • 1.4 Captions.Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. • 1.5.1 "Assessments" shall mean the regular and special assessments which the Association may levy against Homes pursuant to the provisions of this Declaration to pay Common Expenses and Home Expenses. 1.5.2 "Association"shall mean the association of Home Owners provided for in Article 4 and its successors and assigns. 1.5.3 "Board"shall mean the Board of Directors of the Association provided for in Article 5 1.5.4 "Builder"shall mean a person or entity who acquires title to one or more Lots for the purpose of,in the ordinary course of business,of constructing Homes for resale. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) - owned by the Association for the common use and enjoyment of the Owners and shall include all • Common Area described on the Plat Map or in this Declaration, but shall exclude all Lots and • land dedicated to the public or to a governmental entity. 1.5.6 "Common Expenses"shall mean those expenses incurred by the Association and paid by Assessments levied against Homes. Common Expenses shall not include Home Expenses. 1.5.7 "Common Expense Percentage" shall mean the portion of the Common Expenses which each Home must pay.The Common Expense Percentage for all Homes shall be an equal • amount. 1.5.8"Declarant" shall mean the undersigned (being the sole Owner of the real property described in said Exhibit A hereof)and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5.9 "Declaration"shall mean this declaration and any amendments thereto. 1.5.10 "Home"shall mean and refer to any structure(or portion of a structure)located on a Lot,which structure(or portion of a structure)is designed and intended for use and occupancy as a residence. Except as otherwise expressly provided in this Declaration, a Home shall.be F:\WPDATA\CDOC\1920\192406.DEC 2 • • • deemed to exist: (a)for purposes of voting and Association membership,both when the dwelling unit has been constructed and as well as when the dwelling unit has not been constructed but when the • Owner of a Lot has a right to construct a dwelling unit or units on said Lot;and (b) for purposes of assessments, only when the dwelling unit has been constructed as evidenced by the issuance of a certificate of occupancy. 1.5.11 "Home Expense" shall mean those expenses incurred by the Association solely relating to or benefiting Homes(and not Common Areas). 1.5.12 "Lot"shall mean and refer to any plot of land shown upon any recorded Plat Map of the Property,excluding Common Areas.Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on such Lot. "Lot"shall not include any land now • • or hereafter owned by the Association or by all of the Lot Owners as tenants-in-common,nor ' • include any land shown on the Plat Map but dedicated to the public or to a governmental entity. 1.5.13 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Home and shall also mean a real estate contract for the sale of a Lot. 1.5.14 "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner,of an encumbrance on a Home created by mortgage or deed of trust and shall also mean the vendor,or the designee of a vendor,of a real estate contract for the sale of a Lot. 1.5.15,"Owner"shall mean and refer to the record owner,whether one or more persons or entities,of a fee simple title to any Home which is a part of the Property,and,except as may be otherwise expressly provided herein, shall,in the case of a Home which has been sold pursuant to a real estate contract,include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder.Any person or entity having such an • • interest merely as security for the performance of an obligation shall not be considered an owner. • 1.5.16 "Person"shall include natural persons,partnerships,corporations,associations and personal representatives. 1.5.17 "Property," "Project," or "Premises" shall mean the real estate described in Exhibit A and all improvements and structures thereon,including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.18 "Plat Map"shall mean the Plat Maps recorded in conjunction with this Declaration, which Plat Maps depict the layout of the Lots on the Property. 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees F:\WPDATA\CDOC\1920\192406.DEC 3 • • • approving a proposed decision or course of action,a mortgagee shall be deemed a separate mort- • gagee for each Home on which it holds a mortgage that constitutes a first lien on said Lot. • 1.7 Percentage of Owners.For purposes of determining the percentage of Owners approving a proposed decision or course of action,an Owner shall be deemed a separate Owner for each Lot owned. ARTICLE 2 OWNERSHIP OF COMMON AREAS The Common Areas,within the Property and referred to in Section 1.5.5,are hereby conveyed to the Association.The Common Areas,if any,within any subsequent or precedent phase(s)will be deemed to be conveyed to the Association upon the recording of an amendment to this Declaration incorporating such phase within the Project and will be depicted on the Plat Map, and/or in the Declaration amendment,recorded in conjunction with such phase. The Common Areas shall,exclude those portions of common areas(and improvements thereto)which have been • or may hereafter be,dedicated to and owned by a governmental entity.The Common Areas shall • for all purposes be under the control, management and administration of the Declarant until all • Class B membership terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain,repair and administer the Common Areas in a clean, attractive,sanitary and safe condition and in full compliance with applicable governmental laws, • rules and regulations and the provisions of this Declaration. • ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owners' Easements of Enjoyment. Every Owner shall have a non-exclusive right and easement,in common with all Owners,of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Home,subject to the following provisions: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for: any period during which any assessment against his Home • remains unpaid;and for a period not to exceed sixty(60)days for any infraction of its published rules and regulations.Until all Class B membership terminates,the Association shall be required to exercise its right to suspend the voting rights of,and the right to the use of the recreational facilities by,a member for non-payment of an assessment,upon the request of the Declarant. 3.1.3 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency,authority,or utility F:\WPDATA\CDOC\1920\192406.DEC 4 • • i •. t • • ii. • ''r.' 2 such purposes and subject to such conditions as may be agreed to by the members of the Association.No such dedication or transfer shall be effective unless an instrument agreeing to such • dedication or transfer fiigned by two-thirds (2/3) of the Owners has been recorded and the provisions of Article 1 hereof have been observed;provided,only a majority of Owners will be necessary to approve dedicating a storm retention pond or similar facility, if any, to a governmental entity which shall maintain such ponds. 3.1.4 The right of the Association to limit the number of guests of members; 3.1.5 The right of the Association,in accordance with this Declaration and its Articles and Bylaws,to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property,but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.1;✓ and 3,1.6 Until all Class B membership terminates,the exercise of all of the rights and powers f:` set forth in subsections 3.1.2,3.1.3,3.1.4,and 3.1.5 shall require the prior written approval of Declarant. • 3.2 Delegation of Use. Any Owner may delegate(in accordance with the Bylaws),his right of enjoyment to the Common Area and facilities to the members of his family, or his tenants or contract purchasers who reside on the Property,and(subject to regulation by the Association)to • his temporary guests. • ARTICLE 4 OWNERS'ASSOCIATION • 4.1 Establishment. There is hereby created an association to be called BLUEBERRY LANE HOMEOWNERS'ASSOCIATION(referred to hereinafter as the"Association"). ' 4.2 Form of Association.The Association shall be a nonprofit corporation formed and operated • ' pursuant to Title 24, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation for such nonprofit corporation, the provisions of this Declaration shall prevail. 4.3 Membership, 4.3.1 Qualification,Each Owner of a Home in the Project(including Declarant)shall be a member of the Association and shall be entitled to one membership for each Home so owned. Ownership of a Home shall be the sole qualification for membership in the Association. • 4.3.2 Transfer of Membership. The Association membership of each Owner(including Declarant)shall be appurtenant to the Home giving rise to such membership, and shall not be F:\WPDATA\CDOC\1920\192406.DEC 5 • • • • • i• :'a • assigned,conveyed,pledged or alienated in any way except upon the transfer of title to said Home and then only to the transferee of title to such Home. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Home shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 4.4 Voting. • 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: Class A.Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Home owned. Class B.The Class B member shall be the Declarant,which shall be entitled to three(3)votes for each Home owned. 4.4.2 Termination of Class B Membership.The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership[such Class B membership for purposes of this clause ` (a)including Declarant owned Homes both then within the Project as well as those which may • be added to the Project,or (b) the date when Declarant's management powers terminate, as provided in Section 5.2." • 4.4.3 Combining Class A and B Votes.In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against that combined number. 4.4.4 Number of Votes.Except as provided above,the total voting power of all Owners shall equal the number of Homes at any-given time and the total number of votes available to Owners of any one Home shall be one vote. 4.5 Bylaws of Association.Bylaws for the administration of the Association and the Property, • and to further the intent of this Declaration, shall be adopted or amended by the Owners at a regular or special meeting;provided,that the initial Bylaws shall be adopted by Declarant.In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLE 5 MANAGEMENT OF THE ASSOCIATION F:\WPDATA\CDOC\1920\192406.DEC 6 • • 5.1 Administration of the Development.The Owners covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. 5.2 Management by Declarant.The Property shall be managed by the Declarant until the earlier of: (a)one hundred twenty(120)days after all Class B membership terminates;or(b)the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. Declarant, so long as it is managing the Property, or a managing agent selected by Declarant,shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board set forth or necessarily implied in this Declaration;provied, however, that if entered into before the Board elected by Owners pursuant to Section 5.3 ..takes office, (1)any management contract, employment contract, or lease of recreational or parking areas or facilities,(2)any other contract or lease between the Association and the Declarant or an affiliate of a Declarant, or(3)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 may be terminated without pen ay by the Association at any time after the Board elected by the Owners pursuant to Section 5.3 takes office upon not less than ninety days' notice to the other party or within such lesser notice period provided for without penalty in the contract or lease. 5.3 Management by Elect,Board of Directors.At the expiration of Declarant's management authority under Section 5.2,administrative power and authority shall vest in a Board of Directors elected from among the Home Owners.The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. Except as otherwise provided herein,decisions shall be determined by a majority vote of the directors entitled to vote. The Board may delegate all or any portion of its administrative duties to a managing agent or officer of the Association. All Board offices shall be open for election at an organizational • meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5.4 Authority and Duties of the Board.On behalf of and acting for the Association,the Board • • (or the Declarant or Declarant's managing agent as provided in Section 5.2`'hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration, including but not limited to the following: 5.4.1 Assessments.Establish and collect regular Assessments(and to the extent necessary and permitted hereunder,special Assessments)to defray expenses attributable to carrying out its duties • hereunder and maintain an adequate reserve fund for the maintenance,repair and replacement of • those portions of the Common Areas or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above Assessments. 5.4.2 Service. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall F:\WPDATA\CDOC\1920\192406.DEC 7 • • • determine are nerPcsary or proper for the operation of the Project,whether such personnel as the Board shall determine are necessary or proper for the operation of the Project,and whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water,sewer, garbage collection,electrical, telephone,gas and any other necessary utility service, including utility easements and street lighting,as required for the • Common Area. • 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds as provided in this Declaration. 5.4.5 Common Area Maintenance/Repair. Pay for the costs of painting, maintenance, repair and all landscaping and gardening work for the Common Areas and improvements located thereon so as to keep the Property in a good,clean,attractive, sanitary and safe condition and in full compliance with applicable governmental laws,rules and regulations and the provisions of this Declaration. The foregoing shall include: the cost of maintaining the storm retention ponds or similar facility,if any;and such replacing and repairing of furnishings and equipment,if any,for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way,etc.To the extent deemed advisable by the Board,pay for the costs of maintaining and landscaping rights of way, traffic islands and medians,or other • similar areas which are within or adjacent to the Project boundaries,and which are owned by or .`., dedicated to a governmental entity,if said governmental entity fails to do sogrovided,the Lot Owner at the Owner's expense(rather than the Association)shall maintain and landscape such areas as are,adjacent to such Owner's Loa o u Alto �,r»• 5.4.7 Fences, etc. To the extent deemed advisable by the Board, pay for the cost of maintaining,repairing and replacing: perimeter and' ences,if any;and landscaping and improvements on easements,if any,which are located on or across Lots;provided, the Board at its option inay require a Lot Owner at the Owner's expense to maintain,repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Lot and Lot Improvement Maintenance—Owner's Responsibility. In the event an owner of any Lot or Home in the Property shall fail to maintain the premises and the improvements situated thereon in accordance with the provisions of the Declaration, the Association,after approval by two-thirds(2/3)vote of the Board of Directors, shall have the right, through its agents and employees,to enter upon said parcel and to repair, maintain,and restore the Lot and any other improvements erected thereon.The cost of such maintenance shall be added to and become part of the assessment to which such Lot or Home is subject. 5.4.9 Lot and Lot Improvement Maintenance-Association's Responsibility F:\WPDATA\CDOC\1920\192406.DEC 8 • • • (a) Roof Replacement and Exterior Repainting.Notwithstanding that a Home Owner has the primary duty to maintain and repair said Owner's Home, the Association shall have the primary duty to repair and replace the roof("roof work") and repaint, repair and replace the • exterior("exterior work")of each Home,in accordance with the following provisions: (i) Such roof and exterior work shall be performed at such time as the Board considers necessary to preserve and protect the appearance and condition of the Homes as part of a systematic program based on the estimated useful life of the roof and exterior repainting. (ii) The cost of roof and exterior work on Homes shall constitute a Common Expense, for which the Board shall create and maintain from the regular Assessments a reserve fund for the estimated future cost of such roof and exterior work. The Board shall attempt to calculate the contributions of said reserve fund so that sufficient funds are on deposit to pay the estimated costs of such work at the end of the estimated useful life of such roof and exterior.The reserve fund so created shall be the primary source of payment of the actual cost of such work; but, if the reserve fund so created should at any time prove insufficient,a special Assessment shall be levied • to cover such insufficiency. (iii) Nothing herein shall prohibit the Board from requiring any Home Owner to perform the maintenance and repair obligations imposed on the Association in Section 5.4. ). In the event that the Board shall require an Home Owner to so perform, the Board shall nonetheless,in its sole discretion,approve the persons who shall actually perform said work and the methods and materials to be used.The Board may also promulgate such rules and regulations pertaining to such • work as it may desire and shall have the right to approve and accept such work as having been performed in a first class and workmanlike manner.In the event the Board shall reasonably refuse to accept such work, the Board may cause said work to be modified or redone to the extent:that it shall meet Board standards.Upon approval of such work, the Board shall disburse such reserve funds as are necessary to pay for said work and to assess the Home Owner Association for any deficiency. • (b) Yard and Landscaping.The Association shall have the right to regulate and maintain ' • yards and landscaping in accordance with the following provisions: (i) The Association shall be responsible for maintaining(in accordance with the standards established by the Board or the Architectural Control Committee)the yard and landscaping of each Home (excluding any portion of an Lot enclosed with a fence). Such maintenance work shall include grass cutting, garden bed weeding and tree and shrub replacement. The cost of maintaining the yard and landscaping shall be,)a Common Expense. iz¢,s.F÷,o,. (ii) Nothing herein shall prohibit the Board from requiring or permitting any Home Owner, at said Owner's expense, to perform the maintenance obligations imposed on ti the Association in this section. In the event that the Board shall require or permit an Owner or association to so perform, the Board or the Architectural Control Committee shall nonetheless in F:\WPDATA\CDOC\1920\192406.DEC 9 • • • y I its sole discretion have the right to establish the standards,rules and regulations pertaining to such landscaping and maintenance work. 5.4.10 Lien/Encumbrance.The Board may pay any amount necessary to discharge any lien '. or encumbrance levied against the Common Areas or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the Common Areas, rather than merely against the interest therein of particular Owners.Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses (including court costs and attorney fees)incurred by the Board by reason of such lien or liens shall be specially charged against the Owners and the Lots responsible to the extent of their responsibility. 5.4.11 Enforce Declaration.Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.12 Materials,Services,etc.Contract and pay for any materials, supplies,labor or ser- vices which the Board should determine are necessary or proper for the enforcement of this Declaration,including legal,accounting, management or other services;provided that if for any reason any materials; supplies, labor or services are provided for particular Homes or.their Owners, the cost thereof shall be specially charged to the Owner of such Homes. 5.4.13 Attorney-in-Fact.Each Owner,by the mere act of becoming an Owner,shall irrevo- I: cably appoint the Association as his attorney-in-fact,with full power of substitution,to take such action as reasonably necessary to promptly perform the duties of the Association and Board t hereunder,including but not limited to the duties to maintain,repair and improve the Property, to deal with the Property upon damage or destruction,and to secure insurance proceeds. ,, 5.4.14 Borrowing of Funds.In the discharge of its duties and the exercise of its powers as • set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. - 5.4.15 Adoption of Rules and Regulation.When and to the extent deemed advisable by the Board, to adopt reasonable rules and regulations governing the maintenance and use of the • Property and other matters of mutual concern to the Home Owners,which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly;and on a non-discriminatory basis. , • 5.4.16 Additional Powers of Association. In addition to the duties and powers of;the Association, as specified herein, and elsewhere in this Declaration,but subject to the provisions of this Declaration,the Association,acting through its Board,shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purposes of:this ' 1` Declaration. F:\WPDATA\CDOC\1920\192406.DEC 10 S • • L • { f : ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures(including,without limitation,concrete or masonry walls, rockeries, fences, swimming pools, if any, or other structures) to be constructed within the Property, and all exterior alterations and repairs (including, but not limited to, reroofing or • repainting) of any buildings or structures on the Property and visible from any public street, Common Area or other Lot must be approved by the ACC.The ACC shall be composed of two separate panels:a Builder's panel consisting of three persons appointed by the Declarant that will have authority over all of the construction and improvements by Declarant and other Builders in the Project;and a homeowner's panel consisting of not less than three nor more than five persons appointed by the Board that will have authority over all of the construction and improvements by other Lot or Home Owners. The Builder's panel shall cease after the Builders have completed all of the Homes that may be constructed within the Project. Complete plans and specifications of all • such proposed buildings, structures,and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC,shall be submitted to the ACC before construction,alteration or repair is started. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. Any exterior modifications approved or developed by the Declarant while exercising management authority under Section 5.2 will be deemed approved exterior modifications. 6.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites,and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 In the event the ACC fails to approve or disapprove such design and location within • thirty(30)days after said plans and specifications have been submitted to it,such approval will not be required. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty(30)days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ACC as part of the plan approval and shall be given in writing together with the approval. 6.1.5 The ACC may require that said plans or specifications shall be prepared by an architect or a competent house-designer,approved by the ACC. All buildings or.structures shall be erected or constructed,and all exterior alterations or repairs made,by a contractor,house builder or other person or entity approved by the ACC.The ACC shall have the right to refuse to approve any design,plan or color for such improvements,construction,or exterior alteration or repair visible F:\WPDATA\CDOC\1920\192406.DEC 11 • • ,.5 it from a public street,Common Area or other Lot which is not suitable or desirable,in the ACC's reasonable opinion,aesthetic or otherwise. 6.1.6 In so passing upon such design,the ACC shall have the right to take into consideration the suitability of the proposed building or other structure,and the material of which it is to be built,and the exterior color scheme,to the site upon which it is proposed to erect the same,the harmony thereof with the surroundings,and the effect or impairment that said structures will have on the view or outlook of surrounding building sites,and any and all factors, which,in the ACC's opinion, shall affect the desirability or suitability of such proposed structure,improvements,or f exterior alteration or repair. 6.1.7 The ACC shall have the right to disapprove the design or installation of a swimming • pool, hot tub or any other recreational structure or equipment undesirable, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation,the ACC shall have the right to take into consideration the visual impact of the struc- ture and the noise impact of the related activities upon all of the properties located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment,whether'femporary,collapsible,seasonal,or whatever,shall be treated as a permanent structure for thS.\purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 6.1.8 The ACC shall have the right,in conformance with City ordinances and upon issuance of any required permits, to require, at an Owner's expense, the trimming or topping (or, if • deemed necessary by the ACC,removal)of any tree,hedges or shrub on a Lot which the ACC • determines is unreasonably blocking or interfering with the view or access to sunlight of another ✓ Home. 6.1.9 The ACC shall have the right to specify precisely the size,color and style of mail and ✓ newspaper boxes,and of the post or support on which such boxes are affixed,and their location within the Project. • 6.1.10 Declarant(including any successor in interest to Declarant's status as Declarant)shall not be subject to the restrictions of this Section 6.1 as to any Lot owned by Declarant,whether or not any Class B membership exists and whether or not management of the Association has been • relinquished by Declarant pursuant to Section 5.2 hereof. 6.1.11 The Board may adopt guidelines, criteria, and procedures for the ACC (ACC— guidelines) as Association rules, and prescribe penalties and other methods of enforcement. Provided, that until all of the Homes in the Project have been completed, the Board may not adopt, amend, or repeal ACC guidelines pertaining to either the homeowner's panel or the Builder's panel without the Declarant's prior written approval. ,f 6.2 Sales Facilities of Declarant and Builders. F:\WPDATA\CDOC\1920\192406.DEC 12 4• AM1 rr 1 • 6.2.1 Notwithstanding any provision in thi Master Declaration to the contrary,Declarant(its agents,employees and contractors)shall be permittt o maintain during the period of sale of Lots • and/or Homes upon such portion of the Property(' t excluding Lots sold to customers)as Declarant and the Builders may choose,such facilities as in their sole opinion may be reasonably required,convenient or incidental to the construction,sale or rental of Lots or Homes,including but not limited to,a business office,storage area,signs,model units, sales office, construction office,and parking areas for all prospective tenants or purchasers of Declarant or Builders. b.2.2 Declarant and Builders may make temporary alterations to model homes(such as fenced front yards,special entries,and French doors on garages),which are not otherwise permitted by this Iv Declaration or the ACC guidelines,for marketing purposes. The selling Owner must remove the model home alterations and return the Home to full compliance with the ACC • guidelines prior to occupancy by a Home purchaser or tenant. Owners other than Declarant or Builders may not make these kinds of model home alterations to the Lot or Home. ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 7.1 Maintenance of Lots.Except as provided in Article 5 each Owner,at said Owner's sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping)and Home and other improvements located thereon,and also • such other areas as may be required pursuant to Article 5;in a good,clean,attractive,safe and sanitary condition and in full compliance with all applicable governmental laws, rules and `•' regulations and the provisions of this Declaration and the rules and regulations of the Association. 7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used for: • 7.2.1 sleeping, eating, food preparation for on-site consumption by occupants and guests, • • entertaining by occupants of personal guests and similar activities commonly conducted within a residential dwelling,without regard to whether the Living Unit Owner or occupant resides in the Living Unit as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis; 7.2.2 such other reasonable ancillary purposes commonly associated with residential dwellings (including without limitation home-offices and home-occupations)which do not: cause unusual traffic,parking, noise or similar problems;or otherwise violate provisions of this Declaration, Association rules and regulations,or applicable law for residential dwellings; 7.2.3 the common social, recreational or other reasonable uses normally incident to such purposes;and - • F:\WPDATA\CDOC\19201192406.DEC 13 7.2.4 for purposes of operating the Association and managing the Property. Nothing herein shall be deemed to prevent the Owner from leasing a Home and improvements ' subject to all of the provisions of the Declaration. • 7.3 Business Use. No business of any kind shall be conducted on any Lot or Home with the exception of: (a)the business of creating,improving and selling the Lots and Homes located in the Property; (b) uses otherwise permitted by Section 7.2; and, (c) such other non-residential business and commercial uses permitted by zoning and other laws applicable to a particular Lot. • The Lot Owners shall comply with all of the requirements of the appropriate local governments. No materials,supplies or equipment used by a business shall be stored on any Lot or Home within the view of another Lot or Home, except for items relating to an improvement which is under construction in conformance with this Declaration. 7.4 Rental Homes. • 7.4.1 With respect to the leasing,renting,or creation of any kind of tenancy of a Home and improvements thereon by its Owners,such Owner shall be prohibited from leasing or renting less than the entire Home or improvements thereon,or(with the exception of a lender in possession of•a Home and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure)for a term of �. less than thirty(30)days;and all leasing or rental agreements shall be in writing and be subject • to the Declaration and Bylaws(with a default of the tenant in complying with the Declaration and • Bylaws constituting a default under the lease or rental agreement). • 7.4.2 If a Home is rented by its Owner, the Board may collect,and the tenant or lessee shall pay over to the Board,so much of the rent for such Home as is required to pay any amounts due the Association hereunder,plus interest and costs,if the same are in default over thirty(30);days. The renter or lessee shall not have the right to question payment over to the Board, and such • payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association,but will not discharge the liability of the Owner,and the Home under this Declaration for assessments and charges,or operate as an approval of the lease.The Board shall not exercise this power where a receiver has been appointed with respect • to the Home or its Owner;nor in derogation of any rights which a mortgagee of such.Home may have with respect to such rents. Other than as stated herein there are no restrictions on thelright of any Owner to lease or otherwise rent his Home. • 7.5 Restriction on Further Subdivision.No Lot or portion of a Lot in this plat shall be divided • • and sold or resold,or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which located;provided,the foregoing shall not prohibit deeds of correction,deeds to resolve boundary disputes and similar corrective instruments.Lots may be joined and joined Lots may subsequently be subdivided+;only into the Lots originally joined. F:\WPDATA\CDOC\1920\192406.DEC 14 • fi 11 • Zoning g Regulations.Zoning regulations,building regulations,environmental regulations and {`• other similar governmental regulations applicable to the Properties subject to this Declaration shall be observed.In the event of any conflict between any provision of such governmental regulations ' and restrictions of this Declaration,the more restrictive provisions shall apply. 7.7 Building Setback Requirements.All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback •. requirements. 7.8 Lot Size.No residential structure shall be erected or placed on any Lot which has a lot area of less than that required by the government entity having appropriate jurisdiction over the Project. 7.9 Square Footage. Each single family residence must include the minimum square feet (excluding garage and porches)required by law. , 7.10 Building Height.No building height shall exceed the maximum permitted by law. 7.11 Driveway Standards. All driveways shall be constructed of concrete with a minimum aggregate finish or other material approved by ACC;provided, that driveways in excess of forty feet(401 in length may be constructed of asphalt. 2e' • 7.12 Roof.The exterior of all roofs shall be composed of a material approved by ACC.Under • no circumstances are flat roofs allowable. 7.13 Exterior Finish.The exterior or each residence shall be designed,built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the ACC. Exterior trim,fences,doors,railing,decks,eaves,gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. •• . . ' . 7.14 Utilities.All utilities shall be installed underground. 7.15 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved by the ACC. Owners may construct and maintain satellite dishes 24 in diameter or less on their lot;provided,that such satellite dishes shall only be allowed if substantially screened from view from the street or from ground level of adjacent lots in a manner reasonably approved by the ACC. 7.16 Fencing. No fences or site-screening improvements shall be erected"without the written approval of the ACC.Fences may only be placed along the rear property line and from the front building line to the rear lot line,cannot exceed 6 feet in height,and must be constructed of wood F:\WPDATA\CDOC\1920\192406.DEC 15 • • • • r: ' 4 or other material approved by the ACC;provided that the foregoing height limitation shall not apply to site-screening approved by the ACC pursuant to( ction 7.15)and provided, that cyclone fencing may be used in the areas adjacent to greenbelts. 7.17 Fireplace Chimneys.Fireplace chimneys must be constructed with material approved by the ACC and otherwise required by this Declaration. 7.18 Games and Play Structures.No platform,dog house,playhouse or structure of a similar kind or nature shall be constructed on any Lot without the prior approval of the ACC. 7.19 Significant Recreation Facilities.The construction of any significant recreational facilities on any Lot including, but not limited to, such items as swimming pool, tennis, badminton, or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACC. 7.20 Landscaping. All cleared areas in front of the building line to the street shall be fully landscaped within 30 days,depending on weather conditions,of the time when the house is ready for occupancy..Owner shall install or have installed within 6 months of occupancy the balance of all landscaping unless a time long is approved by the ACC. 7.21 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other - outbuildings or any structure of a temporary character shall be erected or placed on the Property, even temporarily. No building or structure shall be moved on to the Property from any land outside the development. Provided: a trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACC;and a construction shack may be used by an Owner's construction contractor during the construction period. completion of Construction.All construction shall begin within 24 months of the date of ' closing for each Lot.Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting or stained,and shall be connected to sewers • within eight (8) months from the date of commencement of construction, unless some longer • period of time is approved in writing by the ACC. 7.23 Use During Construction.Except with the approval of the ACC, no person shall reside upon the premises of any Lot until such time as the improvements to be erected thereon accordance with the plans and specifications approved by the ACC have been completed. • Completion shall be considered receipt of a final inspection of the dwelling unit by the Building . Department having jurisdiction. 7.24 Excavations.Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation shall be made nor shall any dirt be removed from or added to any lot herein. F:\WPDATA\CDOC\1920\192406.DEC 16 • • 1 ' i 7.25 Clothes Lines,Other Structures.No clothes lines of other structures of a similar nature • shall be permitted on any Lot. 7.26 Mobile or Manufactured Housing.There shall be no mobile or manufactured housing. •I 7.27.Easements.Easements for the installation and maintenance of utilities and drainage,and irrigation facilities, are reserved as shown on the recorded Plat. Within these easements no structure, planting or other materials shall be placed or permitted to remain'which may damage • or interfere with the installation and/or maintenance of such utilities,or which may change the directions of flow of water through a drainage channel in the.easements,or which may obstruct 'or retard the flow of water through drainage channels in the easements.The easement are on any Lot and all improvements in it shall be maintained continuously by the Lot Owner. • ;Too 7.28 Garages! Every Home must have a garage which holds at least one full-size car,but no more than full-size cars(any car, truck,boat, recreational vehicle,etc. shall be deemed as one car for purposes of this limitation). Storage of personal property (other than vehicles)in garages is prohibited to the extent that such storage would prevent a vehicle(regularly used by an occupant)from being stored within the garage. Owners may park vehicles in the driveway area in front of the garage;provided, that no motor vehicle may be parked so that it extends outside the boundaries of the driveway. 7.29 Parking.Unless substantially screened from view from the street or from the ground level of adjacent Lots by means of a six foot(6')fence or by some other means reasonably approved • by the ACC, no recreational vehicles,commercial vehicles,construction or like equipment,or • trailers(utility,boat,camping,horse or otherwise),shall be allowed to be parked or stored on any Lot,or street for a period in excess of two(2)days.In all events, such vehicle,equipment and trailers must also be stored inside or rear yards behind the front line of a Home.The Board of Directors shall have full authority to determine if any vehicle is obnoxious or undesirable to other • /Lot Owners and take appropriate steps to correct such a violation of this covenant. V • 7.30 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, ' ' quarrying or mining operations of any kind shall be permitted upon or in any Lot;nor shall oil wells,tanks,tunnels, mineral excavations or shafts be permitted upon or in any Lot.No derrick or other structure designed for use in boring for oil or natural gas shall be erected,maintained or permitted upon any Lot. I• 7.31 Catch Basin.The cleaning of catch basins, if any,on individual Lots 0- by the Lot Owner Association at least once prior to September 15 of e- 7.32 Garbage and Refuse.No garbage,refuse,rubbish,cutting deposited on or left upon any Lot unless placed in an attractiv, screened from the view of any other Home Owner. All equipmen • such materials shall be kept in a clean and sanitary condition.No - F:\WPDATA\CDOC\1920\192406.DEC 17 .. t 1. I. • • shall be placed or stored on any property within the development until the Home Owner is ready to commence construction,and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended.Garbage cans may only be placed in public view on the day of garbage pickup.All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Home Owner's view and must be suitable screened from all other Home Owner's views. • ,4 • :;. 7.33 Pets.No animal,livestock,or poultry of any kind shall be raised,bred,or kept on any Lot, t, except: that cats,dogs,birds,or other household pets may be kept if they are not kept,bred or • maintained for any commercial purpose:and that such pets shall not be kept in numbers or under , ` ' conditions reasonably objectionable in a closely built-up residential community or in violation of • the reasonable rules and regulations of the Association. Animals shall not be allowed to roam loose,outside the limits of any Lot in which they are kept. 7.34 Signs.No signs of any kind,nor for any uses shall be erected,posted,painted or displayed on any building site in this subdivision whatsoever,except: public notice by a political division of the State or County or as required by law;any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the subdivision;and any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place on sign not larger than 900 square inches on the property itself. - 7.35 Nuisances. No noxious or undesirable thing, or noxious or un desirable use shall be permitted or maintained upon any Lot or upon any other portion of the Property.If the Board of • Directors determines that a thing or use is undesirable or noxious, that determination shall be conclusive. • 7.36 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon or therein except by • express written consent of the Board. • • 7.37 Governmentally Required Maintenance; etc. Any insurance, maintenance, repair, • replacement,alteration or other work,or the monitoring of such work,which is required by any governmental entity(including without limitation, federal,state or local government,public or • private utility provider,local improvement district,or other governmental or quasi-governmental entity or agency),and regardless of whether such requirement is now or hereafter established,and whether imposed in connection with a building permit or other governmental approvals or requirement,and whether involving land within public rights of way or subject to ownership or • exclusive use of one owner, shall be the sole and exclusive responsibility of the Association(not the Declarant) and any cost incurred in connection therewith shall be a Common Expense. In furtherance of the generality of the foregoing, and not by way of limitation, such work shall include:maintenance of any grass-lined swales and proper disposal of clippings; maintenance,of wetland plantings; replacement of wetland and landscape plantings that die during any required maintenance period; maintenance of public and private storm sewer and retention systems. • F:\WPDATA\CDOC\1920\192406.DEC 18 1 i2 tt i ' • Declarant shall have the right,but not the obligation, to perform any such work if the Association fails to do so.The Association shall promptly upon demand reimburse Declarant for any costs directly or indirectly incurred by declarant as a result of the Declarant performing, or the Association's failure to perform,such work(including any work necessary to obtain a release,or avoid a forfeiture,of any cash deposit or other bond made by Declarant. ARTICLE 8 • • COMMON EXPENSES AND ASSESSMENTS 8.1 Personal Obligation for Assessments.The Declarant,for each Lot and Home owned within the Property,hereby covenants,and each Owner of any Lot and Home by acceptance of a deed therefor,whether or not it shall be so expressed in such deed,is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein.Such assessments, together with interest,costs,late charges and reasonable attorneys'fees,shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys'fees,shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.The personal obligation for delinquent assessments shall not pass to his successors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them.Provided, however,that in the case of a sale of any Home or Lot which is charged with the payment of an assessment or assessments payable in installments,the person or entity who is the Owner imme- • diately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for installments which become due on and after said date. • 8.2 Uniform Rate. 8.2.1 Common Expenses.Except as otherwise provided in this Declaration,Assessments to 'pay for Common Expenses shall be based on the Common Expense Percentage. • 8.2.2 Special Charges to Owner.Assessments levied against an Owner for the purpose of reimbursing the Association for coits incurred in bringing the Owner or his Lot and/or Home into compliance with the provisions of this Declaration shall be paid solely by that Owner. 8.2.3 Declarant Assessments.Declarant shall pay any assessment levied against any Homes owned by it. 8.3 Estimated Expenses. 1 8.3.1. Within sixty(60)days prior to the beginning of each calendar year or such other fiscal year as the Board may adopt,the Board shall: (a)estimate the Regular Assessments and,Special Assessments for particular Homes to be paid during such year; (b)make provisions for creating, F:\WPDATA\CDOC\1920\192406.DEC 19 funding and maintaining reasonable reserves for contingencies and operations,for maintenance, painting,repair,replacement,and acquisition of Common Areas and Facilities;and(c)take into account any expected income and any surplus available from the prior year's operating fund. 8.3.2. Without limiting the generality of the foregoing but in furtherance thereof, the Board shall create and maintain from regular Assessments a reserve fund for replacement of those Common Areas or elements which can reasonably be expected to require replacement prior to the ff • end of the useful life of the Project. The Board shall calculate the contributions to said reserve , fund so that there are sufficient funds therein to replace each Common Area or element covered by the fund at the end of the estimated useful life of each such Common Area.The Declarant or initial Board may at any suitable time establish the first such estimate. • 8.3.3. 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 Special Assessment,which shall be assessed to the Owners in like proportions.However, the Board may not,in any fiscal year,levy Special Assessments to defray the costs of any action or undertaking • • on behalf of the Association which in the aggregate exceeds five percent(5%)of the budgeted gross expenses of the Association for that fiscal year without the vote or written assent of a majority of the members, other than Declarant. 8.3.4 Within thirty days after adoption by the board of directors of any proposed regular or • special budget of the association,the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that•meeting the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, in • person or by proxy,the budget is ratified,whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed • by the board of directors. .8.4 Manner and Time of Payment.Assessments shall be payable in such reasonable manner as • • the Board shall designate.Any assessment or installment thereof which remains unpaid for at;east fifteen(15)days after the due date thereof shall bear interest at the rate of 12%per annum;;and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than fifteen(15)days. 8.5 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board.The Board shall have exclusive control of such accounts and shall maintain accurate records thereof.No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. ?, 8.6 Lien.In the event any assessment or installment thereof remains delinquent for more than thirty(30)days,the Board may,upon fifteen(15)days'prior written notice to the Owner of such F:\WPDATA\CDOC\1920\192406.DEC 20 • . y i -: • I • • • • . . . • •.• - • • 1 I . • Home of the existence of the default,accelerate and demand immediate payment of the entire assessment.The amount of any assessment assessed or charged to any Home plus interest,costs, late charges and reasonable attorneys'.fees, shall be a lien upon such Home. A Notice of Assessment may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such Notice of Assessment may be filed at any time at • least fifteen (15) days following delivery of the notice of default referred to above in this Section 8.6. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded,limited as provided in Section 9.1.Suit to recover a money judgment for unpaid assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. 8.7 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. • 8.8 Continuing Liability for Assessments.No Owner may exempt himself from liability for his Assessments by abandonment of his Home or Lot. 8.9 Records;Financial Statements.The Board shall prepare or cause to be prepared,for any calendar year in which the Association levies or collects any assessments,and shall distribute to all Owners, a balance sheet and an operating(income/expense)statement for the Association, which shall include a schedule of assessments received and receivable,identified by the number of the Home and the name of the Owner so assessed.The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of j this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient hours of • weekdays. 8.10 Certificate of Assessment.A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Home shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate,in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Home within a reasonable time after request,in recordable form,at a reasonable fee. Unless otherwise prohibited by law,any encumbrancer holding a lien on a Home may pay any unpaid assessments or charges with respect to such Home, and, upon such payment, shall have a lien on such Home for the amounts paid of the same rank as the lien of his encumbrance. 8.11 Foreclosure of Assessment Lien;Attorneys'Fees and Costs.The Declarant or Board,on behalf of the Association, may initiate action to foreclose the lien of,or collect,any assessment. F:\WPDATA\CDOC\1920\192406.DEC 21 • f 4` ; 7i " ri ' • In any action to foreclose the lien of,or otherwise collect,delinquent assessments or charges,any judgment rendered in favor of the Association shall include a reasonable sum for attorne s'fees :: and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action,in addition to taxable costs permitted by law. • 8.12 Curing of Default.The Board shall prepare and record a satisfaction and release of the lien for which a Notice of Assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice,and all other assessments which have become due and payable following the date of such recordation with respect•to the Home as to which such Notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action.The satisfaction of the lien created by the Notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board.For the purposes of this paragraph,the term"costs"shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the • • Notice of Assessment and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. • 8.13 Payment by Owners.Each Owner shall be obligated to pay its share of common expenses and special charges made pursuant to this Article to the treasurer for the Association.Assessments for each Home Owner shall begin on the date said Owner closes the transaction in which he { acquires right, title or interest in the Home.Assessments for the initial month shall be prorated • if closing occurs on other than the first of the month.Any assessment or charge which remains unpaid for at least dayspercent(12%)from due pai thirty(30) shall bear interest at the rate of twelve date until paid. In addition, the Board may impose a late charge in an amount not exceeding twenty-five(25%)of any unpaid assessment or charge which has remained delinquent for more than fifteen(15)days. • 8.14 Omission of Assessment.The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any currentay'ear` • shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or,any installment thereof for that or any subsequent year. The assessment and charge fixed foil the preceding year shall continue until a new assessment or charge is fixed. •1.• 8.15 Notice of Creation of Assessment Lien.The Notice of Assessment shall not be filed of record unless and until the Board or a person designated by it,shall have delivered to the default- ing Owner,not less than fifteen(15)days prior to the recordation of such Notice of Assessment, a written Notice of Default and a demand to cure same within said fifteen-day period. 8.16 Assessment Deposit;Working Capital F:\WPDATA\CDOC\1920\192406.DEC 22 I; • I, r: qj i m J . ' I III f ..I.I. f. • 8.16.1 Delinquent Assessment Deposit. (a) An Owner may be required by the Board or by the Manager,from time to time,to ' • make and maintain a deposit not less than one(1)month nor in excess of three(3)months esti- mated monthly Assessment and charges,which may be collected as are other Assessments and charges.Such deposit shall be held in a separate fund, be credited to the Home owned by such • Owner,and be for the purpose of establishing a reserve for delinquent Assessments. (b) Resort may be had thereto at any time when such owner is ten(10)days or more delinquent in paying his monthly or other Assessments and charges.Said deposits shall not be con- sidered as advance payments of regular Assessments. In the event the Board should draw upon • said deposit as a result of a Unit Owner's delinquency in payment of any Assessments, said Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon)and thus the full restoration of said deposit,and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. • (c) Upon the sale of a Home,the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Home pursuant to this or any other Section of this Declaration;rather,any such deposit or reserve ' account shall continue to be held by the Association for the credit of such Home,and the Home y• Purchaser shall succeed to the benefit thereof,and the Unit seller shall be responsible for obtaining - • from the Purchaser appropriate compensation therefor. 1 8.16.2 Working Capital Contribution.The Declarant may elect that the first Purchaser •• of any Home shall pay to the Association,in addition to other amounts due,an amount equal to two (2)months of monthly Assessments as a contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction of the Project or,to pay Declarant's contributions to Association reserves:'; ' 8.17 Exempt Property.The following property subject to this Declaration shall be exempt'from the assessments created herein: 8.17.1 All properties dedicated to and accepted by a governmental entity; 8.17.2 All Common Properties;and However, the land or improvements, which are referred to in Sections 8.17.1 and 8.17.2.and which are devoted to dwelling use,shall not be exempt from said assessments. 1 8.18 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1,the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Home basis in such amounts F:\WPDATA\CDOC\1920\192406.DEC 23 • • i t • as is reasonably neeeccary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws,or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced.In any legal proceeding commenced pursuant to Section 9.1.1,the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Home basis in such amounts as is reasonably neeeccary to cause the Project to be properly administered in accordance with the • provisions of this Declaration and the Bylaws,or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced.Except with respect to legal proceedings to collect assessments or similar charges owed to the Association by an Owner or to enforce the provisions of this Declaration,neither the Association nor its Board may commence and prosecute litigation (or collect assessments in connection therewith)until first approved as provided in Section 8.3.3 after the owners have been provided a written explanation of the nature of such litigation, the reasons therefore, the expected result and the estimated cost thereof. 8.19 Commencement of Assessments.The Declarant in the exercise of its reasonable discretion shall determine when the Association shall commence making Assessments.Until the Association - makes an Assessment,,the Declarant shall pay all Common Expenses. After any Assessment has been made by the Association,Assessments must be made against all Homes,based on a budget adopted by the Association;provided,until Class B membership terminates, the Board(whether appointed by Declarant or elected by Unit Owners)may elect not to collect monthly assessments calculated as provided in Section 8.3 and instead elect to collect and expend monthly assessments based on the actual costs of Common Expenses and Home Expenses(excluding reserves). ARTICLE 9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9.1.1 Compliance of Owner.Each Owner,Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules,and • regulations adopted by the Association(as the same may be lawfully amended from time to time). • 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 Association and the Owners), or by the aggrieved Owner on his own against the party(including an Owner or the Association)failing to comply. . 9.1.2 Compliance of Lessee.Each Owner who shall rent or lease his Home shall insurethat the lease or rental agreement will be in writing and subject to the terms of this Declaration, Articles of Incorporation,if any,and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9.1.3 Attorneys'Fees.In any action to enforce the provisions of this Declaration,the Articles or the Bylaws,the prevailing party in such legal action shall be entitled to an award for reasonable - F:\WPDATA\CDOC\1920\192406.DEC 24 • • . ` attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action,in addition to taxable costs permitted by law. 9.2 No Waiver of Strict Performance.The failure of the Board,or Declarant or Declarant's managing agent,as applicable,in any one or more instances to insist upon or enforce the strict performance of any of the terms,covenants,conditions or restrictions of this Declaration,or of any Bylaws or administrative rules or regulations,shall not be construed as a waiver or a relin- quishment for the future of such term,covenant,condition or restriction,but such term,covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Property as to which such violation exists and to abate,correct and remove,at the expense of the Owner thereof,any erection,thing or condition that may be or exists thereon contrary to the provisions hereof.Such entry shall be made only after three(3)days'notice to said Owner and with as little inconvenience to the Owner as possible,and any damage caused thereby shall be repaired by the Association.Declarant,its successors,or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal; 9.4 Remedies Cumulative.The remedies provided are cumulative,and the Board may pursue them concurrently,as well as any other remedies which may be available under law although not expressed herein. ARTICLE 10 • LIMITATION OF LIABILITY 10.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or Declarant exercising the powers of the Board, has acted in good faith, • without willful or intentional misconduct,upon the basis of such information as may be possessed by such person,no such person shall be personally liable to any Owner,or other party,including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence(except gross negligence), any discretionary decision,or failure to make a discretionary decision,by such person in such person's official capacity;Provided,that this section shall not apply where the consequences of such act,omission,error or negligence;are covered by insurance or bonds obtained by the Board. 10.2 Indemnification of Board Members. Each Board member or Association committee • member, or Association Officer, or Declarant exercising the powers of the Board, and their respective heirs and successors, 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 may be a party,or in which he may become involved,by reason of being F:\WPDATA\CDOC\1920\192406.DEC 25 1 • 4. e • or having held such position at the time such expenses or liabilities are incurred,except in such cases wherein such person is adjudged guilty of intentional misconduct,or gross negligence or a knowing violation of law in the performance of his duties,and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money,property,or services to which said person is not legally entitled;PROVIDED,that,in the event of a settlement, the indemnification shall apply only when the Board approves such �• settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Home 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 him under and by virtue of the Declaration as a Member or Owner of a Home covered thereby. • ARTICLE 11 MORTGAGEE PROTECTION ' 11.1 Priority of Mortgages.Notwithstanding all other provisions hereof, the liens created under • this Declaration upon any Home for assessments shall be subject to tax liens on the Home in favor of any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Home.Where the Mortgagee of a Home,or other purchaser of a Home,obtains possession of a Home as a result of Mortgage foreclosure or deed in lieu thereof,such possessor ., and his successors and assigns,shall not be liable for the share of any assessment by the Associ- • ation chargeable to such Home which becomes due prior to such possession, but will be liable for ' any assessment accruing after such possession. Such unpaid share of common expenses or • assessments shall be deemed to be common expenses collectible from all of the Home Owners , including such possessor, his successor and assigns.For the purpose of this section, the terms "mortgage"and"mortgagee"shall not mean a real estate contract or the vendor,or the designee of a vendor thereunder,or a mortgage or deed of trust(or mortgagee or beneficiary thereunder) • securing a deferred purchase price balance owed with respect to a sale by an individual Home Owner other than Declarant. 11.2 Effect of Declaration Amendments.No amendment of this Declaration shall be effective to modify,change,limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage.Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 11.3 Right of Lien Holder. A breach of any of the provisions, conditions, restrictions, covenants,easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Homes;provided,however, that any subsequent Owner of the Home shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. F:\WPDATA\CDOC\1920\192406.DEC 26 • • i v it • t; ,,r • 1 I • • • 11.4 Change .in Manner of Architectural Review and Maintenance Within Project; Insurance and Use of Proceeds.The Association shall not, without prior written approval of . i seventy-five percent(75%)of all first Mortgagees(based upon one vote for each first Mortgage owned)or Owners(other than the sponsor,developer or builder)of record by act or omission change,waive or abandon any scheme of regulations,or enforcement thereof,pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep of lawns and plantings in the development,including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices.If the first Mortgagee of any Home has so requested the Association in ' writing,the Association shall give written notice to such first Mortgagee that an Owner/mortgagor of a Home has for more than sixty(60)days failed to meet any obligation under this Declaration. qi Any first Mortgagee shall, upon written request,also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 11.6 Furnishing of Documents.The Association shall make available to prospective purchasers, Mortgagees,insurers,and guarantors,at their request,current copies of the Declaration,Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association,if any has been prepared. .• ARTICLE 12 • EASEMENTS • 12.1 Association Functions.There is hereby reserved to Declarant and the Association,or their duly authorized agents and representatives,such easements as are necessary to perform the chilies • and obligations of the Association as are set forth in the Declaration,or in the Bylaws,and rules and regulations adopted by the Association. 17, 12.2 Easements Over Common Areas. The Board, on behalf of the Association and"all • membersthereof,shall have authority to grant(in accordance with applicable governmental laws ' • and regulations)utility,road and similar easements,licenses and permits,under, through or over the Common Area,which easements the Board determines are reasonably necessary to the ongoing • development and operation of the Property. • 12.3 Access to Public Streets.Each Owner and his guests and invitees shall have a perpetual, • non-exclusive casement across the Common Areas and across all roadways constructed withinEthe ' • project,thereby providing access throughout the Property and to public streets.Unless otherwise expressly provided in this Declaration,any driveway or roadway or Private Access Tract which provides access for two or more(but less than all)of the Lots to any roadway or public street shall: (a) be owned by such Lots as equal undivided tenants in common; (b) be subject to a mutual,non-exclusive and perpetual easement in favor of such Lots to provide such access;and (c)shall be maintained jointly by such Lots,with each Lot paying an equal share of the cost of • F:\WPDATA\CDOC\1920\192406.DEC 27 . 1 ii f • such maintenance. 12.4 Utility Easements.On each Lot,easements are reserved as provided by the Plat Map and • applicable laws,ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer,drainage,gas,and accessory equipment, together with the right to enter upon the Lots at• all times for said purposes;provided in furtherance of the foregoing and not by way of limitation, an easement for installation and maintenance of facilities for surface water drainage is established across a 10—foot wide area along the front and rear boundary lines and a 2.5—foot wide area along the interior boundary lines(other than on a boundary line on which a dwelling has been constructed), of each Lot. Within these easements, the construction and maintenance of a structure,fence,planting,or other material or improvement shall be prohibited only to the extent that such construction or maintenance would: (a) damage or•materially interfere with the • installation and maintenance of utilities;or(b)change the direction of flow of drainage channels in the easements; or(c) obstruct or retard the flow of water through drainage channels in the easements;the easement area of each Lot,and all improvements shall be maintained continuously �. . by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 12.5 Project Entry Signs.On Common Area adjacent to a roadway entrance into the Project, and on such portion of said Common Area as determined by Declarant,the Declarant may at any �. time erect(and the Association as a common expense may thereafter maintain,repair and replace) such Project entry and identification signs(and landscaping, fencing and improvements relating • thereto)as Declarant and the Association deem necessary and appropriate. 12.6 Encroachments. 12.6.1 If noted or depicted on the Plat Map,each Home shall have a non-exclusive perpetual easement over and across a such portion of an adjoining Lot(as more particular noted or depicted on the Plat Map) for purposes of maintaining, repairing and replacing the Home-and 'improvements thereto;provided that any damage to said portion of said adjoining-Lot from the ' use of said easement shall promptly be repaired at the Home Owner's expense. 12.6.2 Each Lot and all Common Area and Lot improvements are hereby declared to have a • non-exclusive perpetual easement over all adjoining Homes, Lots(including setback areas)and Common Areas,for the purpose of accommodating any encroachment due to: engineering errors; or errors in original construction,reconstruction,or repair of any portion of a Lot;or construction •j carried out in accordance with applicable permits;or building overhang or projection(including • without limitation drains and footings);or any other similar cause.There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment.•In the event a Lot, or Common Area improvement is partially or totally destroyed, and then repaired or rebuiltiithe Owners agree that minor encroachments over adjoining Lots (including setback areas) and F:\WPDATA\CDOC\1920\192406.DEC 28 .d • 1' i • Common Areas shall be permitted,and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. In no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to • the willful act or acts with full knowledge of said Owner or Owners and are not otherwise expressly authorized by the provisions. 12.6.3 The foregoing easements and encroachments shall not be construed to be encumbrances affecting the marketability of title to any Lot. ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants.The covenants contained herein shall run with and bind the land for a term of twenty(20)years from the date this Declaration is recorded,after which time the covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument executed in accordance with Section 11.2 below shall be recorded, abandoning or • terminating this Declaration. 13.2 Abandonment of Subdivision Status.The Association shall not,without the prior written • approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent(100%)of all first Mortgagees(based upon one vote for each first Mortgage owned)and Owners(other than the sponsor,developer or builder)of record,seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 14 AMENDMENT OF DECLARATION,PLAT MAP • 14.1 Declaration Amendment.Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment.Except • as otherwise specifically provided for in this Declaration, any proposed amendment must be '- approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if sixty-seven percent(67%)of the Owners vote for such amendment,or without any meeting if all Owners have been duly notified and sixty-seven percent (67%)of the Owners consent in writing to such amendment.In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted,and shall be acknowl- edged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices.In addition to the amendments set forth in Article 11,any amendment to a provision of the Declaration establishing,providing for,governing or regulating the following shall require the consent of sixty-seven percent(67%) of the Owners and sixty-seven percent(67%)of the mortgagees and the consent of the Declarant (so long as Declarant owns any Homes): voting;assessments, assessment liens or subordination F:\WPDATA\CDOC\1920\192406.DEC 29 iY n , of such liens;reserves for maintenance,repair and replacements of Common Areas;insurance or bonds;use of Common Areas;responsibility for maintenance or repairs;expansion or construction of the Project or the addition,annexation or withdrawal of property to or from the Project;boun- daries of Homes; converting of Homes into Common Areas or vice versa; leasing of Homes; '•:`s :'•;;I provisions for the benefit of the Declarant;provisions for benefit of first mortgagees,or holders, , insurers or guarantors of first mortgages; the interests in Common Areas;or imposition of any ' right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Home;provided, that a mortgagee who fails to respond in writing within thirty(30)days of a written request to approve an amendment shall be deemed to have approved the request.It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions • contained herein which may be affected and any or all clauses of this Declaration unless otherwise • specifically provided in the section being amended or the amendment itself. • 14.2 Plat Map.Except as otherwise provided herein, the Plat Map may be amended by revised versions or revised portions thereof referred to and described as to effect in an amendment to the {, Declaration adopted as'provided for in Section 14.1.Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county office in conjunction with the Declaration amendment. ' • 14.3 Conform to Construction.Declarant,upon Declarant's sole signature,and as an attorney- ,�. • in-fact for all Home Owners with an irrevocable power coupled with an interest, may at any time, until all Homes have been sold by Declarant,file an amendment to the Declaration and to the Plat ' Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.4 Conform to Lending Institution Guidelines.So long as Declarant continues to own1 one • or more Homes,Declarant,on his signature alone,and as an attorney-in-fact for all Home Owners . with an irrevocable power coupled with an interest,may file such amendments to the Declaration ' and Plat Map as are necessary to meet the then requirements of Federal.National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies,institutions or lenders financing and/or title insuring the purchase of a Home from,the Declarant. 14.5 Declarant Powers.Declarant,upon Declarant's sole signature,and as an attorney-in-fact for all Lot or Home Owners with an irrevocable power coupled with an interest, may at any time, until all Lot or Homes have been sold by Declarant, file such amendments to the Master Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 17 or any other provision of the Master Declaration. 14.6 Amendments Affecting Special Rights.Any amendment to this Declaration which would F:\WPDATA\CDOC\1920\192406.DEC 30 • • I ri. I affect a right, power, duty or obligation which is exclusively granted to or imposed upon a specific"person or class" shall require the consent of the"person"or sixty-seven percent(67%) • of the members of that"class".A"person or class"shall mean: the Declarant;Home Owners; • or institutional first Mortgagees. ARTICLE 15 INSURANCE 15.1 Insurance Coverage The Board shall obtain and maintain at all times a policy or policies and bonds of liability insurance and of property insurance which shall include at a minimum: 15.1.1 Common Area Casualty.Fire Insurance with extended coverage(including vandalism, malicious mischief, sprinkler leakage, debris removal, windstorm and water damage endorsement), in an amount equal to the full insurable current replacement value (without deduction for depreciation and exclusive of land,foundation,excavation and other items normally • excluded from coverage)of the Common Areas(and Common Area improvements and personal property owned by the Association).Such insurance shall include within its coverage all portions of the structures,including all structural interior components,but shall not be required to include the personal property of any Owner.The Association shall be named as insured.Nothing herein shall preclude the Board from obtaining such other fire and casualty insurance as the Board shall determine to give substantially equal or greater protection. 15.1.2 Liability. General comprehensive liability insurance insuring the Board, the Association, the Owners,Declarant and managing agent against any liability to the public or to the Owners of Homes, and their invitees, or tenants, incident to the ownership or use of the Common Areas(including but not limited to owned and non-owned automobile liability,water • damage, host liquor liability, liability for property of others and, legal liability arising out of lawsuits related to employment contracts or the Association),the liability under which insurance shall be in an amount determine by the Board after consultation with insurance consultants,but J : not less than One Million Dollars($1,000,000.00)covering all claims for personal injury and/or • 'property damage arising•out of a single occurrence(such policy limits to be reviewed at least annually by the Board and increased in its discretion). Such insurance shall contain appropriate provisions or endorsements precluding the insurer from denying the claim of an Owner because of the negligent acts of the Association or another Owner. 15.1.3 Workmen's Compensation.Workmen's compensation insurance to the extent required by applicable laws. . 15.1.4 Fidelity Bonds.Fidelity bonds naming the members of the Board, the manager and its employees and such other persons as may be designated by the Board as principals and%the Association as obligee, in an amount equal to at least one hundred fifty percent(150%)of;file • estimated maximum funding, including reserve funds, in the custody of the Association',or management agent at any given time during the term of each bond;provided that in no event shall F:\WPDATA\CDOC\1920\192406.DEC 31 • • I . :i` g the aggregate amount of such bond be less thv,1 .,:-ee(3)months aggregate assessments for all • Homes plus reserves. Such fidelity bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definitions of"employee" or similar expression. `'` 15.1.5 Personal Property.Insurance against loss of personal property of the Association by fire, theft and other losses with deductible provisions as the Board deems advisable. 15.1.6 Other Insurance.Such other insurance as the Board deems advisable;provided,that notwithstanding any other provisions herein,the Association shall continuously maintain in effect • • such casualty,flood and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Government National Mortgage Association,Federal Home Loan Mortgage Corporation,Federal '1 Housing Authority, Veteran's Administration, or other governmental or quasi-governmental agencies involved in the secondary mortgage market,so long as any such agency is a mortgagee or Owner of a Lot within the project,except to the extent such coverage is not available or has been waived in writing by such agency. 15.1.7 Home Insurance. Fire Insurance with extended coverage (including vandalism, malicious mischief, sprinkler leakage, debris removal, windstorm and water damage endorsement), in an amount equal to the full insurable current replacement value (without deduction for depreciation and exclusive of land,foundation,excavation and other items normally excluded from coverage)of each Home(and the Home Lot improvements).Such insurance shall include within its coverage all portions of the structures, including all structural interior components, but shall not be required to include the personal property of any Owner. The • Association shall be named as insured. Nothing herein shall preclude the Board from obtaining such other fire and casualty insurance as the Board shall determine to give substantially equal or greater protection. • 15.2 Owner's Additional Insurance.Each Owner shall obtain,at his own expense,additional • insurance-respecting: the contents of his Home;any portion of such Home not covered bylthe - policies obtained under Section 15.1;and the Owner's liabilityincident to the ownershipor use of such Home and Lot. 15.3 Insurance Proceeds.Insurance proceeds, from policies obtained by the Association,for damage or destruction to any part of the Property shall be paid to the Board on behalf ofi,the Association which shall segregate such proceeds from other funds of the Association for use;and payment as provided for in Article 16.The Association acting through its Board shall have;the exclusive authority to settle and compromise any claim under insurance obtained by'the Association and the insurer may accept a release and discharge of liability made by the Board on behalf of the named insureds under the policy. 15.4 Additional Provisions.The Board shall obtain insurance policies and bonds which: F:\WPDATA\CDOC\1920\192406.DEC 32 • Itt I , • • • • 15.4.1 Provide that the liability of the insurer thereunder shall not be affected by,and that the insurer shall not claim any right of set-off, counterclaims, apportionment, proration, or contribution or accPcsment by reason of,any other insurance obtained by or for any Owner or any mortgagee; 15.4.2 Contain no provision relieving the insurer from liability for loss because of any act or • neglect that is not within the control of the Association or because of any failure of the Association . to comply with any warranty or condition regarding any portion of the premises overr which the Association has no control; 15.4.3"Contain a waiver of subrogation by the insurer as to any and all claims against the Association,the owner of any Home and/or their respective agents,employees or tenants,and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. • Despite any provision giving the insurer the right to restore damage in lieu of a cash settlement such option shall not be exercisable without the prior written approval of the Association,or when in conflict with the provisions of any insurance trust agreement to which the Association is a party,or any requirement of law. 15.4.4 Contain no provision(other than insurance conditions)which prevent mortgagees from collecting insurance proceeds. 15.4.5 May not be cancelled or modified substantially without at least ten (10)days prior • written notice to the Association and each holder of a first mortgage listed in the insurance policy • as a scheduled holder of a first mortgage.• 15.4.6 Contains,if available,an agreed amount and Inflation Guard Endorsement. • 15.5 Cost of Insurance. The cost of insurance obtained pursuant to Article 15 shall be a • Common Expense. . • " ARTICLE 16 . • DAMAGE OR DESTRUCTION: RECONSTRUCTION 16.1 Common Areas.In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available.If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a Special Assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds,in addition to any other Common Assessments made against such Lot Owner. e• 16.2 Homes �. 16.2.1 Reconstruction.In the event of damage or destruction by fire or other casualty, for F:\WPDATA\CDOC\1920\192406.DEC 33 • I • .. ,;.,,:: : which the Association must maintain insurance under Section 15.1.7,to any Home,the Board(or if it so designates,the Owner thereof)shall, upon receipt of the insurance proceeds,repair or k,,';`';:' ''•;-`` . rebuild such damage or destroyed portions of the Home in a good workmanlike manner substantially the same as the original plans and specifications of said Home.In the event that the ' Board shall designate the Owner as the party to repair or rebuild the Home, the Association shall nonetheless hold all insurance proceeds in trust and shall distribute funds from time to time to`pay for work found acceptable to that date,as would a commercial lender in the normal course of r business. •16.2.2 Insufficient Insurance Proceeds to Complete Reconstruction.In the event proceeds of insurance shall be insufficient for any reason to adequately complete the reconstruction or repair of any Home, the amount of such insufficiency shall be allocated prorata among each oP the • Homes included within the Project as a Home Expense.Such amount shall be treated and collected as a special assessment pursuant to Article 8 hereof. • ARTICLE 17 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 17.1 Annexation by Declarant.Although not obligated to do so,Declarant reserves the right to develop as a residential project Additional Lands which would be in addition to the land described in Exhibit"A." Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Property without the assent of the members of the Association. 17.2 Non Declarant Annexations.Annexation of additional properties(other than Declarant annexations provided for in Section 16.1 hereof)shall require the assent of two-thirds(2/3)of the • members of the Association attending a meeting duly called for this purpose, written notice of • which shall be sent to all members not less than thirty(30)days or more than sixty(60)days in advance of the meeting setting forth the purpose of the meeting.At this meeting the presence of members or of proxies entitled to cast sixty percent(60%)of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall •'• ' be one-half eh)of the required quorum of the proceeding meeting. No such subsequent meeting shall be held more than sixty(60)-days following the preceding meeting.In the event two-thirds (2/3)of the members are not present in person or by proxy, members not present may give their • written consent to the action taken thereat.Until all Class B membership terminates,annexation of Additional Properties under this Section shall also require the prior written approval of the Declarant. 17.3 Common Areas Within Divisions.Common Areas within a Division subsequently annexed to the existing Property shall be available for the common use of all Owners of Homes within such subsequently annexed Division as well as within the existing Property.Likewise,Common Areas within the existing Property shall be available for the common use of all Owners of Homes within the existing Property as well as within such subsequently annexed Divisions. F:\WPDATA\CDOC\1920\192406.DEC 34 { is I• C ii :i. a t ARTICLE 18 MISCELLANEOUS 18.1 Delivery of Notices and Documents.Any written notice,or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given,shall be deemed to have been delivered and received forty-eight(48)hours after a copy thereof has been deposited in the United States mail,postage prepaid,addressed as follows: (a) If to an Owner,other than Declarant,to the registered address of such Owner,as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, the address which Declarant shall have advised the Board in writing. (c) Prior to the organizational meeting, notices to the Board shall be addressed to the address set forth in°(b)above.Thereafter,notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association.In addition,from and after the organizational meeting,notice of the address of the Association shall be given by the Board to each Owner,within a reasonable time after the Board has received actual notice of such Owner's purchase of a Home. 18.2 Conveyances; Notice Required. The right of an Owner to sell, transfer, or otherwise • convey his Home 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 Home shall deliver a written notice to the Board,at least two(2)weeks before closing, • specifying: the Home being sold; the name and address of the purchaser,of the closing agent, and of the title insurance company insuring the purchaser's interest; and the estimated closing . date.The failure of an Owner to properly give such notice to the Board shall not invalidate the sale.The Board shall have the right to notify the purchaser,the title insurance company,and the closing agent of the amount of unpaid assessments and charges outstanding against the Home; whether or not such information is requested. 18.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs,personal representatives,successors and assigns of Declarant,and the heirs, personal representatives,grantees,lessees,sublessees and assignees of the Owners. • 18.4 Joint and Several Liability.In the case of joint ownership of a Home, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration,shall be joint and several. t •. F:\WPDATA\CDOC\1920\192406.DEC 35 I� 't • • 18.5 Mortgagee's Acceptance. 18.5.1 Priority of Mortgage.This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said mortgage. • 18.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title of any Home until said Mortgagee shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Homes from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and the status of the Homes remaining subject to its Mortgage as well as its acknowledgement that such appropriate arrangements for partial release of Homes has been made;provided, that,except as to Homes so released, said mortgage shall remain in full effect as to the entire Property. 18.6 Severability.The provisions hereof shall be deemed independent and severable,and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 18.7 Effective Date.The Declaration shall take effect upon recording. 18.8 Governmental Right of Access. All governmental and quasi-governmental entities • (including without limitation public and private providers of utility services)shall have rights of • access, maintenance and inspection for the open space area, any drainage facilities or utility ' systems contained therein,or other matter of their respective jurisdiction. ARTICLE 19 PARTY WALLS • 19.1 General Rules of Law Apply Each wall which is built as a part of the original construction of the Homes upon,the Property and placed on the dividing line between the Lots shall constitute a party wall,and,to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 19.2 Sharing Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 19.3 Destruction by Fire or Other Casualty F:\WPDATA\CDOC\1920\192406.DEC 36 • 1"• F, t; • 11 • Ir II„ ' y: ,' b . } 'If a party wall is destroyed or damaged b or other casualty,any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice,however, • to the right of any such Owners to call for a larger contribution from the others under any rule of , law regarding liability for negligent or willful acts or omissions. • 19.4 Weatherproofing Notwithstanding any other provision of this Article, an Owner who,by his negligent or willful act, causes the party wall to be exposes to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 19.5 Right to Contribution Runs with Land The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 19.6 Arbitration In the event of any dispute arising concerning a party wall,or under the provisions of this Article,each party shall choose one arbitrator,and such arbitrators shall choose one additional _ ,r arbitrator,and the decision shall be by a majority of all the arbitrators. •,I. . IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first hereinabove written. • DECLARANT: [3] By: • . Its: • notary acknowledgement .I • F:\WPDATA\CDOC\1920\192406.DEC 37 t { I i DECLAP IN OF COVENANTS,CONDITIONS AND RESTRICTIONS OF BLUEBERRY LANE Exhibit A-Legal Description • g;\wpDATA\CDOC\1920\192406.DEC 38 ;.. BLUEBERRY LANE 95127 Plat Map Checks 9/18/97 HCP Dodds Engineers, Inc. 4205 148th Avenue NE • Suite 200 Bellevue,WA 98007 ..... CITY�O'4n 5 R�pt� l R g OCT 3 0 1°97 BUILDING?DIMS(a RECEIVED NOV 1 3 1997 DEVELOPMENT PLANNING CITY OF RENTON Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BOUNDARY 9/18/97 11:05:47 Factor: 1.0000000 Correct End - N: 8709.7198 E: 10133.8337 Calc. End - N: 8709.7260 E: 10133.8347 Error - N: 0.0061 E: 0.0010 Total: 0.0062 Brg: S 09-41-29.5 W Distance Traversed: 2530.7300 Closure: 407741 No Adjustment Bearing Distance North East Elevation Pt.No. 8709.7198 10133.8337 0.00 2248 S 88-11-32.0 E 607.6200 8690.5516 10741.1513 7110 S 00-08-57.0 W 658.9000 8031.6538 10739.4359 7111 N 88-07-15.0 W 606.0100 8051.5260 10133.7518 7112 N 00-00-26.0 E 658.2000 8709.7260 10133.8347 7113 Approx: Sq.Feet: 399425.8 Acres: 9.1696 Prepared by: DODDS ENGINEERS, INC. fCGP001771. Map-Check BLOCK1 9/18/97 11:02:57 Factor: 1.0000000 Correct; End - N: 8698.7144 E: 10133.8323 Cale. End - N: 8698.7217 E: 10133.8293 Error - N: 0.0073 E: -0.0030 Total: 0.0078 Brg: S 22-08-41.5 E Distance Traversed: 2180.1736 Closure: 278473 No Adjustment Bearing Distance North East Elevation Pt.No. 8698.7144 10133.8323 0.00 179 S 88-11-32.0 E 291.5000. 8689.5186 10425.1872 7010 RAP: 48.0000 LEN: 68.0194 TAN: 41.1353 CEN.ANG: 81-11-32.0 CHORD: 62.4694 MO: 11.5529 EXT: 15.2148 DEGREE: 119-21-58.3 SEG: 494.1 TRI: 1138.4 SEC: 1632.5 S 01-48728.0 W 48.0000 8641.5425 10423.6730 0.00 7011 PC->RP N 83-00-00.0 E 48.0000 8647.3922 10471.3152 7012 RP->PT S 47-35-46.0 E 62.4694 8647.3922 10471.3152 7012 PC->PT S 07-00-00.0 E 74.7400 8573.2093 10480.4237 7013 RAD: 40.;0000 LEN: 6.1668 TAN: 3.0895 CEN.ANG: 8-50-00.0 CHORD: 6.1607 MO: 0.1188 EXT: 0.1191 DEGREE: 143-14-22.0 SEG: 0.5 TRI: 122.8 SEC: 123.3 S 07-00700.0 E 40.0000 8533.5075 10485.2985 7014 PC->RP N 01-50700.0 E 40.0000 8573.4870 10486.5782 7015 RP->PT N 87-25-00.0 E 6.1607 8573.4870 10486.5782 7015 PC->PT S 88-10-00.0 E 95.9200 8570.4183 10582.4491 7016 RAD: 40.0000 LEN: 60.2255 TAN: 37.4750 CEN.ANG: 86-16-00.0 • CHORD: 54.6959 MO: 10.8094 EXT: 14.8122 DEGREE: 143-14-22.0 SEG: 406.2 TRI: 798.3 SEC: 1204.5 S 01-50-00.0 W 40.0000 8530.4388 10581.1694 7017 PC->RP N 88-06-00.0 E 40.0000 8531.7650 10621.1474 7018 RP->PT • S 45-02-00.0� E 54.6959 8531.7650 10621.1474 7018 PC->PT S 01-54-00.0 E 63.2300 8468.5698 10623.2438 7019 S 11-00-00.0 E 81.0000 8389.0580 10638.6993 7020 RAP: 50.0000 LEN: 61.3047 TAN: 35.1732 CEN.ANG: 70-15-00.0 CHORD: 57.5362 MO: 9.1051 EXT: 11.1323 DEGREE: 114-35-29.6 SEGI: 356.1 TRI: 1176.5 SEC: 1532.6 S 79-00-00.0 W 50.0000 8379.5175 10589.6180 7021 PC->RP S 3i0-45-00.0 E 50.0000 8336.5472 10615.1826 7022 RP->PT S 24-07-30.0 W 57.5362 8336.5472 10615.1826 7022 PC->PT Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BLOCK1 9/18/97 11:03:31 Factor: 1.0000000 Bearing Distance North East Elevation Pt.No. S 59-15-00.0 W 17.4200 8327.6405 10600.2118 7023 RAD: 90.0000 LEN: 63.6173 TAN: 33.2028 CEN.ANG: 40-30-00.0 CHORD: 62.3011 MO: 5.5628 EXT: 5.9293 DEGREE: 63-39-43.1 SEG: 232.5 TRI: 2630.3 SEC: 2862.8 S 59-15-00.0 W 90.0000 8281.6241 10522.8652 7024 PC->RP S 80-15-00.0 E 90.0000 8266.3826 10611.5652 7025 RP->PT S 10-30-00.0 E ' 62.3011 8266.3826 10611.5652 7025 PC->PT S 09-45-00.0 W 4.5000 8261.9476 10610.8032 7026 RAD: 85.0000 LEN: 75.7828 TAN: 40.6183 CEN.ANG: 51-04-58.0 CHORD: 73.2977 MO: 8.3067 EXT: 9.2064 DEGREE: 67-24-24.5 SEG: 410.0 TRI: 2810.7 SEC: 3220.8 S 80-15-00.0 E 85.0000 8247.5529 10694.5754 7027 PC->RP S 48-40-02.0 W 85.0000 8191.4163 10630.7501 7028 RP->PT S 15-47-29.0 E 73.2977 8191.4163 10630.7501 7028 PC->PT RAD: 35.0000 LEN: 81 .4484 TAN: 81.1380 CEN.ANG: 133-19-58.0 CHORD: 64.2750 MO: 21.1371 EXT: 53.3650 DEGREE: 163-42-08.0 SEG: 979.8 TRI: 445.5 SEC: 1425.3 S 48-40-02.0 W 35.0000 8168.3012 10604.4690 7029 PC->RP S 02-00-00.0 W 35.0000. 8133.3225 10603.2476 7030 RP->PT S 25-20-01.0 W 64.2750 8133.3225 10603.2476 7030 PC->PT N 88-00-00.0 W 14.7400 8133.8369 10588.5165 7031 RAD: 35.0000 LEN: 54.4500 TAN: 34.4761 CEN.ANG: 89-08-09.0 CHORD: 49.1228 MO: 10.0653 EXT: 14.1284 DEGREE: 163-42-08.0 • SEG: 340.4 TRI: 612.4 SEC: 952.9 N 02-00-00.0 E 35.0000 8168.8156 10589.7380 7032 PC->RP N 88-51-51.0 W 35.0000 8169.5094 10554.7449 7033 RP->PT N 43-25-55.5 W 49.1228 8169.5094 10554.7449 7033 PC->PT S 72-45-00.0 W 40.9400 8157.3690 10515.6464 7034 RAD: 35.0000 LEN: 34.6666 TAN: 18.9047 CEN.ANG: 56-45-00.0 CHORD: 33.2668 MO: 4.2050 EXT: 4.7792 DEGREE: 163-42-08.0 SEG: 94.4 TRI: 512.2 SEC: 606.7 S 17-15-00.0 E 35.0000 8123.9433 10526.0253 7035 PC->RP N 74-00-00.0 W 35.0000 8133.5906 10492.3812 7036 RP->PT Prepared by: DODDS ENGINEERS, INC. $CGP001771 Map-Check BLOCK1 9/18/97 11:03:31 Factor: 1.0000000 Bearing Distance North East Elevation. Pt.No. S 44-22-30.0 W 33.2668 8133.5906 10492.3812 7036 PC->PT S 16-00-00.0 W 50.8500 8084.7104 10478.3650 7037 RAD: 35.0000 LEN: 46.3518 TAN: 27.2855 CEN.ANG: 75-52-44.0 CHORD: 43.0380 MO: 7.3969 EXT: 9.3790 DEGREE: 163-42-08.0 SEG: 217.2 TRI: 594.0 SEC: 811.2 N 74-00-00.0 W 35.0000 8094.3577 10444.7209 7038 PC->RP 8 01-52-44.0 W 35.0000 8059.3765 10443.5733 7039 RP->PT S 53-56-22.0 W 43.0380 8059.3765 10443.5733 7039 PC->PT N 88-07-15.0 W 309.9900 8069.5417 10133.7500 7040 N 00-00-26.0 E 10.0000 8079.5417 10133.7513 7041 N 00-00-26.0 E 574.3700 8653.9117 '10133.8237 7042 N 00-00-26.0 E 44.8100 8698.7217 10133.8293 7043 Approx: Sq.Feet: 277398.3 Acres: 6.3682 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BLOCK2 9/18/97 11:03:44 Factor: 1.0000000 Correct, End - N: 8698.7144 E: 10133.8323 Ca1c. End - N: 8698.7182 E: 10133.821.2 Error -. N: 0.0038 E: -0.0111 Total: 0.0117 Brg: S 71-07-17.3 E Distance Traversed: 2041.4824 Closure: 174246 No Adjustment Bearing Distance North East Elevation Pt.No. 8698.7144 10133.8323 0.00 179 S 88-11-32.0 E 291.5000 8689.5186 10425.1872 7044 RAD: 48.0000 LEN: 68.0194 TAN: 41.1353 CEN.ANG: 81-11-32.0 CHORD: 62.4694 MO: 11.5529 EXT: 15.2148 DEGREE: 119-21-58.3 SEG: 494.1. TRI: 1138.4 SEC: 1632.5 S 01-48-28.0 W 48.0000 8641.5425 10423.6730 7045 PC->RP N 83-00-00.0 E 48.0000 8647.3922 10471.3152 7046 RP->PT S ;47-35-46.0 E 62.4694 8647.3922 10471.3152 7046 PC->PT S 07-00-00.0 E 74.7400 8573.2093 10480.4237 7047 RAD: 40.0000 LEN: 63.1809 TAN: 40.3506 CEN.ANG: 90-30-00.0 CHORD: 56.8148 MO: 11 .8394 EXT: 16.8170 DEGREE: 143-14-22.0 SEG: 463.6 TRI: 800.0 SEC: 1263.6 S 07-00-00.0 E 40.0000 8533.5075 10485.2985 7048 PC->RP S 82-30-00.0 W 40.0000 8528.2864 10445.6407 7049 RP->PT S 37-45-00.0 W 56.8148 8528.2864 10445.6407 7049 PC->PT S 07-30-00.0 E 100.0600 8429.0825 10458.7011 7050 RAD: 50.0000 LEN: 54.7597 TAN: 30.4902 CEN.ANG: 62-45-00.0 • CHORD: 52.0637 MO: 7.3111 EXT: 8.5632 DEGREE: 114-35-29.6 SEG: 257.7 TRI: 1111.3 SEC: 1369.0 N 82-30-00.0 E 50.0000 8435.6088 10508.2734 7051 PC->RP S 19-45-00.0 W 50.0000 8388.5500 10491.3775 7052 RP->PT S 38-52-30.0 E 52.0637 8388.5500 10491.3775 7052 PC->PT S 70-15-00.0 E 65.7600 8366.3286 10553.2693 7053 RAD: 90.0000 LEN: 125.6637 TAN: 75.5190 CEN.ANG: 80-00-00.0 CHORD: 115.7018 MO: 21.0560 EXT: 27.4867 DEGREE: 63-39-43.1 SEG: 1666.4 TRI: 3988.5 SEC: 5654.9 S 19-45-00.0 W 90.0000 8281 .6227 10522.8568 7054 PC->RP S 80-15-00.0. E 90.0000 8266.3813 10611.5568 7055 RP->PT S 30-15-00.0 E 115.7018 8266.3813 10611.5568 7055 PC->PT 1 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BLOCK2 9/18/97 11:03:54 Factor: 1.0000000 Bearing Distance North East Elevation Pt.No. S 09-45-00.0 W 17.5600 8249.0749 10608.5830 7056 RAD: 60.0000 LEN: 41.8006 TAN: 21.7888 CEN.ANG: 39-55-00.0 CHORD: 40.9604 MO: 3.6035 EXT: 3.8338 DEGREE: 95-29-34.7 SEG: 99.0 TRI: 1155.0 SEC: 1254.0 N 80-15-00.0 W 60.0000 8259.2359 10549.4497 7057 PC->RP S 40-20-00.0 E 60.0000 8213.4984 10588.2837 7058 RP->PT S 29-42-30.0 W 40.9604 8213.4984 10588.2837 7058 PC->PT S 49-40-00.0 W 27.8200 8195.4923 10567.0767 7059 RAD: 35.0000 LEN: 29.6458 TAN: 15.7777 CEN.ANG: 48-31-51.0 CHORD: 28.7675 MO: 3.0922 EXT: 3.3919 DEGREE: 163-42-08.0 SEG: 59.8 TRI: 459.0 SEC: 518.8 S 40-20-00.0 E 35.0000 8168.8121 10589.7299 7060 PC->RP N, 88-51.-51.0 W 35.0000 8169.5059 10554.7368 7061 RP->PT 5, 25-24-04.5 W 28.7675 8169.5059 10554.7368 7061 PC->PT S 72-45-00.0 W 40.9400 8157.3655 10515.6382 7062 RAD: 35.0000 LEN: 34.6666 TAN: 18.9047 CEN.ANG: 56-45-00.0 CHORD: 33.2668 MO: 4.2050 EXT: 4.7792 DEGREE: 163-42-08.0 SEG: 94.4 TRI: 512.2 SEC: 606.7 S 17-15-00.0 E 35.0000 8123.9398 10526.0172 7063 PC->RP N 74-00-00.0 W 35.0000 8133.5871 10492.3730 7064 RP->PT S 44-22-30.0 W ' 33.2668 8133.5871 10492.3730 7064 PC->PT S 16-00-00.0 W 50.8500 8084.7070 10478.3569 '7065 RAD: 35.0000 LEN: 46.3518 TAN: 27.2855 CEN.ANG: 75-52-44.0 CHORD: 43.0380 MO: 7.3969 EXT: 9.3790 DEGREE: 163-42-08.0 SEG: 217.2 TRI: 594.0 SEC: 811.2 N 74-00-00.0 W 35.0000 8094.3543 10444.7127 7066 PC->RP S 01-52-44.0 W 35.0000 8059.3731 10443.5652 7067 RP->PT S 53-56-22.0 W 43.0380 8059.3731 10443.5652 7067 PC->PT N 88-07-15.0 W 309.9900 8069.5382 10133.7419 7068 N 00-00-26.0 E 10.0000 8079.5382 10133.7432 7069 N 00-00-26.0 E 574.3700 8653.9082 10133.8156 7070 N 00-00-26.0 E 44.8100 8698.7182 10133.8212 7071 Approx: Sq.Feet: 236689.7 Acres: 5.4336 Prepared by: DODDS ENGINEERS, INC,. #CGP001771 Map-Check BLOCK3 9/18/97 11:04:05 Factor: 1 .0000000 Correct End - N: 8709.7198 E: 10133.8337 Calc. End - N: 8709.7289 E: 10133.8364 Error - N: 0.0091 E: 0.0027 Total: 0.0095 Brg: S 16-44-38.5 W Distance Traversed: 1237.2200 Closure: 130326 No Adjustment Bearing Distance North East Elevation Pt.No. 8709.7198 10133.8337 0.00 2248 S 88-11-32.0 E 607.6200. 869.0.5516 10741.1513 7072 S 00-08-57.0 W 11.0000 8679.5516 .10741.1226 7073 N 88-11-32.0 W 607.5900 8698.7189 10133.8350 7074 N 00-00-26.0 E 11 .0100 8709.7289 10133.8364 7075 Approx: Sq.Feet: 6680.8 Acres: 0.1534 Prepared by: DODDS ENGINEERS, INC. 1ICGP001771 Map-Check BLOCK4 9/18/97 11:04:28 Factor: 1.0000000 Correct End - N: 8698.7144 E: 10133.8323 Cale.. End - N: 8698.7149 E: 10133.8269 Error. - N: 0.0005 E: -0.0054 Total: 0.0054 Brg: S 84-41-41.1 E Distance Traversed: 1289.0665 Closure: 239251 • No Adjustment Bearing Distance North East Elevation Pt.No. 8698.7144. 10133.8323 0.00 179 S 88-11-32.0 E 607.5900 8679.5471 10741.1199 7076 500-08-57.0 W 19.0100 8660.5372 10741.0704 7077 N 88-11-32.0 W 581.7500 8678.8893 10159.6099 7078 RAD: 25.0000 LEN: 40.0555 TAN: 25.7982 CEN.ANG: 91-48-02.0 CHORD: 35.9065 MO: 7.6023 EXT: 10.9242 DEGREE: 229-10-59.2 SEG: 188.3 TRI: 312.3 SEC: 500.7 S 01-48-28.0 W 25.0000 8653.9018 10158.8213 7079 PC-)RP N 89-59-34.0 W 25.0000 8653.9049 10133.8213 7080 .. RP-)PT S 45-54-27.0 W 35.9065 8653.9049 10133.8213 7080 PC-)PT N 00-00-26.0 E 44.8100 8698.7149 10133.8269 7081 Approx: Sq.Feet: 11689.4 Acres: 0.2684 • Prepared by: DODDS ENGINEERS, INC. tCGP001771 Map-Check BLOCK5 9/18/97 11:04:54 Factor: 1.0000000 Correct End - N: 8327.6367 E: 10600.21.00. Calc. End - N: 8327.6381 E: 10600.2184 Error - N: 0.0014 E: 0.0084 Total: 0.0085 Br.g: S 80-50-29.3 W Distance Traversed: 709.4942 Closure: 83346 No Adjustment Bearing Distance North East Elevation Pt.No. 8327.6367 10600.2100 0.00 93 RAD: 90.0000 LEN: 62.0465 TAN: 32.3133 CEN.ANG: 39-30-00.0 CHORD: 60.8250 MO: 5.2942 EXT: 5.6250 DEGREE: 63-39-43.1 SEG: 216.0 TRI: 2576.1 SEC: 2792.1 S 59-15-00.0 W 90.0000 8281.6204 10522.8634 7082 PC->RP N' 19-45-00.0 E 90.0000 8366.3262 10553.2759 7083 . RP->PT N' 50-30-00.0 W 60.8250 8366.3262 10553.2759 7083 PC->PT N 70-15-00.0 W 65.7600 8388.5476 10491.3842 7084 RAD: 50.0000 LEN: 54.7597 TAN: 30.4902 CEN.ANG: 62-45-00.0 CHORD: 52.0637 MO: 7.3111 EXT: 8.5632 DEGREE: 114-35-29.6 SEG: 257.7 TRI: 1111.3 SEC: 1.369.0 N 19-45-00.0 E 50.0000 8435.6064 10508.2800 7085 PC->RP 582-30-00.0 W 50.0000 8429.0801 . 10458.7078 7086 RP->PT N 38-52-30.0 W 52.0637 8429.0801 10458.7078 .7086 PC->PT N 07-30-00.0 W 100.0600 8528.2841 10445.6473 7087 RAD: 40.0000 LEN: 69.3477 TAN: 47.1108 CEN.ANG: 99-20-00.0 CHORD: 60.9834 MO: 14.1107 EXT: 21.8015 DEGREE: 143-14-22.0 SEG: 597.5 TRI: 789.4 SEC: 1387.0 N 82-30-00.0 E . 40.0000 8533.5051 10485.3051 7088 PC->RP N 01-50-00.0 E 40.0000 8573.4846 10486.5848 7089 RP->PT N 42-10-00.0 E 60.9834 8573.4846 10486.5848 7089 PC->PT S 88-10-00.0 E 95.9200 8570.4159 - 10582.4557 7090 RAD: 40.0000 LEN: 60.2255 TAN: 37.4750 CEN.ANG: 86-16-00.0. CHORD: 54.6959 MO: 10.8094 EXT: 14.8122 DEGREE: 143-14-22.0 SEG: 406.2 TRI: 798.3 SEC: 1204.5 S 01-50-00.0 W 40.0000 8530.4364 10581.1760 7091 PC->RP N 88-06-00.0 H 40.0000 8531.7626 10621.1540 7092 RP->PT 8' 45-02-00.0 E 54.6959 8531.7626 10621.1540 7092 PC->PT S 01.-54-00.0 E 63.2300 8468.5674 10623.2504 7093 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BLOCK5 9/18/97 11:05:07 Factor: 1.0000000 Bearing Distance North East Elevation Pt.No. S 11-00-00.0 E 81.0000 8389.0556 10638.7059 7094 RAD: 50.0000 LEN: 61.3047 TAN: 35.1732 CEN.ANG: 70-15-00.0 CHORD: 57.5362 MO: 9.1051. EXT: 11.1323 DEGREE: 114-35-29.6 SEG: 356.1 TRI: 1176.5 SEC: 1532.6 S 79-00-00.0 W 50.0000 8379.5151 10589.6246 7095 PC->RP S 30-45-00.0 E 50.0000 8336.5448 10615.1892 7096 RP->PT S 24-07-30.0 W 57.5362 8336.5448 10615.1892 7096 PC->PT S 59-15-00.0 W 17.4200 8327.6381 10600.2184 7097 Approx: Sq.Feet: 35027.0 Acres: 0.8041 I Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BLOCK6 9/18/97 11:05:17 Factor: 1.0000000 Correct End - N: 8266.3789 E: 10611.5634 Caic.. End - N: 8266.3768 E: 10611.5637 Error - N: -0.0021 E: 0.0003 Total: 0.0021 Brg: N 07-17-33.0 W Distance Traversed: 308.4305 Closure: 145291 No Adjustment Bearing Distance North East Elevation Pt.No. 8266.3789 10611.5634 0.00 88 S 09-45-00.0 W 17.5600 8249.0725 10608.5897 7098 RAD: 60.0000 LEN: 41.8006 TAN: 21.7888 CEN.ANG: 39-55-00.0 CHORD: 40.9604 MO: 3.6035 EXT: 3.8338 DEGREE: 95-29-34.7 SEG: 99.0 TRI: 1155.0 SEC: 1254.0 N 80-15-00.0 W 60.0000 8259.2335 10549.4563 7099 PC->RP S 40-20-00.0 E 60.0000 8213.4960 10588.2903 7100 RP->PT S 29-42-30.0 W 40.9604 8213.4960 10588.2903 7100 PC->PT S 49-40-00.0 W 27.8200 8195.4900 10567.0833 7101 RAD: 35.0000 LEN: 84.0958 TAN: 90.3913 CEN.ANG: 137-40-00.0 CHORD: 65.2774 MO: 22.3621 EXT: 61 .9309 DEGREE: 163-42-08.0 SEG: 1059.2 TRI: 41.2.5 SEC: 1471.7 S 40-20-00.0 E 35.0000 8168.8097 10589.7365 7102 PC->RP S 02-00-00.0 W 35.0000 8133.8311 10588.5150 7103 RP->PT S 19-10-00.0 E 65.2774 8133.8311 10588.5150 7103 PC->PT S 88-00-00.0 E 14.7400 8133.3166 10603.2460 7104 RAD: 35.0000 LEN: 81.4484 TAN: 81.1380 CEN.ANG: 133-19-58.0 • CHORD: 64.2750 MO: 21.1371 EXT: 53.3650 DEGREE: 163-42-08.0 SEC: 979.8 TRI: 445.5 SEC: 1425.3 N 02-00-00.0 E 35.0000 8168.2953 10604.4675 7105 PC->RP N 48-40-02.0 E 35.0000 8191.4104 10630.7485 7106 RP->PT N 25-20-01.0 E 64.2750 8191.4104 10630.7485 7106 PC->PT RAD: 85.0000 LEN: 75.7828 TAN: 40.6183 CEN.ANG: 51-04-58.0 CHORD: 73.2977 MO: 8.3067 EXT: 9.2064 DEGREE: 67-24-24.5 SEG: 410.0 TRI: 2810.7 SEC: 3220.8 N 418-40-02.0 E 85.0000 8247.5471 10694.5739 7107 PC->RP N 80-15-00.0 W 85.0000 8261.9418 10610.8016 7108 RP->PT N 15-47-29.0 W 73.2977 8261.9418 10610.8016 7108 PC->PT N 09-45-00.0 E 4.5000 8266.3768 10611.5637 7109 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check BL0CK6 9/18/97 11:05:36 Factor: 1.0000000 Bearing Distance North East Elevation Pt.No. Approx: Sq.Feet: 5686.2 Acres: 0.1305 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT1 9/18/97 11 :06:23 Factor: 1 .0000000 Correct End - N: 8673.0330 E: 10345.2107 Calc. End - N: 8673.0340 E: 10345.2145 Error - N: 0.0010 E: 0.0038 Total: 0.0039 Brg: S 75-50-15.0 W Distance Traversed: 258.6100 Closure: 66535 No Adjustment Bearing Distance North East Elevation Pt.No. 8673.0330 10345.2107 0.00 180 S 88-11-32.0 E 59.0100 8671.1715 10404.1913 7114 S 43-20-00.0 E 45.8200 8637.8432 10435.6349 7115 S 01-50-00.0 W 15.0000 8622.8509 10435.1550 7116 N 88-10-00.0 W 91 .5000 8625.7782 10343.7019 7117 N 01-50-00.0 E 47.2800 8673.0340 10345.2145 7118 Approx: Sq.Feet: 3802.8 Acres: 0.0873 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT2 9/18/97 11:32:37 Factor: 1.0000000 1 Correct End - N: 8625.7807 E: 10343.6982 Calc. End - N: 8625.7812 E: 10343.6964 Error. - N: 0.0005 E: -0.0018 Total: 0.0019 Brg: .S 74-23-30.7 E Distance Traversed: 245.0800 Closure: 132147 No, Adjustment Bearing Distance North East Elevation Pt.No. 8625.7807 10343.6982 0.00 181. S 88-10-00.0 E 80.5000 8623.2053 10424.1570 7184 S 01-50-00.0 W 14.9200 8608.2929 10423.6797 7185 S 26-50-00.0 E 23.0100 8587.7606 10434.0663 7186 N 88-10-00.0 W 91.5400 8590.6892 10342.5732 7187 N 01-50-00.0 E 35.1100 8625.7812 10343.6964 7188 Approx: Sq.Feet: 2937.8 Acres: 0.0674 it Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOTS 9/18/97 11:37:34 Factor: 1.0000000 Correct End - N: 8590.6887 E: 10342.5750 Calc. End - N: 8590.6893 E: 10342.5742 Error - N: 0.0007 E: -0.0008 Total: 0.0011 Brg: .S 50-44-16.0 E Distance Traversed: 251.6082 Closure: 235682 No Adjustment Bearing Distance North East Elevation Pt.No. 8590.6887 10342.5750 0.00 182 S 11-03-50.0 E 38.0800 8553.3164 10349.8827 7255 S 88-10-00.0 E 81.8900 8550.6966 10431.7307 7256 RAD: 83.0000 LEN: 26.0551 TAN: 13.1356 CEN.ANG: 17-59-10.0 CHORD: 25.9482 MO: 1 .0203 EXT: 1.0330 DEGREE: 69-01-51.8 SEG: 17.7 TRI: 1063.6 SEC: 1081.3 S 79-20-51.0 E 83.0000 8535.3539 10513.3004 7257 PC->RP N 61-21-41.0 W 83.0000 8575.1344 10440.4546 7258 RP->PT N 19-38-44.0 E 25.9482 8575.1344 10440.4546 7258 PC->PT N 26-50-00.0 W 14.1500 8587.7608 10434.0673 7259 N 88-10-00.0 W 91.5400 8590.6893 10342.5742 7260 Approx: Sq.Feet: 3334.3 Acres: 0.0765 Prepared by: DODDS ENGINEERS, INC. #CGP001.771 Map-Check LOT4 9/18/97 11:41:41 Factor: 1.0000000 Correct End - N: 8553.3151 E: 10349.8829 Calc. End - N: 8553.3222 E: 10349.8812 Error - N: 0.0071. E: -0.0017 Total: 0.0073 Brg: S 13-33-19.4 E Distance Traversed: 218.4063 Closure: 29758 No Adjustment Bearing Distance North East Elevation Pt.No. 8553.3151 10349.8829 0.00 186 S 88-10-00.0 E 81.8900 8550.6953 10431.7310 7320 RAD: 83.0000 LEN: 26.2961 TAN: 13.2592 CEN.ANG: 18-09-09.0 CHORD: 26.1863 MO: .1.0392 EXT: 1.0524 DEGREE: 69-01-51.8 SEG: 18.2 TRI: 1073.1. SEC: 1091.3 S 79-20-51.0 E 83.0000 8535.3525 10513.3006 7321 PC->RP S 82-30-00.0 W 83.0000 8524.5189 10431.0107 7322 RP->PT S 01-34-34.5 W 26.1863 8524.5189 10431.0107 7322 PC->PT S 07-30-00.0 E 0.9900 8523.5373 10431.1399 7323 N 88-10-00.0 W 82.1700 8526.1661 10349.0120 7324 N 01-50-00.0 E 27.1700 8553.3222 10349.8812 . 7325 Approx: Sq.Feet: 2208.0 Acres: 0.0507 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOTS 9/18/97 11:45:15 Factor: 1.0000000 Correct End - N: 8526.1623 E: 10349.0138 Caic. End - N: 8526.1603 E: 10349.0154 Error - N: -0.0020 E: 0.0016 Total: 0.0026 Brg: N 38-26-07.7 W Distance Traversed: 260.2800 Closure: 100686 No Adjustment Bearing Distance North East Elevation Pt.No. 8526.1623 10349.0138 0.00 187 S 88-10-00.0 E 82.1700 8523.5335 10431.1417 7384 S 07-30-00.0 E 41.9600 8481.9325 10436.6186 7385 S'I 82-30-00.0 W 79.0000 8471.6209 10358.2945 7386 N 28-00-00.0 W 22.1500 8491.1782 10347.8957 7387 N 01-50-00.0 E 35.0000 8526.1603 10349.0154 7388 Approx: Sq.Feet: 4077.7 Acres: 0.0936 • Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT6 9/18/97 11:49:12 Factor: 1.0000000 Correct End - N: 8471.6223 E: 10358.2932 Calc. End - N: 8471.6223 E: 10358.2932 Error - N: 0.0000 E: 0.0000 Total: 0.0000 Brg: N 90-00-00.0 E Distance Traversed: 228.0600 Closure: 9999999999 No Adjustment Bearing Distance North East Elevation Pt.No. 8471.6223 10358.2932 0.00 189 N 82-30-00.0 E 79.0000 8481.9339 10436.6174 7436 S 07-30-00.0 E 35.0300 8447.2035 10441.1897 7437 S 82-30-00.0 W 79.0000 8436.8920 10362.8655 7438 N 07-30-00.0 W 35.0300 8471.6223 10358.2932 7439 Approx: Sq.Feet: 2767.4 Acres: 0.0635 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT7 9/18/97 11 :49:35 Factor: 1.0000000 Correct End - N: 8436.8938 E: 10362.8653 Calc. End - N: 8436.8924 E: 10362.8639 Error. - N: -0.0014 E: -0.0014 Total: 0.0020 Brg: N 43-32-10.6 E Distance Traversed: 212.7211 Closure: 108040 No Adjustment Bearing Distance North East Elevation Pt.No. 8436.8938 10362.8653 0.00 193 N 82-30-00.0 E 79.0000 8447.2054 10441.1894 7440 S 07-30-00.0 E 20.2600 8427.1187 10443.8339 7441 RAD: 65.0000 LEN: 6.9243 TAN: 3.4654 CEN.ANG: 6-06-13.0 CHORD: 6.9211 MO: 0.0922 EXT: 0.0923 DEGREE: 88-08-50.5 SEG: 0.4 TRI: 224.6 SEC: 225.0 N 82-30-00.0 E 65.0000 8435.6029 10508.2778 7442 PC->RP S 76-23-47.0 W 65.0000 8420.3147 10445.1013 7443 RP->PT S 10-33-06.5 E 6.9211 8420.3147 10445.1013 7443 PC->PT S 82-30-00.0 W 79.3700 8409.9548 10366.4103 7444 N 07-30-00.0 W 27.1700 8436.8924 10362.8639 7445 Approx: Sq.Feet: 2147.4 Acres: 0.0493 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT8 9/18/97 11:54:44 Factor: 1.0000000 Correct End - N: 8383.0252 E: 10369.9572 Calc. End - N: 8383.0327 E: 1.0369.9574 Error - N: 0.0075 E: 0.0002 Total: 0.0075 Brg: S 01-36-19.1 W Distance Traversed: 218.7669 Closure: 29246 No Adjustment Bearing Distance North East Elevation Pt.No. 8383.0252 10369.9572 0.00 198 N 82-30-00.0 E 80.0000 8393.4673 10449.2728 7446 N 54-28-00.0 E 7.5100 .8397.8320 10455.3843 7447 RAD: 65.0000 LEN: 24.8785 TAN: 12.5934 CEN.ANG: 21-55-47.0 CHORD: 24.7269 MO: 1.1866 EXT: 1 .2087 DEGREE: 88-08-50.5 SEG: 19.6 TRI: 789.0 SEC: 808.6 N 54-28-00.0 E 65.0000 8435.6084 10508.2798 7448 PC->RP S 76-23-47.0 W 65.0000 8420.3202 10445.1033 7449 RP->PT N 24-34-06.5 W 24.7269 8420.3202 10445.1033 7449 PC->PT 5 ,82-30-00.0 W 79.3700 8409.9604 10366.4124 7450 S 07-30-00.0 E 27.1600 8383.0327. 10369.9574 7451 Approx: Sq.Feet: 2236.4 Acres: 0.0513 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOTS 9/18/97 11:55:04 Factor: 1.0000000 Correct End - N: 8383.0252 E: 10369.9572 Calc. End - N: 8383.0272 E: 1.0369.9631 Error - N: 0.0020 E: 0.0058 Total: 0.0062 Brg: S 71-28-52.1 W Distance Traversed: 263.6265 Closure: 42757 No Adjustment Bearing Distance North East Elevation Pt.No. 8383.0252 10369.9572 0.00 198. N 82-30-00.0 E 80.0000 8393.4673 10449.2728 7452 N 54-28-00.0 E 7.5100 8397.8320 10455.3843 7453 RAD: 65.0000 LEN: 15.6241 TAN: 7.8499 CEN.ANG: 13-46-20.0 CHORD: 15.5865 MO: 0.4689 EXT: 0.4723 DEGREE: 88-08-50.5 SEG: 4.9 TRI: 502.9 SEC: 507.8 N 54-28-00.0 E 65.0000 8435.6084 10508.2798 7454 PC->RP S 40-41-40.0 W 65.0000 8386.3256 10465.8982 7455 RP->PT S 42-25-10.0 E 15.5865 8386.3256 10465.8982 7455 PC->PT S 49-10-00.0 W 95.6200 8323.8034 10393.5507 7456 N 30-00-00.0 W 40.9100 8359.2325 10373.0957 7457 N 07-30-00.0 W 24.0000 8383.0272 10369.9631 7458 Approx: Sq.Feet: 3490.8 Acres: 0.0801 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT10 9/18/97 11:06:42 Factor: 1.0000000 Correct End - N: 8323.8002 E: 10393.5456 Cal.c. End - N: 8323.7943 E: 10393.5417 Error - N: -0.0058 E: -0.0039 Total: 0.0070 Brg: N 33-45-59.9 E Distance Traversed: 251.03.87 Closure: 35717 No Adjustment Bearing Distance North East Elevation Pt.No. 8323.8002 10393.5456 0.00 202 N 49-10-00.0 E 95.6200. 8386.3224 10465.8931 7119 RAD: 65.0000 LEN: 14.6598 TAN: 7.3611 CEN.ANG: 12-55-20.0 CHORD: 14.6287 MO: 0.4128 EXT: 0.4155 DEGREE: 88-08-50.5 SEG: 4.0 TRI: 472.4 SEC: 476.4 N 40-41=40.0 E . 65.0000 8435.6052 10508.2747 7120 PC->RP S 27-46-20.0 W 65.0000 8378.0927 10477.9875 7121 RP->PT S 55-46-00.0 E 14.6287 8378.0927 10477.9875 7121 PC->PT S 19-45-00.0 W . 79.6400 8303.1375 10451.0758 7122 N 70-15-00.0 W 61.1300 8323.7943 10393.5417 7123 App�rox: Sq.Feet: 3106.1 Acres: 0.0713 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT11 9/18/97 1.1:07:12 Factor: 1.0000000 Correct End - N: 8293.9633 E: 10476.6482 Calc. End - N: 8293.9600 E: 10476.6458 Error - N: -0.0033 E: -0.0025 Total: 0.0041 Brg: N 37-01-09.3 E Distance Traversed: 213.0035 Closure: 52007 No Adjustment Bearing Distance North East Elevation Pt.No. 8293.9633 10476.6482 0.00 208 N 19-45-00.0 E 79.0000 8368.3162 10503.3437 7124 N 70-15-00.0 W 18.1000 8374.4325 10486.3084 7125 RAD: 65.0000 LEN: 9.1009 TAN: 4.5579 CEN.ANG: 8-01-20.0 CHORD: 9.0935 MO: 0.1592 EXT: 0.1596 DEGREE: 88-08-50.5 SEG: 1.0 TRI: 294.8 SEC: 295.8 N 19-45-00.0 E 65.0000 8435.6089 10508.2730 7126 PC->RP S 27-46-20.0 W 65.0000 8378.0965 10477.9857 7127 RP->PT N 66-14-20.0 W 9.0935 8378.0965 10477.9857 7127 PC->PT S 19-45-00.0 W 79.6400 8303.1412 10451.0740 7128 S 70-15-00.0 E 27.1700 8293.9600 10476.6458 7129 Approx: Sq.Feet: 21.48.6 Acres: 0.0493 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT12 9/18/97 11:29:59 Factor: 1.0000000 Correct End - N: 8293.9633 E: 10476.6482 Cal.c. End - N: 8293.9633 E: 10476.6482 Error. - N: 0.0000 E: 0.0000 Total: 0.0000 Brg: N 90-00-00.0 E Distance Traversed: 212.3400 C]osure: 9999999999 No Adjustment Bearing Distance North East Elevation Pt.No. 8293.9633 10476.6482 0.00 208 N 19-45-00.0 E 79.0000 8368.3162 10503.3437 7130 N 70-15-00.0 W 27.1700 8377.4974 10477.7719 7131 S119-45-00.0 W 79.0000 8303.1445 10451.0765 7132 S 70-15-00.0 E 27.1700 8293.9633 10476.6482 7133 Approx: Sq.Feet: 2146.4 Acres: 0.0493 Prepared by: DODDS ENGINEERS, INC. fCGP001771 Map-Check LOT13 9/18/97 11 :30:17 Factor: 1.0000000 Correct End - N: 8284.7832 E: 10502.2169 Calc. End - N: 8284.7809 E: 10502.2240 Error. - N: -0.0023 E: 0.0071 Total: 0.0074 Brg: N 71-57-08.2 W Distance Traversed: 223.1683 Closure: 30074 No Adjustment Bearing Distance North East Elevation Pt.No. 8284.7832 10502.2169 0.00 209 N 19-45-00.0 E 79.0000 8359.1361 10528.9123 7134 S 70-15-00.0 E 20.5000 8352.2088 10548.2064 7135 RAD: 75.0000 LEN: 7.9951 TAN: 4.0013 CEN.ANG: 6-06-28.0 CHORD: 7.9913 MO: 0.1065 EXT: 0.1067 DEGREE: 76-23-39.7 SEG: 0.6 TRI: 299.2 SEC: 299.8 S 19-45-00.0 W 75.0000 8281.6206 10522.8627 7136 PC->RP N 25-51-28.0 E 75.0000 8349.1116 10555.5731 7137 RP->PT S 67-11-46.0 E 7.9913 8349.1116 10555.5731 7137 PC->PT S 10-15-00.0 E 11.5800 8337.7164 10557.6337 7138 RAD: 66.0000 LEN: 7.4510 TAN: 3.7295 CEN.ANG: 6-28-06.0 CHORD: 7.4470 MO: 0.1051 EXT: 0.1053 DEGREE: 86-48-42.4 SEG: 0.5 TRI: 245.4 SEC: 245.9 S 31-47-29.0 W 66.0000 8281.6182 10522.8630 7139 PC->RP N 38-15-35.0 E 66.0000 8333.4422 10563.7320 7140 RP->PT S 54-58-28.0 E 7.4470 8333.4422 10563.7320 7140 PC->PT S 19-45-00.0 W 44.6000 8291.4658 10548.6609 7141 S 58-15-00.0 W 28.0900 8276.6844 10524.7745 ' 7142 N 70-15-00.0 W 23.9600 8284.7809 10502.2240 7143 Approx: Sq.Feet: 2968.4 Acres: 0.0681 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT14 9/18/97 11:30:33 Factor: 1.0000000 Correct End - N: 8291 .4691 E: 10548.6618 Calc. End - N: 8291.4690 E: 10548.6635 Error - N: -0.0001 E: 0.0017 Total: 0.0017 Brg: N 88-00-00.2 W Distance Traversed: 218.3785 Closure: 126022 No Adjustment Bearing Distance North East Elevation Pt.No. 8291.4691 10548.6618 0.00 2.78 S 58-15-00.0 W 25.0000 8278.3138 10527.4030 7144 S 31-45-00.0 E 78.7000 8211.3910 10568.8160 7145 N 49-40-00.0 E 16.2100 8221.8827 10581.1727 7146 RAD: 49.0000 LEN: 6.9985 TAN: 3.5052 CEN.ANG: 8-11-00.0 CHORD: 6.9925 MO: 0.1249 EXT: 0.1252 DEGREE: 116-55-48.6 SEG: 0.6 TRI: 170.9 SEC: 171.5 N 40-20-00.0 W 49.0000 8259.2350 10549.4583 7147 PC->RP S 48-31-00.0 E 49.0000 8226.7773 10586.1666 7148 RP->PT N 45-34-30.0 E 6.9925 8226.7773 10586.1666 7148 PC->PT N 48-31-00.0 W 4.0000 8229.4269 10583.1700 7149 RAD: 45.0000 LEN: 24.9233 TAN: 12.7903 CEN.ANG: 31-44-00.0 CHORD: 24.6060 MO: 1.7145 EXT: 1.7824 DEGREE: 127-19-26.2 SEG: 28.2 TRI: 532.5 SEC: 560.8 N 48-31-00.0 W 45.0000 8259.2350 10549.4583 7150 PC->RP S 80-15-00.0 E 45.0000 8251.6143 10593.8083 7151 RP->PT N 25-37-00.0 E 24.6060 8251.6143 10593.8083 7151 PC->PT N 09-45-00.0 E 3.9300 8255.4875 10594.4739 ' 7152 N 35-15-00.0 W 12.9400 8266.0548 10587.0056 7153 N 56-27-45.0 W 46.0000 8291.4690. 10548.6635 7154 Approx: Sq.Feet: 2740.4 Acres: 0.0629 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT15 9/18/97 11:30:56 Factor: 1.0000000 Correct End - N: 8278.3138 E: 10527.4030 Calc.. End - N: 8278.3126 E: 10527.4094 Error - N: -0.0012 E: 0.0063 Total: 0.0064 Brg: N 79-26-42.2 W Distance Traversed: 219.8860 Closure: 34196 Nol Adjustment Bearing Distance North East Elevation Pt.No. 8278.3138 10527.4030 0.00 215 S 31-45-00.0 E 78.7000 8211.3911 10568.8161 7155 S 49-40-00.0 W 1.1.6100 8203.8767 10559.9659 7156 RAD: 46.0000 LEN: 16.6772 TAN: 8.4312 CEN.ANG: 20-46-21.0 CHORD: 16.5860 MO: 0.7537 EXT: 0.7663 DEGREE: 124-33-21.8 SEG: 8.3 TRI: 375.2 SEC: 383.6 S 40-20-00.0 E 46.0000 8168.8113 10589.7386 7157 PC->RP N 61-06-21.0 W 46.0000 8191 .0382 . 10549.4650 7158 RP->PT S 39-16-49.5 W 16.5860 8191.0382 10549.4650 7158 PC->PT N 31-45-00.0 W 85.8200 8264.0154 10504.3053 7159 N 58-15-00.0 E 27.1700 8278.3126 10527.4094 7160 Approx: Sq.Feet: 2208.8 Acres: 0.0507 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT16 9/18/97 11:31:19 Factor: 1.0000000 Correct End - N: 8249.7228 E: 10481.2005 Cale. End - N: 8249.7163 E: 10481.2031 Error - N: -0.0065 E: 0.0026 Total: 0.0070 Brg: N 21-31-01.2 W Distance Traversed: 235.3356 Closure: 33602 No Adjustment Bearing Distance North East Elevation Pt.No. 8249.7228 10481.2005 0.00 221. S 31-45-00.0 E 91.3300 8172.0601 10529.2596 7161 N 72-45-00.0 E 15.8900 8176.7722 10544.4349 7162 RAD: 46.0000 LEN: 15.194Fi TAN: 7.6672 CEN.ANG: 18-55-33.0 CHORD: 15.1256 MO: 0.6260 EXT: 0.6346 DEGREE: 124-33-21.8 SEG: 6.3 TRI: 343.2 SEC: 349.5 S 80-01-54.0 E 46.0000 8168.8094 .10589.7405 7163 PC->RP N 61-06-21.0 W 46.0000 8191.0363 10549.4668 7164 RP->PT N 19-25-52.5 E . 15.1256 8191.0363 10549.4668 7164 PC->PT N 31-45-00.0 W 85.8200 8264.0135 10504.3071 7165 S 58-15-00.0 W 27.1700 8249.7163 10481.2031 7166 Approx: Sq.Feet: 2496.4 Acres: 0.0573 Prepared by: DODDS ENGINEERS, INC. ##CGP001771 Map-Check LOT17 9/18/97 11:31:38 Factor: 1.0000000 Correct End - N: 8249.7228 E: 10481.2005 Calc. End - N: 8249.7181 E: 10481.2055 Error - N: -0.0048 E: 0.0050 Total: 0.0069 Brg: N 46-18-42.3 W Distance Traversed: 264.7780 Closure: 38422 No, Adjustment Bearing Distance North East Elevation Pt.No. 8249.7228 10481.2005 0.00 221 S 31-45-00.0 E 91.3300 8172.0601 10529.2596 7167 S 72-45-00.0 W 17.3500 8166.9151 10512.6900 7168 RAD: 45.0000 LEN: 3.6290 TAN: 1.8155 CEN.ANG: 4-37-14.0 CHORD: 3.6280 MO: 0.0366 EXT: 0.0366 DEGREE: 127=19-26.2 SEG: 0.1. TRI: 81.6 SEC: 81.7 S 17-15-00.0 E 45.0000 8123.9392 10526.0344 7169 PC->RP N 21-52-14.0 W 45.0000 8165.7005 10509.2714 7170 RP->PT S 70-26-23.0 W 3.6280 8165.7005 10509.2714 7170 PC->PT N 55-30-00.0 W 94.1900 8219.0503 10431.6470 7171 N 58-15-00.0 E 58.2800 8249.7181 10481.2055 7172 Approx: Sq.Fee.t: 3439.7 Acres: 0.0790 Prepared by: DODDS ENGINEERS, INC. ##CGP001771 Map-Check L0T18 9/18/97 11:31:54 Factor: 1.0000000 Correct End - N: 8219.0532 E: 10431.6389 Calc.. End - N: 8219.0500 E: 10431.6355 Error - N: -0.0031 E: -0.0034 Total: 0.0046 Brg: N 47-19-38.3 E Distance Traversed: 249.4313 Closure: 53693 No Adjustment Bearing Distance North East Elevation Pt.No. 8219.0532 10431.6389 0.00 213 S 55-30-00.0 E 94.1900 8165.7034 10509.2634 7173 RAD: 45.0000 LEN: 29.9405 TAN: 15.5481 CEN.ANG: 38-07-17.0 CHORD: 29.3913 MO: 2.4672 EXT: 2.6103 DEGREE: 127-19-26.2 SEG: 48.6 TRI: 625.0 SEC: 673.7 S 21-52-14.0 E 45.0000 8123.9421 10526.0263 7174 PC->RP N 59-59-31.0 W 45.0000 8146.4476 10487.0584 7175 RP->PT S 49-04-07.5 W 29.3913 8146.4476 10487.0584 7175 PC->PT N 69-20-00.0 W 77.4800 8173.7926 10414.5642 7176 N 20-40-00.0 E 48.3700 8219.0500 10431.6355 7177 Approx: Sq.Feet: 3165.1 Acres: 0.0727 / 1 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT19 9/18/97 11:32:17 Factor: '1.0000000 Correct End - N: 8148.3728 E: 10404.9780 Cale. End - N: 8148.3728 E: 10404.9830 Error - N: -0.0001 E: 0.0050 Total: 0.0050 Brg: N 89-09-10.3 W Distance Traversed: 210.2447 Closure: 41897 No Adjustment Bearing Distance North East Elevation Pt.No. 8148.3728 10404.9780 0.00 237 S 69-20-00.0 E 78.3600: 8120.7172 10478.2955 7178 N 16-00-00.0 E 16.2600 8136.3473 10482.7774 7179 RAD: 45.0000 LEN: 11.0021 TAN: 5.5286 CEN.ANG: 14-00-30.0 CHORD: 10.9747 MO: 0.3358 EXT: 0.3383 DEGREE: 127-19-26.2 SEG: 2.5 TRI: 245.1. SEC: 247.5 S 74-00-00.0 E 45.0000 8123.9436 10526.0342 7180 PC=>RP N 59-59-30.0 W 45.0000 8146.4493 10487.0663 7181 RP->PT N 23-00-15.0 E 10.9747 8146.4493 10487.0663 7181 PC->PT N 69-20-00.0 W 77.4800 8173.7944 10414.5722 7182 S 20-40-00.0 W 27.1700 8148.3728 10404.9830 7183 Approx: Sq.Feet: 2103.8 Acres: 0.0483 it Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT20 9/18/97 11:32:57 Factor: 1.0000000 Correct End - N: 8148.3728 E: 10404.9780 Calc.. End - N: 8148.3704. E: 10404.9855 ErrIor - N: -0.0024 E: 0.0075 Total: 0.0078 Brg: N 72-02-09.1 W Distance Traversed: 213.3600 Closure: 27193 No Adjustment Bearing Distance North East Elevation Pt.No. 8148.3728 10404.9780 0.00 237 S 69-20-00.0 E 78.3600 8120.7172 10478.2955 7189 S 16-00-00.0 W 27.2600 8094.5132 10470.7816 7190 N 69-20-00.0 W 80.5700 8122.9488 10395.3964 7191 N 20-40-00.0 E 27.1700 8148.3704 10404.9855 7192 Approx: Sq.Feet: 2158.9 Acres: 0.0496 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT21 9/18/97 11:33:19 Factor: 1.0000000 Correct End - N: 8122.9543 E: 10395.3901 Cale.. End - N: 8122.9524 E: 10395.3898 Error - N: -0.0019 E: -0.0002 Total: 0.0019 Brg: N 06-51-21.8 E Distance Traversed: 241.4614 Closure: 127315 No Adjustment Bearing Distance North East Elevation Pt.No. 8122.9543 10395.3901 0.00 238 S 69-20-00.0 .E 80.5700 8094.5187 10470.7753 7193 S 1[6-00-00.0 W 7.3400 8087.4631 10468.7522 7194 RAD: 25.0000 LEN: 33.1084 TAN: 19.4896 CEN.ANG: 75-52-44.0 CHORD: 30.7414 MO: 5.2835 EXT: 6.6993 DEGREE: 229-10-59.2 SEG: 110.8 TRI: 303.1 SEC: 413.9 N 74-00-00.0 W 25.0000 8094.3540 10444.7206 7195 PC->RP S 01-52-44.0 W 25.0000 8069.3674 10443.9009 7196 RP->PT S 53-56-22.0 W 30.7414 8069.3674 10443.9009 7196 PC->PT N 88-07-15.0 W 67.9200 8071.5946 10376.0175 7197 N 20-40-00.0 E 54.8900 8122.9524 10395.3898 7198 Approx: Sq.Feet: 3275.1 Acres: 0.0752 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T22 9/18/97 11:33:35 Factor: 1.0000000 Correct End - N: 8039.0656 E: 10513.4945 Calc. End - N: 8039.0699 E: 10513.4993 Error - N: 0.0043 E: 0.0048 Total: 0.0064 Brg: S 47759-05.5 W Distance Traversed: 310.8509 Closure: 48227 No; Adjustment Bearing Distance North East Elevation Pt.No. 8039.0656 10513.4945 0.00 243 N 22-10-00.0 E 108.3400 8139.3982 10554.3714 7199 RAD: 46.0000 LEN: 19.1047 TAN: 9.6921 CEN.ANG: 23-47-46.0 CHORD: 18.9677 MO: 0.9883 EXT: 1.0100 DEGREE: 124-33-21.8 SEG: 12.5 TRI: 426.9 SEC: 439.4 N 50-14-56.0 E 46.0000 8168.8131 10589.7376 7200 PC->RP S 74-02-42.0 W 46.0000 8156.1685 10545.5096 7201 RP->PT N 27-51-11.0 W 18.9677 8156.1685 10545.5096 7201 PC->PT S 72-45-00.0 W 28.1600 8147.8179 10518.6162 7202 RAD: 25.0000 LEN: 24.7619 TAN: 13.5034 CEN.ANG: 56-45-00.0 CHORD: 23.7620 MO: 3.0036 .EXT: 3.4137 DEGREE: 229-10-59.2 SEG: 48.2 TRI: 261.3 SEC: 309.5 S 17-1.5-00.0 E 25.0000 8123.9424 10526.0298 7203 PC->RP N 74-00-00.0 W 25.0000 8130.8333 10501.9982 7204 RP->PT S 44-22-30.0 W 23.7620 8130.8333 10501.9982 7204 PC->PT S 16-00-00.0 W 50.8500 8081.9531 10487.9821 7205 RAD: 45.0000 LEN: 29.8451 TAN: 15.4947 CEN.ANG: 38-00-00.0 - CHORD: 29.3011 MO: 2.4517 EXT: 2.5929 DEGREE: 127-19-26.2 • SEG: 48.2 TRI: 623.4 SEC: 671.5 N 74-00-00.0 W 45.0000 8094.3568 10444.7253 7206 PC->RP S 316-00-00.0 E 45.0000 8057.9511 10471.1756 7207 RP->PT S 35-00-00.0 W 29.3011 8057.9511 10471.1756 7207 PC->PT S36-00-00.0 E 22.1500 8040.0313 10484.1951 7208 S 88-07-15.0 E 29.3200 8039.0699 10513.4993 7209 Approx: Sq.Feet: 4922.7 Acres: 0.1130 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T23 9/18/97 11:35:09 Factor: 1.0000000 Correct End - N: 8039.0656 E: 10513.4945 Cal.c. End - N: 8039.0687 E: 10513.4994 Error - N: 0.0032 E: 0.0048 Total: 0.0058 Brg: S 56-50-00.0 W Distance Traversed: 258.1483 Closure: 44643 NojAdjustment Bearing Distance North East Elevation Pt.No. 8039.0656 10513.4945 0.00 243 N 22-10-00.0 E 108.3400 8139.3982 10554.3714 7221 RAD: 46.0000 . LEN: 28.0719 TAN: 14.4884 CEN.ANG: 34-57-55.0 CHORD: 27.6383 MO: 2.1248 EXT: 2.2277 DEGREE: 124-33-21.8 SEG: 39.3 TRI: 606.3 SEC: 645.7 N 50-14-56.0 E 46.0000 8168.8131 10589.7376 7222 PC->RP S 15-1.7-01.0 W 46.0000 8124.4400 10577.6121 7223 RP->PT 1 S 57-14-01.5 E 27.6383 8124.4400 10577.6121 7223 PC->PT S 22-10-00.0 W 93.2100 8038.1191 10542.4438 7224 N 88-07-15.0 W 28.9600 8039.0687 10513.4994 7225 Approa: Sq.Feet: 2698.3 Acres: 0.0619 Pr pared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T24 9/18/97 11:34:16 Factor: 1.0000000 Correct End - N: 8036.4795 E: 10592.3211 Calc. End - N: 8036.4809 E: 10592.3153 Error - N: 0.0014 E: -0.0058 Total: 0.0060 Brg: S 76-13-26.0 E Distance Traversed: 254.9809 Closure: 42735 No Adjustment Bearing Distance , North East Elevation Pt.No. 8036.4795 10592.3211 0.00 288 N 07-00-00.0 E 86.4900 8122.3248 10602.8616 7215 N 88-00-00.0 W 14.7400 8122.8392 10588.1305 7216 RAD: 46.0000 LEN: 10.6648 TAN: 5.3564 CEN.ANG: 13-17-01.0 CHORD: 10.6409 MO: 0.3087 EXT: 0.3108 DEGREE: 124-33-21.8 SEG: 2.2 TRI: 243.1 SEC: 245.3 N 02-00-00.0 E 46.0000 8168.8112 10589.7359 7217 PC->RP S 15-17-01.0 W 46.0000 8124.4381 10577.6105 7218 RP->PT N 81-21-29.5 W 10.6409 8124.4381 10577.6105 7218 PC->PT S 22-10-00.0 W 93.2100 8038.1172 10542.4421 7219 S 88-07-15.0 E 49.9000 8036.4809 10592.3153 7220 Approx: Sq.Feet: 3265.3 Acres: 0.0750 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T25 9/18/97 11:35:43 Factor: 1.0000000 Correct End - N: 8036.4795 E: 10592.3211 Calc. End - N: 8036.4801 E: 10592.3226 Error - N: 0.0006 E: 0.0015 Total: 0.0016 Brg: S 69-06-38.8 W Distance Traversed: 251.2101 Closure: 156447 No' Adjustment Bearing Distance North East Elevation Pt.No. 8036.4795 10592.3211 0.00 288 N 107-00-00.0 E 86.4900 8122.3248 10602.8616 7226 RAP: 46.0000 LEN: 31 .0672 TAN: 16.1523 CEN.ANG: 38-41-46.0 CHORD: 30.4801 MO: .2.5979 EXT: 2.7534 DEGREE: 124-33-21.8 SEG: 53.1 TRI: 661.5 SEC: 714.5 N 02-00-00.0 E 46.0000 8168.2968 10604.4669 7227 PC-)RP S 36-41-46.0 E 46.0000 81.31.4132 10631.9552 7228 RP->PT N 72-39-07.0 E 30.4801 8131.4132 10631.9552 7228 . PC->PT S 53-10-00.0 E 1.1900 8130.6998 10632.9077 7229 S 01-50-00.0 W 95.5000 8035.2487 10629.8524 7230 N 88-07-15.0 W 37.5500 8036.4801 10592.3226 7231 Approx: Sq.Feet: 3000.2 Acres: 0.0689 i .. i 4 ,# Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT26 9/18/97 11 :36:03 Factor: 1.0000000 Correct End - N: 8035.2483 E: 10629.8493 Calc. End - N: 8035.2490 E: 10629.8425 Error - N: 0.0007 E: -0.0069 Total: 0.0069 Brg: S 84-21-18.2 E Distance Traversed: 233.2331 Closure: 33848 No Adjustment Bearing Distance North East Elevation Pt.No. 8035.2483 10629.8493 0.00 299 N 01-50-00.0 E 95.5000 8130.6994 10632.9046 7232 S 53-10-00.0 E 17.3100 8120.3223 10646.7592 7233 RAD: 70.0000 LEN: 14.8610 TAN: 7.4585 CEN.ANG: 12-09-50.0 CHORD: 14.8331 MO: 0.3940 EXT: 0.3962 DEGREE: 81-51-04.0 SEG: 3.9 TRI: 516.2 SEC: 520.1 N 36-50-00.0 E 70.0000 8176.3490 10688.7235 7234 PC->RP S 24-40-10.0 W 70.0000 8112.7379 10659.5067 7235 RP->PT S 59-14-55.0 E 14.8331 8112.7379 10659.5067 7235 PC->PT S 01-50-00.0 W 78.4200 8034.3580 10656.9979 7236 N 88-07-15.0 W 27.1700 8035.2490 10629.8425 7237 Approx: Sq.Feet: 2344.6 Acres: 0.0538 Prepared by: DODDS ENGINEERS, INC. ##CGP001771 Map-Check L0T28 9/18/97 11:36:55 Factor: 1.0000000 Correct End - N: 8031.6530 E: 10739.4376 Calc.. End - N: 8031 .6573 E: 10739.4422 Error - N: 0.0043 E: 0.0046 Total: 0.0063 Brg: S 47-01-11.9 W Distance Traversed: 293.8900 Closure: 46691 No Adjustment Bearing Distance North East Elevation Pt.No. 8031.6530 10739.4376 0.00 2243 N 8-07-15.0 W 55.3100 8033.4667 10684.1573 7243 N 01-50-00.0 E 92.9600 8126.3791 10687.1313 7244 S 88-10-00.0 E 52.5800 • 8124.6970 10739.6844 7245 S 00-08-57.0 W 93.0400 8031.6573 10739.4422 7246 Approx: Sq.Feet: 5016.1 Acres: 0.1152 I ' Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT29 9/18/97 11 :37:16 Factor: 1.0000000 Correct' End - N: 8174.9468 E: 10739.8106 C1c. End - N: 8174.9440 E: 10739.8087 Error. - N: -0.0029 E: -0.0019 Total : 0.0034 Brg: N 33-20-59.1 E Distance Traversed: 253.8855 Closure: 73694 No Adjustment Bearing Distance North East Elevation Pt.No. 8174.9468 10739.8106 0.00 301 5179-00-00.0 W 92.3700 8157.3218 10649.1377 7247 RAD: 46.0000 LEN: 11.5049 TAN: 5.7826 CEN.ANG: 14-19-48.0 CHORD: 11.4749 MO: 0.3592 EXT: 0.3620 DEGREE: 124-33-21.8 SEG: 2.8 TRI: 261.9 SEC: 264.6 N .76-11-48.0 W 46.0000 8168.2970 10604.4661 7248 PC->RP S 61-52-00.0 E 46.0000 8146.6068 10645.0314 7249 RP->PT S 20-58-06.0 W 11.4749 8146.6068 10645.0314 7249 PC->PT S 53-10-00.0 E 17.1400 8136.3316 10658.7499 7250 RAD: 50.0000 LEN: 30.5433 TAN: 15.7649 CEN.ANG: 35-00-00.0 CHORD: 30.0706 MO: 2.3142 EXT: 2.4265 DEGREE: 114-35-29.6 SEG: 46.6 TRI: .717.0 SEC: 763.6 N 36-50-00.0 E 50.0000 8176.3507 10688.7244 7251 PC->RP S 01-50-00.0 W 50.0000 8126.3763 10687.1248 7252 RP->PT S 70-40-00.0 E 30.0706 8126.3763 10687.1248 7252 PC->PT S :88-10-00.0 E 52.5800 8124.6941 10739.6779 7253 N 0-08-57.0 E 50.2500 8174.9440 10739.8087 7254 Approx: Sq.Feet: 3446.7 Acres: 0.0791 1 I . Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT30 9/18/97 11:37:52 Factor: 1.0000000 Correct End - N: 8174.9468 E: 10739.8106 Calc. End - N: 8174.9463 E: 10739.8117 Error - N: -0.0006 E: 0.001.1 Total: 0.0013 Brg: N 62-52-25.5 W Dilstance Traversed: 241.6196 Closure: 192822 No Adjustment Bearing Distance North East Elevation Pt.No. 8174.9468 10739.8106 0.00 301 S 79-00-00.0 W 92.3700 8157.3218 10649.1377 7261 RAD: 46.0000 LEN: 27.8217 TAN: 14.3510 CEN.ANG: 34-39-13.0 CHORD: 27.3996 MO: .2.0874 EXT: 2.1866 DEGREE: 124-33-21.8 SEG: 38.3 TRI: 601 .6 SEC: 639.9 N 176-11-48.0 W 46.0000 8168.2970 10604.4661 7262 PC->RP N i69-08-59.0 E 46.0000 8184.6696 10647.4538 7263 RP->PT N O3-31-24.5 W 27.3996 8184.6696 10647.4538 7263 PC->PT N 79-00-00.0 E 94.1600 8202.6362 10739.8838 7264 S100-08-57.0 W 27.6900 8174.9463 10739.8117 7265 Approx: Sq.Feet: 2495.4 Acres: 0.0573 • • I . Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T31 9/18/97 11:38:10 Factor: 1.0000000 1 Coirrect, End - N: 8230.3252 E: 10739.9547 Cal1c. End - N: 8230.3271 E: 10739.9610 Error - N: 0.0019 E: 0.0063 Total: 0.0066 Brg: S 73-09-30.9 W Distance Traversed: 261 .9616 Closure: 39780 No Adjustment Bearing Distance North East Elevation Pt.No. 1 8230.3252 10739.9547 0.00 307 5 ;79-00-00.0 W 110.7000 8209.2027 10631.2886 7266 RAD: 74.0000 LEN: 13.0719 TAN: 6.5530 CEN.ANG: 10-07-16.0 CHORD: 13.0549 MO: 0.2884 EXT: 0.2896 DEGREE: 77-25-36.2 SEG: 2.5 TRI: 481.1 SEC: 483.7 N 58-47-18.0 E 74.0000 8247.5495 10694.5777 7267 PC->RP 81148-40-02.0 W 74.0000 8198.6776 10639.0121 7268 RP->PT S136-16-20.0 E 13.0549 8198.6776 10639.0121 7268 PC->PT RAD: 46.0000 LEN: 16.4442 TAN: 8.3108 CEN.ANG: 20-28-56.0 CHORD: 16.3568 MO: 0.7329 EXT: 0.7447 DEGREE: 124-33-21.8 SEG: 8.0 TRI: 370.2 SEC: 378.2 5148-40-02.0 W 46.0000 8168.2978 10604.4714 7269 PC->RP N169-08-58.0 E 46.0000 8184.6706 10647.4589 7270 RP->PT 1 S ' 31-05-30.0 .E 16.3568 8184.6706 10647.4589 7270 PC->PT N179-00-00.0 E 94.1600 8202.6372 10739.8889 7271 N100-08-57.0 E 27.6900 8230.3271 10739.9610 7272 Approx: Sq.Feet: 2767.6 Acres: 0.0635 • j • i . I • Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T32 9/18/97 11:38:32 Factor: 1.0000000 Correct End - N: 8230.3252 E: 10739.9547 Calc. End - N: 8230.3265 E: 40739.9596 Error - N: 0.0013 E: 0.0049 Total: 0.0051 Brg: S 74-52-21.8 W Distance Traversed: 300.5006 Closure: 59102 No Adjustment Bearing Distance North East Elevation Pt.No. 8230.3252 10739.9547 0.00 307 S 79-00-00.0 W 110.7000 8209.2027 10631.2886 7273 RAD: 74.0000 LEN: 33.2393 TAN: 16.9048 CEN.ANG: 25-44-10.0 CHORD: 32.9606 MO: 1.8585 EXT: 1.9063 DEGREE: 77-25-36.2 SEG: 40.9 TRI: 1188.9 SEC: 1229.9 N 58-47-18.0 E 74.0000 8247.5495 10694.5777 7274 PC->RP S 84-31-28.0 W 74.0000 8240.4884 10620.9154 7275 RP->PT N 18-20-37.0 W 32.9606 8240.4884 10620.9154 7275 PC->PT S 85-30-00.0 E 1.8.5000 8239.0369 10639.3584 7276 N 04-30-00.0 E 12.5400 8251.5382 10640.3422 7277 N 87-15-00.0 E 99.8000 8256.3264 10740.0273 7278 S 00-08-57.0 W 26.0000 8230.3265 10739.9596 7279 Approx: Sq.Feet: 3786.6 Acres: 0.0869 Prepared by: DODDS ENGINEERS, INC. #CGP001771. Map-Check L0T33 9/18/97 11:39:14 Factor: 1.0000000 Correct End - N: 8267.0096 E: 10740.0502 Calc.. End - N: 8267.0160 E: 10740.0486 Error - ;N: 0.0064 E: -0.0016 Total: 0.0066 Brg: S 14-08-27.2 E Distance Traversed: 308.4511 Closure: 46727 No Adjustment Bearing Distance North East Elevation Pt.No. 8267.0096 10740.0502 0.00 319 N 71-40-00.0 W 125.6900 8306.5447 10620.7399 7280 RAD: 101 .0000 LEN: 38.4326 TAN: 19.4516 CEN.ANG: 21-48-08.0 CHORD: 38.2011 MO: 1.8225 EXT: 1.8560 DEGREE: 56-43-42.6 SEG: 46.5 TRI: 1894.3 SEC: 1940.8 S 75-42-47.0 W 101.0000 8281.6201 10522.8636 7281 PC->RP S 82-29-05.0 E 101.0000 8268.4103 10622.9960 7282 RP->PT S 03-23-09.0 E 38.2011 8268.4103 10622.9960 7282 PC->PT S 85-30-00.0 E 18.6100 8266.9501 10641.5487 7283 S 04-30-00.0 W 15.4600 8251.5378 1,0640.3357 7284 N 87-15-00.0 E 99.8000 8256.3260 10740.0208 7285 N 00-08-57.0 E 10.6900 8267.01.60 10740.0486 7286 Approx: Sq.Feet: 3547.7 Acres: 0.0814 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT34 9/18/97 11:39:32 Factor: 1.0000000 Correct End - N: 8267.0096 E: 10740.0502 Cal.c. End - N: 8267.0101 E: 10740.0474 Error - N: 0.0005 E: -0.0028 Total: 0.0029 Brg: S 80-09-14.5 E Distance Traversed: 299.2891 Closure: 104367 No Adjustment Bearing Distance North East Elevation Pt.No. 8267.0096 10740.0502 0.00 319 N 71-40-00.0 W 125.6900 8306.5447 10620.7399 7287 RAD: 101.0000 LEN: 1.1801 TAN: 0.5900 CEN.ANG: 0-40-10.0 CHORD: 1.1801 MO: 0.0017 EXT: 0.0017 DEGREE: 56-43-42.6 SEG: 0.0 TRI: 59.6 SEC: 59.6 S 75-42-47.0 W 101.0000 8281.6201 10522.8636 7288 PC->RP N 75-02-37.0 E 101.0000 8307.6866 10620.4420 7289 RP->PT N 14-37-18.0 W 1.1801 8307.6866 10620.4420 7289 PC->PT RAD: 24.0000 LEN: 27.4389 TAN: 15.4390 CEN.ANG: 65-30-20.0 CHORD: 25.9687 MO: 3.8157 EXT: 4.5370 DEGREE: 238-43-56.7 SEG: 67.2 TRI: 262.1 SEC: 329.3 N 75-02-37.0 E 24.0000 8313.8806 10643.6289 7290 PC->RP N 39-27-03.0 W 24.0000 8332.4127 10628.3790 7291 RP->PT N 17-47-47.0 E 25.9687 8332.4127 10628.3790 7291 PC->PT RAD: 61.0000 LEN: 0.3303 TAN: 0.1652 CEN.ANG.: 0-18-37.0 . . CHORD: 0.3303 MO: 0.0002 EXT: 0.0002 DEGREE: 93-55-39.0 SEG: 0.0 TRI: 10.1 SEC: 10.1 N 39-27-03.0 W 61.0000 8379.5150 10589.6186 7292 PC->RP • S 39-45-40.0 E 61.0000 8332.6233 .10628.6335 7293 RP->PT N. 50-23-38.5 E 0.3303 8332.6233 10628.6335 7293 PC->PT S 71-40-00.0 E 117.4500 8295.6800 10740.1220 7294 S 00-08-57.0 W 28.6700 8267.0101 10740.0474 7295 Approx: Sq.Feet: 3389.1 Acres: 0.0778 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T35 9/18/97 11:39:52 Factor: 1.0000000 Correct End - N: 8324.2736 E: 10740.1992 Calc. End - N: 8324.2784 E: 10740.2009 Error - N: 0.0048 E: 0.0017 Total: 0.0051 Brg: S 19-04-33.5 W Distance Traversed: 274.1901 Closure: 54164 No Adjustment Bearing Distance North East Elevation Pt.No. 8324.2736 10740.1992 0.00 323 N 71-40-00.0 W 99.5200 8355.5771 10645.7306 7296 RAD: 61.0000 LEN: 28.8893 TAN: 14.7208 CEN.ANG: 27-08-06.0 CHORD: 28.6201 MO: 1.7023 EXT: 1.7511 DEGREE: 93-55-39.0 • SEG: 32.6 TRI: 848.6 SEC: 881. .1 N 66-53-45.0 W 61.0000 8379.5138 10589.6232 7297 PC->RP S 39-45-39.0 E 61.0000 8332.6218 10628.6379 7298 RP->PT S 36-40-18.0 W 28.6201 8332.6218 10628.6379 7298 PC->PT S 71-40-00.0 E 117.4500 8295.6785 10740.1264 7299 N 00-08-57.0 E 28.6000 8324.2784 10740.2009 7300 Approx: Sq.Feet: 2914.6 Acres: 0.0669 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T36 9/18/97 11:40:12 Factor: 1.0000000 Correct End - N: 8324.2736 E: 10740.1992 Cale. End - N: 8324.2724 E: 10740.1999 Error - N: -0.0012 E: 0.0006 Total: 0.0014 Brg: N 26-35-21.9 W Distance Traversed: 262.0306 Closure: 188434 No Adjustment Bearing Distance North East Elevation Pt.No. 8324.2736 10740.1992 0.00 323 N 71-40-00.0 W 99.5200 8355.5771 10645.7306 7301 RAD: 61.0000 LEN: 24.6786 TAN: 12.5104 CEN.ANG: 23-10-48.0 CHORD: 24.5106 MO: 1.2438 EXT: 1.2697 DEGREE: 93-55-39.0 SEG: 20.4 TRI: 732.3 SEC: 752.7 N 66-53-45.0 W 61.0000 8379.5138 10589.6232 7302 PC->RP N 89-55-27.0 E 61.0000 8379.5945 10650.6232 7303 RP->PT N 11-30-51.0 E 24.5106 8379.5945 10650.6232 7303 PC->PT 5 ',85-20-00.0 E 90.0000 8372.2722 10740.3248 7304 S '00-08-57.0 W 48.0000 8324.2724 10740.1999 7305 Approx: Sq.Feet: 3343.9 Acres: 0.0768 Prepared by: DODDS ENGINEERS, INC. #CGP001771. Map-Check L0T37 9/18/97 11:40:34 Factor: 1.0000000 Correct End - N: 8422.4149 E: 10740.4547 Calc. End - N: 8422.4141 E: 10740.4510 Error - N: -0.0007 E: -0.0036 Total: 0.0037 Brg: N 78-57-19.3 E Distance Traversed: 260.3328 Closure: 70191 No Adjustment Bearing Distance North East Elevation Pt.No. 8422.4149 10740.4547 0.00 327 S 79-00-00.0 W 95.2500 8404.2403 10646.9547 7306 S 11-00-00.0 E 13.3300 8391.1552 10649.4982 7307 RAD: 61.0000 LEN: 11.6304 TAN: 5.8329 CEN.ANG: 10-55-27.0 CHORD: 11.6128 MO: 0.2770 EXT: 0.2782 DEGREE: 93-55-39.0 SEG: 2.1 TRI: 352.6 SEC: 354.7 S 79-00-00.0 W 61.0000 8379.5159 10589.6189 7308 PC->RP N 89-55-27.0 E 61.0000 8379.5966 10650.6189 7309 RP->PT S 05-32-16.5 E 11.6128 8379.5966 10650.6189 7309 PC->PT S 85-20-00.0 E 90.0000 8372.2743 10740.3205 7310 N 00-08-57.0 E 50.1400 8422.4141 10740.4510 7311 Approx: Sq.Feet: 3425.1 Acres: 0.0786 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T38 9/18/97 11:40:52 Factor: 1.0000000 Correct End - N: 8422.4149 E: 10740.4547 Calc.. End - N: 8422.4166 E: 10740.4500 Error - N: 0.0017 E: -0.0047 Total: 0.0050 Brg: S 69-37-23.0 E Distance Traversed: 250.73.00 Closure: 50386 No Adjustment Bearing Distance North East Elevation Pt.No. 8422.4149 10740.4547 0.00 327 S 79-00-00.0 W 95.2500 8404.2403 10646.9547 7312 N 11-00-00.0 W 27.1700 8430.9111 10641.7704 7313 N 79-00-00.0 E 100.6000 8450.1065 10740.5221 7314 S 00-08-57.0 W 27.6900 8422.4166 10740.4500 7315 Approx: Sq.Feet: 2660.6 Acres: 0.0611 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T39 9/18/97 11:41:23 Factor: 1.0000000 Correct End - N: 8450.1040 E: 10740.5268 Cale. End - N: 8450.1052 E: 10740.5308 Error - N: 0.00].2 E: 0.0040 Total: 0.0042 Brg: S 74-03-19.6 W Distance Traversed: 277.2900 Closure: 65855 No Adjustment Bearing Distance North East Elevation Pt.No. 8450.1040 10740.5268 0.00 330 S 79-00-00.0 W 100.6000 8430.9086 10641.7751 7316 N 11-00-00.0 W 34.3300 8464.6079 10635.2246 7317 N 79-00-00.0 E 107.3700 8485.0951 10740.6219 7318 S 00-08-57.0 W 34.9900 8450.1052 10740.5308 7319 Approx: Sq.Feet: 3569.9 Acres: 0.0820 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT40 9/18/97 11:42:02 Factor: 1.0000000 Correct End - N: 8485.0976 E: 10740.6178 Calc. End - N: 8485.0986 E: 10740.6241 Error - N: 0.0010 E: 0.0063 Total: 0.0064 Brg: S 80-59-54.1 W Distance Traversed: 296.3600 Closure: 46511 No Adjustment Bearing Distance North East • Elevation Pt.No. 8485.0976 10740.6178 0.00 331 S 79-00-00.0 W 107.3700 8464.6105 10635.2205 7326 N 11-00-00.0 W 5.2900 8469.8033 10634.2112 7327 N 01-54-00.0 W 40.3200 8510.1011 10632.8743 7328 N 84-40-00.0 E 108.3100 8520.1685 10740.7154 7329 S 00-08-57.0 W 35.0700 8485.0986 10740.6241 7330 Approx: Sq.Feet: 4328.9 Acres: 0.0994 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT41 9/18/97 11:42:19 Factor: 1.0000000 Correct End - N: 8520.1686 E: 10740.7091 Calc. End - N: 8520.1655 E: 10740.7090 Error - N: -0.0031 E: -0.0002 Total: 0.0031 Brg: N 03-05-25.7 E Distance Traversed: 272.3518 Closure: 87472 No Adjustment Bearing Distance North East Elevation Pt.No. 8520.1686 10740.7091 0.00 337 S 84-40-00.0 W 108.3100 8510.1012 10632.8680 7331 N 01-54-00.0 W 22.0300 8532.1191 10632.1376 7332 RAD: 51.0000 LEN: 5.1741 TAN: 2.5893 CEN.ANG: 5-48-46.0 CHORD: 5.1718 MO: 0.0656 EXT: 0.0657 DEGREE: 112-20-40.8 SEG: 0.2 TRI: 131.7 SEC: 131.9 S 88-06-00.0 W 51.0000 8530.4282 10581.1657 7333 PC->RP N 82-17-14.0 E 53..0000 8537.2728 10631.7043 7334 RP->PT N 04-48-23.0 W 5.1718 8537.2728 10631.7043 7334 PC->PT N 84-40-00.0 E 109.5500 8547.4554 10740.7800 7335 S 00-08-57.0 W 27.2900 8520.1655 10740.7090 7336 Approx: Sq.Feet: 2955.6 Acres: 0.0679 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT42 9/18/97 11:42:41 Factor: 1.0000000 Correct End - N: 8580.9465 E: 10740.8673 Cale: End - N: 8580.9521. E: 10740.8746 Error - N: 0.0057 E: 0.0073 Total.: 0.0092 Brg: S 52-16-07.1 W Distance Traversed: 278.6876 Closure: 30154 No Adjustment Bearing Distance North East Elevation Pt.No. 8580.9465 10740.8673 0.00 340. S 84-40-00.0 W 81.4500 8573.3757 10659.7699 7337 • S 56-40-00.0 W 38.7900 8552.0602 10627.3614 7338 RAD: 51.0000 LEN: 15.4668 TAN: 7.7932 CEN.ANG: 17-22-34.0 CHORD: 15.4076 MO: 0.5852 EXT: 0.5920 DEGREE: 112-20-40.8 SEG: 6.0 TRI: 388.4 SEC: 394.4 5, 64-54-41.0 W 51.0000 8530.4353 10581.1731 7339 PC->RP N 82-17-15.0 E 51.0000 8537.2796 10631.7117 7340 RP->PT S 16-24-02.0 E 15.4076 8537.2796 10631.7117 7340 PC->PT N 84-40-00.0 E 109.5500 8547.4622 10740.7874 7341 N 00-08-57.0 E 33.4900 8580.9521 10740.8746 7342 Approx: Sq.Feet: 3463.2 Acres: 0.0795 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT43 9/18/97 11:43:02 Factor: . 1.0000000 Correct End - N: 8580.9465 E: 10740.8673 Calc. End - N: 8580.9533 E: 10740.8752 Error - N: 0.0068 E: 0.0079 Total: 0.0104 Brg: S 49-02-23.5 W Distance Traversed: 376.0123 Closure: 36050 No Adjustment Bearing Distance North East Elevation Pt.No. 8580.9465 10740.8673 0.00 340 S 84-40-00.0 W 81.4500 8573.3757 10659.7699 7343 S 56-40-00.0 W 38.7900 8552.0602 10627.3614 7344 RAD: 51.0000 LEN: 17.2747 TAN: 8.7209 CEN.ANG: 19-24-26.0 CHORD: 17.1923 MO: 0.7297 EXT: 0.7403 DEGREE: 112-20-40.8 SEG: 8.4 TRI: 432.1 SEC: 440.5 S 64-54-41.0 W 51.0000 8530.4353 10581.1731 7345 PC->RP N 45-30-15.0 E 51.0000 8566.1790 10617.5514 7346 RP-)PT N 34-47-32.0 W 17.1923 8566.1790 10617.5514 7346 PC-)PT N, 49-00-00.0 E 144.5300 8660.9992 10726.6296 7347 S 88-11-32.0 E 14.4600 8660.5430 10741.0824 7348 S 00-08-57.0 W 79.5900 8580.9533 10740.8752 7349 Approx: Sq.Feet: 5809.5 Acres: 0.1334 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T44 9/18/97 11:43:22 Factor: 1.0000000 Correct End - N: 8663.1929 E: 10656.9645 Calc. End - N: 8663.1926 E: 10656.9698 Error. - N: -0.0003 E: 0.0053 Total: 0.0053 Brg: .N 86-59-01.8 W Distance Traversed: 329.1331 Closure: 62036 No Adjustment Bearing Distance North East Elevation Pt.No. 8663.1929 10656.9645 0.00 346 S 29-10-00.0 W 101.8900 8574.2219 10607.3082 7350 RAD: 51.0000 LEN: 13.0588 TAN: 6.5653 CEN.ANG: 14-40-15.0 CHORD: 13.0231 MO: .0.4174 EXT: 0.4208 DEGREE: 112-20-40.8 SEG: 3.6 TRI: 329.4 SEC: 333.0 S 30-50-00.0 W 51.0000 8530.4302 10581.1685 7351 PC->RP N 45-30-15.0 E 51.0000 8566.1739 10617.5469 7352 RP->PT S 51-49-52.5 E 13.0231 8566.1739 10617.5469 7352 PC->PT N 49-00-00.0 E 144.5300 8660.9941 10726.6251 7353 N 88-11-32.0 W 69.6900 8663.1926 10656.9698 7354 Approx: Sq.Feet: 4074.2 Acres: 0.0935 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T45 9/18/97 11:43:38 Factor: 1.0000000 Correct End - N: 8663.1929 E: 10656.9645 Calc.. End - N: 8663.1904 E: 10656.9583 Error - N: -0.0025 E: -0.0062 Total: 0.0067 Brg:. N 68-12-17.5 E Distance Traversed: 262.8550 Closure: 39473 No Adjustment Bearing Distance North East Elevation Pt.No. 8663.1929 10656.9645 0.00 346 S 29-10-00.0 W 101.8900 8574.2219 10607.3082 7355 RAD: 51 .0000 LEN: 15.0091 TAN: 7.5592 CEN.ANG: 16-51-43.0 CHORD: 14.9550 MO: 0.5511 EXT: 0.5572 DEGREE: 112-20-40.8 SEG: 5.5 TRI: 377.2 SEC: 382.7 S 30-50-00.0 W 51.0000 8530.4302 10581.1685 7356 PC->RP N 13-58-17.0 E 51 .0000 8579.9214 10593.4819 7357 RP->PT N 67-35-51.5 W 14.9550 8579.9214 10593.4819 7357 PC->PT N 01-50-00.0 E 85.2300 8665.1078 10596.2086 7358 S 88-11-32.0 E 60.7800 8663.1904. 10656.9583 7359 Approx: Sq.Feet: 3341 .4 Acres: 0.0767 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T46 9/18/97 11:44:00 Factor: 1.0000000 Correct End - N: 8665.9676 E: 10569.0571 Calc. End - N: 8665.9655 E: 10569.0507 Error - N: -0.0021 E: -0.0064 Total: 0.0067 Brg: N 71-59-18.1 E Distance Traversed: 223.7041 C3osure: 33233 No Adjustment Bearing Distance North East Elevation Pt.No. 8665.9676 10569.0571 0.00 349 S 01-50-00.0 W 84.0800 8581.9306 10566.3672 7360 S 88-10-00.0 E 16.4400 8581.4047 10582.7988 7361 RAD: 51.0000 LEN: 10.8043 TAN: 5.4224 CEN.ANG: 12-08-17.0 CHORD: 10.7841 MO: 0.2858 EXT: 0.2875 DEGREE: 112-20-40.8 SEG: 2.1 TRI: 273.5 SEC: 275.5 S 01-50-00.0 W 51.0000 8530.4308 10581.1672 7362 PC->RP N 13-58-17.0 E 51.0000 8579.9220 10593.4805 7363 RP->PT S 82-05-51.5 E 10.7841. 8579.9220 10593.4805 7363 PC->PT N 01-50-00.0 E 85.2300 8665.1084 10596.2072 7364 N 88-11-32.0 W 27.1700 8665.9655 10569.0507 7365 Approx: Sq.Feet: 2288.1 Acres: 0.0525 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T47 9/18/97 11:44:21 Factor: 1.0000000 • Correct End - N: 8666.8246 E: 10541.9039 Calc. End - N: 8666.8225 E: 10541.9039 Error - N: -0.0021 E: -0.0001 Total: 0.0021 Brg: N 01-45-36.9 E Distance Traversed: 222.4900 Closure: 105018 No Adjustment Bearing Distance North East Elevation Pt.No. 8666.8246 10541.9039 0.00 352 S 01-50-00.0 W 84.0700 8582.7977 10539.2144 7366 S 88-10-00.0 E 27.1700 8581.9284 10566.3704 7367 N 01-50-00.0 E 84.0800 8665.9654 10569.0604 7368 N 88-11-32.0 W 27.1700 8666.8225 10541.9039 7369 Approx: Sq.Feet: 2284.3 Acres: 0.0524 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT48 9/18/97 11:44:38 Factor: 1.0000000 Correct End - N: 8667.8368 E: 10509.8366 Ca].c. End - N: 8667.8421 E: 10509.8441 Error - N: 0.0053 E: 0.0074 Total: 0.0091 Brg: S 54-27-51.8 W Distance Traversed: 229.6603 Closure: 25120 No Adjustment Bearing Distance North East Elevation Pt.No. 8667.8368 10509.8366 0.00 353 S 01-50-00.0 W 81.0400 8586.8383 10507.2440 7370 RAD: 24.0000 LEN: 12.1496 TAN: 6.2079, CEN.ANG: 29-00-18.0 CHORD: 12.0203 MO: 0.7647 EXT: 0.7899 DEGREE: 238-43-56.7 SEG: 6.1 TRI: 139.6 SEC: 145.8 N 30-50-18.0 E 24.0000 8607.4451 10519.5468 7371 PC->RP S 01-50-00.0 W 24.0000 8583.4574 10518.7790 7372 RP->PT S 73-39-51.0 E 12.0203 8583.4574 10518.7790 7372 . PC->PT S 88-10-00.0 E 20.4500 8582.8031 10539.2185 7373 N 01-50-00.0 E 84.0700 8666.8301 10541.9081 7374 N 88-11-32.0 W 32.0800 8667.8421 10509.8441 7375 Approx: Sq.Feet: 2686.0 Acres: 0.0617 Prepared by: DODDS ENGINEERS, INC. #CGPOO1771 Map-Check L0T49 9/18/97 1.1:44:58 Factor: 1.0000000 Correct End - N: 8556.0292 E: 10562.9568 Cale.. End - N: 8556.0338 E: 10562.9542 Error - N: 0.0047 E: -0.0026 Total: 0.0054 Brg: S 29-23-19.4 E Distance Traversed: 242.5331 Closure: 45253 No Adjustment Bearing Distance North East Elevation Pt.No. 8556.0292 10562.9568 0.00 359 S 88-10-00.0 E 19.0200 8555.4207 10581.9671 7376 RAD: 25.0000 LEN: 22.8056 TAN: 12.2654 CEN.ANG: 52-16-00.0 CHORD: 22.0231 MO: 2.5557 EXT: 2.8467 DEGREE: 229-10-59.2 SEG: 37.9 TRI: 247.1 SEC: 285.1 S 01-50-00.0 W 25.0000 8530.4335 10581.1673 7377 PC->RP N 54-06-00.0 E 25.0000 8545.0928 10601.4383 7378 RP->PT S 62-02-00.0 E 22.0231 8545.0928 10601.4183 7378 PC->PT S 43-06-00.0 W 6.6800 8540.2153 10596.8541 7379 S 01-54-00.0 E 54.0000 8486.2450 10598.6444 7380 S 41-11-22.0 E 14.2100 8475.5515 10608.0024 7381 N 88-10-00.0 W 47.6000 8477.0743 10560.4268 7382 N 01.-50-00.0 E 79.0000 8556.0338 10562.9542 7383 Approx: Sq.Feet: 2894.0 Acres: 0.0664 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT50 9/18/97 11:46:30 Factor: 1.0000000 Correct End - N: 8556.8983 E: 10535.8040 Cale. End - N: 8556.8983 E: 10535.8040 Error - N: 0.0000 E: 0.0000 Total: 0.0000 Brg: N 90-00-00.0 E Distance Traversed: 2:12.3400 Closure: 9999999999 No Adjustment Bearing Distance North East Elevation Pt.No. 8556.8983 10535.8040 0.00 362 S 88-10-00.0 E 27.1700 8556.0291 10562.9601 7389 S 01-50-00.0 W 79.0000 8477.0695 10560.4327 7390 N 88-10-00.0 W 27.1700 8477.9387 10533.2766 7391 N 01-50-00.0 E 79.0000 8556.8983 10535.8040 7392 Approx: Sq.Feet: 2146.4 Acres: 0.0493 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT51 9/18/97 11:46:51 Factor: 1.0000000 Correct End - N: 8557.7674 E: 10508.6512' Calc.. End - N: 8557.7674 E: 10508.6512 Error - N: 0.0000 E: 0.0000 Total: 0.0000 Brg: N 90-00-00.0 E Distance Traversed: 212.3400 Closure: 9999999999 No Adjustment Bearing Distance North East Elevation Pt.No. 8557.7674 10508.6512 0.00 363 S 88-10-00.0 E 27.1700 8556.8982 10535.8073 7393 S 01-50-00.0 W 79.0000 8477.9386 10533.2799 7394 N 88-10-00.0 W 27.1700 8478.8079 10506.1239 7395 N 01-50-00.0 E 79.0000 8557.7674 10508.6512 7396 Approx: Sq.Feet: 2146.4 Acres: 0.0493 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT52 9/18/97 11:47:08 Factor: 1.0000000 Correct End - N: 8557.7674 E: 10508.6512 Calc.. End - N: 8557.7645 E: 10508.6519 Error. - N: -0.0029 E: 0.0006 Total: 0.0030 Brg: N 12-20-56.4 W Distance Traversed: 228.8732 Closure: 77119 No Adjustment Bearing Distance North East Elevation Pt.No. 8557.7674 10508.6512 0.00 363 N 88-10-00.0 W 22.5600° 8558.4892 10486.1028 7397 RAD: 25.0000 LEN: 34.2236 TAN: 20.4021 CEN.ANG: 78-26-05.0 CHORD: 31.6132 MO: 5.6312 EXT: 7.2684 DEGREE: 229-10-59.2 SEG: 121.6 TRI: 306.2 SEC: 427.8 S 01-50-00.0 W 25.0000 8533.5020 10485.3030 7398 PC->RP N 76-36-05.0 W 25.0000 8539.2951 10460.9834 7399 RP->PT S 52-36-57.5 W 31.6132 8539.2951 10460.9834 7399 PC->PT S 52-30-00.0 E 4.7500 8536.4035 10464.7519 7400 S 07-30-00.0 E 57.0000 8479.8911 10472.1919 7401 S 88-1.0-00.0 E 33.9500 8478.8050 10506.1245 7402 N 01-50-00.0 E 79.0000 8557.7645 10508.6519 7403 Approx: Sq.Feet: 3111.8 Acres: 0.0714 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T53 9/18/97 11:47:29 Factor: 1.0000000 Correct End - N: 8477.6570 E: 10542.0778 Calc. End - N: 8477.6581 E: 10542.0834 Error - N: 0.0011 E: 0.0056 Total: 0.0057 Brg: S 78-48-59.5 W Distance Traversed: 220.3400 Closure: 38554 No Adjustment Bearing Distance North East Elevation Pt.No. 8477.6570 10542.0778 0.00 365 S 07-30-00.0 E 28.6700 8449.2323 10545.8200 7404 S 82-30-00.0 W 78.0000 8439.0513 10468.4873 7405 N 07-30-00.0 W 21.0100 8459.8815 10465.7449 7406 N 37-30-00.0 E 12.7300 8469.9809 10473.4944 7407 N 07-30-00.0 W 10.0000 8479.8954 10472.1892 7408 S 88-10-00.0 E 69.9300 8477.6581 10542.0834 7409 Approx: Sq.Feet: 2599.1 Acres: 0.0597 Prepared by: DODDS ENGINEERS, INC. ##CGP001771 Map-Check L0T54 9/18/97 11:47:48 Factor: 1.0000000 Correct End N: 8439.0495 E: 10468.4875 Calc. End - N: 8439.0426 E: 10468.4897 Error - N: -0.0069 E: 0.0022 Total: 0.0072 Brg: N 17-47-25.8 W Distance Traversed: 214.3039 Closure: 29655 No Adjustment Bearing Distance North East Elevation Pt.No. 8439.0495 10468.4875 0.00 367 S 07-30-00.0 E 8.6100 8430.5132 10469.6113 7410 RAD: 39.0000 LEN: 25.8230 TAN: 13.4049 CEN.ANG: 37-56-14.0 CHORD: 25.3539 MO: .2.1178 EXT: 2.2394 DEGREE: 146-54-44.1 SEG: 36.0 TRI: 467.6 SEC: 503.5 Nj82-30-00.0 E 39.0000 8435.6037 . 10508.2777 7411 PC->RP S 44-33-46.0 W 39.0000 8407.8169 10480.9118 7412 RP->PT S 26-28-07.0 E 25.3539 8407.8169 10480.9118 7412 PC->PT N 182-30-00.0 E 69.7600 8416.9224 10550.0749 7413 N 107-30-00.0 W 32.5800 8449.2237 10545.8224 7414 S 82-30-00.0 W 78.0000 8439.0426 10468.4897 7415 Approx: Sq.Feet: 2478.5 Acres: 0.0569 Prepared by: DODDS ENGINEERS, INC. $CGP001771 Map-Check L0T55 9/18/97 11:48:08 Factor: 1.0000000 Correct End - N: 8416.9260 E: 10550.0732 Calc. End - N: 8416.9289 E: 10550.0661 Error - N: 0.0028 E: -0.0070 Total: 0.0076 Brg: S 68-00-20.0 E Distance Traversed: 223.6509 Closure: 29440 No Adjustment Bearing Distance North East Elevation Pt.No. 8416.9260 10550.0732 .0.00 369 . N 86-40-26.0 E 67.2800 8420.8295 10617.2398 7416 S 11-00-00.0 E 35.2800 8386.1977 . 10623.9716 7417 RAD: 35.0000 LEN: 4.8689 TAN: 2.4384 CEN.ANG: 7-58-14.0 CHORD: 4.8650 MO: 0.0846 EXT: 0.0848 DEGREE: 163-42-08.0 SEG: 0.3 TRI: 84.9 SEC: 85.2 S 79-00-00.0 W 35.0000 8379.5194 10589.6146 7418 PC->RP N 86-58-14.0 E 35.0000 8381.3691 10624.5657 7419 RP->PT S 07-00-53.0 E 4.8650 8381.3691 10624.5657 7419 PC->PT S, 82-30-00.0 W 53.0700 8374.4421 10571.9497 7420 RAD: 105.0000 LEN: 14.8883 TAN: 7.4567 CEN.ANG: 8-07-27.0 CHORD: 14.8758 MO: 0.2638 EXT: 0.2644 DEGREE: 54-34-02.7 SEG: 2.6 TRI: 779.0 SEC: 781.6 S 27-52-27.0 W 105.0000 8281.6246 10522.8589 7421 PC->RP N 19-45-00.0 E 105.0000 8380.4481 10558.3402 7422 RP->PT • N 66-11-16.5 W 14.8758 8380.4481 10558.3402 7422 PC->PT . N 70-15-00.0 W 16.0700 8385.8784 10543.2155 7423 N 19-45-00.0 E 14.5000 8399.5254 10548.1153 •7424 N 11-40-00.0 E 12.8100 8412.0708 10550.7057 7425 N 07-30-00.0 W 4.9000 8416.9289 10550.0661 7426 Approx: Sq.Feet: 2973.9 Acres: 0.0683 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check L0T56 9/18/97 11:48:28 Factor: 1.0000000 Correct End - N: 8416.9260 E: 10550.0732 Calc. End - N: 8416.9237 E: 10550.0737 Error - N: -0.0023 E: 0.0005 Total: 0.0023 Brg: N 12-00-21.6 W Distance Traversed: 182.2100 Closure: 77539 No Adjustment Bearing Distance North East Elevation Pt.No. 8416.9260 10550.0732 0.00 369 N 07-30-00.0 W 22.2700 8439.0055 10547.1664 7427 N 82-30-00.0 E 65.4400 8447.5471 10612.0465 7428 S 11-00-00.0 E 27.2200 8420.8272 10617.2403 7429 S 86-40-26.0 W 67.2800 8416.9237 10550.0737 7430 Approx: Sq.Feet: 1636.2 Acres: 0.0376 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check LOT57 9/18/97 11:48:54 Factor: 1.0000000 Correct End - N: 8477.6570 E: 10542.0778 Calc. End - N: 8477.6482 E: 10542.0808 Error - N: -0.0088 E: 0.0030 Total : 0.0093 Brg: N 18-47-10.1 W Distance Traversed: 198.7500 Closure: 21409 No Adjustment Bearing Distance North East Elevation Pt.No. 8477.6570 10542.0778 0.00 365 5 '88-10-00.0 E 65.9600 8475.5468 10608.0040 7431 S 01-54-00.0 E 8.6800 8466.8716 10608.2918 7432 S 11-00-00.0 E 19.6900 8447.5434 10612.0488 7433 S 82-30-00.0 W 6.5.4400 8439.0017 10547.1687 7434 N 07-30-00.0 W 38.9800 8477.6482 10542.0808 7435 Approx: Sq.Feet: 2181.0 Acres: 0.0501 • Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT100 9/18/97 11:55:25 Factor: 1.0000000 Correct End - N: 8079.5388 E: 10133.7541. Calc. End - N: 8079.5439 E: 10133.7620 Error - N: 0.0051 E: 0.0079 Total: 0.0094 Brg: S 57-08-23.5 W Distance Traversed: 1803.9665 Closure: 192660 No Adjustment Bearing Distance North East Elevation Pt.No. 8079.5388 10133.7541 0.00 633 N 00-00-26.0 E 574.3700 8653.9088 10133.8265 7459 RAD: 25.0000 LEN: 40.0555 TAN: 25.7982 CEN.ANG: 91-48-02.0 CHORD: 35.9065 MO: .7.6023 EXT: 10.9242 DEGREE: 229-10-59.2 SEG: 188.3 TRI: 312.3 SEC: 500.7 S 89-59-34.0 E 25.0000 8653.9057 10158.8265 7460 PC->RP N 01-48-28.0 E 25.0000 8678.8932 10159.6152 7461 RP->PT N 45-54-27.0 E 35.9065 8678.8932 10159.6152 7461 . PC->PT S 88-11-32.0 E 185.6900 8673.0354 10345.2127 7462 S 01-50-00.0 W 82.3900 8590.6875 •10342.5769 7463 S 11-03-50.0 E 38.0800 8553.3153 10349.8846 7464 S 01-50-00.0 W 62.1700 8491.1771 10347.8956 7465 S 28-00-00.0 E 22.1500 8471.6198 10358.2944 7466 S 07-30-00.0 E 113.3600 8359.2296 10373.0909 7467 S 30-00-00.0 E 40.9100 8323.8005 10393.5459 7468 S 70-15-00.0 E . 139.4300 8276.6848 10524.7740 7469 S 58-15-00.0 W 109.5200 8219.0539 10431.6435 7470 . S 20-40-00.0 W 157.6000 8071.5955 10376.0216 7471 N 88-07-15.0 W 242.3900 8079.5439 10133.7620 7472 Approx: Sq.Feet: 152396.8 Acres: 3.4985 ' Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT101 9/18/97 11:56:00 Factor: 1.0000000 Correct End - N: 8671.1.714 E: 3.0404.1901 Calc. End - N: 8671.1731 E: 10404.1891 Error. - N: 0.0017 E: -0.0010 Total: 0.0020 Brg: S 31-41-19.9 E Distance Traversed: 223.2373 Closure: 114002 No Adjustment Bearing Distance North East Elevation Pt.No. 8671.171.4 10404.1901 0.00 185. S 43-20-00.0 E 45.8200 8637.8432 10435.6337 7473 S 01-50-00.0 W 25.0200 8612.8360 10434.8332 7474 S 26-50-00.0 E 24.9300 8590.5903 10446.0866 7475 S 50-35-16.0 E .8.0000 8585.5112 10452.2674 7476 RAD: 24.0000 LEN: 19.4411 TAN: 10.2894 CEN.ANG: 46-24-44.0 CHORD: 18.9139 MO: 1.9418 EXT: 2.1127 DEGREE: 238-43-56.7 . SEG: 24.7 TRI: 208.6 SEC: 233.3 N 50-35-16.0 W 24.0000 8600.7487 10433.7250 7477 PC->RP N 83-00-00.0 E 24.0000 8603.6735 10457.5461 7478 RP->PT N 16-12-22.0 E 18.9139 8603.6735 10457.5461 7478 PC->PT N 07-00-00.0 W 30.0000 8633.4499 10453.8900 7479 RAD: 24.0000 LEN: 10.0531 TAN: 5.1014 CEN.ANG: 24-00-00.0 CHORD: 9.9798 MO: 0.5245 EXT: 0.5362 DEGREE: 238-43-56.7 SEG: 3.5 TRI: 11.7.1 SEC: 120.6 S 83-00-00.0 W ' 24.0000 8630.5250 10430.0689 7480 PC->RP N 59-00-00.0 E 24.0000 8642.8860 1.0450.6409 7481 RP->PT N 19-00-00.0 W 9.9798 8642.8860 10450.6409 '7481 PC->PT N 31-00-00.0 W 17.7500 8658.1007 10441.4990 7482 RAD: 44.5000 LEN: 16.4572 'TAN: 8.3237 CEN.ANG: 21-11-22.0 CHORD: 16.3636 MO: 0.7586 EXT: 0.7718 DEGREE: 128-45-16.4 SEG: 8.3 TRI: 357.9 SEC: 366.2 S 59-00-00.0 W 44.5000 8635.1815 10403.3551 7483 PC->RP N 37-48-38.0 E 44.5000 8670.3384 10430.6359 7484 RP->PT N 41-35-41.0 W 16.3636 8670.3384 10430.6359 7484 PC->PT N 88-11-32.0 W 26.4600 8671.1731 10404.1891 7485 Approx: Sq.Feet: 1648.3 Acres: 0.0378 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT102 9/18/97 11:56:18 Factor: 1.0000000 Correct End - N: 8668.2944 E: 10495.3399 Caic. End - N: 8668.2953 E: 10495.3360 Error - N: 0.0010 E: -0.0039 Total: 0.0040 Brg: S 75-52-27.7 E Distance Traversed: 180.9054 Closure: 45247 No Adjustment Bearing Distance North East Elevation Pt.No. 8668.2944 10495.3399 0.00 274 S 88-11-32.0 E 14.5000 8667.8370 10509.8327 7486 S 01-50-00.0 W 81.0400 8586.8384 10507.2401 7487 RAD: 24.0000 LEN: 21.8494 TAN: 11.7475 CEN.ANG: 52-09-42.0 CHORD: 21.1027 MO: 2.4438 EXT: 2.7209 DEGREE: 238-43-56.7 SEG: 34.7 TRI: 227.4 SEC: 262.2 N 30-50-1.8.0 E 24.0000 8607.4452 10519.5429 7488 PC->RP S 83-00-00.0 W 24.0000 8604.5204 10495.7218 7489 RP->PT N' 33-04-51.0 W 21..1027 8604.5204 10495.7218 7489 PC->PT N 07-00-00.0 W 34.0000 8638.2669 10491.5782 7490 RAD: 24.0000 LEN: 12.0397 TAN: 6.1494 CEN.ANG: 28-44-34.0 CHORD: 11.9139 MO: 0.7510 EXT: 0.7753 DEGREE: 238-43-56.7 SEG: 6.0 TRI: 1.38.5 SEC: 144.5 . N 83-00-00.0 E 24.0000 8641.1918 10515.3993 7491 PC->RP N 68-15-26.0 W 24.0000 8650.0824 . 10493.1068 7492 RP->PT N 07-22-17.0 E 11.9139 8650.0824 10493.1068 7492 PC->PT • RAD: 36.0000 LEN: 18.5535 TAN: 9.4877 CEN.ANG: 29-31-44.0 CHORD: 18.3489 MO: 1.1887 EXT: 1.2292 DEGREE: 159-09-17.8 SEG: 14.6 TRI: 319.4 SEC: 334.0 N 68-15-26.0 W 36.0000 8663.4182 10459.6679 7493 PC->RP N 82-12-50.0 E 36.0000 8668.2953 10495.3360 7494 RP->PT N 06-58-42.0 E 18.3489 8668.2953 10495.3360 7494 PC->PT Approx: Sq.Feet: 1102.6 Acres: 0.0253 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT1O4 9/18/97 11:56:58 Factor: 1.0000000 Correct End - N: 8374.4380 E: 10571.9540 Calc.. End - N: 8374.4377 E: 10571.9540 Error - N: -0.0003 E: 0.0000 Tota]. : 0.0003 Brg: N 03-14-33.4 W Distance Traversed: 119.9141 Closure: 409771 No Adjustment. Bearing Distance North East Elevation Pt.No. 8374.4380 10571.9540 0.00 378 RAD: 105.0000 LEN: 23.4236 TAN: 11.7606 CEN.ANG: 12-46-54.0 CHORD: 23.3751 MO: 0.6525 EXT: 0.6566 DEGREE: 54-34-02.7 SEG: 10.2 TRI: 1219.6 SEC: 1229.7 S 27-52-27.0 W 105.0000 8281.6205 10522.8632 7503 PC->RP N 40-39-21.0 E 105.0000 8361.2773 10591.2721 7504 RP->PT S 55-44-06.0 E 23.3751 8361.2773 10591.2721 7504 PC->PT RAD: 20.0000 LEN: 41.4919 TAN: 33.8624 CEN.ANG: 118-51-56.0 CHORD: 34.4413 MO: 9.8290 EXT: 19.3276 DEGREE: 286-28-44.0 SEG: 239.8 TRI: 175.2 SEC: 414.9 N 40-39-21.0 E 20.0000 8376.4501 10604.3024 7505 PC->RP S 78-12-35.0 E 20.0000 8372.3635 10623.8805 7506 RP->PT N 71-13-23.0 E . 34.4413 8372.3635 10623.8805 7506 PC->PT RAD: 35.0000 LEN: 9.0529 TAN: 4.5518 CEN.ANG: 14-49-11.0 CHORD: 9.0276 MO: 0.2923 EXT: 0.2947 DEGREE: 163-42-08.0 SEG: .1.8 TRI: 156.7 SEC: 158.4 N 78-12-35.0 W 35.0000 8379.5150 10589.6189 7507 PC->RP N 86-58-14.0 E 35.0000 8381.3647 10624.5700 7508 RP->PT N 04-22-49.5 E 9.0276 8381.3647 10624.5700 7508 PC->PT S 82-30-00.0 W 53.0700 8374.4377 10571.9540 7509 Approx: Sq.Feet: 787.4 Acres: 0.0181 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT105 9/18/97 11:57:22 Factor: 1.0000000 Correct End - N: 8266.0562 E: 10587.0020 Calc.. End - N: 8266.0537 E: 10587.0034 Error - N: -0.0025 E: 0.0015 Total: 0.0029 Brg: N 30-08-07.9 W Distance Traversed: 161.8926 Closure: 55823 No Adjustment Bearing Distance North East Elevation Pt.No. 8266.0562 10587.0020 0.00 277 RAD: 66.0000 LEN: 75.3127 TAN: 42.3552 CEN.ANG: 65-22-49.0 CHORD: 71.2926 MO: 10.4542 EXT: 12.4217 DEGREE: 86-48-42.4 SEG: 505.3 TRI: 1980.0 SEC: 2485.3 • N 76-21-36.0 W 66.000.0 8281.6203 10522.8634 7510 PC->RP N 38-15-35.0 E 66.0000 8333.4443 10563.7324 7511 RP->PT N 19-03-00.5 W 71.2926 8333.4443 10563.7324 7511 PC->PT S 19-45-00.0 W 44.6000 8291.4679 10548.6613 7512 S 56-27-45.0 E 46.0000 8266.0537 10587.0034 7513 Approx: Sq.Feet: 1501.5 Acres: 0.0345 Prepared by: DODDS ENGINEERS, INC. 1tCGP001771 Map-Check TRACT10G 10/06/97 8:31:44 Factor: 1.0000000 Correct End - N: 8670.3367 E: 10430.6340 Calc. End - N: 8670.3440 E: 10430.6324 Error -. N: 0.0072 E: -0.0016 Total: 0.0074. Brg: .S 12-47-17.8 E Distance Traversed: 2659.8415 Closure: 358140 No Adjustment Bearing Distance North East Elevation Pt.No. 8670.3367 10430.6340 0.00 265 S 88-11-32.0 E 32.2000 8669.3209 10462.8180 7030 S 88-11-32.0 E 32.5300 8668.2947 10495.3318 7031 RAD: 36.0000 LEN: 1.8.5535 TAN: 9.4877 CEN.ANG: 29-31-44.0 CHORD: 18.3489 MO: 1.1887 EXT: 1.2292 DEGREE: 159-09-17.8 SEG: 14.6 TRI: 319.4 SEC: 334.0 S 82-12-50.0 W 36.0000 8663.4176 10459.6637 0.00 7032 PC->RP S 68-15-26.0 E 36.0000 8650.0818 10493.1025 7033 RP->PT S 06-58-42.0 W 18.3489 8650.0818 10493.1025 7033 PC->PT RAD: 24.0000 LEN: 12.0397 TAN: 6.1494 CEN.ANG: 28-44-34.0 CHORD: 11.9139 MO: 0.7510 EXT: 0.7753 DEGREE: 238-43-56.7 SEG: 6.0 TRI: 138.5 SEC: 144.5 S 68-15-26.0 E 24.0000 8641.1912 10515.3951 7034 PC->RP S 83-00-00.0 W . 24.0000 8638.2663 10491.5740 7035 RP->PT S 07-22-17.0 W 11.9139 8638.2663 10491.5740 7035 PC->PT S 07-00-00.0 E 34.0000 8604.5198 10495.7175 7036 RAD: 24.0000 LEN: 21.8494 TAN: 11.7475 CEN.ANG: 52-09-42.0 CHORD: 21.1027 MO: 2.4438 EXT: 2.7209 DEGREE: 238-43-56.7 SEG: 34.7 TRI: 227.4 SEC: 262.2 N 83-00-00.0 E 24.0000 8607.4446 10519.5386 7037 PC->RP S 30-50-18.0 W 24.0000 8586.8378 10507.2358 7038 RP->PT S 33-04-51.0 E 21.1027 8586.8378 10507.2358 7038 PC->PT RAD: 24.0000 LEN: 12.1496 TAN: 6.2079 CEN.ANG: 29-00-18.0 CHORD: 12.0203 MO: 0.7647 EXT: 0.7899 DEGREE: 238-43-56.7 SEG: 6.1 TRI: 139.6 SEC: 145.8 N 30-50-18.0 E 24.0000 8607.4446 10519.5386 7039 PC->RP S 01-50-00.0 W 24.0000 8583.4569 10518.7708 7040 RP->PT S 73-39-51.0 E 12.0203 8583.4569 10518.7708 7040 PC->PT S 88-10-00.0 E 20.4500 8582.8027 10539.2104 7041 S 88-10-00.0 E . 27.1700 8581.9334 10566.3665 7042 Prepared by: DODDS ENGINEERS, INC. ##CGP001771 Map-Check TRACT106 10/06/97 8:37:02 Factor: 1 .0000000 (' -- Bearing Distance North East Elevation Pt.No. S 88-10-00.0 E 16.4400 8581.4075 10582.7980 7043 RAD: 51.0000 LEN: 76.7875 TAN: 47.7806 CEN.ANG: 86-16-00.0 CHORD: 69.7372 MO: 13.7820 EXT: 18.8855 DEGREE: 112-20-40.8 SEG: 660.3 TRI: 1297.7 SEC: 1958.1 S 01-50-00.0 W 51.0000 8530.4336 10581.1664 7044 PC->RP N 88-06-00.0 E 51.0000 8532.1245 10632.1384 7045 RP->PT S 45-02-00.0 E 69.7372 8532.1245 10632.1384 7045 PC->PT S 01-54-00.0 E 22.0300 8510.1066 10632.8688 7046 S 01-54-00.0 E 40.3200 8469.8088 10634.2056 7047 S 11-00-00.0 E 5.2900 8464.6160 10635.2150 7048 S 11-00-00.0 E 34.3300 8430.9167 10641.7655 7049 S 11-00-00.0 E 27.1700 8404:2459 10646.9498 7050 S 11-00-00.0 E 13.3300 8391.1608 10649.4932 7051 RAD: 61.0000 LEN: 11.6304 TAN: 5.8329 CEN.ANG: 10-55-27.0 CHORD: 11.6128 MO: 0.2770 EXT: 0.2782 DEGREE: 93-55-39.0 SEG: 2.1 TRI: 352.6 SEC: 354.7 S 79-00-00.0 W 61.0000 8379.5215 10589.6140 7052 PC->RP N 89-55-27.0 E 61.0000 8379.6022 10650.6139 7053 RP->PT S 05-32-16.5 E 11.6128 8379.6022 . 10650.6139 7053 PC->PT RAD: 61.0000 LEN: 24.6786 TAN: 12.5104 CEN.ANG: 23-10-48.0 CHORD: 24.5106 MO: 1.2438 EXT: 1..2697 DEGREE.: 93-55-39.0 SEG: 20.4 TRI: 732.3 SEC: 752.7 S 89-55-27.0 W 61.0000 8379.5215 10589.6140 • 7054 PC->RP S 66-53-45.0 E 61.0000 8355.5848 10645.7214 ' 7055 RP->PT S 11-30-51.0 W 24.5106 8355.5848 10645.7214 7055 PC->PT RAD: 61.0000 LEN: 28.8893 TAN: 14.7208 CEN.ANG: 27-08-06.0 CHORD: 28.6201 MO: 1.7023 EXT: 1.7511 DEGREE: 93-55-39.0 SEG: 32.6 TRI: 848.6 SEC: 881.1 N 66-53-45.0 W 61.0000 8379.5215 10589.6140 7056 PC->RP S 39-45-39.0 E 61.0000 8332.6295 10628.6286 7057 RP->PT S 36-40-18.0 W 28.6201 8332.6295 10628.6286 7057 PC->PT RAD: 61.0000 LEN: 0.3303 TAN: 0.1652 CEN.ANG: 0-18-37.0 CHORD: 0.3303 MO: 0.0002 EXT: 0.0002 DEGREE: 93-55-39.0 SEG: 0.0 TRI: 10.1 SEC: 10.1 Prepared by: DODDS ENGINEERS, INC. ItCGP001771 Map-Check TRACT106 10/06/97 8:37:02 Factor: 1.0000000 N 39-45-39.0 W 61.0000 8379.5215 10589.6140 7058 PC->RP S 39-27-02.0 E 61 .0000 8332.4189 10628.3741 7059 RP->PT S 50-23-39.5 W 0.3303 8332.4189 10628.3741 7059 PC->PT RAD: 24.0000 LEN: 27.4389 TAN: 15.4390 CEN.ANG: 65-30-20.0 CHORD: 25.9687 MO: 3.8157 EXT: 4.5370 DEGREE: 238-43-56.7 SEG: 67.2 TRI: 262.1 SEC: 329.3 S 39-27-02.0 E 24.0000 8313.8868 10643.6240 7060 PC->RP S 75-02-38.0 W 24.0000 8307.6929 10620.4370 7061 RP->PT S 17-47-48.0 W 25.9687 8307.6929 10620.4370 7061 PC->PT RAD: 101.0000 LEN: 1.1801 TAN: 0.5900 CEN.ANG: 0-40-10.0 CHORD: 1.1801 MO: 0.0017 EXT: 0.0017 DEGREE: 56-43-42.6 SEG: 0.0 TRI: 59.6 SEC: 59.6 S 75-02-38.0 W 101.0000 8281.6269 10522.8585 7062 PC->RP N 75-42-48.0 E 101.0000 8306.5510 10620.7349 7063 RP->PT S 14-37-17.0 E 1.1801 8306.5510 10620.7349 7063 PC->PT RAD: 101.0000 LEN: 38.4326 TAN: 19.4516 CEN.ANG: 21-48-08.0 CHORD: 38.2011 M0: 1.8225 EXT: 1.8560 DEGREE: 56-43-42.6 SEG: 46.5 TRI: 1894.3 SEC: 1940.8 S 75-42-48.0 W 101.0000 8281.6269 10522.8585 7064 PC->RP S 82-29-04.0 E 101.0000 8268.4165 10622.9909 7065 RP->PT • S 03-23-08.0 E 38.2011 8268.4165 10622.9909 7065 PC->PT S 85-30-00.0 E 18.6100 8266.9564 10641.5435 7066 S 04-30-00.0 W 28.0000 8239.0427 10639.3467 7067 N 85-30-00.0 W 18.5000 8240.4942 10620.9037 7068 RAD: 74.0000 LEN: 33.2393 TAN: 16.9048 CEN.ANG: 25-44-10.0 CHORD: 32.9606 MO: 1.8585 EXT: 1.9063 DEGREE: 77-25-36.2 SEG: 40.9 TRI: 1188.9 SEC: 1229.9 N 84-31-28.0 E 74.0000 8247.5554 10694.5660 7069 PC->RP S 58-47-18.0 W 74.0000 8209.2085 10631.2769 7070 RP->PT S 18-20-37.0 E 32.9606 8209.2085 10631.2769 7070 PC->PT RAD: 74.0000 LEN: 13.0719 TAN: 6.5530 CEN.ANG: 10-07-16.0 CHORD: 13.0549 MO: 0.2884 EXT: 0.2896 DEGREE: 77-25-36.2 Prepared hy: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT106 10/06/97 8:37:03 Factor: 1.0000000 SEG: 2.5 TRI: 481.1 SEC: 483.7 N 58-47-18.0 E 74.0000 8247.5554 10694.5660 7071 PC->RP S 48-40-02.0 W 74.0000 8198.6835 10639.0004 7072 RP->PT S 36-16-20.0 E 13.0549 8198.6835 10639.0004 7072 PC->PT RAD: 46.0000 LEN: 16.4442 TAN: 8.3108 CEN.ANG: 20-28-56.0 CHORD: 16.3568 MO: 0.7329 EXT: 0.7447 DEGREE: 124-33-21.8 SEG: 8.0 TRI: 370.2 SEC: 378.2 S 48-40-02.0 W 46.0000 8168.3036 10604.4597 7073 PC->RP N 69-08-58.0 E 46.0000 8184.6765 10647.4472 7074 RP->PT S 31-05-30.0 E 16.3568 8184.6765 10647.4472 7074 PC->PT RAD: 46.0000 LEN: 27.8217 TAN: 14.3510 CEN.ANG: 34-39-13.0 CHORD: 27.3996 MO: 2.0874 EXT: 2.1866 DEGREE: 124-33-21.8 SEG: 38.3 TRI: 601.6 SEC: 639.9 S 69-08-58.0 W 46.0000 8168.3036 10604.4597 7075 PC->RP S 76-11-49.0 E 46.0000 8157.3287 10649.1312 707.6 RP->PT S 03-31-25.5 E 27.3996 8157.3287 10649.1312 7076 PC->PT RAD: 46.0000 LEN: 11.5049 TAN: 5.7826 CEN.ANG: 14-19-48.0 CHORD: 11.4749 MO: 0.3592 EXT: 0.3620 DEGREE: 124-33-21.8 SEG: 2.8 . TRI: 261.9 SEC: 264.E N 76-11-49.0 W 46.0000 8168.3036 10604.4597 7077 PC->RP S 61-52-01.0 E 46.0000 8146.6137 10645.0250 •7078 RP->PT S 20-58-05.0 W 11.4749 8146.6137 10645.0250 7078 PC->PT S 53-10-00.0 E 17.1400 8136.3384 10658.7435 7079 RAD: 50.0000 LEN: 30.5433 TAN: 15.7649 CEN.ANG: 35-00-00.0 ' CHORD: 30.0706 MO: 2.3142 EXT: 2.4265 DEGREE: 114-35-29.6 SEG: 46.6 TRI: 717.0 SEC: 763.6 N 36-50-00.0 E 50.0000 8176.3576 10688.7180 7080 PC->RP S 01-50-00.0 W 50.0000 8126.3832 10687.1184 7081 RP->PT S 70-40-00.0 E 30.0706 8126.3832 10687.1184 7081 PC->PT S 01-50-00.0 W 20.0000 8106.3934 10686.4786 • 7082 RAD: 70.0000. LEN: 27.8996 TAN: 14.1374 CEN.ANG: 22-50-10.0 CHORD: 27.7153 MO: 1.3854 EXT: 1.4134 DEGREE: 81-51-04.0 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT106 10/06/97 8:37:03 Factor: 1.0000000 SEG: 25.6 TRI: 950.8 SEC: 976.5 N 01-50-00.0 E 70.0000 8176.3576 10688.7180 7083 PC->RP S 24-40-10.0 W 70.0000 8112.7464 10659.5012 7084 RP->PT N 76-44-55.0 W 27.7153 8112.7464 10659.5012 7084 PC->PT RAD: 70.0000 LEN: 14.8610 TAN: 7.4585 CEN.ANG: 12-09-50.0 CHORD: 14.8331 MO: 0.3940 EXT: 0.3962 DEGREE: 81-51-04.0 SEG: 3.9 TRI: 516.2 SEC: 520.1 N 24-40-10.0 E 70.0000 8176.3576 10688.7180 7085 PC->RP S 36-50-00.0 W 70.0000 8120.3308 10646.7538 7086 RP->PT N 59-14-55.0 W 14.8331 8120.3308 10646.7538 7086 PC->PT N'53-10-00.0 W 18.5000 8131.4213 10631.9467 7087 RAD: 46.0000 LEN: 31.0672 TAN: 16.1523 CEN.ANG: 38-41-46.0 CHORD: 30.4801 MO: 2.5979 EXT: 2.7534 DEGREE: 124-33-21.8 SEG: 53.1 TRI: 661.5 SEC: 714.5 N 36-41-46.0 W 46.0000 8168.3049 10604.4584 7088 PC->RP S 02-00-00.0 W f 46.0000 8122.3329 10602.8530 7089 RP->PT ' S 72-39-07.0 W 30.4801 8122.3329 10602.8530 7089 PC->PT N, 88-00-00.0 W 14.7400 8122.8473 10588.1220 7090 RAD: 46.0000 LEN: 10.6648 TAN: 5.3564 CEN.ANG: 13-17-01.0 CHORD: 10.6409 MO: 0.3087 EXT: 0.3108 DEGREE: 124-33-21.8 SEG: 2.2 TRI: 243.1 SEC: 245.3 • N 02-00-00.0 E 46.0000 8168.8193 10589.7274 7091 PC->RP ' S 15-17-01.0 W 46.0000 8124.4462 10577.6019 7092 RP->PT N' 81-21-29.5 W 10.6409 8124.4462 10577.6019 7092 PC->PT RAD: 46.0000 LEN: 28.0719 TAN: 14.4884 CEN.ANG: 34-57-55.0 CHORD: 27.6383 MO: 2.1248 EXT: 2.2277 DEGREE: 124-33-21.8 SEG: 39.3 TRI: 606.3 SEC: 645.7 N 15-17-01.0 E 46.0000 8168.8193 10589.7274 7093 PC->RP S 50-14-56.0 W 46.0000 8139.4044 10554.3612 7094 RP->PT N 57-14-01.5 W 27.6383 8139.4044 10554.3612 7094 PC->PT RAD: 46.0000. LEN: 19.1047 TAN: 9.6921 CEN.ANG: 23-47-46.0 • CHORD: 18.9677 MO: 0.9883 EXT: 1.0100 DEGREE: 124-33-21.8 Prepared by: DODDS ENGINEERS, INC. ItCGP001771 Map-Check TRACT106 10/06/97 8:37:03 Factor: 1.0000000 SEG: 12.5 TRI: 426.9 SEC: 439.4 N 50-14,-56.0 E 46.0000 8168.8193 10589.7274 7095 PC->RP S 74-02-42.0 W 46.0000 8156.1747 10545.4994 7096 RP->PT N 27-51-11.0 W 18.9677 8156.1747 10545.4994 7096 PC->PT S 72-45-00.0 W 28.1600 8147.8241 10518.6061 7097 RAD: 25.0000 LEN: 24.7619. TAN: 13.5034 CEN.ANG: 56-45-00.0 CHORD: 23.7620 MO: 3.0036 EXT: 3.4137 DEGREE: 229-10-59.2 SEG: 48.2 TRI: 261.3 SEC: 309.5 S 17-15-00.0 E 25.0000 8123.9486 10526.0196 7098 PC->RP N 74-00-00.0 W 25.0000 8130.8395 10501.9881 7099 RP->PT S 44-22-30.0 W 23.7620 8130.8395 10501.9881 7099 PC->PT S 16-00-00.0 W 50.8500 8081.9594 10487.9719 7100 RAD: 45.0000 LEN: 29.8451 TAN: 15.4947 CEN.ANG: 38-00-00.0 CHORD: 29.3011 MO: 2.4517 EXT: 2.5929 DEGREE: 127-19-26.2 SEG: 48.2 TRI: 623.4 SEC: 671.5 N 74-00-00.0 W 45.0000 8094.3630 10444.7151 7101 PC->RP ' S 36-00-00.0 E 45.0000 8057.9573 10471.1655 7102 RP->PT S 35-00-00.0 W 29.3011 8057.9573 10471.1655 7102 PC->PT S 36-00-00.0 E 22.1500 8040.0376 10484.1849 7103 N 88-07-15.0 W 350.6300 8051.5353 10133.7435 7104 N 00-00-26.0 E 18.0100 8069.5453 10133.7457 7105 N 00-00-26.0 E 10.0000 8079.5453 10133.7470 7106 S 88-07-15.0 E 310.3200 8069.3694 10443.9001 • 7107 RAD: 25.0000 LEN: 33.1084 TAN: 19.4896 CEN.ANG: 75-52-44.0 CHORD:, 30.7414 MO: 5.2835 EXT: 6.6993 DEGREE: 229-10-59.2 SEG: 110.8 TRI: 303.1 SEC: 413.9 N 01-52-45.0 E 25.0000 8094.3559 10444.7199 7108 PC->RP S 73-59-59.0 E 25.0000 8087.4649 10468.7514 7109 RP->PT N 53-56-23.0 E 30.7414 8087.4649 10468.7514 7109 PC->PT N 16-00-00.0 E 50.8500 8136.3451 10482.7676 7110 RAD: 45.0000 LEN: 44.5713 TAN: 24.3060 CEN.ANG: 56-45-00.0 CHORD: 42.7716 MO: 5.4065 EXT:. 6.1447 DEGREE: 127-19-26.2 SEG: 156.1 TRI: 846.7 SEC: 1002.9 S 74-00-00.0 E 45.0000 8123.9414 10526.0243 7111 PC->RP Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT106 10/06/97 8:37:03 Factor: 1.0000000 Bearing Distance North East Elevation Pt.No. N 17-15-00.0 W 45.0000 8166.9173 10512.6800 7112 RP->PT N 44-22-30.0 E 42.7716 8166.9173 10512.6800 7112 PC->PT N 72-45-00.0 E 17.3500 8172.0623 10529.2496 7113 N 72-45-00.0 E 15.8900 8176.7743 10544.4248 7114 RAD: 46.0000 LEN: 15.1946 TAN: 7.6672 CEN.ANG: 18-55-33.0 CHORD: 15.1256 MO: 0.6260 EXT: 0.6346 DEGREE: 124-33-21.8 SEG: 6.3 TRI: 343.2 SEC: 349.5 S 80-01-54.0 E 46.0000 8168.8115 10589.7304 7115 PC->RP N 61-06-21.0 W 46.0000 8191.0384 10549.4568 7116 RP->PT N 19-25-52.5 E 15.1256 8191.0384 10549.4568 7116 PC->PT RAD: 46.0000 LEN: 16.6772 TAN: 8.4312 CEN.ANG: 20-46-21.0 CHORD: 16.5860 MO: 0.7537 EXT: 0.7663 DEGREE: 124-33-21.8 SEG: 8.3 TRI: 375.2 SEC: 383.6 S 61-06-21.0 E 46.0000 8168.8115 10589.7304 7117 PC->RP N 40-20-00.0 W 46.0000 8203.8770 10559.9577 7118 RP->PT N 39-16-49.5 E 16.5860 8203.8770 10559.9577 7118 PC->PT N 49-40-00.0 E 27.8200 8221.8830 10581.1646 7119 RAD: 49.0000 LEN: 6.9985 TAN: 3.5052 CEN.ANG: 8-11-00.0 CHORD: 6.9925 MO: 0.1249 EXT: 0.1252 DEGREE: 116-55-48.6 SEG: 0.6 TRI: 170.9 SEC: 171.5 N 40-20-00.0 W 49.0000 8259.2353 10549.4502 7120 PC->RP S 48-31-00.0 E 49.0000 8226.7776 10586.1585 • 7121 RP->PT N 45-34-30.0 E 6.9925 8226.7776 10586.1585 7121 PC->PT • N 48-31-00.0 W 4.0000 8229.4272 10583.1619 7122 RAD: 45.0000 LEN: 24.9233 TAN: 12.7903 CEN.ANG: 31-44-00.0 CHORD: 24.6060 MO: 1.7145 EXT: 1.7824 DEGREE: 127-19-26.2 SEG: 28.2 TRI: 532.5 SEC: 560.8 N 48-31-00.0 W 45.0000 8259.2353 10549.4502 7123 PC->RP S 80-15-00.0 E 45.0000 8251.6146 10593.8002 7124 RP->PT N 25-37-00.0 E 24.6060 8251.6146 10593.8002 7124 PC->PT N 09-45-00.0 E 3.9300 8255.4878 10594.4658 7125 N 35-15-00.0 W 12.9400 8266.0551 10586.9975 7126 RAD: 66.0000 LEN: 75.3127 TAN: 42.3552 CEN.ANG: 65-22-49.0 Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT106 10/06/97 8:37:03 Factor: 1.0000000 • CHORD: 71.2926 MO: 10.4542 EXT: 12.4217 DEGREE: 86-48-42.4 SEG: 505.3 TRI: 1980.0 SEC: 2485.3 N 76-21-36.0 W 66.0000 8281.6193 10522.8589 7127 PC->RP N 38-15-35.0 E 66.0000 8333.4433 10563.7279 7128 RP->PT N 19-03-00.5 W 71.2926 8333.4433 10563.7279 7128 PC->PT RAD: 66.0000 LEN: 7.4510 TAN: 3.7295 CEN.ANG: 6-28-06.0 CHORD: 7.4470 MO: 0.1051 EXT: 0.1053 DEGREE: 86-48-42.4 SEG: 0.5 TRI: 245.4 SEC: 245.9 S 38-15-35.0 W 66.0000 8281.6193 10522.8589 7129 PC->RP N 31-47-29.0 E 66.0000 8337.7175 10557.6296 7130 RP->PT N 54-58-28.0 W 7.4470 8337.7175 10557.6296 7130 PC->PT N 10-15-00.0 W 11.5800 8349.1126 10555.5690 7131 RAD: 75.0000 LEN: 7.9951 TAN: 4.0013 CEN.ANG: 6-06-28.0 CHORD: 7.9913 MO: 0.1065 EXT: 0.1067 DEGREE: 76-23-39.7 SEG: 0.6 TRI: 299.2 SEC: 299.8 S 25-51-28.0 W 75.0000 8281.6217 10522.8586 7132 PC->RP N 19-45-00.0 E 75.0000 8352.2099 10548.2023 7133 RP->PT N 67-11-46.0 W 7.9913 8352.2099. 10548.2023 7133 PC->PT N 70-15-00.0 W 65.7600 8374.4313 10486.3106 7134 RAD: 65.0000 LEN: 71.1876 TAN: 39.6373 CEN.ANG: 62-45-00.0 CHORD: 67.6828 MO: 9.5044 EXT: 11.1322 DEGREE: 88-08-50.5 SEG: 435.5 TRI: 1878.0 SEC: 2313.6 • N 19-45-00.0 E 65.0000 8435.6077 10508.2752 7135 PC->RP " S 82-30-00.0 W 65.0000 8427.1235 10443.8313 7136 RP->PT N 38-52-30.0 W 67.6828 8427.1235 10443.8313 7136 PC->PT N 07-30-00.0 W 20.2600 8447.2102 10441.1868 7137 N 07-30-00.0 W 35.0300 8481.9405 10436.6145 7138 N 07-30-00.0 W 41.9600 8523.5415 10431.1376 7139 N 07-30-00.0 W 0.9900 8524.5231 10431.0084 7140 RAD: 83.0000 LEN: 26.2961 TAN: 13.2592 CEN.ANG: 18-09-09.0 CHORD: 26.1863 MO: 1.0392 EXT: 1.0524 DEGREE: 69-01-51.8 SEG,: 18.2 TRI: 1073.1 SEC: 1091.3 N 82-30-00.0 E 83.0000 8535.3567 10513.2983 7141 PC->RP N '79-20-51.0 W 83.0000 8550.6995 10431.7287 7142 RP->PT • Prepared by: DODDS ENGINEERS, INC. 1iCGP001771 Map-Check TRACT106 10/06/97 8:37:04 Factor: 1.0000000 Bearing Distance North East Elevation Pt.No. N 01-34-34.5 E 26.1863 8550.6995 10431.7287 7142 PC->PT RAD: 83.0000 LEN: 26.0551 TAN: 13.1356 CEN.ANG: 17-59-10.0 CHORD: 25.9482 MO: 1.0203 EXT: 1.0330 DEGREE: 69-01-51.8 SEG: 17.7 TRI: 1063.6 SEC: 1081.3 S 79-20-51.0 E 83.0000 8535.3567 10513.2983 7143 PC->RP N 61-21-41.0 W 83.0000 8575.1373 10440.4525 7144 RP->PT N 19-38-44.0 E 25.9482 8575.1373 10440.4525 7144 PC->PT N 26-50-00.0 W 37.1600 8608.2960 10423.6786 7145 N 01-50-00.0 E 14.9200 8623.2084 10424.1559 7146 S 88-10-00.0 E 11.0000 8622.8565 10435.1503 7147 S 01-50-00.0 W 10.0200 8612.8416 10434.8297 7148 S 26-50-00.0 E 24.9300 8590.5960 10446.0831 7149 S 50-35-16.0 E 8.0000 8585.5168 10452.2638 7150 RAD: 24.0000 LEN: 19.4411 TAN: 10.2894 CEN.ANG: 46-24-44.0 CHORD: 18.9139 MO: 1.9418 EXT: 2.1127 DEGREE: 238-43-56.7 SEG: 24.7 TRI: 208.6 SEC: 233.3 N 50-35-16.0 W 24.0000 8600.7543 10433.7215 7151 PC->RP • N 83-00-00.0 E 24.0000 8603.6792 10457.5426 7152 RP->PT N 16-12-22.0 E 18.9139 8603.6792 10457.5426 7152 PC->PT N 07-00-00.0 W 30.0000 8633.4555 10453.8865 7153 RAD: 24.0000 LEN: 10.0531 TAN: 5.1014 CEN.ANG: 24-00-00.0 CHORD: 9.9798 MO: 0.5245 EXT: 0.5362 DEGREE: 238-43-56.7 SEG: 3.5 TRI: 117.1 SEC: 120.6 • S 83-00-00.0 W 24.0000 8630.5307 10430.0654 7154 PC->RP N 59-00-00.0 E 24.0000 8642.8916 10450.6374 7155 RP->PT N 19-00-00.0 W 9.9798 8642.8916 10450.6374 7155 PC->PT N 31-00-00.0 W 17.7500 8658.1063 10441 .4955 7156 RAD: 44.5000 LEN: 16.4572 TAN: 8.3237 CEN.ANG: 21-11-22.0 CHORD: 16.3636 MO: 0.7586 EXT: 0.7718 DEGREE: 128-45-16.4 SEG: 8.3 TRI: 357.9 SEC: 366.2 S 59-00-00.0 W 44.5000 8635.1871 10403.3516 7157 PC->.RP N 37-48-38.0 E 44.5000 8670.3440 10430.6324 7158 RP->PT N 41-35-41.0 W 16.3636 8670.3440 10430.6324 7158 PC->PT r- Prepared by: DODDS ENGINEERS, INC. #CGP001771 Map-Check TRACT106 10/06/97 8:37:04 Factor: 1.0000000 Approx: Sq.Feet: 75587.9 Acres: 1 .7353 **************************************************************** City of Renton WA Reprinted: 11/13/97 10 : 10 Receipt **************************************************************** Receipt Number: R9707190 Amount : 1, 000 . 00 11/13/97 10 : 10 Payment Method: CHECK Notation: #1016 BLUEBERRY Init: LMN Project # : LUA97-169 Type: LUA Land Use Actions Total Fees : 1, 000 . 00 This Payment 1, 000 . 00 Total ALL Pmts : 1, 000 . 00 Balance: . 00 *********************.******************************************* Account Code Description Amount 000 . 345 . 81. 00 . 0009 Final Plat 1, 000 . 00 • • IVED NOVRECE 1 3 1997 DEVELOPMENT PLANNING CITY OF RE'NTON